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Councilmember Anita Bonds Councilmember Robert C. White, Jr. 2
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Councilmember Brooke Pinto Councilmember Brianne K. Nadeau 7
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Councilmember Christina Henderson Councilmember Janeese Lewis George 12
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Councilmember Zachery Parker 17
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A BILL 21
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
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To recodify certain real property surplus and disposition provisions currently found in An Act 27
Authorizing the sale of certain real estate in the District of Columbia, with modifications 28
to ensure more robust analysis prior to the surplus of District land, to generate more 29
meaningful community engagement in real property surplus and disposition decisions, to 30
bifurcate Council consideration of surplus determinations from disposition proposals, to 31
increase affordable housing requirements in the event of property disposition for housing 32
development, and to reorder and otherwise improve the readability of existing provisions; 33
to establish an Office of the Public Lands Ombudsperson responsible for assisting the 34
public with understanding and participating in public land surplus and disposition 35
procedures; and to make conforming amendments and provide for the orderly 36
discontinuation of the existing procedures established under Act Authorizing the sale of 37
certain real estate in the District of Columbia. 38
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TABLE OF CONTENTS 40
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TITLE I. REAL PROPERTY SURPLUS AND DISPOSITION PROCEDURES. ....................... 2 42
Sec. 101. Definitions. ...................................................................................................................... 2 43
Sec. 102. Authorization and general procedure to dispose of District real property. ..................... 5 44
Sec. 103. Online access to surplus and disposition information. .................................................... 7 45
Sec. 104. Initial surplus analysis. .................................................................................................... 8 46
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Sec. 105. Public surplus hearing. .................................................................................................... 9 47
Sec. 106. Surplus resolution. ......................................................................................................... 11 48
Sec. 107. Public disposition hearing; negotiation of disposition. ................................................. 12 49
Sec. 108. Housing affordability and other substantive requirements for dispositions. ................. 13 50
Sec. 109. Disposition resolution. .................................................................................................. 17 51
Sec. 110. Reports. ......................................................................................................................... 23 52
TITLE II. PUBLIC LANDS OMBUDSPERSON. ....................................................................... 23 53
Sec. 201. Definitions. .................................................................................................................... 23 54
Sec. 202. Office of the Public Lands Ombudsperson; establishment; term. ................................. 24 55
Sec. 203. Qualifications. ............................................................................................................... 25 56
Sec. 204. Duties. ........................................................................................................................... 26 57
Sec. 205. Powers. .......................................................................................................................... 27 58
Sec. 206. Reporting. ...................................................................................................................... 28 59
Sec. 207. Budgeting. ..................................................................................................................... 28 60
TITLE III. TRANSITIONAL AND CONFORMING AMENDMENTS. ................................... 29 61
Sec. 301. Conforming amendments to existing surplus and disposition procedures. ................... 29 62
Sec. 303. Conforming amendments regarding racial equity analyses. ......................................... 30 63
Sec. 302. Conforming amendments to cross-references. .............................................................. 30 64
TITLE IV. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE. ................................... 32 65
Sec. 401. Applicability. ................................................................................................................. 32 66
Sec. 402. Fiscal impact statement. ................................................................................................ 32 67
Sec. 403. Effective date. ............................................................................................................... 32 68
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 70
act may be cited as the “Common Ground Amendment Act of 2023”. 71
TITLE I. REAL PROPERTY SURPLUS AND DISPOSITION PROCEDURES. 72
Sec. 101. Definitions. 73
For the purposes of this title, the term: 74
(1) “Acquirer” means a person to whom the Mayor seeks to dispose or has 75
disposed of real property pursuant to this title, or an acquirer’s successor in interest in such real 76
property as applicable. 77
(2) “Affordable” shall have the meaning set forth in section 108(b)(1). 78
(3) “Area median income” means: 79
(A) For a household of 4 persons, the area median income in the 80
Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the 81
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United States Department of Housing and Urban Development; 82
(B) For a household of 3 persons, 90% of the area median income for a 83
household of 4 persons; 84
(C) For a household of 2 persons, 80% of the area median income for a 85
household of 4 persons; 86
(D) For a household of one person, 70% of the area median income for a 87
household of 4 persons; and 88
(E) For a household of more than 4 persons, the area median income for a 89
household of 4 persons, increased by 10% of the area median income for a household of 4 90
persons for each household member exceeding 4 persons. 91
(4) “Chief Equity Officer” means the head of the Office of Racial Equity 92
appointed pursuant to section 102(b) of the Racial Equity Achieves Results (REACH) 93
Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-181; D.C. Official Code § 2-94
1471.02(b)(1)). 95
(5) “Comprehensive Plan Area Element” means, with respect to real property, the 96
one or more geographic area chapters of section 3 of the District of Columbia Comprehensive 97
Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 10-A DCMR § 1500.1 et seq. to 10-98
A DCMR § 2500.1 et seq.), or planning elements of similar scope in a more recently adopted 99
