US (United States) Code. Title 40. Subtitle II. Part D. Chapter 87: Physcal development of National Capital Region

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-CITE-

40 USC CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL

CAPITAL REGION 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

-HEAD-

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

8701. Findings and purposes.

8702. Definitions.

SUBCHAPTER II - PLANNING AGENCIES

8711. National Capital Planning Commission.

8712. Mayor of the District of Columbia.

SUBCHAPTER III - PLANNING PROCESS

8721. Comprehensive plan for the National Capital.

8722. Proposed federal and district developments and

projects.

8723. Capital improvements.

8724. Zoning regulations and maps.

8725. Recommendations on platting and subdividing land.

8726. Authorization of appropriations.

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

8731. Acquiring land for park, parkway, or playground

purposes.

8732. Acquiring land subject to limited rights reserved to

grantor and limited permanent rights in land

adjoining park property.

8733. Lease of land acquired for park, parkway, or

playground purposes.

8734. Sale of land by Mayor.

8735. Sale of land by Secretary of the Interior.

8736. Execution of deeds.

8737. Authorization of appropriations.

-End-

-CITE-

40 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

40 USC Sec. 8701 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 8701. Findings and purposes

-STATUTE-

(a) Findings. - Congress finds that -

(1) the location of the seat of government in the District of

Columbia has brought about the development of a metropolitan

region extending well into adjoining territory in Maryland and

Virginia;

(2) effective comprehensive planning is necessary on a regional

basis and of continuing importance to the federal establishment;

(3) the distribution of federal installations throughout the

region has been and will continue to be a major influence in

determining the extent and character of development;

(4) there is needed a central planning agency for the National

Capital region to coordinate certain developmental activities of

the many different agencies of the Federal and District of

Columbia Governments so that those activities may conform with

general objectives;

(5) there is an increasing mutuality of interest and

responsibility between the various levels of government that

calls for coordinate and unified policies in planning both

federal and local development in the interest of order and

economy;

(6) there are developmental problems of an interstate

character, the planning of which requires collaboration between

federal, state, and local governments in the interest of equity

and constructive action; and

(7) the instrumentalities and procedures provided in this

chapter will aid in providing Congress with information and

advice requisite to legislation.

(b) Purposes. -

(1) In general. - The purposes of this chapter (except sections

8733-8736) are -

(A) to secure comprehensive planning for the physical

development of the National Capital and its environs;

(B) to provide for the participation of the appropriate

planning agencies of the environs in the planning; and

(C) to establish the agency and procedures requisite to the

administration of the functions of the Federal and District

Governments related to the planning.

(2) Objective. - The general objective of this chapter (except

sections 8733-8736) is to enable appropriate agencies to plan for

the development of the federal establishment at the seat of

government in a manner -

(A) consistent with the nature and function of the National

Capital and with due regard for the rights and prerogatives of

the adjoining States and local governments to exercise control

appropriate to their functions; and

(B) which will, in accordance with present and future needs,

best promote public health, safety, morals, order, convenience,

prosperity, and the general welfare, as well as efficiency and

economy in the process of development.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1216.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8701(a) 40:71(a) (2d June 6, 1924, ch. 270, Sec.

sentence). 1(a), 43 Stat. 463; Apr. 30,

1926, ch. 198, 44 Stat. 374;

May 24, 1928, ch. 726, 45

Stat. 726; July 19, 1952,

ch. 949, Sec. 1, 66 Stat.

781.

8701(b)(1) 40:71(a) (1st

sentence).

8701(b)(2) 40:71(a) (last

sentence).

--------------------------------------------------------------------

In subsection (a)(7), the words "from time to time" are omitted

as unnecessary.

In subsection (b), the text of 40:72a, restated as section 8732

of the revised title, is included in the purposes and objectives of

this chapter because by its terms, the authority of the National

Capital Planning Commission is enlarged as provided in that

section.

-End-

-CITE-

40 USC Sec. 8702 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 8702. Definitions

-STATUTE-

In this chapter -

(1) Environs. - The term "environs" means the territory

surrounding the District of Columbia included in the National

Capital region.

(2) National capital. - The term "National Capital" means the

District of Columbia and territory the Federal Government owns in

the environs.

(3) National capital region. - The term "National Capital

region" means -

(A) the District of Columbia;

(B) Montgomery and Prince Georges Counties in Maryland;

(C) Arlington, Fairfax, Loudoun, and Prince William Counties

in Virginia; and

(D) all cities in Maryland or Virginia in the geographic area

bounded by the outer boundaries of the combined area of the

counties listed in subparagraphs (B) and (C).

(4) Planning agency. - The term "planning agency" means any

city, county, bi-county, part-county, or regional planning agency

authorized under state and local laws to make and adopt

comprehensive plans.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1216.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8702 40:71(b). June 6, 1924, ch. 270, Sec.

1(b), 43 Stat. 463; Apr. 30,

1926, ch. 198, 44 Stat. 374;

May 24, 1928, ch. 726, 45

Stat. 726; July 19, 1952,

ch. 949, Sec. 1, 66 Stat.

782.

--------------------------------------------------------------------

In clause (3)(D), the words "now or hereafter existing" are

omitted as unnecessary.

In clause (4), the words "whether or not its jurisdiction is

exclusive or concurrent" are omitted as unnecessary.

-End-

-CITE-

40 USC SUBCHAPTER II - PLANNING AGENCIES 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER II - PLANNING AGENCIES

-HEAD-

SUBCHAPTER II - PLANNING AGENCIES

-End-

-CITE-

40 USC Sec. 8711 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER II - PLANNING AGENCIES

-HEAD-

Sec. 8711. National Capital Planning Commission

-STATUTE-

(a) Establishment and Purpose. - The National Capital Planning

Commission is the central federal planning agency for the Federal

Government in the National Capital, created to preserve the

important historical and natural features of the National Capital,

except for the United States Capitol Buildings and Grounds (as

defined and described in sections 5101 and 5102), any extension of,

or additions to, those Buildings and Grounds, and buildings and

grounds under the care of the Architect of the Capitol.

