Code of the District of Columbia

Chapter 3. Armory Board.


Subchapter I. General Provisions.

§ 3–301. Declaration of policy.

It is hereby declared to be the policy of the Congress that the District of Columbia National Guard Armory shall be maintained and operated primarily to provide facilities for the quartering and training of the District of Columbia National Guard, and, secondarily, to provide suitable facilities for major athletic events, conventions, concerts, such other activities as may be in the interest of the District of Columbia, including, but not limited to, the provision of emergency protection when the temperature falls below 32 degrees Fahrenheit, and that such Armory shall be operated as nearly as practicable on a self-supporting basis.


(June 4, 1948, 62 Stat. 339, ch. 418, § 1; Mar. 16, 1989, D.C. Law 7-204, § 3, 36 DCR 454; Oct. 22, 2005, D.C. Law 16-35, § 32(c), (e), 52 DCR 8113.)

Prior Codifications

1981 Ed., § 2-301.

1973 Ed., § 2-1701.

Section References

This section is referenced in § 10-1202.02a.

Effect of Amendments

D.C. Law 16-35 substituted “such other activities as may be in the interest of the District of Columbia, including, but not limited to, the provision of emergency protection when the temperature falls below 32 degrees Fahrenheit,” for “such other activities as may be in the interest of the District of Columbia,”.

Transfer of Functions

Transfer of nonmilitary functions to Sports Commission: Section 19 of D.C. Law 10-152, provided, in part, that the Sports Commission shall assume all nonmilitary functions of the Armory Board as are set forth in § 2-306 § 3-306, 2001 Ed. and that all references to the Armory Board in subchapter II of Chapter 3 of Title 2 subchapter II of Chapter 3 of Title 3, 2001 Ed. are intended to be references to the Sports Commission unless the clear meaning requires otherwise.

References in Text

The National Guard, referred to in this section, was substituted for the Militia pursuant to the Act of February 18, 1909, 35 Stat. 636.

Editor's Notes

Section 2 of D.C. Law 10-206 amended § 19 of D.C. Law 10-152 by adding (e) and (f) which contain provisions authorizing the Armory Board to exercise its nonmilitary functions and authority on an interim basis and ratifying actions taken during the interim period.

Appropriations authorized: Public Law 104-194, 110 Stat. 2363, the District of Columbia Appropriations Act, 1997, provided for the Starplex Fund, $8,717,000 from other funds for expenses incurred by the Armory Board in the exercise of its powers granted by this subchapter and subchapter II of this chapter: Provided, That the Mayor shall submit a budget for the Armory Board for the forthcoming fiscal year as required by [§ 47-301(b) § 1-204.42, 2001 Ed.].

Construction of Law

Construction of Law 7-204

Section 7 of D.C. Law 7-204 provided that nothing in the act shall be construed to reduce the rights recognized by subchapter I of Chapter 6 of Title 3 [subchapter I of Chapter 7 of Title 4, 2001 Ed.].


§ 3–302. Establishment; composition; term of office; alternates; compensation; election of Chairman.

There is established an Armory Board, to be composed of the Commanding General of the District of Columbia National Guard, and 2 other members appointed by the Mayor of the District of Columbia by and with the advice and consent of the Council of the District of Columbia. The members appointed by the Mayor shall each serve for a term of 4 years beginning on the date such member qualifies. Each member of the Armory Board is authorized to appoint, and in his discretion to withdraw the appointment of, an alternate and to delegate to such alternate authority to act in his place and stead in respect of the powers granted by this subchapter. The members of said Board and the alternates shall serve without additional compensation. Said Armory Board shall elect a Chairman from among its members.


(June 4, 1948, 62 Stat. 339, ch. 418, § 2; Dec. 24, 1973, 87 Stat. 811, Pub. L. 93-198, title IV, § 494.)

Prior Codifications

1981 Ed., § 2-302.

1973 Ed., § 2-1702.

Section References

This section is referenced in § 1-315.02, § 1-523.01, and § 1-604.06.

Cross References

“Agency” defined, see 1-315.02.

Disclosure of financial interests, requirements, see 1-1106.02.

Nomination and approval of agency heads, see 1-523.01.

Personnel authority, rules and regulations, implementation, see 1-604.06.

Transfer of Functions

Transfer of nonmilitary functions to Sports Commission: Section 19 of D.C. Law 10-152, provided, in part, that the Sports Commission shall assume all nonmilitary functions of the Armory Board as are set forth in § 2-306 repealed and that all references to the Armory Board in Subchapter II of Chapter 3 of Title 2 are intended to be references to the Sports Commission unless the clear meaning requires otherwise.

References in Text

The National Guard, referred to in the first sentence of this section, was substituted for the Militia pursuant to the Act of February 18, 1909, 35 Stat. 636.

Editor's Notes

Section 2 of D.C. Law 10-206 amended § 19 of D.C. Law 10-152 by adding (e) and (f) which contain provisions authorizing the Armory Board to exercise its nonmilitary functions and authority on an interim basis and ratifying actions taken by the Board during the interim period.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-211), 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, § 1-213(a)), appropriate changes in terminology were made in this section.


§ 3–303. Control of and jurisdiction over Armory; maintenance and repair.