Comprehensive Plan, that fully cover the real property. 100
(6) “Green space” means an area of grass, trees, or other vegetation that is located 101
on real property and accessible to the public. 102
(7) “Highest and best use” means the reasonably probable and legal use that is 103
physically possible, appropriately supported, and financially feasible, and that results in the 104
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highest value of real property. 105
(8) “Housing costs” means: 106
(A) In the case of rental units, rent and utilities. 107
(B) In the case of ownership units, mortgage payments, including 108
principal, interest, and property insurance, taxes, homeowner association, condominium, or 109
cooperative fees, and utilities. 110
(9) “Key nonpublic uses” means: 111
(A) Child care facility development; 112
(B) Conveyance to a community land trust; 113
(C) Health care facility development; 114
(D) Housing development; and 115
(E) Nonresidential commercial development. 116
(10) “Key public amenities” include District-owned or -operated: 117
(A) Fire stations; 118
(B) Municipal offices; 119
(C) Parks; 120
(D) Police stations; 121
(E) Public housing or social housing; 122
(F) Public schools; 123
(G) Recreation centers; 124
(H) Shelters; and 125
(I) Transit stations and buildings. 126
(11) “Low-income household” means a household consisting of one or more 127
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persons with a total household income that is more than 30% and less than or equal to 50% of the 128
area median income. 129
(12) “Moderate-income household” means a household consisting of one or more 130
persons with total household income more than 50% and less than or equal to 80% of the area 131
median income. 132
(13) “Ombudsperson” shall have the same meaning as provided in section 201(5) 133
of this act. 134
(14) “Project page” means an online collection of property-specific documents 135
established pursuant to section 104(a) of this act and maintained according to section 103 of this 136
act. 137
(15) “Real property” means land titled in the name of the District or in which the 138
District has a controlling interest and includes all structures of a permanent character erected 139
thereon or affixed thereto, any natural resources located thereon or thereunder, all riparian rights 140
attached thereto, or any air space located above or below the property or any street or alley under 141
the jurisdiction of the Mayor. 142
(16) “Surplusing agency” means the Office of Planning established pursuant to 143
Mayor’s Order 83-25, effective January 3, 1983, or a successor agency with similar 144
responsibilities established after the effective date of this title. 145
(17) “Very low-income household” means a household consisting of one or more 146
persons with total household income less than or equal to 30% of the area median income. 147
Sec. 102. Authorization and general procedure to dispose of District real property. 148
(a) The requirements of this title shall apply to any disposition of real property owned in 149
fee simple now or hereafter by the District, including any sale, lease for greater than 15 years 150
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(including options), or exchange, that is signed into effect after October 1, 2025, except for: 151
(1) Real property disposed of pursuant to section 6(c) of the District of Columbia 152
Community Development Act of 1975, effective December 16, 1975 (D.C. Law 1-39; D.C. 153
Official Code § 6-1005(c)); 154
(2) Real property acquired under section 432 of the Abatement and Condemnation 155
of Nuisance Properties Omnibus Amendment Act of 2000, effective April 19, 2002 (D.C. Law 156
14-114; D.C. Official Code § 42-3171.02); or 157
(3) Real property acquired by the District or an instrumentality of the District (or 158
a subsidiary thereof) under D.C. Official Code § 47-1353(a)(3). 159
(b) Before the Mayor may sign into effect a disposition of real property subject to this 160
title, the following must occur in the order listed: 161
(1) The initial surplus analysis requirements set forth in section 104 are satisfied 162
by the surplusing agency; 163
(2) The public surplus hearing requirements set forth in section 105 are satisfied 164
by the surplusing agency; 165
(3) A surplus resolution finding that the real property is no longer required for any 166
public purpose is filed by the Mayor and approved by the Council in accordance with section 167
106; 168
(4) The public disposition hearing requirements set forth in section 107 are 169
satisfied; 170
(5) The Mayor develops a disposition proposal that satisfies the substantive 171
requirements of section 108; and 172
(6) A disposition resolution approving the proposed disposition of the real 173
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property is filed by the Mayor and approved by the Council in accordance with section 109. 174
(c) For real property that the Mayor believes, after input from affected communities, to be 175
no longer needed by the District of Columbia Public Schools, the Mayor shall submit to the 176
Council a report on whether the Mayor intends to dispose of the real property to a public charter 177
school under An Act Making appropriations for the Departments of Commerce, Justice, and 178
State, the Judiciary, and related agencies for the fiscal year ending September 30, 1996, and for 179
other purposes, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.09, or 180
for use by another agency of the District government. The report shall be submitted to the 181
Council by the Mayor within 90 days of the determination that the real property is no longer 182
needed by the District of Columbia Public Schools. If the report is not submitted by the Mayor to 183
the Council within the 90-day period, the Mayor shall dispose of the real property in accordance 184
with the provisions of this subchapter and shall transmit to the Council the proposed surplus 185
resolution required by section 106 within 180 days of the Mayor’s determination. 186
(d) Nothing in this title shall be interpreted to give any party any additional right of action 187
against the District government or any private party unless otherwise specified. 188
(e)(1) The Mayor is authorized to execute proper deeds for the conveyance of real estate 189
sold under the provisions of this subchapter, which shall contain a full description of the land 190
sold, either by metes and bounds, or otherwise, according to law. 191
(2) The Mayor is authorized to pay the reasonable and necessary expenses of sale 192
of each parcel of land sold and shall deposit the net proceeds of the sale in the District Treasury. 193
Sec. 103. Online access to surplus and disposition information. 194
(a) The Mayor shall establish and maintain a publicly accessible website regarding real 195
property surplus and disposition projects, including a project page for each property subject to a 196
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pending surplus or disposition analysis. 197
(b) In addition to project pages, the website shall include general information regarding 198
District-owned real property, key public amenities, the procedures established by this title, and 199
the Ombudsperson. 200
