For the purpose of enabling the District of Columbia to have its federal-aid highway projects approved under § 106 or 117 of Title 23, United States Code, the Mayor of the District of Columbia may, in connection with the acquisition of real property in the District of Columbia for any federal-aid highway project, provide the payments and services described in §§ 505, 506, 507, and 508 of Title 23, United States Code.
(Aug. 23, 1968, 82 Stat. 827, Pub. L. 90-495, § 23(d).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-134.
1973 Ed., § 7-135.
Emergency Act Amendments
For temporary establishment, on an emergency basis due to Congressional review, the District of Columbia Highway Trust Fund to comply with the requirement for the creation of a dedicated highway fund mandated by the D.C. Emergency Highway Relief Act, see § 2 of the Highway Trust Fund Establishment Congressional Review Emergency Act of 1997 (D.C. Act 12-47, March 31, 1997, 44 DCR 2103).
For temporary authority of the Mayor to issue rules and regulations necessary to carry out the purposes of the act, see § 3 of the Highway Trust Fund Establishment Congressional Review Emergency Act of 1997 (D.C. Act 12-47, March 31, 1997, 44 DCR 2103).
References in Text
Sections 505, 506, 507, and 508 of Title 23, United States Code, referred to at the end of this section, related to relocation payments and assistance, and were a part of Chapter 5 of Title 23. That chapter was repealed January 2, 1971, by § 220(a)(10) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Appropriations authorized: Public Law 103-334, 108 Stat. 2581, the District of Columbia Appropriations Act, 1995, provided for construction projects $5,600,000, as authorized by §§ 34-2405.01 through 34-2405.08; §§ 34-2413.08 and 34-2413.10; including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: Provided, That $140,000 shall be available for project management and $110,000 shall be available for design by the Director of the Department of Public Works or by contract for architectural engineering services, as may be determined by the Mayor: Provided further, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90- 495; D.C. Code, sec. 7-134, note), for which funds are provided by this appropriation title, shall expire on September 30, 1996, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1996: Provided further, That upon expiration of any such project authorization the funds provided herein for the project shall lapse.
Appropriations authorized: Public Law 104-194, 110 Stat. 2362, the District of Columbia Appropriations Act, 1997, provided for construction projects an increase of $46,923,000 (including an increase of $34,000,000 for the highway trust fund, reallocations and rescissions for a net rescission of $120,496,000 from local funds appropriated under this heading in prior fiscal years and an additional $133,419,000 in Federal funds), as authorized by §§ 34-2405.01 through 34-2405.08; §§ 34-2413.08, 34-2413.10 and 34-2304; and §§ 10-619 and 47-3404; including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: Provided, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 9-107.01, note), for which funds are provided by this appropriation title, shall expire on September 30, 1998, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1998: Provided further, That upon expiration of any such project authorization the funds provided herein for the project shall lapse.
Federal-Aid Highway Memorandum of Agreement Council Chairman Emergency Resolution of 1996: Pursuant to Resolution 11-374, effective June 4, 1996, Council directed, on an emergency basis, the Chairman, on behalf of the Council, to sign a memorandum of Agreement to Establish a Federal-Aid Highway Pilot Program at the Department of Public Works.
(a) Notwithstanding any provisions of law to the contrary, whenever the Mayor of the District of Columbia shall determine that the construction or modification of a project, on or a part of the National System of Interstate and Defense Highways within the District of Columbia under Title 23 of the United States Code, necessitates the relocation, adjustment, replacement, removal, or abandonment of utility facilities, the utility owning such facilities shall relocate, adjust, replace, remove, or abandon the same, as the case may be. The cost of relocation, adjustment, replacement, or removal, and the cost of abandonment of such facilities, shall be paid to the utility by the District of Columbia, as a part of the cost of such project.
(b) As used in this section:
(1) The term "utility" means any gas plant, gas company, natural gas supplier, electric company, electricity supplier, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company, whether publicly or privately owned, as those terms are defined in Chapter 2 of Title 34.
