
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: 40USC874]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
   CHAPTER 19--CAPITOL AND WHITE HOUSE-PENNSYLVANIA AVENUE DEVELOPMENT
 
Sec. 874. Development plan


(a) Contents

    The development plan for the development area shall include, but not 
be limited to: (1) the types of uses, both public and private, to be 
permitted; (2) criteria for the design and appearance of buildings, 
facilities, open spaces, and other improvements; (3) an estimate of the 
current values of all properties to be acquired; (4) an estimate of the 
relocation costs which would be incurred in carrying out the provisions 
of section 877 of this title; (5) an estimate of the cost of land 
preparation for all properties to be acquired; (6) an estimate of the 
reuse values of the properties to be acquired; (7) a program for the 
staging of a proposed development, including a detailed description of 
the portion of the program to be scheduled for completion by 1976; (8) a 
determination of the marketability of such development; (9) an estimate 
of the development costs, both public and private; (10) a thorough study 
of the economic impact of such development, including the impact on the 
local tax base, the metropolitan area as a whole, and the existing 
business activities within the development area; and (11) the procedures 
(including both interim and long-term arrangements) to be used in 
carrying out and insuring continuing conformance to the development 
plan.

(b) Cooperation in preparation

    The development plan provided for in subsection (a) of this section 
shall be prepared with the cooperation of the Department of the 
Interior, the General Services Administration, and the District of 
Columbia government with the maximum feasible use of their staffs and 
other resources on a reimbursable basis by the Corporation.

(c) Submittal to Secretary of the Interior and Mayor of District of 
        Columbia; public hearings

    After the development plan has been completed and approved by the 
Board of Directors of the Corporation, it shall be submitted to the 
Secretary of the Interior and the Mayor of the District of Columbia. The 
Secretary of the Interior, within ninety days, shall notify the 
Corporation of his approval or recommended modifications from the 
standpoint of the compatibility of the plan with his responsibilities 
for the administration, protection, and development of the areas within 
the Pennsylvania Avenue National Historic Site. The Mayor of the 
District of Columbia, within ninety days, shall consult with the 
National Capital Planning Commission, shall hold public hearings on the 
plan, and shall notify the Corporation of his approval or recommended 
modifications: Provided, That in the event that the Secretary of the 
Interior or the Mayor of the District of Columbia has not notified the 
Corporation of his approval or recommended modifications of the plan 
within ninety days after the date of submission, he shall be deemed to 
have approved the plan.

(d) Transmittal to Congress

    In the event the Secretary of the Interior or the Mayor of the 
District of Columbia has recommended modifications of the plan, the 
Corporation within one hundred and twenty days of the original 
submission of the plan shall consult with them regarding such 
modifications and shall prepare a development plan which shall be 
transmitted to the President of the Senate and the Speaker of the House 
of Representatives.
    If the Secretary of the Interior or the Mayor of the District of 
Columbia has not approved the development plan, the transmittal shall 
include a specification of the areas of difference, the modifications 
suggested by the Secretary of the Interior or the Mayor of the District 
of Columbia and the views of the Corporation thereon. Following the 
expiration of sixty legislative days after the date of such transmittal, 
the Corporation may proceed with the execution and implementation of the 
plan unless between the date of transmittal and the end of the sixty 
legislative day period, either the Senate or the House of 
Representatives passes a resolution in opposition to the development 
plan.

(e) Alteration, revision, or amendment

    (1) Activities under the development plan shall be carried out in 
accordance with the approved development plan.
    (2) The Corporation may alter, revise, or amend the plan, but any 
such alteration, revision, or amendment which is a substantial change 
from the approved development plan shall take effect only upon 
compliance with the procedures set forth in subsections (c) and (d) of 
this section. For the purposes of this subsection, the term 
``substantial change'' shall mean one involving a major alteration in 
the character or intensity of an existing or proposed use in the 
development area which in the opinion of the Corporation causes an 
increase or decrease of 10 per centum or more of the dollar amount of 
the estimate prepared in accordance with subsection (a)(9) of this 
section, or one which, in the opinion of the Secretary of the Interior, 
affects his responsibilities for the administration, protection, and 
development of the areas within the Pennsylvania Avenue National 
Historic Site.
    (3) Any alteration, revision, or amendment of the plan and any other 
action taken by the Corporation which is not a substantial change in the 
plan within the meaning of paragraph (2) but--
        (A) which is a significant change in the plan, or which is 
    another significant action taken by the Corporation, and
        (B) which relates to housing, any major structure, historic 
    preservation, parks, office space, or retail uses, within the 
    development area

