Page 157 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8501

HISTORICAL AND REVISION NOTES thence east on to Northwest; Revised Section Source (U.S. Code) Source (Statutes at Large) thence north on Jackson Place to H Street Northwest; 8303 ...... 40:132. Pub. L. 86–527, § 3, June 27, 1960, 74 Stat. 223. thence east on H Street Northwest to Madison Place Northwest; The words ‘‘The Congress further declares that’’ are thence south on Madison Place Northwest omitted as obsolete. The word ‘‘Mayor’’ is substituted to Pennsylvania Avenue Northwest; for ‘‘Board of Commissioners’’ [subsequently changed thence east on Pennsylvania Avenue to ‘‘Commissioner’’ because of section 401 of Reorga- Northwest to Fifteenth Street Northwest; nization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. thence south on Fifteenth Street North- 951)] because of section 421 of the District of Columbia Self–Government and Governmental Reorganization west to Pennsylvania Avenue Northwest; Act (Public Law 93–198, 87 Stat. 789.) thence southeast on Pennsylvania Avenue Northwest to John Marshall Place North- § 8304. Priority projects west; thence north on John Marshall Place In carrying out the policy pursuant to section Northwest to C Street Northwest; 8303 of this title for the attainment of the objec- thence east on C Street Northwest to tive established by section 8302 of this title, pri- Third Street Northwest; ority should be given to the solution, on a uni- thence north on Third Street Northwest to fied metropolitan basis, of the problems of water D Street Northwest; supply, sewage disposal, and water pollution and thence east on D Street Northwest to Sec- transportation. ond Street Northwest; (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1211.) thence south on Second Street Northwest to the intersection of HISTORICAL AND REVISION NOTES Northwest and Louisiana Avenue Northwest; Revised thence northeast on Louisiana Avenue Source (U.S. Code) Source (Statutes at Large) Section Northwest to ; 8304 ...... 40:133. Pub. L. 86–527, § 4, June 27, thence north on North Capitol Street to 1960, 74 Stat. 223. Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue The words ‘‘The Congress further declares that’’ are Northwest so as to encompass Union Square; omitted as obsolete. thence following Union Square to F Street CHAPTER 85—NATIONAL CAPITAL SERVICE Northeast; AREA AND DIRECTOR thence east on F Street Northeast to Sec- ond Street Northeast; Sec. thence south on Second Street Northeast 8501. National Capital Service Area. to D Street Northeast; 8502. National Capital Service Director. thence west on D Street Northeast to First § 8501. National Capital Service Area Street Northeast; thence south on First Street Northeast to (a) ESTABLISHMENT.— Maryland Avenue Northeast; (1) BOUNDARIES.—The National Capital Serv- thence generally north and east on Mary- ice Area is in the District of Columbia and in- land Avenue to Second Street Northeast; cludes the principal federal monuments, the thence south on Second Street Northeast , the Capitol Building, the United to C Street Southeast; States Supreme Court Building, and the fed- thence west on C Street Southeast to New eral executive, legislative, and judicial office Jersey Avenue Southeast; buildings located adjacent to the Mall and the thence south on New Jersey Avenue Capitol Building, and is more particularly de- Southeast to D Street Southeast; scribed as the area bounded as follows: thence west on D Street Southeast to Beginning at that point on the present Canal Street Parkway; Virginia-District of Columbia boundary due thence southeast on Canal Street Parkway west of the northernmost point of Theodore to E Street Southeast; Roosevelt Island and running due east to the thence west on E Street Southeast to the eastern shore of the Potomac River; intersection of Washington Avenue South- thence generally south along the shore at west and ; the mean high water mark to the northwest thence northwest on Washington Avenue corner of the Kennedy Center; Southwest to