District of Columbia Anacostia Waterfront Act of 2003
Enrolled Version, DC Act 15-527
Bill 15-616

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AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To establish the Anacostia Waterfront Corporation as a corporate body and independent instrumentality of the District government responsible for the development, redevelopment, and revitalization of the lands adjacent to the Anacostia River and associated waterways and for the environmental restoration of the Anacostia River and associated waterways; to amend the National Capital Corporation Act of 1998 to specify the distribution of income between the National Revitalization Capital Corporation, the RLA Revitalization Corporation, and the District; and to amend the Confirmation Act of 1978 to make conforming amendments.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Anacostia Waterfront Corporation Act of 2004”.

TITLE I. ANACOSTIA WATERFRONT CORPORATION 

SUBTITLE A. DEFINITIONS.

Sec. 101. Definitions.

For the purposes of this title, the term:

(1)(A) “Anacostia Waterfront” means:

(i) Interstate 395 and all rights of way of Interstate 395, except for the portion of Interstate 95 that is north of E Street, N.W. or N.E.;

(ii) All land, including federal, District, and privately-owned land, between the portion of Interstate 395 that is south of E Street, N.W., or N.E., and the Washington Channel;

(iii) All land, including all federal, District, and privately-owned land, between the portion of Interstate 395 that is south of E Street, N.W. or N.E., and the Anacostia River;

(iv) The portion of Interstate 295 that is north of the Anacostia River and all rights of way of that portion of Interstate 295;

(v) All land, including federal, District, and privately-owned land, between the portion of Interstate 295 that is north of the Anacostia River and the Anacostia River;

(vi) The portion of the Anacostia Freeway that is north or east of the intersection of the Anacostia Freeway and Defense Boulevard and all rights of way of that portion of the Anacostia Freeway;

(vii) All land, including federal, District, and privately-owned land, between the portion of the Anacostia Freeway described in sub-subparagraph (vi) of this subparagraph and the Anacostia River;

(viii) All land, including federal, District, and privately-owned land, that is adjacent to the Anacostia River, and designated as parks, recreation, and open space on the District of Columbia Generalized Land Use Map dated January 2002, except for land that is:

(I) North of New York Avenue, N.E.;

(II) East of the Anacostia Freeway;

(III) Contiguous to the portion of the Suitland Parkway that is south of Martin Luther King Jr. Avenue;

(IV) South of a line drawn along, and as a continuation both east and west of, the center line of the portion of Defense Boulevard between Brookley Avenue, S.W., and Mitscher Road, S.W.;

(ix) All land, including federal, District, and privately-owned land, but excluding Eastern High School, that is:

(I) Adjacent to the land described in sub-sub paragraph (vi) of this subparagraph;

(II) West of the Anacostia River; and

(III) Designated as a local public facility on the District of Columbia Generalized Land Use Map;

(x) All land, including federal, District, and privately-owned land, that is:

(I) South or east of the portion of Potomac Avenue, S.E., between I-295 and 19th Street, S.E.; and

(II) West or north of the Anacostia River;

(xi) The portion of the Anacostia River within the District; and

(xiii) The Washington Channel.

(B) For the purposes of advocacy, technical assistance, and liaison with the federal government only, the term “Anacostia Waterfront” also means the area bounded by the Potomac River to the south; the Key Bridge to the west; the northern edge of the northern sidewalk of Water Street, N.W., to the north; and the eastern edge of the eastern sidewalk of Wisconsin Avenue, N.W., to the east.

(2) “Board” means the Board of Directors of the Corporation.

(3) “Bonds” means revenue bonds, refunding bonds, notes, or other obligations that may be issued by the Corporation under the provisions of this title. 

(4) “Chair” means the Chair of the Board.

(5) “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia.

(6) “Code” means the Internal Revenue Code of 1986 and any successor thereto.

(7) “Corporation” means the Anacostia Waterfront Corporation.

(8) “Development costs” means all costs and expenses incurred in the purchase, acquisition, protection, financing, construction, expansion, reconstruction, restoration, rehabilitation, repair, interpretation, furnishing, equipping, and operation of an eligible project, including:

(A) The purchase or lease of land, structures, real property, personal property, rights, rights-of-way, roads, franchises, easements, and interests that are acquired or used for or in connection with an eligible project;

(B) The costs and expenses of demolishing or removing buildings or structures in connection with an eligible project;

(C) The costs and expenses of acquiring lands to which buildings or structures may be moved or relocated in connection with an eligible project;

(D) Utility lines, structures for the delivery of utilities, and equipment charges;

(E) Interest costs and expenses incurred before and during construction of an eligible project;

(F) Interest costs and expenses incurred during the operation of an eligible project;

(G) Reserves for principal and interest for extensions, enlargements, additions, improvements, and extraordinary repairs and replacements;

(H) Architectural, engineering, design, consulting, financial, and legal services;

(I) Fees for letters of credit, bond insurance, debt service reserve insurance, surety bonds, or similar credit or liquidity enhancement instruments;

(J) Costs and expenses of studies, plans, surveys, analyses, and estimates of expenses and revenues in connection with an eligible project;

(K) Costs and expenses of issuing bonds;

(L) Costs and expenses of determining the feasibility and fiscal impact of financing the acquisition, construction, or development of an eligible project;

(M) Initial working capital;

(N) Proper allowance for contingencies; and 

(O) Other forms of assistance.

(9) “District government” means the government of the District of Columbia. 

(10) “Eligible project” means a project within the Anacostia Waterfront that furthers the purposes of this title and is eligible for assistance under this title.

(11) “Enhanced services” means, with respect to an area within the District, services of a generally public nature, including the capital costs and operating expenses related to the services, supplementing or in addition to those normally performed or provided by the District government within or benefiting the area. The term “enhanced services” includes:

(A) Public safety and personal security;

(B) Fire protection;

(C) Waste and trash removal;

(D) Lighting of public rights-of-way and grounds; 

(E) Public transportation;

(F) Cleaning and clearing of streets, sidewalks, and public grounds;

(G) Cleaning, painting, repairing, and replacing of public signs, street and park furniture, fountains, rest areas and rest rooms, kiosks, waste receptacles, barriers, and lighting fixtures;

(H) Repairing, replacing, and marking curbs, gutters, pedestrian ramps, walkways, and parking areas;

(I) Traffic control;

(J) Developing standards and designs for, and assistance with, streetscape and storefront improvements; and

(K) Designing, specifying, installing, planting, removing, maintaining, and replacing landscaping.

(12) “Home Rule Act” means the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; D.C. Official Code §1-201.01 et seq.).

SUBTITLE B. ESTABLISHMENT OF ANACOSTIA WATERFRONT CORPORATION; PURPOSES; GENERAL POWERS.

Sec. 102. Establishment of the Corporation; purposes.

(a) The Anacostia Waterfront Corporation is established as a corporate body and independent instrumentality of the District to effectuate public purposes provided for in this title, but with a legal existence separate from that of the District government.

(b) The general purposes of the Corporation are to:

(1) Develop, redevelop, and revitalize the Anacostia Waterfront;

(2) Induce, assist, and facilitate efforts to improve the environmental integrity of waterways within the Anacostia Waterfront;

(3) Promote and advocate for the development, redevelopment, and revitalization of the Anacostia Waterfront;

(4) Aggregate resources for the development, redevelopment, and revitalization of the Anacostia Waterfront;

(5) Induce, assist, facilitate, and coordinate public and private investment in the development, redevelopment, and revitalization of the Anacostia Waterfront;

(6) Represent the District before all federal, regional, state, and District bodies, both public and private, on matters related to the Anacostia Waterfront; and

(7) Implement, induce, assist, facilitate, and coordinate implementation of the Anacostia Waterfront Framework Plan and small area plans within the Anacostia Waterfront.

