IIA

104TH CONGRESS

1ST SESSION H. R. 1508

IN THE SENATE OF THE UNITED STATES

OCTOBER 31, 1995

Received; read twice and referred to the Committee on Governmental Affairs

AN ACT

To require the transfer of title to the District of Columbia

of certain real property in Anacostia Park to facilitate

the construction of National Children’s Island, a cultural,

educational, and family-oriented park.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Children’s

3 Island Act of 1995’’.

4 SEC. 2. DEFINITIONS.

5 For the purposes of this Act:

6 (1) The term ‘‘plat’’ means the plat filed in the

7 Office of the Surveyor of the District of Columbia

8 under S.O. 92–252.

9 (2) The term ‘‘District’’ means the District of

10 Columbia.

11 (3) The term ‘‘Islands’’ means Heritage Island

12 and all of that portion of Kingman Island located

13 south of Benning Road and within the District of

14 Columbia and the Anacostia River, being a portion

15 of United States Reservation 343, Section F, as

16 specified and legally described on the Survey.

17 (4) The term ‘‘National Children’s Island’’

18 means a cultural, educational, and family-oriented

19 recreation park, together with a children’s play20 ground, to be developed and operated in accordance

21 with the Children’s Island Development Plan Act of

22 1993, D.C. Act 10–110.

23 (5) The term ‘‘playground’’ means the chil24 dren’s playground that is part of National Children’s

25 Island and includes all lands on the Islands located

26 south of East Capitol Street.
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1 (6) The term ‘‘recreation park’’ means the cul2 tural, educational, and family-oriented recreation

3 park that is part of National Children’s Island.

4 (7) The term ‘‘Secretary’’ means the Secretary

5 of the Interior.

6 (8) The term ‘‘Survey’’ means the ALTA/

7 ACSM Land Title Survey prepared by Dewberry &

8 Davis and dated February 12, 1994.

9 SEC. 3. PROPERTY TRANSFER.

10 (a) TRANSFER OF TITLE.—In order to facilitate the

11 construction, development, and operation of National Chil12 dren’s Island, the Secretary shall, not later than six

13 months after the date of enactment of this Act and subject

14 to this Act, transfer by quitclaim deed, without consider15 ation, to the District all right, title, and interest of the

16 United States in and to the Islands. Unbudgeted actual

17 costs incurred by the Secretary for such transfer shall be

18 borne by the District. The District may seek reimburse19 ment from any third party for such costs.

20 (b) GRANT OF EASEMENTS.—(1) The Secretary

21 shall, not later than six months after the date of enact22 ment of this Act, grant, without consideration, to the Dis23 trict, permanent easements across the waterways and bed

24 of the Anacostia River as described in the Survey as

25 Leased Riverbed Areas A, B, C, and D, and across the
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1 shoreline of the Anacostia River as depicted on the plat

2 map recorded in the Office of the Surveyor of the District

3 as S.O. 92–252.

4 (2) Easements granted under paragraph (1) shall run

5 with the land and shall be for the purposes of—

6 (A) constructing, reconstructing, maintaining,

7 operating, and otherwise using only such bridges,

8 roads, and other improvements as are necessary or

9 desirable for vehicular and pedestrian egress and in10 gress to and from the Islands and which satisfy the

11 District Building Code and applicable safety require12 ments;

13 (B) installing, reinstalling, maintaining, and op14 erating utility transmission corridors, including (but

15 not limited to) all necessary electricity, water, sewer,

16 gas, necessary or desirable for the construction, re17 construction, maintenance, and operation of the Is18 lands and any and all improvements located thereon

19 from time to time; and

20 (C) constructing, reconstructing, maintaining,

21 operating, and otherwise providing necessary infor22 mational kiosk, ticketing booth, and security for the

23 Islands.
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1 (3) Easements granted under paragraph (1) shall be

2 assignable by the District to any lessee, sublessee, or oper3 ator, or any combination thereof, of the Islands.

4 (c) DEVELOPMENT.—The development of National

5 Children’s Island shall proceed as specified in paragraph

6 3 of the legend on the plat or as otherwise authorized by

7 the District by agreement, lease, resolution, appropriate

8 executive action, or otherwise.

9 (d) REVERSION.—(1) The transfer under subsection

10 (a) and the grant of easements under subsection (b) shall

11 be subject to the condition that the Islands only be used

12 for the purposes of National Children’s Island. Title in

13 the property transferred under subsection (a) and the

14 easements granted under subsection (b), shall revert to the

15 United States 60 days after the date on which the Sec16 retary provides written notice of the reversion to the Dis17 trict based on the Secretary’s determination, which shall

18 be made in accordance with chapter 5 of title 5, United

19 States Code (relating to administrative procedures), that

20 one of the following has occurred:

21 (A) Failure to commence improvements in the

22 recreational park within the earlier of—

23 (i) three years after building permits are

24 obtained for construction of such improvements;

25 or
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1 (ii) four years after title has been trans2 ferred, as provided in subsection (a).

3 (B) Failure to commence operation of the recre4 ation park within the earlier of—

5 (i) five years after building permits are ob6 tained for construction of such improvements;

7 or

8 (ii) seven years after title has been trans9 ferred, as provided in subsection (a).

10 (C) After completion of construction and com11 mencement of operation, the abandonment or non12 use of the recreation park for a period of two years.

