II 

Calendar No. 581 

109TH CONGRESS 

2D SESSION S. 1838 

To provide for the sale, acquisition, conveyance, and exchange of certain 

real property in the District of Columbia to facilitate the utilization, 

development, and redevelopment of such property, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2005 

Mr. VOINOVICH (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

AUGUST 3, 2006 

Reported by Ms. COLLINS, with amendments 

A BILL 

To provide for the sale, acquisition, conveyance, and exchange of certain real property in the District of Columbia to facilitate the utilization, development, and redevelopment of such property, and for other purposes. 

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 ‘‘Federal and District 

5 of Columbia Government Real Property Act of 2005’’. 


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1 SEC. 2. CONGRESSIONAL REPORTS AND REVERSION. 

2 (a) DISTRICT OF COLUMBIA.—Not later than January 

3 31 of each year, the Mayor of the District of Columbia shall 

4 report to the Committee on Homeland Security and Gov5 ernmental Affairs of the Senate and the Committee on Gov6 ernment Reform, the Committee on Energy and Commerce, 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives on the use and development 

9 during the previous year of land transferred pursuant to 

10 this Act. 

11 (b) GOVERNMENT ACCOUNTABILITY OFFICE.—Not 

12 later than January 31 of each even numbered year, the Gov13 ernment Accountability Office shall report to the Committee 

14 on Homeland Security and Governmental Affairs of the 

15 Senate and the Committee on Government Reform, the 

16 Committee on Energy and Commerce, and the Committee 

17 on Transportation and Infrastructure of the House of Rep18 resentatives on— 

19 (1) the use and development during the previous 

20 2 years of land transferred pursuant to this Act; and 

21 (2) how such use and development complies with 

22 the Anacostia Waterfront Initiative Framework Plan. 

23 (c) SUNSET.—This section shall expire 10 years after 

24 the date of enactment of this Act. 


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1 TITLE I—REAL PROPERTY CON2 VEYANCES BETWEEN THE 

3 GENERAL SERVICES ADMINIS4 TRATION AND THE DISTRICT 

5 OF COLUMBIA 

6 SEC. 101. EXCHANGE OF TITLE OVER RESERVATION 13 AND 

7 CERTAIN OTHER PROPERTIES. 

8 (a) CONVEYANCE OF PROPERTIES.— 

9 (1) IN GENERAL.—On the date on which the 

10 District of Columbia conveys to the Administrator of 

11 General Services all right, title, and interest of the 

12 District of Columbia in the property described in 

13 subsection (c), the Administrator shall convey to the 

14 District of Columbia all right, title, and interest of 

15 the United States in— 

16 (A) U.S. Reservation 13, subject to the 

17 conditions described in subsection (b); and 

18 (B) Old Naval Hospital. 

19 (2) PROPERTIES DEFINED.—In this section— 

20 (A) the term ‘‘U.S. Reservation 13’’ means 

21 that parcel of land in the District of Columbia 

22 consisting of the approximately 66 acres which 

23 is bounded on the north by Independence Ave24 nue Southeast, on the west by 19th Street 

25 Southeast, on the south by G Street Southeast, 


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1 and on the east by United States Reservation 

2 343, and being the same land described in the 

3 Federal transfer letter of October 25, 2002, 

4 from the United States to the District of Co5 lumbia, and subject to existing matters of 

6 record; and 

7 (B) the term ‘‘Old Naval Hospital’’ means 

8 the property in the District of Columbia con9 sisting of Square 948 in its entirety, together 

10 with all the improvements thereon. 

