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[Senate Report 111-300]
[From the U.S. Government Publishing Office]

111th Congress
                                 SENATE
                                                                 Report
 2d Session                                                     111-300
_______________________________________________________________________

                                     

                                                       Calendar No. 582

 
                KINGMAN AND HERITAGE ISLANDS ACT OF 2009

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 2092

TO AMEND THE NATIONAL CHILDREN'S ISLAND ACT OF 1995 TO EXPAND ALLOWABLE 
USES FOR KINGMAN AND HERITAGE ISLANDS BY THE DISTRICT OF COLUMBIA, AND 
                           FOR OTHER PURPOSES

               September 22, 2010.--Ordered to be printed
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware           SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri           JOHN ENSIGN, Nevada
JON TESTER, Montana                  LINDSEY GRAHAM, South Carolina
ROLAND W. BURRIS, Illinois
EDWARD E. KAUFMAN, Delaware

                  Michael L. Alexander, Staff Director
                     Kevin J. Landy, Chief Counsel
             Elyse F. Greenwald, Professional Staff Member
     Brandon L. Milhorn, Minority Staff Director and Chief Counsel
        Amanda Wood, Minority Director for Governmental Affairs
                  Trina Driessnack Tyrer, Chief Clerk

                                                       Calendar No. 582
111th Congress
                                 SENATE
                                                                 Report
 2d Session                                                     111-300

======================================================================

                KINGMAN AND HERITAGE ISLANDS ACT OF 2009

                                _______
                                

               September 22, 2010.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 2092]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 2092) to amend 
the National Children's Island Act of 1995 to expand allowable 
uses for Kingman and Heritage Islands by the District of 
Columbia, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need..............................................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    In 1997, the federal government transferred to the District 
of Columbia title to much of two islands located in the 
Anacostia River. The law directing the title transfer required 
the District to use the land for a children's recreational 
park. Over the past decade, the District has reconsidered its 
plans for the islands and would like to make them available for 
broader recreational, environmental and educational uses than 
initially contemplated. H.R. 2092 would amend the existing law 
directing the title transfer to permit these expanded uses.

                II. Background and Need for Legislation

    The U.S. Army Corps of Engineers created Kingman and 
Heritage Islands from sediment dredged from the Anacostia 
River. Until the enactment in 1996 of the National Children's 
Island Act (the Act), the National Park Service (NPS), part of 
the Department of the Interior, held administrative 
jurisdiction on both islands. The Act required the federal 
government to transfer title of Heritage Island and portions of 
Kingman Island (the Islands) to the District of Columbia for 
use as a children's recreational park. It also mandated that 
title to the Islands would revert back to the federal 
government if the District did not use the land in a manner 
consistent with the purposes specified in the Act. The 
Secretary of the Interior transferred title of the Islands to 
the District via quitclaim deed in January 1997.
    D.C. has not developed a children's recreational park on 
the Islands, and since that time, it has re-evaluated its needs 
and interests and no longer seeks to use the Islands for that 
purpose. In 2003, in accordance with a memorandum of 
understanding between D.C. and several federal agencies, 
including the NPS, the District developed the Anacostia 
Waterfront Framework Plan (Waterfront Plan) to redevelop and 
revitalize the Anacostia waterfront. The Waterfront Plan 
envisions using the islands for nature-themed exhibitions and 
educational projects. The District also has developed a 
Comprehensive Plan to serve as a general policy document to 
provide overall guidance for future planning and development in 
D.C.\1\
---------------------------------------------------------------------------
    \1\Information on the Comprehensive Plan can be found here: http://
www.planning.dc.gov/planning/cwp/
view,a,1282,q,607547,planningNav,|32341|.asp. Information on the 
Waterfront Plan can be found here: http://www.planning.dc.gov/planning/
cwp/view,a,1285,q, 582193,planningNav_GID,1708.asp.
---------------------------------------------------------------------------
    Recently, the District has taken steps toward implementing 
the Waterfront Plan. In the summer of 2007, the Anacostia 
Waterfront Corporation,\2\ partnered with a number of other 
organizations to begin using the Islands to host environmental 
programs and cleanup. Since May 2008, Living Classrooms, a non-
profit educational organization with a focus on experiential 
learning, has been managing the islands and running programs 
there, including educational programming and volunteer events 
aimed at restoring the Islands.
---------------------------------------------------------------------------
    \2\The Anacostia Waterfront Corporation was a government-sponsored 
enterprise of D.C. intended to lead the revitalization of lands along 
the Anacostia River. In 2007, it was dissolved and folded into the 
District's Office of the Deputy Mayor for Planning and Economic 
Development.
---------------------------------------------------------------------------
    To ensure that the activities it has authorized do not 
raise any questions about its title to the Islands,\3\ the 
District has asked Congress to amend the Act to sanction the 
broader work now occurring on the Islands. H.R. 2092 would do 
just that, by amending the National Children's Island Act in 
order to allow the District to conduct recreational, 
environmental and educational activities on the Islands, 
consistent with the Waterfront Plan and the District's 
Comprehensive Plan.
---------------------------------------------------------------------------
    \3\In 2000, the Secretary of the Interior wrote the District a 
letter stating that the District had fully lived up to the letter and 
spirit of the Act and that D.C. should retain title to the Islands. All 
parties agree, however, that amending the law to make clear the 
permissibility of the current uses and other currently contemplated 
uses would be the best course.
---------------------------------------------------------------------------
    In considering the bill, the Committee adopted one 
amendment to the House-passed language. As passed by the House, 
the bill would end the federal government's reversionary 
interest 30 years after enactment. The Committee's amendment 
instead would retain the reversionary interest for the federal 
government in perpetuity. The Committee's amendment also 
clarified that if any portion of the land was used for an 
activity that was not recreational, environmental or 
educational, the reversionary process could begin.

