40 USC Sec. 5102 01/03/2012 (112-90)

40 USC Sec. 5102 01/03/2012 (112-90)

-EXPCITE-

TITLE 40 – PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II – PUBLIC BUILDINGS AND WORKS

PART B – UNITED STATES CAPITOL

CHAPTER 51 – UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-

Sec. 5102. Legal description and jurisdiction of United States

Capitol Grounds

-STATUTE-

(a) Legal Description. – The United States Capitol Grounds

comprises all squares, reservations, streets, roadways, walks, and

other areas as defined on a map entitled “Map showing areas

comprising United States Capitol Grounds”, dated June 25, 1946,

approved by the Architect of the Capitol, and recorded in the

Office of the Surveyor of the District of Columbia in book 127,

page 8, including all additions added by law after June 25, 1946.

(b) Jurisdiction. –

(1) Architect of the capitol. – The jurisdiction and control

over the Grounds, vested prior to July 31, 1946, by law in the

Architect, is extended to the entire area of the Grounds. Except

as provided in paragraph (2), the Architect is responsible for

the maintenance and improvement of the Grounds, including those

streets and roadways in the Grounds as shown on the map referred

to in subsection (a) as being under the jurisdiction and control

of the Commissioners of the District of Columbia.

(2) Mayor of the district of columbia. –

(A) In general. – The Mayor of the District of Columbia is

responsible for the maintenance and improvement of those

portions of the following streets which are situated between

the curblines of those streets: Constitution Avenue from Second

Street Northeast to Third Street Northwest, First Street from D

Street Northeast to D Street Southeast, D Street from First

Street Southeast to Washington Avenue Southwest, and First

Street from the north side of Louisiana Avenue to the

intersection of C Street and Washington Avenue Southwest,

Pennsylvania Avenue Northwest from First Street Northwest to

Third Street Northwest, Maryland Avenue Southwest from First

Street Southwest to Third Street Southwest, Second Street

Northeast from F Street Northeast to C Street Southeast; C

Street Southeast from Second Street Southeast to First Street

Southeast; that portion of Maryland Avenue Northeast from

Second Street Northeast to First Street Northeast; that portion

of New Jersey Avenue Northwest from D Street Northwest to

Louisiana Avenue; that portion of Second Street Southwest from

the north curb of D Street to the south curb of Virginia Avenue

Southwest; that portion of Virginia Avenue Southwest from the

east curb of Second Street Southwest to the west curb of Third

Street Southwest; that portion of Third Street Southwest from

the south curb of Virginia Avenue Southwest to the north curb

of D Street Southwest; that portion of D Street Southwest from

the west curb of Third Street Southwest to the east curb of

Second Street Southwest; that portion of Washington Avenue

Southwest, including sidewalks and traffic islands, from the

south curb of Independence Avenue Southwest to the west curb of

South Capitol Street.

(B) Repair and maintenance of utility services. – The Mayor

may enter any part of the Grounds to repair or maintain or,

subject to the approval of the Architect, construct or alter,

any utility service of the District of Columbia Government.

(c) National Garden of the United States Botanic Garden. –

(1) In general. – Except as provided under paragraph (2), the

United States Capitol Grounds shall include –

(A) the National Garden of the United States Botanic Garden;

(B) all grounds contiguous to the Administrative Building of

the United States Botanic Garden, including Bartholdi Park; and

(C) all grounds bounded by the curblines of First Street,

Southwest on the east; Washington Avenue, Southwest to its

intersection with Independence Avenue, and Independence Avenue

from such intersection to its intersection with Third Street,

Southwest on the south; Third Street, Southwest on the west;

and Maryland Avenue, Southwest on the north.

(2) Maintenance and improvements. – Notwithstanding subsections

(a) and (b), jurisdiction and control over the buildings on the

grounds described in paragraph (1) shall be retained by the Joint

Committee on the Library, and the Joint Committee on the Library

shall continue to be solely responsible for the maintenance and

improvement of the grounds described in such paragraph.

(3) Authority not limited. – Nothing in this subsection shall

limit the authority of the Architect of the Capitol under section

307E of the Legislative Branch Appropriations Act, 1989 (40

U.S.C. 216c).(!1)

(d) Library of Congress Buildings and Grounds. –

(1) In general. – Except as provided under paragraph (2), the

United States Capitol Grounds shall include the Library of

Congress grounds described under section 11 of the Act entitled

“An Act relating to the policing of the buildings (!2) of the

Library of Congress”, approved August 4, 1950 (2 U.S.C. 167j).

(2) Authority of librarian of congress. – Notwithstanding

subsections (a) and (b), the Librarian of Congress shall retain

authority over the Library of Congress buildings and grounds in

accordance with section 1 of the Act of June 29, 1922 (2 U.S.C.

141; 42 Stat. 715).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1175; Pub. L. 108-7,

div. H, title I, Sec. 1016(b), Feb. 20, 2003, 117 Stat. 364; Pub.

L. 110-161, div. H, title I, Sec. 1004(d)(2)(A)(ii), Dec. 26, 2007,

121 Stat. 2233; Pub. L. 110-178, Sec. 4(b)(1)(B), Jan. 7, 2008, 121

Stat. 2551; Pub. L. 111-145, Sec. 6(d)(1), Mar. 4, 2010, 124 Stat.

54.)

-STATAMEND-

DEFINITION OF UNITED STATES CAPITOL GROUNDS

For provisions directing amendment of this section (or section 1

of the Act of July 31, 1946, as amended (former 40 U.S.C. 193a),

which was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b),

Aug. 21, 2002, 116 Stat. 1062, 1304, as this section) to include

within or exclude from the definition of the United States Capitol

Grounds certain parcels or areas, see notes set out below and under

section 6101 of this title.

