Development, the General Services Administrator, the Commissioner of the District of Columbia, the Chairman of the District of Columbia Council, and eight members from the private sector. Four of the private members would be residents and voters of the District of Columbia. The President would designate the Board's Chairman and Vice-Chairman from among the eight private members. The bill also would establish a seven-member non-voting Advisory Board selected from tenants and owners of real property in the development area.

The Corporation would be charged with both the preparation and the implementation of the development plan for the Pennsylvania Avenue area. The plan would be subject to approval by the Corporation's Board, the Secretary of the Interior, the National Capital Planning Commission, and the District of Columbia government. The National Capital Planning Commission and the District government would be required to hold public hearings on the plan prior to approval. Following such approvals, the Corporation would transmit the plan to the Senate and House of Representatives, and sixty days after such transmittal implementation of the plan could proceed.

Section 6 of the bill would grant the Corporation broad implementation powers, including the power to borrow from the Treasury and to issue bonds. The Corporation would be given the power to acquire property in the development area, but would be subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

Section 8 relates to the acquisition of property and the relocation of owners or tenants in the development area. That section would allow the Corporation to utilize the services of the District of Columbia Redevelopment Land Agency in administering the relocation programs. It would require the Corporation to afford displaced business owners an opportunity to relocate in the development area. In order to provide uniform condemnation procedures, it is recommended that the following be added as a new subsection to section 8 of H.R. 10751:

"Condemnation proceedings for the acquisition of real property (including interests therein) which may be necessary or appropriate for the carrying out of the development plan shall be conducted in accordance with the procedural provisions of chapter 13, subchapter IV, of title 16 of the District of Columbia Code."

The Commissioner believes that the Bicentennial Development Corporation to be created by this bill will provide a useful tool to effect the early redevelopment of this historic section of our city. Substantial District and Federal funds have already been committed to the renewal of the downtown area. It is necessary, however, to marshal all our resources-private and public-if substantial gains are to be made by 1976. The creation of the Bicentennial Development Corporation would permit such unity of effort.

The Commissioner of the District of Columbia urges early enactment of H.R. 10751. The District of Columbia Council concurs in the views expressed by the Commissioner in this report.

The Office of Management and Budget has advised that enactment of legislation along the lines of H.R. 10751 would be in accord with the program of the President.

Sincerely yours,

GRAHAM W. WATT,

Assistant to the Commissioner

(For Walter E. Washington, Commissioner).

Hon. WAYNE N. ASPIN ALL,

DISTRICT OF COLUMBIA, REDEVELOPMENT LAND AGENCY, Washington, D.C., March 23, 1972

Chairman, Committee on Interior and Insular Affairs,
U.S. House of Representatives,
Washington, D.C.

DEAR MR. ASPINALL: We have reviewed H.R. 10751, a bill to establish the Pennsylvania Avenue Bicentennial Development Corporation, and to authorize it to prepare and carry out a development plan for an area along the north side of Pennsylvania Avenue between Sixth and Fifteenth Streets, Northwest. We are pleased to have the opportunity to offer the following comments on the bill:

The RLA endorses the purposes of H.R. 10751. The revitalization of Washington's retail and commercial core is an important objective of the District of

Columbia's urban renewal program. The area proposed for development by the Pennsylvania Avenue Bicentennial Development Corporation, described in Section 2 (h) of the bill, comprises the southwestern portion of the Downtown Urban Renewal Area, which is part of the District's Neighborhood Development Programs being conducted under Part B of Title I of the Housing Act of 1949, as amended. The relationship between the two areas is indicated on the attached map.

Projects conducted under the Neighborhood Development Program, unlike the conventional projects conducted under Part A of Title I, are funded and executed on the basis of annual increments. The Neighborhood Development Program is now in its third action year, and sites have been acquired or designated for acquisition at four separate locations in Downtown. However, as indicated on the map, these sites are all to the north of the Pennsylvania Avenue Area and represent no conflict with the objectives of this bill.

It is highly commendable that the bill would require the Corporation to “give primary consideration to local needs and desires and to local and regional goals and policies" in effectuating its purposes, and to "foster local initiative and participation in connection with the planning and development of its policies" (Section 9(a)). The requirement that the Corporation's development plan be approved by the National Capital Planning Commission and the District of Columbia Government strengthens the aforementioned policy and provides a necessary means for coordinating the plans of the Corporation with those of other agencies of government.

We also note the requirement that there be established an Advisory Board representing owners and tenants of property in the Pennsylvania Avenue area. This will give those private individuals who are most directly affected by the Corporation's activities a voice in determining the content of the plans to be prepared and the manner in which they are to be executed.

