COUNCIL OF THE DISTRICT OF COLUMBIA
OFFICE OF COUNCILMEMBER BROOKE PINTO
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
WASHINGTON, D.C. 20004
July 13, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Smith,
Today, I am introducing the “Fairness in Use and Negotiation for All Recreational Property Act
of 2023.” I am proud to be joined by Councilmembers Anita Bonds, Robert C. White, Jr., Christina
Henderson, Zachary Parker, Matthew Frumin, Janeese Lewis George, and Trayon White, Sr. as
co-introducers. Please find attached a signed copy of the legislation.
The purpose of this legislation is to require the Mayor to engage the public for review and comment
and also to submit to the Council for review and approval by resolution, all exclusive use or license
agreements for District-owned recreational property that cover a period of three years or more.
Currently, as long as an agreement has a value of less than $1 million, District law allows the
Mayor to lease public recreational space for years or even decades without public input or Council
review, to a private entity. Thus, in numerous instances over the past several years, the Mayor has
leased District recreational property without any public notice and often times over broad
community and Council opposition.
While these agreements may sometimes be beneficial for the District’s many priorities, their
exclusive nature denies District residents, especially District children, the use and enjoyment of
these valuable public assets. Accordingly, District taxpayers and their representatives on the
Council, should be afforded the opportunity to review the agreements before District residents lose
their right to use these parks, playing fields, and other facilities held in the public trust.
This bill closes this loophole by requiring the Mayor to:
1. Satisfy the following public engagement requirements:
• The Mayor must hold at least one public hearing to obtain community input to inform the
Mayor’s determination whether a property should be exclusively leased. The hearing must
be held at an accessible time and location in the vicinity of the recreational property.
 • The Mayor must provide at least 30 days’ written notice of the public hearing to the affected
Advisory Neighborhood Commissions. A summary of the proposal, including a listing of
the principal information required of the Mayor, must accompany the notice.
2. Satisfy the following Council review requirements:
• The Mayor must submit a proposed resolution and analysis regarding the exclusive
agreement to the Council for review and approval.
• The resolution must include an analysis that includes: a description of the terms of the
agreement, the District’s current use of the property and why the District’s use of the
property should be limited or cease, a description of potential public uses of the property
considered by the Mayor, a narrative as to why the property is better suited for the purpose
described in the agreement rather than for public uses considered by the Mayor, an
explanation why the agreement is in the best interests of the District, an explanation of any
impact that the proposed exclusive agreement is expected to have on racial equity in the
District, and a summary of public comments received at the required public hearing..
Should you have any questions about this legislation, please contact my Legislative Director, Linn
Groft, at lgroft@dccouncil.gov.
Thank you,
Brooke Pinto
Councilmember for Ward 2
 _______________________________ ____________________________
Councilmember Anita Bonds Councilmember Brooke Pinto
_______________________________ _______________________________
Councilmember Christina Henderson Councilmember Robert C. White, Jr.
_______________________________ _______________________________
Councilmember Matthew Frumin Councilmember Zachary Parker
_______________________________ _______________________________
Councilmember Trayon White, Sr. Councilmember Janeese Lewis George
1 A BILL
2 __________
3 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
4 _________________
5 To provide that, before entering into an exclusive agreement with respect to the use of District-
6 owned recreational property for a term of 3 or more years, the Mayor shall satisfy certain
7 public engagement requirements, include in the exclusive agreement a provision for an
8 annual audit to ensure compliance with the terms of the exclusive agreement, and submit
9 a proposed resolution to the Council for review and approval, which shall include a
10 description of the District’s current use of the District-owned recreational property, the
11 fair market value of the requested use, and the anticipated amount that would be charged
12 for exclusive usage.
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14 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
15 act may be cited as the “Fairness in Use and Negotiation for All Recreational Property Act of
16 2023”.
17 Sec. 2. Submission to the Council of long-term use or license agreements.
18 (a) For purposes of this section, the term:
19 (1) “District-owned recreational property” means any park, playground, recreation
20 center, community center, sports field, aquatic center, District of Columbia public school
21 buildings, or similar recreational space titled in the name of the District or in which the District
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22 has a controlling interest. The term “District-owned recreational property” does not include
23 facilities operated by a District of Columbia Public Charter School.