For the purposes of this subchapter, said Armory Board is vested with the control of and jurisdiction over the District of Columbia National Guard Armory. For the purposes of maintenance and repair, the Office of Contracting and Procurement shall perform all contracting on behalf of the Armory.


(June 4, 1948, 62 Stat. 339, ch. 418, § 3; Apr. 12, 1997, D.C. Law 11-259,§ 309, 44 DCR 1423.)

Prior Codifications

1981 Ed., § 2-303.

1973 Ed., § 2-1703.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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.


§ 3–304. Motor vehicle parking areas.

Upon the request of the Armory Board the Secretary of the Interior shall provide for the use of said Board, under such arrangements for improvement, lighting, and maintenance as may be agreed upon between the Secretary of the Interior and said Board, such areas of land adjacent to the Armory and under the control of the Secretary of the Interior as said Board deems adequate for motor vehicle parking purposes.


(June 4, 1948, 62 Stat. 339, ch. 418, § 4.)

Prior Codifications

1981 Ed., § 2-304.

1973 Ed., § 2-1704.


§ 3–305. Use of Armory by National Guard.

The Armory Board shall set aside for the exclusive use of the District of Columbia National Guard such parts of the headquarters and regimental buildings and basement of the drill hall, and such of the storage rooms contiguous to the drill hall as shown upon drawing A-3, first-floor plan, approved by the Council of the District of Columbia April 19, 1940, as said Armory Board may from time to time find are necessary for the use of the National Guard. The parts of the Armory so set aside for the use of the National Guard shall be under the control and jurisdiction of the Commanding General of the National Guard for all purposes except maintenance and repair of the Armory. The drill hall and those parts of the Armory not set aside for the exclusive use of the National Guard shall be available to the National Guard under schedules for joint use made by the Armory Board so as to carry out the purposes and intent of this subchapter.


(June 4, 1948, 62 Stat. 339, ch. 418, § 5.)

Prior Codifications

1981 Ed., § 2-305.

1973 Ed., § 2-1705.

Section References

This section is referenced in § 3-343.01.

References in Text

The National Guard, referred to throughout this section, was substituted for the Militia pursuant to the Act of February 18, 1909, 35 Stat. 636.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. 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.


§ 3–306. Authorization of Board to carry out secondary purposes of subchapter. [Repealed]

Repealed.


(June 4, 1948, 62 Stat. 340, ch. 418, § 6; Apr. 7, 1977, D.C. Law 1-113, § 2(1), 23 DCR 8742; June 14, 1980, D.C. Law 3-70, § 7(o)(1), 27 DCR 1776; Aug. 23, 1994, D.C. Law 10-152, § 21(c), 41 DCR 4636; Mar. 23, 1995, D.C. Law 10-246, § 8(h).)

Prior Codifications

1981 Ed., § 2-306.

1973 Ed., § 2-1706.

Emergency Legislation

For temporary repeal of section, see § 8(h) of the Recreation Emergency Act of 1995 (D.C. Act 11-20, February 28, 1995, 42 DCR 1175).

Transfer of Functions

Transfer of nonmilitary functions to Sports Commission: For temporary amendment of D.C. Law 10-152, authorizing the Armory Board to exercise its nonmilitary functions and authority on an interim basis, see § 2 of the Armory Board Interim Authority Emergency Amendment Act of 1994 (D.C. Act 10-325, October 14, 1994, 41 DCR 7027) and § 2 of the Armory Board Interim Authority Congressional Adjournment Emergency Amendment Act of 1995 (D.C. Act 11-5, January 19, 1995, 42 DCR 545).


§ 3–307. Starplex Fund. [Repealed]

Repealed.


(June 4, 1948, 62 Stat. 341, ch. 418, § 8; Aug. 4, 1955, 69 Stat. 498, ch. 562,§ 1; July 28, 1958, 72 Stat. 423, Pub. L. 85-561, § 2(a); Sept. 23, 1959, 73 Stat. 702, Pub. L. 86-378, § 2; Apr. 7, 1977, D.C. Law 1-113, § 2(2), 23 DCR 8742; June 14, 1980, D.C. Law 3-70, § 7(o)(3)-(6), 27 DCR 1776; Oct. 19, 1989, D.C. Law 8-44, § 2, 36 DCR 5777; Aug. 23, 1994, D.C. Law 10-152, § 21(c), 41 DCR 4636; Mar. 23, 1995, D.C. Law 10-246, § 8(h).)

Prior Codifications

1981 Ed., § 2-307.

1973 Ed., § 2-1708.

Emergency Legislation

For temporary repeal of section, see § 8(h) of the Recreation Emergency Act of 1995 (D.C. Act 11-20, February 28, 1995, 42 DCR 1175).


§ 3–308. Transfer of assets held in various funds.

All assets held in the Armory Board Working Capital Fund, the Canteen Fund of the District of Columbia National Guard, and the Stadium Operating Fund shall be transferred to the Starplex Fund; provided, that the assets in the Canteen Fund and any funds derived from the operation of a canteen fund and any funds derived from the operation of a canteen in the Armory for the use and benefit of the District of Columbia National Guard shall inure to the benefit of the District of Columbia National Guard.


