PUBLIC LAW 107–224—SEPT. 18, 2002

JOHN F. KENNEDY CENTER PLAZA

AUTHORIZATION ACT OF 2002

116 STAT. 1340 PUBLIC LAW 107–224—SEPT. 18, 2002

Public Law 107–224

107th Congress

An Act

To amend the John F. Kennedy Center Act to authorize the Secretary of Transportation to carry out a project for construction of a plaza adjacent to the John

F. Kennedy Center for the Performing Arts, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘John F. Kennedy Center Plaza

Authorization Act of 2002’’.

SEC. 2. JOHN F. KENNEDY CENTER PLAZA.

The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is

amended—

(1) by redesignating sections 12 and 13 as sections 13

and 14, respectively; and

(2) by inserting after section 11 the following:

‘‘SEC. 12. 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 nontransportation 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.

20 USC 76q–1.

20 USC 76r, 76s.

20 USC 76h note.

John F. Kennedy

Center Plaza

Authorization

Act of 2002.

District of

Columbia.

Sept. 18, 2002

[H.R. 5012]

PUBLIC LAW 107–224—SEPT. 18, 2002 116 STAT. 1341

‘‘(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 CONSTRUC- TION.—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.

‘‘(c) RESPONSIBILITIES OF THE BOARD.—

‘‘(1) IN GENERAL.—The Board 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 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

4(b). ‘‘(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

116 STAT. 1342 PUBLIC LAW 107–224—SEPT. 18, 2002

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.’’.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

Section 13 of John F. Kennedy Center Act (as redesignated

by section 2 of this Act) is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following:

‘‘(c) JOHN F. KENNEDY CENTER PLAZA.—There is authorized

to be appropriated to the Secretary of Transportation for capital

costs incurred in the planning, design, engineering, and construction

of the project authorized by section 12 (including roadway improvements related to the North and South Interchanges and construction

of the John F. Kennedy Center Plaza, but not including construction

of any buildings on the plaza) a total of $400,000,000 for fiscal

Deadline.

PUBLIC LAW 107–224—SEPT. 18, 2002 116 STAT. 1343

LEGISLATIVE HISTORY—H.R. 5012 (S. 2771):

HOUSE REPORTS: No. 107–622 (Comm. on Transporation and Infrastructure).

CONGRESSIONAL RECORD, Vol. 148 (2002):

Sept. 4, considered and passed House.

Sept. 5, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Sept. 18, Presidential statement.

Æ

years 2003 through 2010. Such sums shall remain available until

expended.’’.

SEC. 4. CONFORMING AMENDMENTS.

(a) SELECTION OF CONTRACTORS.—Section 4(a)(2)(D) of the John

F. Kennedy Center Act (20 U.S.C 76j(a)(2)(D)) is amended to read

as follows: ‘‘(D) SELECTION OF CONTRACTORS.—In carrying out the

duties of the Board under this Act, the Board may negotiate

any contract— ‘‘(i) for planning, design, engineering, or construction of buildings to be erected on the John F. Kennedy

Center Plaza under section 12 and for landscaping

and other improvements to the Plaza; or ‘‘(ii) for an environmental system for, a protection

system for, or a repair to, maintenance of, or restoration of the John F. Kennedy Center for the Performing

Arts,

with selected contractors and award the contract on the

basis of contractor qualifications as well as price.’’. (b) DEFINITIONS.—Section 14 of the John F. Kennedy Center

Act (as redesignated by section 2 of this Act) is amended by adding

at the end the following: ‘‘Upon completion of the project for

establishment of the John F. Kennedy Center Plaza authorized

by section 12, the Board, in consultation with the Secretary of

Transportation, shall amend the map that is on file and available

for public inspection under the preceding sentence.’’.

Approved September 18, 2002.