CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT

Title 40 > CHAPTER 67

Sections (12)

§ 6701 Transfer of rights and authorities of Pennsylvania Avenue Development Corporation

(a) In General.— The Administrator of General Services— may make and perform transactions with an agency or instrumentality of the Federal Government, a State, the District of Columbia, or any person as necessary to carry out the trade center plan at the Federal Triangle Project; and has all the rights and authorities of the former Pennsylvania Avenue Development Corporation with regard to property transferred from the Corporation to the General Services Administration in fiscal year 1996.

(b) Use of Amounts and Income.— The Administrator may use amounts transferred from the Corporation or income earned on Corporation property for activities associated with carrying out the responsibilities of the Corporation transferred to the Administrator. Any income earned after October 1, 1998 , shall be deposited to the Federal Buildings Fund to be available for the purposes authorized under this subchapter, notwithstanding section 592(c)(1) of this title . Any amounts or income the Administrator considers excess to the amount needed to fulfill the responsibilities of the Corporation transferred to the Administrator shall be applied to any outstanding debt the Corporation incurred when acquiring real estate, except debt associated with the Ronald Reagan Building and International Trade Center.

(c) Payment to District of Columbia.— With respect to real property transferred from the Corporation to the Administrator under section 6702 of this title , the Administrator shall pay to the District of Columbia government, in the same way as previously paid by the Corporation, an amount equal to the amount of real property tax which would have been payable to the government beginning on the date the Corporation acquired the real property if legal title to the property had been held by a private citizen on that date and during all periods to which that date relates.

§ 6702 Transfer and assignment of rights, title, and interests in property

(a) In General.— As provided in this section, the General Services Administration, the National Capital Planning Commission, and the National Park Service have the rights, title, and interest of the Pennsylvania Avenue Development Corporation in and to all leases, covenants, agreements, and easements the Corporation executed before April 1, 1996 , in carrying out its powers and duties under the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat. 1266 ) and the Federal Triangle Development Act ( Public Law 100–113 , 101 Stat. 735 ). The Administration has the rights, title, and interest of the Corporation in and to all property held in the name of the Corporation, except as provided in subsection (c).

(b) General Services Administration.— The responsibilities of the Corporation transferred to the Administration under subsection (a) include— the collection of revenue owed the Federal Government as a result of real estate sales or lease agreements made by the Corporation and private parties, including— the Willard Hotel property on Square 225; the Gallery Row project on Square 457; the Lansburgh’s project on Square 431; and the Market Square North project on Square 407; the collection of sale or lease revenue owed the Government from the sale or lease before April 1, 1996 , of two undeveloped sites owned by the Corporation on Squares 457 and 406; the application of collected revenue to repay Treasury debt the Corporation incurred when acquiring real estate; performing financial audits for projects in which the Corporation has actual or potential revenue expectation, as identified in subparagraphs (A) and (B), in accordance with procedures described in applicable sale or lease agreements; the disposition of real estate properties which are or become available for sale and lease or other uses; payment of benefits in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq.) to which persons in the project area squares are entitled as a result of the Corporation’s acquisition of real estate; and carrying out the responsibilities of the Corporation under subchapter III and the Federal Triangle Development Act ( Public Law 100–113 , 101 Stat. 735 ), including responsibilities for managing assets and liabilities of the Corporation under subchapter III and the Act. In carrying out the responsibilities of the Corporation transferred under this section, the Administrator of General Services may— acquire land, improvements, and property by purchase, lease or exchange, and sell, lease, or otherwise dispose of any property, as necessary to complete the development plan developed under section 5 of the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat. 1269 ) if a notice of intention to carry out the acquisition or disposal is first transmitted 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 and at least 60 days elapse after the date of the transmission; modify the plan referred to in subparagraph (A) if the modification is first transmitted 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 and at least 60 days elapse after the date of the transmission; maintain any existing Corporation insurance programs; make and perform transactions with an agency or instrumentality of the Federal Government, a State, the District of Columbia, or any person as necessary to carry out the responsibilities of the Corporation under subchapter III and the Federal Triangle Development Act ( Public Law 100–113 , 101 Stat. 735 ); request the Council of the District of Columbia to close any alleys necessary for the completion of development in Square 457; and use all of the amount transferred from the Corporation or income earned on Corporation property to complete any pending development projects.

(c) National Park Service.— The National Park Service has the right, title, and interest in and to the property located in the Pennsylvania Avenue National Historic Site, including the parks, plazas, sidewalks, special lighting, trees, sculpture, and memorials, depicted on a map entitled “Pennsylvania Avenue National Historic Park”, dated June 1, 1995 , and numbered 840–82441. The map shall be on file and available for public inspection in the offices of the Service. The Service is responsible for management, administration, maintenance, law enforcement, visitor services, resource protection, interpretation, and historic preservation at the Site. The Service may— make transactions with an agency or instrumentality of the Government, a State, the District of Columbia, or any person as considered necessary or appropriate for the conduct of special events, festivals, concerts, or other art and cultural programs at the Site; or establish a nonprofit foundation to solicit amounts for those activities. Jurisdiction of Pennsylvania Avenue and all other roadways from curb to curb remains with the District of Columbia but vendors are not permitted to occupy street space except during temporary special events.