Sec. 103. Waterfront Framework Plan; consistency with other plans.

(a)(1) The Corporation shall be guided by the Anacostia Waterfront Framework Plan, dated November 2003, as amended or supplemented (“Framework Plan”).

(2) The Corporation may amend or supplement the Framework Plan; provided, that a proposed amendment or supplement shall be:

(A) Made available by the Corporation to the public for a 30-day period of public review and comment;

(B) Submitted to the Council for 45-day period of review, excluding Saturdays, Sundays, legal, holidays, and days of Council recess. If the Council does not approve the proposed resolution within the 45-day period, the proposed resolution and the proposed amendment or supplement to the Framework Plan shall be deemed disapproved.

(b) In implementing the Framework Plan, the Corporation shall:

(1) Work to achieve a fair and equitable balance in bringing benefits to and locating projects within all parts of the Anacostia Waterfront;

(2) Ensure that a substantial investment is made in the revitalization of the portion of the Anacostia Waterfront which is east of the Anacostia River; and

(3) Work to provide for the investment of tax increments and other financial benefits from the development, redevelopment, and revitalization of the Anacostia Waterfront in neighborhoods east of the Anacostia River.

(c) The Corporation shall act in a manner consistent with the Framework Plan and any small area plan approved by the Council for an area within the Anacostia Waterfront, and not inconsistent with the Comprehensive Plan of the District.

Sec. 104. General powers of the Corporation.

(a) Notwithstanding any other provision of District law, the Corporation shall have the power to:

(1) Have succession until dissolved as provided in section 132;

(2) Sue and be sued, and complain and defend in its own name;

(3) Adopt, amend, and repeal bylaws, rules, procedures, and regulations as it determines appropriate for the governance and administration of its affairs and the conduct of its business;

(4) Establish subsidiary corporations in accordance with section 113 and consistent with the purposes of this title;

(5) Adopt, alter, and use a corporate seal which shall be judicially noticed; provided, that the absence of the seal on any contract or other document shall not affect its validity;

(6) Maintain offices at the place or places in the District it determines appropriate;

(7) Cooperate with any federal or District governmental or quasi-governmental authority;

(8) Act as agent of the District or federal government or their instrumentalities or agencies to undertake development or redevelopment of the Anacostia Waterfront as delegated by these governmental entities;

(9) Take all actions, including contracting with the District or federal government, to facilitate the furnishing, planning, replanning, constructing, installing, opening or closing of streets, roads, alleys, sidewalks, or other places or facilities within the Anacostia Waterfront by the District or federal government;

(10) Take all actions to facilitate the acquisition by the District or the federal government of property options or property rights or to furnish property or services in connection with an eligible project;

(11) Take all actions to facilitate the provision and maintenance of parks, recreational centers, schools, sewerage, transportation, water and other municipal facilities adjacent to or in connection with an eligible project, including contracting with the District or federal government;

(12) Facilitate the planning, re-planning, zoning, or rezoning by the District government of an area within the Anacostia Waterfront;

(13) Assemble, purchase, obtain options on, or acquire by gift, grant, bequest, devise or otherwise, any real or personal property or any interest in real or personal property from any person, firm, authority, municipality or government;

(14) Pursuant to the provisions of this title, acquire by eminent domain real property within the Anacostia Waterfront;

(15) Own, hold, clear, improve, redevelop, rehabilitate, alter, and manage real property within the Anacostia Waterfront;

(16) Pursuant to the provisions of this title, sell, lease or otherwise transfer any real property included as a part of an eligible project;

(17) Procure insurance or guarantees from the District or federal government of the payment of any debts or parts of the debts incurred by the Corporation, and pay premiums in connection therewith;

(18) Borrow from private lenders, the District or federal government, or any other person funds necessary for the operation of the Corporation;

(19) Invest funds held in reserves or sinking funds or any funds not required for immediate disbursement in such investments as may be lawful for executors, administrators, guardians, trustees, and other fiduciaries;

(20) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the Corporation;

(21) Consistent with the provisions of this title, hire employees necessary or desirable to fulfill the purposes of the Corporation and fix and adjust their compensation;

(22) Consistent with the provisions of this title, contract with the District or federal government for the services of either of their employees;

(23) Engage experts, including advisers, consultants, legal counsel, accountants, general agents, and fiscal agents to aid the Corporation in carrying out the purposes of this title, and fix and adjust their compensation;

(24) Receive grants, appropriations, pledged revenues, or other funds from the District or federal government or instrumentality thereof;

(25) Pursuant to the provisions of this title, make, directly or indirectly, secured or unsecured loans to any purchaser or owner of an eligible project to finance the purchase, construction, rehabilitation, demolition or equipping of an eligible project;

(26) Pursuant to the provisions of this title, make loans to or deposits with any financial institution, with or without requiring collateral security, to enable the financial institution to finance the acquisition, construction, rehabilitation, or equipping of an eligible project; receive interest on deposits with the financial institution; purchase and hold notes or other obligations secured by mortgages, deeds of trust, or security interests in eligible projects or property used as additional security; sell, assign, pledge, or encumber any security, including mortgages or other security agreements held by, granted, or received for the financing of eligible projects; and grant the security, or any rights or remedies related to the security, to any trustee;

(27) Charge and collect fees or charges determined by the Corporation to be appropriate in connection with assistance and enhanced services provided by the Corporation;

(28) Pursuant to the provisions of this title, issue bonds and secure their payment or any part thereof by pledge, mortgage, or deed of trust of all or any part of the property, revenues, or receipts of the Corporation; make agreements with the purchasers or holders of the bonds or others in connection with the bonds, whether issued or to be issued; provide for the security of the bonds by mortgage, pledge or otherwise; and provide for the security of the rights of bond holders;

(29) Settle, adjust, and compromise, and with or without consideration or benefit to the Corporation, release or waive in whole or in part, in advance or otherwise, any claim, demand, or right of, by, or against the Corporation;

(30) Indemnify or insure Board members and officers of the Corporation as it determines appropriate;

(31) Reimburse the reasonable removal expenses of any persons who have been displaced as a result of any other government activities related to the development or redevelopment of an eligible project or any activities of the Corporation in accordance with section 209 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, effective January 2, 1971 (84 Stat. 1899; D.C. Official Code § 6-333.01);

(32) Purchase insurance or self-insure against any loss in connection with its property, other assets, or other risks in amounts from insurers as it deems appropriate;

(33) Establish advisory committees or working groups of Board members, professionals, and citizens to aid the Corporation in carrying out the purposes of this title;

(34) Solicit, apply for, accept, receive, hold, administer, use, and dispose of gifts, bequests, donations, grants, trusts, or subsidies of money, services, or property (real, personal, or mixed) from any source to aid the Corporation in carrying out the purposes of this title;

(35) Provide assistance to the District government through information, advice, guidelines, and suggestions for implementing, reorganizing, realigning, or improving programs and services of the District government;

(36) Prepare, publish, and distribute, with or without charge, studies, plans, reports, bulletins, manuals, maps, data, solicitations, promotional products, management software, and other materials relating to the development or redevelopment of an eligible project;

(37) Form or join associations, partnerships, or joint ventures;

(38) Provide enhanced services in connection with eligible projects;

(39) Provide, by vote of the Board, grants or other assistance for the development costs of eligible projects, directly or in participation with any applicant, financial institution, fund, person, or other private or public source of financing, including any department, agency, office, or instrumentality of the federal or District government, and enter into any contract, agreement, or commitment of assistance that the Board determines appropriate;

(40) Take all actions and do all things necessary or convenient to carry out the functions of the Corporation that are not inconsistent with applicable federal or District laws; and

(41) Exercise any other power usually possessed by, and incident to, public enterprises performing similar functions or private business organizations organized under the business laws of the District, respectively, to the extent that the exercise of such powers is not inconsistent with applicable federal or District law or the purposes of this title.

