Notwithstanding the joint resolution entitled “Joint resolution providing for the construction and maintenance of a National Gallery of Art”, approved March 24, 1937 (50 Stat. 51; 20 U.S.C. § 71 ), the Mayor of the District of Columbia is authorized to use the east 65 feet of the area bounded by 4th Street, Pennsylvania Avenue, 3rd Street, and North Mall Drive Northwest, in the District of Columbia for the construction and maintenance of a vehicular tunnel, on condition that after such construction is completed:

(1) The surface thereof is maintained at its original grade;

(2) No portion of the tunnel, including ventilating equipment and utilities, is nearer the surface than 8 feet; and

(3) The surface ingress and egress to such property is not limited.

(July 21, 1964, 78 Stat. 334, Pub. L. 88-381, § 7.)

1981 Ed., § 9-141.

1973 Ed., § 9-145.

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.