(d) National Capital Planning Commission.— The National Capital Planning Commission is responsible for ensuring that development in the Pennsylvania Avenue area is carried out in accordance with the Pennsylvania Avenue Development Corporation Plan—1974.

§ 6711 Definition

In this subchapter, the term “development area” means the area to be developed, maintained, and used in accordance with this subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat. 1266 ) and is the area bounded as follows: Beginning at a point on the southwest corner of the intersection of Fifteenth Street and E Street Northwest; thence proceeding east along the southern side of E Street to the southwest corner of the intersection of Thirteenth Street and Pennsylvania Avenue Northwest; thence southeast along the southern side of Pennsylvania Avenue to a point being the southeast corner of the intersection of Pennsylvania Avenue and Third Street Northwest; thence north along the eastern side of Third Street to the northeast corner of the intersection of C Street and Third Street Northwest; thence west along the northern side of C Street to the northeast corner of the intersection of C Street and Sixth Street Northwest; thence north along the eastern side of Sixth Street to the northeast corner of the intersection of E Street and Sixth Street Northwest; thence west along the northern side of E Street to the northeast corner of the intersection of E Street and Seventh Street Northwest; thence north along the eastern side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest; thence west along the northern side of F Street to the northwest corner of the intersection of F Street and Ninth Street Northwest; thence south along the western side of Ninth Street to the northwest corner of the intersection of Ninth Street and E Street Northwest; thence west along the northern side of E Street to the northeast corner of the intersection of E Street and Thirteenth Street Northwest; thence north along the eastern side of Thirteenth Street to the northeast corner of the intersection of F Street and Thirteenth Street Northwest; thence west along the northern side of F Street to the northwest corner of the intersection of F Street and Fifteenth Street Northwest; thence north along the western side of Fifteenth Street to the northwest corner of the intersection of Pennsylvania Avenue and Fifteenth Street Northwest; thence west along the southern side of Pennsylvania Avenue to the southeast corner of the intersection of Pennsylvania Avenue and East Executive Avenue Northwest; thence south along the eastern side of East Executive Avenue to the intersection of South Executive Place and E Street Northwest; thence east along the southern side of E Street to the point of beginning. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1196 .)

§ 6712 Powers of other agencies and instrumentalities in the development area

This subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat. 1266 ) do not preclude other agencies or instrumentalities of the Federal Government or of the District of Columbia from exercising any lawful powers in the development area consistent with the development plan described in section 5(a) of the Act ( 86 Stat. 1269 ) or the provisions and purposes of this subchapter and the Act. However, the agency or instrumentality shall not release, modify, or depart from any feature or detail of the development plan without the prior approval of the Administrator of General Services. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1197 .)

§ 6713 Certification of new construction

New construction (including substantial remodeling, conversion, rebuilding, enlargement, extension, or major structural improvement of existing building, but not including ordinary maintenance or remodeling or changes necessary to continue occupancy) shall not be authorized or conducted within the development area except on prior certification by the Administrator of General Services that the construction is, or may reasonably be expected to be, consistent with the carrying out of the development plan described in section 5(a) of the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat. 1269 ). ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1197 .)

§ 6714 Relocation services

(a) Use of District of Columbia Government.— The Administrator of General Services may use the services of the District of Columbia government in the administration of a relocation program pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq.). The Administrator shall reimburse the government for the cost of the services.

(b) Coordination of Relocation Programs.— All relocation services performed by or on behalf of the Administrator shall be coordinated with the District of Columbia’s central relocation programs.

(c) Preferential Rights of Displaced Owners and Tenants.— An owner or tenant of real property whose residence or business is terminated as a result of acquisitions made pursuant to this subchapter or the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat. 1266 ) shall be granted a preferential right to lease or purchase from the Administrator similar real property as may become available for a similar use. The preferential right is limited to the parties in interest and is not transferable or assignable.

§ 6715 Coordination with District of Columbia

(a) Local Needs, Initiative, and Participation.— In carrying out the purposes of this subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat. 1266 ), the Administrator of General Services shall— consult and cooperate with District of Columbia officials and community leaders at the earliest practicable time; give primary consideration to local needs and desires and to local and regional goals and policies as expressed in urban renewal, community renewal, and comprehensive land use plans and regional plans; and foster local initiative and participation in connection with the planning and development of projects.

(b) Compliance With Local Requirements.— To the extent the Administrator constructs, rehabilitates, alters, or improves any project under this subchapter, the Administrator shall comply with all District of Columbia laws, ordinances, codes, and regulations. Section 8722(d) of this title applies to all construction, rehabilitation, alteration, and improvement of all buildings by the Administrator under this subchapter. Construction, rehabilitation, alteration, and improvement of any project by non-Federal Government sources is subject to the District of Columbia Official Code and zoning regulations.

