Sense of the Council on theConstruction of a Correctional Facility Location and Community Preservation Resolution of1999PR 13-131

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Updated: 02:08 pm UTC, 14/10/2024

Councilmember Phil Mendelson

A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Phil Mendelson introduced the following resolution, which
was referred to the Committee on the Judiciary.

To declare the sense of the Council on the construction of a private
correctional facility on existing parkland on Oxon Cove, in Ward 8. RESOLVED, BY THE
COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Sense
of the Council on the Construction of a Correctional Facility Location and Community
Preservation Resolution of 1999".

Sec. 2. The Council finds that:

( 1 ) To protect the quality of life and natural resources of our
communities, the construction of major facilities within the District should be done only
with a fully open and participatory process involving the District’s elected
representatives and its residents.

(2) The Department of the Interior and Related Agencies Appropriations
Act of 1998, approved November 14, 1997 (Pub. L. No. 105-83; 1 1 1 Stat. 1543) mandated
the transfer of 42 acres of parkland from the National Park Service ("NPS")
directly to the Corrections Corporation of America ("CCA") for the purpose of
building a correctional facility, without public notice, without public comment, and
without consultation with local elected officials.

(3) Pursuant to Public Law 105-83, the District lost 42 acres of public
parkland.

(4) Public Law 105-83 exempts the NPS/CCA land transfer from the Environmental
Protection Act and no other independent Environmental Impact Statement (EIS) has been
prepared assessing the impacts of the land transfer and the proposed use of this parcel as
a correctional facility on the existing habitat and the surrounding communities.

(5) The Potomac River has been designated an American Heritage River, so that its
waters and tributaries are to be protected and any development along adjacent land should
protect the natural environment.

(6) Minority and low-income communities around the United States are frequently denied
public access to waterfronts and rivers.

(7) The Oxon Cove site already is an environmentally distressed area, and affords the
only public access to the Potomac River for the far-southwest community .

(8) The Oxon Cove site represents an opportunity for the preservation of waterfront
greenspace for the local community.

(9) Effective rehabilitation of inmates depends in part on contact with their families
and loved ones and correctional facilities should be located so as to be reasonably
accessible. This goal does not mandate Oxon Cove. It does however require an
identification of many sites that can then be comparatively analyzed before any
governmental action is taken.

(10) Correctional facilities located in the District should be sited only with a fully
open and participatory process involving its elected representatives and its residents.

(11) There is significant widespread public concern and opposition to a correctional
facility at the Oxon Cove site from District and Prince Georges County, Maryland
residents. Advisory Neighborhood Commission 8D which represents the Oxon Cove area
unanimously voted to oppose, and the Far Southwest Civic Association is on record opposing
a correctional facility at Oxon Cove.

(12) The Ward 8 community seeks positive development that fosters economically stable
neighborhoods. Development of a correctional facility at Oxon Cove is contrary to that
goal.

(13) The proposed correctional facility at Oxon Cove is not consistent with the
District’s Comprehensive Plan or the Ward 8 plan.

Sec. 3. It is the sense of the Council that the proposed correctional facility should
not be built at Oxon Cove, and that any correctional facility built in the District should
not be constructed on parkland, should not impair District neighborhoods, should employ a
thorough EIS process, and should involve the public through open public hearings on
proposed sites.

Sec. 4. This resolution shall take effect immediately upon the first date of
publication in the District of Colombia Register.