HISTORICAL AND REVISION NOTES

——————————————————————–

Revised Source (U.S. Code) Source (Statutes at Large)

Section

——————————————————————–

5102 40:193a. July 31, 1946, ch. 707, Sec.

1, 60 Stat. 718; Pub. L.

90-108, Sec. 1(a), Oct. 20,

1967, 81 Stat. 275; Pub. L.

93-198, Sec. 739(g)(7), Dec.

24, 1973, 87 Stat. 829; Pub.

L. 96-432, Sec. 2, Oct. 10,

1980, 94 Stat. 1852.

——————————————————————–

In subsection (b)(2), the words “Mayor of the District of

Columbia” are substituted for “Commissioners of the District of

Columbia” [meaning the Board of Commissioners of the District of

Columbia] [subsequently changed to “Commissioner of the District of

Columbia” because of section 401 of Reorganization Plan No. 3 of

1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of

the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat.

789). In subparagraph (A), the words “Washington Avenue Southwest”

are substituted for “Canal Street S. W.” and “Canal Street

Southwest” because of section 2 of D.C. Law 8-39. See section 7-451

note of the District of Columbia Code.

-REFTEXT-

REFERENCES IN TEXT

Section 307E of the Legislative Branch Appropriations Act, 1989,

referred to in subsec. (c)(3), is section 307E of Pub. L. 100-458,

which was classified to section 216c of former Title 40, Public

Buildings, Property, and Works, and was transferred to section 2146

of Title 2, The Congress.

-MISC1-

AMENDMENTS

2010 – Subsec. (d). Pub. L. 111-145 repealed Pub. L. 110-161,

Sec. 1004(d)(2)(A)(ii). See 2007 Amendment note below.

2008 – Subsec. (d). Pub. L. 110-178 added subsec. (d).

2007 – Subsec. (d). Pub. L. 110-161, Sec. 1004(d)(2)(A)(ii),

which made an amendment identical to that made by Pub. L. 110-178,

was repealed by Pub. L. 111-145. See Effective Date of 2010

Amendment note below.

2003 – Subsec. (c). Pub. L. 108-7 added subsec. (c).

EFFECTIVE DATE OF 2010 AMENDMENT

Repeal of section 1004 of Pub. L. 110-161 by Pub. L. 111-145

effective as if included in the enactment of Pub. L. 110-161 and

provisions amended by section 1004 of Pub. L. 110-161 to be

restored as if such section had not been enacted, and repeal to

have no effect on the enactment or implementation of any provision

of Pub. L. 110-178, see section 6(d) of Pub. L. 111-145, set out as

a note under section 1901 of Title 2, The Congress.

EFFECTIVE DATE OF 2008 AMENDMENT

Amendment by Pub. L. 110-178 effective Oct. 1, 2009, see section

4(d) of Pub. L. 110-178, set out as an Effective Date of Repeal

note under section 167 of Title 2, The Congress.

EFFECTIVE DATE OF 2007 AMENDMENT

Amendment by Pub. L. 110-161 effective Oct. 1, 2009, see section

1004(d)(4) of title I of div. H of Pub. L. 110-161, set out as an

Effective Date of Repeal note under section 167 of Title 2, The

Congress.

EFFECTIVE DATE OF 2003 AMENDMENT

Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and

each fiscal year thereafter, see section 1016(d) of Pub. L. 108-7,

set out as a note under section 1961 of Title 2, The Congress.

TRANSFERS AND CONVEYANCES AFFECTING PROPERTIES IN THE DISTRICT OF

COLUMBIA AND GENERAL PROVISIONS

Pub. L. 109-396, title II, Secs. 201, 204, title IV, Secs. 401-

407, Dec. 15, 2006, 120 Stat. 2713, 2715, 2718-2720, provided

that:

“SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN

PROPERTIES.

“(a) Transfer of Administrative Jurisdiction From District of

Columbia to United States. –

“(1) In general. – Administrative jurisdiction over each of the

following properties (owned by the United States and as depicted

on the Map) is hereby transferred, subject to the terms in this

subsection, from the District of Columbia to the Secretary of the

Interior for administration by the Director:

“(A) An unimproved portion of Audubon Terrace Northwest,

located east of Linnean Avenue Northwest, that is within U.S.

Reservation 402 (National Park Service property).

“(B) An unimproved portion of Barnaby Street Northwest, north

of Aberfoyle Place Northwest, that abuts U.S. Reservation 545

(National Park Service property).

“(C) A portion of Canal Street Southwest, and a portion of V

Street Southwest, each of which abuts U.S. Reservation 467

(National Park Service property).

“(D) Unimproved streets and alleys at Fort Circle Park

located within the boundaries of U.S. Reservation 497 (National

Park Service property).

“(E) An unimproved portion of Western Avenue Northwest, north

of Oregon Avenue Northwest, that abuts U.S. Reservation 339

(National Park Service property).

“(F) An unimproved portion of 17th Street Northwest, south of

Shepherd Street Northwest, that abuts U.S. Reservation 339

(National Park Service property).

“(G) An unimproved portion of 30th Street Northwest, north of

Broad Branch Road Northwest, that is within the boundaries of

U.S. Reservation 515 (National Park Service property).

“(H) Subject to paragraph (2), lands over I-395 bounded by

Washington Avenue Southwest, 2nd Street Southwest, and the C

Street Southwest ramps to I-295.

“(I) A portion of U.S. Reservation 357 at Whitehaven Parkway

Northwest, previously transferred to the District of Columbia

in conjunction with the former proposal for a residence for the

Mayor of the District of Columbia.