Second Street Southwest; thence east along the northern side of the thence south on Second Street Southwest Kennedy Center to a point where it reaches to Southwest; the E Street Expressway; thence generally west on Virginia Avenue thence east on the expressway to E Street to Third Street Southwest; Northwest and thence east on E Street thence north on Third Street Southwest to Northwest to Eighteenth Street Northwest; C Street Southwest; thence south on Eighteenth Street North- thence west on C Street Southwest to west to Constitution Avenue Northwest; Sixth Street Southwest; thence east on Constitution Avenue to thence north on Sixth Street Southwest to Seventeenth Street Northwest; Independence Avenue; thence north on Seventeenth Street North- thence west on Independence Avenue to west to Pennsylvania Avenue Northwest; Twelfth Street Southwest; § 8501 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 158

thence south on Twelfth Street Southwest scribed in sections 5101 and 5102 of this title, to D Street Southwest; any other buildings and grounds under the thence west on D Street Southwest to care of the Architect of the Capitol, the Su- Fourteenth Street Southwest; preme Court Building and grounds as de- thence south on Fourteenth Street South- scribed in section 6101 of this title, and the west to the middle of the Washington Chan- Library of Congress buildings and grounds as nel; defined in section 11 of the Act of August 4, thence generally south and east along the 1950 (2 U.S.C. 167j); and mid-channel of the Washington Channel to a (B) repeal, amend, alter, modify, or super- point due west of the northern boundary line sede— of Fort Lesley McNair; (i) chapter 51 of this title, section 9, 9A, thence due east to the side of the Washing- 9B, 9C or 14 of the Act of July 31, 1946 (ch. ton Channel; 707, 60 Stat. 719, 720), any other general law thence following generally south and east of the United States, any law enacted by along the side of the Washington Channel at Congress and applicable exclusively to the the mean high water mark, to the point of District of Columbia, or any rule or regu- confluence with the Anacostia River, and lation prescribed pursuant to any of those along the northern shore at the mean high provisions, that was in effect on January 1, water mark to the northern most point of 1975, and that pertained to those buildings the Eleventh Street Bridge; and grounds; or thence generally south and east along the (ii) any authority which existed on De- northern side of the Eleventh Street Bridge cember 24, 1973, with respect to those to the eastern shore of the Anacostia River; buildings and grounds and was vested on thence generally south and west along January 1, 1975, in the Senate, the House such shore at the mean high water mark to of Representatives, Congress, any commit- the point of confluence of the Anacostia and tee, commission, or board of the Senate, Potomac Rivers; the House of Representatives, or Congress, thence generally south along the eastern the Architect of the Capitol or any other shore at the mean high water mark of the officer of the legislative branch, the Chief Potomac River to the point where it meets Justice of the United States, the Marshal the present southeastern boundary line of of the Supreme Court, or the Librarian of the District of Columbia; Congress. thence south and west along such south- eastern boundary line to the point where it (2) CONTINUED APPLICATION OF LAWS, REGULA- meets the present Virginia-District of Co- TIONS, AND RULES.—Except to the extent other- lumbia boundary; wise specifically provided in this section, all thence generally north and west up the Po- general laws of the United States and all laws tomac River along the Virginia-District of enacted by the Congress and applicable exclu- Columbia boundary to the point of begin- sively to the District of Columbia, including ning. regulations and rules prescribed pursuant to any of those laws, that were in effect on Janu- (2) STREETS AND SIDEWALKS INCLUDED.