
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC616]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
    CHAPTER 12--CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC 
                                BUILDINGS
 
Sec. 616. Dwight D. Eisenhower Memorial Bicentennial Civic 
        Center
        

(a) Development, construction, operation, and maintenance of facilities 
        for conventions, exhibitions, meetings, and other social, 
        cultural, and business activities; location

    In order to provide for the District of Columbia facilities for the 
holding of conventions, exhibitions, meetings, and other social, 
cultural, and business activities, the Mayor of the District of Columbia 
(hereinafter, ``Mayor'') is authorized to provide for the development, 
construction, operation, and maintenance of the civic center to be 
designated as the Dwight D. Eisenhower Memorial Bicentennial Civic 
Center on a site in the Northwest section of the District of Columbia 
within an area bounded by Eighth Street, H Street, Tenth Street, New 
York Avenue, and K Street.

(b) Plan, design, and costs of civic center; administrative approval and 
        review; filing plats showing opening, extension, widening, or 
        closing of streets, roads, highways, and alleys

    (1) Such civic center shall be in accordance with a plan, indicating 
the design and estimated costs, approved by the Mayor and the Council of 
the District of Columbia, and approved by the National Capital Planning 
Commission pursuant to section 71d of this title and section 16 of the 
Act approved June 20, 1938 [D.C. Code, Sec. 5-432], and reviewed by the 
Commissioner of Fine Arts to the extent required by section 1 of the Act 
approved May 16, 1930 [D.C. Code, Sec. 5-410].
    (2) Notwithstanding the provisions of section 12 of the District of 
Columbia Redevelopment Act of 1945, as amended [D.C. Code, Sec. 5-811], 
the urban renewal plan, approved pursuant to section 6(b)(2) of such Act 
[D.C. Code, Sec. 5-805(b)(2)], for an urban renewal area in which the 
civic center is located shall be deemed to be modified by the plan 
approved pursuant to this subsection and the National Capital Planning 
Commission shall certify such urban renewal plan, as modified, to the 
District of Columbia Redevelopment Land Agency.
    (3) In the development of the civic center in accordance with the 
plan approved pursuant to this subsection, the Mayor, notwithstanding 
any other provision of law, may open, extend, widen, or close any 
street, road, highway, or alley, or part thereof, by the filing of a 
plat or plats in the Office of the Surveyor of the District of Columbia 
showing such opening, extension, widening, or closing.

(c) Land acquisition

    The Mayor shall acquire by purchase, gift, condemnation, or 
otherwise, all real property necessary to provide for the civic center.

(d) Contract authority; leases: term, nominal rental; purchase 
        contracts: payment term, vesting of title in the District of 
        Columbia, application of installment payments to purchase price, 
        provisions securing performance of obligations, amortization, 
        interest rate, reimbursement of contractors for certain costs, 
        and Congressional committee approval of design, plans, and 
        specifications

    (1) The Mayor is authorized to enter into purchase contracts, 
including negotiated contracts, for the financing, design, construction, 
and maintenance of the civic center. The Mayor is further authorized to 
lease the site described in subsection (a) of this section at a nominal 
rental for a period of not more than thirty-five years. The payment term 
of said purchase contracts shall not be more than thirty years from the 
date of acceptance of the civic center and such purchase contracts shall 
provide that title to the civic center shall vest in the District of 
Columbia at or before the expiration of the contract term and upon 
fulfillment of the terms and conditions stipulated in the purchase 
contracts. Such terms and conditions shall include provision for the 
application to the purchase price agreed upon therein of installment 
payments made thereunder.
    (2) Such purchase contracts shall include such provisions as the 
Mayor, in his discretion, shall deem to be in the best interest of the 
District of Columbia and appropriate to secure the performance of the 
obligations imposed upon the party or parties that shall enter into such 
agreement with the Mayor. The purchase contracts shall provide for 
payments to be made to--
        (A) amortize the cost of site acquisition, including relocation 
    payments required by the Uniform Relocation Assistance and Real 
    Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.], 
    and such other moneys as may be advanced by the contractors to the 
    District of Columbia;
        (B) amortize the cost of construction of improvements to be 
    constructed;
        (C) provide a reasonable rate of interest on the outstanding 
    principal as determined under subparagraphs (A) and (B) above; and
        (D) reimburse the contractors for the cost of any other 
    obligations required of them under the contract, including (but not 
    limited to) payment of taxes, costs of carrying appropriate 
    insurance, and costs of repair and maintenance if so required of the 
    contractors.

    (3) For the purpose of the purchase contracts provided by this 
subsection for the erection of the civic center, the Mayor is authorized 
to enter into agreements with any person, copartnership, corporation, or 
other public or private entity to effectuate any of the purposes of this 
subsection.
    (4) No purchase contract for the construction of such civic center 
shall be entered into, pursuant to the authority of this section, until 
thirty legislative days following submittal to and approval by the 
Senate and House Committees for the District of Columbia, and the Senate 
and House Committees on Appropriations, of the design, plans, and 
specifications, including detailed cost estimates, of such civic center.