(b) The powers conferred by this title are for public uses and purposes for which public powers may be employed, public funds may be expended, and the power of eminent domain and the police power may be exercised. The granting of such powers is necessary and in the public interest.

SUBTITLE C. BOARD OF DIRECTORS; OFFICERS AND EMPLOYEES.

Sec. 105. Board of Directors — establishment; powers; membership; terms; delegation; compensation.

(a) The powers of the Corporation shall be vested in a Board of Directors which shall consist of the following 12 members:

(1)(A) Seven public citizen voting Board members appointed by the Mayor with the advice and consent of the Council, in accordance with section 2 of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code §1-523.01). The nomination of each public citizen Board member shall be submitted to the Council for a 60-day period of review, excluding days of Council recess. If the Council does not approve the nomination by resolution within this 60-day review period, the nomination shall be deemed disapproved.

(B) Each public citizen Board member shall be an individual who:

(i) Has demonstrated knowledge of, and competence in, business or entrepreneurial development, labor issues, environmental issues, commercial or residential development, real estate finance or management, community-based redevelopment policies or activities, public management or administration, personnel or procurement administration, municipal finance or law, banking, or finance;

(ii) Is not an officer or employee of the federal government or the District government; and

(iii) Maintains a primary residence in the District throughout the term of the member’s incumbency on the Board.

(C) One public citizen Board member shall be selected from the members of the Board of Directors of the National Capital Revitalization Corporation ('NCRC"). A member appointed under this subparagraph shall serve on the Board only during the member's incumbency on the Board of the NCRC.

(D) At least 2 public citizen Board members shall be persons who reside east of the Anacostia River.

(2) Two ex-officio voting Board members who shall be:

(A) The Mayor, or a designee of the Mayor, who shall be a District resident; and

(B) The Chief Financial Officer, or a designee of the Chief Financial Officer, who shall be a District resident; and

(3) Three ex- officio non-voting Board members who shall be:

(A) The Chairman of the National Capital Planning Commission, or a designee of the Chairman;

(B) The Secretary of the United States Department of the Interior, or a designee of the Secretary; and

(C) The Administrator of the United States General Services Administration, or a designee of the Administrator.

(b) Board members shall serve their terms in office as follows:

(1) Each public citizen Board member shall be appointed to a term of 5 years, except that the terms of the first 5 public citizen Board members shall be staggered so that the terms of 2 members expire 5 years after the date of appointment, the term of one member expires 4 years after the date of appointment, and the term of 2 other members expire 3 years after the date of appointment.

(2) The ex-officio Board members shall serve by virtue of their incumbency in their government offices.

(3) A public citizen Board member appointed to fill a vacancy occurring before the end of the term to which that member’s predecessor was appointed shall be appointed only for the remainder of the term.

(4) Any public citizen Board member may resign by filing a notice of resignation with the Corporation.

(5) When necessary, the Mayor shall remove a public citizen Board member for inefficiency, neglect of duty, malfeasance in office, or conduct bringing disrespect to or impugning the character of the Board or the Corporation.

(c) The Mayor may reappoint a public citizen Board member.

(d) A vacancy on the Board shall be filled in the same manner in which the original appointment was made.

(e) No public citizen Board member may delegate his or her duties to any other person.

(f) Board members shall serve without compensation for their membership and may receive travel, per diem, and other actual, reasonable, and necessary expenses incurred in the performance of their official duties as Board members to the same extent as employees of the District government classified at a grade 15, step 1 of the District Services (“DS”) Salary Schedule for Non-Union Employees. No Board member shall receive more than $10,000 in any calendar year.

Sec. 106. Board of Directors — officers; bylaws and procedures.

(a) The Board shall elect a Chair from among its voting members; provided, that the Mayor shall appoint the initial Chair and the appointment shall be subject to the review and approval of the Council by resolution. The Chair shall serve for a term of 2 years from the date of election or appointment and preside over all meetings of the Board.

(b) The Board shall elect a Vice Chair from among its voting members. The Vice Chair shall serve for a term of 2 years from the date of election and preside over meetings of the Board in the absence of the Chair.

(c) The Board may elect or the Chair may appoint other officers of the Board as the Board determines appropriate. The officers shall be District residents. The officers shall have duties, not inconsistent with this title, as provided in the bylaws of the Corporation or as otherwise determined by the Board.

(e) As soon as practicable after appointment or designation of a majority of its members, the Board shall adopt bylaws to govern its affairs and the conduct of its business.

Sec. 107. Board of Directors — quorum; meetings.

(a) A majority of voting Board members designated or appointed under section 105 shall constitute a quorum for the conduct of business; provided, that a quorum shall consist of not less than 4 of these voting Board members.

(b) The Board shall meet at the times specified in its bylaws, which shall not be less than quarterly each year, and at other times at the call of the Chair or as provided in the bylaws.

(c) All meetings of the Board at which official action is to be taken shall be open to the public; except, the Board may close a meeting to the public when the Board is discussing:

(1) Personnel matters;

(2) Communications with legal counsel or attorney work-product; 

(3) Transactions currently in negotiation;

(4) Agreements containing confidentiality requirements;

(5) Pending litigation;

(6) Pending matters involving formal proceedings for enforcement of the Board’s bylaws, rules, or regulations; or

(7) Information the disclosure of which may constitute a violation of law.

(d)(1) Minutes shall be recorded, and subject to paragraph (3) of this subsection, shall be made reasonably available for examination by Board members, members of the Council, and members of the public at convenient hours on business days that shall be set and announced for general knowledge.

(2) Upon request, a Board member or member of the Council shall, subject to paragraph (3) of this subsection, be provided a copy of the books, records, or minutes of the Board.

(3) The Board may withhold from examination or copying by a Board member or any other person books, records, and minutes regarding:

(A) Personnel matters;

(B) Communications with legal counsel or attorney work-product; 

(C) Transactions currently in negotiation; 

(D) Agreements containing confidentiality requirements; 

(E) Pending litigation;

(F) Pending matters involving formal proceedings for enforcement of the Board’s bylaws, rules, or regulations; or

(G) Information the disclosure of which may constitute a violation of law.

Sec. 108. Officers and employees; personnel system; compensation; benefits.

(a) The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.) shall not apply to employees of the Corporation, except as otherwise provided in this title.

(b)(1) The Corporation shall establish for all employees, including the chief executive officer and all other officers, a personnel system and adopt written rules and procedures relating to employment matters including appointments, compensation, leave, workers’ compensation, employee education and training, promotions, retirement, voluntary and involuntary separations, and other adverse actions. This personnel system and these written rules and procedures shall be submitted to the Council as a proposed resolution for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve the proposed resolution within the 45-day period, it shall be deemed disapproved.

