§ 10-111. Transfer of jurisdiction over property between United States and District of Columbia--Authorization.

Prior Codifications

1981 Ed., § 8-111.

1973 Ed., § 8-115.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of Transfer of Jurisdiction Over Georgetown Waterfront Park for Public Park and Recreational Purposes, S.O. 84-230, Temporary Act of 2000 (D.C. Law 13-109, May 9, 2000, law notification 47 DCR 4346).

For temporary (225 day) amendment of section, see § 2 of Transfer of Jurisdiction of Reservation 19 and 124 Temporary Act of 2002 (D.C. Law 14-223, March 25, 2003, law notification 50 DCR 2736).

Emergency Act Amendments

For temporary (90-day) clarification of an earlier resolution, see § 2 of the Transfer of Jurisdiction over Georgetown Waterfront Park for Public Park and Recreational Purposes, S.O. 84-230, Emergency Act of 1999 (D.C. Act 13-252, January 27, 2000, 47 DCR 825).

For temporary (90 day) transfer of jurisdiction, see § 3 of Closing of Portions of Virginia Avenue, S.E., K Street, S.E., L Street, S.E., and 7th Street, S.E., and Transfer of Jurisdiction or Reservations 19 and 124, S.O. 02-2677, Emergency Act of 2002 (D.C. Act 14-609, January 7, 2003, 50 DCR 699).

For temporary (90 day) transfer of jurisdiction, see § 2 of Transfer of Jurisdiction of Reservation 19 and 124 Emergency Act of 2002 (D.C. Act 14-452, July 23, 2002, 49 DCR 7891).

For temporary (90 day) transfer of jurisdiction, see § 2 of Transfer of Jurisdiction of Reservation 19 and 124 Congressional Review Emergency Act of 2002 (D.C. Act 14-519, October 24, 2002, 49 DCR 10507).

For temporary (90 day) transfer of jurisdiction, see § 4 of Modifications to the Permanent System of Highways and Designation of Water Lily Lane, N.E., and Cassell Place, N.E., S.O. 07-3090, and Transfer of Jurisdiction of Portions of Parcel 170/27 and Parcel 170/28, Emergency Act of 2009 (D.C. Act 18-173, August 3, 2009, 56 DCR 6636).

For temporary (90 day) addition, see § 1221 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 1221 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Legislative History of Laws

Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.

Law 14-271, the "Closing of Portions of Virginia Avenue, S.E., K Street, S.E., L Street, S.E., and 7th Street, S.E., and Transfer of Jurisdiction of Reservation 19 and 124, S.O. 02-2677, Act of 2002", was introduced in Council and assigned Bill No. 14-836, and was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 3, 2002, and December 17, 2002, respectively. Signed by the Mayor on January 7, 2003, it was assigned Act No. 14-583 and transmitted to both Houses of Congress for its review. D.C. Law 14-583 became effective on April 2, 2003.

Delegation of Authority

Delegation of Authority to the Deputy Mayor for Planning and Economic Development to Execute Certain Documents with Respect to a portion of Fort Dupont Park, see Mayor's Order 2011-198, December 23, 2011 (58 DCR 11502).

Resolutions

Resolution 13-684, the "African-American Civil War Memorial Transfer of Jurisdiction Resolution of 2000", was approved effective November 8, 2000.

Resolution 14-375, the "Transfer of Jurisdiction of the D.C. General Hospital Campus and Old Jail Site Resolution of 2002", was approved effective March 5, 2002.

Resolution 15-287, the "Transfer of Jurisdiction of Part of U.S. Reservation 357 for the Mayor's Official Residence Resolution of 2003", was approved effective November 4, 2003.

Resolution 15-370, the "Transfer of Jurisdiction of Lot 812 in Square 391, Lot 811 in Square S 439 and Lot 820 in Square 472 Approval Resolution of 2003", was approved effective December 16, 2003.

Resolution 15-519, the "Transfer of Jurisdiction of the New York Avenue Animal Shelter Expansion Site Resolution of 2004", was approved effective May 4, 2004.

Resolution 15-763, the "Transfer of Jurisdiction of a Portion of Square 1171 Approval Resolution of 2004", was approved effective December 7, 2004.

Resolution 16-443, the "Transfer of Jurisdiction Over a Portion of U.S. Reservation 475, Fort Mahan Park Approval Resolution of 2006", was approved effective January 4, 2006.

Resolution 18-537, the "Transfer of Jurisdiction Over a Portion of U.S. Reservation 495 and Change in Purpose of a Previously Transferred Portion of U.S. Reservation 495 Approval Resolution of 2010", was approved effective July 13, 2010.

Resolution 18-538, the "Transfers of Jurisdiction over Portions of U.S. Reservations 334 and 334-I for the Reconfiguration of Columbus Circle, N.E., Approval Resolution of 2010", was approved effective July 13, 2010.

Resolution 19-143, the "Transfers of Jurisdiction over Portions of U.S. Reservation 542 and Lot 09 in Square 1772 Approval Resolution of 2011", was approved effective July 12, 2011.

Resolution 19-144, the "Transfers of Jurisdiction over Portions of Reservation 470 and Lot 811 in Square 1759 Approval Resolution of 2011", was approved effective July 12, 2011.

Miscellaneous Notes

Transfer of land for highway purposes: Pursuant to Resolution 5-156, the "Transfer of Jurisdiction Over Portions of Land Owned by the Government Printing Office to the District of Columbia for Highway Purposes Resolution of 1983", effective May 10, 1983, the Council accepted the transfer of jurisdiction over portions of lots 884 and 885 in Square 677 from the United States Government Printing Office to the District of Columbia for highway purposes as shown on the plat filed with the Surveyor's Office of the District of Columbia (S.O. 75-158).

Pursuant to Resolution 5-640, the "Transfer of Jurisdiction of Parts of Whitehaven Street, N.W., and Observatory Circle, N.W., and part of Reservation 357 Resolution of 1984," effective April 30, 1984, the Council approved the transfer of jurisdiction from the District of Columbia to the National Park Service, for park purposes, of parts of Whitehaven Street, N.W., and Observatory Circle, N.W., and accepted the transfer of jurisdiction from the National Park Service to the District of Columbia, for highway purposes, of part of Reservation 357, as shown on the Surveyor's plat filed under S.O. 82- 227.

Pursuant to Resolution 5-773, the "Transfer of Jurisdiction over part of United States Reservation 500 Resolution of 1984," effective July 10, 1984, the Council accepted the transfer of jurisdiction from the National Park Service of part of United States Reservation 500 for the Metropolitan Police Boys' and Girls' Club, as shown on the plat on file in the Office of the Surveyor of the District of Columbia under S.O. 83-245.

Pursuant to Resolution 8-232, the "Transfer of Jurisdiction over Portions of Public Streets Adjacent to the U.S. Navy's Bellevue Housing Complex, S.O. 87- 300, Resolution of 1990", effective June 22, 1990, the Council approved the transfer from the District of Columbia to the United States Department of the Navy of jurisdiction over portions of Chesapeake Street, S.W., Magazine Road, S.W., and an unnamed public street west of Overlook Avenue, S.W., in Ward 8.

Council approval of transfer of jurisdiction over Georgetown Waterfront park: Pursuant to Resolution 6-284, the "Transfer of Jurisdiction over Georgetown Waterfront Park for Public Park and Recreational Purposes, S.O. 84-230, Resolution of 1985," effective September 10, 1985, the Council approved the transfer of jurisdiction over Georgetown Waterfront Park in Ward 2 to the National Park Service for public park and recreational purposes.

Transfer of jurisdiction over certain property in Fort Lincoln New Town approved: Pursuant to Resolution 6-410, the "Transfer of Jurisdiction over Part of Parcel 173/142 in Fort Lincoln New Town, S.O. 84-285, Resolution of 1985," effective November 5, 1985, the Council approved the transfer for recreational purposes from the United States Department of Housing and Urban Development to the District of Columbia Redevelopment Land Agency of jurisdiction over part of Parcel 173/142 to Fort Lincoln New Town, as shown on the Surveyor's plat filed under S.O. 84-285.

Encouragement of acquisition of land by federal government: Pursuant to Resolution 8-189, the "National Park Service--Georgetown Branch Rail Right-of-Way Acquisition Resolution of 1990", effective February 2, 1990, the Council encouraged the federal government to acquire the District of Columbia portion of the abandoned rail right-of-way known as the Georgetown Branch.

Transfer of Jurisdiction over Lot 812 in Square 2939, S.O. 89-221, Resolution of 1990: Pursuant to Resolution 8-328, effective January 11, 1991, the Council approved the transfer of jurisdiction from the District of Columbia to the National Park Service of the United States Department of the Interior over Lot 812 in Square 2939, bounded by Quackenbush Street, N.W., Georgia Avenue, N.W., Peabody Street, N.W., and 13th Street, N.W., in Ward 4.

