An Act to authorize the prosecution of a transit development program for the National Capital region, and to further the objectives of the act of July 14, 1960
PL 89-173 (H.R.4822), enacted 09/08/1965

79 STAT. ] 
PUBLIC LAW 89-173-SEPT. 8, 1965 
663 
Public Law 89-173 
AN ACT 
September 8, 1965 
To authorize the prosecution of a transit development program for the National 
[H. R. 4822] 
Capital region, and to further the objectives of the Act of July 14, 1960. 
Be it enacted hy the Senate and House of Representatives 
of the 
I 'nited States of America in Conqress assembled. 
„ National capuai 
' 
i7 
^ 
Transportation Act 
of 1965. 
SHORT TITLE 
SECTION 1. This Act may be cited as the "National Capital Trans- 
^o use 651 note 
portation Act of 1965". 
STATEMENT OF FINDINGS AND PURPOSES 
SEC. 2. To further the objectives of the Act of July 14, 1960, the 
Congress hereby finds and declares that— 
(a) A coordinated system of rail rapid transit, bus transporta-
tion service, and highways is essential in the National Capital 
region (as defined in section 103 of the National Capital Trans-
portation Act of 1960 (74 Stat. 537)) for the satisfactory move-
ment of people and goods, the alleviation of present and future 
traffic congestion, the economic welfare and vitality of all parts 
of the region, the effective performance of the functions of the 
United States Government located within the region, the orderly 
growth and development of the region, the comfort and con-
venience of the residents and visitors to the region, and the pres-
ervation of the beauty and dignity of the Nation's Capital. 
(b) Such a coordinated system should be developed coop-
eratively by the Federal, State, and local governments of the 
National Capital region as part of a balanced system of transpor-
tation utilizing to their best advantage highways and other transit 
facilities, and the cost of improved mass transit facilities should 
be financed, as far as possible, by persons using or benefiting from 
such facilities and their remaining costs should be shared equitably 
among the Federal, State, and local governments. 
(c) Various steps have already been taken to bring such a sys-
tem into being, including the preparation by the National Capital 
Transportation Agency (hereinafter referred to as the "Agency") 
of a Transit Development Program for the National Capital 
region, and authorization of the negotiation by the Board of Com-
missioners of the District of Columbia, the State of Maryland and 
the Commonwealth of Virginia of an interstate compact to estab-
lish a regional transportation organization under the terms of title 
I I I of the National Capital Transportation Act of 1960 (74 Stat. 
544), and approval by the Congress of the Washington Metro-
politan Area Transit Regulation Compact (74 Stat. 1031 and 7H 
Stat. 764). Nothing in this Act shall be construed as altering 
or amending the Washington Metropolitan Area Transit Regula-
tion Compact. 
(d) While the negotiation of an interstate compact to estab-
lish a regional transportation organization has not been com-
pleted, and plans for the development of improved mass transit 
facilities throughout the National Capital region are still being 
developed, the Agency has prepared a satisfactory Transit Devel-
opment Program for the establishment, principally within the 
District of Columbia, of a system of rail rapid transit lines and 
related facilities which are capable of being extended to serve 
other parts of the region, and the design and construction of such 
D,C. Code 1-
1410 note. 
note. 
664 
PUBLIC LAW 89-173-SEPT. 8, 1965 
[79 STAT. 
facilities should now proceed as contemplated by the National 
40 use 651 
Capital Transportation Act of 1960. 
(e) In developing such improved transportation facilities, it 
is necessary that the operation of rail rapid transit and bus 
services be coordinated, and that the creation and operation of 
public rail rapid transit facilities be accomplished with the least 
possible adverse effect on the private companies transporting 
persons in the National Capital region, on their employees, and 
on persons, families and businesses displaced by the construction 
of such facilities. 
FACILITIES AUTHORIZED 
SEC. 3. (a) In accordance with section 204(c) of the National Capi-
tal Transportation Act of 1960 (40 U.S.C. 664(c) ; 74 Stat. 540), the 
Agency is hereby authorized, subject to the availability of funds, to 
design, engineer, construct, equip, and take other action as authorized 
in this Act necessary to provide for the establishment of the system of 
rail rapid transit lines and related facilities described in the Agency's 
report entitled "Rail Rapid Transit for the Nation's Capital, January 
1965", transmitted to the Congress by the President on February 10, 
1965: Provided^ That the cost of constructing and equipping such lines 
and facilities, excluding interest costs, shall not exceed $431,000,000. 
(b) The work authorized by this section shall be subject to the 
provisions of the National Capital Transportation Act of 1960, shall 
be carried out substantially in accordance with the plans and schedules 
contained in the aforesaid report, and shall be subject to the following: 
(1) No portion of any rail rapid transit line or related facility 
authorized hereunder shall be constructed within the United 
States Capitol Grounds except upon approval of the Commission 
for Extension of the United States Capitol. 
(2) All construction work performed in, on, under, or over 
public space in the District of Columbia under the authority of 
this Act shall, in the interest of public convenience and safety, 
be performed in accordance with schedules agreed upon, and 
set forth in one or more written agreements, between the Agency 
and the Board of Commissioners of the District of Columbia, to 
the end that such construction work will be coordinated with 
other construction work in such public space, and consistent with 
such agreement or agreements, the said Board of Commissioners 
shall so exercise its jurisdiction and control over such public 
space as to facilitate the Agency's use and occupation thereof for 
the purposes of this Act. 