(2) Once the Council has approved the personnel system with its written rules and procedures, any compensation for the chief executive officer or other officer or employee of the Corporation that exceeds the compensation range for salary, benefits, and retirement established in the Corporation's personnel system shall be submitted to the Council as a proposed resolution for a 45-day period of review excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve the proposed resolution within the 45-day period, it shall be deemed disapproved.

(c)(1) The Board shall fix, adjust, and administer the compensation and benefits of the chief executive officer; provided, that the Mayor may fix, adjust, and administer the initial compensation and benefits of the initial chief executive officer. The Board may terminate the employment of the chief executive officer, including the initial chief executive officer.

(2) The Board may fix, adjust, and administer the compensation and benefits for the chief financial officer, the general counsel, or other officer of the Corporation or may delegate to the chief executive officer the authority to fix, adjust, and administer the compensation and benefits for the chief financial officer, the general counsel, or other officer of the Corporation.

(3) Except as provided in paragraphs (1) and (2) of this subsection, the chief executive officer shall fix, adjust, and administer the compensation and benefits for all officers and employees of the Corporation.

(d) The Corporation is authorized to establish and administer its own employment benefits programs for individuals who become employed by the Corporation other than individuals who make an election under subsection (e) of this section.

(e) Each employee of the District government with accrued and vested benefits under health, life, and retirement benefit plans of the District government pursuant to subchapters XXI, XXII, and XXVI of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1621.01-1.621.15, 1-622.01-1-622.14 and 1-626.01-1-626.14), who becomes and remains continuously employed by the Corporation may elect to be treated, for the purposes of these District benefit programs, as if the employee had remained continuously in the employ of the District government with all attendant rights, benefits, and privileges that have accrued to and vested in the employee. Any employee whose employment with the District government is restored, shall be entitled to have that employee’s service with the Corporation treated, for purposes of determining the applicable leave accrual rate and other benefits, as if the service with the Corporation had been with the District government.

(f) An election made under subsection (e) of this section shall not be effective unless it is made before the employee separates from prior service with the District government, and the employee’s service with the Corporation commences within 30-calendar days after so separating (not counting any holiday observed by the District government). If an employee makes an election, the Corporation shall make the same deductions from pay and the same employer contributions for the corresponding programs as would be made if the Corporation were the agency of the District government that employed the employee.

(g) Any regulations necessary to carry out the provisions of subsections (e) and (f) of this section may be promulgated by the Mayor.

(h) No political test or qualification shall be used in selecting, appointing, assigning, promoting, or taking other personnel actions with respect to officers and employees of the Corporation.

Sec. 109. Chief executive officer; additional officers.

(a)(1) Except as provided in paragraph (2) of this subsection, the Board shall appoint a chief executive officer, who shall direct and supervise the general management and administrative affairs of the Corporation under terms and conditions prescribed by the Board.

(2) Prior to the appointment of the initial Board members, the Mayor may appoint the initial chief executive officer; provided, that the Mayor shall submit to the Council a proposed resolution to approve the appointment and the compensation and including benefits of a chief executive officer appointed under this paragraph. If the Council does not approve or disapprove the proposed resolution within 60 days, excluding days of Council recess, the proposed resolution shall be deemed disapproved.

(3) The chief executive officer shall be a resident of the District or shall become a resident within 6 months of his or her hiring date and shall remain a District resident for the duration of his or her employment by the Corporation.

(4) The compensation and benefits of the chief executive officer shall be fixed, adjusted, and administered as set forth in section 108.

(b) The Board may appoint other senior officers as the Board deems necessary or desirable. The chief executive officer may appoint additional officers and employees as he or she determines appropriate, subject to the budget of the Corporation.

Sec. 110. Officers and employees — other government employees; outside services.

(a) Upon the request of the Corporation, the Mayor or the governing officer or body of an instrumentality of the District may by delegation, contract, or agreement direct that personnel or other resources of a District department, office, agency, establishment, or instrumentality be made available to the Corporation on a reimbursable or other paid basis to carry out the Corporation’s duties. Personnel detailed to the Corporation under this subsection shall not be considered employees of the Corporation, but shall remain employees of the department, office, agency, establishment, or instrumentality from which the employee is detailed.

(b) With the consent of an executive agency, department, or independent agency of the federal government, the Corporation may utilize the information, services, staff, and facilities of that department or agency on a reimbursable or other basis.

(c) In carrying out the Corporation’s duties, the Corporation may utilize, to the maximum extent possible, both contract services and pro bono services; provided, that these services shall be itemized in the annual report of the Corporation.

SUBTITLE D. OTHER POWERS AND AUTHORITIES OF THE CORPORATION. 

Sec. 111. Assistance for eligible projects.

(a) The Corporation may, upon the approval of the Board, provide economic assistance for eligible projects through the issuance of bonds under section 116, the making of loans or grants, or in any other manner authorized by this title.

(b) The Corporation and the person receiving the economic assistance shall enter into a written agreement that shall include a description of the eligible project, the purpose of the assistance, and any terms and conditions related to the provision of the economic assistance.

(c) The Corporation shall establish written criteria for approving, disapproving, or taking no action regarding applications for assistance, and for the types and amounts of assistance to be provided to a project.

(d) The criteria established under subsections (b) and (c) of this section shall be consistent with the law authorizing the provision of the assistance.

(e) Council approval for assistance to an eligible project shall be governed by the law authorizing the provision of the assistance.

Sec. 112. Eminent domain.

(a) The Corporation may acquire and assemble land, real property, easements, and other interests in real property through condemnation of property by eminent domain in furtherance of the public purposes of this title, in accordance with D.C. Official Code § 16-1301 et seq. Any exercise of eminent domain power by the Corporation shall require the affirmative vote of a majority of the Board members. The condemnation proceedings shall be brought in the name of the Corporation, and title to the properties shall be taken in the name of the Corporation. The Corporation may not delegate the power of eminent domain to any subsidiary.

(b) Any property acquired through eminent domain under this section shall be located within the Anacostia Waterfront and shall be acquired in connection with an eligible project.

(c) Before condemnation proceedings may be brought by the Corporation, the Corporation shall submit to the Council for a 45-day period of review excluding Saturdays, Sundays, and days of Council recess, a proposed resolution to approve the exercise of eminent domain power. If the Council does not approve or disapprove the proposed resolution in whole or in part within the 45-day period, the proposed resolution shall be deemed disapproved.

Sec. 113. Subsidiaries.

(a) The Corporation may establish one or more for-profit or not-for-profit corporate subsidiaries for, or in connection with, providing any one or more types of assistance authorized by this title, including the administration of capital development, programs, and other activities, and to assist or carry out a project. No subsidiary of the Corporation may have any power that the Corporation does not have. Any contemplated provision of assistance to any person by a subsidiary shall require the approval of the Board.

(b) Prior to establishing a subsidiary under this section, the Corporation shall submit to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess, a proposed resolution to approve the establishment of the subsidiary. If the Council does not approve or disapprove the resolution within the 45-day period, the resolution shall be deemed approved.

(c) In establishing subsidiaries, or in regard to their operations and applications of their income or the Corporation’s income from them, the Corporation shall have regard for avoiding the disqualification of the Corporation as an organization exempt under section 501 of the Code, or as an issuer of bonds, the interest on which is intended to be excluded from gross income under section 103 of the Code in respect of the basic activities of the Corporation.