11 (b) CONDITIONS FOR CONVEYANCE OF RESERVATION

12 13.—As a condition for the conveyance of U.S. Reserva13 tion 13 to the District of Columbia under this section, the 

14 District of Columbia shall agree— 

15 (1) to set aside a portion of the property for the 

16 extension of Massachusetts Avenue Southeast and 

17 the placement of a potential commemorative work to 

18 be established pursuant to chapter 89 of title 40, 

19 United States Code, at the terminus of Massachu20 setts Avenue Southeast (as so extended) at the Ana21 costia River; 

22 (2) to convey all right, title, and interest of the 

23 District of Columbia in the portion set aside under 

24 paragraph (1) to the Secretary of the Interior (act25 ing through the Director of the National Park ServVerDate Aug 31 2005 23:08 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1838.RS S1838

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1 ice) at such time as the Secretary may require, if a 

2 commemorative work is established in the manner 

3 described in paragraph (1); and 

4 (3) to permit the Court Services and Offender 

5 Supervision Agency for the District of Columbia to 

6 continue to occupy a portion of the property con7 sistent with the requirements of the District of Co8 lumbia Appropriations Act, 2002 (Public Law 107– 

9 96; 115 Stat. 931); and 

10 (4) to develop the property consistent with the 

11 Anacostia Waterfront Corporation’s Master Plan for 

12 Reservation 13 (also known as the Hill East Water13 front). 

14 (c) DISTRICT OF COLUMBIA PROPERTY TO BE CON15 VEYED TO THE ADMINISTRATOR.—The property described 

16 in this subsection is the real property consisting of Build17 ing Nos. 16, 37, 38, 118, and 118–A and related improve18 ments, together with the real property underlying those 

19 buildings and improvements, on the West Campus of Saint 

20 Elizabeths Hospital, as described in the quitclaim deed of 

21 September 30, 1987, by and between the United States 

22 and the District of Columbia and recorded in the Office 

23 of the Recorder of Deeds of the District of Columbia on 

24 October 7, 1987. 


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1 (d) LIMITATION ON ENVIRONMENTAL LIABILITY.— 

2 Notwithstanding any other provision of law— 

3 (1) the District of Columbia shall not be re4 sponsible for any environmental liability, response 

5 action, remediation, corrective action, damages, 

6 costs, or expenses associated with the property for 

7 which title is conveyed to the Administrator of Gen8 eral Services under this section; and 

9 (2) all environmental liability, responsibility, re10 mediation, damages, costs, and expenses as required 

11 by applicable Federal, State and local law, including 

12 the Comprehensive Environmental Response, Com13 pensation and Liability Act (42 U.S.C. 9601 et 

14 seq.), the Federal Water Pollution Control Act 

15 (known as Clean Water Act) (33 U.S.C. 1251 et 

16 seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), 

17 the Solid Waste Disposal Act (42 U.S.C. 6901 et 

18 seq.), the Rivers and Harbors Act (33 U.S.C. 540 

19 et seq.), the Toxic Substances Control Act (15 

20 U.S.C. 2601, et seq.), and the Oil Pollution Act (33 

21 U.S.C. 2701 et seq.) for such property shall be 

22 borne by the United States, which shall conduct all 

23 environmental activity with respect to such prop24 erties, and bear any and all costs and expenses of 

25 any such activity. 


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1 SEC. 102. TERMINATION OF CLAIMS. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, the United States is not required to perform, 

4 or to reimburse the District of Columbia for the cost of 

5 performing, any of the following services: 

6 (1) Repairs or renovations pursuant to section 

7 4(f) of the Saint Elizabeths Hospital and District of 

8 Columbia Mental Health Services Act (24 U.S.C. 

9 225b(f); sec. 44–903(f), D.C. Official Code). 

10 (2) Preservation, maintenance, or repairs pur11 suant to a use permit executed on September 30, 

12 1987, under which the United States (acting 

13 through the Secretary of Health and Human Serv14 ices) granted permission to the District of Columbia 

15 to use and occupy portions of the Saint Elizabeths 

16 Hospital property known as the ‘‘West Campus’’. 

17 (3) Mental health diagnostic and treatment 

18 services for referrals as described in section 9(b) of 

19 the Saint Elizabeths Hospital and District of Colum20 bia Mental Health Services Act (24 U.S.C. 225g(b); 

21 sec. 44–908(b), D.C. Official Code), but only with 

22 respect to services provided on or before the date of 

23 the enactment of this Act. 

