[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41789-41792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20454]


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GENERAL SERVICES ADMINISTRATION

DEPARTMENT OF THE INTERIOR

National Park Service

NATIONAL CAPITAL PLANNING COMMISSION


Memorandum of Agreement Among the General Services 
Administration, the Department of the Interior--National Park Service 
and the National Capital Planning Commission

    This Memorandum of Agreement (Memorandum) is entered into by and 
among the General Services Administration (GSA), the Department of the 
Interior--National Park Service (NPS), and the National Capital 
Planning Commission (NCPC) for the purpose of ensuring that development 
and redevelopment within the Pennsylvania Avenue area (as defined in 40 
U.S.C. 871(f)) complies with the Pennsylvania Avenue Plan of 1974 
(Plan), as amended, and the Pennsylvania Avenue Development 
Corporation's General Guidelines and Square Guidelines.
    Whereas, Public Law 104-134 abolishes the Pennsylvania Avenue 
Development Corporation (PADC) as of April 1, 1996,
    Whereas, Public Law 104-134 requires that all rights, title and 
interest in and to all property held in the name of the Pennsylvania 
Avenue Development Corporation be transferred to the General Services 
Administration or the Department of the Interior--National Park 
Service,
    Whereas, Public Law 104-134 transfers PADC's responsibilities with 
respect to amending, completing, redeveloping, and ensuring compliance 
with the Plan to GSA and NCPC,
    Whereas, GSA, NPS, and NCPC intend to encourage and facilitate the 
continued development of the Pennsylvania Avenue area in a manner that 
builds on and reinforces the past achievements of PADC in restoring 
Pennsylvania Avenue and its environs,
    Whereas, GSA, NPS, and NCPC wish to work in partnership to ensure 
that the supervision of the Plan is carried out in a responsible and 
efficient manner and with appropriate public participation,
    The Parties to This Memorandum Do Hereby Agree:
    I. Property Development--If GSA decides to develop any property 
subject to the Plan, the following procedures shall apply:
    A. GSA shall prepare (with the advice of NCPC) the Request for 
Proposals (RFP);
    B. GSA shall convene a panel that shall include a representative 
from NCPC staff to review submitted proposals. The panel, before making 
its final determination, shall ensure that the selected proposal has 
been evaluated by a design committee assembled by GSA to ensure high 
quality building and urban design. The design committee shall include a 
representative from NCPC. Once GSA has made a selection, GSA shall 
transmit a copy of the selected proposal to NCPC prior to contract 
award. NCPC staff will have 10 calendar days to consider whether the 
proposed selection conforms to the Plan and the General and Square 
Guidelines. In this document, whenever a review period ends on a 
Saturday, Sunday or a legal holiday, the review shall conclude on the 
next day which is not a Saturday, Sunday or legal holiday.
    1. If, within the 10 calendar day review period, NCPC staff informs 
GSA in writing that NCPC believes that the proposed selection conforms 
with the Plan, the General and Square Guidelines, GSA may proceed to 
contract award. Unless otherwise agreed, failure of NCPC to act within 
10 calendar days shall be construed to mean that NCPC finds that the 
proposed selection conforms with the Plan, the General and Square 
Guidelines.
    2. If, within the 10 calendar day review period, NCPC staff informs 
GSA that NCPC believes that the proposed selection does not conform 
with the Plan, the General and/or Square Guidelines, NCPC shall provide 
GSA with a written statement explaining NCPC's reasons for so 
concluding. GSA, upon consideration of NCPC's written statement may 
either:
    a. Accept NCPC's view and either reject the proposal or require the 
selected offeror to submit a proposed amendment of the Plan, the 
General and/or Square Guidelines and follow the procedures set forth 
below in paragraphs I.C. (Plan amendment) and I.D. (General and Square 
Guidelines amendment), as appropriate, or
    b. Work with NCPC staff to reconcile differences in view regarding 
the need for amendment of the Plan, the General