(June 4, 1948, 62 Stat. 341, ch. 418, § 8a; as added June 14, 1980, D.C. Law 3-70, § 7(o)(7), 27 DCR 1776; Mar. 25, 2009, D.C. Law 17-353, § 185, 56 DCR 1117.)

Prior Codifications

1981 Ed., § 2-308.

Effect of Amendments

D.C. Law 17-353 deleted “established by § 3-307” following “Starplex Fund”.

References in Text

Section 3-307, referred to in this section, was repealed by D.C. Law 10-152, 41 DCR 4636, effective Aug. 23, 1994.


§ 3–309. Manager; employment of additional personnel. [Repealed]

Repealed.


(June 4, 1948, 62 Stat. 342, ch. 418, § 9; Aug. 19, 1964, 78 Stat. 494, Pub. L. 88-448, title IV, § 402(a)(27); Aug. 23, 1994, D.C. Law 10-152, § 21(c), 41 DCR 4636; Mar. 23, 1995, D.C. Law 10-246, § 8(h).)

Prior Codifications

1981 Ed., § 2-309.

1973 Ed., § 2-1709.

Emergency Legislation

For temporary repeal of section, see § 8(h) of the Recreation Emergency Act of 1995 (D.C. Act 11-20, February 28, 1995, 42 DCR 1175).


§ 3–310. Financial statement; report of activities and business; recommendations. [Repealed]

Repealed.


(June 4, 1948, 62 Stat. 342, ch. 418, § 10; Nov. 15, 1977, 91 Stat. 1383, Pub. L. 95-185, § 2; Aug. 17, 2016, D.C. Law 21-143, § 3, 63 DCR 7589.)

Prior Codifications

1981 Ed., § 2-310.

1973 Ed., § 2-1710.

Cross References

District of Columbia fiscal management, issuance of revenue bonds, limitations, see § 1-206.03.

National Children’s Island, facilities and parking, available lands, see § 10-1404.

Sports and entertainment commission, assumption of nonmilitary functions of armory board, see § 3-1418.

Emergency Legislation

For temporary (90 days) repeal of this section, see § 3 of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).

Editor's Notes

Office of Auditor abolished: The Office of the Auditor of the District of Columbia was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 3 of the Board of Commissioners, dated August 28, 1952, established, under the direction and control of the Board of Commissioners, a Department of General Administration headed by a Director. The Order transferred to the Director of General Administration all of the functions of the Office of Auditor. Reorganization Order No. 19 established the Internal Audit Office headed by an Internal Audit Officer in the Department of General Administration. The function of certifying as to the accuracy of the yearly financial statement of the Armory Board was transferred to the Internal Audit Office. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Reorganization Order Nos. 3 and 19 were revoked by Organization Order No. 3 of the Commissioner of the District of Columbia, dated December 13, 1967. Organization Order No. 3 established within the newly created Department of General Administration an Internal Audit Office and prescribed the functions thereof. These functions were subsequently transferred to the Director of the Department of Finance and Revenue by Commissioner’s Order No. 69-96, dated March 7, 1969. Part IVB of Organization Order No. 3 and that portion of paragraph 4 of Commissioner’s Order No. 69-96 pertaining to a transfer of audit functions to the Department of Finance and Revenue were revoked by Organization Order No. 33, dated July 14, 1972. The latter Order established an Office of Municipal Audit and Inspection and prescribed the functions thereof. Organization Order No. 50, dated December 31, 1974, established the Office of Budget and Management Systems, and transferred to that Office the functions of the Municipal Audit Office. The Office of Budget and Management Systems was replaced by Mayor’s Order 79-5, dated January 2, 1979, which Order established the Office of Budget and Resource Development.


Subchapter II. Robert F. Kennedy Memorial Stadium.

§ 3–321. Purpose; authorization of Board to construct, maintain, and operate Stadium; plans. [Repealed]

Repealed.


(Sept. 7, 1957, 71 Stat. 619, Pub. L. 85-300, § 2; July 28, 1958, 72 Stat. 421, Pub. L. 85-561, § 1(1), (2); Sept. 23, 1959, 73 Stat. 702, Pub. L. 86-378, § 1(1); Aug. 23, 1994, D.C. Law 10-152, § 21(a)(1), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-321.

1973 Ed., § 2-1720.

Transfer of Functions

Section 19(b) of D.C. Law 10-152 provided that all references to the Armory Board in subchapter II of Chapter 3 of Title 2 subchapter II of Chapter 3 of Title 3, 2001 Ed. are hereinafter intended to be references to the Sports Commission unless the clear meaning requires otherwise.

Editor's Notes

Appropriations authorized: Public Law 104-194, 110 Stat. 2363, the District of Columbia Appropriations Act, 1997, provided for the Starplex Fund, $8,717,000 from other funds for expenses incurred by the Armory Board in the exercise of its powers granted by this subchapter and subchapter II of this chapter: Provided, That the Mayor shall submit a budget for the Armory Board for the forthcoming fiscal year as required by § 47-301(b).

Effect of dissolution of Sports Commission: Section 19(d) of D.C. Law 10-152 provided that if the Sports Commission is dissolved by repeal of the act or ceases to exist for any reason, all of its assets (including, but not limited to, cash, accounts receivable, reserve funds, real or personal property and contract and other rights) shall automatically be assigned to and become the property of the District.

