MURIEL BOWSER
MAYOR
February 7, 2024
The Honorable Phil Mendelson Chairman,
Council ofthe District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District ofColumbia is the Transportation
Improvements Amendment Act of2024, The bill will amend the Department of Transportation
Establishment Act of 2002 to provide the District Departmentof Transportation (~DDOT”) Director the
authority to construct, maintain and control DDOT infrastructure on land transferred from the federal
government to include recreational purposes, provided that the land is adjacent to public space. This will
allow the District to manage and permit private use of public space on the 11" Street Bridge Park project.
The bill will also make clear that existing law provides the District adequate interest in the federal
parkland where transportation infrastructure projects are located in order to meet federal highway funding
requirements. Additionally, the bill will give the Director the authority to reconfigure DDOT offices to
best meet the functions outlined in the D.C. Code.
Council action is necessary to provide assurance that federal highway funding is used in accordance with
Title 23, United States Code and to allow DDOT to use land transferred from the National Park Service to
the District for projects integral to a transportation improvement plan or project or DDOT’s control of
public space.
As always, | am available to discuss any questions you may have regarding this bill. In order to facilitate
a response to any questions, please have yourstaff contact District DepartmentofTransportation Interim
Director Sharon Kershbaum at (202) 671-2317.
urge you to take prompt and favorable action regarding the enclosed legislation.
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Chairman Phil Mendelson
3 at the request of the Mayor
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6 A BILL
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12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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17 To amend the Department of Transportation Establishment Act of 2002 to provide the District
18 Department of Transportation ("DDOT") Director with the authority to construct,
19 maintain and control DDOT infrastructure on land transferred from the federal
20 government for recreational purposes, provided that the land is adjacent to public space
21 and integral to a transportation improvement plan or project or DDOT's control of public
22 space; and to provide that the District has an adequate interest sufficient to meet federal
23 highway funding requirements in federal parkland where transportation infrastructure
24 projects are located
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26 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
27 act may be cited as the "Transportation Improvements Amendment Act of 2024".
28 Sec. 2. Department of Transportation Establishment Act of 2002, effective May 21, 2002
29 (D .C. Law 14- 137; D.C. Official Code§ 50- 921.01 et seq.), is amended as follows:
30 (a) Section 5(a)(l) (D.C. Official Code§ 50-921.04(a)(l)) is amended by adding a new
31 subparagraph (W) to read as follows:
32 "(W) Manage, control, and implement transportation improvement plans
33 and projects on land transferred from the federal government for recreational use
34 pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction
35 over public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161;
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 1 D.C. Official Code § 10-111); provided that the land transferred is adjacent to public space and is
2 part of a transportation improvement plan or project.”.
3 (b) A new section 9r is added to read as follows:
4 “Sec. 9r. Adequate Interest for transportation projects on National Park Service parkland.
5 “When public roads and bridges on National Park Service parkland entrusted to the
6 Mayor by Congress are in need of reconstruction or adjustment, the authority given to the Mayor
7 pursuant to An act for the government of the District of Columbia, and for other purposes,
8 approved June 20, 1874 (18 Stat. 116; D.C. Official Code §§ 9-101.01 and 9-101.02), shall be
9 deemed to be an interest adequate to fulfill the purpose of the project within the meaning of Title
10 23, United States Code. Pursuant to these provisions, the Mayor is authorized to operate and
11 maintain those public roads and bridges, including associated infrastructure, subject to applicable
12 permits from the National Park Service.”.
13 Sec. 3. Fiscal Impact Statement.
14 The Council of the District of Columbia adopts the fiscal impact statement of the Chief
15 Financial Officer as the fiscal impact statement required by section 4a of the General Legislative
16 Procedures Act of 1975, approved October 16, 1975 (120 Stat. 2038; D.C. Official Code § 1-
17 301.47a).
18 Sec 4. Effective Date.
19 This act shall take effect following approval by the Mayor (or in the event of veto by the
20 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
21 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
22 24, 1973 (87Stat. 813; D.C. Official Code § 1-20602(c)(1), and publication in the District of
23 Columbia Register.
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 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: June 12, 2023
SUBJECT: Legal Sufficiency Review of Draft Bill, the “Transportation
Improvements Amendment Act of 2023”
(AE-23-303)
This is to Certify that this Office has reviewed the above-referenced
legislation and has found it to be legally sufficient. If you have any questions
regarding this certification, please do not hesitate to contact me at (202) 724-5524.
_______________________________
Megan D. Browder
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone: (202) 724-5524 Email: megan.browder@dc.gov
 Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: September 11, 2023
SUBJECT: Fiscal Impact Statement – Transportation Improvements Amendment
Act of 2023
REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on August 18,
2023
Conclusion
Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to
implement the bill.
Background
The federal government has and continues to act upon its authority1 to transfer land to the District
for various purposes, including recreational uses. The bill expands the District Department of
Transportation’s (DDOT) Project Delivery Administration’s duties to include the administration of
transportation improvement plans located on lands transferred for recreational purposes if the land
is adjacent to public space and is part of a larger transportation improvement plan.
The bill establishes that the Mayor has adequate interest2 in roadways and bridges that have been
entrusted to the Mayor by Congress3 that are located on National Park Service (NPS) land. This will
allow DDOT to reconstruct or maintain this infrastructure on NPS land that the District has not
1 40 U.S.C. § 8124 and 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).
2 Consistent with Title 23, U.S.C.
3 An act for the government of the District of Columbia, and for other purposes, approved June 20, 1874 (18
Stat. 116; D.C. Official Code §§ 9-101.01 and 0-101.02).
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
The Honorable Phil Mendelson
FIS: “Transportation Improvements Amendment Act of 2023,” Draft bill as provided to the Office of Revenue
Analysis on August 18, 2023
purchased, condemned, been provided an easement, or controlled through a transfer of jurisdiction.
DDOT’s projects on these roadways and bridges are still subject to the appropriate NPS permits.
The bill also repeals the statutory establishment of DDOT’s organizational structure.4 The bill
enhances DDOT’s statutorily assigned duties5 to ensure DDOT maintains responsibility for any duties
that were codified in the proposed organizational structure repeal that were not codified elsewhere.
The bill provides the DDOT director with the flexibility to establish organizational offices and
divisions as the director needs to fulfill DDOT’s assigned duties.
Financial Plan Impact
Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to
implement the bill. The bill ensures that DDOT has the necessary authority to implement
transportation improvement plans on lands that have been transferred to the District for recreational
purposes or that the District does not control, but where DDOT has responsibility to maintain related
to roadways and bridges. DDOT can absorb any costs associated with this authority within the
agency’s existing budgeted resources.
There are no costs associated with repealing DDOT’s codified organizational structure as the bill
maintains the agency’s existing duties and responsibilities.
4 Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C.
Official Code § 50-921.03).
5 D.C. Official Code § 50-921.04.
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