[[Page 41790]]

and/or Square Guidelines. If, after good faith efforts, no resolution 
is reached, GSA may reject NCPC's view and provide a written memorandum 
that explains GSA's reasons for rejecting NCPC's view and proceed to 
contract award.
    C. If the proposal that GSA selects requires an amendment to the 
Plan, GSA shall transmit the selected offeror's proposal for Plan 
amendment (along with all relevant documentation) to NPS and NCPC for 
review and comment. GSA's selection of a proposal that will require 
Plan amendment and referral to NPS and NCPC shall constitute GSA 
support for Plan amendment.
    1. Within 30 calendar days of receiving a proposal for a Plan 
amendment, NPS shall advise GSA and NCPC whether the proposed Plan 
amendment affects the Secretary of Interior's responsibilities for the 
administration, protection, and development of the areas within the 
Pennsylvania Avenue National Historic Site. If NPS determines that a 
proposed Plan amendment affects these responsibilities, NPS shall 
notify GSA and NCPC of its support of, recommended modifications to or 
opposition to the proposed Plan amendment from the standpoint of the 
compatibility of the Plan amendment with the Secretary's 
responsibilities for the administration, protection, and development of 
the areas within the Pennsylvania Avenue National Historic Site. Unless 
otherwise agreed, GSA and NCPC may deem a failure of NPS to act within 
30 calendar days as a determination that the proposal does not affect 
the Secretary of the Interior's responsibilities for the 
administration, protection, and development of the areas within the 
Pennsylvania Avenue National Historic Site.
    2. Within 45 calendar days of receiving a proposal for a Plan 
amendment and after consideration by NCPC in public session, NCPC shall 
advise GSA of its views on the proposed Plan amendment. NCPC may 
support, recommend modification of or oppose the proposed amendment. 
Unless otherwise agreed, failure of NCPC to act within 45 calendar days 
shall be deemed acceptance of the proposed Plan amendment.
    3. If NPS and NCPC support an amendment to the Plan or if GSA 
accepts the proposed modifications to the Plan amendment proposal, GSA 
shall transmit the proposed Plan amendment to the Committee on 
Transportation and Infrastructure and the Committee on Appropriations 
of the House of Representatives and the Committee on Environment and 
Public Works and the Committee on Appropriations of the Senate. If 
after 60 legislative days, none of the committees has disapproved of 
the proposed amendment of the Plan, GSA shall amend the Plan, transmit 
a copy of the amendment to the Plan to NPS and NCPC, and award the 
contract.
    4. If NPS and/or NCPC does not support amendment of the Plan or if 
GSA does not accept the proposed modifications to the Plan amendment 
proposal, GSA, NPS and NCPC will meet and attempt to reconcile their 
views. If no resolution can be reached, GSA may transmit the proposal 
for a Plan amendment to the Congressional committees named in paragraph 
I.C.3. In its submission to the Congressional committees, GSA shall 
include a written statement from NPS and/or NCPC explaining the reasons 
for opposing the proposal for Plan amendment and a written statement 
from GSA and, when appropriate, either NPS or NCPC explaining the 
reasons for supporting the Plan amendment. If after 60 legislative 
days, none of the committees has disapproved of the proposed amendment 
of the Plan, GSA shall amend the Plan, transmit a copy of the amendment 
to the Plan to NPS and NCPC, and award the contract.
    D. If the proposal that GSA selects requires an amendment to the 
General and/or Square Guidelines, GSA shall transmit the selected 
offeror's proposal for amendment (along with all relevant 
documentation) to NCPC for review and comment. GSA's selection of a 
proposal that will require amendment of the General and/or Square 
Guidelines and referral to NCPC shall constitute GSA support for the 
proposed amendment. In considering amendments to the General and/or 
Square Guidelines, GSA and NCPC shall follow the same procedures and 
time frames that apply to proposals to amend the Plan (set forth above 
in I.C.) with the exception that proposed amendments to General and 
Square Guidelines need not be submitted either to NPS or to the 
Congressional committees named in paragraph I.C.3.
    E. After a contract has been awarded, the selected developer shall 
work closely with GSA. All designs, drawings, schematics, legal 
documents or other documents associated with the project shall be 
submitted to GSA, unless otherwise specified in the contract.
    II. Property Redevelopment (Major Modifications)--If a property 
owner wishes to redevelop property or make any renovations that will 
change the existing character or use of a building, structure, or site 
within the Plan area (including substantial remodeling, conversion, 
rebuilding, enlargement, extension, or major structural improvement of 
property, but not including ordinary maintenance or remodeling or 
changes necessary to continue occupancy):
    A. The property owner shall submit its proposed redevelopment plan 
to GSA and NCPC in writing.
    B. GSA shall make an initial determination of whether the proposal 
conforms to the Plan, the General and Square Guidelines.
    1. If GSA believes that the proposal conforms to the Plan, the 
General and Square Guidelines, GSA shall notify NCPC of its 
determination. NCPC staff will have 10 calendar days to consider 
whether the proposal conforms to the Plan, the General and Square 
Guidelines. Unless otherwise agreed, failure of NCPC to act within 10 
calendar days shall be considered agreement with GSA's view.
    a. If within the 10 calendar day review period, NCPC staff informs 
GSA in writing that NCPC believes that the proposal will not require an 
amendment to the Plan, the General and/or Square Guidelines, GSA may 
approve the proposal.
    b. If within the 10 calendar day review period, NCPC staff informs 
GSA that NCPC believes that the proposal will require amendment of the 
Plan, the General and/or Square Guidelines, NCPC shall provide GSA with 
a written statement explaining NCPC's reasons for concluding that an 
amendment is necessary. GSA, upon consideration of NCPC's written 
statement may, at its discretion, either:
    (1) Accept NCPC's view and either reject the proposal or require 
the property owner to submit a proposed amendment to the Plan, the 
General and/or Square Guidelines (along with all relevant 
documentation) and follow the procedures set forth in paragraphs I.C. 
(Plan amendment) and I.D. (General and Square Guidelines amendment), or
    (2) Work with NCPC staff to attempt to reconcile differences in 
view regarding the need for amendment of the Plan, the General and/or 
Square Guidelines. If, after good faith efforts, no resolution is 
reached, GSA may reject NCPC's view and approve the proposal. GSA shall 
provide to NCPC a written memorandum explaining its reasons for 
rejecting NCPC's view.
    2. If GSA believes that the proposal will require amendment of the 
Plan, the General and/or Square Guidelines and GSA does not support the 
proposed amendment, the property owner may not proceed with the 
proposal. If GSA believes that the proposal will require an amendment 
of the Plan, the General