“(2) Use of certain property for memorial. – In the case of the

property for which administrative jurisdiction is transferred

under paragraph (1)(H), the property shall be used as the site

for the establishment of a memorial to honor disabled veterans of

the United States Armed Forces authorized to be established by

the Disabled Veterans’ LIFE Memorial Foundation by Public Law 106-

348 (114 Stat. 1358; 40 U.S.C. 8903 note), except that –

“(A) the District of Columbia shall retain administrative

jurisdiction over the subsurface area beneath the site for the

tunnel, walls, footings, and related facilities;

“(B) C Street Southwest shall not be connected between 2nd

Street Southwest and Washington Avenue Southwest without the

approval of the Architect of the Capitol; and

“(C) a walkway shall be included across the site of the

memorial between 2nd Street Southwest and Washington Avenue

Southwest.

“(3) Additional transfer. –

“(A) In general. – Administrative jurisdiction over the

parcel bounded by 2nd Street Southwest, the C Street Southwest

ramp to I-295, the D Street Southwest ramp to I-395, and I-295

is hereby transferred, subject to the terms in this paragraph,

from the District of Columbia as follows:

“(i) The northernmost .249 acres is transferred to the

Secretary for administration by the Director, who (subject to

the approval of the Architect of the Capitol) shall landscape

the parcel or use the parcel for special needs parking for

the memorial referred to in paragraph (2).

“(ii) The remaining portion is transferred to the Architect

of the Capitol.

“(B) Retention of jurisdiction over subsurface area. – The

District of Columbia shall retain administrative jurisdiction

over the subsurface area beneath the parcel referred to in

subparagraph (A) for the tunnel, walls, footings, and related

facilities.

“(b) Transfer of Administrative Jurisdiction From United States

to District of Columbia. – Administrative jurisdiction over the

following property owned by the United States and depicted on the

Map is hereby transferred from the Secretary to the District of

Columbia for administration by the District of Columbia:

“(1) A portion of U.S. Reservation 451.

“(2) A portion of U.S. Reservation 404.

“(3) U.S. Reservations 44, 45, 46, 47, 48, and 49.

“(4) U.S. Reservation 251.

“(5) U.S. Reservation 8.

“(6) U.S. Reservations 277A and 277C.

“(7) Portions of U.S. Reservation 470.

“(c) Effective Date. – The transfers of administrative

jurisdiction under this section shall take effect on the date of

the enactment of this Act [Dec. 15, 2006].

“SEC. 204. CONVEYANCE TO ARCHITECT OF THE CAPITOL.

“(a) In General. – Prior to conveyance of title to U.S.

Reservation 13 to the District of Columbia under this Act [see Pub.

L. 109-396, title I, Sec. 101, Dec. 15, 2006, 120 Stat. 2711], the

District of Columbia shall convey, with the approval of the

Architect of the Capitol and subject to subsections (b) and (c),

not more than 12 acres of real property to the Architect of the

Capitol.

“(b) Title Held by Secretary. – If title to the real property

identified for conveyance under subsection (a) is held by the

Secretary, not later than 30 days after being notified by the

Architect of the Capitol that property has been so identified, the

Secretary shall agree or disagree to conveying the interest in such

property to the Architect of the Capitol.

“(c) Review. – If the Secretary agrees to the conveyance under

subsection (b), or if title to the property is held by the District

of Columbia, the real property shall be conveyed after a 30-day

review period beginning on the date on which notice of the

conveyance is received by the Committee on Homeland Security and

Governmental Affairs and the Committee on Rules of the Senate and

the Committee on Government Reform and the Committee on

Transportation and Infrastructure of the House of Representatives.

“(d) Study. – The Architect of the Capitol shall not construct a

mail screening facility on any real property conveyed under this

section unless each of the following conditions is satisfied:

“(1) A study is completed that analyzes –

“(A) whether one or more other underutilized, surplus, or

excess Federal facilities exist in which such a mail screening

facility could be more economically located; and

“(B) whether it would be more efficient and economical for

the House of Representatives and Senate to share one mail

screening facility.

“(2) The study is submitted to the relevant committees of

Congress.

“(3) No fewer than 30 days have lapsed since the date of the

submission under paragraph (2).

“SEC. 401. DEFINITIONS.

“In this Act [see Short Title of 2006 Amendment note set out

under section 101 of this title], the following definitions apply:

“(1) The term ‘Administrator’ means the Administrator of

General Services.

“(2) The term ‘Director’ means the Director of the National

Park Service.

“(3) The term ‘Map’ means the map entitled ‘Transfer and

Conveyance of Properties in the District of Columbia’, numbered

869/80460, and dated July 2005, which shall be kept on file in

the appropriate office of the National Park Service.

“(4) The term ‘park purposes’ includes landscaped areas,

pedestrian walkways, bicycle trails, seating, opensided shelters,

natural areas, recreational use areas, and memorial sites

reserved for public use.

“(5) The term ‘Secretary’ means the Secretary of the Interior.

“SEC. 402. LIMITATION ON COSTS.

“The United States shall not be responsible for paying any costs

and expenses, other than costs and expenses related to or

associated with environmental liabilities or cleanup actions

provided under law, which are incurred by the District of Columbia

or any other parties at any time in connection with effecting the

provisions of this Act or any amendment made by this Act.

“SEC. 403. AUTHORIZATION OF PARTIES TO ENTER INTO CONTRACTS.

“An officer or employee of the United States or the District of

Columbia may contract for payment of costs or expenses related to

any properties which are conveyed or for which administrative

jurisdiction is transferred under this Act or any amendment made by

this Act.

“SEC. 404. NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS.