(b) Composition. -

(1) Membership. - The National Capital Planning Commission is

composed of -

(A) ex officio, the Secretary of the Interior, the Secretary

of Defense, the Administrator of General Services, the Mayor of

the District of Columbia, the Chairman of the Council of the

District of Columbia, the chairman of the Committee on

Governmental Affairs of the Senate, and the chairman of the

Committee on Government Reform of the House of Representatives,

or an alternate any of those individuals designates; and

(B) five citizens with experience in city or regional

planning, three of whom shall be appointed by the President and

two of whom shall be appointed by the Mayor.

(2) Residency requirement. - The citizen members appointed by

the Mayor shall be residents of the District of Columbia. Of the

three appointed by the President, at least one shall be a

resident of Virginia and at least one shall be a resident of

Maryland.

(3) Terms. - An individual appointed by the President serves

for six years. An individual appointed by the Mayor serves for

four years. An individual appointed to fill a vacancy shall be

appointed only for the unexpired term of the individual being

replaced.

(4) Pay and expenses. - Citizen members are entitled to $100 a

day when performing duties vested in the Commission and to

reimbursement for necessary expenses incurred in performing those

duties.

(c) Chairman and Officers. - The President shall designate the

Chairman of the National Capital Planning Commission. The

Commission may elect from among its members other officers as it

considers desirable.

(d) Personnel. - The National Capital Planning Commission may

employ a Director, an executive officer, and other technical and

administrative personnel as it considers necessary. Without regard

to section 3709 of the Revised Statues (41 U.S.C. 5) and section

3109, chapters 33 and 51, and subchapter III of chapter 53, of

title 5, the Commission may employ, by contract or otherwise, the

temporary or intermittent (not more than one year) services of city

planners, architects, engineers, appraisers, and other experts or

organizations of experts, as may be necessary to carry out its

functions. The Commission shall fix the rate of compensation so as

not to exceed the rate usual for similar services.

(e) Principal Duties. - The principal duties of the National

Capital Planning Commission include -

(1) preparing, adopting, and amending a comprehensive plan for

the federal activities in the National Capital and making related

recommendations to the appropriate developmental agencies; and

(2) serving as the central planning agency for the Government

within the National Capital region and reviewing the development

programs of the developmental agencies to advise as to

consistency with the comprehensive plan.

(f) Transfer of Other Functions, Powers, and Duties. - The

National Capital Planning Commission shall carry out all other

functions, powers, and duties of the National Capital Park and

Planning Commission, including those formerly vested in the Highway

Commission established by the Act of March 2, 1893 (ch. 197, 27

Stat. 532), and those formerly vested in the National Capital Park

Commission by the Act of June 6, 1924 (ch. 270, 43 Stat. 463).

(g) Estimate. - The National Capital Planning Commission shall

submit to the Office of Management and Budget before December 16 of

each year its estimate of the total amount to be appropriated for

expenditure under this chapter (except sections 8732-8736) during

the next fiscal year.

(h) Fees. - The National Capital Planning Commission may charge

fees to cover the full cost of Geographic Information System

products and services the Commission supplies. The fees shall be

credited to the applicable appropriation account as an offsetting

collection and remain available until expended.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1217.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8711(a) 40:71a(a)(1). June 6, 1924, ch. 270, Sec.

2(a)(1), (b), (c), (e), as

added July 19, 1952, ch.

949, Sec. 1, 66 Stat. 782;

Sept. 25, 1962, Pub. L.

87-683, 76 Stat. 575; Dec.

24, 1973, Pub. L. 93-198,

title II, Sec. 203(a), (b),

87 Stat. 779, 782.

8711(b) 40:71a(b).

8711(c), 40:71a(c).

(d)

8711(e) 40:71a(e).

8711(f) 40:71h. June 6, 1924, ch. 270, Sec.

9, as added July 19, 1952,

ch. 949, Sec. 1, 66 Stat.

790.

8711(g) 40:74. June 6, 1924, ch. 270, Sec.

13, formerly Sec. 4, 43

Stat. 464; renumbered Sec.

13, July 19, 1952, ch. 949,

Sec. 2 (1st sentence), 66

Stat. 791; Pub. L. 94-273,

Sec. 21, Apr. 21, 1976, 90

Stat. 379.

8711(h) 40:71a note. Pub. L. 105-83, (last

proviso in par. under

heading "National Capital

Planning Commission"), Nov.

14, 1997, 111 Stat. 1589.

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In this chapter, the word "Mayor" is substituted for

"Commissioners" [meaning the Board of Commissioners of the District

of Columbia] [subsequently changed to "Commissioner" [meaning the

Commissioner of the District of Columbia] because of section 401 of

Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.

951)] because of section 421 of the District of Columbia Home Rule

Act (Public Law 93-198, 87 Stat. 789). The words "Council of the

District of Columbia" are substituted for "Board of Commissioners

of the District of Columbia" [subsequently changed to "District of

Columbia Council" because of section 402(21), (28), (32), and (199)

of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.

952, 953, 963)] because of sections 401 and 404(a) of the Act (87

Stat. 785, 787).

In subsection (b)(1)(A), the words "the Chairman of the Committee

on Governmental Affairs of the Senate, and the Chairman of the

Committee on Government Reform of the House of Representatives" are

substituted for "and the chairman of the Committees of the District

of Columbia of the Senate and the House of Representatives" in

section 2(b)(1) of the Act of June 24, 1924 (ch. 270), because of

Rule XXV of the Standing Rules of the Senate, as amended by Senate

Resolution 4 (popularly cited as the "Committee System

Reorganization Amendments of 1977"), approved February 4, 1977,

section 1(b)(1) of the Act of June 3, 1995 (Public Law 104-14, 2:21

note prec.), and Rule X(1)(h) of House Resolution No. 5 (105th

Congress, January 6, 1999).

In subsection (b)(2), the words "bona fide" are omitted as

unnecessary.