In this connection, we wish to suggest several changes in the bill. Section 8(d) provides that "owners of real property whose retail, wholesale, or service business thereon is terminated pursuant to this Act shall be afforded an opportunity to lease or purchase from the Corporation or its agent such like real property as may become available for a similar use upon implementation of the development plan." First, we assume that this section is intended to provide, not merely an opportunity to lease or purchase, but a priority of opportunity. We suggest an appropriate modification of the language to make this intent clear. In order to achieve its intended purpose, the modification should also provide that the prioriy of opportunity is limited to real parties in interest and is non-assignable. Second, we suggest that this priority of opportunity be extended to businesses which occupy real property as tenants, as well as to owners. Owner-occupancy is comparatively rare in downtown commercial areas, and considerations of equity would suggest that the priority to return should be extended to all present occupants, whether owners or tenants. Third, we suggest that the priority of return should not be limited to "retail, wholesale and service businesses," but extended to all present occupants of the area. Although the opportunity for some may be limited by the type of space or use permitted by the plan, there is no apparent reason to discriminate in favor of certain classes of occupants if suitable space is available for other classes of occupants who are also displaced.

We note that the bill would authorize the Corporation to utilize the services of the Redevelopment Land Agency in providing relocation assistance to the present occupants of the area, and require that such services be coordinated with the central relocation program which we conduct for the District of Columbia. We are prepared to extend this assistance to the Corporation, on a reimbursable basis, at such time as we may be requested to do so.

In conclusion, we are pleased to be able to endorse H.R. 10751, subject to our previous suggestions for modification of Section 8(d). Enhancement of the beauty and vitality of Washington's central core is an objective of national and regional, as well as local significance. Together with the program for the completion of the Federal Triangle, as announced recently by the President, redevelopment of the Pennsylvania Avenue area as authorized by this bill would recognize the symbolic significance of the "Avenue of the Presidents" and constitute a fitting contribution to the celebration of the Nation's bicentennial anniversary. The Office of Management and Budget has advised that legislation along the lines of H.R. 10751 would be in accord with the program of the President.

Sincerely,

Attachment.

JOHN GUNTHER, Chairman.

DEAR MR. CHAIRMAN: This is in response to your request for this Department's views on H.R. 10751:

"To establish the Pennsylvania Avenue Bicentennial Development Corp., to provide for the preparation and carrying out of a development plan for certain areas between the White House and the Capitol, to further the purposes for which the Pennsylvania Avenue National Historic Site was designated, and for other purposes."

The Department of Transportation supports the proposed legislation as consistent with long range plans for the Federal City. Even though much of the area covered by the proposed legislation would seem to fall within the boundaries of what is already official Washington, the Department would suggest that every effort should be made to secure the participation of residents of Washington in the affairs of the proposed Commission.

Under Section 3 (c) experts in various fields, four of whom are residents of the District, are proposed for membership on the Board. At the same time the Department of Transportation would suggest that it is important that the concerns of private citizens for the Commission and its activities extend beyond the role of such expert directors and further, beyond the activities of those two directors chosen from private life who are designated as chairman and vice-chairman.

The public hearings procedures proposed under Section 5(c) are commendable and appropriate and consistent with Administration proposals for greater community involvement in all planning and development activities not only in the Nation's Capital but in metropolitan areas across the country.

The Office of Management and Budget advises that if H.R. 10751 is amended as recommended in the reports of the Department of the Interior and the Department of Treasury, its enactment would be in accord with the program of the President.

Sincerely,

82-774-72

-2

JOHN W. BARNUM, General Counsel.

(f) The President shall designate a Chairman and a Vice Chairman from among the members of the Board of Directors, chosen from private life.

(g) The Chairman, upon his appointment, shall invite to serve on the Board of Directors as nonvoting members the following:

(1) The Chairman of the Commission of Fine Arts;

(2) The Chairman of the National Capital Planning Commission;

(3) The Secretary of the Smithsonian Institution;

(4) The Director of the National Gallery of Art;

(5) The Architect of the Capitol ;

(6) The Archivist of the United States;

(7) The Chairman of the District of Columbia Commission on the Arts; and

(8) The Chairman of the District of Columbia Redevelopment Land Agency.

(h) Members of the Board of Directors who are officers or employees of the Federal or District of Columbia government shall receive no additional compensation by virtue of their membership on the Board. Other members of the Board, when engaged in the activities of the Corporation, shall be entitled to receive compensation at the daily equivalent of the rate for GS-18 of the General Schedule, and travel expenses, including per diem in lieu of subsistence, as authorize by law (5 U.S.C. 5703(b)–(d) and 5707) for persons in the Government service employed intermittently.

(i) The Board of Directors shall meet at the call of the Chairman, who shall require it to meet not less often than once each three months. A majority of the voting members of the Board of Directors (or their designated alternates) shall constitute a quorum.

(j) There shall be established a nonvoting Advisory Board of seven members appointed by the Chairman from among tenants and owners of real property within the development area. The Advisory Board shall meet at least twice annually with the Board of Directors, and shall otherwise offer such advice and assistance as may be of benefit to the Board of Directors during preparation of the development plan.