13 (D) After completion of construction and com14 mencement of operation, conversion of the Islands to

15 a use other than that specified in this Act or conver16 sion to a parking use not in accordance with section

17 4(b).

18 (2) The periods referred to in paragraph (1) shall be

19 extended during the pendency of any lawsuit which seeks

20 to enjoin the development or operation of National Chil21 dren’s Island or the administrative process leading to such

22 development or operation.

23 (3) Following any reconveyance or reversion to the

24 National Park Service, any and all claims and judgments

25 arising during the period the District holds title to the
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1 Islands, the playground, and premises shall remain the re2 sponsibility of the District, and such reconveyance or re3 version shall extinguish any and all leases, rights or privi4 leges to the Islands and the playground granted by the

5 District.

6 (4) The District shall require any nongovernmental

7 entity authorized to construct, develop, and operate Na8 tional Children’s Island to establish an escrow fund, post

9 a surety bond, provide a letter of credit or otherwise pro10 vide such security for the benefit of the National Park

11 Service, substantially equivalent to that specified in para12 graph 11 of the legend on the plat, to serve as the sole

13 source of funding for restoration of the recreation park

14 to a condition suitable for National Park Service purposes

15 (namely, the removal of all buildings and grading, seeding

16 and landscaping of the recreation park) upon reversion of

17 the property. If, on the date which is two years from the

18 date of reversion of the property, the National Park Serv19 ice has not commenced restoration or is not diligently pro20 ceeding with such restoration, any amount in the escrow

21 fund shall be distributed to such nongovernmental entity.

22 SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED

23 AND EASEMENTS GRANTED.

24 (a) PLAYGROUND.—Operation of the recreation park

25 may only commence simultaneously with or subsequent to
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1 improvement and opening of a children’s playground at

2 National Children’s Island that is available to the public

3 free of charge. The playground shall only include those

4 improvements traditionally or ordinarily included in a pub5 licly maintained children’s playground. Operation of the

6 recreation park is at all times dependent on the continued

7 maintenance of the children’s playground.

8 (b) PUBLIC PARKING.—Public parking on the Islands

9 is prohibited, except for handicapped parking, emergency

10 and government vehicles, and parking related to construct11 ing, and servicing National Children’s Island.

12 (c) REQUIRED APPROVALS.—Before construction

13 commences, the final design plans for the recreation park

14 and playground, and all related structures, including

15 bridges and roads, are subject to the review and approval

16 of the National Capital Planning Commission and of the

17 District of Columbia in accordance with the Children’s Is18 land Development Plan Act of 1993 (D.C. Act 10–110).

19 The District of Columbia shall carry out its review of this

20 project in full compliance with all applicable provisions of

21 the National Environmental Policy Act of 1969.

22 SEC. 5. EFFECT OF PROPERTY TRANSFER.

23 (a) EFFECT OF PROPERTY TRANSFER.—Upon the

24 transfer of the Islands to the District pursuant to this Act:
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1 (1) The Transfer of Jurisdiction concerning the

2 Islands from the National Park Service to the Dis3 trict dated February 1993, as set out on the plat

4 map recorded in the Office of the Surveyor of the

5 District as S.O. 92–252 and as approved by the

6 Council of the District by Resolution 10–91, shall

7 become null and void and of no further force and ef8 fect, except for the references in this Act to para9 graphs 3 and 11 of the legend on the plat.

10 (2) The Islands shall no longer be considered to

11 be part of Anacostia Park and shall not be consid12 ered to be within the park system of the District;

13 therefore, the provisions of section 2 of the Act enti14 tled ‘‘An Act to vest in the Commissioners of the

15 District of Columbia control of street parking in said

16 District’’, approved July 1, 1898 (ch. 543, 30 Stat.

17 570; D.C. Code 8–104), shall not apply to the Is18 lands, and the District shall have exclusive charge

19 and control over the Islands and easements trans20 ferred.

21 (3) The Islands shall cease to be a reservation,

22 park, or public grounds of the United States for the

23 purposes of the Act of August 24, 1912 (ch. 355, 37

24 Stat. 444; 40 U.S.C. 68; 8–128 D.C. Code).
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1 (b) USE OF CERTAIN LANDS FOR PARKING AND

2 OTHER PURPOSES.—Notwithstanding any other provision

3 of law, the District is hereby authorized to grant via ap4 propriate instrument to a nongovernmental individual or

5 entity any and all of its rights to use the lands currently

6 being leased by the United States to the District pursuant

7 to the District of Columbia Stadium Act of 1957 (Public

8 Law 85–300, September 7, 1957, 71 Stat. 619) for park9 ing facilities (and necessary informational kiosk, ticketing

10 booth, and security) as the Mayor of the District in his

11 discretion may determine necessary or appropriate in con12 nection with or in support of National Children’s Island.

13 SEC. 6. SAVINGS PROVISIONS.

14 No provision of this Act shall be construed—

15 (1) as an express or implied endorsement or ap16 proval by the Congress of any such construction, de17 velopment, or operation of National Children’s Is18 land;

19 (2) except as provided in section 5, to exempt

20 the recreational park and playground from the laws

21 of the United States or the District, including laws

22 relating to the environment, health, and safety; or

23 (3) to prevent additional conditions on the Na24 tional Children’s Island development or operation to

25 mitigate adverse impacts on adjacent residential
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1 neighborhoods and park lands and the Anacostia

2 River.

Passed the House of Representatives October 30,

1995.

Attest: ROBIN H. CARLE,

Clerk.