Construction of Law

Construction of Law 10-152

Section 19(c) of D.C. Law 10-152 provided that the provisions of the act are to be liberally construed so as to effectuate those powers which are specifically enumerated.


§ 3–322. Authorization of Secretary of Interior.

The Secretary of the Interior is authorized and directed to acquire by gift, purchase, condemnation, or otherwise, all real property within the boundaries of the East Capitol Street site, as established in the 1st paragraph under the heading “(2) East Capitol Street Site” contained in the National Capital Planning Commission report entitled “Preliminary Report on Sites for National Memorial Stadium” dated November 8, 1956, and thereafter, acting under authority of the Act entitled “An Act to establish a National Park Service, and for other purposes,” approved August 25, 1916, as amended (16 U.S.C. § 1 et seq.), the Secretary of the Interior shall enter into a contract with the Board for the construction, maintenance, and operation of the Stadium (including the operation and maintenance of motor vehicle parking areas) on such East Capitol Street site, except that such contract may be for a term of not more than 30 years. The Secretary of the Interior is authorized and directed to construct and prepare in areas A, C, D, and E only, on such site, as such areas are indicated on National Capital Parks Map No. 1.7-146, motor vehicle parking areas, including driveways, walks, lighting, and landscaping, at a total cost not to exceed $2,660,000.


(Sept. 7, 1957, 71 Stat. 619, Pub. L. 85-300, § 3; July 28, 1958, 72 Stat. 421, Pub. L. 85-561, § 1(3); Sept. 23, 1959, 73 Stat. 702, Pub. L. 86-378, § 1(2), (3).)

Prior Codifications

1981 Ed., § 2-322.

1973 Ed., § 2-1721.

Transfer of Functions

See note to § 3-321.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


§ 3–323. Bonds; issuance; rate of interest; registration; redemption; refinancing; sale; exemption from taxation.

(a) The Board is hereby authorized to provide for the payment of the cost of preliminary engineering and economic surveys relating to the Stadium, and for the payment of the cost of planning, designing and constructing such Stadium, and to provide funds for the operation and maintenance of such Stadium, and for the payment of interest on the bonds authorized herein during the period of construction and during the 12-month period following completion of construction of the Stadium, by an issue or issues of negotiable bonds of the Board, bearing interest, payable annually or semiannually, as the Board shall determine, at a rate not exceeding such rate as shall be approved by the Secretary of the Treasury. All such bonds may be registered as to principal alone or both principal and interest, shall be payable as to principal within not to exceed 30 years from the date thereof, shall be in such denominations, shall be executed in such manner, and shall be payable in such medium and at such place or places as the Board may determine, and the face amount thereof shall be so calculated as to produce, at the price of their sale, the cost of the Stadium constructed pursuant to this subchapter. The Board may reserve the right to redeem any or all of the bonds before maturity in such manner and at such price or prices not exceeding 105 per centum of the face value and accrued interest as may be fixed by the Board prior to the issuance of the bonds. The Board when it deems advisable may issue refunding bonds to refinance any outstanding bonds, and interest thereon, at maturity or before maturity when called for redemption, except that such refunding bonds shall mature within not to exceed 30 years from the date thereof, or not to exceed 50 years from September 7, 1957, whichever shall first occur.

(b) The bonds may be sold at not less than par. If the proceeds of the bonds shall exceed the cost, the excess shall be placed in the fund created by § 3-325 [repealed] for the payment of the principal and interest of such bonds. Prior to the preparation of definitive bonds the Board may, under like restrictions, issue temporary bonds, or may, under like restrictions, issue temporary bonds or interim certificates without coupons, of any denomination whatsoever, exchangeable for definitive bonds when such bonds that have been executed are available for delivery.

(c) All bonds, or other securities, issued by the Board under authority of this subchapter shall be exempt both as to principal and interest from all taxation (except estate and inheritance taxes) now or hereafter imposed by the District of Columbia.


(Sept. 7, 1957, 71 Stat. 619, Pub. L. 85-300, § 4; July 28, 1958, 72 Stat. 421, Pub. L. 85-561, § 1(4)-(8).)

Prior Codifications

1981 Ed., § 2-323.

1973 Ed., § 2-1722.

Transfer of Functions

See note to § 3-321.

References in Text

Section 3-325, referred to in subsection (b), was repealed by D.C. Law 10-152,§ 21(a)(3), effective Aug. 23, 1994.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


§ 3–324. Authorization of Board to carry out purposes of subchapter. [Repealed]

Repealed.


(Sept. 7, 1957, 71 Stat. 620, Pub. L. 85-300, § 5; July 28, 1958, 72 Stat. 421, 422, Pub. L. 85-561, § 1(9)-(11); Sept. 23, 1959, 73 Stat. 702, Pub. L. 86-378, § 1(4), (5); Mar. 25, 1986, D.C. Law 6-101, § 2, 33 DCR 793; Mar. 16, 1989, D.C. Law 7-204, § 4, 36 DCR 454; Aug. 23, 1994, D.C. Law 10-152, § 21(a)(2), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-324.

1973 Ed., § 2-1723.

Transfer of Functions

See note to § 3-321.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


§ 3–325. Deposit of receipts; sinking fund; statement showing costs of construction of Stadium. [Repealed]

Repealed.