                        III. Legislative History

    H.R. 2092 was introduced by D.C. Delegate Eleanor Holmes 
Norton on April 23, 2009, and was referred to the House 
Committee on Oversight and Government Reform. That Committee 
considered the legislation on September 10, 2009, and adopted 
an amendment to limit the federal government's reversionary 
interest in the Islands to 30 years after enactment. The House 
Committee then adopted H.R. 2092, as amended by voice vote. On 
October 7, 2009, H.R. 2092 passed the House of Representatives 
under suspension of the rules.
    On October 8, 2009, H.R. 2092 was referred to the Senate 
Homeland Security and Governmental Affairs Committee. The 
Committee considered the bill on May 17, 2010, and adopted one 
amendment by voice vote. The amendment, which was offered by 
Senators Daniel Akaka and George Voinovich, struck the 
provision limiting the federal government's reversionary 
interest to 30 years and clarified that if any portion of the 
land was used for an activity that was not recreational, 
environmental or educational, the reversionary process could 
begin.
    The Committee then ordered the bill, as amended, favorably 
reported to the full Senate by voice vote. The Senators present 
for both voice votes were Senators Lieberman, Akaka, Carper, 
Pryor, Landrieu, Burris, Collins, Brown, Voinovich, and Graham.

                    IV. Section-by-Section Analysis

Sec. 1. Short title

    The short title of the bill is the Kingman and Heritage 
Islands Act of 2009.

Sec. 2. Amendments to National Children's Island Act of 1995

    Subsection (a) of Section 2 would amend the National 
Children's Island Act (``the Act'') by creating a new section, 
which would state that it is not a violation of the Act for the 
District to use the lands conveyed and the easements granted 
under the Act for recreational, environmental, or educational 
purposes in accordance with the Anacostia Waterfront Framework 
Plan and the Comprehensive Plan. Subsection (a) also defines 
the Anacostia Waterfront Framework Plan and the Comprehensive 
Plan.
    Subsection (b) of Section 2 would modify section 3(d) of 
the Act by striking paragraph 1 and inserting language which 
states that the Islands shall revert back to the federal 
government if the Secretary determines that D.C. is using any 
portion of the Islands for any purpose that is not 
recreational, environmental or educational and in accordance 
with the National Children's Island, the Anacostia Waterfront 
Framework Plan or the Comprehensive Plan. The reversion will 
take place 60 days after the Secretary of the Interior gives 
written notice to the District of such a finding. This 
provision would maintain the federal government's reversionary 
interest without an end date.

                  VI. Evaluation of Regulatory Impact

    Pursuant to the requirement of paragraph 11(b)(1) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and has 
determined that the bill would have no regulatory impact. 
Moreover, CBO states that the bill contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.