(c) Each project page shall allow members of the public to submit comments and 201
questions. 202
(d) Each project page shall allow members of the public to sign up to receive email alerts 203
regarding events relevant to the project, including any hearings and ANC presentations held 204
pursuant to this title. 205
Sec. 104. Initial surplus analysis. 206
(a) If the Mayor seeks to determine whether real property is no longer required for public 207
purposes, then the Mayor shall establish a project page for the real property, and the surplusing 208
agency shall prepare and post to the project page an initial surplus analysis demonstrating the 209
anticipated benefits and drawbacks of declaring the real property surplus. 210
(b) The initial surplus analysis shall include at least the following components: 211
(1) A description of the District’s current needs for real property; 212
(2) A map showing all key public amenities within ½ mile of the real property; 213
(3) An analysis of how the availability of key public amenities and affordable 214
housing within ½ mile of the real property compares to their availability across the entire 215
District, including: 216
(A) The total number of each type of key public amenity within ½ mile of 217
the real property; 218
(B) An estimate of the number of District residents living within ½ mile of 219
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the real property; 220
(C) Estimates of the ratio of District residents to each type of key public 221
amenity within ½ mile of the real property and across the entire District; 222
(D) Estimates of the numbers of housing units within ½ mile of the real 223
property that are affordable for moderate-income, low-income, and very low-income households, 224
broken down by affordability level, number of bedrooms, and public or private ownership; and 225
(E) Estimates of the ratio District residents to each unit type listed in 226
subparagraph (D) within ½ mile of the real property and across the entire District; 227
(4) A description of each public use for the real property considered by the 228
Mayor, including each key public amenity, and an explanation as to why the real property may 229
not be needed or suited for such use; and 230
(5) The square footage of green space on the real property. 231
Sec. 105. Public surplus hearing. 232
(a) If after preparation and posting of an initial surplus analysis pursuant to section 104 233
the Mayor believes that the real property may no longer be required for public purposes, then the 234
surplusing agency shall complete the following steps before holding a public surplus hearing 235
pursuant to subsection (c): 236
(1) At least 60 days before the hearing, provide written notice to the Advisory 237
Neighborhood Commission with jurisdiction over the real property and to the Ombudsperson, 238
and post a notice of the hearing to the project page; 239
(2) At least 30 days before the hearing, post written notice at the real property and 240
at the nearest public library; and 241
(3) At least 15 days before the hearing, place a notice in the District of Columbia 242
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Register. 243
(b) Where feasible under the circumstances, the surplusing agency shall also publicize the 244
hearing through additional methods such as placing posters or distributing flyers with 245
information regarding the hearing at food stores, beauty salons, places of worship, or other 246
community gathering places near the real property. 247
(c) The surplusing agency shall hold at least one public surplus hearing to obtain 248
community input on potential public uses of the real property to inform the Mayor’s 249
determination whether the real property is no longer required for public purposes. 250
(1) The hearing shall be held at an accessible evening or weekend time and in an 251
accessible location near the real property. 252
(2) At the hearing: 253
(A) The surplusing agency shall present an overview of the 254
Comprehensive Plan Area Element in which the real property is located, the initial surplus 255
analysis prepared pursuant to section 104, and any comments and questions submitted via the 256
project page prior to the hearing; 257
(B) The surplusing agency shall invite participants to offer comments on 258
the contemplated determination that the real property is no longer required for public purposes 259
and shall endeavor to answer participants’ questions during the hearing; and 260
(C) The Ombudsperson may offer comments on the proposed surplus 261
determination. 262
(d) Within 15 days after the hearing, the Mayor shall post to the project page a verbatim 263
written transcript of the hearing. 264
(e) Within 45 days after the hearing, the Mayor shall prepare, post to the project page, 265
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and transmit to the ANC with jurisdiction over the real property a written transcript of the 266
hearing that is annotated with any additional responses to comments or questions that the Mayor 267
wishes to provide. 268
Sec. 106. Surplus resolution. 269
(a) Before filing a proposed surplus resolution pursuant to this section, the Mayor shall 270
make a reasonable effort to schedule a presentation at a meeting of the ANC with jurisdiction 271
over the real property regarding the contemplated determination that the real property is no 272
longer required for public purposes. 273
(b) If after completion of the public surplus hearing procedures required by section 105 274
the Mayor believes that real property is no longer required for public purposes, then the Mayor 275
shall submit to the Council a proposed surplus resolution which includes a finding that the real 276
property is no longer required for public purposes. 277
(c) In the proposed surplus resolution submitted to the Council, the Mayor shall also 278
provide a description of the real property. 279
(d) The proposed surplus resolution shall be accompanied by: 280
(1) The materials prepared pursuant to section 104(b) and the annotated transcript 281
prepared pursuant to section 105(e), with any updates that the Mayor wishes to make; 282
(2) A statement from the Chief Equity Officer regarding any anticipated positive 283
or negative effects of the proposed surplus declaration on racial equity in the District; and 284
(3) A detailed explanation as to why the Mayor believes that the real property is 285
no longer required for public purposes, and why a determination that the real property is no 286
longer required for public purposes is in the best interests of the District. 287
(d) The Mayor shall post to the project page any new or updated materials submitted to 288
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the Council pursuant to this section. 289
(e) The proposed resolution shall be submitted to the Council for a 90-day period of 290
review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council 291
does not approve or disapprove the proposed resolution within the 90-day period, the proposed 292
resolution shall be deemed disapproved. 293
Sec. 107. Public disposition hearing; negotiation of disposition. 294
(a) After the Council has declared that real property is no longer required for public 295
