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

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]

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