Transfer of Jurisdiction over a Portion of U.S. Reservation 360, S.O. 89-245, Resolution of 1990: Pursuant to Resolution 8-329, effective January 11, 1991, the Council approved the transfer for public street purposes of jurisdiction from the National Park Service of the United States Department of the Interior to the District of Columbia over a portion of U.S. Reservation 360, at the intersection of Virginia Avenue, N.W., and I Street, N.W., in Ward 2.

Transfer of Jurisdiction over Children's Island, S.O. 92-252, Resolution of 1993: Pursuant to Resolution 10-91, effective July 30, 1993, the Council approved the transfer from the National Park Service of the United States Department of the Interior to the District of Columbia jurisdiction over property in the Anacostia River in Ward 6 known as National Children's Island, for public park and recreational purposes.

Transfer of Jurisdiction over a Portion of U.S. Reservation 7, S.O. 90-354, Resolution of 1994: Pursuant to Resolution 10-255, effective January 14, 1994, the Council approved the transfer of jurisdiction, for park purposes, from the District of Columbia to the National Park Service of the United States Department of the Interior over a portion of U.S. Reservation 7, bounded by 4th, E, 5th and F Streets, N.W., in Ward 6.

Transfer of Jurisdiction over a Portion of Square 1183, S.O. 93-81, Resolution of 1994: Pursuant to Resolution 10-448, effective November 18, 1994, the Council approved the transfer of jurisdiction, for park purposes, from the District of Columbia to the National Park Service of the United States Department of the Interior over a portion of Lot 807 in Square 1182, bounded by M Street, N.W., 34th Street, N.W., the Chesapeake and Ohio Canal, and Francis Scott Key Bridge, N.W., in Ward 2.

Transfer of Jurisdiction over a Portion of U.S. Reservation 515, S.O. 92-101, Resolution of 1994: Pursuant to Resolution 10-449, effective November 18, 1994, the Council approved the transfer of jurisdiction, for school and recreational purposes, from the National Park Service of the United States Department of the Interior to the District of Columbia over a portion of U.S. Reservation 515, located adjacent to Murch Elementary School at Reno Road, N.W., and Ellicott Street, N.W., in Ward 3.

Transfer of jurisdiction over District of Columbia Correctional Facility: Section 6(b) of D.C. Law 11-276 provides that notwithstanding this section, the Council of the District of Columbia approves the transfer from the United States government to the District of Columbia of jurisdiction over that portion of Lot 800 of Square 1112 upon which is situated the District of Columbia Correctional Treatment Facility, as shown on a plat to be drawn and filed in the Office of the Surveyor of the District of Columbia.

Transfer of Jurisdiction over a Portion of Independence Avenue, S.W., S.O. 85- 96, Resolution of 1996: Pursuant to Resolution 11-207, effective February 6, 1996, the Council approved the transfer of jurisdiction, for park purposes, from the District of Columbia to the National Park Service of the United States Department of the Interior, over a portion of the north side of Independence Avenue, S.W., between 4th Street, S.W., and Maryland Avenue, S.W., in Ward 2.

Transfer of Jurisdiction over a Portion of Parcel 174-15 and Lot 802 in Square 4325, S.O. 85-182, Resolution of 1996: Pursuant to Resolution 11-235, approved March 5, 1996, and effective upon publication on March 15, 1996, Council approved the transfer of jurisdiction, for open space and urban renewal development purposes, from the National Park Service of the United States Department of the Interior to the District of Columbia over a portion of Parcel 17 4/15 and Lot 802 in Square 4325 located at the intersection of Bladensburg Road, N.E., and Eastern Avenue, N.E., in Ward 5.

Transfer of Jurisdiction over public land: Section 3 of D.C. Law 14-271 provides: " Pursuant to section 1 of An Act To Authorize the Transfer of Jurisdiction Over Public Land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; D.C. Official Code § 10-111), the Council approves the transfer of jurisdiction of part of U.S. Reservation 19 from the District of Columbia to the U.S. Department of Defense, and the transfer of jurisdiction of U.S. Reservation 124 from the National Park Service of the U.S. Department of the Interior to the U.S. Department of Defense, as shown on the Surveyor's plat filed under S.O. 02-2677, for the purpose of facilitating construction of a new Marine Corps Residence Quarters Annex."

Transfer of Jurisdiction over public lands: Section 344 of Pub. L. 108-335, 118 Stat. 1350, the District of Columbia Appropriations Act, 2005, provides:

"Sec. 344. Transfer to District of Columbia.

