40 USC SUBTITLE II, PART D, CHAPTER 81, SUBCHAPTER I: GENERAL
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40 USC SUBTITLE II, PART D, CHAPTER 81, SUBCHAPTER I: GENERAL
From Title 40—PUBLIC BUILDINGS, PROPERTY, AND WORKSSUBTITLE II—PUBLIC BUILDINGS AND WORKSPART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIACHAPTER 81—ADMINISTRATIVE

SUBCHAPTER I—GENERAL

§8101. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law

(a) In General.—Under regulations the President prescribes, the Administrator of General Services shall have charge of the public buildings and grounds in the District of Columbia, except those buildings and grounds which otherwise are provided for by law.

(b) Notice of Unlawful Occupancy.—If the Administrator, or the officer under the direction of the Administrator who is in immediate charge of those public buildings and grounds, decides that an individual is unlawfully occupying any part of that public land, the Administrator or officer in charge shall notify the United States marshal for the District of Columbia in writing of the unlawful occupation.

(c) Ejection of Trespasser.—The marshal shall have the trespasser ejected from the public land and shall restore possession of the land to the officer charged by law with the custody of the land.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1204.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8101 40:19. R.S. §1797; Apr. 28, 1902, ch. 594, [§] 1 (6th par. on p. 152), 32 Stat. 152.

In this chapter, the words "Administrator of General Services" are substituted for "Chief of Engineers" [subsequently changed to "Director of Public Buildings and Public Parks of the National Capital" because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983), "Director of the National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.

In subsection (a), the words "through the War Department" in section 1797 of the Revised Statutes are omitted because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983).

In subsection (b), the words "If the Administrator . . . decides" are substituted for "when it shall be made to appear to the said Administrator" for clarity. The words "in the District of Columbia" are omitted as unnecessary. The words "the Administrator and the officer in charge" are substituted for "the officer in charge" for clarity.

§8102. Protection of Federal Government buildings in District of Columbia

The Attorney General and the Secretary of the Treasury may prohibit—

(1) a vehicle from parking or standing on a street or roadway adjacent to a building in the District of Columbia—

(A) at least partly owned or possessed by, or leased to, the Federal Government; and

(B) used by law enforcement authorities subject to their jurisdiction; and


(2) a person or entity from conducting business on property immediately adjacent to a building described in paragraph (1).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8102 40:137. Pub. L. 104–132, title VIII, §803, Apr. 24, 1996, 110 Stat. 1305.

§8103. Application of District of Columbia laws to public buildings and grounds

(a) Application of Laws.—Laws and regulations of the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the Federal Government in the District of Columbia.

(b) Penalties.—A person shall be fined under title 18, imprisoned for not more than six months, or both if the person—

(1) is guilty of disorderly and unlawful conduct in or about those public buildings or public grounds;

(2) willfully injures the buildings or shrubs;

(3) pull downs, impairs, or otherwise injures any fence, wall, or other enclosure;

(4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge; or

(5) removes any stone, gravel, sand, or other property of the Government, or any other part of the public grounds or lots belonging to the Government in the District of Columbia.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8103 40:101. July 29, 1892, ch. 320, §15, 27 Stat. 325; Pub. L. 90–108, §2, Oct. 20, 1967, 81 Stat. 277.

In subsection (b), the word "enclosure" is substituted for "inclosure" to use the more understood term.

§8104. Regulation of private and semipublic buildings adjacent to public buildings and grounds

(a) Factors for Development.—In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed on Congress in connection with establishing the seat of the National Government, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance.

(b) Submission of Application to Commission of Fine Arts.—The Mayor of the District of Columbia shall submit to the Commission of Fine Arts an application for a permit to erect or alter any building, a part of which fronts or abuts on the grounds of the Capitol, the grounds of the White House, the part of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park System and public buildings adjacent to the System, or abuts on any street bordering any of those grounds or parks, so far as the plans relate to height and appearance, color, and texture of the materials of exterior construction.

(c) Report to Mayor.—The Commission shall report promptly its recommendations to the Mayor, including any changes the Commission decides are necessary to prevent reasonably avoidable impairment of the public values belonging to the public building or park. If the Commission fails to report its approval or disapproval of a plan within 30 days, the report is deemed approved and a permit may be issued.

(d) Action by the Mayor.—The Mayor shall take action the Mayor decides is necessary to effect reasonable compliance with the recommendation under subsection (c).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205; Pub. L. 109–284, §6(22), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8104 40:121. May 16, 1930, ch. 291, §1, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144.

In this chapter, the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).

In subsection (a), the words "it is hereby declared that" are omitted as unnecessary.

In subsection (b), the words "To this end, hereafter" are omitted as unnecessary.


Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–284 substituted "Commission of Fine Arts" for "Commission on Fine Arts".

§8105. Approval by Administrator of General Services

Subject to applicable provisions of existing law relating to the functions in the District of Columbia of the National Capital Planning Commission and the Commission of Fine Arts, only the Administrator of General Services is required to approve sketches, plans, and estimates for buildings to be constructed by the Administrator, except that the Administrator and the United States Postal Service must approve buildings designed for post office purposes.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206; Pub. L. 109–284, §6(23), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8105 40:128. June 14, 1946, ch. 404, §8, 60 Stat. 258.

The words "On and after June 14, 1946" are omitted as obsolete. The words "National Capital Planning Commission" are 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. The words "Administrator of General Services" are substituted for "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "constructed by the Administrator" are substituted for "constructed by the Public Buildings Administration" [subsequently changed to "constructed by the General Services Administration" because of section 103(a)] because of section 101(b) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title. The words "United States Postal Service" are substituted for "Postmaster General" because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).


Editorial Notes

Amendments

2006Pub. L. 109–284 substituted "post office" for "post-office".

§8106. Buildings on reservations, parks, or public grounds

A building or structure shall not be erected on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8106 40:68. Aug. 24, 1912, ch. 355, §1 (10th par. on p. 444), 37 Stat. 444.

The words "On and after August 24, 1912" are omitted as obsolete.

§8107. Advertisements and sales in or around Washington Monument

Except on the written authority of the Director of the National Park Service, advertisements of any kind shall not be displayed, and articles of any kind shall not be sold, in or around the Washington Monument.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8107 40:43. Mar. 4, 1909, ch. 299, §1 (proviso in 2d par. on p. 997), 35 Stat. 997.

The words "Director of the National Park Service" are substituted for "Secretary of War" [subsequently changed to "Director of Public Buildings and Public Parks of the National Capital["] because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)] because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389).

§8108. Use of public buildings for public ceremonies

Except as expressly authorized by law, public buildings in the District of Columbia (other than the Capitol Building and the White House), and the approaches to those public buildings, shall not be used or occupied in connection with ceremonies for the inauguration of the President or other public functions.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8108 40:31. Apr. 28, 1902, ch. 594, [§] 1 (last par. on p. 152), 32 Stat. 152.

The words "in any manner whatever" are omitted as unnecessary.