[[Page 41791]]

and/or Square Guidelines and GSA supports such an amendment, GSA shall 
transmit the proposal (along with all relevant documentation) to NCPC 
which shall follow the procedures described above in paragraphs I.C. 
(Plan amendment) and I.D. (General and Square Guidelines amendment), as 
appropriate. If GSA believes that the proposal will require an 
amendment of the Plan, GSA will also transmit the proposal (along with 
all relevant documentation) to NPS and follow the procedures described 
above in paragraph I.C. (Plan amendment).
    III. Priority Redevelopment (Minor Modifications)--If a property 
owner wishes to make any modifications to a building, structure, or 
site within the Plan area that will not significantly change the 
existing character or use of the property (e.g., installation of 
awnings, outdoor cafe tables), the property owner shall notify GSA and 
NCPC in writing prior to applying for a D.C. building permit. If, 
within five calendar days after receiving notification from the 
property owner, NCPC staff does not notify GSA of its view that the 
proposed modification does not conform with the Plan, the General and/
or Square Guidelines, GSA may proceed with its review of the proposal. 
If NCPC staff believes that the proposed modification will require an 
amendment to the Plan, the General and/or Square Guidelines, NCPC and 
GSA shall follow the procedures set forth in paragraph II.B.1.b. 
(Property Redevelopment--Major Modification). If GSA determines that 
the proposed change does not conform to the Plan, the General and/or 
Square Guidelines, GSA, NPS and NCPC shall follow the procedures set 
forth above in paragraphs I.C. (Plan amendment) and I.D. (General and 
Square Guidelines amendment), as appropriate.
    IV. GSA Proposals for Plan, General and/or Square Guidelines 
Amendment--If GSA wishes to amend the Plan, the General and/or Square 
Guidelines:
    A. GSA shall transmit a proposal to amend the Plan (along with all 
relevant documentation) to NPS and NCPC and follow the procedures set 
forth in paragraph I.C. Any proposals by GSA to amend the Plan shall be 
consistent with and respect the goals and objectives stated in Chapter 
2 of the original 1974 Plan. These goals include, but are not limited 
to: Reinforcing Pennsylvania Avenue's role as the physical and symbolic 
link between the White House and the Capital; making Pennsylvania 
Avenue function as a bridge between the federal core and the city's 
downtown areas; encouraging residential as well as commercial occupancy 
of Pennsylvania Avenue; encouraging cultural activities along 
Pennsylvania Avenue; and maintaining a sense of historic continuity and 
evolution.
    B. GSA shall transmit a proposal for an amendment to the General 
and/or Square Guidelines (along with all relevant documentation) to 
NCPC and follow the procedures set forth above in paragraph I.D.
    V. NCPC Proposals for Plan, General and/or Square Guidelines 
Amendments--If NCPC wishes to amend the Plan, the General and/or Square 
Guidelines, NCPC shall transmit a proposal to NPS and GSA (along with 
all relevant documentation) for consideration. NPS and GSA shall have 
45 calendar days to consider proposals for Plan amendment. GSA shall 
have 30 days to consider proposals for amendment of General and/or 
Square Guidelines.
    A. If NPS and GSA accept NCPC's proposal for Plan amendment, GSA 
shall transmit the proposal to the Congressional committees named in 
paragraph I.C.3. If after 60 legislative days, none of the committees 
has disapproved of the proposed amendment of the Plan, GSA shall amend 