“Nothing in this Act or any amendment made by this Act may be

construed to affect or limit the application of or obligation to

comply with any environmental law, including section 120(h) of the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9620(h)).

“SEC. 405. CONGRESSIONAL REPORTS.

“(a) District of Columbia. – Not later than January 31 of each

year, the Mayor of the District of Columbia shall report to the

Committee on Homeland Security and Governmental Affairs of the

Senate and the Committee on Government Reform, the Committee on

Energy and Commerce, the Committee on Resources, and the Committee

on Transportation and Infrastructure of the House of

Representatives on the use and development during the previous year

of land for which title is conveyed to the District of Columbia and

land for which administrative jurisdiction is transferred to the

District of Columbia pursuant to this Act.

“(b) Comptroller General. – The Comptroller General shall report

periodically to the Committee on Homeland Security and Governmental

Affairs of the Senate and the Committee on Government Reform, the

Committee on Energy and Commerce, the Committee on Resources, and

the Committee on Transportation and Infrastructure of the House of

Representatives on –

“(1) the use and development during the previous 2 years of

land for which title is conveyed and land for which

administrative jurisdiction is transferred pursuant to this Act;

and

“(2) if applicable, how such use and development complies with

the Anacostia Waterfront Framework Plan referred to in section

103 of the Anacostia Waterfront Corporation Act of 2004 (sec. 2-

1223.03, D.C. Official Code).

“(c) Sunset. – This section shall expire 10 years after the date

of enactment of this Act [Dec. 15, 2006].

“SEC. 406. TREATMENT AS PROPERTIES TRANSFERRED TO ARCHITECT OF

THE CAPITOL AS PART OF CAPITOL BUILDINGS AND GROUNDS.

“Upon transfer to the Architect of the Capitol of title to, or

administrative jurisdiction over, any property pursuant to this

Act, the property shall be a part of the United States Capitol

Grounds and shall be subject to sections 9, 9A, 9B, 9C, 14, and

16(b) of the Act entitled ‘An Act to define the area of the United

States Capitol Grounds, to regulate the use thereof, and for other

purposes’ [2 U.S.C. 1961, 1966, 1967, 1922, 1969, 1961 note]

(relating to the policing of the United States Capitol Grounds) and

sections 5101 to 5107 and 5109 of title 40, United States Code

(relating to prohibited acts within the United States Capitol

Grounds).

“SEC. 407. DEADLINE FOR PROVISION OF DEEDS AND RELATED DOCUMENTS.

“With respect to each property conveyed under this Act or any

amendment made by this Act, the Mayor of the District of Columbia,

the Administrator, or the Secretary (as the case may be) shall

execute and deliver a quitclaim deed or prepare and record a

transfer plat, as appropriate, not later than 6 months after the

property is conveyed.”

CHANGES IN UNITED STATES CAPITOL GROUNDS

Pub. L. 108-447, div. G, title II, Sec. 213, Dec. 8, 2004, 118

Stat. 3196, provided that:

“(a) Transfer of Jurisdiction. –

“(1) In general. – Jurisdiction over the parcels of Federal

real property described under paragraph (2) (over which

jurisdiction was transferred under section 514(b)(2)(C) of the

Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C.

5102 note; Public Law 104-333)) is transferred to the Architect

of the Capitol, without consideration.

“(2) Parcels. – The parcels of Federal real property referred

to under paragraph (1) are the following:

“(A) That portion of New Jersey Avenue, N.W., between the

northernmost point of the intersection of New Jersey Avenue,

N.W., and D Street, N.W., and the northernmost point of the

intersection of New Jersey Avenue, N.W., and Louisiana Avenue,

N.W., between squares 631 and W632, which remains Federal

property, and whose maintenance and repair shall be the

responsibility of the District of Columbia.

“(B) That portion of D Street, N.W., between its intersection

with New Jersey Avenue, N.W., and its intersection with

Louisiana Avenue, N.W., between squares 630 and W632, which

remains Federal property.

“(b) Miscellaneous. –

“(1) Compliance with other laws. – Compliance with this section

shall be deemed to satisfy the requirements of all laws otherwise

applicable to transfers of jurisdiction over parcels of Federal

real property.

“(2) United states capitol grounds. –

“(A) Definition. – Section 5102 of title 40, United States

Code, is amended to include within the definition of the United

States Capitol Grounds the parcels of Federal real property

described in subsection (a)(2).

“(B) Jurisdiction of capitol police. – The United States

Capitol Police shall have jurisdiction over the parcels of

Federal real property described in subsection (a)(2) in

accordance with section 9 of the Act entitled ‘An Act to define

the United States Capitol Grounds, to regulate the use thereof,

and for other purposes’, approved July 31, 1946 (2 U.S.C.

1961).

“(3) Effect of transfer. – A person relinquishing jurisdiction

over any parcel of Federal real property transferred by

subsection (a) shall not retain any interest in the parcel except

as specifically provided in this section.

“(c) Effective Date. – This Act [probably means this section]

shall apply to fiscal year 2005 and each fiscal year thereafter.”

Pub. L. 104-333, div. I, title V, Sec. 514, Nov. 12, 1996, 110

Stat. 4165, provided that:

“(a) Purpose. – It is the purpose of this section –

“(1) to assist in the effort to timely establish within the

District of Columbia a national memorial to Japanese American

patriotism in World War II; and

“(2) to improve management of certain parcels of Federal real

property located within the District of Columbia,

by the transferring jurisdiction over such parcels to the Architect

of the Capitol, the Secretary of the Interior, and the Government

of the District of Columbia.