purposes pursuant to section 106, the Mayor must complete the actions described in subsections 296
(b) through (f) of this section, in order, before the Mayor may solicit developer proposals or 297
otherwise proceed to negotiate the disposition of the real property. 298
(b) The Mayor must prepare and post to the project page an initial disposition analysis of 299
the real property, including at least the following elements: 300
(1) An assessment of whether the real property is suitable for each key nonpublic 301
use and whether using the real property for such use would be in the District’s best interest, alone 302
or in combination with other uses; and 303
(2) A description of any other uses of the real property that the Mayor believes 304
may be in the District’s best interest and the basis for that belief. 305
(c) The Mayor must publicize in advance any public disposition hearing to be held 306
pursuant to subsection (d), in the same manner as set forth in section 105(a)(1)-(3). Where 307
feasible under the circumstances, the Mayor must also publicize the hearing as described in 308
section 105(b). 309
(d) The Mayor must hold at least one public disposition hearing to obtain community 310
input on potential nonpublic uses of the real property. 311
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(1) The hearing shall be held at an accessible evening or weekend time and in an 312
accessible location near the real property. 313
(2) At the hearing: 314
(A) The Mayor shall present an overview of the process to date, including 315
the Council’s finding that the real property is no longer required for public purposes, the initial 316
disposition analysis prepared pursuant to paragraph (a), and any comments and questions 317
submitted via the project page regarding possible nonpublic uses of the real property; 318
(B) The Mayor shall invite participants to offer comments on possible nonpublic 319
uses of the real property and shall endeavor to answer participants’ questions during the hearing; 320
and 321
(C) The Ombudsperson may offer comments on the initial disposition analysis. 322
(e) Within 15 days after the hearing, the Mayor must post to the project page a verbatim 323
written transcript of the hearing. 324
(f) Within 45 days after the hearing, the Mayor must transmit the following to the ANC 325
with jurisdiction over the real property: 326
(1) A notice that the Mayor is considering pursuing a disposition of the real 327
property and that the ANC is encouraged to comment on possible nonpublic uses in the best 328
interest of the District; 329
(2) A written transcript of the hearing that is annotated with any additional 330
responses to comments or questions that the Mayor wishes to provide; and 331
(3) A description of any specific types of nonpublic use of the real property that 332
the Mayor is considering at the time of the notice. 333
Sec. 108. Housing affordability and other substantive requirements for dispositions. 334
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(a) The Mayor shall attempt to conform real property dispositions to uses with direct 335
public benefits as described in a specific government plan adopted by the Mayor or Council, 336
including the Community Development Plan, the Comprehensive Plan, the Strategic 337
Neighborhood Area Plan, or the Comprehensive Housing Strategy Plan. 338
(b)(1) For the purposes of this title, a unit of housing shall be considered affordable for a 339
moderate-income, low-income, or very low-income household residing in the unit if the 340
household will pay no more than 30% of its income toward housing costs. 341
(2) If a proposed disposition of real property will result in the development of 342
multifamily residential property consisting of 10 or more units, the following affordable housing 343
requirements shall apply: 344
(A) If the units are located in the following areas, at least 35% of the units 345
shall be dedicated as affordable housing at the levels specified in subparagraph (C): 346
(i) Within ½ mile of a Metrorail station that is in operation or for 347
which a construction contract has been awarded on or before the date of the disposition; or 348
(ii) Within ¼ mile of a Priority Corridor Network Metrobus Route, 349
as designated by the Washington Area Metropolitan Transit Authority, located entirely or 350
partially within the District of Columbia. 351
(B) If the multifamily units are located outside of the areas described in 352
paragraph (1), at least 25% of the units shall be dedicated as affordable housing at the levels 353
specified in subparagraph (C). 354
(C) The units dedicated as affordable housing pursuant to subparagraphs 355
(A) and (B) shall be made available at the following affordability levels: 356
(i) In the case of rental units, at least 25% of the units shall be 357
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affordable for very low-income household, and the remainder of such units shall be affordable 358
for low-income households; and 359
(ii) In the case of ownership units, 50% of the units shall be 360
affordable for low-income household, and 50% of the units shall be affordable for moderate-361
income households. 362
(D) Of the units dedicated as affordable housing pursuant to this 363
subsection, at least 30% in each affordability category shall have 3 or more bedrooms each. 364
(3) The units dedicated as affordable housing pursuant to paragraph (2) shall 365
remain affordable-housing units for the life of the ground lease if the land disposition is by 366
ground lease, or shall remain affordable-housing units in perpetuity, secured by a covenant 367
running with the land that may be extinguished at the sole discretion of the District. 368
(4) The purchase price for the second and subsequent sales of the units dedicated 369
as affordable housing described in paragraph (2) shall be determined by a formula established by 370
the Mayor. 371
(5) The Mayor shall take into account the affordable-housing requirements of this 372
subsection when establishing the terms and conditions under which real property is to be 373
disposed; provided, that the Mayor may provide subsidies to a developer, as necessary, to ensure 374
that the affordable-housing requirements imposed by this subsection are met. 375
(6) The Mayor may waive the affordable housing requirements of paragraph (2) 376
if: 377
(A) The appraised value of the property to be disposed of is insufficient to 378
support the affordable-housing requirements, taking into account all other available sources of 379
public funding for affordable housing, whether provided by the District of Columbia or the 380
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federal government; 381
(B) The terms and conditions under which the real property is to be 382
disposed of satisfy the affordable-housing requirements to the maximum extent possible; and 383
(C) The Chief Financial Officer has provided to the Mayor a financial 384
analysis that shall consist of: 385
(i) A review and analysis of the financial condition of disposed-of 386
land; and 387
(ii) An advisory opinion stating whether or not it is likely that the 388
developer reasonably could be expected to satisfy the affordable-housing requirements set forth 389
in paragraph (2). 390