24 (b) EFFECT ON PENDING CLAIMS.—Any claim of the 

25 District of Columbia against the United States for the fail26 ure to perform, or to reimburse the District of Columbia 


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1 for the cost of performing, any service described in sub2 section (a) which is pending as of the date of the enact3 ment of this Act shall be extinguished and terminated. 

4 TITLE II—STREAMLINING MAN5 AGEMENT OF PROPERTIES 

6 LOCATED IN THE DISTRICT 

7 OF COLUMBIA 

8 SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION 

9 OVER CERTAIN PROPERTIES. 

10 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION

11 FROM DISTRICT OF COLUMBIA TO UNITED STATES.— 

12 (1) IN GENERAL.—Administrative jurisdiction 

13 over each of the following properties (owned by the 

14 United States and as depicted on the Map) is hereby 

15 transferred, subject to the terms in this subsection, 

16 from the District of Columbia to the Secretary of 

17 the Interior for administration by the Director: 

18 (A) An unimproved portion of Audubon 

19 Terrace Northwest, located east of Linnean Av20 enue Northwest, that is within U.S. Reservation 

21 402 (National Park Service property). 

22 (B) An unimproved portion of Barnaby 

23 Street Northwest, north of Aberfoyle Place 

24 Northwest, that abuts U.S. Reservation 545 

25 (National Park Service property). 


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1 (C) A portion of Canal Street Southwest, 

2 and a portion of V Street Southwest, each of 

3 which abuts U.S. Reservation 467 (National 

4 Park Service property). 

5 (D) Unimproved streets and alleys at Fort 

6 Circle Park located within the boundaries of 

7 U.S. Reservation 497 (National Park Service 

8 property). 

9 (E) An unimproved portion of Western Av10 enue Northwest, north of Oregon Avenue 

11 Northwest, that abuts U.S. Reservation 339 

12 (National Park Service property). 

13 (F) An unimproved portion of 17th Street 

14 Northwest, south of Shepherd Street North15 west, that abuts U.S. Reservation 339 (Na16 tional Park Service property). 

17 (G) An unimproved portion of 30th Street 

18 Northwest, north of Broad Branch Road North19 west, that is within the boundaries of U.S. Res20 ervation 515 (National Park Service property). 

21 (H) Subject to paragraph (2), lands over 

22 I–395 at Washington Avenue Southwest bor23 dered by Washington Street Southwest, 2nd 

24 Street Southwest, and the C Street Southwest 

25 ramps to I–295. 


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1 (I) A portion of U.S. Reservation 357 at 

2 Whitehaven Parkway Northwest, previously 

3 transferred to the District of Columbia in con4 junction with the former proposal for a resi5 dence for the Mayor of the District of Colum6 bia. 

7 (2) USE OF CERTAIN PROPERTY FOR MEMO8 RIAL.—In the case of the property for which admin9 istrative jurisdiction is transferred under paragraph 

10 (1)(H), the property shall be used as the site for the 

11 establishment of a memorial to honor disabled vet12 erans of the United States Armed Forces authorized 

13 to be established by the Disabled Veterans’ LIFE 

14 Memorial Foundation by Public Law 106–348 (114 

15 Stat. 1358; 40 U.S.C. 8903 note), except that the 

16 District of Columbia shall retain administrative ju17 risdiction over the subsurface area beneath the site 

18 for the tunnel, walls, footings, and related facilities 

19 Stat. 1358; 40 U.S.C. 8903 note), except that— 

20 (A) the District of Columbia shall retain 

21 administrative jurisdiction over the subsurface 

22 area beneath the site for the tunnel, walls, foot23 ings, and related facilities; 

24 (B) C Street Southwest between 2nd Street 

25 Southwest and Washington Street Southwest 


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1 shall not be constructed without the approval of 

