40 U.S.C. § 8722 — Proposed federal and district develop-

Page 197 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8722 comment and recommendations. The Commis- sion may present the proposed revisions annu- ally in a consolidated form. Recommendations by federal and District of Columbia authori- ties are not binding on the Commission, but the Commission shall give careful consider- ation to any views and recommendations sub- mitted prior to final adoption. (2) HEARINGS AND CITIZEN ADVISORY COUN- CILS.—The Commission— (A) may provide periodic opportunity for review and comments by nongovernmental agencies or groups through public hearings, meetings, or conferences, exhibitions, and publication of its plans; and (B) in consultation with the Council, may encourage the formation of citizen advisory councils. (f) EXTENSION OF TIME LIMITATIONS.—On re- quest of the Commission, the Council may grant an extension of any time limitation contained in this section. (g) PUBLISHING COMPREHENSIVE PLAN.—As ap- propriate, the Commission and the Mayor joint- ly shall publish a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the federal activities in the National Capital developed by the Com- mission and the District elements developed by the Mayor and the Council in accordance with this section. (h) PROCEDURES FOR CONSULTATION.— (1) COMMISSION AND MAYOR.—The Commis- sion and the Mayor jointly shall establish pro- cedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital. (2) GOVERNMENT AGENCIES.—In order that the National Capital may be developed in accord- ance with the comprehensive plan, the Com- mission, with the consent of each agency con- cerned as to its representation, may establish advisory and coordinating committees com- posed of representatives of agencies of the Federal and District of Columbia Governments as may be necessary or helpful to obtain the maximum amount of cooperation and correla- tion of effort among the various agencies. As it considers appropriate, the Commission may invite representatives of the planning and de- velopmental agencies of the environs to par- ticipate in the work of the committees. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1219.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8721(a) ........ 40:71c(a), (d). June 6, 1924, ch. 270, § 4(a), (d), (e) (1st par.), as added July 19, 1952, ch. 949, § 1, 66 Stat. 785, 787; Pub. L. 93–198, title II § 203(c)(1), (2), Dec. 24, 1973, 87 Stat. 782. 8721(b) ........ 40:71a(a)(3). June 6, 1924, ch. 270, § 2(a)(3), (4), as added July 19, 1952, ch. 949, § 1, 66 Stat. 782; Pub. L. 93–198, title II, § 203(a), Dec. 24, 1973, 87 Stat. 779. 8721(c), (d) 40:71a(a)(4)(A)–(C). 8721(e) ........ 40:71c(e) (1st par.). 8721(f) ........ 40:71a(a)(4)(E). 8721(g) ........ 40:71a(a)(4)(D). 8721(h)(1) .... 40:71a(a)(4)(F). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 8721(h)(2) .... 40:71a(d). June 6, 1924, ch. 270, § 2(d), as added July 19, 1952, ch. 949, § 1, 66 Stat. 783. In subsection (a), the text of 40:71c(a) (2d, 3d sen- tences) and reference to the National Capital Regional Planning Council are omitted as obsolete because the Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note). The words ‘‘from time to time’’ are omitted as unnecessary. In subsection (e)(2), before clause (A), the words ‘‘in addition and at its discretion’’ are omitted as unneces- sary. In subsection (g), the words ‘‘from time to time’’ are omitted as unnecessary. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 8722. Proposed federal and district develop- ments and projects (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 gov- ernmental agencies on request of the Commis- sion shall furnish plans, data, and records the Commission requires. The Commission on re- quest shall furnish related plans, data, and records to federal and District of Columbia gov- ernmental agencies. (b) CONSULTATION BETWEEN AGENCIES AND COM- MISSION.— (1) BEFORE CONSTRUCTION PLANS PREPARED.