(2) The term "utility facility" means all real and personal property, buildings, and equipment owned or held by a utility in connection with the conduct of its lawful business.
(3) The term "cost of relocation, adjustment, replacement, or removal" means the entire amount paid by such utility properly attributable to such relocation, adjustment, replacement, or removal, as the case may be, less any increase in value on account of any betterment of the new utility facilities over the old utility facilities, and less any salvage value derived from the old utility facilities.
(4) The term "cost of abandonment" means the actual cost to abandon any utility facilities which are not to be used, relocated, adjusted, replaced, removed, or salvaged, together with the original cost of such abandoned facilities, less depreciation.
(Oct. 14, 1972, 86 Stat. 812, Pub. L. 92-495, § 4; May 9, 2000, D.C. Law 13-107, § 303, 47 DCR 1091; Mar. 16, 2005, D.C. Law 15-227, § 16, 51 DCR 10549.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-227, in par. (1) of subsec. (b), substituted "gas company, natural gas supplier" for "gas corporation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 11 of Prevention of Unauthorized Switching of Customer Natural Gas Accounts Temporary Act of 2001 (D.C. Law 14-13, July 10, 2001, law notification 48 DCR 6589).
Prior Codifications
1981 Ed., § 7-135.
1973 Ed., § 7-135a.
Effect of Amendments
D.C. Law 13-107, in par. (b)(1), substituted "company, electricity supplier" for "plant, electrical corporation".
Legislative History of Laws
Law 13-107, the "Retail Electric Competition and Consumer Protection Act of 1999," was introduced in Council and assigned Bill No. 13-284, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 7, 1999, and December 21, 1999, respectively. Signed by the Mayor on January 18, 2000, it was assigned Act No. 13-256 and transmitted to both Houses of Congress for its review. D.C. Law 13-107 became effective on May 9, 2000.
Law 15-227, the "Retail Natural Gas Supplier Licensing and Consumer Protection Act of 2004", was introduced in Council and assigned Bill No. 15-679, and was retained by Council. The Bill was adopted on first and second readings on July 13, 2004, and October 5, 2004, respectively. Signed by the Mayor on November 1, 2004, it was assigned Act No. 15-567 and transmitted to both Houses of Congress for its review. D.C. Law 15-227 became effective on March 16, 2005.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
The Mayor of the District of Columbia is authorized to enter into contracts in connection with projects undertaken as federal-aid highway projects under the provisions of the Federal Aid Highway Act of 1944 in such amounts as shall be approved by the Federal Highway Administration, Department of Transportation.
(Oct. 26, 1973, 87 Stat. 507, Pub. L. 93-140, § 15.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-136.
1973 Ed., § 7-135b.
References in Text
The Federal Aid Highway Act of 1944, referred to near the middle of this section, was repealed by § 2(28) of the Act of August 27, 1958, 72 Stat. 919, Pub. L. 85-767.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
The Mayor of the District of Columbia is authorized to construct grade crossing elimination and other wholly District construction projects or those authorized under § 8 of the Act of June 16, 1936 (49 Stat. 1521), and § 1(b) of the Federal Aid Highway Act of 1938, in accordance with the provisions of such acts. Pursuant to this authority, the Mayor may make payment to contractors and payment for other expenses in connection with the costs of surveys, design, construction, and inspection pending reimbursement to the District of Columbia by the Federal Highway Administration, Department of Transportation, or other parties participating in such projects.
(Oct. 26, 1973, 87 Stat. 507, Pub. L. 93-140, § 16.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-137.
1973 Ed., § 7-135c.
References in Text
Section 8 of the Act of June 16, 1936 (49 Stat. 1521), and § 1(b) of the Federal Aid Highway Act of 1938, both referred to in the first sentence of this section, were repealed by § 2(19) and (21) of the Act of August 27, 1958, 72 Stat. 919, Pub. L. 85-767.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