2 the Architect of the Capitol; and 

3 (C) a walkway shall be included across the 

4 memorial site between 2nd Street Southwest and 

5 Washington Street Southwest. 

6 (3) ADDITIONAL TRANSFER.—Administrative ju7 risdiction over the parcel bordered by 2nd Street 

8 Southwest, the C Street Southwest ramp to I–295, the 

9 D Street Southwest ramp to I–395, and I–295 is 

10 transferred as follows: 

11 (A) The northernmost 0.249 acres are trans12 ferred to the Secretary of Interior who shall, sub13 ject to the approval of the Architect of the Cap14 itol, landscape the property or use it for special 

15 needs parking for the memorial. 

16 (B) The southernmost 0.457 acres are trans17 ferred to the Architect of the Capitol. 

18 The District of Columbia shall retain administrative 

19 jurisdiction over the subsurface area beneath the sites 

20 described in subparagraphs (A) and (B) for the tun21 nel, walls, footings, and related facilities. 

22 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION

23 FROM UNITED STATES TO DISTRICT OF COLUMBIA.—Ad24 ministrative jurisdiction over the following property owned 

25 by the United States and depicted on the Map is hereby 


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1 transferred from the Secretary to the District of Columbia 

2 for administration by the District of Columbia: 

3 (1) A portion of U.S. Reservation 451. 

4 (2) A portion of U.S. Reservation 404. 

5 (3) U.S. Reservations 44, 45, 46, 47, 48, and 

6 49. 

7 (4) U.S. Reservation 251. 

8 (5) U.S. Reservation 8. 

9 (6) U.S. Reservations 277A and 277C. 

10 (7) Portions of U.S. Reservation 470. 

11 (c) EFFECTIVE DATE.—The transfers of administra12 tive jurisdiction under this section shall take effect on the 

13 date of the enactment of this Act. 

14 SEC. 202. EXCHANGE OF TITLE OVER CERTAIN PROP15 ERTIES. 

16 (a) CONVEYANCE OF TITLE.— 

17 (1) IN GENERAL.—On the date on which the 

18 District of Columbia conveys to the Secretary all 

19 right, title, and interest of the District of Columbia 

20 in each of the properties described in subsection (b) 

21 for use as described in such subsection, the Sec22 retary shall convey to the District of Columbia all 

23 right, title, and interest of the United States in each 

24 of the properties described in subsection (c). 


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1 (2) ADMINISTRATION BY NATIONAL PARK SERV2 ICE.—The properties conveyed by the District of Co3 lumbia to the Secretary under this section shall be 

4 administered by the Director upon conveyance. 

5 (b) PROPERTIES TO BE CONVEYED TO THE SEC6 RETARY; USE.—The properties described in this sub7 section and their uses are as follows (as depicted on the 

8 Map): 

9 (1) Lovers Lane Northwest, abutting U.S. Res10 ervation 324, for the closure of a one-block long 

11 roadway adjacent to Montrose Park. 

12 (2) Needwood, Niagara, and Pitt Streets North13 west, within the Chesapeake and Ohio Canal Na14 tional Historical Park, for the closing of the rights15 of-way now occupied by the Chesapeake and Ohio 

16 Canal. 

17 (c) PROPERTIES TO BE CONVEYED TO THE DISTRICT

18 OF COLUMBIA.—The properties described in this sub19 section are as follows (as depicted on the Map): 

20 (1) U.S. Reservation 17A. 

21 (2) U.S. Reservation 484. 

22 (3) U.S. Reservations 243, 244, 245, and 247 

23 247, and 248. 

24 (4) U.S. Reservations 128, 129, 130, 298, and 

25 299. 


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1 (5) Portions of U.S. Reservations 343D and 

2 343E. 

3 (6) U.S. Reservations 721, 722, and 723. 

4 SEC. 203. CONVEYANCE OF UNITED STATES RESERVATION 

5 174. 