(7) The Mayor may waive the affordable housing requirements of paragraph (2) if 391
the District-owned real property is less than 5,000 square feet, even though the property may be 392
consolidated with a private development of multifamily housing consisting of 10 or more units. 393
(c) In the case of any real property to be disposed of under this title through a request for 394
proposals or competitive sealed proposals, the Mayor shall include economic factors, including 395
revenues, fees, and other payments to the District, as one of the criteria to evaluate the request 396
for proposals or competitive sealed proposals. 397
(d) In the case of any real property to be disposed of under this title through a negotiated 398
sale, the Mayor shall incorporate into the terms of the disposition the right of the District to 399
reacquire the property at the price originally conveyed plus any amounts secured by the property 400
that have been approved by the Mayor, if the property is no longer used for the authorized 401
purpose. For property located within the corporate boundaries of the District, if the District does 402
not exercise its reacquisition option, the owner in fee simple shall be entitled to use the property 403
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or sell, convey, or otherwise dispose of the property for use in a manner that is consistent with 404
the designation of the real property on the Generalized Land Use Maps adopted pursuant to 405
section 7 of the District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 406
(D.C. Law 5-76; D.C. Official Code § 1-306.02) and with applicable zoning requirements 407
adopted pursuant to section 1 of An Act Providing for the zoning of the District of Columbia and 408
the regulation of the location, height, bulk, and uses of buildings and other structures and of the 409
uses of land in the District of Columbia, and for other purposes, approved June 20, 1938 (52 Stat. 410
797; D.C. Official Code § 6-641.01). 411
(e) Each acquirer must enter into an agreement that shall require the acquirer to, at a 412
minimum, contract with Certified Business Enterprises for at least 35% of the contract dollar 413
volume of the project, and shall require at least 20% equity and 20% development participation 414
of Certified Business Enterprises; 415
(f) Each acquirer must enter into a First Source Agreement with the District that shall 416
govern certain obligations of the acquirer pursuant to section 4 of the First Source Employment 417
Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-418
219.03), and Mayor’s Order 83-265 (November 9, 1983) regarding job creation and employment 419
generated as a result of the construction on the Property. 420
(g) When soliciting or negotiating with prospective acquirers, the Mayor shall encourage 421
communication and the negotiation of community benefit agreements with ANCs, including the 422
ANC with jurisdiction over the real property, to the extent feasible under the circumstances and 423
consistent with the best interest of the District. 424
Sec. 109. Disposition resolution. 425
(a) Before filing a proposed disposition resolution pursuant to subsection (b), the Mayor 426
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shall make reasonable efforts to schedule a presentation at a meeting of the ANC with 427
jurisdiction over the real property regarding the Mayor’s intended disposition of the real 428
property. 429
(b) If the Mayor seeks to dispose of real property that the Council has declared no longer 430
required for public purposes pursuant to section 106 and regarding which the Mayor has 431
completed the procedures set forth in section 107, the Mayor shall submit to the Council a 432
proposed disposition resolution that contains the following: 433
(1) The name and business address of the acquirer, and, if the acquirer is a joint 434
venture or partnership, the names and business addresses of all persons constituting the acquirer; 435
(2) A description of the real property; 436
(3) A description of the intended use of the real property; 437
(4) The proposed method of disposition, which may be one of the following: 438
(A) A public or private sale to the highest bidder; 439
(B) A negotiated sale to a for-profit or nonprofit entity for specifically 440
designated purposes; 441
(C) A lease for a period of greater than 15 years; 442
(D) A combination sale/leaseback for specifically designated purposes; 443
(E) An exchange of interests in real property; or 444
(F) A public or private sale to the bidder providing the most benefit to the 445
District; 446
(5) To the extent applicable, a finding that the acquirer will comply with the 447
affordable housing requirements set forth in section 108(b)(2), or that such affordable housing 448
requirements are waived pursuant to section 108(b)(6) or 108(b)(7); 449
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(6) A finding that the acquirer will comply with the Certified Business Enterprise 450
requirements of section 108(e) and the First Source requirements of section 108(f); and 451
(7) Where applicable, the following statement: 452
“The Land Disposition Agreement for the disposition of the real property shall not be 453
inconsistent with the substantive business terms of the transaction submitted by the 454
Mayor with this resolution in accordance with section 109(c)(2) of the Common Ground 455
Amendment Act of 2023, D.C. Official Code §__, unless revisions to those substantive 456
business terms are approved by the Council.” 457
(c) The Mayor shall submit all of the following materials to the Council along with the 458
proposed disposition resolution filed pursuant to subsection (b), and shall promptly transmit all 459
of the following materials to the Ombudsperson and the ANC with jurisdiction over the real 460
property and post the materials to the project page: 461
(1) An analysis prepared by the Mayor of the economic factors that were 462
considered in proposing the disposition of the real property, including: 463
(A) The chosen method of disposition, and how competition was 464
maximized; 465
(B) The manner in which economic factors were weighted and evaluated, 466
including estimates of the monetary benefits and costs to the District that will result from the 467
disposition. The benefits shall include revenues, fees, and other payments to the District, as well 468
as the creation of jobs; 469
(C) A description of all disposition methods considered and an 470
accompanying narrative for the proposed disposition method that contains comparisons to the 471
other methods and shows why the proposed method was more beneficial for the District than the 472
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others in the areas of return on investment, subsidies required, revenues paid to the District, and 473
any other relevant category, or why it is being proposed despite it being less beneficial to the 474
District in any of the measured categories; and 475
(D) A pre-disposition economic impact statement in the form of a 476
quantitative analysis that estimates the economic benefits, including revenues, tax receipts, and 477
job creation, that will result from the disposition, including the anticipated benefits of any 478