“(b) Transfers of Jurisdiction. –

“(1) In general. – Effective on the date of the enactment of

this Act [Nov. 12, 1996] and notwithstanding any other provision

of law, jurisdiction over the parcels of Federal real property

described in paragraph (2) is transferred without additional

consideration as provided by paragraph (2).

“(2) Specific transfers. –

“(A) Transfers to secretary of the interior. –

“(i) In general. – Jurisdiction over the following parcels

is transferred to the Secretary of the Interior:

“(I) That triangle of Federal land, including any contiguous

sidewalks and tree space, that is part of the United States

Capitol Grounds under the jurisdiction of the Architect of

the Capitol bound by D Street, N.W., New Jersey Avenue, N.W.,

and Louisiana Avenue, N.W., in square W632 in the District of

Columbia, as shown on the Map Showing Properties Under

Jurisdiction of the Architect of the Capitol, dated November

8, 1994.

“(II) That triangle of Federal land, including any contiguous

sidewalks and tree space, that is part of the United States

Capitol Grounds under the jurisdiction of the Architect of

the Capitol bound by C Street, N.W., First Street, N.W., and

Louisiana Avenue, N.W., in the District of Columbia, as shown

on the Map Showing Properties Under Jurisdiction of the

Architect of the Capitol, dated November 8, 1994.

“(ii) Limitation. – The parcels transferred by clause (i)

shall not include those contiguous sidewalks abutting

Louisiana Avenue, N.W., which shall remain part of the United

States Capitol Grounds under the jurisdiction of the

Architect of the Capitol.

“(iii) Consideration as memorial site. – The parcels

transferred by subclause (I) of clause (i) may be considered

as a site for a national memorial to Japanese American

patriotism in World War II.

“(B) Transfers to architect of the capitol. – Jurisdiction

over the following parcels is transferred to the Architect of

the Capitol:

“(i) That portion of the triangle of Federal land in

Reservation No. 204 in the District of Columbia under the

jurisdiction of the Secretary of the Interior, including any

contiguous sidewalks, bound by Constitution Avenue, N.E., on

the north, the branch of Maryland Avenue, N.E., running in a

northeast direction on the west, the major portion of

Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on

the east, including the contiguous sidewalks.

“(ii) That irregular area of Federal land in Reservation

No. 204 in the District of Columbia under the jurisdiction of

the Secretary of the Interior, including any contiguous

sidewalks, northeast of the real property described in clause

(i) bound by Constitution Avenue, N.E., on the north, the

branch of Maryland Avenue, N.E., running to the northeast on

the south, and the private property on the west known as lot

7, in square 726.

“(iii) The two irregularly shaped medians lying north and

east of the property described in clause (i), located between

the north and south curbs of Constitution Avenue, N.E., west

of its intersection with Second Street, N.E., all as shown in

Land Record No. 268, dated November 22, 1957, in the Office

of the Surveyor, District of Columbia, in Book 138, Page 58.

“(iv) All sidewalks under the jurisdiction of the District

of Columbia abutting on and contiguous to the land described

in clauses (i), (ii), and (iii).

“(C) Transfers to district of columbia. – Jurisdiction over

the following parcels is transferred to the Government of the

District of Columbia:

“(i) That portion of New Jersey Avenue, N.W., between the

northernmost point of the intersection of New Jersey Avenue,

N.W., and D Street, N.W., and the northernmost point of the

intersection of New Jersey Avenue, N.W., and Louisiana

Avenue, N.W., between squares 631 and W632, which remains

Federal property.

“(ii) That portion of D Street, N.W., between its

intersection with New Jersey Avenue, N.W., and its

intersection with Louisiana Avenue, N.W., between squares 630

and W632, which remains Federal property.

“(c) Miscellaneous. –

“(1) Compliance with other laws. – Compliance with this section

shall be deemed to satisfy the requirements of all laws otherwise

applicable to transfers of jurisdiction over parcels of Federal

real property.

“(2) Law enforcement responsibility. – Law enforcement

responsibility for the parcels of Federal real property for which

jurisdiction is transferred by subsection (b) shall be assumed by

the person acquiring such jurisdiction.

“(3) United states capitol grounds. –

“(A) Definition. – The first section of the Act entitled ‘An

Act to define the United States Capitol Grounds, to regulate

the use thereof, and for other purposes’, approved July 31,

1946 (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to

include within the definition of the United States Capitol

Grounds the parcels of Federal real property described in

subsection (b)(2)(B).

“(B) Jurisdiction of capitol police. – The United States

Capitol Police shall have jurisdiction over the parcels of

Federal real property described in subsection (b)(2)(B) in

accordance with section 9 of such Act of July 31, 1946 (40

U.S.C. 212a) [now 2 U.S.C. 1961].

“(4) Effect of transfers. – A person relinquishing jurisdiction

over a parcel of Federal real property transferred by subsection

(b) shall not retain any interest in the parcel except as

specifically provided by this section.”

Pub. L. 97-379, Dec. 22, 1982, 96 Stat. 1935, provided: “That

section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a)

[now 40 U.S.C. 5102], is amended to include within the definition

of the United States Capitol Grounds the following additional areas

which are situated as follows:

“(1) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the south side

of Pennsylvania Avenue, Northwest, between the west curb of First

Street, Northwest and the east curb of Third Street, Northwest.

“(2) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the north side

of Maryland Avenue, Southwest, between the west curb of First

Street, Southwest and the east curb of Third Street, Southwest.

“(3) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the west side

of First Street between the south curb of Pennsylvania Avenue,

Northwest and the north curb of Maryland Avenue, Southwest.

“(4) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the east side

of Third Street between the south curb of Pennsylvania Avenue,

Northwest and the north curb of Maryland Avenue, Southwest.”