— To ensure the comprehensive planning and or- derly development of the National Capital, a federal or District of Columbia agency, before preparing construction plans the agency origi- nates for proposed developments and projects or before making a commitment to acquire land, to be paid for at least in part from fed- eral or District amounts, shall advise and con- sult with the Commission as the agency pre- pares plans and programs in preliminary and successive stages that affect the plan and de- velopment of the National Capital. After re- ceiving the plans, maps, and data, the Com- mission promptly shall make a preliminary re- port 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 pro- vide the reasons why it does not agree. The Commission then shall submit a final report. Page 198 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8723 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 emer- gency within existing military, naval, or Air Force reservations, except that the appro- priate defense agency shall consult with the Commission as to any developments which materially affect traffic or require coordi- nated 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 develop- ments 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, un- less 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 de- cides that proposed developments or projects submitted to the Commission under sub- section (b) involve a major change in the char- acter or intensity of an existing use in the en- virons, the Commission shall advise and con- sult 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 func- tions 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 devel- opment of the National Capital, the location, height, bulk, number of stories, and size of fed- eral public buildings in the District of Columbia and the provision for open space in and around federal public buildings in the District of Colum- bia are subject to the approval of the Commis- sion. (e) APPROVAL OF DISTRICT GOVERNMENT BUILD- INGS IN CENTRAL AREA.—Subsection (d) is ex- tended 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), ex- cept that the Commission shall transmit its ap- proval or disapproval within 30 days after the day the proposal was submitted to the Commis- sion. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1221; Pub. L. 109–284, § 6(29), Sept. 27, 2006, 120 Stat. 1213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8722(a) ........ 40:71d(e). June 6, 1924, ch. 270, § 5, as added July 19, 1952, ch. 949, § 1, 66 Stat. 787; Pub. L. 93–198, title II, § 203(d), Dec. 24, 1973, 87 Stat. 782. 8722(b)(1) .... 40:71d(a) (1st sen- tence words be- fore proviso, 2d–last sen- tences). 8722(b)(2)(A) 40:71d(b). 8722(b)(2)(B) 40:71d(a) (1st sen- tence proviso). 8722(c)(1), (2). 40:71d(d). 8722(c)(3) .... 40:71c(e) (last par.). June 6, 1924, ch. 270, § 4(e) (last par.), as added July 19, 1952, ch. 949, § 1, 66 Stat. 787. 8722(d) ........ (uncodified). June 20, 1938, ch. 534, § 16, 52 Stat. 802. 8722(e) ........ 40:71d(c). In subsection (a), the words ‘‘including the acquisi- tion of land’’ are omitted as unnecessary. In subsection (b)(1), the words ‘‘received and’’ are omitted as unnecessary. In subsection (c)(2), reference to the National Capital Regional Planning Council is omitted as obsolete be- cause the Council was abolished by section 1 of Reorga- nization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note). In subsection (c)(3), the word ‘‘work’’ is substituted for ‘‘act in conjunction and cooperation’’ to eliminate unnecessary words. In subsection (d), the word ‘‘Commission’’ [meaning the National Capital Planning Commission] is sub- stituted for ‘‘National Capital Park and Planning Com- mission’’ because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title. In subsection (e), the words ‘‘the boundaries of’’ and ‘‘and from time to time redefined’’ are omitted as un- necessary. Editorial Notes REFERENCES IN TEXT The Act of June 20, 1938, referred to in subsec. (d), is act June 20, 1938, ch. 534, 52 Stat. 797. While the Act was not classified to the Code, section 16 of the Act was re- pealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§ 1, 6, Aug. 21, 2002, 116 Stat. 1062, 1304. See Historical and Revision Notes above. AMENDMENTS 2006—Subsec. (d). Pub. L. 109–284 substituted ‘‘52 Stat. 797’’ for ‘‘52 Stat. 802’’ and ‘‘are subject’’ for ‘‘is sub- ject’’. § 8723. Capital improvements (a) SIX-YEAR PROGRAM OF PUBLIC WORKS PROJECTS.—The National Capital Planning Com- mission shall recommend a six-year program of public works projects for the Federal Govern- ment which the Commission shall review annu-