
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: 40USC71d]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF 
                                COLUMBIA
 
Sec. 71d. Proposed Federal and District developments and 
        projects
        

(a) Consultations between agencies and Commission; procedure

    In order to insure the comprehensive planning and orderly 
development of the National Capital, each Federal and District of 
Columbia agency prior to the preparation of construction plans 
originated by such agency for proposed developments and projects or to 
commitments for the acquisition of land, to be paid for in whole or in 
part from Federal or District funds, shall advise and consult with the 
Commission in the preparation by the agency of plans and programs in 
preliminary and successive stages which affect the plan and development 
of the National Capital: Provided, however, That 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. After receipt 
of such plans, maps, and data, it shall be the duty of the Commission to 
make promptly a preliminary report and recommendations to the agency or 
agencies concerned. If, after having received and considered the report 
and recommendations of the Commission the agency does not concur, it 
shall advise the Commission with its reasons therefor, and the 
Commission shall submit a final report. After such 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.

(b) Exceptions to consultation procedure

    The procedure prescribed in subsection (a) of this section shall 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.

(c) Approval of District Government buildings within central area; time 
        for transmittal of approval or disapproval of such buildings

    The provisions of section 16 of the Act approved June 20, 1938 [D.C. 
Code, Sec. 5-432], are extended to include public buildings erected by 
any agency of the Government of the District of Columbia within the 
boundaries of the central area of the District, as such central area may 
be defined and from time to time redefined by concurrent action of the 
Commission and the Council, except that the Commission shall transmit 
its approval or disapproval respecting any such building within thirty 
days after the day it was submitted to the Commission.

(d) Additional procedure for consultation on developments and projects 
        within environs

    Within the environs, general plans showing the location, character, 
extent 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 final 
commitment to said acquisition, unless such matters shall have been 
specifically approved by an Act of Congress. Before acting on any 
general plan, the Commission shall advise and consult with the National 
Capital Regional Planning Council and the appropriate planning agency 
having jurisdiction over the affected part of the environs. When, in the 
judgment of the Commission, proposed developments or projects submitted 
to the Commission under subsection (a) of this section involve a major 
change in the character or intensity of an existing use in the environs, 
the Commission shall likewise advise and consult with the National 
Capital Regional Planning Council and the aforesaid planning agency. The 
report and recommendations required under this subsection shall be 
submitted within sixty days and shall be accompanied by any reports or 
recommendations that may have been prepared by the National Capital 
Regional Planning Council or the aforesaid planning agency.

(e) Intent of section; interchange of plans, data, etc.

    It is the intent of this section to obtain cooperation and 
correlation of effort between the various agencies of the Federal 
Government which are responsible for public developments and projects, 
including the acquisition of land. These agencies, therefore, shall look 
to the Commission and utilize it as the central planning agency for the 
Federal activities in the National Capital region. To aid the Commission 
in carrying out this function, plans, data, and records, or copies 
thereof, necessary to the Commission shall be furnished upon its request 
by such Federal and District governmental agencies; and the Commission 
shall likewise furnish related plans, data, and records, or copies 
thereof, to Federal and District of Columbia governmental agencies upon 
request.

(June 6, 1924, ch. 270, Sec. 5, as added July 19, 1952, ch. 949, Sec. 1, 
66 Stat. 787; amended 1967 Reorg. Plan No. 3, Sec. 402(29), eff. Nov. 3, 
1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93-198, title II, 
Sec. 203(d), Dec. 24, 1973, 87 Stat. 782.)

                          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.
    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(29) 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 the definition and redefinition 
of the central area of the District of Columbia to the District of 
Columbia Council, subject to the right of the Commissioner as provided 
by section 406 of the Plan. For provisions establishing the District of 
Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967.
    Section is also set out in D.C. Code, Sec. 1-2004.


                            Prior Provisions

    Similar provisions relating to the preparation and maintenance of a 
comprehensive plan for the National Capital and its environs, and the 
cooperation between the former National Capital Park and Planning 
Commission and agencies of the Federal and District Governments were 
contained in section 71 of this title prior to amendment by act July 19, 
1952.


                               Amendments

    1973--Subsec. (c). Pub. L. 93-198, Sec. 203(d)(1), provided for 
Commission transmittal of its approval or disapproval respecting any 
building within thirty days after the day it was submitted to the 
Commission.
    Subsec. (e). Pub. L. 93-198, Sec. 203(d)(2), struck out ``of the 
foregoing provisions'' after ``intent'' and substituted ``Federal 
Government'' for ``Federal and District Governments'' in first sentence 
and substituted ``Federal activities'' for ``Federal and District 
Governments'' in second sentence.

                          Abolition of Council

    National Capital Regional Planning Council, referred to in subsec. 
(b), 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 71, 71a, 71i, 72, 72a, 136, 
616 of this title; title 49 section 49111.
