PROPOSED PENNSYLVANIA AVENUE BICENTENNIAL DEVELOPMENT CORPORATION THURSDAY, APRIL 13, 1972 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON NATIONAL PARKS AND RECREATION Washington, D.C. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 1324, Longworth House Office Building, Hon. Roy A. Taylor (chairman of the subcommittee) presiding. Mr. TAYLOR. The Subcommittee on National Parks and Recreation will come to order. This is very important legislation, and it is unfortunate that we have to consider it at a time when part of our members are in another hearing on the subject of energy which is also a very, very important subject. As a matter of fact, the other group took the gavel away, so that I do not have one. Today we consider H.R. 10751, a bill cosponsored by our colleagues on the committee, Mr. Saylor and Mr. Aspinall. This legislation is comparable to proposals which this subcommittee has previously heard and it is similiar to the legislation transmitted to the Congress by the administration as a part of its executive communication dated January 26, 1971. Brief background: As some of the people in this room will recall, plans for the "redevelopment" of Pennsylvania Avenue have been proposed for many years. Practically everyone agrees that this is one of the Nation's most important ceremonial streets, but it has been difficult to get everyone to agree on the action which should be taken to give it the recognition which it deserves. A few years ago, this committee reported a bill which would have provided for the beautification of Pennsylvania Avenue, but it failed to be enacted into law. Late in the last Congress, we conducted hearings on proposals, but time did not permit any further consideration of them. This year, we will undoubtedly again be in a time bind, but the administration has indicated an interest in this matter and it was agreed that we would take this time to hear the arguments with respect to it. After the hearing, we can then decide whether or not to proceed with the consideration of the legislation. Now, I will not take much time to summarize the provisions of the bill, because there are witnesses here who can do it more effectively than I can. (1) In the absence of objection, a copy of H.R. 10751 will be made a part of the record at this point, and in the absence of objection a copy of the departmental report of the Department of the Interior, a report of the District of Columbia, a report of the District of Columbia Redevelopment Land Agency, a report of the Office of the Secretary of Transportation, a report of the General Counsel of the Treasury, a report of the General Services Administration, a report of the Secretary of Housing and Urban Development, a report of the Smithsonian Institute, and a report of the National Gallery of Art will also be made a part of the record at this point. In addition, a copy of the executive communication on this subject, dated January 26, 1971, will also be included. (The documents named follow :) [H.R. 10751, 92d Cong., first session] A BILL To establish the Pennsylvania Avenue Bicentennial Development Corporation, 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 Historic Site was designated, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Pennsylvania Avenue Bicentennial Development Corporation Act of 1971." SEC. 2. The Congress finds and declares (a) that the bicentennial of the founding of this country as an independent nation provides a fitting occasion for undertaking to restore the area adjacent to Pennsylvania Avenue between the Capitol and the White House to a condition befitting the most historic and significant area of the Capital City: (b) that it is in the national interest that this area, most of which was designated on September 30, 1965, a national historic site under the Historic Sites Act of August 21, 1935 (16 U.S.C. 461 et seq.), be developed, maintained, and used in a manner suitable to its ceremonial, physical, and historic relationship to the legislative and executive branches of the Federal Government and to the governmental buildings, monuments, memorials, and parks in or adjacent to the area; (c) that the area adjacent to Pennsylvania Avenue between the Capitol and the White House, because of its blighted character, imposes severe public, economic, and social liabilities upon the District of Columbia as the seat of the Government of the United States, thereby impeding its sound growth and development and constituting a serious and growing threat to the public health, safety, morals, and welfare of its inhabitants; (d) that to insure suitable development, maintenance, and use of the area and the elimination of blight, it is essential that there be developed and carried out as an entirety plans for this area which will specify the uses, both public and private, to which property is to be put, the programing and financing of necessary acquisitions, construction, reconstruction, and other activities; (e) that the recommendations of the President's Council on Pennsylvania Avenue as developed by its successor, the President's Temporary Commission on Pennsylvania Avenue, having been approved in principle by the National Capital Planning Commission, the Commission of Fine Arts, and other interested departments and agencies, shall serve as the general framework for such development plans; (f) that such development plans can best be developed and carried out by vesting the requisite powers, duties, and responsibilities in a Federal corporation which can take maximum advantage of the private as well as the public resources which will be necessary; (g) that the powers conferred by this Act 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; and (h) that the area thus to be developed, maintained, and used in accordance with the proviisons of this Act (hereinafter referred to as the development area) shall be the area bounded as follows: Beginning at a point on the southwest corner of the intersection of Fifteenth Street and E Street Northwest; thence proceeding easterly along the southerly side of E Street to the southwest corner of the intersection of Thirteenth Street and Pennsylvania Avenue Northwest; thence southeasterly along the southerly side of Pennsylvania Avenue to a point being the southeast corner of the intersection of Pennsylvania Avenue and Sixth Street Northwest; thence northerly along the east side of Sixth Street to the northeast corner of the intersection of E Street and Sixth Street Northwest; thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Seventh Street Northwest; thence northerly along the east side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest; hence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Ninth Street Northwest; thence southerly along the west side of Ninth Street to the northwest corner of the intersection of Ninth Street and E Street Northwest; thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Thirteenth Street Northwest; thence northerly along the east side of Thirteenth Street to the northeast corner of the intersection of F Street and Thirteenth Street Northwest; thence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Fifteenth Street Northwest; thence southerly along the west side of Fifteenth Street to the point of beginning being the southwest corner of the intersection of Fifteenth Street and E Street Northwest. SEC. 3. (a) There is hereby created a body corporate to be known as the Pennsylvania Avenue Bicentennial Development Corporation (hereinafter referred to as the "Corporation"). (b) The Corporation shall be dissolved upon completion, as determined by the Board of Directors, of its implementation of the development plan provided for in section 5 of this Act. Upon dissolution, assets remaining after all the obligations and indebtedness of the Corporation has been fulfilled and paid or satisfied shall be the assets of the United States. (c) The powers and management of the Corporation shall be vested in a Board of Directors consisting of fifteen members, as follows: (1) The Secretary of the Interior; (2) The Secretary of the Treasury; (3) The Secretary of Housing and Urban Development: (4) The Secretary of Transportation; (5) The Administrator of General Services; (6) The Commissioner of the District of Columbia; (7) The Chairman, District of Columbia Council; and (8) Eight, at least four of whom shall be residents of the District of Columbia who are registered voters of the District of Columbia, appointed by the President from private life, who shall have knowledge and experience in one or more fields of history; architecture, city planning, retailing, real estate, construction, or government; (d) Each member of the Board of Directors specified in paragraphs (1) through (7) of subsection (c) may designate another official to serve on the Board in his stead if unable to serve in person. (e) Each member of the Board of Directors appointed under paragraph (8) of subsection (c) shall serve for a term of six years from the expiration of his predecessor's term; except that (1) any director appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the directors first taking office shall begin on the date of the enactment of this Act, and shall expire as designated at the time of appointment, two at the end of two years, two at the end of four years, and four at the end of six years. A director may continue to serve until his successor has qualifled. (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 |