(e) Full faith and credit of the District of Columbia

    The full faith and credit of the Government of the District of 
Columbia is hereby committed to guarantee, upon such terms and 
conditions as may be prescribed by the Mayor, the fulfillment of all 
obligations imposed by the provision of this section.

(f) Gifts, services, securities, and other property: acceptance and 
        administration; operation of civic center: District of Columbia 
        or other entity; contractual operation: terms and conditions, 
        employment of Federal, District of Columbia, and voluntary 
        personnel

    (1) The Mayor is authorized to accept and administer gifts, personal 
services, securities, or other property of whatever character to aid in 
carrying out the purposes of this section.
    (2) The Mayor is further authorized to provide for the operation of 
any or all aspects of the civic center by any department or agency of 
the Government of the District of Columbia, or may provide for the 
performance of such operations, including the use or rental of the civic 
center or its equipment, motor vehicle parking facilities, concessions, 
and other activities, by contract entered into with any person, 
copartnership, corporation, or other public or private entity, upon such 
terms and conditions as may be stipulated in the agreements, and for 
such purposes may utilize or employ the services of personnel of any 
agency or instrumentality of the United States or the District of 
Columbia, with the consent of such agency or instrumentality, upon a 
reimbursable or nonreimbursable basis, and may utilize voluntary or 
uncompensated personnel.

(Pub. L. 86-249, Sec. 18, as added Pub. L. 92-520, Sec. 3, Oct. 21, 
1972, 86 Stat. 1019; amended Pub. L. 93-198, title IV, Secs. 401, 421, 
Dec. 24, 1973, 87 Stat. 785, 789.)

                       References in Text

    The Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970, referred to in subsec. (d)(2)(A), is Pub. L. 91-
646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified 
principally to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 4601 of Title 42 and Tables.


                             Effective Date

    Section 41(a) of Pub. L. 92-520 provided that this section and 
provisions set out as notes under this section are effective Oct. 21, 
1972.

                          Transfer of Functions

    Office of Commissioner of District of Columbia, as established by 
Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 
93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced 
by office of Mayor of District of Columbia by section 421 of Pub. L. 93-
198, classified to section 1-241 of District of Columbia Code. 
Accordingly, ``Mayor'' substituted in text for ``commissioner''.
    ``Council of the District of Columbia'' substituted in text for 
``District of Columbia Council'' pursuant to section 401 of Pub. L. 93-
198. District of Columbia Council, as established by Reorg. Plan No. 3 
of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title 
VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 
of the District of Columbia Code, and replaced by Council of District of 
Columbia, as provided by section 401 of Pub. L. 93-198, classified to 
section 1-221 of the District of Columbia Code.
    For transfer of powers, duties, and functions of District of 
Columbia Land Redevelopment Agency, as set forth in sections 5-801 to 5-
840 of the District of Columbia Code, to Director of Department of 
Housing and Community Development, with certain exceptions, see part 4 
of Reorg. Plan No. 3 of 1975, eff. July 3, 1975, 21 DCR 2793, set out in 
the Appendix to Title I of the District of Columbia Code, 
Administration.

           Abolition of Committees on the District of Columbia

    Committee on the District of Columbia of Senate abolished and its 
jurisdiction given to Committee on Governmental Affairs of Senate, 
effective Feb. 11, 1977. See Rules XXV of Standing Rules of Senate, as 
amended by Senate Resolution 4 (popularly cited as the ``Committee 
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
    Committee on the District of Columbia of House of Representatives 
abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 
4, 1995. References to Committee on the District of Columbia treated as 
referring to Committee on Government Reform and Oversight of House of 
Representatives, see section 1(b) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress. Committee on Government 
Reform and Oversight of House of Representatives changed to Committee on 
Government Reform of House of Representatives by House Resolution No. 5, 
One Hundred Sixth Congress, Jan. 6, 1999.


                 Congressional Findings and Declaration

    Section 2 of Pub. L. 92-520 provided that: ``The Congress hereby 
finds and declares that--
        ``(1) it is essential to the social and economic development of 
    the District of Columbia to establish major centers of commercial 
    and economic activity within the city;
        ``(2) such a center of activity would result from the 
    development of a civic center located in the downtown area of the 
    District of Columbia;
        ``(3) a civic center would (A) attract large numbers of visitors 
    to the downtown area and result in increased business activity in 
    the area surrounding the center; (B) enable national organizations 
    to hold their conventions and other meetings in the District of 
    Columbia and thereby encourage citizens from the entire Nation to 
    visit their Capital City; (C) provide a new source of revenue for 
    the District of Columbia as a consequence of its operations and the 
    expanded commercial activities resulting therefrom; and (D) provide 
    expanded employment opportunities for residents of the District of 
    Columbia;
        ``(4) it is fitting that said civic center be established as a 
    memorial to the late President, Dwight D. Eisenhower;
        ``(5) the prompt provision of major convention facilities in the 
    District of Columbia will significantly contribute to the 
    commemoration of the Nation's bicentennial year; and
        ``(6) the powers conferred by this Act [Pub. L. 92-520] 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, and the granting of such powers 
    is necessary in the public interest.''