development project to be undertaken at the property and any offsite property, including direct, 479
indirect, or induced outcomes; 480
(2) An executed term sheet or memorandum of understanding between the 481
District and the acquirer that includes: 482
(A) A description of the substantive business terms of the transaction; 483
(B) A description of the method of disposition; 484
(C) A description of the Certified Business Enterprise requirements 485
pursuant to section 108(e) and First Source requirements pursuant to section 108(f); 486
(D) A description of applicable green building requirements; 487
(E) A description of the schedule of performance; 488
(F) A description of any applicable affordable housing requirements 489
pursuant to section 108(b) and the District’s remedies in the event of noncompliance with such 490
requirements; and 491
(G) Any other terms that the Mayor finds to be in the best interest of the 492
District. 493
(3)(A) An appraisal report of the value of the property prepared by an 494
independent licensed appraiser, performed no earlier than 5 months before the transmission of 495
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the proposed resolution to the Council, analyzing both the highest and best use value of the 496
property and the value of the property under the development proposed pursuant to the 497
disposition; and 498
(B) An explanation of the difference, if any, between the appraised value 499
determined pursuant to subparagraph (A) and the purchase or lease price to be paid pursuant to 500
the disposition; 501
(4) An itemization, together with an explanation, of any government assistance to 502
be received, or contemplated to be received, by the acquirer under the proposed disposition, 503
including any discount on the price or rent, grants, loans, tax credits, tax abatements, tax 504
increment financing, affordable housing subsidies, land exchange, and negotiated contributions; 505
(5) For real property to be disposed of for purposes of development and requiring 506
government assistance, the following additional items: 507
(A) A Land Disposition Agreement between the District and the acquirer; 508
(B) Any community benefits agreement between the acquirer and the 509
relevant community; and 510
(C) A Certified Business Enterprise Agreement pursuant to subpart 2 of 511
Part D of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance 512
Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et 513
seq.); 514
(6) A statement from the Chief Equity Officer regarding any anticipated positive 515
or negative effects of the proposed disposition on racial equity in the District; and 516
(7) If applicable, a copy of the Chief Financial Officer’s analysis prepared 517
pursuant to section 108(b)(6)(C). 518
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(d) Any documents provided pursuant to subsection (c)(5) shall be transmitted in the 519
most current form available at the time of transmission, and if such documents are revised prior 520
to the Council’s adoption of the disposition resolution, the Mayor shall promptly transmit the 521
revised documents to the Council, Ombudsperson, and ANC with jurisdiction over the real 522
property and post the revised documents to the project page. Such documents shall be consistent 523
with the proposed disposition resolution and shall contain language to that effect. 524
(e) If the Council does not adopt or reject a proposed disposition resolution submitted 525
pursuant to subsection (b) within 90 days, excluding Saturdays, Sundays, legal holidays, and 526
days of Council recess, then the proposed resolution shall be deemed disapproved. 527
(f) If the Council adopts a resolution submitted pursuant to subsection (b), the approval 528
shall expire 2 years after the effective date of such resolution. If the Mayor determines 529
subsequent to Council approval that the real property cannot be disposed of within the 2-year 530
period, the Mayor may submit to the Council a resolution to extend the time for the disposition 531
of the property, and shall include with the transmittal a detailed status report on efforts made 532
toward disposition of the property as well as the reasons for the inability to dispose of the 533
property within the 2-year period. The resolution may extend the time for any specified period up 534
to 2 years. If the Council does not take action to approve or disapprove the extension resolution 535
within 45 days of receipt of the resolution, not including Saturdays, Sundays, legal holidays, or 536
days of Council recess, then the extension resolution shall be deemed disapproved. 537
(g) If the Council adopts a resolution submitted pursuant to subsection (b) and a 538
subsequent, substantive change is made to the business terms of the transaction described in the 539
term sheet or memorandum of understanding submitted with the resolution pursuant to 540
subsection (c)(2), then the Mayor shall transmit to the Council a proposed resolution describing 541
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the change and accompanied by the amended documents in redline format. If the Council does 542
not approve or disapprove the proposed amendments to the documents, in whole or in part, by 543
resolution within 45 days, excluding Saturdays, Sundays, legal holidays, and days of Council 544
recess, then the proposed amendments shall be deemed approved. 545
Sec. 110. Reports. 546
(a) The Mayor shall submit to the Council a semiannual report explaining the status of 547
each disposition approved by the Council during the previous 2 years, including a schedule for 548
project completion of each disposition, an explanation of impediments, if any, to completion of 549
the project, and a description of the steps that are being taken to resolve them. 550
(b) Within 180 days after March 16, 2021, and on an annual basis thereafter, the 551
Department of General Services shall transmit to the Council a report on green space in the 552
District, which shall include: 553
(1) The total square footage of green space owned by the District, broken down 554
by ward and by the District agency that owns the real property; 555
(2) The square footage of green space that the District gained or lost over the 556
preceding year, broken down by ward and by the District agency that owns the real property; and 557
(3) A summary of measures taken over the preceding year to increase access to 558
green space for District residents. 559
TITLE II. PUBLIC LANDS OMBUDSPERSON . 560
Sec. 201. Definitions. 561
(a) For the purposes of this title, the term: 562
(1) “Agency” means any office, department, division, board, commission, or 563
agency of the government of the District, including independent agencies, but does not include: 564
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(A) The District of Columbia Courts, as that term is defined in section 565
103(13) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; 566
D.C. Official Code § 1-201.03(13)); 567
(B) The Council; 568
(C) Any instrumentality formed pursuant to an interstate compact; or 569
(D) The Office of the Inspector General; 570
(2) “ANC” means Advisory Neighborhood Commission. 571
(3) “Surplus and Disposition Law” means title I of this act. 572