(3) The rail rapid transit lines and related facilities author-
ized by this Act shall not be operated except under contract by 
private transit companies, private railroads, or other private 
persons. Such contracts shall be entered into only after formal 
advertisement and negotiations with all interested and qualified 
parties, including private mass transportation companies in the 
National Capital region, and only if the Secretary of Labor 
certifies that terms and conditions, as prescribed in section 10(c) 
of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1609 
(c); 78 Stat. 302, 307), to protect the interests of employees 
affected by any such contract for the operation of the facilities 
authorized by this Act, are specified in such contract. 
(4) If the contractor selected to operate the facilities author-
ized by this Act contracts for the construction, alteration, and/or 
repair of such facilities, the agency which lets the contract to 
operate the rail rapid transit lines and related facilities shall take 
such action as may be necessary to insure that all laborers and 
79 STAT. ] 
PUBLIC LAW 89-173-SEPT. 8, 1965 
665 
mechanics employed in the performance of such construction, 
alteration, and/or repair shall be paid wages at rates not less than 
those prevailing on similar construction in the locality as deter-
mined by the Secretary of Labor, in accordance with the Davis-
Bacon Act, as amended. The Secretary of Labor shall have with 78'*|tat^^238°^^' 
respect to the labor standards specified herein the authority and 
40 use :!76a-
functions set forth in Reorganization Plan Numbered 14 of 1950 276a.5. 
(15 F.R. 3176; 64 Stat. 1267; 5 U.S.C. 133z-15) and section 2 of 
the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 
40 U.S.C. 276(C)). 
_ 
63 Stat. 108. 
(c) Nothing in this Act shall be construed to affect any right to 
damages which any common carrier engaged in the private transpor-
tation of persons in the National Capital region may have by virtue 
of Public Law 757 of the Eighty-fourth Congress (70 Stat. 598) or 
77 stat. 421. 
Public Law 669 of the Eighty-sixth Congress (74 Stat. 537). 
(d) The protection accorded the private bus companies under the 
provisions of the National Capital Transportation Act of 1960 (74 
Stat. 537), and particularly under section 205(a) (2) thereof, shall not 
be impaired by this Act. 
40 u s e 665. 
RELOCATION 
ASSISTANCE 
SEC. 4. The Act of October 6, 1964 (78 Stat. 1004) authorizing the 
Commissioners of the District of Columbia to provide relocation serv-
ices to individuals, families, business concerns, and nonprofit organi-
zations which may be or have been displaced from real property by 
actions of the United States or of the District of Columbia, and all 
regulations made under the authority of such Act are hereby made 
applicable to individuals, families, business concerns, and nonprofit 
organizations displaced from real property by actions of the Agency 
and the Agency shall pay the District of Columbia Relocation Assist-
ance Office for the cost 01 such relocations: Provided, That in the case 
of any such displacements from real property located in the State of 
Maryland or the Commonwealth of Virginia the Agency is authorized 
to make relocation payments directly to the displaced individual, 
family, business concern, or nonprofit organization, as the case may 
be, in accordance with the schedule of payments contained in the said 
Act of October 6, 1964, and such rules and regulations as may be 
prescribed by the Administrator. 
In the event real property is 
acquired for the Agency by another Federal agency or by any State 
or local agency or authority, the Agency is authorized to reimburse 
the acquiring agency for relocation payments made by it, up to the 
amounts specified in the aforesaid Act of October 6, 1964. 
APPROPRIATIONS 
AUTHORIZED 
SEC. 5. (a) The cost of designing, en^neering, constructing, and 
equipping the facilities authorized in section 3 hereof shall be financed 
in part by the Federal and District of Columbia Governments, as 
follows: 
(1) To finance the United States portion there is hereby authorized 
to be appropriated to the Agency not to exceed $100,000,000, which 
shall remain available until expended; 
(2) To finance the District of Columbia portion there is hereby 
authorized to be appropriated to the Agency out of the general fund 
of the District of Columbia not to exceed $50,000,000, which shall 
remain available until expended; 
(b) Subsection (b) of section 1 of the Act entitled "An Act to 
authorize the Commissioners of the District of Columbia to borrow 
49-850 0-66—45 
D.C. eode 5-
728 to 5-732. 
666 
PUBLIC L
A
W 89-173-SEPT. 8, 1965 
[79 STAT. 
funds for capital improvements programs and to amend provisions 
of law relating to Federal Grovemment participation in meeting costs 
of maintaining the Nation's Capital City", approved Jmie 6, 1958, 
220'*^'^°'^^^" 
^ amended (72 Stat. 183, 77 Stat. 130), is amended by striking 
"$175,000,000" and inserting in lieu thereof "$225,000,000"; and by 
inserting immediately before the period at the end of such subsection 
the following: ": And provided further, That $50,000,000 of the prin-
cipal amount of loans authorized to be advanced pursuant to this 
subsection shall be utilized to carry out the purposes of the National 
Capital Transportation Act of 1965". 
ANNUAL RErOK'r 
SEC. H. The Agency shall submit to the President for transmission 
to the Congress at the beginning of each regular session of the (Con-
gress an annual report of its operations under this title. 
ADVISORY BOARD 
. SEC. 7. Section 202 of the National Capital Transportation Act 
of 1960, approved July 14,1960 (74 Stat. 537), is amended by striking 
"five" from the third Ime thereof and inserting in lieu thereoi "seven"; 
by striking "three" from the fourth line and inserting in lieu thereof 
"four"; and by adding at the end of said section the following: "Pro-
vided. That if any member of the Advisory Board shall be an employee 
of the United States or the District of Columbia he shall serve without 
additional compensation." 
40 u s e 662. 
SEPARABILITY 
SEC. 8. If any part of this Act is declared unconstitutional the con-
stitutionality of no other part of the Act sliall be aft'ected thereby. 
Approved September 8, 1965.