Pub. L. 96-432, Sec. 1, Oct. 10, 1980, 94 Stat. 1851, provided:

“That section 1 of the Act of July 31, 1946, as amended (40 U.S.C.

193a) [now 40 U.S.C. 5102], is amended to include within the

definition of the United States Capitol Grounds the following

additional areas and portions of streets which are situated as

follows:

“(1) that portion of D Street Northeast from the east curb of

Second Street Northeast to the east curb of First Street Northeast;

“(2) that portion of Second Street Northeast and Southeast from

the south curb of F Street Northeast to the south curb of C Street

Southeast;

“(3) that portion of Constitution Avenue Northeast from the east

curb of Second Street Northeast to the east curb of First Street

Northeast;

“(4) that portion of Pennsylvania Avenue Northwest from the west

curb of First Street Northwest to the east curb of Third Street

Northwest;

“(5) that portion of Maryland Avenue Southwest from the west curb

of First Street Southwest to the east curb of Third Street

Southwest;

“(6) that portion of Constitution Avenue Northwest from the east

curb of Second Street Northwest to the east curb of Third Street

Northwest;

“(7) that portion of Independence Avenue Southwest from the west

curb of First Street Southwest to the east curb of Third Street

Southwest;

“(8) that portion of Maryland Avenue Northeast from the east curb

of Second Street Northeast to the east curb of First Street

Northeast;

“(9) that portion of East Capitol Street from the east curb of

Second Street Southeast to the east curb of First Street Southeast;

“(10) that portion of Independence Avenue Southeast from the east

curb of Second Street Southeast to the east curb of First Street

Southeast;

“(11) that portion of C Street Southeast from the east curb of

Second Street Southeast to the east curb of First Street Southeast;

“(12) that portion of North Capitol Street from the south curb of

Massachusetts Avenue to the north curb of Louisiana Avenue;

“(13) that portion of New Jersey Avenue Northwest from the north

curb of D Street Northwest to the north curb of Louisiana Avenue;

“(14) that portion of Second Street Southwest from the north curb

of D Street to the south curb of Virginia Avenue Southwest;

“(15) that portion of Virginia Avenue Southwest from the east

curb of Second Street Southwest to the west curb of Third Street

Southwest;

“(16) that portion of Third Street Southwest from the south curb

of Virginia Avenue Southwest to the north curb of D Street

Southwest;

“(17) that portion of D Street Southwest from the west curb of

Third Street Southwest to the east curb of Second Street Southwest;

“(18) that portion of Canal Street Southwest, including sidewalks

and traffic islands, from the south curb of Independence Avenue

Southwest to the west curb of South Capitol Street; and

“(19) all that area contiguous to, and surrounding, square

numbered 724 from the property line thereof to the contiguous curb;

“(20) those areas contiguous to, and surrounding, the areas

comprising the grounds of the United States Botanic Garden from the

property line of such grounds to the contiguous curb;

“(21) all that area contiguous to, and surrounding, the

structures comprising the United States Capitol Power Plant, from

the building lines of such structures to the contiguous curbs; and

“(22) all that area contiguous to, and surrounding, square

numbered 581 from the property line thereof to the contiguous

curb.”

Pub. L. 93-198, title VII, Sec. 739(g)(3), Dec. 24, 1973, 87

Stat. 828, effective Jan. 2, 1975, [title IV of Pub. L. 93-198

having been accepted by a majority of the registered qualified

electors in the District of Columbia voting on the charter issue in

the charter referendum conducted May 8, 1974], provided in part

that the definition of United States Capitol Grounds should include

the following streets: Independence Avenue from the west curb of

First Street S.E. to the east curb of First Street S.W., New Jersey

Avenue S.E. from the south curb of Independence Avenue to the north

curb of D Street S.E., South Capitol Street from the south curb of

Independence Avenue to the north curb of D Street; Delaware Avenue

S.W. from the south curb of C Street S.W. to the North Curb of D

Street S.W., C Street from the west curb of First Street S.E. to

the intersection of First and Canal Streets, S.W., D Street from

the west curb of First Street S.E. to the intersection of Canal

Street and Delaware Avenue S.W., that part of First Street lying

west of the outer face of the curb of the sidewalk on the east side

thereof from D Street, N.E. to D Street S.E., that part of First

Street within the east and west curblines thereof extending from

the north side of Pennsylvania Avenue N.W. to the intersection of C

Street and Canal Street S.W., including the two circles within such

area, but that nothing in the inclusion of such streets should be

construed as repealing, or otherwise altering, modifying,

affecting, or superseding those provisions of law in effect prior

to the vesting of authority in the United States Supreme Court

police and Library of Congress police by title IV of Pub. L. 93-198

to make arrests in adjacent streets, including First Street N.E.

and First Street S.E.

JURISDICTION OF THE CAPITOL POLICE BOARD AND THE ARCHITECT OF THE

CAPITOL

Pub. L. 96-432, Sec. 3, Oct. 10, 1980, 94 Stat. 1852, provided

that: “On and after the effective date of this section [see Pub. L.

96-432, Sec. 4, Oct. 10, 1980, 94 Stat. 1853], that portion of C

Street Northeast from the west curb of Second Street Northeast to

the east curb of First Street Northeast shall be under the

exclusive jurisdiction and control of the Capitol Police Board and

the Architect of the Capitol in the same manner and to the same

extent as such Board or the Architect of the Capitol has over other

streets comprising the United States Capitol Grounds, and the

Architect of the Capitol shall be responsible for the maintenance

and improvement thereof.”

