PUBLIC LAW 104–163—JULY 19, 1996

NATIONAL CHILDREN’S ISLAND ACT OF 1995
110 STAT. 1416 PUBLIC LAW 104–163—JULY 19, 1996

Public Law 104–163

104th Congress

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

of 1995’’.

SEC. 2. DEFINITIONS.

For the purposes of this Act:

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

of the Surveyor of the District of Columbia under S.O. 92–

252.

(2) The term ‘‘District’’ means the District of Columbia.

(3) The term ‘‘Islands’’ means Heritage Island and all of

that portion of Kingman Island located south of Benning Road

and within the District of Columbia and the Anacostia River,

being a portion of United States Reservation 343, Section F,

as specified and legally described on the Survey.

(4) The term ‘‘National Children’s Island’’ means a cultural,

educational, and family-oriented recreation park, together with

a children’s playground, to be developed and operated in accordance with the Children’s Island Development Plan Act of 1993,

D.C. Act 10–110.

(5) The term ‘‘playground’’ means the children’s playground

that is part of National Children’s Island and includes all

lands on the Islands located south of East Capitol Street.

(6) The term ‘‘recreation park’’ means the cultural, educational, and family-oriented recreation park that is part of

National Children’s Island.

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

Interior.

(8) The term ‘‘Survey’’ means the ALTA/ACSM Land Title

Survey prepared by Dewberry & Davis and dated February

12, 1994.

SEC. 3. PROPERTY TRANSFER.

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

development, and operation of National Children’s Island, the Secretary shall, not later than six months after the date of enactment

of this Act and subject to this Act, transfer by quitclaim deed,

without consideration, to the District all right, title, and interest

National

Children’s Island

Act of 1995.

July 19, 1996

[H.R. 1508]
PUBLIC LAW 104–163—JULY 19, 1996 110 STAT. 1417

of the United States in and to the Islands. Unbudgeted actual

costs incurred by the Secretary for such transfer shall be borne

by the District. The District may seek reimbursement from any

third party for such costs.

(b) GRANT OF EASEMENTS.—(1) The Secretary shall, not later

than six months after the date of enactment of this Act, grant,

without consideration, to the District, permanent easements across

the waterways and bed of the Anacostia River as described in

the Survey as Leased Riverbed Areas A, B, C, and D, and across

the shoreline of the Anacostia River as depicted on the plat map

recorded in the Office of the Surveyor of the District as S.O. 92–

252.

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

the land and shall be for the purposes of—

(A) constructing, reconstructing, maintaining, operating,

and otherwise using only such bridges, roads, and other

improvements as are necessary or desirable for vehicular and

pedestrian egress and ingress to and from the Islands and

which satisfy the District Building Code and applicable safety

requirements;

(B) installing, reinstalling, maintaining, and operating utility transmission corridors, including (but not limited to) all

necessary electricity, water, sewer, gas, necessary or desirable

for the construction, reconstruction, maintenance, and operation

of the Islands and any and all improvements located thereon

from time to time; and

(C) constructing, reconstructing, maintaining, operating,

and otherwise providing necessary informational kiosk,

ticketing booth, and security for the Islands.

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

by the District to any lessee, sublessee, or operator, or any combination thereof, of the Islands.

(c) DEVELOPMENT.—The development of National Children’s

Island shall proceed as specified in paragraph 3 of the legend

on the plat or as otherwise authorized by the District by agreement,

lease, resolution, appropriate executive action, or otherwise.

(d) REVERSION.—(1) The transfer under subsection (a) and the

grant of easements under subsection (b) 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) and the easements granted under subsection (b), 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 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).

(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
110 STAT. 1418 PUBLIC LAW 104–163—JULY 19, 1996

(ii) seven years after title has been transferred, as

provided in subsection (a).

(C) After completion of construction and commencement

of operation, the abandonment or non-use of the recreation

park for a period of two years.

(D) After completion of construction and commencement

of operation, conversion of the Islands to a use other than

that specified in this Act or conversion to a parking use not

in accordance with section 4(b).

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

during the pendency of any lawsuit which seeks to enjoin the

development or operation of National Children’s Island or the

administrative process leading to such development or operation.

(3) Following any reconveyance or reversion to the National

Park Service, any and all claims and judgments arising during

the period the District holds title to the Islands, the playground,

and premises shall remain the responsibility of the District, and

such reconveyance or reversion shall extinguish any and all leases,

rights or privileges to the Islands and the playground granted

by the District.