In subsection (b)(3), the words "except that of the members first

appointed, the President shall designate one to serve two years and

one to serve four years" and "The members first appointed under

this section shall assume their office on January 2, 1975" are

omitted as obsolete.

In subsection (b)(4), the words "are entitled to $100 a day when

performing duties" are substituted for "shall each receive

compensation at the rate of $100 for each day such member is

engaged in the actual performance of duties" to eliminate

unnecessary words.

In subsection (d), the words "chapters 33 and 51, and subchapter

III of chapter 53" are substituted for "the civil service and

classification laws" because of section 7(b) of the Act of

September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first

section of which enacted Title 5, United States Code.

In subsection (e), before clause (1), the words "As hereinafter

more specifically described in sections 71c to 71g of this title"

are omitted as unnecessary. The text of 40:71a(e)(3) is omitted as

obsolete because the National Capital Regional Planning Council was

abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff.

Sept. 8, 1966, 40:71b note). In clause (2), the words "in such

capacity" are omitted as unnecessary.

Subsection (f) is substituted for 40:71h to eliminate obsolete

language.

In subsection (g), the words "Said Commission shall report to

Congress annually on the first Monday of March the lands acquired

during the preceding fiscal year, the method of acquisition, and

the cost of each tract" are omitted pursuant to section 3003 of the

Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113

note). See, also, page 180 of House Document No. 103-7. The words

"Office of Management and Budget" are substituted for "Bureau of

the Budget" in section 13 of the Act of June 6, 1924, because the

Bureau of the Budget was redesignated the Office of Management and

Budget by section 102 of Reorganization Plan No. 2 of 1970 (eff.

July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan

No. 2 of 1970 was repealed by section 5(b) of the Act of September

13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of

which enacted Title 31, United States Code, but the successor

provision, 31:501, continued the designation as Office of

Management and Budget.

In subsection (h), the words "beginning in fiscal year 1998 and

thereafter" are omitted as obsolete.

-REFTEXT-

REFERENCES IN TEXT

Act of March 2, 1893, referred to in subsec. (f), is act Mar. 2,

1893, ch. 197, 27 Stat. 532, as amended, which is not classified to

the Code.

Act of June 6, 1924, referred to in subsec. (f), is act June 6,

1924, ch. 270, 43 Stat. 463, as amended, which enacted sections 71

to 71i, 72, 73, and 74 of former Title 40, Public Buildings,

Property, and Works. Sections 71, 71a, 71c, 71d, 71f to 71i, 72,

73, and 74 of former Title 40 were repealed and reenacted as

sections 8701, 8702, 8711, 8721 to 8724, 8731, and 8737 of this

title by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.

1062, 1304. Section 71b of former Title 40 was repealed by Pub. L.

107-217. Section 71e of former Title 40 was repealed by Pub. L.

93-198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782. For

complete classification of this Act to the Code, see Tables.

-End-

-CITE-

40 USC Sec. 8712 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER II - PLANNING AGENCIES

-HEAD-

Sec. 8712. Mayor of the District of Columbia

-STATUTE-

(a) Planning Responsibilities. - The Mayor of the District of

Columbia is the central planning agency for the government of the

District of Columbia in the National Capital and is responsible for

coordinating the planning activities of the District government and

for preparing and implementing the District elements of the

comprehensive plan for the National Capital, which may include land

use elements, urban renewal and redevelopment elements, a multiyear

program of public works for the District, and physical, social,

economic, transportation, and population elements. The Mayor's

planning responsibility shall not extend to -

(1) federal or international projects and developments in the

District, as determined by the National Capital Planning

Commission; or

(2) the United States Capitol Buildings and Grounds as defined

and described in sections 5101 and 5102, any extension of, or

additions to, those Buildings and Grounds, and buildings and

grounds under the care of the Architect of the Capitol.

(b) Participation and Consultation. - In carrying out the

responsibilities under this section and section 8721 of this title,

the Mayor shall establish procedures for citizen participation in

the planning process and for appropriate meaningful consultation

with any state or local government or planning agency in the

National Capital region affected by any aspect of a comprehensive

plan, including amendments, affecting or relating to the District.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1218.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8712 40:71a(a)(2). June 6, 1924, ch. 270, Sec.

2(a)(2), as added July 19,

1952, ch. 949, Sec. 1, 66

Stat. 782; Pub. L. 93-198,

title II, Sec. 203(a), Dec.

24, 1973, 87 Stat. 779.

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-End-

-CITE-

40 USC SUBCHAPTER III - PLANNING PROCESS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER III - PLANNING PROCESS

-HEAD-

SUBCHAPTER III - PLANNING PROCESS

-End-

-CITE-

40 USC Sec. 8721 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER III - PLANNING PROCESS

-HEAD-

Sec. 8721. Comprehensive plan for the National Capital

-STATUTE-

(a) Preparation and Adoption by Commission. - The National

Capital Planning Commission shall prepare and adopt a

comprehensive, consistent, and coordinated plan for the National

Capital. The plan shall include the Commission's recommendations or

proposals for federal developments or projects in the environs and

District elements of the comprehensive plan, or amendments to the

elements, adopted by the Council of the District of Columbia and

with respect to which the Commission has not determined a negative

impact exists. Those elements or amendments shall be incorporated

into the comprehensive plan without change. The Commission may

include in its plan any part of a plan adopted by any planning

agency in the environs and may make recommendations of collateral

interest to the agencies. The Commission may adopt any part of an

element. The Commission shall review and may amend or extend the

plan so that its recommendations may be kept up to date.

(b) Review by District of Columbia. - The Mayor of the District

of Columbia shall submit each District element of the comprehensive

plan, and any amendment, to the Council for revision or

modification, and adoption, by act, following public hearings.

Following adoption and prior to implementation, the Council shall

submit each element or amendment to the Commission for review and

comment with regard to the impact of the element or amendment on

the interests or functions of the federal establishment in the

National Capital.

(c) Commission Response to Council Action. -

(1) Period of review. - Within 60 days after receiving an

element or amendment from the Council, the Commission shall

certify to the Council whether the element or amendment has a

negative impact on the interests or functions of the federal

establishment in the National Capital.