(Sept. 7, 1957, 71 Stat. 621, Pub. L. 85-300, § 6; July 28, 1958, 72 Stat. 422, Pub. L. 85-561, § 1(12); Sept. 23, 1959, 73 Stat. 702, Pub. L. 86-378, § 1(6), (7); Apr. 7, 1977, D.C. Law 1-113, § 3, 23 DCR 8742; June 14, 1980, D.C. Law 3-70, § 7(p), 27 DCR 1776; Aug. 23, 1994, D.C. Law 10-152, § 21(a)(3), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-325.

1973 Ed., § 2-1724.

Transfer of Functions

See note to § 3-321.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


§ 3–326. Title to Stadium to vest in United States; date; conveyance and lease to District of Columbia; non-transferability; uses of property; reversion for noncompliance.

(a) After payment of the bonds and interest or after a sinking fund sufficient for such purpose shall have been provided and shall be held solely for that purpose, but in any event not later than 50 years from September 7, 1957, all right, title, and interest in and to the Stadium constructed under this subchapter shall vest in the United States.

(b)(1) Not later than 180 days after October 29, 1986, the Secretary of the Interior shall:

(A) Convey without consideration to the government of the District of Columbia all right, title, and interest of the United States in and to the building comprising the Stadium constructed under this subchapter; and

(B) Lease without consideration to the government of the District of Columbia:

(i) The ground under; and

(ii) The parking facilities associated with the Stadium constructed under this subchapter.

(2) The lease authorized by paragraph (1)(B) of this subsection shall be for a period of 50 years.

(c) The conveyance and lease of real property under subsection (b) of this section shall be subject to such terms and conditions (which shall be set forth in the instrument of conveyance) as will ensure that title to the property shall not be transferred by the District to any person or entity other than the United States or any political subdivision or agency of the District of Columbia or the United States and that the property will be used only for:

(1) Stadium purposes;

(2) Providing recreational facilities, open space, or public outdoor recreation opportunities;

(3) Such other public purposes for which the property was used prior to June 1, 1985; and

(4) Such other public purposes for which the property was approved for use by the Secretary with the concurrence of the National Capital Planning Commission prior to June 1, 1985.

(d)(1) The instrument of conveyance and the lease referred to in subsection (c) of this section shall provide that all right, title, and interest conveyed to the District of Columbia pursuant to such instrument of conveyance shall revert to the United States and the lease shall terminate if:

(A) The terms and conditions referred to in subsection (c) of this section have not been complied with, as determined by the Secretary, and

(B) Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the Mayor of the District of Columbia. Such noncompliance shall be treated as corrected if the District of Columbia and the Secretary enter into an agreement, with the concurrence of the National Capital Planning Commission, which the Secretary considers adequate to ensure that the property will be used in a manner consistent with the purposes referred to in subsection (c) of this section.

(2) No person may bring an action respecting a violation of any term or condition referred to in subsection (c) of this section before the expiration of 90 days after the date on which such person has notified the Mayor of the District of Columbia of the alleged violation. The notice shall include notice of such person’s intention to bring an action to declare a reversion and termination of the lease under paragraph (1) of this subsection.

(3) The conveyance of real property under subsection (b) of this section shall be made subject to the condition that the District of Columbia shall bear the cost of removing structures or rehabilitating the land or Stadium should the Stadium revert to the United States pursuant to this subsection.

(4) Any property which reverts to the Secretary under this subsection shall be administered by the Secretary as part of the Park System of the Nation’s Capital in accordance with the provisions of the Act of August 25, 1916 (16 U.S.C. §§ 1, 2-4), and other provisions of the law generally applicable to units of the national park system.

(e)(1) Upon receipt of a written description from the District of Columbia of not more than 15 contiguous acres (hereinafter referred to as “the 15 acres”), within the area designated “D” on the revised map entitled “Map to Designate Transfer of Stadium and Lease of Parking Lots to the District” and bound by 21st Street, NE, Oklahoma Avenue, NE, Benning Road, NE, the Metro line, and C Street, NE, and execution of a long-term lease by the Mayor of the District of Columbia that is contingent upon the Secretary’s conveyance of the 15 acres and for the purpose consistent with this paragraph, the Secretary shall convey the 15 acres described land to the District of Columbia for the purpose of siting, developing, and operating an educational institution for the public welfare, with first preference given to a pre-collegiate public boarding school.

(2) Upon conveyance, the portion of the stadium lease that affects the 15 acres on the property and all the conditions associated therewith shall terminate, and the 15 acres property shall be removed from the “Map to Designate Transfer of Stadium and Lease of Parking Lots to the District”, and the long-term lease described in paragraph (1) of this subsection shall take effect immediately. The Mayor of the District of Columbia shall execute and deliver a quitclaim deed to effectuate the District’s responsibilities under this section.


(Sept. 7, 1957, 71 Stat. 621, Pub. L. 85-300, § 7; July 28, 1958, 72 Stat. 422, Pub. L. 85-561, § 1(13); Oct. 29, 1986, 100 Stat. 3313, Pub. L. 99-581, § 1; Nov. 30, 2005, 119 Stat. 2521, Pub. L. 109-115, § 130; Mar. 2, 2007, D.C. Law 16-191, § 126, 53 DCR 6794.)