— Where the area in paragraph (1) is bounded by ary 1, 1975, and which applied to and in the a street, the street, and any sidewalk of the areas included in the National Capital Service street, are included in the area. Area pursuant to this section continue to be (3) FEDERAL PROPERTY THAT AFFRONTED OR applicable to and in the National Capital Serv- ABUTTED THE AREA DEEMED TO BE IN THE ice Area in the same manner and to the same AREA.—Federal real property that on Decem- extent as if this section had not been enacted ber 24, 1973, affronted or abutted the area de- and remain applicable until repealed, amend- scribed in paragraph (1) is deemed to be in the ed, altered, modified, or superseded. area. For the purposes of this paragraph, fed- (c) AVAILABILITY OF SERVICES AND FACILI- eral real property affronting or abutting the TIES.—As far as practicable, any service or facil- area described in paragraph (1)— ity authorized by the District of Columbia Home (A) is deemed to include Fort Lesley Rule Act (Public Law 93–198, 87 Stat. 774) to be McNair, the Washington Navy Yard, the rendered or furnished (including maintenance of Anacostia Naval Annex, the United States streets and highways, and services under section Naval Station, Bolling Air Force Base, and 1537 of title 31) shall be made available to the the Naval Research Laboratory; and Senate, the House of Representatives, Congress, (B) does not include any area situated out- any committee, commission, or board of the side of the District of Columbia boundary as Senate, the House of Representatives, or Con- it existed immediately prior to December 24, gress, the Architect of the Capitol, any other of- 1973, any part of the Anacostia Park situated ficer of the legislative branch who on January 1, east of the northern side of the Eleventh 1975, was vested with authority over those build- Street Bridge, or any part of the Rock Creek ings and grounds, the Chief Justice of the United Park. States, the Marshal of the Supreme Court, and (b) APPLICABILITY OF OTHER PROVISIONS.— the Librarian of Congress on their request. If (1) PROVISIONS COVERING BUILDINGS AND payment would be required for the rendition or GROUNDS IN AREA NOT AFFECTED.—Except to furnishing of a similar service or facility to any the extent specifically provided by this sec- other federal agency, the recipient, on presen- tion, this section does not— tation of proper vouchers and as agreed on by (A) apply to the United States Capitol the parties, shall pay for the service or facility Buildings and Grounds as defined and de- in advance or by reimbursement. Page 159 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8502

(d) RIGHT TO PARTICIPATE IN ELECTION NOT AF- (2) DIRECTOR.—Except with respect to that FECTED BY RESIDENCY.—An individual may not part of the National Capital Service Area com- be denied the right to vote or otherwise partici- prising the United States Capitol Buildings pate in any manner in any election in the Dis- and Grounds as defined and described in sec- trict of Columbia solely because the individual tions 5101 and 5102 of this title, the Supreme resides in the National Capital Service Area. Court Building and grounds as described in (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1211; Pub. section 6101 of this title, and the Library of L. 109–284, § 6(24), Sept. 27, 2006, 120 Stat. 1213.) Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. HISTORICAL AND REVISION NOTES 167j), the Director shall ensure that there is provided in the remainder of the area de- Revised Section Source (U.S. Code) Source (Statutes at Large) scribed in section 8501(a) of this title adequate police protection and maintenance of streets 8501(a) ...... 40:136(a), (f). Pub. L. 93–198, title VII, § 739(a), (f), (h)–(j), Dec. 24, and highways. 1973, 87 Stat. 825, 826, 829. 8501(b)(1) .... 40:136(h)(1). (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1215; Pub. 8501(b)(2) .... 40:136(i). L. 109–284, § 6(25), (26), Sept. 27, 2006, 120 Stat. 8501(c) ...... 40:136(h)(2). 8501(d) ...... 40:136(j). 1213.)