6 (a) CONVEYANCE; USE.—If the District of Columbia 

7 enacts a final plan for the development of the former Con8 vention Center Site which meets the requirements of sub9 section (b)— 

10 (1) the Secretary shall convey all right, title, 

11 and interest of the United States in U.S. Reserva12 tion 174 (as depicted on the Map) to the District of 

13 Columbia upon the enactment of such plan; and 

14 (2) the District shall use the property so con15 veyed in accordance with such plan. 

16 (b) REQUIREMENTS FOR DEVELOPMENT PLAN.— 

17 The plan for the development of the former Convention 

18 Center Site meets the requirements of this subsection if— 

19 (1) the plan is developed through a public proc20 ess; 

21 (2) during the process for the development of 

22 the plan, the District of Columbia considers at least 

23 one version of the plan under which the entire por24 tion of U.S. Reservation 174 which is set aside as 

25 U.S. Reservation 174 is set aside as public open 


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1 space as of the date of the enactment of this Act 

2 shall continue to be set aside as open space (includ3 ing a version under which facilities are built under 

4 the surface of such portion); and 

(3) not less than 11 5 ⁄4 acres of the former Con6 vention Center Site are set aside for public open 

7 space under the plan. 

8 (c) FORMER CONVENTION CENTER SITE DE9 FINED.—In this section, the ‘‘former Convention Center 

10 Site’’ means the parcel of land in the District of Columbia 

11 which is bounded on the east by 9th Street Northwest, 

12 on the north by New York Avenue Northwest, on the west 

13 by 11th Street Northwest, and on the south by H Street 

14 Northwest. 

15 SEC. 204. CONVEYANCE OF PORTION OF RFK STADIUM SITE 

16 FOR EDUCATIONAL PURPOSES. 

17 Section 7 of the District of Columbia Stadium Act 

18 of 1957 (sec. 3–326, D.C. Official Code) is amended by 

19 adding at the end the following new subsection: 

20 ‘‘(e)(1) Upon receipt of a written description from the 

21 District of Columbia of a parcel of land consisting of not 

22 more than 15 contiguous acres (hereafter in this sub23 section referred to as ‘the described parcel’), with the long24 est side of the described parcel abutting one of the roads 

25 bounding the property, within the area designated ‘D’ on 


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1 the revised map entitled ‘Map to Designate Transfer of 

2 Stadium and Lease of Parking Lots to the District’ and 

3 bound by Oklahoma Avenue Northeast, Benning Road 

4 Northeast, the Metro line, and Constitution Avenue 

5 Northeast, and a long-term lease executed by the District 

6 of Columbia that is contingent upon the Secretary’s con7 veyance of the described parcel and for the purpose con8 sistent with this paragraph, the Secretary shall convey all 

9 right, title, and interest in the described parcel to the Dis10 trict of Columbia for the purpose of siting, developing, and 

11 operating an educational institution for the public welfare, 

12 with first preference given to a pre-collegiate public board13 ing school. 

14 ‘‘(2) Upon conveyance under paragraph (1), the por15 tion of the stadium lease that affects the described parcel 

16 and all the conditions associated therewith shall terminate, 

17 the described parcel shall be removed from the ‘Map to 

18 Designate Transfer of Stadium and Lease of Parking Lots 

19 to the District’, and the long-term lease described in para20 graph (1) shall take effect immediately.’’. 

21 TITLE III—POPLAR POINT 

22 SEC. 301. CONVEYANCE OF POPLAR POINT TO DISTRICT OF 

23 COLUMBIA. 

24 (a) CONVEYANCE.—Upon certification by the Sec25 retary of the Interior (acting through the Director) that 


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1 the District of Columbia has adopted a land-use plan for 

2 Poplar Point which meets the requirements of section 302, 

3 the Director shall convey to the District of Columbia all 

4 right, title, and interest of the United States in Poplar 

5 Point, in accordance with this title. 

6 (b) WITHHOLDING OF EXISTING FACILITIES AND

7 PROPERTIES OF NATIONAL PARK SERVICE FROM INITIAL

8 CONVEYANCE.—The Director shall withhold from the con9 veyance made under subsection (a) the facilities and re10 lated property (including necessary easements and utilities 

11 related thereto) which are occupied or otherwise used by 

12 the National Park Service in Poplar Point prior to the 

13 adoption of the land-use plan referred to in subsection (a), 

14 as identified in such land-use plan in accordance with sec15 tion 302(c). until such terms for conveyance are met under 

16 section 303. 