SUBTITLE D. FINANCIAL AFFAIRS; BONDING AUTHORITY. 

Sec. 114. Establishment of Enterprise Fund.

(a) There is established the Anacostia Waterfront Corporation Enterprise Fund (“Fund”) which shall be operated by the Corporation in accordance with generally accepted accounting principles.

(b) Subject to the provisions made by the Corporation pursuant to this title for security of revenue bonds, all revenues, proceeds, and moneys from whatever source derived which are collected or received by the Corporation shall be credited to the Fund and shall not, at any time, be transferred to, lapse into, or be commingled with the General Fund of the District, the Cash Management Pool, or any other funds or accounts of the District.

Sec. 115. Revolving funds; reserve funds.

(a) The Corporation may establish one or more revolving funds to provide any type of assistance authorized by this title, including the administration of capital development programs and other activities.

(b) Payments received by the Corporation as returns on investment from assistance provided by the Corporation from any revolving fund may be deposited into the revolving fund from which assistance was made or into any other revolving fund established by the Corporation as it determines appropriate, and may be transferred between revolving funds as the Board determines appropriate. Funds received by the Corporation from any other source which are not required to be otherwise disposed of may be deposited into any revolving fund established by the Corporation and transferred between revolving funds as the Board determines appropriate. Funds deposited into any revolving fund established by the Corporation shall be available to the Corporation for assistance under this title, including the involvement of the Corporation in partnerships, joint ventures, or other equity arrangements, and to pay all expenses of the Corporation necessary and incident to furthering the purposes of this title.

(c) The Corporation may establish one or more special or reserve funds in furtherance of the purposes of this title. The Corporation may manage its special or reserve funds.

(d) All authority with respect to funds, revolving funds, and accounts shall be subject to any special provisions made in documents pertaining to outstanding bonds of the Corporation.

(e) Subject to provisions contained in the financing documents pertaining to bonds issued by the Corporation and, notwithstanding other laws, all funds and revenues of the Corporation received by the Corporation from any source that are not required to be disposed of shall be held, administered, and invested by the Corporation as the Board shall direct, or deposited with, and invested by, an institution, trustee, fiduciary, or other custodian designated by the Corporation and disbursed as the Corporation shall direct.

(f) The Corporation shall have the power to contract with the holders of its bonds as to the custody, collection, security, investment, and payment of any monies of the Corporation and of any monies held in trust or otherwise for the payment of bonds.

Sec. 116. Revenue bonds, notes, or other obligations; loans and grants.

(a) In accordance with section 490 of the Home Rule Act, the Council authorizes the Corporation to approve, by resolution of the Board, the issuance of taxable and tax-exempt revenue bonds, including refunding revenue bonds at or before maturity, to provide assistance in financing, refinancing, and reimbursing development costs of eligible projects, and all undertakings authorized pursuant to section 490(a)(1) of the Home Rule Act, that are in furtherance of, and not inconsistent with, the purposes of this title. For those authorized purposes, the Council delegates to the Corporation its authority to issue bonds under section 490, including the powers thereunder to provide for the authorization, security, sale, and issuance of such bonds consistent with this title. This delegation is not exclusive and does not restrict, impair, or supersede the authority otherwise by law in any District instrumentality.

(b) Prior to issuing bonds under this section, the Corporation shall submit to the Council a resolution of eligible project approval accompanied by a summary description of the proposed project and a listing of the public purpose benefits to be derived from the proposed undertaking for a 60-day period of Council review excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution within the 60-day period of review, the proposed resolution shall be deemed approved.

(c) The Board may delegate to the chief executive officer, chief financial officer, or any one or more officers of the Corporation the authority to prescribe the terms and conditions of the bonds, but the Board by its resolution shall provide for the available revenues to be pledged to secure the bonds.

(d) No member of the Board, officer or employee of the Corporation shall be personally liable by reason of the issuance of bonds.

(e) A pledge by the Corporation of available revenues collected by or on behalf of the Corporation as security for an issue of bonds shall be valid and binding from the time the pledge is made. The available revenues and receipts pledged shall immediately be subject to the lien of the pledge without physical delivery or further act, and the lien of any pledge shall be valid and binding against any person having any claim of any kind in tort, contract, or otherwise against the Corporation or the District government irrespective of whether the person has notice. Notwithstanding any other law, the filing or recording of any resolution, trust, agreement, management agreement, financing statement, continuation statement, or other instrument adopted or entered into by the Corporation in any public record is not required in order to perfect the lien against third persons.

(f) The signature of any officer of the Corporation that appears on a bond, including bonds not yet issued or delivered, shall remain valid notwithstanding that person has ceased to hold that office.

(g) The Corporation may secure bonds by a trust agreement between the Corporation and a corporate trustee. A trust agreement of the Corporation may contain provisions for protecting and enforcing the rights and remedies of holders of bonds in accordance with the provisions of the resolution authorizing the sale of bonds, and any other provision which may be included in the bond authorizing resolution under this section.

(h) Subject to preexisting agreements with the holders of bonds, the Corporation may redeem or purchase its own bonds which may then be canceled or reissued.

(i) The Corporation may enter into agreements with agents, banks, insurers, or others for the purpose of enhancing the marketability of or security for its bonds.

(j) Bonds of the Corporation are legal investments in which public officers and public bodies of the District, insurance companies and associations and other persons carrying on an insurance business, banks, bankers, banking institutions, including savings and loan associations, investment companies and other persons carrying on a banking business, administrators, guardians, executors, trustees and other fiduciaries, and other persons authorized to invest in bonds or in other obligations of the District, may legally invest funds, including capital, in their control. The bonds are also securities which legally may be deposited with and received by public officers and public bodies of the District or any agency of the District for any purpose for which the deposit of bonds or other obligations of the District is authorized by law.

(k) Bonds of the Corporation shall not constitute an indebtedness of the District. The bonds of the Corporation are not general obligations of the District and are not secured by a pledge of the full faith and credit of the District and the holders of the Corporation’s bonds may not require the levy or imposition by the District of any taxes or, except as provided in the applicable District law, the application of any District tax receipts, revenues or funds to the payment of those bonds. All bonds issued by the Corporation shall contain on their faces a statement setting forth the qualifications of this subsection.

(l) Bonds issued pursuant to this title shall be special obligations of the Corporation payable and secured solely from and by the sources, property, and assets provided for the purpose pursuant to this title and any related District law and to the extent provided for in the financing documents relating to the bonds.

(m) Regardless of their form or character, bonds of the Corporation are negotiable instruments for all purposes of subtitle I of title 28 of the District of Columbia Official Code, subject only to the provisions of the bonds for registration.

(n) Bonds issued by the Corporation and the interest thereon are exempt from District taxation except estate, inheritance, and gift taxes.