§ 6716 Reports

(a) Reports to President and Congress.— The Administrator of General Services shall transmit comprehensive and detailed reports of the Administrator’s operations, activities, and accomplishments under this subchapter to the President and Congress. The Administrator shall transmit a report to the President each January and to the President and Congress at other times that the Administrator considers desirable.

(b) Protection and Enhancement of Significant Historic and Architectural Values.— A report under subsection (a) shall include a detailed discussion of the actions the Administrator has taken in the reporting period to protect and enhance the significant historic and architectural values of structures within the boundaries of the Administrator’s jurisdiction under this subchapter and shall indicate similar actions the Administrator plans to take and issues the Administrator anticipates dealing with during the upcoming fiscal year related to historic and architectural preservation. The report shall indicate the degree to which public concern has been considered and incorporated into decisions the Administrator made relative to historic and architectural preservation.

§ 6731 Definitions

In this subchapter— The term “Federal Triangle development area” means the area bounded as follows: Beginning at a point on the southwest corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest; thence south along the western side of Fourteenth Street to the northwest corner of the intersection of Fourteenth Street and Constitution Avenue, Northwest; thence east along the northern side of Constitution Avenue to the northeast corner of the intersection of Twelfth Street and Constitution Avenue, Northwest; thence north along the eastern side of Twelfth Street and Constitution Avenue, Northwest; thence north along the eastern side of Twelfth Street to the southeast corner of the intersection of Twelfth Street and Pennsylvania Avenue, Northwest; thence west along the southern side of Pennsylvania Avenue to the point of beginning. The term “Federal Triangle property” means— the property owned by the Federal Government in the District of Columbia, known as the “Great Plaza” site, which consists of squares 256, 257, 258, parts of squares 259 and 260, and adjacent closed rights-of-way as shown on plate IV of the King Plats of 1803 located in the Office of the Surveyor of the District of Columbia; and except for purposes of section 6733(a) of this title , any property the Pennsylvania Avenue Development Corporation acquired under section 3(b) of the Federal Triangle Development Act ( Public Law 100–113 , 101 Stat. 736 ). ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1198 .)

§ 6732 Federal Triangle development area

The Federal Triangle development area is deemed to be part of the development area described in section 6711 of this title . The Administrator of General Services has the same authority over the Federal Triangle development area as over the development area described in section 6711. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1199 .)

§ 6733 Federal Triangle property

(a) Title.— Title to the Federal Triangle property reverts to the Administrator of General Services not later than the date on which ownership of the Ronald Reagan Building and International Trade Center vests in the Federal Government.

(b) Nonapplicability of Certain Laws.— For purposes of development of the Federal Triangle property, the person selected to develop the property is not subject to any state or local law relating to building permits and inspection. The property and improvements to the property are not subject to real and personal property taxation or to special assessments.

§ 6734 Ronald Reagan Building and International Trade Center

(a) Establishment and Designation.— The building constructed on the Federal Triangle property shall be known and designated as the Ronald Reagan Building and International Trade Center.

(b) Title.— The person selected to develop the Federal Triangle property may own the Building for not more than 35 years from the date construction of the Building began. The title to the Building shall be in the Administrator of General Services from the date title to the Federal Triangle property reverts to the Administrator.

(c) Limitations.— The Building (including parking facilities) may not exceed 3,100,000 gross square feet in size. The height of the Building shall be compatible with the height of surrounding Federal Government buildings. The Building shall— be designed in harmony with historical and Government buildings in the vicinity; reflect the symbolic importance and historic character of Pennsylvania Avenue and the Nation’s Capital; and represent the dignity and stability of the Government.

(d) Construction Standards.— The Building shall meet all standards applicable to construction of a federal building.

(e) Accounting System.— The Administrator shall maintain an accounting system for operation and maintenance of the Building which will allow accurate projections of the dates and cost of major repairs, improvements, reconstructions, and replacements of the Building and other capital expenditures on the Building. The Administrator shall act as necessary to ensure that amounts are available to cover the projected cost and expenditures.

(f) Lease of Building.— Under an agreement with the person selected to construct the Ronald Reagan Building and International Trade Center, the Administrator shall lease the Building for federal office space and the international cultural and trade center space. The agreement includes at a minimum the following: The Administrator will lease the Building for the period of time that the person selected to construct the Building owns the Building. The rental rate per square foot of occupiable space for all space in the Building will be in the best interest of the Government and will carry out the objectives of this subchapter and the Federal Triangle Development Act ( Public Law 100–113 , 101 Stat. 735 ). The aggregate rental rate for all space in the Building shall produce an amount at least equal to the amount necessary to amortize the cost of development of the Federal Triangle property over the life of the lease. Obligation of amounts from the Federal Building Fund shall only be made on an annual basis to meet lease payments. Amounts may be obligated as described in paragraph (2)(C).