(2) No negative impact. - If the Commission takes no action in

the 60-day period, the element or amendment is deemed to have no

negative impact and shall be incorporated into the comprehensive

plan for the National Capital and implemented.

(3) Negative impact. -

(A) Certification to council. - If the Commission finds a

negative impact, it shall certify its findings and

recommendations to the Council.

(B) Response of council. - On receipt of the Commission's

findings and recommendations, the Council may -

(i) accept the findings and recommendations and modify the

element or amendment accordingly; or

(ii) reject the findings and recommendations and resubmit a

modified form of the element or amendment to the Commission

for reconsideration.

(C) Findings and recommendations accepted. - If the Council

accepts the findings and recommendations and modifies the

element or amendment, the Council shall submit the element or

amendment to the Commission for the Commission to determine

whether the modification has been made in accordance with the

Commission's findings and recommendations. If the Commission

does not act on the modified element or amendment within 30

days after receiving it, the element or amendment is deemed to

have been modified in accordance with the findings and

recommendations and shall be incorporated into the

comprehensive plan for the National Capital and implemented. If

within the 30-day period the Commission again determines the

element or amendment has a negative impact on the functions or

interests of the federal establishment in the National Capital,

the element or amendment shall not be implemented.

(D) Findings and recommendations rejected. - If the Council

rejects the findings and recommendations and resubmits a

modified element or amendment, the Commission, within 60 days

after receiving it, shall decide whether the modified element

or amendment has a negative impact on the interests or

functions of the federal establishment within the National

Capital. If the Commission does not act within the 60-day

period, the modified element or amendment is deemed to have no

negative impact and shall be incorporated into the

comprehensive plan and implemented. If the Commission finds a

negative impact, it shall certify its findings (in sufficient

detail that the Council can understand the basis of the

objection of the Commission) and recommendations to the Council

and the element or amendment shall not be implemented.

(d) Resubmission Deemed New Element or Amendment. - Any element

or amendment which the Commission has determined has a negative

impact on the federal establishment in the National Capital which

is submitted again in a modified form not less than one year from

the day it was last rejected by the Commission is deemed to be a

new element or amendment for purposes of the review procedure

specified in this section.

(e) Review, Hearings, and Citizen Advisory Councils. -

(1) Review. - Before the comprehensive plan, any element of the

plan, or any revision is adopted, the Commission shall present

the plan, element, or revision to the appropriate federal or

District of Columbia authorities for comment and recommendations.

The Commission may present the proposed revisions annually in a

consolidated form. Recommendations by federal and District of

Columbia authorities are not binding on the Commission, but the

Commission shall give careful consideration to any views and

recommendations submitted prior to final adoption.

(2) Hearings and citizen advisory councils. - The Commission -

(A) may provide periodic opportunity for review and comments

by nongovernmental agencies or groups through public hearings,

meetings, or conferences, exhibitions, and publication of its

plans; and

(B) in consultation with the Council, may encourage the

formation of citizen advisory councils.

(f) Extension of Time Limitations. - On request of the

Commission, the Council may grant an extension of any time

limitation contained in this section.

(g) Publishing Comprehensive Plan. - As appropriate, the

Commission and the Mayor jointly shall publish a comprehensive plan

for the National Capital, consisting of the elements of the

comprehensive plan for the federal activities in the National

Capital developed by the Commission and the District elements

developed by the Mayor and the Council in accordance with this

section.

(h) Procedures for Consultation. -

(1) Commission and mayor. - The Commission and the Mayor

jointly shall establish procedures for appropriate meaningful

continuing consultation throughout the planning process for the

National Capital.

(2) Government agencies. - In order that the National Capital

may be developed in accordance with the comprehensive plan, the

Commission, with the consent of each agency concerned as to its

representation, may establish advisory and coordinating

committees composed of representatives of agencies of the Federal

and District of Columbia Governments as may be necessary or

helpful to obtain the maximum amount of cooperation and

correlation of effort among the various agencies. As it considers

appropriate, the Commission may invite representatives of the

planning and developmental agencies of the environs to

participate in the work of the committees.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1219.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8721(a) 40:71c(a), (d). June 6, 1924, ch. 270, Sec.

4(a), (d), (e) (1st par.),

as added July 19, 1952, ch.

949, Sec. 1, 66 Stat. 785,

787; Pub. L. 93-198, title

II Sec. 203(c)(1), (2), Dec.

24, 1973, 87 Stat. 782.

8721(b) 40:71a(a)(3). June 6, 1924, ch. 270, Sec.

2(a)(3), (4), as added July

19, 1952, ch. 949, Sec. 1,

66 Stat. 782; Pub. L.

93-198, title II, Sec.

203(a), Dec. 24, 1973, 87

Stat. 779.

8721(c), 40:71a(a)(4)(A)-(C).

(d)

8721(e) 40:71c(e) (1st

par.).

8721(f) 40:71a(a)(4)(E).

8721(g) 40:71a(a)(4)(D).

8721(h)(1) 40:71a(a)(4)(F).

8721(h)(2) 40:71a(d). June 6, 1924, ch. 270, Sec.

2(d), as added July 19,

1952, ch. 949, Sec. 1, 66

Stat. 783.

--------------------------------------------------------------------

In subsection (a), the text of 40:71c(a) (2d, 3d sentences) and

reference to the National Capital Regional Planning Council are

omitted as obsolete because the Council was abolished by section 1

of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b

note). The words "from time to time" are omitted as unnecessary.

In subsection (e)(2), before clause (A), the words "in addition

and at its discretion" are omitted as unnecessary.

In subsection (g), the words "from time to time" are omitted as

unnecessary.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8712 of this title.

