40 U.S.C. § 8501 — National Capital Service Area

Page 190 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8501 CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND DIRECTOR Sec. 8501. National Capital Service Area. 8502. National Capital Service Director. § 8501. National Capital Service Area (a) ESTABLISHMENT.— (1) BOUNDARIES.—The National Capital Serv- ice Area is in the District of Columbia and in- cludes the principal federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the fed- eral executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly de- scribed as the area bounded as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the northern side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street North- west to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street North- west to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street North- west to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place North- west; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Sec- ond Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Sec- ond Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Mary- land Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Washington Avenue South- west and South Capitol Street; thence northwest on Washington Avenue Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence Avenue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street South- west to the middle of the Washington Chan- nel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Wash- ington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such south- eastern boundary line to the point where it Page 191 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8501 meets the present Virginia-District of Co- lumbia boundary; thence generally north and west up the Po- tomac River along the Virginia-District of Columbia boundary to the point of begin- ning. (2) STREETS AND SIDEWALKS INCLUDED.— Where the area in paragraph (1) is bounded by a street, the street, and any sidewalk of the street, are included in the area. (3) FEDERAL PROPERTY THAT AFFRONTED OR ABUTTED THE AREA DEEMED TO BE IN THE AREA.—Federal real property that on Decem- ber 24, 1973, affronted or abutted the area de- scribed in paragraph (1) is deemed to be in the area. For the purposes of this paragraph, fed- eral real property affronting or abutting the area described in paragraph (1)— (A) is deemed to include Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and (B) does not include any area situated out- side of the District of Columbia boundary as it existed immediately prior to December 24, 1973, any part of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any part of the Rock Creek Park. (b) APPLICABILITY OF OTHER PROVISIONS.— (1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA NOT AFFECTED.—Except to the extent specifically provided by this sec- tion, this section does not— (A) apply to the United States Capitol Buildings and Grounds as defined and de- scribed in sections 5101 and 5102 of this title, any other buildings and grounds under the care of the Architect of the Capitol, the Su- preme Court Building and grounds as de- scribed in section 6101 of this title, and the Library of Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j); and (B) repeal, amend, alter, modify, or super- sede— (i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any other general law of the United States, any law enacted by Congress and applicable exclusively to the District of Columbia, or any rule or regu- lation prescribed pursuant to any of those provisions, that was in effect on January 1, 1975, and that pertained to those buildings and grounds; or (ii) any authority which existed on De- cember 24, 1973, with respect to those buildings and grounds and was vested on January 1, 1975, in the Senate, the House of Representatives, Congress, any com- mittee, commission, or board of the Sen- ate, the House of Representatives, or Con- gress, the Architect of the Capitol or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court, or the Li- brarian of Congress. (2) CONTINUED APPLICATION OF LAWS, REGULA- TIONS, AND RULES.—Except to the extent other- wise specifically provided in this section, all general laws of the United States and all laws enacted by the Congress and applicable exclu- sively to the District of Columbia, including regulations and rules prescribed pursuant to any of those laws, that were in effect on Janu- ary 1, 1975, and which applied to and in the areas included in the National Capital Service Area pursuant to this section continue to be applicable to and in the National Capital Serv- ice Area in the same manner and to the same extent as if this section had not been enacted and remain applicable until repealed, amend- ed, altered, modified, or superseded. (c) AVAILABILITY OF SERVICES AND FACILI- TIES.—As far as practicable, any service or facil- ity authorized by the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 774) to be rendered or furnished (including maintenance of streets and highways, and services under section 1537 of title 31) shall be made available to the Senate, the House of Representatives, Congress, any committee, commission, or board of the Senate, the House of Representatives, or Con- gress, the Architect of the Capitol, any other of- ficer of the legislative branch who on January 1, 1975, was vested with authority over those build- ings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court, and the Librarian of Congress on their request. If payment would be required for the rendition or furnishing of a similar service or facility to any other federal agency, the recipient, on presen- tation of proper vouchers and as agreed on by the parties, shall pay for the service or facility in advance or by reimbursement. (d) RIGHT TO PARTICIPATE IN ELECTION NOT AF- FECTED BY RESIDENCY.—An individual may not be denied the right to vote or otherwise partici- pate in any manner in any election in the Dis- trict of Columbia solely because the individual resides in the National Capital Service Area. