Title 40 — Public Buildings, Property, and WorksRelease 119-73not60
§8721 Comprehensive Plan for the National Capital
Title 40 › Subtitle SUBTITLE II— PUBLIC BUILDINGS AND WORKS › Part D— PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA › Chapter 87— PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION › Subchapter III— PLANNING PROCESS › § 8721
Summary
The National Capital Planning Commission must make and keep a single, coordinated plan for the National Capital. The plan includes the Commission’s recommendations for federal projects and must include any District of Columbia plan parts the Council adopts, unless the Commission finds they would have a negative impact on federal interests. The Commission may use parts of other local plans, pick parts of an element, and update the plan as needed. The Mayor sends each District plan element or change to the Council after public hearings. After the Council adopts it, the Council sends it to the Commission to review effects on federal functions. The Commission has 60 days to say whether there is a negative impact. If the Commission does not act in 60 days, the element is treated as having no negative impact and is added to the plan. If the Commission finds a negative impact, it sends findings and recommendations to the Council. The Council can accept and change the element or reject and resubmit it. If the Council accepts and changes it, the Commission has 30 days to confirm the change; no action in 30 days means the change is treated as accepted. If the Council resubmits after rejecting, the Commission again has 60 days to decide. A proposal rejected by the Commission cannot be resubmitted for less than one year and, after a year, is reviewed as new. The Commission and Mayor must seek comments from federal and DC authorities, the public, and may form advisory committees. The Council may grant time extensions if asked.
Full Legal Text
Title 40, §8721
Public Buildings, Property, and Works — Source: USLM XML via OLRC
(a)The National Capital Planning Commission shall prepare and adopt a comprehensive, consistent, and coordinated plan for the National Capital. The plan shall include the Commission’s recommendations or proposals for federal developments or projects in the environs and District elements of the comprehensive plan, or amendments to the elements, adopted by the Council of the District of Columbia and with respect to which the Commission has not determined a negative impact exists. Those elements or amendments shall be incorporated into the comprehensive plan without change. The Commission may include in its plan any part of a plan adopted by any planning agency in the environs and may make recommendations of collateral interest to the agencies. The Commission may adopt any part of an element. The Commission shall review and may amend or extend the plan so that its recommendations may be kept up to date.
(b)The Mayor of the District of Columbia shall submit each District element of the comprehensive plan, and any amendment, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the Council shall submit each element or amendment to the Commission for review and comment with regard to the impact of the element or amendment on the interests or functions of the federal establishment in the National Capital.
(c)(1)Within 60 days after receiving an element or amendment from the Council, the Commission shall certify to the Council whether the element or amendment has a negative impact on the interests or functions of the federal establishment in the National Capital.
(2)If the Commission takes no action in the 60-day period, the element or amendment is deemed to have no negative impact and shall be incorporated into the comprehensive plan for the National Capital and implemented.
(3)(A)If the Commission finds a negative impact, it shall certify its findings and recommendations to the Council.
(B)On receipt of the Commission’s findings and recommendations, the Council may—
(i)accept the findings and recommendations and modify the element or amendment accordingly; or
(ii)reject the findings and recommendations and resubmit a modified form of the element or amendment to the Commission for reconsideration.
(C)If the Council accepts the findings and recommendations and modifies the element or amendment, the Council shall submit the element or amendment to the Commission for the Commission to determine whether the modification has been made in accordance with the Commission’s findings and recommendations. If the Commission does not act on the modified element or amendment within 30 days after receiving it, the element or amendment is deemed to have been modified in accordance with the findings and recommendations and shall be incorporated into the comprehensive plan for the National Capital and implemented. If within the 30-day period the Commission again determines the element or amendment has a negative impact on the functions or interests of the federal establishment in the National Capital, the element or amendment shall not be implemented.
(D)If the Council rejects the findings and recommendations and resubmits a modified element or amendment, the Commission, within 60 days after receiving it, shall decide whether the modified element or amendment has a negative impact on the interests or functions of the federal establishment within the National Capital. If the Commission does not act within the 60-day period, the modified element or amendment is deemed to have no negative impact and shall be incorporated into the comprehensive plan and implemented. If the Commission finds a negative impact, it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council and the element or amendment shall not be implemented.
(d)Any element or amendment which the Commission has determined has a negative impact on the federal establishment in the National Capital which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission is deemed to be a new element or amendment for purposes of the review procedure specified in this section.
(e)(1)Before the comprehensive plan, any element of the plan, or any revision is adopted, the Commission shall present the plan, element, or revision to the appropriate federal or District of Columbia authorities for comment and recommendations. The Commission may present the proposed revisions annually in a consolidated form. Recommendations by federal and District of Columbia authorities are not binding on the Commission, but the Commission shall give careful consideration to any views and recommendations submitted prior to final adoption.
(2)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)On request of the Commission, the Council may grant an extension of any time limitation contained in this section.
(g)As appropriate, the Commission and the Mayor jointly 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 Commission and the District elements developed by the Mayor and the Council in accordance with this section.
(h)(1)The Commission and the Mayor jointly shall establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital.
(2)In order that the National Capital may be developed in accordance with the comprehensive plan, the Commission, with the consent of each agency concerned as to its representation, may establish advisory and coordinating committees composed 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 correlation of effort among the various agencies. As it considers appropriate, the Commission may invite representatives of the planning and developmental agencies of the environs to participate in the work of the committees.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (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). 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 sentences) 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 unnecessary. In subsection (g), the words “from time to time” are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory 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.
Reference
Citations & Metadata
Citation
40 U.S.C. § 8721
Title 40 — Public Buildings, Property, and Works
Last Updated
Apr 5, 2026
Release point: 119-73not60