(4) “Office” means the Office of the Public Lands Ombudsperson. 573
(5) “Ombudsperson” means the administrator of the Office. 574
(6) “Record” means any record, document, book, paper, file, photograph, 575
microfilm, sound recording, video recording, magnetic storage media, computer data, or other 576
material, regardless of physical form or characteristics, created, generated, recorded, received, 577
possessed, controlled, accessible, or auditable by an agency. 578
(b) For the purposes of this title, the terms “key public amenity,” “project page,” and 579
“surplusing agency” shall have the same meanings as provided in section 101 of the Disposition 580
Law. 581
Sec. 202. Office of the Public Lands Ombudsperson; establishment; term. 582
(a) There is established for the District of Columbia the Office of the Public Lands 583
Ombudsperson, which shall be an impartial office responsible to the Council and tasked with 584
assisting the public in securing informed and appropriate uses of lands owned by the District of 585
Columbia. 586
(b) The Office shall be headed by the Public Lands Ombudsperson, who shall be 587
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appointed by the Chairman of the Council in consultation with the chairs of the committees of 588
the Council with jurisdiction over the surplusing agency and the Department of Housing and 589
Community Development, subject to the approval of a majority of the Council by resolution. 590
(c)(1) The Ombudsperson shall serve for a term of 5 years and may be reappointed. 591
(2) The Ombudsperson shall be paid at a rate of compensation as may be 592
established from time to time by the Council. 593
(3) The Ombudsperson may be removed during a term of office only for cause by 594
a majority of the Council and shall receive 2-weeks’ notice of removal. 595
(d) The Ombudsperson shall serve as the personnel authority for the Office and shall have 596
such staff as is appropriated in an approved budget, to whom the Ombudsperson may delegate 597
duties at their discretion. The Ombudsperson and all employees of the Office shall be appointed 598
in the Excepted Service pursuant to Title IX of the District of Columbia Government 599
Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. 600
Official Code 1-609.01 et seq.). 601
(e) The Ombudsperson shall have exclusive authority to administer the Office’s budget. 602
Sec. 203. Qualifications. 603
(a) The Ombudsperson shall: 604
(1) Be a person of recognized judgment, objectivity, and integrity, and qualified 605
by training or experience to analyze problems of law, administration, and public policy; 606
(2) Possess significant experience in the field of community organizing, urban 607
planning, or racial justice advocacy; and 608
3) Have management experience that demonstrates an ability to hire and supervise 609
qualified staff. 610
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(b) The Ombudsperson shall not: 611
(1) Participate in partisan political activities; 612
(2) Be a candidate for or hold any other elective or appointive government office; 613
or 614
(3) Engage in any other occupation, business, or profession that may detract from 615
the performance of the Ombudsperson’s duties or result in a conflict of interest or an appearance 616
of impropriety or partiality with the duties of the Ombudsperson, 617
Sec. 204. Duties. 618
(a) The Ombudsperson shall: 619
(1) Meet no less than annually with the principal agency or agencies responsible 620
for the operation of each type of key public amenity to understand each agency’s anticipated real 621
property needs for key public amenities. 622
(2) Develop expertise in District residents’ and agencies’ various concerns and 623
priorities regarding public property use and the development of key public amenities, including 624
by monitoring agencies’ and the Council’s land use and facilities planning processes and public 625
participation therein. 626
(3) Attend public surplus hearings, public disposition hearings and ANC 627
presentations held pursuant to the Surplus and Disposition Law. 628
(4) Review materials posted to project pages and prepare written comments where 629
the Office believes that such comments would be helpful to the public. 630
(5) Develop and maintain guidance materials for a variety of audiences and 631
regarding the Surplus and Disposition Law, community benefit agreements, and other matters 632
relevant to the Office’s mission. 633
27
(6) Create and maintain a website for the Office that, at a minimum: 634
(A) Contains summaries of anticipated District government real property 635
needs, including information on agencies’ forecasted real property needs for key public 636
amenities obtained pursuant to paragraph (1); and 637
(B) Allows for the submission of requests for the Ombudsperson’s 638
assistance, including assistance pursuant to paragraphs (7) and (8) of this subsection and such 639
other related assistance as the Ombudsperson sees fit to offer. 640
(7) Assist members of the public with questions regarding real property surplus 641
and disposition. 642
(8) Provide guidance to ANCs and other community representatives regarding 643
best practices for developing equitable and enforceable community benefit agreements. 644
(9) Advise Councilmembers and staff on real property surplus and disposition 645
decisions, with a focus on identifying relevant community-level and District-wide goals and 646
plans. 647
(b) In performing their duties, the Ombudsperson shall endeavor to prioritize the needs of 648
lower-income communities, communities at risk of displacement from the District, and 649
communities that lack professional representation or other relevant assistance. 650
Sec. 205. Powers. 651
(a) Notwithstanding any other provision of law, the Ombudsperson may: 652
(1) Access, examine, and copy, without payment of a fee, any agency record that 653
is required for the discharge of the Ombudsperson’s duties; and 654
(2) Make inquiries and obtain assistance and information from an agency that is 655
required for the discharge of the Ombudsperson’s duties, including agency participation in the 656
28
meetings required by section 204(1). 657
(b) The Ombudsperson shall not: 658
(1) Take any personnel action, except regarding the employees of the Office; or 659
(2) Provide legal advice or legal representation. 660
Sec. 206. Reporting. 661
(a) The Ombudsperson may at any time report the Office’s activities to the Council or 662
any of its committees, the Mayor, the Office of the Inspector General, any relevant agency, or the 663
public. 664
(b) Each year, no later than January 31, the Ombudsperson shall provide an annual report 665
to the Council, which shall contain the following information based on the work and 666
observations of the Office during the prior fiscal year: 667
(1) A list of real property surplus or disposition matters on which the Office 668
provided assistance; 669
(2) A summary of the types of assistance that the Office provided in connection 670
with each matter; 671
(3) A description of the main users of the Office’s services in connection with 672
each matter, including an estimate of the number of individuals assisted; and 673
(4) Any policy recommendations, including recommended legislation, 674