-End-

-CITE-

40 USC Sec. 8722 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER III - PLANNING PROCESS

-HEAD-

Sec. 8722. Proposed federal and district developments and projects

-STATUTE-

(a) Agencies To Use Commission as Central Planning Agency. -

Agencies of the Federal Government responsible for public

developments and projects shall cooperate and correlate their

efforts by using the National Capital Planning Commission as the

central planning agency for federal activities in the National

Capital region. To aid the Commission in carrying out this

function, federal and District of Columbia governmental agencies on

request of the Commission shall furnish plans, data, and records

the Commission requires. The Commission on request shall furnish

related plans, data, and records to federal and District of

Columbia governmental agencies.

(b) Consultation Between Agencies and Commission. -

(1) Before construction plans prepared. - To ensure the

comprehensive planning and orderly development of the National

Capital, a federal or District of Columbia agency, before

preparing construction plans the agency originates for proposed

developments and projects or before making a commitment to

acquire land, to be paid for at least in part from federal or

District amounts, shall advise and consult with the Commission as

the agency prepares plans and programs in preliminary and

successive stages that affect the plan and development of the

National Capital. After receiving the plans, maps, and data, the

Commission promptly shall make a preliminary report and

recommendations to the agency. If the agency, after considering

the report and recommendations of the Commission, does not agree,

it shall advise the Commission and provide the reasons why it

does not agree. The Commission then shall submit a final report.

After consultation and suitable consideration of the views of the

Commission, the agency may proceed to take action in accordance

with its legal responsibilities and authority.

(2) Exceptions. -

(A) In general. - Paragraph (1) does not apply to projects

within the Capitol grounds or to structures erected by the

Department of Defense during wartime or national emergency

within existing military, naval, or Air Force reservations,

except that the appropriate defense agency shall consult with

the Commission as to any developments which materially affect

traffic or require coordinated planning of the surrounding

area.

(B) Advance decisions of commission. - The Commission shall

determine in advance the type or kinds of plans, developments,

projects, improvements, or acquisitions which do not need to be

submitted for review by the Commission as to conformity with

its plans.

(c) Additional Procedure for Developments and Projects Within

Environs. -

(1) Submission to commission. - Within the environs, general

plans showing the location, character, and extent of, and

intensity of use for, proposed federal and District developments

and projects involving the acquisition of land shall be submitted

to the Commission for report and recommendations before a final

commitment to the acquisition is made, unless the matter

specifically has been approved by law.

(2) Commission action. - Before acting on any general plan, the

Commission shall advise and consult with the appropriate planning

agency having jurisdiction over the affected part of the

environs. When the Commission decides that proposed developments

or projects submitted to the Commission under subsection (b)

involve a major change in the character or intensity of an

existing use in the environs, the Commission shall advise and

consult with the planning agency. The report and recommendations

shall be submitted within 60 days and shall be accompanied by any

reports or recommendations of the planning agency.

(3) Working with state or local authority or agency. - In

carrying out its planning functions with respect to federal

developments or projects in the environs, the Commission may work

with, and make agreements with, any state or local authority or

planning agency as the Commission considers necessary to have a

plan or proposal adopted and carried out.

(d) Approval of Federal Public Buildings. - The provisions of the

Act of June 20, 1938 (ch. 534, 52 Stat. 802) shall not apply to

federal public buildings. In order to ensure the orderly

development of the National Capital, the location, height, bulk,

number of stories, and size of federal public buildings in the

District of Columbia and the provision for open space in and around

federal public buildings in the District of Columbia is subject to

the approval of the Commission.

(e) Approval of District Government Buildings in Central Area. -

Subsection (d) is extended to include public buildings erected by

any agency of the Government of the District of Columbia in the

central area of the District (as defined by concurrent action of

the Commission and the Council of the District of Columbia), except

that the Commission shall transmit its approval or disapproval

within 30 days after the day the proposal was submitted to the

Commission.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1221.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8722(a) 40:71d(e). June 6, 1924, ch. 270, Sec.

5, as added July 19, 1952,

ch. 949, Sec. 1, 66 Stat.

787; Pub. L. 93-198, title

II, Sec. 203(d), Dec. 24,

1973, 87 Stat. 782.

8722(b)(1) 40:71d(a) (1st

sentence words

before proviso,

2d-last sentences).

8722(b)(2)( 40:71d(b).

A)

8722(b)(2)( 40:71d(a) (1st

B) sentence proviso).

8722(c)( 40:71d(d).

1), (2)

8722(c)(3) 40:71c(e) (last June 6, 1924, ch. 270, Sec.

par.). 4(e) (last par.), as added

July 19, 1952, ch. 949, Sec.

1, 66 Stat. 787.

8722(d) (uncodified). June 20, 1938, ch. 534, Sec.

16, 52 Stat. 802.

8722(e) 40:71d(c).

--------------------------------------------------------------------

In subsection (a), the words "including the acquisition of land"

are omitted as unnecessary.

In subsection (b)(1), the words "received and" are omitted as

unnecessary.

In subsection (c)(2), reference to the National Capital Regional

Planning Council is omitted as obsolete because the Council was

abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff.

Sept. 8, 1966, 40:71b note).

In subsection (c)(3), the word "work" is substituted for "act in

conjunction and cooperation" to eliminate unnecessary words.

In subsection (d), the word "Commission" [meaning the National

Capital Planning Commission] is substituted for "National Capital

Park and Planning Commission" because of section 9 of the Act of

June 6, 1924 (ch. 270), as added by section 1 of the Act of July

19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the

revised title.

In subsection (e), the words "the boundaries of" and "and from

time to time redefined" are omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

The Act of June 20, 1938, referred to in subsec. (d), is act June

20, 1938, ch. 534, 52 Stat. 797, as amended. While the Act was not

classified to the Code, section 16 of the Act was repealed and

reenacted as subsec. (d) of this section by Pub. L. 107-217, Secs.

1, 6, Aug. 21, 2002, 116 Stat. 1062, 1304. See Historical and

Revision Notes above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6715 of this title.

-End-

-CITE-

40 USC Sec. 8723 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER III - PLANNING PROCESS

-HEAD-

Sec. 8723. Capital improvements

-STATUTE-

(a) Six-Year Program of Public Works Projects. - The National

Capital Planning Commission shall recommend a six-year program of

public works projects for the Federal Government which the

Commission shall review annually with the agencies concerned. Each

federal agency shall submit to the Commission in the first quarter

of each fiscal year a copy of its advance program of capital

improvements within the National Capital and its environs.

