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[104th Congress Public Law 163]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ163.104]

[[Page 1415]]

                 NATIONAL CHILDREN'S ISLAND ACT OF 1995

[[Page 110 STAT. 1416]]

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. <<NOTE:  July 19, 1996 -  [H.R. 1508]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Children's Island Act of 1995.>> 

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

[[Page 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

[[Page 110 STAT. 1418]]

                    (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

[[Page 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.

[[Page 110 STAT. 1420]]

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.

LEGISLATIVE HISTORY--H.R. 1508:
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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.

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