24 (2) “Exclusive agreement” means a use agreement, license agreement, or other
25 contractual arrangement between the District government, and another party that has a duration
26 of 3 years or greater, inclusive of options, and that provides the other party with a right, whether
27 fully exercised or not, to exclude others from using the District-owned recreational property
28 during the District-owned recreational property’s typical operating hours. The term “exclusive
29 agreement” does not include any real property disposition or contract that is subject to Council
30 approval under another District law.
31 (b)(1) Before entering into an exclusive agreement with respect to the use of District-
32 owned recreational property, the Mayor shall satisfy the public engagement requirements of
33 subsection (c) of this section and submit a proposed resolution to the Council for review and
34 approval in accordance with the criteria established in paragraph (2) of this subsection.
35 (2) A proposed exclusive agreement shall be deemed approved by the Council if
36 one of the following occurs:
37 (A) During the 10-day period beginning on the 1st day (excluding
38 Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the
39 Council, no member of the Council introduces a resolution to approve or disapprove the
40 proposed exclusive agreement; or
41 (B) If a resolution has been introduced in accordance with subparagraph
42 (A) of this paragraph, and the Council does not approve or disapprove the exclusive agreement
43 during the 45-day review period beginning on the 1st day (excluding Saturdays, Sundays, and
44 holidays) following its receipt by the Office of the Secretary to the Council.
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45 (c)(1) Before submitting a proposed resolution pursuant to this section, the Mayor shall
46 hold at least one public hearing to obtain community input to inform the Mayor’s determination
47 whether an exclusive agreement should be entered into with respect to the District-owned
48 recreational property.
49 (2)(A) The hearing shall be held at an accessible evening or weekend time and in
50 an accessible location in the vicinity of the District-owned recreational property.
51 (B) The Mayor shall:
52 (i) At least 30 days before holding the public hearing, provide
53 written notice of the public hearing to affected Advisory Neighborhood Commissions, which
54 shall contain a summary of the proposal and the information described in subsection (d) of this
55 section; and
56 (ii) At least 15 days before the hearing, publicize the public
57 hearing by posting a written notice at the District-owned recreational property and placing a
58 notice of the public hearing in the District of Columbia Register.
59 (d) A proposed resolution submitted pursuant to subsection (b) of this section shall:
60 (1) Include the following:
61 (A) A physical description of the District-owned recreational property;
62 (B) The name and business address, if applicable, of the intended
63 counterparty to the proposed exclusive agreement;
64 (C) A description of the use of the District-owned recreational property to
65 be permitted under the exclusive agreement;
66 (D) A statement that the exclusive agreement shall not be inconsistent
67 with the substantive business terms submitted by the Mayor with the resolution in accordance
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68 with paragraph (2) of this subsection, unless revisions to those substantive business terms are
69 approved by the Council; and
70 (E) A statement that the exclusive agreement shall contain a provision
71 requiring an annual audit to ensure the lease abides by the usage agreement.
72 (2) Be accompanied by an analysis that includes the following:
73 (A) An executed term sheet or memorandum of understanding between the
74 District and the intended counterparty to the proposed exclusive agreement, including a
75 description of the substantive business terms of the exclusive agreement and any other terms that
76 the Mayor finds to be in the best interest of the District;
77 (B) A description of the District’s current use of the District-owned
78 recreational property, the fair market value of the requested use, the anticipated amount that
79 would be charged for exclusive usage, and why the District’s use of the property should be
80 limited or should cease pursuant to the proposed exclusive agreement;
81 (C) A description of potential public uses of the District-owned
82 recreational property considered by the Mayor;
83 (D) A detailed narrative as to why the District-owned recreational property
84 is better suited for the purpose described in the proposed exclusive agreement rather than for
85 each public use considered by the Mayor;
86 (E) A detailed explanation why the proposed exclusive agreement is in the
87 best interests of the District;
88 (F) An explanation of any impact that the proposed exclusive agreement is
89 expected to have on racial equity in the District; and
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 90 (G) A summary of public comments received at the public hearing
91 required under subsection (c) of this section.
92 Sec. 3. Fiscal impact statement.
93 The Council adopts the fiscal impact statement in the committee report as the fiscal
94 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
95 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
96 Sec. 4. Effective date.
97 This act shall take effect following approval by the Mayor (or in the event of veto by the
98 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
99 provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December
100 24, 1973 (87 Stat. 813; D.C. Official Code § l-206.02(c)(l)), and publication in the District of
101 Columbia Register.
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