(4) The District shall require any nongovernmental entity

authorized to construct, develop, and operate National Children’s

Island to establish an escrow fund, post a surety bond, provide

a letter of credit or otherwise provide such security for the benefit

of the National Park Service, substantially equivalent to that specified in paragraph 11 of the legend on the plat, to serve as the

sole source of funding for restoration of the recreation park to

a condition suitable for National Park Service purposes (namely,

the removal of all buildings and grading, seeding and landscaping

of the recreation park) upon reversion of the property. If, on the

date which is two years from the date of reversion of the property,

the National Park Service has not commenced restoration or is

not diligently proceeding with such restoration, any amount in

the escrow fund shall be distributed to such nongovernmental

entity.

SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED AND EASEMENTS GRANTED.

(a) PLAYGROUND.—Operation of the recreation park may only

commence simultaneously with or subsequent to improvement and

opening of a children’s playground at National Children’s Island

that is available to the public free of charge. The playground shall

only include those improvements traditionally or ordinarily included

in a publicly maintained children’s playground. Operation of the

recreation park is at all times dependent on the continued maintenance of the children’s playground.

(b) PUBLIC PARKING.—Public parking on the Islands is prohibited, except for handicapped parking, emergency and government

vehicles, and parking related to constructing, and servicing National

Children’s Island.

(c) REQUIRED APPROVALS.—Before construction commences, the

final design plans for the recreation park and playground, and

all related structures, including bridges and roads, are subject

to the review and approval of the National Capital Planning

Commission and of the District of Columbia in accordance with

the Children’s Island Development Plan Act of 1993 (D.C. Act

10–110). The District of Columbia shall carry out its review of
PUBLIC LAW 104–163—JULY 19, 1996 110 STAT. 1419

this project in full compliance with all applicable provisions of

the National Environmental Policy Act of 1969.

SEC. 5. EFFECT OF PROPERTY TRANSFER.

(a) EFFECT OF PROPERTY TRANSFER.—Upon the transfer of the

Islands to the District pursuant to this Act:

(1) The Transfer of Jurisdiction concerning the Islands

from the National Park Service to the District dated February

1993, as set out on the plat map recorded in the Office of

the Surveyor of the District as S.O. 92–252 and as approved

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

null and void and of no further force and effect, except for

the references in this Act to paragraphs 3 and 11 of the legend

on the plat.

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

of Anacostia Park and shall not be considered to be within

the park system of the District; therefore, the provisions of

section 2 of the Act entitled ‘‘An Act to vest in the Commissioners of the District of Columbia control of street parking

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

570; D.C. Code 8–104), shall not apply to the Islands, and

the District shall have exclusive charge and control over the

Islands and easements transferred.

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

public grounds of the United States for the purposes of the

Act of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68;

8–128 D.C. Code).

(b) USE OF CERTAIN LANDS FOR PARKING AND OTHER PURPOSES.—Notwithstanding any other provision of law, the District

is hereby authorized to grant via appropriate instrument to a nongovernmental individual or entity any and all of its rights to use

the lands currently being leased by the United States to the District

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

Law 85–300, September 7, 1957, 71 Stat. 619) for parking facilities

(and necessary informational kiosk, ticketing booth, and security)

as the Mayor of the District in his discretion may determine necessary or appropriate in connection with or in support of National

Children’s Island.
110 STAT. 1420 PUBLIC LAW 104–163—JULY 19, 1996

LEGISLATIVE HISTORY—H.R. 1508:

HOUSE REPORTS: No. 104–277, Pt. 1 (Comm. on Resources).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Oct. 30, considered and passed House.

Vol. 142 (1996): June 28, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

July 19, Presidential statement.

Æ

SEC. 6. SAVINGS PROVISIONS.

No provision of this Act shall be construed—

(1) as an express or implied endorsement or approval by

the Congress of any such construction, development, or operation of National Children’s Island;

(2) except as provided in section 5, to exempt the recreational park and playground from the laws of the United

States or the District, including laws relating to the environment, health, and safety; or

(3) to prevent additional conditions on the National Children’s Island development or operation to mitigate adverse

impacts on adjacent residential neighborhoods and park lands

and the Anacostia River.

Approved July 19, 1996.