17 (c) DEED RESTRICTION FOR PARK PURPOSES.—The 

18 deed for the conveyance of Poplar Point provided for in sub19 section (a) shall include a restriction requiring that 70 

20 acres be maintained for park purposes in perpetuity, as 

21 identified in the land use plan required under section 302. 

22 Any person (including an individual or public entity) shall 

23 have standing to enforce the requirement. 


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1 SEC. 302. REQUIREMENTS FOR POPLAR POINT LAND-USE 

2 PLAN. 

3 (a) IN GENERAL.—The land-use plan for Poplar 

4 Point meets the requirements of this section if the plan 

5 includes each of the following elements: 

6 (1) The plan provides for the reservation of a 

7 portion of Poplar Point for park purposes, in accord8 ance with subsection (b). 

9 (2) The plan provides for the identification of 

10 existing facilities and related properties of the Na11 tional Park Service, and the relocation of the Na12 tional Park Service to replacement facilities and re13 lated properties, in accordance with subsection (c). 

14 (3) Under the plan, at least two sites within the 

15 areas designated for park purposes are set aside for 

16 the placement of potential commemorative works to 

17 be established pursuant to chapter 89 of title 40, 

18 United States Code, and the plan includes a commit19 ment by the District of Columbia to convey back 

20 those sites to the National Park Service at the ap21 propriate time, as determined by the Secretary. 

22 (4) To the greatest extent practicable, the plan 

23 is consistent with the Anacostia Waterfront Frame24 work Plan referred to in section 103 of the Ana25 costia Waterfront Corporation Act of 2004 (sec. 2– 

26 1223.03, D.C. Official Code). 


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1 (b) RESERVATION OF AREAS FOR PARK PUR2 POSES.—The plan shall identify a portion of Poplar Point 

3 consisting of not fewer than 70 acres (including wetlands) 

4 which shall be reserved for park purposes and shall require 

5 such portion to be reserved for such purposes in per6 petuity, and shall provide that any person (including an 

7 individual or a public entity) shall have standing to enforce 

8 the requirement. . 

9 (c) IDENTIFICATION OF EXISTING AND REPLACE10 MENT FACILITIES AND PROPERTIES FOR NATIONAL PARK

11 SERVICE.— 

12 (1) IDENTIFICATION OF EXISTING FACILI13 TIES.—The plan shall identify the facilities and re14 lated property (including necessary easements and 

15 utilities related thereto) which are occupied or other16 wise used by the National Park Service in Poplar 

17 Point prior to the adoption of the plan. 

18 (2) RELOCATION TO REPLACEMENT FACILI19 TIES.— 

20 (A) IN GENERAL.—To the extent that the 

21 District of Columbia and the Director deter22 mine jointly that it is no longer appropriate for 

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1 erty identified under paragraph (1), the plan 

2 shall— 

3 (i) identify other suitable facilities and 

4 related property (including necessary ease5 ments and utilities related thereto) in the 

6 District of Columbia to which the National 

7 Park Service may be relocated; 

8 (ii) provide that the District of Co9 lumbia shall take such actions as may be 

10 required to carry out the relocation, includ11 ing preparing the new facilities and prop12 erties and providing for the transfer of 

13 such fixtures and equipment as the Direc14 tor may require; and 

15 (iii) set forth a timetable for the relo16 cation of the National Park Service to the 

17 new facilities. 