(o) The Corporation may cause any resolution of the Board authorizing bonds referred to in this subsection as a bond resolution, to be filed for public inspection and may thereupon cause to be published in a newspaper of general circulation in the District a notice stating the fact and date of the bond resolution and the place where the bond resolution has been filed for public inspection and also the date of the first publication of that notice. The notice shall also state that any suit, action, or proceeding of any kind or nature in any court questioning the validity or proper authorization of bonds provided for by the bond resolution or the validity of any covenants or agreements provided for by the bond resolution or any financing document securing the bonds authorized by the bond resolution shall be commenced within 20 days after the first publication of that notice. If after the notice is published no suit, action, or proceeding is brought questioning the validity or proper authorization of bonds provided for by the bond resolution referred to in the notice, or the validity of any covenants or agreements provided for by the bond resolution or any financing documents securing the bonds authorized by the notice, then all persons shall be forever barred and foreclosed from instituting or commencing any proceeding questioning the validity or proper authorization of the bonds, or the validity of any covenants and agreements, and the Corporation shall be conclusively deemed to have been authorized to exercise the powers delegated to the Corporation under this title, and the bonds, covenants, and agreements shall be conclusively deemed to be valid and binding obligations of the Corporation as provided in this title.

Sec. 117. District pledges.

The District pledges to the holders of outstanding bonds issued by the Corporation that the District will not limit or alter the rights in the Corporation to fulfill agreements made with holders of the bonds until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders of the bonds are fully met and discharged or fully provided for. The Corporation is authorized to include this pledge of the District in any agreement with the holders of the bonds.

Sec. 118. Tax-exempt status.

(a) Real property owned by the Corporation, or any not-for-profit subsidiary thereof, shall be exempt from taxation; provided, that when the real property is sold or leased by the Corporation or any of its subsidiaries to a person other than the Corporation or any of its subsidiaries, the real property shall be subject to taxation from the date of transfer by the Corporation.

(b) The Corporation, any not-for-profit subsidiary of the Corporation, and their income, property, transactions, and right to do business shall be exempt from any taxation, direct or indirect, within the District, including any sales, use, franchise, gross sales or receipts, income, personal property, transfer, or excise tax.

Sec. 119. No taxing power.

Notwithstanding any other provision of this title, the Corporation shall not have any power to impose, assess and levy any taxes.

Sec. 120. Fiscal year.

The fiscal year of the Corporation shall be the fiscal year of the District government.

SUBTITLE F. RELATION TO OTHER GOVERNMENT ENTITIES.

Sec. 121. Corporation’s review of plans and projects of District agencies.

(a) All plans and projects related to the Anacostia Waterfront that may be developed by the District or an agency or instrumentality of the District (“government entity”) shall be subject to the review and comment of the Corporation.

(b) Written notice shall be given by a government entity to the Corporation at least 30 days prior to approving a plan or implementing a project.

(c) The Corporation may provide comments and recommendations to the government entity within the 30-day period. The comments and recommendations of the Corporation, if any, shall be in writing and shall articulate the basis for the comment or recommendation.

(d) The issues and concerns raised by the Corporation shall be considered during the deliberations by the government entity. Such consideration requires acknowledgement of the Corporation as a source of the recommendations and explicit reference to each of the Corporation’s issues and concerns. In all cases the affected government entity is required to articulate its decision in writing. The written rationale of the decision shall articulate the reasons why the Corporation does or does not offer persuasive advice with respect to each issue and concern raised by the Corporation. Further, the affected government entity is required to support its position on the record.

(e) At the close of the 30-day notice period, the government entity may make its decision. The government entity shall promptly send to the Corporation a copy of its written decision.

(f) The Corporation shall not have the power to initiate a legal action in the courts of the District or in the federal courts regarding the actions of a government entity pursuant to this section; provided, that this limitation does not apply to or prohibit any Board member from bringing suit as a citizen.

Sec. 122. Expedited consideration by other agencies.

The Mayor, the departments, commissions, agencies, and offices of the District government, and the boards of independent District agencies, commissions, establishments, and instrumentalities shall give expedited consideration to applications for licenses, permits, financing, and other approvals of eligible projects for which the Corporation is primarily responsible or to which the Corporation has provided or proposes to provide assistance. Approvals of the licenses, permits, financing, and other applications shall not be denied, withheld, or delayed unreasonably.

SUBTITLE G. RELATION TO OTHER LAWS AND POLICIES. 

Sec. 123. Relation to other laws.

(a) Except as otherwise provided in this title:

(1) No District laws, rules, or orders governing procurement or administrative procedures shall apply to the Corporation, its activities, Board members, or officers or employees of the Corporation, or any subsidiary thereof;

(2) The Corporation and its subsidiaries shall comply with all applicable laws and regulations, including laws and regulations related to zoning, historic preservation, environmental protection, and permitting processes and procedures.

(3) Nothing in this title shall affect the authority of any other agency or instrumentality of the District government.

(b)(1) Any project developed or assisted by the Corporation or a subsidiary thereof shall comply with An Act To provide for voluntary apprenticeship in the District of Columbia, approved May 21, 1946 (60 Stat. 204; D.C. Official Code § 32-1401 et seq. ("Voluntary Apprenticeship Act"); the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Code § 2-219.01 et seq.); and the Hotel Development Projects Labor Peace Agreement Act of 2002, effective April 2, 2003 (D.C. Law 14-266; D.C. Code § 32-851 et seq.).

(2) All developers, contractors, and subcontractors on these projects shall be responsible for complying with the requirements of these laws.

(3) In implementing the Voluntary Apprenticeship Act, there shall be a preference that not less than 30% of the apprenticeship opportunities are designated for residents residing east of the Anacostia River.

Sec. 124. Utilization of local, small, and disadvantaged business enterprises; hiring of District residents.

(a) Notwithstanding any other provision of this title, the Corporation shall exercise its contracting and procurement authority in such a way as to meet the contracting and procurement goals under the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1998, effective April 27, 1999 (D.C. Law 12-268; D.C. Official Code § 2217.01 et seq.).

(b) In contracting with general contractors, developers, or construction managers, and in providing assistance to an eligible project, the Corporation shall require that the general contractor, developer, and construction manager of the eligible project engage in good faith efforts to:

(1) Procure and contract 35% of the dollar volume of its goods and services, including construction goods and services, with local, small, and disadvantaged business enterprises, with a preference for at least 10% of those enterprises located in Ward 8; and

(2) Ensure that at least 51% of the new jobs created in connection with the project are filled by residents of the District, with a preference for at least 20% of those jobs designated for residents in Ward 8.

(c) No later than November 1st of each year, the Corporation shall submit to the Council a report detailing the extent to which it achieved the contracting goals under subsections (a) and (b) of this section in the previous fiscal year.

Sec. 125. Property dispositions.

(a) All disposition of real property by the Corporation, or any subsidiary thereof, shall be subject to the procedures in this section:

(b) Prior to the issuance of an offering document pertaining to the disposition of a property, the Corporation shall submit a proposed resolution to approve the draft offering document to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed resolution within the 45-day period, the proposed resolution shall be deemed approved.

(c) Prior to the disposition of a property pursuant to a method other than an offering document, the Corporation shall submit a proposed resolution to approve the disposition to the Council for a 45-day period of review, excluding days of Council recess. The proposed resolution shall include a description of the proposed method of disposition and relevant documents, if any. If the Council does not approve or disapprove the proposed resolution within the 45-day period, the proposed resolution shall be deemed disapproved.

(d)(1) Approval by the Council of a resolution under subsection (b) or (c) of this section shall expire one year after the effective date of the approval resolution unless an exclusive right agreement has been executed; provided, that if the Corporation determines before the end of the one-year period that an exclusive right agreement will not be executed within the one-year period, the Corporation may submit to the Council no later than 45 days, excluding days of Council recess, before the end of the one-year period a resolution seeking additional time for the execution of the exclusive right agreement. The resolution shall include a report on efforts made toward execution of an exclusive right agreement and the reasons for the inability to execute this agreement within the one-year period.