SEC. 4. (a) The Board of Directors shall have the power to appoint and fix the compensation and duties of the Executive Director and such other officers and employees of the Corporation as may be necessary for the efficient administration of the Corporation; the Executive Director and two other officers of the Corporation may be appointed and compensated without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and chapter 51 and subchapter 53 of title 5 of the United States Code.

(b) Administrative services shall be provided by the General Services Administration on a reimbursable basis.

SEC. 5. (a) The development plan for the development area shall include, but not be limted to: (1) the types of uses, both public and private, to be permitted; (2) criteria for the design and appearance of buildings, facilities, open spaces, and other improvements; (3) an estimate of the current values of all properties to be acquired; (4) an estimate of the relocation costs which would be incurred in carrying out the provisions of section 8 of this Act; (5) an estimate of the cost of land preparation for all properties to be acquired; (6) an estimate of the reuse values of the properties to be acquired; (7) a program for the staging of proposed development, including a detailed description of the portion of the program to be scheduled for completion by 1976; (8) a determination of the marketability of such development; (9) an estimate of the development costs, both public and private; (10) a thorough study of the economic impact of such development, including the impact on the local tax base, the metropolitan area as a whole, and the existing business activities within the development area; and (11) the procedures (including both interim and long-term arrangements) to be used in carrying out and insuring continuing conformance to the development plan.

(b) The development plan provided for in subsection (a) shall be prepared with the cooperation of the Department of the Interior, the General Services Administration, and the District of Columbia government with the maximum feasible use of their staffs and other resources on a reimbursable basis by the Corporation.

(c) After the development plan has been completed and approved by the Board of Directors of the Corporation, the plan shall be transmitted to the Secretary of

the Interior, the National Capital Planning Commission, and the District of Columbia government. The Secretary of the Interior shall notify the Corporation of his approval, disapproval, or recommended modifications from the standpoint of the plan's compatibility with his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site and the Corporation shall not initiate or authorize any action which would diminish or dilute the authority and responsibility of the Secretary of the Interior with respect to such areas. Both the National Capital Planning Commission and the District of Columbia government shall hold public hearings on the plan and each shall notify the Corporation of its approval, disapproval, or recommended modifications: Provided, That in the event that the Secretary of the Interior, the National Capital Planning Commission, or the District of Columbia government has not notified the Corporation of approval, disapproval, or recommended modifications of the plan within sixty days after the date of transmittal, he or it, as the case may be, shall be deemed to have approved the plan.

(d) Upon approval by the Secretary of the Interior, the National Capital Planning Commission, and the District of Columbia government, the Corporation shall transmit the development plan to the President of the Senate and the Speaker of the House of Representatives. Following the expiration of sixty days after the date of such transmittal, the Corporation may proceed with the execution and implementation of the plan as authorized by the other provisions of this Act.

(e) Activities under the development plan shall be carried out in accordance with the approved development plan. The Corporation may alter, revise, or amend the plan, but any such alteration, revision, or amendment which is a substantial change from the approved development plan shall take affect only upon compliance with the procedures set forth in subsections (c) and (d) of this section. For the purposes of this subsection, the term substantial change shall mean one involving a major alteration in the character or intensity of an existing or proposed use in the development area which in the opinion of the Corporation causes an increase or decrease of 10 per centum or more of the dollar amount of the estimate prepared in accordance with subsection (a) (9) of this section, or one which, in the opinion of the Secretary of the Interior, affects his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site.

(f) To avoid duplication and unnecessary expense the Corporation shall, to the maximum feasible extent in conducting its operations, utilize the services and facilities of other agencies, including the Department of the Interior, General Services Administration, the National Capital Planning Commission, the District of Columbia government, and the District of Columbia Redevelopment Land Agency.

SEC. 6. In carrying out its powers and duties, the Corporation—

(1) shall have all necessary and proper powers for the exercise of the authorities vested in it;

(2) shall have succession in its corporate name;

(3) may adopt and use a corporate seal which shall be judicially noticed ; (4) may sue and be sued in its corporate name. All litigation arising out of the activities of the Corporation shall be conducted by the Attorney General;

(5) may adopt, amend, and repeal bylaws, rules and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised;

(6) may acquire (by purchase, lease, exchange (within the development area), gift, condemnation (except personal property or otherwise), hold, maintain, use, and operate, and may sell, lease, or otherwise dispose of, such real and personal property and any interest therein as the Corporation deems necessary for the carrying out of the development plan; and may lease, repurchase, or otherwise acquire and hold any property which the Corporation has theretofore sold, leased, or otherwise conveyed, transferred, or disposed of: Provided, that prior to acquiring any residential property there shall be a finding of assurance of adequate replacement housing consonant with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894);

(7) may enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, the several States, or the District of Columbia or with any person, firm, association, or corporation (including agreements with private