18 (B) RESTRICTION ON USE OF PROPERTY

19 RESERVED FOR PARK PURPOSES.—The plan 

20 may not identify any facility or property for 

21 purposes of this paragraph which is located on 

22 any portion of Poplar Point which is reserved 

23 for park purposes in accordance with subsection 

24 (b). 


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1 (3) CONSULTATION REQUIRED.—In developing 

2 each of the elements of the plan which are required 

3 under this subsection, the District of Columbia shall 

4 consult with the Director. 

5 SEC. 303. CONVEYANCE OF REPLACEMENT FACILITIES AND 

6 PROPERTIES FOR NATIONAL PARK SERVICE. 

7 (a) CONVEYANCE OF FACILITIES AND RELATED

8 PROPERTIES.—Upon certification by the Director that the 

9 facilities and related property to which the National Park 

10 Service is to be relocated under the land-use plan under 

11 this title (in accordance with section 302(c)) are ready to 

12 be occupied or used by the National Park Service— 

13 (1) the District of Columbia shall convey to the 

14 Director all right, title, and interest, at no cost, in 

15 the facilities and related property (including nec16 essary easements and utilities related thereto) to 

17 which the National Park Service is to be relocated 

18 (without regard to whether such facilities are located 

19 in Poplar Point); and 

20 (2) the Director shall convey to the District of 

21 Columbia all, right, title, and interest in the facilities 

22 and related property which were withheld from the 

23 conveyance of Poplar Point under section 301(b) 

24 and from which the National Park Service is to be 

25 relocated. 


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1 (b) RESTRICTION ON CONSTRUCTION PROJECTS

2 PENDING CERTIFICATION OF FACILITIES.— 

3 (1) IN GENERAL.—The District of Columbia 

4 may not initiate any construction project with re5 spect to Poplar Point until the Director makes the 

6 certification referred to in subsection (a). 

7 (2) EXCEPTION FOR PROJECTS REQUIRED TO

8 PREPARE FACILITIES FOR OCCUPATION BY NA9 TIONAL PARK SERVICE.—Paragraph (1) shall not 

10 apply with respect to any construction project re11 quired to ensure that the facilities and related prop12 erty to which the National Park Service is to be re13 located under the land-use plan under this title (in 

14 accordance with section 302(c)) are ready to be oc15 cupied by the National Park Service. 

16 SEC. 304. POPLAR POINT DEFINED. 

17 In this title, ‘‘Poplar Point’’ means the parcel of land 

18 in the District of Columbia which is owned by the United 

19 States and which is under the administrative jurisdiction 

20 of the District of Columbia or the Director on the day 

21 before the date of enactment of this Act, and which is 

22 bounded on the north by the Anacostia River, on the 

23 northeast by and inclusive of the southeast approaches to 

24 the 11th Street bridges, on the southeast by and inclusive 

25 of Route 295, and on the northwest by and inclusive of 


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1 the Frederick Douglass Memorial Bridge approaches to 

2 Suitland Parkway, as depicted on the Map. 

3 TITLE IV—GENERAL 

4 PROVISIONS 

5 SEC. 401. DEFINITIONS. 

6 In this Act, the following definitions apply: 

7 (1) The term ‘‘Administrator’’ means the Ad8 ministrator of General Services. 

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

10 the National Park Service. 

11 (3) The term ‘‘Map’’ means the map entitled 

12 ‘‘Transfer and Conveyance of Properties in the Dis13 trict of Columbia’’, numbered 869/80460, and dated 

14 July 2005, which shall be kept on file in the appro15 priate office of the National Park Service. 

16 (4) The term ‘‘park purposes’’ means landscaped 

17 areas, pedestrian walkways, bicycle trails, seating, 

18 open-sided shelters, natural areas, recreational use 

19 areas, and memorial sites reserved for public use. 

20 (4)(5) The term ‘‘Secretary’’ means the Secretary 

21 of the Interior. 

