[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
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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