regulations, or best practices to improve transparency and accountability in public land use 675
planning; reduce displacement of working-class and lower-income households and people of 676
color; and ensure equitable distribution of key public amenities. 677
Sec. 207. Budgeting. 678
Beginning in Fiscal Year 2024, the Chief Financial Officer shall assign an individual 679
29
agency-level code for the Office in the District’s financial system. 680
TITLE III. TRANSITIONAL AND CONFORMING AMENDMENTS . 681
Sec. 301. Conforming amendments to existing surplus and disposition procedures. 682
An Act Authorizing the sale of certain real estate in the District of Columbia, approved 683
August 5, 1939 (53 Stat. 1222; D.C. Official Code §§ 10-801 et seq.), is amended as follows: 684
(1) Section 1(a) (D.C. Official Code § 10-801(a)) is amended as follows: 685
(A) Paragraph (1) is amended to read as follows: 686
“(a)(1) Prior to the applicability date of the Common Ground Amendment Act of 687
2023, effective ___ (Bill 25-___; D.C. Official Code §§ ___ et seq.), the Mayor is authorized and 688
empowered, in their discretion, for the best interests of the District of Columbia, and with the 689
approval of the Council by resolution pursuant to this section, to sell, convey, lease (inclusive of 690
options) for a period of greater than 15 years, exchange, or otherwise dispose of real property, in 691
whole or in part, now or hereafter owned in fee simple by the District, whether purchased with 692
appropriated, grant, or other funds, the proceeds of general obligation bonds or tax revenue 693
anticipation notes issued by the District government, or United States Treasury Notes, or 694
obtained by any other means including exchange, condemnation, eminent domain, gift, 695
dedication, donation, devise or assignment, for municipal, community development, or other 696
public purpose, which the Council finds to be no longer required for public purposes by 697
resolution pursuant to this section; provided, that this section shall not apply to real property 698
disposed of pursuant to section 6(c) of the District of Columbia Community Development Act of 699
1975, effective December 16, 1975 (D.C. Law 1-39; D.C. Official Code § 6-1005(c)). After the 700
applicability date of the Common Ground Amendment Act of 2023, effective ___ (Bill 25-___; 701
D.C. Official Code §§ ___ et seq.), title I of that act shall govern real property dispositions.”. 702
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(B) Paragraphs (3) and (4) are repealed. 703
(2) Section 1b (D.C. Official Code § 10-801.01) is repealed. 704
Sec. 303. Conforming amendments regarding racial equity analyses. 705
Section 102(c) of the Racial Equity Achieves Results (REACH) Amendment Act of 706
2020, effective March 16, 2021 (D.C. Law 23-181; D.C. Official Code § 2-1471.02(b)(1)) is 707
amended as follows: 708
(1) Paragraph (7) is amended by striking the phrase “; and” and inserting a 709
semicolon in its place. 710
(2) Paragraph (8)(C) is amended by striking the period and inserting the phrase “; 711
and” in its place. 712
(3) A new paragraph (9) is added to read as follows: 713
“(9) Prepare statements regarding proposed real property surplus and disposition 714
resolutions for submission to the Council by the Chief Equity Officer pursuant to sections 715
106(d)(2) and 109(c)(6) of the Common Ground Amendment Act of 2023, effective __ (B25-716
___).”. 717
Sec. 302. Conforming amendments to cross-references. 718
(a) D.C. Official Code § 16-1332(a) is amended by striking the phrase “in accordance 719
with section 10-801,” and inserting the phrase “in accordance with section 10-801 or title I of the 720
Common Ground Amendment Act of 2022,” in its place. 721
(b) Section 2(c) of the Southwest Waterfront Redevelopment Clarification Act of 2010, 722
effective April 8, 2011 (D.C. Law 18-359; D.C. Official Code § 2–1217.151(c)) is amended to 723
read as follows: 724
“(c) All future amendments to the Land Disposition Agreement shall be submitted to the 725
31
Council for approval in accordance with the procedures set forth in section 109(g) of the 726
Common Ground Amendment Act of 2023, effective ___ (Bill 25-___; D.C. Official Code 727
§ ___).”. 728
(c) Chapter 283 of An Act To permit the exchange of land belonging to the District of 729
Columbia for land belonging to the abutting property owner or owners, and for other purposes, 730
approved August 1, 1951 (65 Stat. 150; D.C. Official Code § 10-901), is amended to read as 731
follows: 732
“Where 2 lots or parcels of land abut each other and 1 of such lots or parcels belongs to 733
the District of Columbia, the Council of the District of Columbia, in accordance with title I of the 734
Common Ground Amendment Act of 2023, effective ___ (Bill 25-___, D.C. Official Code §§ 735
___ et seq.), is hereby authorized and empowered, when in its judgment and discretion it is for 736
the best interest of the District of Columbia, to exchange such District-owned land, or part 737
thereof, for the abutting lot or parcel of land, or part thereof.”. 738
(d) The Small, Local, and Disadvantaged Business Development and Assistance Act of 739
2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code§ 2-218.01 et seq.), is 740
amended as follows: 741
(1) Section 2302(9)(F) (D.C. Official Code§ 2-218.02(9)(F)) is amended to read 742
as follows: 743
“(F) A development project conducted pursuant to a disposition under 744
section 1 of An Act Authorizing the sale of certain real estate in the District of Columbia no 745
longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code 746
§ 10-801) or title I of the Common Ground Amendment Act of 2023, effective ___ (Bill 25-___; 747
D.C. Official Code § ___).”. 748
32
(2) Section 2349a(a)(1) (D.C. Official Code § 2–218.49a(a)(1)) is amended by 749
striking the phrase “small investors” and inserting the phrase “or title I of the Common Ground 750
Amendment Act of 2023, effective ___ (Bill 25-___; D.C. Official Code §§ ___ et seq.), small 751
investors” in its place. 752
TITLE IV. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE. 753
Sec. 401. Applicability. 754
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 755
budget and financial plan. 756
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 757
an approved budget and financial plan, and provide notice to the Budget Director of the Council 758
of the certification. 759
(c)(1) The Budget Director shall cause the notice of the certification to be published in 760
the District of Columbia Register. 761
(2) The date of publication of the notice of the certification shall not affect the 762
applicability of this act. 763
Sec. 402. Fiscal impact statement. 764
The Council adopts the fiscal impact statement in the committee report as the fiscal 765
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 766
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 767
Sec. 403. Effective date. 768
This act shall take effect following approval by the Mayor (or in the event of veto by the 769
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 770
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 771
33
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 772
Columbia Register. 773