"(a) Transfer of Jurisdiction --

"(1) In general. -- Not later than 90 days after the date of enactment of this Act, subject to subsection (b), the Director of the National Park Service (referred to in this section as the 'NPS'), acting on behalf of the Secretary of the Interior, shall transfer jurisdiction to the government of the District of Columbia, without consideration, the property described in paragraph (2).

"(2) Property. -- The property referred to in paragraph (1) is --

"(A) a portion of National Park Service land in Anacostia Park, U.S. Reservation 343, Section G, the boundaries of which are the Anacostia River to the west, Watts Branch to the south, Kenilworth Aquatic Gardens to the north, and Anacostia Avenue to the east which includes the community center currently occupied under permit by the District of Columbia known as the 'Kenilworth Parkside Community Center'; and

"(B) all of U.S. Reservation 523.

"(b) Conditions of transfer. --

"(1) Term. -- Jurisdiction will be transferred from the NPS to the District of Columbia.

"(2) Condition of transfer. -- The transfer of jurisdiction under subsection (a)(1) shall be subject to such terms and conditions, to be included in a Declaration of Covenants to be mutually executed between NPS and the District of Columbia to ensure that the property transferred under that subsection --

"(A) is used only for the provision of public recreational facilities, open space, or public outdoor recreational opportunities; and

"(B) nothing in this Act precludes the District of Columbia from entering into a lease for all or part of the property with a public not-for-profit entity for the management or maintenance of the property.

"(3) Termination. --

"(A) In general. -- The transfer under subsection (a)(1) shall terminate if --

"(i) any term or condition of the transfer described in paragraph (2) or contained within the Declaration of Covenants described in paragraph (2) is violated, as determined by the NPS; and

"(ii) the violation is not corrected by the date that is 90 days after the date on which the Mayor of the District of Columbia receives from the NPS a written notice of the violation.

"(B) Determination of correction. -- A violation of a term or condition of the transfer under subsection (a)(1) shall be determined to have been corrected under subparagraph (A)(ii) if, after notification of the violation, the District of Columbia and the NPS enter into an agreement that the NPS considers to be adequate to ensure that the property transferred will be used in a manner consistent with paragraph (2).

"(4) Prohibition of civil actions. -- No person may bring a civil action relating to a violation of any term or condition of the transfer described in paragraph (2) before the date that is 90 days after the person notifies the Mayor of the District of Columbia of the alleged violation (including the intent of the person to bring a civil action for termination of the transfer under paragraph (3)).

"(5) Removal of structures; rehabilitation. -- The transfer under subsection (a)(1) shall be subject to the condition that, in the event of a termination of the transfer under paragraph (3), the District of Columbia shall bear the cost of removing structures on, or rehabilitating, the property transferred.

"(6) Administration of property. -- If the transfer under subsection (a)(1) is terminated under paragraph (3), the property covered by the transfer shall be returned to the NPS and administered as a unit of the National Park System in the District of Columbia in accordance with --

"(A) the Act of August 25, 1916 (commonly known as the 'National Park Service Organic Act') (16 U.S.C. 1 et seq.); and

"(B) other laws (including regulations) generally applicable to units of the National Park System."

Transfer of Jurisdiction over portion of Parcel 170/27 and Parcel 170/28: Section 4 of D.C. Law 18-68 provides:

"Sec. 4. (a) Pursuant to section 1 of An Act to Authorize the Transfer of Jurisdiction Over Public Land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; D.C. Official Code § 10-111), the Council approves the transfer of jurisdiction from the United States, by the National Park Service, for residential purposes, of that certain land commonly known as undeveloped land generally adjacent to Anacostia Avenue, N.E., and Hayes Street, N.E., and more particularly described as a portion of Parcel 170/27 and Parcel 170/28, containing approximately 203,903 square feet of land area, being the same property as previously transferred for park purposes as part of U.S. Reservation 343G through a transfer of jurisdiction from the District of Columbia to the National Park Service, as shown on that certain plat recorded on October 12, 1950, and in the Office of the Surveyor for the District of Columbia in Book 131 at Page 97 ("Property"). Approval of this transfer is subject to the restriction that the Property be used for residential purposes in accordance with the plans approved pursuant to Zoning Commission Case No. 06-30."

Short title: Section 1220 of D.C. Law 18-111 provided that subtitle W of title I of the act may be cited as the "Approval of Change in Use of Certain Properties Formerly Titled in the United States Government Act of 2009".

Section 1221 of D.C. Law 18-111 provides:

"The use of any property transferred to the District pursuant to the Second Fiscal Year 2010 Budget Request Act, passed on 1st reading on July 31, 2009 (Enrolled version of Bill 18-412), shall not be modified unless the new use is authorized pursuant to District law."