                   VII. Estimated Cost of Legislation

                                                      May 24, 2010.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2092, the Kingman 
and Heritage Islands Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2092--Kingman and Heritage Islands Act of 2009

    H.R. 2092 would amend the National Children's Island Act of 
1995 to clarify that the District of Columbia may use two 
islands located in the Anacostia River for recreational, 
environmental, or educational purposes. (The islands were 
conveyed by the Department of the Interior to the District in 
1997 for recreational uses.) The legislation also would amend 
the terms of the department's reversionary interest in the 
properties, which governs the circumstances under which title 
to the property could revert to the federal government.
    Based on information provided by the National Park Service, 
CBO estimates that enacting H.R. 2092 would have no impact on 
the federal budget. Enacting the legislation would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 2092 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On September 15, 2009, CBO transmitted a cost estimate for 
H.R. 2092, as ordered reported by the House Committee on 
Oversight and Government Reform on September 10, 2009. The two 
versions of the legislation are similar, and the estimated 
costs are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the following changes in existing 
law made by the bill, as reported, are shown as follows: 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                       DISTRICT OF COLUMBIA CODE

         TITLE 10--PARKS, PUBLIC BUILDINGS, GROUNDS, AND SPACE

                     Subtitle IV--Specific Locales

                 CHAPTER 14--NATIONAL CHILDREN'S ISLAND

                         Subchapter I--General

SEC. 10-1402. PROPERTY TRANSFER

    (a) *  *  *

           *       *       *       *       *       *       *

    (d) Reversion.--
          (1) [The transfer under subsection (a) of this 
        section and the grant of easements under subsection (b) 
        of this section shall be subject to the condition that 
        the Islands only be used for the purposes of National 
        Children's Island. Title in the property transferred 
        under subsection (a) of this section and the easements 
        granted under subsection (b) of this section, shall 
        revert to the United States 60 days after the date on 
        which the Secretary provides written notice of the 
        reversion to the District based on the Secretary's 
        determination, which shall be made in accordance with 
        chapter 5 of title 5, United States Code (relating to 
        the administrative procedures), that one of the 
        following has occurred:
                  [(A) Failure to commence improvements in the 
                recreational park within the earlier of--
                          [(i) Three years after building 
                        permits are obtained for construction 
                        of such improvements; or
                          [(ii) Four years after title has been 
                        transferred, as provided in subsection 
                        (a) of this section.
                  [(B) Failure to commence operation of the 
                recreation park within the earlier of--
                          [(i) Five years after building 
                        permits are obtained for construction 
                        of such improvements; or
                          [(ii) Seven years after title has 
                        been transferred, as provided in 
                        subsection (a) of this section.
                  [(C) After completion of construction and 
                commencement of operation, the abandonment or 
                nonuse of the recreation park for a period of 2 
                years.
                  [(D) After completion of construction and 
                commencement of operation, conversion of the 
                Islands to a use other than that specified in 
                this subchapter or conversion to a parking use 
                not in accordance with section 10-1403(b).] 
                Title in the property transferred under 
                subsection (a) and the easements granted under 
                subsection (b) shall revert to the United 
                States upon the expiration of the 60-day period 
                which begins on the date on which the Secretary 
                provides written notice to the District that 
                the Secretary has determined that the District 
                is using any portion of the property for a use 
                other than recreational, environmental, or 
                education purposes in accordance with National 
                Children's Island, the Anacostia Waterfront 
                Framework Plan, or the Comprehensive Plan. Such 
                notice shall be made in accordance with chapter 
                5 of title 5, United States Code (relating to 
                administrative procedures).

           *       *       *       *       *       *       *

SEC. 10-1406. COMPREHENSIVE AND ANACOSTIA WATERFRONT FRAMEWORK PLANS.

    (a) Compliance With Plans.--Notwithstanding any other 
provision of this Act, it is not a violation of the terms and 
conditions of this Act for the District of Columbia to use the 
lands conveyed and the easements granted under this Act for 
recreational, environmental, or educational purposes in 
accordance with the Anacostia Waterfront Framework Plan and the 
Comprehensive Plan.
    (b) Definitions.--For the purposes of this section, the 
following definitions apply:
          (1) Anacostia waterfront framework plan.--The term 
        ``Anacostia Waterfront Framework Plan'' means the 
        November 2003 Anacostia Waterfront Framework Plan to 
        redevelop and revitalize the Anacostia waterfront in 
        the District of Columbia, as may be amended from time 
        to time, developed pursuant to a memorandum of 
        understanding dated March 22, 2000, between the General 
        Services Administration, Government of the District of 
        Columbia, Office of Management and Budget, Naval 
        District Washington, Military District Washington, 
        Marine Barracks Washington, National Park Service, Army 
        Corps of Engineers, Environmental Protection Agency, 
        Washington Metropolitan Area Transit Authority, 
        National Capital Planning Commission, National 
        Arboretum, and Small Business Administration.
          (2) Comprehensive plan.--The term ``Comprehensive 
        Plan'' means the Comprehensive Plan of the District of 
        Columbia approved by the Council of the District of 
        Columbia on December 28, 2006, as such plan may be 
        amended or superseded from time to time.

                                  
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