Calendar No. 469

104TH CONGRESS

2D SESSION H. R. 1508

[Report No. 104–294]

AN ACT

To require the transfer of title to the District of

family-oriented park.Children’s Island, a cultural, educational, andPark to facilitate the construction of NationalColumbia of certain real property in Anacostia

JUNE 26, 1996

Reported without amendment
II

Calendar No. 469

104TH CONGRESS

2D SESSION H. R. 1508

[Report No. 104–294]

IN THE SENATE OF THE UNITED STATES

OCTOBER 31, 1995

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

JUNE 26, 1996

Reported by Mr. STEVENS, without amendment

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,

3 SECTION 1. SHORT TITLE.

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

5 Island Act of 1995’’.

6 SEC. 2. DEFINITIONS.

7 For the purposes of this Act:
2

•HR 1508 RS

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

2 Office of the Surveyor of the District of Columbia

3 under S.O. 92–252.

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

5 Columbia.

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

7 and all of that portion of Kingman Island located

8 south of Benning Road and within the District of

9 Columbia and the Anacostia River, being a portion

10 of United States Reservation 343, Section F, as

11 specified and legally described on the Survey.

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

13 means a cultural, educational, and family-oriented

14 recreation park, together with a children’s play15 ground, to be developed and operated in accordance

16 with the Children’s Island Development Plan Act of

17 1993, D.C. Act 10–110.

18 (5) The term ‘‘playground’’ means the chil19 dren’s playground that is part of National Children’s

20 Island and includes all lands on the Islands located

21 south of East Capitol Street.

22 (6) The term ‘‘recreation park’’ means the cul23 tural, educational, and family-oriented recreation

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

•HR 1508 RS

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

2 of the Interior.

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

4 ACSM Land Title Survey prepared by Dewberry &

5 Davis and dated February 12, 1994.

6 SEC. 3. PROPERTY TRANSFER.

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

8 construction, development, and operation of National Chil9 dren’s Island, the Secretary shall, not later than six

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

11 to this Act, transfer by quitclaim deed, without consider12 ation, to the District all right, title, and interest of the

13 United States in and to the Islands. Unbudgeted actual

14 costs incurred by the Secretary for such transfer shall be

15 borne by the District. The District may seek reimburse16 ment from any third party for such costs.

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

18 shall, not later than six months after the date of enact19 ment of this Act, grant, without consideration, to the Dis20 trict, permanent easements across the waterways and bed

21 of the Anacostia River as described in the Survey as

22 Leased Riverbed Areas A, B, C, and D, and across the

23 shoreline of the Anacostia River as depicted on the plat

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

25 as S.O. 92–252.
4

•HR 1508 RS

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

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

3 (A) constructing, reconstructing, maintaining,

4 operating, and otherwise using only such bridges,

5 roads, and other improvements as are necessary or

6 desirable for vehicular and pedestrian egress and in7 gress to and from the Islands and which satisfy the

8 District Building Code and applicable safety require9 ments;

10 (B) installing, reinstalling, maintaining, and op11 erating utility transmission corridors, including (but

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

13 gas, necessary or desirable for the construction, re14 construction, maintenance, and operation of the Is15 lands and any and all improvements located thereon

16 from time to time; and

17 (C) constructing, reconstructing, maintaining,

18 operating, and otherwise providing necessary infor19 mational kiosk, ticketing booth, and security for the

20 Islands.

21 (3) Easements granted under paragraph (1) shall be

22 assignable by the District to any lessee, sublessee, or oper23 ator, or any combination thereof, of the Islands.

24 (c) DEVELOPMENT.—The development of National

25 Children’s Island shall proceed as specified in paragraph
5

•HR 1508 RS

1 3 of the legend on the plat or as otherwise authorized by

2 the District by agreement, lease, resolution, appropriate

3 executive action, or otherwise.

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

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

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

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

8 the property transferred under subsection (a) and the

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

10 United States 60 days after the date on which the Sec11 retary provides written notice of the reversion to the Dis12 trict based on the Secretary’s determination, which shall

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

14 States Code (relating to administrative procedures), that

15 one of the following has occurred:

16 (A) Failure to commence improvements in the

17 recreational park within the earlier of—

18 (i) three years after building permits are

19 obtained for construction of such improvements;

20 or

21 (ii) four years after title has been trans22 ferred, as provided in subsection (a).

23 (B) Failure to commence operation of the recre24 ation park within the earlier of—
6

•HR 1508 RS

1 (i) five years after building permits are ob2 tained for construction of such improvements;

3 or

4 (ii) seven years after title has been trans5 ferred, as provided in subsection (a).

