
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: 40USC71c]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF 
                                COLUMBIA
 
Sec. 71c. Comprehensive plan for the National Capital


(a) Preparation and adoption by Commission

    The Commission is hereby charged with the duty of preparing and 
adopting a comprehensive, consistent, and coordinated plan for the 
National Capital, which plan shall include the Commission's 
recommendations or proposals for Federal developments or projects in the 
environs, and those District elements, or amendments thereto, of the 
comprehensive plan adopted by the Council and with respect to which the 
Commission has not determined a negative impact to exist, which elements 
or amendments shall be incorporated into such comprehensive plan without 
change. The Commission shall collaborate with the National Capital 
Regional Planning Council in the development of those elements of the 
plan for the National Capital which should be incorporated in the 
regional plan provided for in section 71b of this title. While 
consistency between the respective proposals of the Commission and the 
National Capital Regional Planning Council shall be sought, lack of 
action or agreement by the National Capital Regional Planning Council 
shall not prevent the Commission from adopting any part of its plan or 
any recommendation or proposal for Federal developments or projects in 
the environs. The Commission may include in its plan any portion of any 
plan adopted by the National Capital Regional Planning Council or any 
planning agency in the environs and from time to time make 
recommendations of collateral interest to the National Capital Regional 
Planning Council or to the aforesaid agencies.

(b), (c) Repealed. Pub. L. 93-198, title II, Sec. 203(c)(3), Dec. 24, 
        1973, 87 Stat. 782

(d) Progressive adoption, amendment, or review

    The Commission may, as the work of preparing the comprehensive plan 
progresses, adopt any element or a part or parts thereof and from time 
to time shall review and may amend or extend the plan, in order that its 
recommendations may be kept up to date.

(e) Consultation with interested agencies; hearings; citizen advisory 
        councils

    Prior to the final adoption of the comprehensive plan or any element 
thereof, or any subsequent revision, the Commission shall present such 
plan, element, or revision to the appropriate Federal or District of 
Columbia authorities for comment and recommendations. Presentation of 
proposed revisions may at the Commission's discretion be made annually 
in a consolidated form. The said recommendations by Federal and District 
of Columbia authorities shall not be binding on the Commission, but it 
shall give careful consideration to such views and recommendations as 
are submitted prior to final adoption. The Commission may, in addition 
and at its discretion, periodically provide opportunity by public 
hearings, meetings, or conferences, exhibitions and publication of its 
plans, for review and comments by nongovernmental agencies or groups, 
and, in consultation with the Council of the District of Columbia, 
encourage the formation of one or more citizen advisory councils.
    In carrying out its planning functions with respect to Federal 
developments or projects in the environs, the Commission may act in 
conjunction and cooperation and enter into agreements with any State or 
local authority or planning agency, as the Commission may deem 
necessary, to effectuate the adoption of any plan or proposal and secure 
its realization.

(June 6, 1924, ch. 270, Sec. 4, as added July 19, 1952, ch. 949, Sec. 1, 
66 Stat. 785; amended 1967 Reorg. Plan No. 3, Sec. 402(28), eff. Nov. 3, 
1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93-198, title II Sec. 203(c), 
title IV, Sec. 401, Dec. 24, 1973, 87 Stat. 782, 785.)

                       References in Text

    Section 71b of this title, referred to in subsec. (a), was omitted 
from the Code in view of the abolition of the National Capital Regional 
Planning Council by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 
F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this 
title.

                          Codification

    The words ``National Capital Regional Planning'' were added before 
references to ``Council'' where necessary to avoid possible confusion 
between references to such Council and the District of Columbia Council.
    Section is also set out in D.C. Code, Sec. 1-2003.


                            Prior Provisions

    Provisions similar to those concerning preparation and maintenance 
of a comprehensive plan for the National Capital and its environs were 
contained in section 71 of this title prior to amendment by act July 19, 
1952.


                               Amendments

    1973--Subsec. (a), first sentence. Pub. L. 93-198, Sec. 203(c)(1), 
inserted introductory ``hereby'' and substituted ``Federal developments 
or projects in the environs, and those District elements, or amendments 
thereto, of the comprehensive plan adopted by the Council and with 
respect to which the Commission has not determined a negative impact to 
exist, which elements or amendments shall be incorporated into such 
comprehensive plan without charge'' for ``Federal and District 
developments or projects in the environs''.
    Subsec. (a), third sentence. Pub. L. 93-198, Sec. 203(c)(2), struck 
out ``within the District of Columbia'' after ``part of its plan'' and 
``or District'' from phrase ``Federal or District developments or 
projects''.
    Subsecs. (b), (c). Pub. L. 93-198, Sec. 203(c)(3), repealed 
provisions of subsec. (b) relating to contents of comprehensive plan and 
of subsec. (c) relating to generalized elements of comprehensive plan. 
See comprehensive plan provisions of section 71a(a) of this title.

                          Transfer of Functions

    ``Council of the District of Columbia'' substituted in text for 
``District of Columbia Council'' pursuant to section 401 of Pub. L. 93-
198. District of Columbia Council, as established by Reorg. Plan No. 3 
of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title 
VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 
of the District of Columbia Code, and replaced by Council of District of 
Columbia, as provided by section 401 of Pub. L. 93-198, classified to 
section 1-221 of the District of Columbia Code.
    Previously, reference to the Board of Commissioners of the District 
of Columbia had been changed to the District of Columbia Council 
pursuant to section 402(28) of Reorganization Plan No. 3 of 1967, 32 
F.R. 11669, set out in the Appendix to Title 5, Government Organization 
and Employees, which transferred the regulatory and other functions of 
the Board of Commissioners relating to consultations concerning the 
formation of one or more citizens advisory councils under subsec. (e) of 
this section to the District of Columbia Council, subject to the right 
of the Commissioner as provided by section 406 of the Plan. For 
provisions abolishing the District of Columbia Council, see section 201 
of Reorg. Plan No. 3 of 1967.

                          Abolition of Council

    National Capital Regional Planning Council, referred to in subsec. 
(a), abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 
11857, 80 Stat. 1611, set out as a note under section 71b of this title.


                               Definitions

    The definitions in section 1-202 of the District of Columbia Code 
apply to this section as amended by Pub. L. 93-198.

Ex. Ord. No. 11815. Delegation of Presidential Function of Establishing 
            Metes and Bounds of National Capital Service Area

    Ex. Ord. No. 11815, Oct. 23, 1974, 39 F.R. 37963, provided:
    By virtue of the authority vested in me by section 739(g) of the 
District of Columbia Self-Government and Governmental Reorganization Act 
(87 Stat. 828; Public Law 93-198), and as President of the United 
States, the Chairman of the National Capital Planning Commission is 
authorized and directed to exercise all authority and to carry out all 
duties vested in the President by section 739(g) of the above cited law 
with respect to establishing the metes and bounds of the National 
Capital Service Area. Prior to establishing said metes and bounds, the 
Chairman shall consult with the appropriate representative of the 
District of Columbia Government.
                                                         Gerald R. Ford.

                  Section Referred to in Other Sections

    This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 
of this title.
