I

104TH CONGRESS

1ST SESSION H. R. 1508

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.

IN THE HOUSE OF REPRESENTATIVES

APRIL 7, 1995

Ms. NORTON introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Government Reform and Oversight, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned.

A BILL

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’’.
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1 SEC. 2. DEFINITIONS.

2 For the purposes of this Act, the following terms shall

3 have the following meanings:

4 (1) ‘‘District’’ shall mean the District of Co5 lumbia.

6 (2) The ‘‘Islands’’ shall mean 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 (as de12 fined in paragraph (5) hereof).

13 (3) ‘‘National Children’s Island’’ shall refer to

14 a proposed cultural, educational, and family-oriented

15 recreation park, together with a children’s play16 ground available to the public free of charge.

17 (4) The ‘‘Secretary’’ shall mean the Secretary

18 of the Department of the Interior.

19 (5) The ‘‘Survey’’ shall refer to the ALTA/

20 ACSM Land Title Survey prepared by Dewberry &

21 Davis and dated February 12, 1994.

22 SEC. 3. PURPOSE.

23 The purpose of this Act is to transfer fee simple title

24 to the Islands to the District to facilitate the construction,

25 development, and operation of National Children’s Island.
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1 SEC. 4. PROPERTY TRANSFER.

2 (a) TRANSFER OF TITLE.—The Secretary shall, in

3 the name and on behalf of the United States of America,

4 no later than 30 days after the date of enactment of this

5 Act, transfer to the District, without compensation, all

6 right, title, and interest of the United States in and to

7 the Islands, together with all and singular the improve8 ments, ways, easements, rights, privileges, hereditaments,

9 and appurtenances belonging thereto, or in any way apper10 taining thereto, and all the estate, right, title, interest, and

11 claim, either to or out of the Islands and premises.

12 (b) GRANT OF EASEMENTS.—The Secretary shall, in

13 the name and on behalf of the United States of America,

14 within 30 days after the date of enactment of this Act,

15 grant to the District, without compensation, permanent

16 easements, which shall be for the use of the District and

17 any lessees, sublessees, and/or operator of the Island and

18 their respective sublessees, licensees, and invitees, and

19 which shall be assignable by the District to any lessee,

20 sublessee, and/or operator of the Islands, across the water21 ways and bed of the Anacostia River as described in the

22 Survey as Leased Riverbed Areas A, B, C, and D, and

23 across the shoreline of the Anacostia River as depicted on

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

25 the District as S.O. 92–252 for the purposes of—
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1 (1) constructing, reconstructing, maintaining,

2 operating, and otherwise using such bridges, roads,

3 and other improvements necessary or desirable for

4 vehicular and pedestrian egress and ingress to and

5 from the Islands;

6 (2) installing, reinstalling, maintaining, and op7 erating utilities (including, without limitation, all

8 necessary electricity, water, sewer, gas, refuse dis9 posal, and other similar services) and other facilities

10 necessary or desirable for the construction, recon11 struction, maintenance, and operation of the Islands

12 and any and all improvements located thereon from

13 time to time; and

14 (3) constructing, reconstructing, maintaining,

15 operating, and otherwise providing visitor support

16 services, rest areas, restrooms, shopping, and infor17 mational kiosks and the like for the Islands.

18 SEC. 5. EFFECT OF PROPERTY TRANSFER.

19 Upon the transfer of the Islands to the District pur20 suant to this Act:

21 (1) The Transfer of Jurisdiction concerning the

22 Islands from the National Park Service to the Dis23 trict dated February 1993, as depicted on the plat

24 map recorded in the Office of the Surveyor of the

25 District as S.O. 92–252 and as approved by the
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1 Council of the District by Resolution 10–91, shall

2 become null and void and of no further force and ef3 fect.

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

5 be part of Anacostia Park and shall not be consid6 ered to be within the park system of the District;

7 therefore, the provisions of District of Columbia

8 Code section 8–104 shall not apply to the Islands,

9 and the District shall have exclusive charge and con10 trol over the Islands and easements transferred.

11 (3) The Islands shall cease to be property ‘‘of

12 the United States’’ for the purposes of title 40, sec13 tion 68 of the United States Code and of District of

14 Columbia Code, section 8–128.

15 (4) The Islands shall not be burdened by the

16 navigational servitude, to the extent that such navi17 gational servitude would otherwise apply.

18 (5) All existing permits, licenses, and other en19 cumbrances that may burden the Islands prior to

20 the transfer of title required by this Act shall be ex21 tinguished.

22 SEC. 6. MISCELLANEOUS.

23 Notwithstanding any other provision of law, the Dis24 trict is hereby authorized to grant to a nongovernmental

25 individual or entity an easement, license, sublease, or
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1 other right to use the lands currently being leased by the

2 United States to the District pursuant to the District of

3 Columbia Stadium Act of 1957 (Public Law 85–300, Sep4 tember 7, 1957, 71 Stat. 619) for parking and other pur5 poses as the Mayor of the District in his discretion may

6 determine necessary or appropriate in connection with or

7 in support of National Children’s Island.

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