Prior Codifications

1981 Ed., § 2-326.

1973 Ed., § 2-1725.

Effect of Amendments

Pub. L. 109-115 added subsec. (e).

D.C. Law 16-191, in subsec. (e)(2), validated a previously made technical correction.

Transfer of Functions

See note to § 3-321.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.


§ 3–327. Employment of personnel; compensation; delegation of powers. [Repealed]

Repealed.


(Sept. 7, 1957, 71 Stat. 621, Pub. L. 85-300, § 8; Mar. 3, 1979, D.C. Law 2-139, § 3205(bb), 25 DCR 5740; Aug. 23, 1994, D.C. Law 10-152, § 21(a)(4), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-327.

1973 Ed., § 2-1726.

Cross References

Effective date provisions, see § 1-636.02.

Transfer of Functions

See note to § 3-321.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


§ 3–328. Limitation on indebtedness; liability of Board members; deficits in sinking fund to be included in budget estimates; authority of Council to borrow from Secretary of Treasury; repayment; bonds guaranteed by United States. [Repealed]

Repealed.


(Sept. 7, 1957, 71 Stat. 621, Pub. L. 85-300, § 9; July 28, 1958, 72 Stat. 422, Pub. L. 85-561, § 1(14); Aug. 23, 1994, D.C. Law 10-152, § 21(a)(4), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-328.

1973 Ed., § 2-1727.


§ 3–329. Financial statement; report of activities and business; recommendations. [Repealed]

Repealed.


(Sept. 7, 1957, 71 Stat. 622, Pub. L. 85-300, § 10; July 28, 1958, 72 Stat. 423, Pub. L. 85-561, § 1(15); Sept. 23, 1959, 73 Stat. 702, Pub. L. 86-378, § 1(8); Nov. 15, 1977, 91 Stat. 1383, Pub. L. 95-185, § 3; Aug. 23, 1994, D.C. Law 10-152, § 21(a)(4), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-329.

1973 Ed., § 2-1728.


§ 3–330. “Stadium” defined.

As used in this subchapter the term “Stadium” includes all equipment, appliances, facilities, and property of any kind (including any area designated A, B, C, D, or E on the revised map entitled “Map to Designate Transfer of Stadium and Lease of Parking Lots to the District,” prepared jointly by the National Park Service (National Capital Region) and the District of Columbia Department of Public Works for site development and dated October 1986 (NPS drawing number 831/87284-A)), necessary to carry out the purposes of this subchapter.


(Sept. 7, 1957, 71 Stat. 622, Pub. L. 85-300, § 11; July 28, 1958, 72 Stat. 423, Pub. L. 85-561, § 1(16); Sept. 23, 1959, 73 Stat. 702, Pub. L. 86-378, § 1(9); Oct. 29, 1986, 100 Stat. 3313, Pub. L. 99-581, § 2.)

Prior Codifications

1981 Ed., § 2-330.

1973 Ed., § 2-1729.

Transfer of Functions

See note to § 3-321.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


Subchapter III. Public Safety at Stadiums and Armory.

§ 3–341. Possession of disposable containers prohibited; exceptions. [Repealed]

Repealed.


(Nov. 3, 1977, D.C. Law 2-37, § 2, 24 DCR 4058; Aug. 23, 1994, D.C. Law 10-152, § 21(b), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-341.

1973 Ed., § 2-1741.

Emergency Legislation

For temporary addition (90 days) of section, see § 3 of the Omnibus Sports Consolidation Act of 1994 Emergency Amendment Act of 1995 (D.C. Act 11-102, July 21, 1995, 42 DCR 4009).

Temporary Legislation

For temporary (225 day) addition, see § 3 of Omnibus Sports Consolidation Act of 1994 Temporary Amendment Act of 1995 (D.C. Law 11-67, October 26, 1995, law notification 42 DCR 6172).

Transfer of Functions

Section 19(a) of D.C. Law 10-152 provided that the Sports Commission shall assume all nonmilitary functions of the Armory board as are set forth in § 2-306 repealed .

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


§ 3–342. Unauthorized entry onto Stadium playing field prohibited. [Repealed]

Repealed.


(Nov. 3, 1977, D.C. Law 2-37, § 3, 24 DCR 4058; Aug. 23, 1994, D.C. Law 10-152, § 21(b), 41 DCR 4636.)

Prior Codifications

1981 Ed., § 2-342.

1973 Ed., § 2-1742.

Emergency Legislation

For temporary addition (90 days) of section, see § 3 of the Omnibus Sports Consolidation Act of 1994 Emergency Amendment Act of 1995 (D.C. Act 11-102, July 21, 1995, 42 DCR 4009).

For temporary (90 day) addition, see § 2(a) of Ballpark Public Safety Emergency Amendment Act of 2008 (D.C. Act 17-316, March 19, 2008, 55 DCR 3412).

Temporary Legislation

For temporary (225 day) addition, see § 3 of Omnibus Sports Consolidation Act of 1994 Temporary Amendment Act of 1995 (D.C. Law 11-67, October 26, 1995, law notification 42 DCR ).


