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Title 40 — Public Buildings, Property, and WorksRelease 119-73

§8722 Proposed federal and district developments and projects

Title 40 › Subtitle SUBTITLE II— - PUBLIC BUILDINGS AND WORKS › Part PART D— - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA › Chapter CHAPTER 87— - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION › Subchapter SUBCHAPTER III— - PLANNING PROCESS › § 8722

Last updated Apr 6, 2026|Official source

Summary

Federal and District of Columbia agencies must work together and use the National Capital Planning Commission (NCPC) as the main planner for federal activity in the National Capital region. Agencies must give the NCPC plans, maps, and data when asked, and the NCPC will share related information when needed. Before making construction plans or committing to buy land paid at least partly with federal or D.C. money, an agency must consult the NCPC as it develops its plans. The NCPC will give a quick preliminary report and recommendations. If the agency disagrees, it must explain why, and the NCPC will then issue a final report. After thinking about the NCPC’s views, the agency can act under its legal authority. Projects on the Capitol grounds and some wartime military work are exempt, though defense must consult if traffic or surrounding planning are affected. The NCPC will decide in advance which types of projects do not need review. General plans for land purchases in the surrounding area must be sent to the NCPC before a final commitment; the NCPC will consult local planning agencies and provide its report within 60 days. The NCPC can make agreements with state or local authorities to carry out plans. The NCPC must approve the location, height, bulk, number of stories, size, and nearby open space for federal public buildings in D.C. The NCPC’s approval rules also apply to D.C. government buildings in the central area, and the NCPC must send approval or disapproval within 30 days after a proposal is submitted.

Full Legal Text

Title 40, §8722

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)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)(1)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)(A)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)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)(1)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)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 sentence words before proviso, 2d–last sentences). 8722(b)(2)(A)40:71d(b). 8722(b)(2)(B)40:71d(a) (1st sentence 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 acquisition 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 because the Council was abolished by section 1 of Reorganization 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 substituted for “National Capital Park and Planning Commission” 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 unnecessary.

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 repealed 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 subject”.

Reference

Citations & Metadata

Citation

40 U.S.C. § 8722

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73