20 U.S.C. § 76q-1 : US Code - Section 76Q-1: John F. Kennedy Center Plaza

Search 20 U.S.C. § 76q-1 : US Code - Section 76Q-1: John F. Kennedy Center Plaza

(a) Definitions
In this section, the following definitions apply:
(1) Air rights
The term "air rights" means real property interests conveyed by
deed, lease, or permit for the use of space between streets and
alleys within the boundaries of the Project.
(2) Center
The term "Center" means the John F. Kennedy Center for the
Performing Arts.
(3) Green spaces
The term "green spaces" means areas within the boundaries of
the Project or affected by the Project that are covered by grass,
trees, or other vegetation.
(4) Plaza
The term "Plaza" means improvements to the area surrounding the
John F. Kennedy Center building carried out under the Project and
comprised of transportation elements (including roadways,
sidewalks, and bicycle lanes) and non-transportation elements
(including landscaping, green space, open public space, water,
sewer, and utility connections).
(5) Project
The term "Project" means the Plaza project, as described in the
TEA-21 report, providing for construction of a Plaza adjacent to
the Center and for improved bicycle, pedestrian, and vehicular
access to and around the Center. The term includes planning,
design, engineering, and construction of the Plaza, buildings to
be constructed on the Plaza, and related transportation
improvements and may include any other elements of the Project
identified in the TEA-21 report.
(6) Secretary
The term "Secretary" means the Secretary of Transportation.
(7) TEA-21 report
The term "TEA-21 report" means the report of the Secretary
submitted to Congress under section 1214 of the Transportation
Equity Act for the 21st Century (20 U.S.C. 76j note; 112 Stat.
204).
(b) Responsibilities of the Secretary
(1) In general
The Secretary shall be responsible for the Project and may
undertake such activities as may be necessary to construct the
Project, other than buildings to be constructed on the Plaza,
substantially as described in the TEA-21 report.
(2) Planning, design, engineering, and construction
The Secretary shall be responsible for the planning, design,
engineering, and construction of the Project, other than
buildings to be constructed on the Plaza.
(3) Agreements with the Board and other agencies
The Secretary shall enter into memoranda of agreement with the
Board and any appropriate Federal or other governmental agency to
facilitate the planning, design, engineering, and construction of
the Project.
(4) Consultation with the Board
The Secretary shall consult with the Board to maximize
efficiencies in planning and executing the Project, including the
construction of any buildings on the Plaza.
(5) Contracts
Subject to the approval of the Board, the Secretary may enter
into contracts on behalf of the Center related to the planning,
design, engineering, and construction of the Project.
(6) Project Team
(A) Establishment
To further construction of the Project, the Secretary shall
establish a Project Team.
(B) Membership
The Project Team shall be composed of the following members:
(i) The Secretary (or the Secretary's designee).
(ii) The Administrator of General Services (or the
Administrator's designee).
(iii) The Chairman of the Board (or the Chairman's
designee).
(iv) Such other individuals as the Project Team considers
appropriate.
(C) Project Director
The Project Team shall have a Project Director who shall be
appointed by the Secretary, in consultation with the
Administrator of General Services and the Chairman of the
Board. The Project Director shall report directly to the
Project Team.
(c) Responsibilities of the Board
(1) In general
The Board, in consultation with the Project Team, may undertake
such activities as may be necessary to construct buildings on the
Plaza for the Project.
(2) Receipt of transfers of air rights
The Board may receive from the District of Columbia such
transfers of air rights as may be necessary for the planning,
design, engineering, and construction of the Project.
(3) Construction of buildings
The Board, in consultation with the Project Team, may
construct, with non-appropriated funds, buildings on the Plaza
for the Project and shall be responsible for the planning,
design, engineering, and construction of the buildings.
(4) Acknowledgment of contributions
(A) In general
The Board may acknowledge private contributions used in the
construction of buildings on the Plaza for the Project in the
interior of the buildings, but may not acknowledge private
contributions on the exterior of the buildings.
(B) Applicability of other requirements
Any acknowledgment of private contributions under this
paragraph shall be consistent with the requirements of section
76j(b) of this title.
(5) Approval by Project Team
Notwithstanding section 76k(e) of this title, any decision by
the Board that will significantly affect, as determined by the
Project Team in consultation with the Board, the scope, cost,
schedule, or engineering feasibility of any element of the
Project, other than buildings to be constructed on the Plaza,
shall be subject to the approval of the Project Team.
(d) Responsibilities of the District of Columbia
(1) Modification of highway system
Notwithstanding any State or local law, the Mayor of the
District of Columbia, in consultation with the National Capital
Planning Commission and the Secretary, shall have exclusive
authority to amend or modify the permanent system of highways of
the District of Columbia as may be necessary to meet the
requirements and needs of the Project.
(2) Conveyances
(A) Authority
Notwithstanding any State or local law, the Mayor of the
District of Columbia shall have exclusive authority to convey
or dispose of any interests in real estate (including air
rights or air space as that term is defined by District of
Columbia law) owned or controlled by the District of Columbia,
as may be necessary to meet the requirements and needs of the
Project.
(B) Conveyance to the Board
Not later than 90 days following the date of receipt of
notification from the Secretary of the requirements and needs
of the Project, the Mayor of the District of Columbia shall
convey or dispose of to the Board without compensation
interests in real estate described in subparagraph (A).
(3) Agreements with the Board
The Mayor of the District of Columbia shall have the authority
to enter into memoranda of agreement with the Board and any
Federal or other governmental agency to facilitate the planning,
design, engineering, and construction of the Project.
(e) Ownership
(1) Roadways and sidewalks
Upon completion of the Project, responsibility for maintenance
and oversight of roadways and sidewalks modified or improved for
the Project shall remain with the owner of the affected roadways
and sidewalks.
(2) Maintenance of green spaces
Subject to paragraph (3), upon completion of the Project,
responsibility for maintenance and oversight of any green spaces
modified or improved for the Project shall remain with the owner
of the affected green spaces.
(3) Buildings and green spaces on the Plaza
Upon completion of the Project, the Board shall own, operate,
and maintain the buildings and green spaces established on the
Plaza for the Project.
(f) National highway boundaries
(1) Realignment of boundaries
The Secretary may realign national highways related to proposed
changes to the Northern and Southern Interchanges and the E
Street Approach recommended in the TEA-21 report in order to
facilitate the flow of traffic in the vicinity of the Center.
(2) Access to Center from I-66
The Secretary may improve direct access and egress between
Interstate Route 66 and the Center, including its garages.
(g) GAO review
Until completion of the Project, the Comptroller General shall
review the management and oversight of construction of the Project
by the Board and report periodically on the results of the review
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate.