---
kind: "section"
citation: "20 U.S.C. § 76q–1"
title: "20"
title_heading: "Education"
number: "76q–1"
heading: "John F. Kennedy Center Plaza"
release: "119-102"
url: "https://uscodex.org/usc/20/76q-1"
units:
  - "Chapter 3 — Smithsonian Institution, National Museums and Art Galleries"
  - "Subchapter V — John F. Kennedy Center for the Performing Arts"
---

# §76q–1. John F. Kennedy Center Plaza

- (a) **Definitions—** In this section, the following definitions apply:
  - (1) **Air rights—** The term “air rights” means real property interests conveyed by deed, lease, or permit for the use of space between streets and alleys within the boundaries of the [Project](#a-5).
  - (2) **Center—** The term “Center” means the John F. Kennedy Center for the Performing Arts.
  - (3) **Green spaces—** The term “green spaces” means areas within the boundaries of the [Project](#a-5) or affected by the [Project](#a-5) that are covered by grass, trees, or other vegetation.
  - (4) **Plaza—** The term “Plaza” means improvements to the area surrounding the John F. Kennedy [Center](#a-2) building carried out under the [Project](#a-5) and comprised of transportation elements (including roadways, sidewalks, and bicycle lanes) and non-transportation elements (including landscaping, green space, open public space, water, sewer, and utility connections).
  - (5) **Project—** The term “Project” means the [Plaza](#a-4) project, as described in the [TEA–21 report](#a-7), providing for construction of a [Plaza](#a-4) adjacent to the [Center](#a-2) and for improved bicycle, pedestrian, and vehicular access to and around the [Center](#a-2). The term includes planning, design, engineering, and construction of the [Plaza](#a-4), buildings to be constructed on the [Plaza](#a-4), and related transportation improvements and may include any other elements of the Project identified in the [TEA–21 report](#a-7).
  - (6) **Secretary—** The term “Secretary” means the Secretary of Transportation.
  - (7) **TEA–21 report—** The term “TEA–21 report” means the report of the [Secretary](#a-6) submitted to Congress under section 1214 of the Transportation Equity Act for the 21st Century ([20 U.S.C. 76j](/usc/20/76j.md) note; 112 Stat. 204).
- (b) **Responsibilities of the Secretary—**
  - (1) **In general—** The [Secretary](#a-6) shall be responsible for the [Project](#a-5) and may undertake such activities as may be necessary to construct the [Project](#a-5), other than buildings to be constructed on the [Plaza](#a-4), substantially as described in the [TEA–21 report](#a-7).
  - (2) **Planning, design, engineering, and construction—** The [Secretary](#a-6) shall be responsible for the planning, design, engineering, and construction of the [Project](#a-5), other than buildings to be constructed on the [Plaza](#a-4).
  - (3) **Agreements with the Board and other agencies—** The [Secretary](#a-6) shall enter into memoranda of agreement with the [Board](/usc/20/4702.md?p=2) and any appropriate Federal or other governmental agency to facilitate the planning, design, engineering, and construction of the [Project](#a-5).
  - (4) **Consultation with the Board—** The [Secretary](#a-6) shall consult with the [Board](/usc/20/4702.md?p=2) to maximize efficiencies in planning and executing the [Project](#a-5), including the construction of any buildings on the [Plaza](#a-4).
  - (5) **Contracts—** Subject to the approval of the [Board](/usc/20/4702.md?p=2), the [Secretary](#a-6) may enter into contracts on behalf of the [Center](#a-2) related to the planning, design, engineering, and construction of the [Project](#a-5).
  - (6) **Project Team—**
    - (A) **Establishment—** To further construction of the [Project](#a-5), the [Secretary](#a-6) shall establish a [Project](#a-5) Team.
    - (B) **Membership—** The [Project](#a-5) Team shall be composed of the following members:
      - (i) The [Secretary](#a-6) (or the [Secretary](#a-6)’s designee).
      - (ii) The Administrator of General Services (or the Administrator’s designee).
      - (iii) The Chairman of the [Board](/usc/20/4702.md?p=2) (or the Chairman’s designee).
      - (iv) Such other individuals as the [Project](#a-5) Team considers appropriate.
    - (C) **Project Director—** The [Project](#a-5) Team shall have a [Project](#a-5) [Director](/usc/20/9101.md?p=3) who shall be appointed by the [Secretary](#a-6), in consultation with the Administrator of General Services and the Chairman of the [Board](/usc/20/4702.md?p=2). The [Project](#a-5) [Director](/usc/20/9101.md?p=3) shall report directly to the [Project](#a-5) Team.
- (c) **Responsibilities of the Board—**
  - (1) **In general—** The [Board](/usc/20/4702.md?p=2), in consultation with the [Project](#a-5) Team, may undertake such activities as may be necessary to construct buildings on the [Plaza](#a-4) for the [Project](#a-5).
  - (2) **Receipt of transfers of air rights—** The [Board](/usc/20/4702.md?p=2) may receive from the District of Columbia such transfers of [air rights](#a-1) as may be necessary for the planning, design, engineering, and construction of the [Project](#a-5).
  - (3) **Construction of buildings—** The [Board](/usc/20/4702.md?p=2), in consultation with the [Project](#a-5) Team, may construct, with non-appropriated [funds](/usc/20/4702.md?p=3), buildings on the [Plaza](#a-4) for the [Project](#a-5) and shall be responsible for the planning, design, engineering, and construction of the buildings.