UNITED STATES SUPREME COURT AND LIBRARY OF CONGRESS; JURISDICTIONAL

BOUNDARIES

Pub. L. 96-432, Sec. 6(a), (b), Oct. 10, 1980, 94 Stat. 1853,

provided that:

“(a) Notwithstanding any other provisions of this Act [enacting

section 1962 of Title 2, The Congress, amending section 193a of

former Title 40, Public Buildings, Property, and Works, and

enacting provisions set out as notes under this section], with

respect to those squares occupied by the United States Supreme

Court and the Library of Congress, those streets or portions

thereof referred to in the first section of this Act [set out as a

note above] which surround such squares shall be considered a part

of the Capitol Grounds only to the face of the curbs contiguous to

such squares.

“(b) Nothing in this Act shall be construed as repealing, or

otherwise altering, modifying, affecting, or superseding those

provisions of law in effect on the date immediately preceding the

date of the enactment of this Act [Oct. 10, 1980] vesting authority

in the United States Supreme Court Police and the Library of

Congress Police to make arrests in adjacent streets.”

ARCHITECT OF THE CAPITOL; ACQUISITION OF ADDITIONAL PROPERTY

Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 64, provided in

part: “That upon acquisition of such real property pursuant to this

paragraph [incorporating by reference the provisions of Pub. L. 96-

432, Oct. 10, 1980, 94 Stat. 1851, which related to the

acquisition of property in squares 693, 640, and 582 in the

District of Columbia], the structure located on lot 801 of square

693 shall become a part of the House Office Buildings, subject to

the provisions of the Act of July 31, 1946 (40 U.S.C. secs. 193a

through 193m, [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2

U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see

References in Text note under section 1819 of Title 2, The

Congress], including any amendments thereto, which are applicable

to the Capitol Buildings, and to the Act of March 4, 1907 (40

U.S.C. 175) [now 2 U.S.C. 2001].”

Pub. L. 96-432, Secs. 7-10, Oct. 10, 1980, 94 Stat. 1853, 1854,

provided that:

“Sec. 7. (a) The Architect of the Capitol, under the direction of

the House Office Building Commission, is hereby authorized to

acquire, on behalf of the United States, by purchase, condemnation,

transfer, or otherwise, for addition to the United States Capitol

Grounds, all publicly or privately owned property contained in lot

49 in square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80,

800, 801, 807, 814 through 822, and 834 in square 693 in the

District of Columbia (including all alleys or parts of alleys and

streets within the lotlines and curblines surrounding such real

property): Provided, That upon the acquisition of any such real

property by the Architect of the Capitol on behalf of the United

States, such property shall be subject to the provisions of the Act

of July 31, 1946 (60 Stat. 718) [2 U.S.C. 1922, 1961, 1966, 1967,

1969; 40 U.S.C. 5101-5107, 5109, see References in Text note under

section 1819 of Title 2, The Congress] as amended in the same

manner and to the same extent as all other areas comprising the

United States Capitol Grounds.

“(b) For the purposes of this section the properties authorized

to be acquired hereunder, shall be deemed to extend to the outer

face of the curbs of the squares in which they are located.

“(c) There is hereby authorized to be appropriated to the

Architect of the Capitol for the fiscal year ending September 30,

1981, the sum of $11,500,000 for the purpose of carrying out the

provisions of this section, said appropriation to remain available

until expended.

“Sec. 8. The acquisition of real property under this Act

[enacting section 1962 of Title 2, amending section 193a of former

Title 40, Public Buildings, Property, and Works, and enacting

provisions set out as notes under this section] shall be conducted

in accordance with the Act entitled ‘Uniform Relocation Assistance

and Land Acquisition Policies Act of 1970’, Public Law 91-646,

approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any

proceeding for condemnation brought in its course shall be

conducted in accordance with the Act entitled ‘An Act to provide

for the acquisition of land in the District of Columbia for the use

of the United States’, approved March 1, 1929 (16 D.C. Code, secs.

1351-1368).

“Sec. 9. The Architect of the Capitol is authorized to enter into

contracts and to make expenditures for grading and paving and such

other expenditures, including expenditures for personal and other

services, as may be necessary to carry out the purposes of section

7 of this Act.

“Sec. 10. Any contract entered into pursuant to this Act or

pursuant to any amendment made by this Act shall be effective only

to such extent and in such amounts as may be provided in advance in

an appropriation Act.”

ACQUISITION OF PROPERTY FOR ADDITIONS TO UNITED STATES CAPITOL

GROUNDS

Pub. L. 85-429, May 29, 1958, 72 Stat. 148 and Pub. L. 85-591,

Aug. 6, 1958, 72 Stat. 495, in part authorized the Architect of the

Capitol to acquire certain real property for additions to United

States Capitol Grounds.

ORDER OF THE HOUSE OFFICE BUILDING COMMISSION

OCTOBER 17, 1967

WHEREAS, under authority of Section 1202 of Public Law 24, 84th

Congress (69 Stat. 41), approved April 22, 1955, known as the

“Additional House Office Building Act of 1955”, the Architect of

the Capitol, at the direction of the House Office Building

Commission, acquired during the period of 1955 to 1960, on behalf

of the United States, by condemnation, seven squares in the

District of Columbia, located south of Independence Avenue, in the

vicinity of the United States Capitol Grounds, as a site for an

additional office building and other necessary facilities for the

House of Representatives and for additions to the United States

Capitol Grounds;

WHEREAS, under the aforesaid authority, the Architect of the

Capitol, at the direction of the Commission, acquired in 1965 on

behalf of the United States, through transfer from the

Redevelopment Land Agency, Square 639, also located south of

Independence Avenue, for an addition to the United States Capitol

Grounds;