22 SEC. 402. LIMITATION ON ENVIRONMENTAL LIABILITY. 

23 Notwithstanding any other provision of law— 

24 (1) the United States shall not be responsible 

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1 mediation, corrective action, damages, costs, or ex2 penses associated with any property for which title 

3 is conveyed to the District of Columbia under this 

4 Act or any amendment made by this Act; and 

5 (2) all environmental liability, responsibility, re6 mediation, damages, costs, and expenses as required 

7 by applicable Federal, state and local law, including 

8 the Comprehensive Environmental Response, Com9 pensation and Liability Act (42 U.S.C. 9601 et 

10 seq.), the Federal Water Pollution Control Act 

11 (known as Clean Water Act) (33 U.S.C. 1251 et 

12 seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), 

13 the Solid Waste Disposal Act (42 U.S.C. 6901 et 

14 seq.), the Rivers and Harbors Act (33 U.S.C. 540 

15 et seq.), the Toxic Substances Control Act (15 

16 U.S.C. 2601, et seq.), and the Oil Pollution Act (33 

17 U.S.C. 2701 et seq.) for any such property shall be 

18 borne by the District of Columbia, which shall con19 duct all environmental activity with respect to such 

20 properties, and bear any and all costs and expenses 

21 of any such activity. 

22 SEC. 403. LIMITATION ON COSTS. 

23 The United States shall not be responsible for paying 

24 any costs and expenses incurred by the District of Colum25 bia or any other parties at any time in connection with 


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25 

•S 1838 RS

1 effecting the provisions of this Act or any amendment 

2 made by this Act, including costs and expenses associated 

3 with surveys, zoning, land-use processes, transfer taxes, 

4 recording taxes, recording fees, as well as the costs associ5 ated with the relocation of the National Park Service to 

6 replacement facilities required under the land-use plan for 

7 Poplar Point described in section 302(c)(2). 

8 SEC. 402. LIMITATION ON COSTS. 

9 The United States shall not be responsible for paying 

10 any costs and expenses, other than costs and expenses re11 lated to or associated with environmental liabilities or 

12 cleanup actions provided under law, which are incurred by 

13 the District of Columbia or any other parties at any time 

14 in connection with effecting the provisions of this Act or 

15 any amendment made by this Act. 

16 SEC. 403. AUTHORIZATION OF PARTIES TO ENTER INTO 

17 CONTRACTS. 

18 An officer or employee of the United States or the Dis19 trict of Columbia may contract for payment of costs or ex20 penses related to any properties conveyed under quitclaim 

21 deed under this Act or any amendment made by this Act. 

22 SEC. 404. NO EFFECT ON COMPLIANCE WITH ENVIRON23 MENTAL LAWS. 

24 Nothing in this Act or any amendment made by this 

25 Act may be construed to affect or limit the application of 


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26 

•S 1838 RS

1 or obligation to comply with any environmental law, in2 cluding section 120(h) of the Comprehensive Environmental 

3 Response, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9620(h)). 

5 SEC. 404 405. DEADLINE FOR PROVISION OF DEEDS AND 

6 RELATED DOCUMENTS. 

7 With respect to each property conveyed under this 

8 Act or any amendment made by this Act, the Mayor of 

9 the District of Columbia, the Administrator, or the Sec10 retary (as the case may be) shall execute and deliver a 

11 quitclaim deed or prepare and record a transfer plat, as 

12 appropriate, not later than 6 months after the property 

13 is conveyed. 


sroberts on PROD1PC70 with BILLS

sroberts on PROD1PC70 with BILLS
Calendar No. 581 

109TH CONGRESS 

2D SESSION S. 1838 

A BILL 

To provide for the sale, acquisition, conveyance, 

and for other purposes. velopment, and redevelopment of such property, trict of Columbia to facilitate the utilization, deand exchange of certain real property in the DisAUGUST 3, 2006 

Reported with amendments 


sroberts on PROD1PC70 with BILLS