(b) Submission of Multiyear Capital Improvement Plan. - By

February 1 of each year, the Mayor of the District of Columbia

shall submit to the Commission a copy of the multiyear capital

improvements plan for the District of Columbia that the Mayor

develops under section 444 of the District of Columbia Home Rule

Act (Public Law 93-198, 87 Stat. 800). The Commission has 30 days

in which to comment on the plan but may not change or disapprove of

the plan.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1223.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8723 40:71f. June 6, 1924, ch. 270, Sec.

7, as added July 19, 1952,

ch. 949, Sec. 1, 66 Stat.

789; Pub. L. 93-198, title

II, Sec. 203(f), Dec. 24,

1973, 87 Stat. 782.

--------------------------------------------------------------------

In subsection (b), the words "District of Columbia Home Rule Act"

are substituted for "District of Columbia of Columbia

Self-Government and Governmental Reorganization Act" because of

section 11717(b) of the Balanced Budget Act of 1997 (Public Law

105-33, 111 Stat. 786).

-REFTEXT-

REFERENCES IN TEXT

Section 444 of the District of Columbia Home Rule Act, referred

to in subsec. (b), is section 444 of Pub. L. 93-198, title IV, Dec.

24, 1973, 87 Stat. 800, as amended, which is not classified to the

Code.

-End-

-CITE-

40 USC Sec. 8724 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER III - PLANNING PROCESS

-HEAD-

Sec. 8724. Zoning regulations and maps

-STATUTE-

(a) Amendments of Zoning Regulations and Maps. - The National

Capital Planning Commission may make a report and recommendation to

the Zoning Commission of the District of Columbia, as provided in

section 5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on

the relation, conformity, or consistency of proposed amendments of

the zoning regulations and maps with the comprehensive plan for the

National Capital. The Planning Commission may also submit to the

Zoning Commission proposed amendments or general revisions to the

zoning regulations or the zoning map for the District of Columbia.

(b) Additional Report by Planning Commission. - When requested by

an authorized representative of the Planning Commission, the Zoning

Commission may recess for a reasonable period of time any public

hearing it is holding to consider a proposed amendment to the

zoning regulations or map so that the Planning Commission may have

an opportunity to present to the Zoning Commission an additional

report on the proposed amendment.

(c) Zoning Committee of National Capital Planning Commission. -

(1) Establishment and composition. - There is a Zoning

Committee of the National Capital Planning Commission. The

Committee consists of at least three members of the Planning

Commission the Planning Commission designates for that purpose.

The number of members serving on the Committee may vary.

(2) Duties. - The Committee shall carry out the functions

vested in the Planning Commission under this section and section

8725 of this title -

(A) to the extent the Planning Commission decides; and

(B) when requested by the Zoning Commission and approved by

the Planning Commission.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1223.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8724(a) 40:71g(a). June 6, 1924, ch. 270, Sec.

8(a)-(c), as added July 19,

1952, ch. 949, Sec. 1, 66

Stat. 790; Pub. L. 93-198,

title II, Sec. 203(g), Dec.

24, 1973, 87 Stat. 783.

8724(b) 40:71g(b).

8724(c) 40:71g(c).

--------------------------------------------------------------------

In subsection (a), the words "Act of June 20, 1938" are

substituted for "Act of March 1, 1920" to correct an error in the

law.

In subsection (b), the words "properly", "at its discretion", and

"or its representative" are omitted as unnecessary.

In subsection (c)(1), the words "from time to time" are omitted

as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Act of June 20, 1938, referred to in subsec.

(a), is section 5 of act June 20, 1938, ch. 534, 52 Stat. 798,

which is not classified to the Code.

-End-

-CITE-

40 USC Sec. 8725 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER III - PLANNING PROCESS

-HEAD-

Sec. 8725. Recommendations on platting and subdividing land

-STATUTE-

(a) By Council of the District of Columbia. - The Council of the

District of Columbia shall submit any proposed change in, or

addition to, the regulations or general orders regulating the

platting and subdividing of lands and grounds in the District of

Columbia to the National Capital Planning Commission for report and

recommendation before the Council adopts the change or addition.

The Council shall advise the Commission when it does not agree with

the recommendations of the Commission and shall give the reasons

why it disagrees. The Commission then shall submit a final report

within 30 days. After considering the final report, the Council may

act in accordance with its legal responsibilities and authority.

(b) By Planning Commission. - The Commission shall submit to the

Council any proposed change in, or amendment to, the general orders

that the Commission considers appropriate. The Council shall treat

the amendments proposed in the same manner as other proposed

amendments.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8725 40:71g(d). June 6, 1924, ch. 270, Sec.

8(d), as added July 19,

1952, ch. 949, Sec. 1, 66

Stat. 790.

--------------------------------------------------------------------

In subsection (b), the words "to the Council" are added for

clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8724 of this title.

-End-

-CITE-

40 USC Sec. 8726 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER III - PLANNING PROCESS

-HEAD-

Sec. 8726. Authorization of appropriations

-STATUTE-

Amounts necessary to carry out this subchapter may be

appropriated from money in the Treasury not otherwise appropriated

and from any appropriate appropriation law, except the annual

District of Columbia Appropriation Act.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8726 40:71i. June 6, 1924, ch. 270, Sec.

10, as added July 19, 1952,

ch. 949, Sec. 1, 66 Stat.

791.

--------------------------------------------------------------------

The words "any existing provisions of law to the contrary

notwithstanding" are omitted as unnecessary.

-End-

-CITE-

40 USC SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-End-

-CITE-

40 USC Sec. 8731 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

Sec. 8731. Acquiring land for park, parkway, or playground purposes

-STATUTE-

(a) Authority To Acquire Land. - The National Capitol Planning

Commission shall acquire land the Planning Commission believes is

necessary and desirable in the District of Columbia and adjacent

areas in Maryland and Virginia for suitable development of the

National Capital park, parkway, and playground system. The

acquisition must be within the limits of the appropriations made

for those purposes. The Planning Commission shall request the

advice of the Commission of Fine Arts in selecting land to be

acquired.

