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B-197200 1 (1980-01-07)

handle is hein.gao/gaobadset0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. Z0548 B-197200 January'7, 1980 The Honorable Fortney H. Stark. House of Representatives Dear M~r. Stark:. This is in response to a recent letter from your office requesting on your behalf our answers to the following question: Is it a violation of the District of Columbia Home Rule Act (Self-Government Act) for the City Council (Council) to have enacted legislation affecting the location of foreign chanceries in the District? Your reference is to Bill 3-47, called The Location of Chanceries Act of 1979. The enactment would amend D.C. Code §5-418(c). You asked that we expedite our response so that you would have it available for congressional debate on the Resolution to disapprove the District's enactment. Therefore, we have not been able to give this matter as much consideration as we would like. However, we hope the following will be of assistance to you. We believe that both the letter and the spirit of the District of Columbia Self-Government and Governmental Reorganization Act, Pub. L. No. 93-198 (1975), preclude the Council from enacting a law which interferes with the Federal/international character of the District. The law in question would limit the areas in which foreign governments could locate official missions in the District of Columbia. Prescribing or limiting the location of chanceries is in our view a zoning and planning function subject to the limitations in the Self-Govern- ment Act. Section 492 of the Act vests all zoning authority in the District Zoning Commission created by the Act. The Zoning Commission consists of the Architect of the Capitol, the Director of the National Park Service and three members appointed by the Mayor and confirmed by the Council. Thus, both Federal and District interests are represented on the Commission, but Federal interests are not represnted on the Council. While the Self-Govern- ment Act is intended to give the District Government substantial authority over local land use planning, the Federal interest is further protected through the functions of the National Capital Planning Commission (NCPC). The planning provisions of section 203 of the cited Act were enacted for the purpose of preserving NCPC's role and this statutory provision is be- yond the amendatory authority of the Council. Section 203(a) of the Act vests ultimate authority in NCPC to bar adoption by the District of any . . ... ... 7 ':

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