  - (4) **Acknowledgment of contributions—**
    - (A) **In general—** The [Board](/usc/20/4702.md?p=2) may acknowledge private contributions used in the construction of buildings on the [Plaza](#a-4) for the [Project](#a-5) in the interior of the buildings, but may not acknowledge private contributions on the exterior of the buildings.
    - (B) **Applicability of other requirements—** Any acknowledgment of private contributions under this paragraph shall be consistent with the requirements of [section 76j(b) of this title](/usc/20/76j.md?p=b).
  - (5) **Approval by Project Team—** Notwithstanding [section 76k(e) of this title](/usc/20/76k.md?p=e), any decision by the [Board](/usc/20/4702.md?p=2) that will significantly affect, as determined by the [Project](#a-5) Team in consultation with the [Board](/usc/20/4702.md?p=2), the scope, cost, schedule, or engineering feasibility of any element of the [Project](#a-5), other than buildings to be constructed on the [Plaza](#a-4), shall be subject to the approval of the [Project](#a-5) Team.
- (d) **Responsibilities of the District of Columbia—**
  - (1) **Modification of highway system—** Notwithstanding any [State](/usc/20/954.md?p=g-4-E) or local law, the Mayor of the District of Columbia, in consultation with the National Capital Planning [Commission](/usc/20/9701.md?p=2) and the [Secretary](#a-6), shall have exclusive authority to amend or modify the permanent system of highways of the District of Columbia as may be necessary to meet the requirements and needs of the [Project](#a-5).
  - (2) **Conveyances—**
    - (A) **Authority—** Notwithstanding any [State](/usc/20/954.md?p=g-4-E) or local law, the Mayor of the District of Columbia shall have exclusive authority to convey or dispose of any interests in real estate (including [air rights](#a-1) or air space as that term is defined by District of Columbia law) owned or controlled by the District of Columbia, as may be necessary to meet the requirements and needs of the [Project](#a-5).
    - (B) **Conveyance to the Board—** Not later than 90 days following the date of receipt of notification from the [Secretary](#a-6) of the requirements and needs of the [Project](#a-5), the Mayor of the District of Columbia shall convey or dispose of to the [Board](/usc/20/4702.md?p=2) without compensation interests in real estate described in [subparagraph (A)](#d-2-A).
  - (3) **Agreements with the Board—** The Mayor of the District of Columbia shall have the authority to enter into memoranda of agreement with the [Board](/usc/20/4702.md?p=2) and any Federal or other governmental agency to facilitate the planning, design, engineering, and construction of the [Project](#a-5).
- (e) **Ownership—**
  - (1) **Roadways and sidewalks—** Upon completion of the [Project](#a-5), responsibility for maintenance and oversight of roadways and sidewalks modified or improved for the [Project](#a-5) shall remain with the owner of the affected roadways and sidewalks.
  - (2) **Maintenance of green spaces—** Subject to [paragraph (3)](#e-3), upon completion of the [Project](#a-5), responsibility for maintenance and oversight of any [green spaces](#a-3) modified or improved for the [Project](#a-5) shall remain with the owner of the affected [green spaces](#a-3).
  - (3) **Buildings and green spaces on the Plaza—** Upon completion of the [Project](#a-5), the [Board](/usc/20/4702.md?p=2) shall own, operate, and maintain the buildings and [green spaces](#a-3) established on the [Plaza](#a-4) for the [Project](#a-5).
- (f) **National highway boundaries—**
  - (1) **Realignment of boundaries—** The [Secretary](#a-6) may realign national highways related to proposed changes to the Northern and Southern Interchanges and the E Street Approach recommended in the [TEA–21 report](#a-7) in order to facilitate the flow of traffic in the vicinity of the [Center](#a-2).
  - (2) **Access to Center from I–66—** The [Secretary](#a-6) may improve direct access and egress between Interstate Route 66 and the [Center](#a-2), including its garages.
- (g) **GAO review—** Until completion of the [Project](#a-5), the Comptroller General shall review the management and oversight of construction of the [Project](#a-5) by the [Board](/usc/20/4702.md?p=2) and report periodically on the results of the review to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

## Source credit

(Pub. L. 85–874, § 12, as added Pub. L. 107–224, § 2(2), Sept. 18, 2002, 116 Stat. 1340; amended Pub. L. 108–410, § 3, Oct. 30, 2004, 118 Stat. 2303.)

## Notes

### Editorial Notes

### References in Text

Section 1214 of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(7), is section 1214 of Pub. L. 105–178, which enacted provisions set out as notes under sections 50 and 76j of this title, section 410eeee–16 of Title 16, Conservation, and section 202 of Title 23, Highways, and enacted provisions listed in a table of National Wildlife Refuges set out under section 668dd of Title 16.

### Prior Provisions

A prior section 12 of Pub. L. 85–874 was renumbered section 13 and is classified to section 76r of this title.

### Amendments

2004—Subsec. (b)(6). Pub. L. 108–410, § 3(a), added par. (6).

Subsec. (c)(1), (3). Pub. L. 108–410, § 3(b)(1), (2), inserted “, in consultation with the Project Team,” after “The Board”.

Subsec. (c)(5). Pub. L. 108–410, § 3(b)(3), added par. (5).

Subsec. (g). Pub. L. 108–410, § 3(c), added subsec. (g).