(2) The proposed resolution shall be subject to a 45-day period of Council review, excluding days of Council recess. If the proposed resolution does not seek more than 2 years of additional time and the Council does not approve or disapprove the resolution within the 45-day period, the resolution shall be deemed approved. If the proposed resolution seeks more than 2 years of additional time and the Council does not approve or disapprove the resolution within the 45-day period, the resolution shall be deemed disapproved.

(e) If an exclusive right agreement is executed pertaining to property to be disposed of under this section, approval by the Council of a resolution under subsection (b) or (c) of this section shall expire one year after the execution of the agreement unless:

(1) A land disposition agreement has been executed, subject to the provisions of this section; or

(2) The Board grants an extension of the expiration date, not to exceed 12 months, which shall be based on a determination that special factors exist justifying the extension such as the need for zoning changes, historic preservation, street and alley closings, abatement of environmental hazards, or taking by eminent domain.

(f) If the Board determines before the end of the 2-year period that no land disposition agreement can be executed within the 2-year period as described in subsection (e) of this section, the Corporation may submit to the Council no later than 30 days, excluding Saturdays, Sundays, legal holidays or days of Council recess, before the end of the 2-year period a resolution seeking additional time for the disposition of the property, which resolution shall include a detailed status report on efforts made toward disposition of the property and the reasons for the inability to dispose of the property within the 2-year period. If the Council does not approve or disapprove the resolution within the 30-day period, the resolution shall be deemed approved.

(g) At least 15 days prior to the execution of a disposition agreement and after at least 15 days public notice, the Corporation shall hold a public hearing on the terms and conditions of the disposition.

SUBTITLE H. MISCELLANEOUS PROVISIONS.

Sec. 126. Rules with respect to gifts, procurement of goods and services, and property dispositions.

(a) The Corporation shall adopt written guidelines, rules, or procedures pertaining to:

(1) Solicitation, acceptance, holding, investment, administration, use, and disposition of gifts, grants, or subsidies of money by the Corporation;

(2) Procurement of goods and services by the Corporation; and

(3) Disposition of property by the Corporation.

(b) The Corporation shall transmit to the Council the written guidelines, rules, or procedures for a period review of 45 days, excluding days of Council recess. If the Council does not adopt a resolution to approve or disapprove the written guidelines, rules, or procedures within the 45-day period, the written guidelines, rules, or procedures shall be deemed disapproved.

(c) The Corporation shall not dispose of its assets or funds to provide gifts or gratuities, or for any purpose that could be construed to be a gift or gratuity to an individual or entity in an amount greater than $100 in any fiscal year.

Sec. 127. Affordable housing.

(a) No less than 15% of any housing units in real property controlled or disposed of by the Corporation under section 104(a)(15) or (16) shall be affordable to low- income households. No less than 15% of any housing units in real property controlled or disposed of by the Corporation under section 104(a)(15) shall be affordable to moderate-income households.

(b) For the purposes of this section, the term:

(1) “Affordable” means housing for which the occupying household will pay no more than 30% of its income toward gross housing costs for 50 years in the case of rental units, and 20 years for homeownership units.

(2)(A) “Area median income” means:

(i) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

(ii) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

(iii) For a household of 2 persons, 80% of the area median income for a household of 4 persons;

(iv) For a household of one person, 70% of the area median income for a household of 4 persons; and

(v) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a family of 4 persons for each household member exceeding 4 persons.

(B) Any percentage of household income referenced in this section or in D.C. Official Code § 47-865 shall be determined through a direct mathematical calculation and shall not take into account any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers.

(3) “Low income household” means a household consisting of one or more persons with income equal to or less than 30% or less of the area median income.

(4) “Moderate income household” means a household consisting of one or more persons with income equal to or less than 60% or less of the area median income and greater than 30% of the area median income.

Sec. 128. Prohibition on political activity.

The Corporation shall not expend any funds to influence legislation, other than in connection with testimony by a Board member or an officer or employee of the Corporation before a committee of Congress or the Council, or in responding to a written request from a member or committee of Congress or the Council. This prohibition shall not apply to legislation proffered by, or specifically applicable to, the Corporation. The Corporation shall not expend any funds in connection with political entities of any kind or to support the lobbying efforts of any not-for-profit charitable group.

Sec. 129. Conflict of interest; disclosure; waiver of bar against participation by interested party.

(a) Any member, officer, or employee of the Corporation who is interested directly or indirectly, or who is an officer or employee of, or has an ownership interest, in any firm or agency interested directly or indirectly in any transaction with the Corporation including any bond issuance or financial assistance allowed under this title to any sponsor, builder, or developer, shall disclose this interest to the Corporation. This interest shall be set forth in the minutes of the Corporation, and the member, officer, or employee having the interest shall not participate on behalf of the Corporation in the authorization or implementation of the transaction. The Board shall not be allowed to waive a member’s, officer’s, or employee’s inability to participate where the interest falls within guidelines adopted or rules promulgated by the Board.

(b) Members of the Board shall be considered public officials. Any effort to realize personal gain through conduct as a Board member shall be a violation of the public trust. Activities of Board members shall be governed by sections 601 and 602 of the District of Columbia Campaign Finance Reform and Conflict of Interest Act, approved August 14, 1974 (88 Stat. 465; D.C. Official Code §§ 1-1106.01 and 1-1106.02).

Sec. 130. Annual report.

Not later than 180 days after the end of each fiscal year of the Corporation, the Corporation shall submit a report regarding its activities during the prior fiscal year to the Council, the Mayor, and the Chief Financial Officer. The annual report shall include financial statements audited by an independent auditor.

Sec. 131. Limitations of actions.

Any legal action arising from the promulgation or application of any rule or procedure adopted or prescribed by the Board, or from any determination of the Board, shall be filed within 90 days after the date of the occurrence of the event (or 90 days after publication of the event in the District of Columbia Register, if publication is required by law or regulation) that is the subject of the legal proceeding. In any legal action arising from actions of the Corporation, or from the Corporation's failure to act, the Corporation shall be represented by the counsel of its choosing. Nothing in this section shall be interpreted as authorizing actions or as making a justiciable issue of any action by the Board or Corporation taken within the discretion vested in them by this title.

Sec. 132. Dissolution; termination of affairs.

(a) Upon dissolution of the Corporation or any subsidiary of the Corporation, title to property filed in the name of the Corporation and its subsidiaries, and all property under the control of the Board shall vest in the District. No property assets or earnings of the Corporation shall at any time inure to any private person or entity.

(b) The Corporation may be dissolved by vote of a majority of the Board and approval by act of the Council or by a majority approval by act of the Council; provided, that all bonds of the Corporation have been discharged or their discharge has been provided for fully, and adequate provision has been made for all other debts and obligations of the Corporation.

Sec. 133. Interpretation.

Except as provided in section 121, nothing in this title shall be construed to eliminate, reduce, or regulate the powers or authorities of the National Capital Revitalization Corporation or RLA Revitalization Corporation.

TITLE II. NATIONAL CAPITAL REVITALIZATION CORPORATION PROVISIONS

Sec. 201. Conforming amendments.