WHEREAS, the aforesaid eight squares are identified and bound as

follows: Square 635, bounded on the north by Independence Avenue,

on the east by Delaware Avenue, on the west by First Street, on the

south by C Street; Square 637, bounded on the north by C Street, on

the east by South Capitol Street, on the west by Delaware Avenue,

on the south by D Street; Square South of 635, bounded on the north

by C Street, on the east by Delaware Avenue, on the west and south

by Canal Street; Square 691, bounded on the north by C Street, on

the east by New Jersey Avenue, on the west by South Capitol Street,

on the south by D Street; Square 692, bounded on the north by C

Street, on the east by First Street, on the west by New Jersey

Avenue, on the south by D Street; Square 732 north, bounded on the

north by Independence Avenue, on the east by Second Street, on the

west by First Street, on the south by Carroll Street; Square 732

south, bounded on the north by Carroll Street, on the east by

Second Street, on the west by First Street, on the south by C

Street; and Square 639, bounded on the north by D Street, on the

east by South Capitol Street, on the west and south by Canal

Street;

WHEREAS, title to all real property in these 8 squares is now

vested in fee simple absolute in the United States of America;

WHEREAS, subsequent to acquisition of these 8 squares, under the

aforesaid authority, all alleys in these squares were closed and

vacated, as were also Delaware Avenue between Independence Avenue

and C Street and Carroll Street between First and Second Streets,

by the Commissioners of the District of Columbia, and all areas

between the property lines and outer faces of curbs surrounding

these squares and Square 636 were transferred from the jurisdiction

of the Commissioners of the District of Columbia to the

jurisdiction of the Architect of the Capitol;

WHEREAS, the Rayburn House Office Building has been constructed

on Squares 635 and 636 (the latter square being already owned by

the government and having been combined with Square 635 as a site

for this building under the aforesaid authority), and the said

building is now maintained by the Architect of the Capitol as a

part of the House Office Buildings, and the sidewalks and other

paved and grassed areas surrounding this building are now

maintained as part of the Capitol Grounds;

WHEREAS, underground garages for the House of Representatives

have been constructed in Squares 637 and 691 and are now maintained

by the Architect of the Capitol as part of the House Office

Buildings, and the areas above these garages have been landscaped

as a part of the Capitol Grounds;

WHEREAS, Squares South of 635 and 639 have been developed as

parking lots for automobiles for Members and employees of the House

and are now maintained as part of the Capitol Grounds;

WHEREAS, part of Square 692 is occupied by the Congressional

Hotel, acquired by the Architect of the Capitol under the aforesaid

authority and leased to the Knott Hotels Corporation for use as a

hotel, and the remainder of this square has been converted into a

parking lot for automobiles for Members and employees of the House

and is now maintained as a part of the Capitol Grounds;

WHEREAS, Squares 732 north and south were acquired as an addition

to the Capitol Grounds, are now maintained as part of the Capitol

Grounds, and will continue to be so maintained until such time as

required for construction thereon of the Library of Congress James

Madison Memorial Building, authorized by Public Law 89-260,

approved October 19, 1965;

WHEREAS, the aforesaid Additional House Office Building Act

provides, in pertinent part, with respect to these properties, as

follows:

“* * * At such time or times as may be fixed by order of the

House Office Building Commission, (1) any real property acquired

under, or made available for the purposes of, this chapter shall

become part of the United States Capitol Grounds and subject to

the Act entitled ‘An Act to define the area of the United States

Capitol Grounds, to regulate the use thereof, and for other

purposes’, approved July 31, 1946 (40 U.S.C., secs. 193a – 193m,

[207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922,

1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see References

in Text note under section 1819 of Title 2, The Congress], and

(2) the building and all facilities constructed pursuant to

section 1201 of this chapter shall become subject to such Act

approved July 31, 1946, and to the provisions of law relating to

the control, supervision, and care of the House Office Building

contained in the Act approved Mar. 4, 1907, as amended (40

U.S.C., sec. 175) [now 2 U.S.C. 2001].”

NOW, THEREFORE, in formal compliance with the aforecited

provisions of the Additional House Office Building Act, the House

Office Building Commission, in confirmation of actions heretofore

taken by the Commission, hereby orders:

1. The Rayburn House Office Building, the subway connecting such

building to the Capitol Building, the pedestrian tunnels

connecting such building to the Longworth House Office

Building, the underground garages in Squares 637 and 691 and

the tunnels connecting these garages to the House Office

Buildings, are hereby declared to be House Office Buildings

and, as such, are hereby made subject to those provisions of

the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m,

[207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922,

1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including

any amendments to such Act, which are applicable to the

Capitol Buildings, and to the Act of Mar. 4, 1907 (40 U.S.C.

175) [now 2 U.S.C. 2001].

2. All other real property acquired by the Architect of the

Capitol under authority of the Additional House Office

Building Act is hereby declared to be part of the United

States Capitol Grounds and is hereby made subject to the Act

of July 31, 1946 (40 U.S.C., secs. 193a to 193m, [207a,]

212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922, 1961,

1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including any

amendments to such Act.

3. Nothing herein shall be construed to contravene (a) the

provisions of Public Law 89-260 authorizing the future use of

Squares 732 north and south as a site for the Library of

Congress James Madison Memorial Building; or (b) the

authority delegated by the House Office Building Commission

to the Select House Committee under authority of H. Res. 514,

90th Congress, pertaining to the direction and supervision of

the use and operation of the four House Garages and outdoor

parking lots.

4. This order shall become effective immediately.

HOUSE OFFICE BUILDING COMMISSION

John W. McCormack, Chairman.

Emanuel Celler, Member.

Charles E. Goodell, Member.

اترك رد