§ 3–342.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Baseball Stadium" shall have the same meaning as that provided for the term "Ballpark" in § 47-2002.05(a)(1)(A).

(2) "Soccer Stadium" means a soccer stadium constructed after October 1, 2014 on a site bounded by 2nd Street, S.W., T Street, S.W., Half Street, S.W., Potomac Avenue, S.W., and R Street, S.W.


(Nov. 3, 1977, D.C. Law 2-37, § 3a; as added June 5, 2008, D.C. Law 17-169, § 2(a), 55 DCR 5183; Mar. 11, 2015, D.C. Law 20-233, § 201(a), 62 DCR 438.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-233 would have rewritten this section.

Applicability

Section 7010 of D.C. Law 22-33 repealed § 301 of D.C. Law 20-233. Therefore the amendment to this section by D.C. Law 20-233 has been implemented.

Applicability of D.C. Law 20-233: Section 301 of D.C. Law 20-233 provided (1) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 201(a) of the Soccer Stadium Development Emergency Amendment Act of 2014 (D.C. Act 20-557, Dec. 30, 2014, 62 DCR 448, 20 STAT 4467).


§ 3–343. Establishment of barriers or restricted zones by Chief of Police.

Whenever the Chief of Police of the Metropolitan Police Department, or his or her duly authorized agent, determines that there is or may be a need for controlling the movement of persons attending events being held at the Robert F. Kennedy Memorial Stadium, the Baseball Stadium, the Soccer Stadium, or the District of Columbia National Guard Armory, he or she may establish barriers or restricted zones, as he or she considers necessary, for the purpose of affording a clearing for:

(1) The operation of firemen or policemen;

(2) The movement of traffic;

(3) The exclusion of the public from the vicinity of a riot, disorderly gathering, accident, wreck, explosion, or other emergency; or

(4) The safety and protection of persons and property.


(Nov. 3, 1977, D.C. Law 2-37, § 4, 24 DCR 4058; June 5, 2008, D.C. Law 17-169, § 2(b), 55 DCR 5183; Mar. 11, 2015, D.C. Law 20-233, § 201(b), 62 DCR 438.)

Prior Codifications

1981 Ed., § 2-343.

1973 Ed., § 2-1743.

Effect of Amendments

D.C. Law 17-169, in subsec. (a), inserted “the Baseball Stadium,” following “Stadium”.

The 2015 amendment by D.C. Law 20-233 would have added “the Soccer Stadium” in the introductory paragraph.

Applicability

Section 7010 of D.C. Law 22-33 repealed § 301 of D.C. Law 20-233. Therefore the amendment to this section by D.C. Law 20-233 has been implemented.

Applicability of D.C. Law 20-233: Section 301 of D.C. Law 20-233 provided (1) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 2(b) of Ballpark Public Safety Emergency Amendment Act of 2008 (D.C. Act 17-316, March 19, 2008, 55 DCR 3412).

For temporary (90 days) amendment of this section, see § 201(b) of the Soccer Stadium Development Emergency Amendment Act of 2014 (D.C. Act 20-557, Dec. 30, 2014, 62 DCR 448, 20 STAT 4467).

Transfer of Functions

See note to § 3-341.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.


§ 3–343.01. Possession of disposable containers prohibited; exceptions.

(a) Except as provided in subsection (b) of this section, no person shall bring into or have in his or her possession within the Robert F. Kennedy Memorial Stadium , the Baseball Stadium, or the Soccer Stadium any conveniently disposable container made of glass or metal designed primarily to hold or store beverages or liquids of any kind, including, but not limited to, bottles or cans.

(b) Subsection (a) of this section shall not apply to:

(1) Any person duly authorized or licensed by the Washington Convention and Sports Authority to possess, sell, give away, transport, or store alcoholic beverages or containers within any portion of the Robert F. Kennedy Memorial Stadium or the District of Columbia National Guard Armory or to any employee or agent acting for any such duly authorized or licensed person;

(1A) Any person duly authorized or licensed by the Washington Convention and Sports Authority or the lessee or operator of the Baseball Stadium to possess, sell, give away, transport, or store alcoholic beverages or containers within any portion of the Baseball Stadium, or to any employee or agent acting for any such duly authorized or licensed person

(1B) Any person duly authorized or licensed by the operator of the Soccer Stadium to possess, sell, give away, transport, or store alcoholic beverages or containers within any portion of the Soccer Stadium or an employee or agent acting for any such duly authorized or licensed person; or

(2) Activities of the District of Columbia National Guard as provided in § 3-305.

(c) For the purposes of this section, the term “person” includes any duly authorized or licensed individual, partnership, association, or corporation.


(Nov. 3, 1977, D.C. Law 2-37, § 4a; as added July 20, 1996, D.C. Law 11-145, § 3, 43 DCR 2842; June 5, 2008, D.C. Law 17-169, § 2(c), 55 DCR 5183; Mar. 3, 2010, D.C. Law 18-111, § 2082(h)(1), 57 DCR 181; Mar. 11, 2015, D.C. Law 20-233, § 201(c), 62 DCR 438.)

