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40 U.S.C. § 8722 — Proposed federal and district developments and projects

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 762 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal and District agencies must coordinate planning through the National Capital Planning Commission and consult it before covered construction or land acquisitions. The Commission reviews environs projects and approves specified federal and central-area District building features.

(a) Federal agencies responsible for public projects must cooperate through the Commission as the central planning agency for federal National Capital activities. On request, federal and District agencies must give the Commission required plans, data, and records; the Commission must provide related material on request. (b)(1) Before a federal or District agency prepares construction plans it originates, or commits to acquire land paid for at least partly with federal or District money, it must advise and consult the Commission during preliminary and later stages affecting the National Capital plan or development. The Commission must promptly issue a preliminary report and recommendations. If the agency disagrees, it must explain why; the Commission then submits a final report. After consultation and suitable consideration of the Commission’s views, the agency may act under its legal authority. (2)(A) This does not apply to Capitol-ground projects or Defense Department structures erected during war or national emergency within existing military, naval, or Air Force reservations. The defense agency must still consult on developments materially affecting traffic or requiring coordinated surrounding-area planning. (B) The Commission must decide in advance which plans, developments, projects, improvements, or acquisitions need not be submitted for conformity review. (c)(1) In the environs, general plans showing location, character, extent, and use intensity for proposed federal or District land-acquisition projects must be submitted for Commission report and recommendations before final acquisition commitment, unless specifically approved by law. (2) Before acting, the Commission must consult the appropriate environs planning agency. If a subsection (b) project would make a major change in an existing environs use, it must consult that agency. Its report and recommendations are due within 60 days and must include the agency’s reports or recommendations. (3) The Commission may work and make agreements with state or local authorities or planning agencies to get an environs plan or proposal adopted and carried out. (d) The June 20, 1938 Act does not apply to federal public buildings. The Commission must approve the location, height, bulk, number of stories, and size of federal buildings in the District and open space in and around them. (e) The same rule applies to District-government public buildings in the central area, as jointly defined by the Commission and Council, but the Commission must send approval or disapproval within 30 days after submission.

the actual law source: uscode.house.gov ↗public domain
(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. 797) 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 are 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 credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1221; Pub. L. 109–284, § 6(29), Sept. 27, 2006, 120 Stat. 1213.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1221
  • 2006Amended · Pub. L. 109-284 · 120 Stat. 1213

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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