In subsection (a)(1), the words ‘‘Washington Avenue HISTORICAL AND REVISION NOTES Southwest’’ are substituted for ‘‘Canal Street South- Revised west’’ because of section 2 of D.C. Law 8–39. See section Section Source (U.S. Code) Source (Statutes at Large) 7–451 note of the District of Columbia Code. In subsection (b)(1)(A), reference to the Supreme 8502(a) ...... 40:136(b) (1st sen- Pub. L. 93–198, title VII, Court Building is omitted because 40:13p only describes tence), (c) (1st § 739(b), (c), Dec. 24, 1973, sentence). 87 Stat. 825. the Supreme Court grounds. 8502(b) ...... 40:136(c) (last sen- In subsection (b)(1)(B)(ii), the words ‘‘by law, or tence). otherwise’’ are omitted as unnecessary. 8502(c) ...... 40:136(b) (2d, last In subsection (b)(2), the words ‘‘and such laws, regula- sentences). tions, and rules shall thereafter be applicable to and within such area in the manner and to the extent so In subsection (a), the words ‘‘from time to time’’ and provided by any such amendment, alteration, or modi- ‘‘of section 5314 [sic] of title 5’’ are omitted as unneces- fication’’ are omitted as unnecessary. sary. [The words ‘‘of section 5314 of title 5’’ were not In subsection (c), the words ‘‘Notwithstanding the omitted.] foregoing provisions of this section’’ are omitted as un- In subsection (b), the reference to chapter 33 of title necessary. The words ‘‘section 1537 of title 31’’ are sub- 5 is substituted for ‘‘the provisions of title 5 governing stituted for ‘‘section 731 of this Act’’ because of section appointments in the competitive service’’ for clarity 4(b) of the Act of September 13, 1982 (Public Law 97–258, and for consistency in the revised title and with other 96 Stat. 1067), the first section of which enacted Title titles of the United States Code. The words ‘‘sub- 31, United States Code. The words ‘‘by law or other- chapter III’’ are substituted for ‘‘subchapter 3’’ to cor- wise’’ and ‘‘rendering and receiving such services’’ are rect an error in the source provision. omitted as unnecessary. AMENDMENTS REFERENCES IN TEXT 2006—Subsec. (a). Pub. L. 109–284, § 6(25), substituted Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, ‘‘5315’’ for ‘‘5314’’. 1946, referred to in subsec. (b)(1)(B)(i), are classified to Subsec. (c)(2). Pub. L. 109–284, § 6(26), inserted ‘‘of this sections 1961, 1966, 1967, 1922, and 1969, respectively, of title’’ after ‘‘sections 5101 and 5102’’. Title 2, The Congress. The District of Columbia Home Rule Act, referred to CHAPTER 87—PHYSICAL DEVELOPMENT OF in subsec. (c), is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. NATIONAL CAPITAL REGION 774, as amended. For complete classification of this Act SUBCHAPTER I—GENERAL to the Code, see Tables. Sec. AMENDMENTS 8701. Findings and purposes. 2006—Subsec. (b)(1)(A). Pub. L. 109–284 inserted ‘‘of 8702. Definitions. this title’’ after ‘‘sections 5101 and 5102’’. SUBCHAPTER II—PLANNING AGENCIES § 8502. National Capital Service Director 8711. National Capital Planning Commission. 8712. Mayor of the District of Columbia. (a) ESTABLISHMENT AND COMPENSATION.—There SUBCHAPTER III—PLANNING PROCESS is in the Executive Office of the President the National Capital Service Director who shall be 8721. Comprehensive plan for the National Capital. appointed by the President. The Director shall 8722. Proposed federal and district developments receive compensation at the maximum rate es- and projects. 8723. Capital improvements. tablished for level IV of the Executive Schedule 8724. Zoning regulations and maps. under section 5315 of title 5. 8725. Recommendations on platting and subdivid- (b) PERSONNEL.—The Director may appoint ing land. and fix the rate of compensation of necessary 8726. Authorization of appropriations. personnel, subject to chapters 33 and 51 and sub- SUBCHAPTER IV—ACQUIRING AND DISPOSING OF chapter III of chapter 53 of title 5. LAND (c) DUTIES.— (1) PRESIDENT.—The President, through the 8731. Acquiring land for park, parkway, or play- Director and using District of Columbia gov- ground purposes. 8732. Acquiring land subject to limited rights re- ernmental services to the extent practicable, served to grantor and limited permanent shall ensure that there is provided in the area rights in land adjoining park property. described in section 8501(a) of this title ade- 8733. Lease of land acquired for park, parkway, or quate fire protection and sanitation services. playground purposes.