(b) How Land May Be Acquired. -

(1) Purchase or condemnation proceeding. - The National Capital

Planning Commission may buy land when the land can be acquired at

a price the Planning Commission considers reasonable or by a

condemnation proceeding when the land cannot be bought at a

reasonable price.

(2) Land in the district of columbia. - A condemnation

proceeding to acquire land in the District of Columbia shall be

conducted in accordance with section 1 of the Act of December 23,

1963 (Public Law 88-241, 77 Stat. 571).

(3) Land in maryland or virginia. - The Planning Commission may

acquire land in Maryland or Virginia under arrangements agreed to

by the Commission and the proper officials of Maryland or

Virginia.

(c) Control of Land. -

(1) Land in the district of columbia. - Land acquired in the

District of Columbia shall be a part of the park system of the

District of Columbia and be under the control of the Director of

the National Park Service. The National Capital Planning

Commission may assign areas suitable for playground purposes to

the control of the Mayor of the District of Columbia for

playground purposes.

(2) Land in maryland or virginia. - Land acquired in Maryland

or Virginia shall be controlled as determined by agreement

between the Planning Commission and the proper officials of

Maryland or Virginia.

(d) Presidential Approval Required. - The designation of all land

to be acquired by condemnation, all contracts to purchase land, and

all agreements between the National Capital Planning Commission and

the officials of Maryland and Virginia are subject to the approval

of the President.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8731(a) 40:72 (1st, 4th June 6, 1924, ch. 270, Sec.

sentences). 11, formerly Sec. 2, 43

Stat. 463; renumbered Sec.

11, July 19, 1952, ch. 949,

Sec. 2 (1st sentence), 66

Stat. 791.

8731(b) 40:72 (2d, 3d

sentence).

8731(c) 40:73 (3d-last June 6, 1924, ch. 270, Sec.

sentences). 12 (3d-last sentences),

formerly Sec. 3 (3d-last

sentences), 43 Stat. 463;

renumbered Sec. 12, July 19,

1952, ch. 949, Sec. 2 (1st

sentence), 66 Stat. 791.

8731(d) 40:72 (last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "or a majority thereof" are omitted

as unnecessary.

In subsection (b)(2), the words "section 1 of the Act of December

23, 1963 (Public Law 88-241, 77 Stat. 572)" are substituted for

40:72 (2d sentence words after "in accordance with") because

provisions in section 3 of the Act of August 30, 1890 (ch. 837, 26

Stat. 412), established the act as permanent and general. The act

therefore was classified to 40:120, which was superseded by the Act

of March 1, 1929 (ch. 416, 45 Stat. 1415), which was classified to

40:361 et seq. That law was repealed by section 21(b) of the Act of

December 23, 1963 (Public Law 88-241, 77 Stat. 627), with the

subject matter of those sections being restated in section 1 of

that Act.

In subsection (b)(3), the words "either by purchase or

condemnation proceedings" and "as to acquisition and payment for

the lands as it shall determine upon" are omitted as unnecessary.

In subsection (c)(1), the words "Director of the National Park

Service" are substituted for "Chief of Engineers of the United

States Army" [subsequently changed to "Director of Public Buildings

and Public Parks" by section 3 of the Act of February 26, 1925 (ch.

339, 43 Stat. 983)] because of section 1(words before 3d comma in

2d complete par. on p. 389) of the Act of March 2, 1934 (ch. 38, 48

Stat. 389).

In subsection (c)(2), the words "in Maryland or Virginia" are

substituted for "outside the District of Columbia" for clarity and

for consistency in this section. The words "such agreements to be

subject to the approval of the President" are omitted because of

40:72 (last sentence), restated as subsection (d).

-REFTEXT-

REFERENCES IN TEXT

Section 1 of the Act of December 23, 1963, referred to in subsec.

(b)(2), is section 1 of Pub. L. 88-241, Dec. 23, 1963, 77 Stat.

478, which enacted general and permanent laws relating to judiciary

and judicial procedure in the District of Columbia, and which is

not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8737 of this title.

-End-

-CITE-

40 USC Sec. 8732 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

Sec. 8732. Acquiring land subject to limited rights reserved to

grantor and limited permanent rights in land adjoining park

property

-STATUTE-

(a) In General. - The National Capital Planning Commission in

accordance with this chapter may acquire, for and on behalf of the

Federal Government, by gift, devise, purchase, or condemnation -

(1) fee title to land subject to limited rights, but not for

business purposes, reserved to the grantor; and

(2) permanent rights in land adjoining park property sufficient

to prevent the use of the land in certain specified ways which

would essentially impair the value of the park property for its

purposes.

(b) Prerequisites to Acquisition. -

(1) Fee title to land subject to limited rights. - The

reservation of rights to the grantor shall not continue beyond

the life of the grantor of the fee. The Commission must decide

that the permanent public park purposes for which control over

the land is needed are not essentially impaired by the reserved

rights and that there is a substantial saving in cost by

acquiring the land subject to the limited rights as compared with

the cost of acquiring unencumbered title to the land.

(2) Permanent rights in land adjoining park property. - The

Commission must decide that the protection and maintenance of the

essential public values of the park can be secured more

economically by acquiring the permanent rights than by acquiring

the land.

(c) Presidential Approval Required. - All contracts to acquire

land or rights under this section are subject to the approval of

the President.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1225.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8732(a) 40:72a (1st par., Dec. 22, 1928, ch. 48, Sec.

last par. less 1, 45 Stat. 1070.

provisos).

8732(b) 40:72a (last par.

1st-3d provisos).

8732(c) 40:72a (last par.

last proviso).

--------------------------------------------------------------------

In subsection (a), the text of 40:72a (1st par.) is omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8711 of this title.