6 (C) After completion of construction and com7 mencement of operation, the abandonment or non8 use of the recreation park for a period of two years.

9 (D) After completion of construction and com10 mencement of operation, conversion of the Islands to

11 a use other than that specified in this Act or conver12 sion to a parking use not in accordance with section

13 4(b).

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

15 extended during the pendency of any lawsuit which seeks

16 to enjoin the development or operation of National Chil17 dren’s Island or the administrative process leading to such

18 development or operation.

19 (3) Following any reconveyance or reversion to the

20 National Park Service, any and all claims and judgments

21 arising during the period the District holds title to the

22 Islands, the playground, and premises shall remain the re23 sponsibility of the District, and such reconveyance or re24 version shall extinguish any and all leases, rights or privi-
7

•HR 1508 RS

1 leges to the Islands and the playground granted by the

2 District.

3 (4) The District shall require any nongovernmental

4 entity authorized to construct, develop, and operate Na5 tional Children’s Island to establish an escrow fund, post

6 a surety bond, provide a letter of credit or otherwise pro7 vide such security for the benefit of the National Park

8 Service, substantially equivalent to that specified in para9 graph 11 of the legend on the plat, to serve as the sole

10 source of funding for restoration of the recreation park

11 to a condition suitable for National Park Service purposes

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

13 and landscaping of the recreation park) upon reversion of

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

15 date of reversion of the property, the National Park Serv16 ice has not commenced restoration or is not diligently pro17 ceeding with such restoration, any amount in the escrow

18 fund shall be distributed to such nongovernmental entity.

19 SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED

20 AND EASEMENTS GRANTED.

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

22 may only commence simultaneously with or subsequent to

23 improvement and opening of a children’s playground at

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

25 free of charge. The playground shall only include those
8

•HR 1508 RS

1 improvements traditionally or ordinarily included in a pub2 licly maintained children’s playground. Operation of the

3 recreation park is at all times dependent on the continued

4 maintenance of the children’s playground.

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

6 is prohibited, except for handicapped parking, emergency

7 and government vehicles, and parking related to construct8 ing, and servicing National Children’s Island.

9 (c) REQUIRED APPROVALS.—Before construction

10 commences, the final design plans for the recreation park

11 and playground, and all related structures, including

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

13 of the National Capital Planning Commission and of the

14 District of Columbia in accordance with the Children’s Is15 land Development Plan Act of 1993 (D.C. Act 10–110).

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

17 project in full compliance with all applicable provisions of

18 the National Environmental Policy Act of 1969.

19 SEC. 5. EFFECT OF PROPERTY TRANSFER.

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

21 transfer of the Islands to the District pursuant to this Act:

22 (1) The Transfer of Jurisdiction concerning the

23 Islands from the National Park Service to the Dis24 trict dated February 1993, as set out on the plat

25 map recorded in the Office of the Surveyor of the
9

•HR 1508 RS

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

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

3 become null and void and of no further force and ef4 fect, except for the references in this Act to para5 graphs 3 and 11 of the legend on the plat.

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

7 be part of Anacostia Park and shall not be consid8 ered to be within the park system of the District;

9 therefore, the provisions of section 2 of the Act enti10 tled ‘‘An Act to vest in the Commissioners of the

11 District of Columbia control of street parking in said

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

13 570; D.C. Code 8–104), shall not apply to the Is14 lands, and the District shall have exclusive charge

15 and control over the Islands and easements trans16 ferred.

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

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

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

20 Stat. 444; 40 U.S.C. 68; 8–128 D.C. Code).

21 (b) USE OF CERTAIN LANDS FOR PARKING AND

22 OTHER PURPOSES.—Notwithstanding any other provision

23 of law, the District is hereby authorized to grant via ap24 propriate instrument to a nongovernmental individual or

25 entity any and all of its rights to use the lands currently
10

•HR 1508 RS

1 being leased by the United States to the District pursuant

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

3 Law 85–300, September 7, 1957, 71 Stat. 619) for park4 ing facilities (and necessary informational kiosk, ticketing

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

6 discretion may determine necessary or appropriate in con7 nection with or in support of National Children’s Island.

8 SEC. 6. SAVINGS PROVISIONS.

9 No provision of this Act shall be construed—

10 (1) as an express or implied endorsement or ap11 proval by the Congress of any such construction, de12 velopment, or operation of National Children’s Is13 land;

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

15 the recreational park and playground from the laws

16 of the United States or the District, including laws

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

18 (3) to prevent additional conditions on the Na19 tional Children’s Island development or operation to

20 mitigate adverse impacts on adjacent residential

21 neighborhoods and park lands and the Anacostia

22 River.