the Plan and transmit a copy of the amendment to the Plan to NPS and 
NCPC. If NPS and/or GSA does not accept NCPC's proposal for Plan 
amendment, NPS, GSA and NCPC shall work together to reconcile 
differences in view. If, after good faith efforts, no mutually 
acceptable resolution is reached, GSA may, at its discretion, take no 
further action with respect to the proposal or transmit the proposal 
for a Plan amendment to the Congressional committees named in paragraph 
I.C.3. along a written statement from NPS and/or GSA explaining the 
reasons for opposing NCPC's proposed Plan amendment and a written 
statement from NCPC explaining its reasons for supporting its proposed 
Plan amendment.
    B. If GSA accepts NCPC's proposal for amendment of the General and/
or Square Guidelines, GSA shall make the amendments and transmit a copy 
of the amendment to the General and/or Square Guidelines to NCPC. If 
GSA does not accept NCPC's proposal for amendment of the General and/or 
Square Guidelines, GSA shall work with NCPC staff to reconcile 
differences in view. If after good faith efforts, no resolution is 
reached, GSA may elect to take no further action with respect to the 
proposal.
    VI. NPS Proposals for Plan Amendment--If NPS wishes to amend the 
Plan, it shall transmit a proposal to GSA and NCPC (along with all 
relevant documentation) for consideration. NCPC and GSA shall have 45 
calendar days to consider NPS proposals for Plan amendment.
    A. If NCPC and GSA accept NPS's proposal for Plan amendment, GSA 
shall transmit the proposal to the Congressional committees named in 
paragraph I.C.3. If after 60 legislative days, none of the committees 
has disapproved of the proposed amendment of the Plan, GSA shall amend 
the Plan and transmit a copy of the amendment to the Plan to NPS and 
NCPC. If NCPC and/or GSA does not accept NPS's proposal for Plan 
amendment, NPS, GSA and NCPC shall work together to reconcile 
differences in view. If, after good faith efforts, no mutually 
acceptable resolution is reached, GSA may, at its discretion, take no 
further action with respect to the proposal or transmit the proposal 
for a Plan amendment to the Congressional committees named in paragraph 
I.C.3. along with a written statement explaining NCPC and/or GSA's 
reasons for not supporting NPS's proposed Plan amendment and a written 
statement from NPS explaining its reasons for supporting its proposed 
Plan amendment.
    VII. Review of Building Permits--NCPC staff shall review D.C. 
building permit applications for non-federal buildings and, where 
appropriate, certify to the D.C. government, prior to issuance of a 
building permit, that the work for which the building permit 
application has been made is not inconsistent with the Plan.
    VIII. Savings Provision--Nothing in this agreement should be 
construed to alter or amend any of NCPC's previously existing 
responsibilities or authorities, including Section 5 of the National 
Capital Planning Act, 40 U.S.C. 71d or the Zoning Act, D.C. Code 
Sec. 5-432, and all applicable NCPC submission requirements.

    Dated: July 25, 1996.

General Services Administration.
William R. Lawson,
Assistant Regional Administrator, Public Buildings Service.

    ------Dated: July 25, 1996.
National Capital Planning Commission.
Reginald W. Griffith,
Executive Director, National Capital Planning Commission.

    Dated: July 24, 1996.


[[Page 41792]]


National Park Service, Department of the Interior.
Robert G. Stanton,
Field Director, National Capital Area, National Park Service, 
Department of Interior.
[FR Doc. 96-20454 Filed 8-9-96; 8:45 am]
BILLING CODE 6820-34-P