-End-

-CITE-

40 USC Sec. 8733 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

Sec. 8733. Lease of land acquired for park, parkway, or playground

purposes

-STATUTE-

The Secretary of the Interior may lease, for not more than five

years, land or an existing building or structure on land acquired

for park, parkway, or playground purposes, and may renew the lease

for an additional five years. A lease or renewal under this section

is -

(1) subject to the approval of the National Capital Planning

Commission;

(2) subject to the need for the immediate use of the land,

building, or structure in other ways by the public; and

(3) on terms the Administrator decides.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1225.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8733 40:72b. Dec. 22, 1928, ch. 48, Sec.

2, 45 Stat. 1070.

--------------------------------------------------------------------

The words "Administrator of General Services" are substituted for

"Director of Public Buildings and Public Parks of the National

Capital" [subsequently changed to "Director of the National Park

Service" because of section 2 of Executive Order No. 6166 (eff.

June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389),

and "Public Buildings Administrator" because of sections 301 and

303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53

Stat. 1426, 1427)] because of section 103(a) of the Federal

Property and Administrative Services Act of 1949 (ch. 288, 63 Stat.

380), which is restated as section 303(c) [303(b)] of the revised

title. The words "National Capital Planning Commission" are

substituted for "National Capital Park and Planning Commission"

because of section 9 of the Act of June 6, 1924 (ch. 270), as added

by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790).

See section 8711(f) of the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8701, 8711 of this title.

-End-

-CITE-

40 USC Sec. 8734 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

Sec. 8734. Sale of land by Mayor

-STATUTE-

(a) Authority To Sell. - With the approval of the National

Capital Planning Commission, the Mayor of the District of Columbia,

for the best interests of the District of Columbia, may sell to the

highest bidder at public or private sale real estate in the

District of Columbia owned in fee simple by the District of

Columbia for municipal use that the Council of the District of

Columbia and the Commission find to be no longer required for

public purposes.

(b) Paying Expenses and Depositing Proceeds. - The Mayor -

(1) may pay the reasonable and necessary expenses of the sale

of each parcel of land sold; and

(2) shall deposit the net proceeds of each sale in the Treasury

to the credit of the District of Columbia.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1226.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8734(a) 40:72c. Aug. 5, 1939, ch. 449, Secs.

1, 2, 53 Stat. 1211.

8734(b) 40:72d.

--------------------------------------------------------------------

In subsection (a), the words "in his discretion", "and convey, in

whole or in part", and "now or hereafter" are omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8701, 8711 of this title.

-End-

-CITE-

40 USC Sec. 8735 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

Sec. 8735. Sale of land by Secretary of the Interior

-STATUTE-

(a) Authority To Sell. - With the approval of the National

Capital Planning Commission, the Secretary of the Interior, for the

best interests of the Federal Government, may sell, by deed or

instrument, real estate held by the Government in the District of

Columbia and under the jurisdiction of the National Park Service

which may be no longer needed for public purposes. The land may be

sold for cash or on a deferred-payment plan the Secretary approves,

at a price not less than the Government paid for it and not less

than its present appraised value as determined by the Secretary.

(b) Sale to Highest Bidder. - In selling any parcel of land under

this section, the Secretary shall have public or private

solicitation for bids or offers be made as the Secretary considers

appropriate. The Secretary shall sell the parcel to the party

agreeing to pay the highest price if the price is otherwise

satisfactory. If the price offered or bid by the owner of land

abutting the land to be sold equals the highest price offered or

bid by any other party, the parcel may be sold to the owner of the

abutting land.

(c) Paying Expenses and Depositing Proceeds. - The Secretary -

(1) may pay the reasonable and necessary expenses of the sale

of each parcel of land sold; and

(2) shall deposit the net proceeds of each sale in the Treasury

to the credit of the Government and the District of Columbia in

the proportion that each -

(A) paid the appropriations used to acquire the parcels; or

(B) was obligated to pay the appropriations, at the time of

acquisition, by reimbursement.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1226.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8735(a) 40:74a. Aug. 5, 1939, ch. 449, Secs.

4-6, 53 Stat. 1211.

8735(b) 40:74b.

8735(c) 40:74c.

--------------------------------------------------------------------

In subsection (a), the words "in his discretion", "and convey, in

whole or in part", and "proper" are omitted as unnecessary.

In subsection (b), reference to sections 72c to 72e is omitted as

unnecessary because the Secretary of the Interior does not have

authority to sell land under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8701, 8711 of this title.

-End-

-CITE-

40 USC Sec. 8736 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

Sec. 8736. Execution of deeds

-STATUTE-

The Mayor of the District of Columbia may execute deeds of

conveyance for real estate sold under this subchapter. The deeds

shall contain a full description of the land sold as required by

law.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8736 40:72e. Aug. 5, 1939, ch. 449, Sec.

3, 53 Stat. 1211.

--------------------------------------------------------------------

The word "proper" is omitted as unnecessary. The words "as

required by" are substituted for "either by metes and bounds, or

otherwise according to" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8701, 8711 of this title.

-End-

-CITE-

40 USC Sec. 8737 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-

Sec. 8737. Authorization of appropriations

-STATUTE-

An amount equal to not more than one cent for each inhabitant of

the continental United States as determined by the last preceding

decennial census may be appropriated each year in the District of

Columbia Appropriation Act for the National Capital Planning

Commission to use for the payment of its expenses and for the

acquisition of land the Commission may acquire under section 8731

of this title for the purposes named, including compensation for

the land, surveys, ascertainment of title, condemnation

proceedings, and necessary conveyancing. The appropriated amounts

shall be paid from the revenues of the District of Columbia and the

general amounts of the Treasury in the same proportion as other

expenses of the District of Columbia.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8737 40:73 (1st, 2d June 6, 1924, ch. 270, Sec.

sentences). 12 (1st, 2d sentences),

formerly Sec. 3 (1st, 2d

sentences), 43 Stat. 463;

renumbered Sec. 12, July 19,

1952, ch. 949, Sec. 2 (1st

sentence), 66 Stat. 791.

--------------------------------------------------------------------

-End-