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1211; Pub. L. 109–284, § 6(24), Sept. 27, 2006, 120 Stat. 1213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8501(a) ........ 40:136(a), (f). Pub. L. 93–198, title VII, § 739(a), (f), (h)–(j), Dec. 24, 1973, 87 Stat. 825, 826, 829. 8501(b)(1) .... 40:136(h)(1). 8501(b)(2) .... 40:136(i). 8501(c) ........ 40:136(h)(2). 8501(d) ........ 40:136(j). In subsection (a)(1), the words ‘‘Washington Avenue Southwest’’ are substituted for ‘‘Canal Street South- west’’ because of section 2 of D.C. Law 8–39. See section 7–451 note of the District of Columbia Code. In subsection (b)(1)(A), reference to the Supreme Court Building is omitted because 40:13p only describes the Supreme Court grounds. In subsection (b)(1)(B)(ii), the words ‘‘by law, or oth- erwise’’ are omitted as unnecessary. In subsection (b)(2), the words ‘‘and such laws, regula- tions, and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modi- fication’’ are omitted as unnecessary. In subsection (c), the words ‘‘Notwithstanding the foregoing provisions of this section’’ are omitted as un- necessary. The words ‘‘section 1537 of title 31’’ are sub- stituted for ‘‘section 731 of this Act’’ because of section Page 192 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8502 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words ‘‘by law or other- wise’’ and ‘‘rendering and receiving such services’’ are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (b)(1)(B)(i), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress. The District of Columbia Home Rule Act, referred to in subsec. (c), is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2006—Subsec. (b)(1)(A). Pub. L. 109–284 inserted ‘‘of this title’’ after ‘‘sections 5101 and 5102’’. § 8502. National Capital Service Director (a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The Director shall receive compensation at the maximum rate es- tablished for level IV of the Executive Schedule under section 5315 of title 5. (b) PERSONNEL.—The Director may appoint and fix the rate of compensation of necessary personnel, subject to chapters 33 and 51 and sub- chapter III of chapter 53 of title 5. (c) DUTIES.— (1) PRESIDENT.—The President, through the Director and using District of Columbia gov- ernmental services to the extent practicable, shall ensure that there is provided in the area described in section 8501(a) of this title ade- quate fire protection and sanitation services. (2) DIRECTOR.—Except with respect to that part of the National Capital Service Area com- prising the United States Capitol Buildings and Grounds as defined and described in sec- tions 5101 and 5102 of this title, the Supreme Court Building and grounds as described in section 6101 of this title, and the Library of Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Director shall ensure that there is provided in the remainder of the area de- scribed in section 8501(a) of this title adequate police protection and maintenance of streets and highways. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1215; Pub. L. 109–284, § 6(25), (26), Sept. 27, 2006, 120 Stat. 1213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8502(a) ........ 40:136(b) (1st sen- tence), (c) (1st sentence). Pub. L. 93–198, title VII, § 739(b), (c), Dec. 24, 1973, 87 Stat. 825. 8502(b) ........ 40:136(c) (last sen- tence). 8502(c) ........ 40:136(b) (2d, last sentences). In subsection (a), the words ‘‘from time to time’’ and ‘‘of section 5314 [sic] of title 5’’ are omitted as unneces- sary. [The words ‘‘of section 5314 of title 5’’ were not omitted.] In subsection (b), the reference to chapter 33 of title 5 is substituted for ‘‘the provisions of title 5 governing appointments in the competitive service’’ for clarity and for consistency in the revised title and with other titles of the United States Code. The words ‘‘sub- chapter III’’ are substituted for ‘‘subchapter 3’’ to cor- rect an error in the source provision. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–284, § 6(25), substituted ‘‘5315’’ for ‘‘5314’’. Subsec. (c)(2). Pub. L. 109–284, § 6(26), inserted ‘‘of this title’’ after ‘‘sections 5101 and 5102’’. CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION SUBCHAPTER I—GENERAL Sec. 8701. Findings and purposes. 8702. Definitions. SUBCHAPTER II—PLANNING AGENCIES 8711. National Capital Planning Commission. 8712. Mayor of the District of Columbia. SUBCHAPTER III—PLANNING PROCESS 8721. Comprehensive plan for the National Capital. 8722. Proposed federal and district developments and projects. 8723. Capital improvements. 8724. Zoning regulations and maps. 8725. Recommendations on platting and subdi- viding land. 8726. Authorization of appropriations. SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND 8731. Acquiring land for park, parkway, or play- ground purposes. 8732. Acquiring land subject to limited rights re- served to grantor and limited permanent rights in land adjoining park property. 8733. Lease of land acquired for park, parkway, or playground purposes. 8734. Sale of land by Mayor. 8735. Sale of land by Secretary of the Interior. 8736. Execution of deeds. 8737. Authorization of appropriations. SUBCHAPTER I—GENERAL § 8701. Findings and purposes (a) FINDINGS.—Congress finds that— (1) the location of the seat of government in the District of Columbia has brought about the development of a metropolitan region ex- tending well into adjoining territory in Mary- land and Virginia; (2) effective comprehensive planning is nec- essary on a regional basis and of continuing importance to the federal establishment; (3) the distribution of federal installations throughout the region has been and will con- tinue to be a major influence in determining the extent and character of development; (4) there is needed a central planning agency for the National Capital region to coordinate certain developmental activities of the many different agencies of the Federal and District of Columbia Governments so that those activi- ties may conform with general objectives; (5) there is an increasing mutuality of inter- est and responsibility between the various lev-