District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0178 Latest Draft

Bill / Introduced Version Filed 03/21/2025

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Chairman Phil Mendelson                                                  Councilmember Janeese Lewis George 2 
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Councilmember Zachary Parker                                              Councilmember Brianne K. Nadeau 6 
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Councilmember Brooke Pinto                  Councilmember Anita Bonds 10 
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Councilmember Henderson                                                   Councilmember Robert C. White, Jr. 14 
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                                                                                              Councilmember Kenyan R. McDuffie 18 
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A BILL 20 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 25 
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To amend the Department of Energy and Environment Establishment Act of 2005 to establish 29 
the Natural Areas Conservation Program within the Department of Energy and 30 
Environment to provide stewardship of and conserve District-owned or -managed natural 31 
areas, develop a natural areas stewardship and invasive plant response plan, and establish 32 
Natural Areas Stewardship projects. 33 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 35 
act may be cited as the “Natural Areas Conservation Program Amendment Act of 2025”. 36 
Sec. 2. The Department of Energy and Environment Establishment Act of 2005, effective 37 
February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq.), is amended as follows: 38 
(a) Section 101 (D.C. Official Code § 8-151.01) is amended as follows: 39 
(1) A new paragraph (1A) is added to read as follows: 40  “(1A) “Conservation easement” means a nonpossessory interest of a holder in real 41 
property imposing limitations or affirmative obligations the purposes of which include retaining 42 
or protecting natural, scenic, or open-space values of real property, ensuring its availability for 43 
agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or 44 
enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural 45 
aspects of real property.”. 46 
(2) A new paragraph (7A) is added to read as follows: 47 
“(7A) “Integrated pest management” means a sustainable approach to managing 48 
pests by combining biological, cultural, physical, and chemical tools in a way that minimizes 49 
economic, health, and environmental risks.”. 50 
(3) A new paragraph (8A) is added to read as follows: 51 
“(8A) “Low-impact recreation” means non-motorized outdoor, nature-based 52 
recreational activities, including, but not limited to, boating, swimming, fishing, hiking, 53 
picnicking, nature observation, photography, cross-country skiing, snowshoeing, and 54 
enjoyment of open space.”. 55 
(4) New paragraphs (9A) and (9B) are added to read as follows: 56 
“(9A) “NACP” means the Natural Areas Conservation Program established by 57 
section 109f.”. 58 
“(9B) “Natural areas” means undeveloped or wild lands and those lands preserved 59 
or restored and managed for their natural features, including but not limited to parks, forests, 60 
grasslands, wetlands and shorelines on public and private lands.”. 61 
(5) A new paragraph (13B) is added to read as follows: 62  “(13B) “Stewardship” means activities undertaken to maintain natural areas to 63 
prevent the deterioration or impairment of a natural area, or land use, including management of 64 
vegetation such as removal of invasive plants and planting of native species.”. 65 
(b) New sections 109f and 109g are added to read as follows: 66 
“Sec. 109f. Natural Areas Conservation Program establishment.  67 
“(a) There is established the Natural Areas Conservation Program within DOEE. The 68 
purpose of the NACP is to provide stewardship of natural areas owned or managed by the District.  69 
“(b) NACP shall: 70 
“(1) Provide stewardship of and restore the ecological function and value of 71 
District-owned natural areas through integrated pest management and planting of native plants;  72 
(2) Collaborate with the Department of Transportation on managing trees in 73 
District-owned and -managed natural areas;  74 
“(3) Develop expertise in integrated pest management, invasive plants, and the 75 
promotion of native plants; 76 
“(4) Collaborate with the University of the District of Columbia on the 77 
propagation of native plants and operation of a native plant nursery; 78 
“(5) Have the authority to develop Memorandums of Understanding (MOUs) with 79 
the National Park Service (“NPS”) and other Federal agencies to supplement stewardship of 80 
Federally-owned and -managed natural areas; 81 
“(6) Coordinate with the Department of Parks and Recreation to allow low-impact 82 
recreation in natural areas by installing and maintaining trails and signage;  83  “(5) Coordinate efforts to remove trash and combat illegal dumping in natural 84 
areas in consultation with the Department of Public Works, Metropolitan Police Department, 85 
United States Park Police and non-profit partners;  86 
“(6) Monitor, track, and report on the state of the District’s Natural Areas; 87 
“(7) Develop the Natural Areas Stewardship and Invasive Plant Response Plan 88 
required by section 109g;  89 
“(8) Partner with non-profit organizations, community-based groups, and 90 
individuals to assist in the stewardship of natural areas; and  91 
“(9) Coordinate Natural Areas Stewardship Projects (“Projects”) that supplement 92 
DOEE’s stewardship of natural areas on District-owned and -managed lands. The Projects shall: 93 
“(A) Provide technical assistance and training to individuals, 94 
organizations, and grantees on the promotion of native plants and the removal of invasive plant 95 
species; and 96 
“(B) Provide tools and equipment to support trained groups in invasive 97 
plant management and trash removal.”. 98 
“(c) DOEE, pursuant to Title I of the District of Columbia Administrative Procedure Act, 99 
approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall have the 100 
authority to issue rules to implement the provisions of sections 109f and 109g. 101 
“(d) The NACP may issue grants in furtherance of its duties identified in subsection (b) 102 
of this section, including to support Natural Areas Stewardship Projects.”. 103 
“Sec. 109g. Natural Areas Stewardship and Invasive Plant Response Plan.  104  “(a) Within 24 months of the applicability date of this section, DOEE shall develop a 105 
Natural Areas Stewardship and Invasive Plant Response Plan (“Plan”) to establish a strategic 106 
vision for the stewardship of the District’s natural areas, and the Plan shall:  107 
“(1) Identify and map all natural areas in the District;  108 
“(2) Identify strategies for promoting the growth of native plants and managing 109 
the removal of invasive plant species in District-owned and -managed natural areas; 110 
“(3) Assess the use of critical area designations, as defined by D.C. Code § 8–111 
1731.02, and conservation easements to establish permanent protection for District-owned and -112 
managed natural areas and, if appropriate, provide recommendations for specific natural areas 113 
that should receive a critical area designation or conservation easement; and 114 
“(4) Assess, in coordination with the Department of Parks and Recreation and the 115 
Department of Transportation, how to allow low-impact recreation in District-owned natural 116 
areas with trails and signage. 117 
“(b) The Plan shall include cost estimates for fulfilling each goal identified in subsection 118 
(a) of this section. 119 
“(c) At least 60 days prior to the adoption of the Plan, the NACP shall:  120 
“(1) Publish a draft Plan for a public comment period of no less than 30 days; and  121 
“(2) Convene at least 2 public meetings, including one for residents east of the 122 
Anacostia River, to solicit public testimony and written comments on the draft Plan.”. 123 
Sec. 3. Fiscal impact statement. 124 
The Council adopts the fiscal impact statement in the committee report as the fiscal 125 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 126 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a). 127  Sec. 4. Effective date. 128 
This act shall take effect following approval by the Mayor (or in the event of veto by the 129 
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 130 
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 131 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 132 
Columbia Register. 133