Prior Codifications

1981 Ed., § 2-343.1.

Effect of Amendments

D.C. Law 17-169, in subsec. (a), inserted “or the Baseball Stadium,” following “Stadium”; in subsec. (b)(1), substituted “District of Columbia Sports and Entertainment Commission” for “District of Columbia Sports Commission”, and deleted “or” from the end; and added subsec. (b)(1A).

D.C. Law 18-111, in subsecs. (b)(1) and (1A), substituted “Washington Convention and Sports Authority” for “District of Columbia Sports and Entertainment Commission”.

The 2015 amendment by D.C. Law 20-233 would have substituted “the Baseball Stadium, or the Soccer Stadium” for “or the Baseball Stadium” in (a); and would have added (b)(1B) and made a related change.

Applicability

Section 7010 of D.C. Law 22-33 repealed § 301 of D.C. Law 20-233. Therefore the amendment to this section by D.C. Law 20-233 has been implemented.

Applicability of D.C. Law 20-233: Section 301 of D.C. Law 20-233 provided (1) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary addition of § 2-343.1 and 2-343.2 1981 Ed., see § 3 of the Omnibus Sports Consolidation Act Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-275, May 29, 1996, 43 DCR 2966).

For temporary (90 day) amendment of section, see § 2(c) of Ballpark Public Safety Emergency Amendment Act of 2008 (D.C. Act 17-316, March 19, 2008, 55 DCR 3412).

For temporary (90 day) amendment of section, see § 2082(h)(1) 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) amendment of section, see § 2082(h)(1) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 days) amendment of this section, see § 201(c) of the Soccer Stadium Development Emergency Amendment Act of 2014 (D.C. Act 20-557, Dec. 30, 2014, 62 DCR 448, 20 STAT 4467).


§ 3–343.02. Unauthorized entry onto stadium playing field prohibited.

(a) Unless expressly authorized by the Washington Convention and Sports Authority or its duly authorized agent, no person shall at any time enter onto any portion of the playing field within the Robert F. Kennedy Memorial Stadium.

(b) Unless expressly authorized by the Washington Convention and Sports Authority, the lessee or operator of the Baseball Stadium, or their duly authorized agents, no person shall at any time enter onto any portion of the playing field within the Baseball Stadium.

(b-1) Unless expressly authorized by the operator of the Soccer Stadium or its duly authorized agents, no person shall at any time enter onto any portion of the playing field within the Soccer Stadium.

(c) For the purposes of this section, the term “playing field” means the area encompassed by the seating facilities within the Robert F. Kennedy Memorial Stadium , the Baseball Stadium, or the Soccer Stadium, as such seating facilities may be arranged from time to time.


(Nov. 3, 1977, D.C. Law 2-37, § 4b; as added July 20, 1996, D.C. Law 11-145, § 3, 43 DCR 2842; June 5, 2008, D.C. Law 17-169, § 2(d), 55 DCR 5183; Mar. 3, 2010, D.C. Law 18-111, § 2082(h)(2), 57 DCR 181; Mar. 11, 2015, D.C. Law 20-233, § 201(d), 62 DCR 438.)

Prior Codifications

1981 Ed., § 2-343.2.

Effect of Amendments

D.C. Law 17-169 rewrote the section which had read as follows: “Unless expressly authorized by the District of Columbia Sports Commission or its duly authorized agent, no person shall at any time enter onto any portion of the playing field within the Robert F. Kennedy Memorial Stadium. For the purposes of this section, the ‘playing field’ is that area encompassed by the seating facilities within the Stadium as such seating facilities may be arranged from time to time.”

D.C. Law 18-111, in subsecs. (a) and (b), substituted “Washington Convention and Sports Authority” for “District of Columbia Sports and Entertainment Commission”.

The 2015 amendment by D.C. Law 20-233 would have added (b-1); and would have substituted “the Baseball Stadium, or the Soccer Stadium” for “or the Baseball Stadium” in (c).

Applicability

Section 7010 of D.C. Law 22-33 repealed § 301 of D.C. Law 20-233. Therefore the amendment to this section by D.C. Law 20-233 has been implemented.

Applicability of D.C. Law 20-233: Section 301 of D.C. Law 20-233 provided (1) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

See note to § 2-343.01.

For temporary (90 day) amendment of section, see § 2(d) of Ballpark Public Safety Emergency Amendment Act of 2008 (D.C. Act 17-316, March 19, 2008, 55 DCR 3412).

For temporary (90 day) amendment of section, see § 2082(h)(2) 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) amendment of section, see § 2082(h)(2) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 days) amendment of this section, see § 201(d) of the Soccer Stadium Development Emergency Amendment Act of 2014 (D.C. Act 20-557, Dec. 30, 2014, 62 DCR 448, 20 STAT 4467).


§ 3–344. Penalty for violation of subchapter.

Any person who violates any provision of this subchapter shall upon conviction be fined not more than $300.


(Nov. 3, 1977, D.C. Law 2-37, § 5, 24 DCR 4058.)

Prior Codifications

1981 Ed., § 2-344.

1973 Ed., § 2-1744.

Cross References

Licensure, non-health related occupations and professions, excepted occupations, see § 47-2853.04.

Transfer of Functions

See note to § 2-341.

Editor's Notes

Effect of dissolution of Sports Commission: See note to § 3-321.

Construction of Law 10-152: See note to § 3-321.