
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1104]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                CHAPTER 22--FEDERAL TRIANGLE DEVELOPMENT
 
Sec. 1104. Construction of building


(a) Selection process

                          (1) General rule

        Upon approval of the development proposal submitted under 
    section 1103(f) of this title by resolutions adopted by the 
    Committee on Environment and Public Works of the Senate and the 
    Committee on Public Works of the House of Representatives, the 
    Corporation in accordance with its policies and procedures for a 
    development competition, shall select a person to develop the 
    Federal Triangle property.

                    (2) Consultation requirement

        In selecting a person to develop the Federal Triangle property, 
    the Corporation shall consult the Administrator and the Commission.

                           (3) Competition

        The Corporation shall conduct a competition for selection of a 
    person to develop the Federal Triangle property. Such competition 
    shall be conducted in accordance with the existing policies and 
    procedures of the Corporation for a development competition.

          (4) Prohibition on payments for bids and designs

        The Corporation may not make any payment to any person for any 
    bid or design proposal under the competition conducted under this 
    subsection.

(b) Development agreement

                       (1) Authority to enter

        The Corporation may enter into an agreement for the development 
    of the Federal Triangle property in accordance with the development 
    proposal approved under subsection (a) of this section with the 
    person selected to develop the Federal Triangle property.

                            (2) Contents

        The development agreement under paragraph (1) shall at a minimum 
    provide for the following:
            (A) The construction of a building on the Federal Triangle 
        property in accordance with the architectural plans and 
        specifications selected under the development competition.
            (B) Ownership of such property and building will be by the 
        United States; except that the person selected under subsection 
        (a) of this section may own such building for a term not to 
        exceed 35 years beginning on the date on which construction of 
        such building commences.
            (C) The Administrator to lease such building from such 
        person for the term determined under subparagraph (B).
            (D) Inspection of such building during construction by the 
        Administrator and the Corporation.

    The agreement shall include a copy of the lease agreement and 
    technical directives and specifications prepared by the 
    Administrator entered into by the Administrator and such person 
    under section 1105 of this title.

(c) Connection with rail system

    The building to be constructed under this section may be connected 
with the rapid rail system operated by the Washington Metropolitan Area 
Transit Authority via a station located on the Federal Triangle 
property. The construction cost of making such connection shall be the 
responsibility of the person selected to develop the Federal Triangle 
property. The Washington Metropolitan Transit Authority may not charge 
any fee or other amount for the connection of such building to such rail 
system.

(d) Construction standards and inspection

    The building constructed under this section shall meet all standards 
applicable to construction of a Federal building. During construction, 
the Administrator and the Corporation shall conduct periodic inspections 
of such building for the purpose of assuring that such standards are 
being met.

(e) Treatment of PADC

    For purposes of any State or local law (including laws relating to 
taxation and building permits and inspections), the Corporation with 
respect to development of the Federal Triangle property shall be treated 
as the General Services Administration is treated with respect to 
acquisition and construction of a Federal building.

(f) Applicability of certain laws

    Any person who enters into an agreement with the Corporation under 
subsection (b) of this section for development of the Federal Triangle 
property shall not, with respect to such development, be subject to any 
State or local law relating to building permits and building inspection. 
Such property and any improvements to such property shall not be subject 
to real and personal property taxation, or special assessments.

(g) Treatment of Federal Triangle development area

    For purposes of the Pennsylvania Avenue Development Corporation Act 
of 1972 [40 U.S.C. 871 et seq.] (other than section 5) [40 U.S.C. 874], 
the Federal Triangle development area shall be treated as being a part 
of the development area described in section 2(f) of such Act (40 U.S.C. 
871(f)). The Corporation shall have the same authority with respect to 
the Federal Triangle development area as it has with respect to the 
development area described in such section 2(f).

(h) Powers of Corporation

    The Corporation shall have with respect to its duties under this 
chapter any powers which the Corporation has under section 6 (other than 
paragraphs (9) and (10)) of the Pennsylvania Avenue Development 
Corporation Act of 1972 (40 U.S.C. 875) with respect to its duties under 
such Act. The Corporation may enter into agreements with any Federal 
agency or the Commission with respect to this chapter, or as permitted 
or authorized by section 1535 of title 31.

(i) Authorization of appropriation

    There is authorized to be appropriated, from the fund established by 
section 210(f) of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 490(f)), to the Administrator for transfer to the 
Corporation for carrying out this section and section 1103 of this title 
$3,700,000 for fiscal year 1988. Such sums shall remain available until 
expended.

(Pub. L. 100-113, Sec. 5, Aug. 21, 1987, 101 Stat. 738.)

                       References in Text

    The Pennsylvania Avenue Development Corporation Act of 1972, 
referred to in subsecs. (g) and (h), is Pub. L. 92-578, Oct. 27, 1972, 
86 Stat. 1266, as amended, which is classified to chapter 19 (Sec. 871 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 871 of this title and 
Tables.

                         Change of Name

    Committee on Public Works of House of Representatives changed to 
Committee on Public Works and Transportation of House of Representatives 
by House Resolution No. 988, Ninety Third Congress, Oct. 8, 1974, 
effective Jan. 3, 1975. Committee on Public Works and Transportation of 
House of Representatives treated as referring to Committee on 
Transportation and Infrastructure of House of Representatives by section 
1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 
2, The Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 1102, 1105, 1106, 1107 of 
this title.