shall not take effect until thirty days after notice of such change or 
other action has been submitted to the Committee on Natural Resources of 
the United States House of Representatives and to the Committee on 
Energy and Natural Resources of the United States Senate, unless prior 
to the expiration of such thirty-day period each of such committees 
notifies the Corporation in writing that the committee does not object 
to such change or other action. Such notice to the committees shall 
include an explanation of the reasons why the change or other action is 
proposed and a summary of any recommendations received by the 
Corporation from the Secretary of the Interior, the Mayor of the 
District of Columbia, or from any other interested agency, organization, 
or individual.

(f) Utilization of other governmental services and facilities

    To avoid duplication and unnecessary expense the Corporation shall, 
to the maximum feasible extent in conducting its operations, utilize the 
services and facilities of other agencies, including the Department of 
the Interior, General Services Administration, the National Capital 
Planning Commission, and the District of Columbia government.

(Pub. L. 92-578, Sec. 5, Oct. 27, 1972, 86 Stat. 1269; Pub. L. 95-629, 
title I, Sec. 101(1)(a), (e), Nov. 10, 1978, 92 Stat. 3635; Pub. L. 98-
141, Sec. 8(b), (c)(2), (3), Oct. 31, 1983, 97 Stat. 910; Pub. L. 103-
437, Sec. 14(d), Nov. 2, 1994, 108 Stat. 4591.)


                               Amendments

    1994--Subsec. (e)(3). Pub. L. 103-437 substituted ``Natural 
Resources'' for ``Interior and Insular Affairs'' before ``of the United 
States House'' in concluding provisions.
    1983--Subsec. (a)(10). Pub. L. 98-141, Sec. 8(c)(2), inserted ``a'' 
before ``whole, and the existing business''.
    Subsec. (b). Pub. L. 98-141, Sec. 8(c)(3), substituted 
``cooperation'' for ``Cooperation''.
    Subsec. (e). Pub. L. 98-141, Sec. 8(b), designated first sentence of 
existing provisions as par. (1), designated second and succeeding 
sentences of existing provisions as par. (2), and added par. (3).
    1978--Subsecs. (c), (d). Pub. L. 95-629, Sec. 101(1)(a), substituted 
``Mayor of the District of Columbia'' for ``Commissioner of the District 
of Columbia'' wherever appearing.
    Subsec. (f). Pub. L. 95-629, Sec. 101(1)(e), struck out reference to 
the District of Columbia Redevelopment Land Agency following reference 
to the District of Columbia government.

                         Change of Name

    Committee on Natural Resources of House of Representatives treated 
as referring to Committee on Resources 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.


  Review of Portions of Pennsylvania Avenue Development Area Not Under 
Development for Preservation of Historic Values of Such Area; Report to 
                                Congress

    Pub. L. 96-515, title V, Sec. 505, Dec. 12, 1980, 94 Stat. 3005, 
provided that the Pennsylvania Avenue Development Corporation review the 
development plan for those parts of the development area not under 
development or committed for development as of Dec. 12, 1980, to 
identify means by which the historic values of such parts of the 
development area could be preserved and enhanced to the maximum extent 
feasible, such review not to be limited by the applicable provisions of 
the development plan in effect at the time of the review, and not to 
require any actions by the Corporation during the course of the review 
or during its consideration by the Congress. Within one year of Dec. 12, 
1980, the Corporation was to submit to the appropriate committees of 
Congress a report containing the findings of the review, together with 
the Corporation's recommendations for any legislative measures or 
funding necessary to carry out the purposes of this section, such report 
to also include a description of those activities which the Corporation 
proposed to undertake to carry out the purposes of this section and the 
financial implications of carrying out those activities.

                  Section Referred to in Other Sections

    This section is referred to in sections 875, 876, 885, 1104 of this 
title.