(a) The National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 12-144; D.C. Official Code §2-1219.01 et seq.), is amended as follows:

(1) Section 20(b) (D.C. Official Code § 2-1219.19(b) is amended as follows: 

(A) Strike the phrase “any exercise of eminent domain powers that is approved by an affirmative vote of the Corporation shall be submitted to the Council” and insert the phrase “the Corporation shall submit to the Council a proposed resolution to approve the exercise of eminent domain powers”;

(B) Strike the phrase “30-day period of review excluding days of Council recess” and insert the phrase “45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess” in its place.

(C) Strike the sentence “The Council shall approve or disapprove the exercise of eminent domain powers by the Corporation by resolution within 30 days of the date it is transmitted to the Council.” and insert the sentence “If the Council does not approve or disapprove, in whole or in part, the proposed resolution within the 45-day period, the proposed resolution shall be deemed disapproved.” in its place.

(2) Section 21 (D.C. Official Code § 2-1219.20(a)) is amended as follows: 

(A) Paragraph (5) is repealed. 

(B) A new paragraph (5A) is added to read as follows:

“(5A) All land within the District that is located east of the Anacostia River or east of the Potomac River that is not within the Anacostia Waterfront.”.

(3) A new section 30d-1 is added to read as follows:

“Sec. 30d-1. Distribution of income between RLA Revitalization Corporation and the District.

“(a) Subject to the provisions of section 30bb and notwithstanding the division of income set forth in section 30d(a) and (b), the RLARC shall receive 100% of the program income, net of expenses, generated by a lease or non-long-term ground lease on Redevelopment Land Agency property, and 100% of the program, net of expenses generated by the disposition through sale, long-term ground lease, or any other method of disposition of that property until RLARC receives:

"(1) The amount RLARC would have received through these transactions under the divisions of income set forth in section 30d(a) and (b); plus

"(2) An additional $25 million of program income that would have been payable to a party other than RLARC under the divisions of income set forth in section 30d(a) and (b); plus

"(3) Any “unpaid monetary obligations”, as that term is defined in the MOU. 

“(b) Notwithstanding subsection (a) of this section, 100% of the income generated by the disposition through sale, long-term ground lease, or any other method of disposition of the GPO site (Square 625) shall be received by RLARC and none of the proceeds shall be considered part of the $25 million amount set forth in subsection (a) of this section. If any income has been received from the prepayment of the note for the sale of Lots 802, 40 and 41, Square 267 (Parcel D) (“Portals”) prior to the effective date of this section, the income not yet received by RLARC shall be transferred to it upon the effective date of this section and the income, to the extent the RLARC would not be entitled to the income under section 30d(a) or (b) shall be considered part of the $25 million amount set forth in subsection (a) of this section.

“(c) Notwithstanding the provisions of this section, section 30d, or the provisions of any agreement entered into between NCRC or RLARC and the District, including DHCD, prior to the effective date of the Anacostia Waterfront Corporation Act of 2004, any program income received from a property transferred to the NCRC or RLARC under section 30aa(b) shall not be subject to the division of income set forth in section 30d(a) or (b) nor shall this income be included in the calculation set forth in new subsections (a) and (b).

“(d) This section shall take effect after the provisions set forth in section 30bb have been satisfied.”.

(4) A new Title III is added to read as follows:

“TITLE III. TRANSFER OF CERTAIN NCRC AND RLARC PROPERTIES.

“Sec. 30aa. Transfer of properties.

“(a) Subject to the provisions of section 30bb, the following real property of the National Capital Revitalization Corporation ("NCRC") and the RLA Revitalization Corporation ('RLARC"), and all records and other tangible and intangible personal property associated with the real property, including all causes of action and defenses, shall be transferred to the District, under the jurisdiction of the Mayor:

“(b) With respect to the properties set forth in subsection (a) of this section:

“(1) The District shall assume all liabilities, debts, mortgages, and obligations of the NCRC and the RLARC; and

“(2) The NCRC and the RLARC shall not be responsible to any third parties with respect to any liabilities, debts, mortgages, or other obligations, including obligations as a sub-recipient to the Department of Housing and Community Development (“DHCD”) and the United States Department of Housing and Urban Development under applicable law, regulations, or agreements.

“(c)(1) The Mayor shall transfer to the Anacostia Waterfront Corporation, established by section 102 of the Anacostia Waterfront Corporation Act of 2004, approved on 2nd reading on July 13, 2004 (Enrolled version of Bill 15-616), the real property set forth in subsection (a) of this section, and all records and other tangible and intangible personal property associated with the real property, including all causes of action and defenses.

“(2) The transfer required under this subsection shall occur on a date that is agreed upon by the Mayor and the Anacostia Waterfront Corporation.

“(d) The District, by the Mayor or the appropriate agency, office, or other division, shall transfer to the NCRC or the RLARC the properties contemplated under section 2(a) of the section titled "Mayor Obligation" in the memorandum of understanding between the NCRC, the RLARC, and the District government, dated July 1, 2004 ("MOU"). To effectuate the transfer of these properties, the Mayor shall transmit a notice to the Council and follow the procedures set forth in the MOU. For 2 years after the transfer, the NCRC and the RLARC shall have the right to return properties received as part of the transfer and receive substitute properties in a manner consistent with the MOU. To effectuate the return of a property, the NCRC or the RLARC shall transmit a notice to the Council and follow the procedures set forth in the MOU.

“Sec. 30bb. Transfer of properties; effective date.

“The transfer of properties set forth in section 30aa(a) shall be effective after each of the following provisions has been satisfied:

“(1) The MOU setting forth the terms of the agreement to transfer certain parcels of land located at the Southwest Waterfront from the NCRC or the RLARC to the Mayor in exchange for land, cash, and other consideration has been transmitted to the Council by the Mayor, accompanied by a statement of legal sufficiency from the Attorney General for the District of Columbia, formerly known as the Corporation Counsel, and a fiscal impact statement from the Chief Financial Office;

“(2) The Mayor, the NCRC, and the RLARC have performed their obligations under the MOU;

“(3) The Mayor has transmitted to the Council a notice pursuant to section 30aa(d) of the initial transfer of properties contemplated by section 2(a) of the MOU;

“(4) An assignment and assumption agreement effectuating the simultaneous transfer of properties and assets and other provisions of the MOU, and executed by the Mayor on behalf of the District, the NCRC, and the RLARC, has been submitted to the Council;

“(5) The RLARC has received additional program income pursuant to section 30d-1 and notified the Council upon its initial receipt of additional income pursuant to section 30d-1; and

“(6) The legal opinion and the lender release and consent described in subsections 4 and 5 of the MOU which are titled “Conditions for the Transfer of RLARC Parcels to the District” have been transmitted to the Council by the Mayor.”.

(b) Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2142; D.C. Official Code § 1-523.01(e)), is amended as follows:

(1) The lead-in text is amended by striking the phrase “(1)-(27)” and inserting the phrase “(1) - (28)” in its place.

(2) Paragraph (26) is amended by striking the phrase “; and” and inserting a semicolon in its place.

(3) Paragraph (27) is amended by striking the period at the end and inserting the phrase “; and” in its place.

(4) A new paragraph (28) is added to read as follows:

“(28) The Board of Directors of the Anacostia Waterfront Corporation, established by section 105 of the Anacostia Waterfront Corporation Act of 2004.”.

TITLE III. FISCAL IMPACT STATEMENT AND EFFECTIVE DATE

Sec. 301. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 302. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § l-206.02(c)(l)), and publication in the District of Columbia Register.

Chairman
Council of the District of Columbia

Mayor
District of Columbia