H. R. 5012
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend the John F. Kennedy Center Act to authorize the Secretary of Transpor-
tation to carry out a project for construction of a plaza adjacent to the John
F. Kennedy Center for the Performing Arts, and for other purposes.
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 ‘‘John F. Kennedy Center Plaza
Authorization Act of 2002’’.
SEC. 2. JOHN F. KENNEDY CENTER PLAZA.
The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is
amended—
(1) by redesignating sections 12 and 13 as sections 13
and 14, respectively; and
(2) by inserting after section 11 the following:
‘‘SEC. 12. JOHN F. KENNEDY CENTER PLAZA.
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) AIR RIGHTS.—The term ‘air rights’ means real property
interests conveyed by deed, lease, or permit for the use of
space between streets and alleys within the boundaries of the
Project.
‘‘(2) CENTER.—The term ‘Center’ means the John F. Ken-
nedy Center for the Performing Arts.
‘‘(3) GREEN SPACES.—The term ‘green spaces’ means areas
within the boundaries of the Project or affected by the Project
that are covered by grass, trees, or other vegetation.
‘‘(4) PLAZA.—The term ‘Plaza’ means improvements to the
area surrounding the John F. Kennedy Center building carried
out under the Project and comprised of transportation elements
(including roadways, sidewalks, and bicycle lanes) and non-
transportation elements (including landscaping, green space,
open public space, water, sewer, and utility connections).
‘‘(5) PROJECT.—The term ‘Project’ means the Plaza project,
as described in the TEA–21 report, providing for construction
of a Plaza adjacent to the Center and for improved bicycle,
pedestrian, and vehicular access to and around the Center.
The term includes planning, design, engineering, and construc-
tion of the Plaza, buildings to be constructed on the Plaza,
and related transportation improvements and may include any
other elements of the Project identified in the TEA–21 report.
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‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(7) TEA–21 REPORT.—The term ‘TEA–21 report’ means
the report of the Secretary submitted to Congress under section
1214 of the Transportation Equity Act for the 21st Century
(20 U.S.C. 76j note; 112 Stat. 204).
‘‘(b) RESPONSIBILITIES OF THE SECRETARY.—
‘‘(1) IN GENERAL.—The Secretary shall be responsible for
the Project and may undertake such activities as may be nec-
essary to construct the Project, other than buildings to be
constructed on the Plaza, substantially as described in the
TEA–21 report.
‘‘(2) PLANNING, DESIGN, ENGINEERING, AND
CONSTRUC-
TION.—The Secretary shall be responsible for the planning,
design, engineering, and construction of the Project, other than
buildings to be constructed on the Plaza.
‘‘(3) AGREEMENTS WITH THE BOARD AND OTHER AGENCIES.—
The Secretary shall enter into memoranda of agreement with
the Board and any appropriate Federal or other governmental
agency to facilitate the planning, design, engineering, and
construction of the Project.
‘‘(4) CONSULTATION WITH THE BOARD.—The Secretary shall
consult with the Board to maximize efficiencies in planning
and executing the Project, including the construction of any
buildings on the Plaza.
‘‘(5) CONTRACTS.—Subject to the approval of the Board,
the Secretary may enter into contracts on behalf of the Center
related to the planning, design, engineering, and construction
of the Project.
‘‘(c) RESPONSIBILITIES OF THE BOARD.—
‘‘(1) IN GENERAL.—The Board may undertake such activities
as may be necessary to construct buildings on the Plaza for
the Project.
‘‘(2) RECEIPT
OF
TRANSFERS
OF
AIR
RIGHTS.—The Board
may receive from the District of Columbia such transfers of
air rights as may be necessary for the planning, design,
engineering, and construction of the Project.
‘‘(3) CONSTRUCTION OF BUILDINGS.—The Board may con-
struct, with non-appropriated funds, buildings on the Plaza
for the Project and shall be responsible for the planning, design,
engineering, and construction of the buildings.
‘‘(4) ACKNOWLEDGMENT OF CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—The Board may acknowledge private
contributions used in the construction of buildings on the
Plaza for the Project in the interior of the buildings, but
may not acknowledge private contributions on the exterior
of the buildings.
‘‘(B) APPLICABILITY
OF
OTHER
REQUIREMENTS.—Any
acknowledgment of private contributions under this para-
graph shall be consistent with the requirements of section
4(b).
‘‘(d) RESPONSIBILITIES OF THE DISTRICT OF COLUMBIA.—
‘‘(1) MODIFICATION OF HIGHWAY SYSTEM.—Notwithstanding
any State or local law, the Mayor of the District of Columbia,
in consultation with the National Capital Planning Commission
and the Secretary, shall have exclusive authority to amend
or modify the permanent system of highways of the District
H. R. 5012—3
of Columbia as may be necessary to meet the requirements
and needs of the Project.
‘‘(2) CONVEYANCES.—
‘‘(A) AUTHORITY.—Notwithstanding any State or local
law, the Mayor of the District of Columbia shall have
exclusive authority to convey or dispose of any interests
in real estate (including air rights or air space as that
term is defined by District of Columbia law) owned or
controlled by the District of Columbia, as may be necessary
to meet the requirements and needs of the Project.
‘‘(B) CONVEYANCE TO THE BOARD.—Not later than 90
days following the date of receipt of notification from the
Secretary of the requirements and needs of the Project,
the Mayor of the District of Columbia shall convey or
dispose of to the Board without compensation interests
in real estate described in subparagraph (A).
‘‘(3) AGREEMENTS WITH THE BOARD.—The Mayor of the Dis-
trict of Columbia shall have the authority to enter into memo-
randa of agreement with the Board and any Federal or other
governmental agency to facilitate the planning, design,
engineering, and construction of the Project.
‘‘(e) OWNERSHIP.—
‘‘(1) ROADWAYS AND SIDEWALKS.—Upon completion of the
Project, responsibility for maintenance and oversight of road-
ways and sidewalks modified or improved for the Project shall
remain with the owner of the affected roadways and sidewalks.
‘‘(2) MAINTENANCE
OF
GREEN
SPACES.—Subject to para-
graph (3), upon completion of the Project, responsibility for
maintenance and oversight of any green spaces modified or
improved for the Project shall remain with the owner of the
affected green spaces.
‘‘(3) BUILDINGS AND GREEN SPACES ON THE PLAZA.—Upon
completion of the Project, the Board shall own, operate, and
maintain the buildings and green spaces established on the
Plaza for the Project.
‘‘(f) NATIONAL HIGHWAY BOUNDARIES.—
‘‘(1) REALIGNMENT
OF
BOUNDARIES.—The Secretary may
realign national highways related to proposed changes to the
Northern and Southern Interchanges and the E Street
Approach recommended in the TEA–21 report in order to facili-
tate the flow of traffic in the vicinity of the Center.
‘‘(2) ACCESS TO CENTER FROM I–66.—The Secretary may
improve direct access and egress between Interstate Route 66
and the Center, including its garages.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of John F. Kennedy Center Act (as redesignated
by section 2 of this Act) is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
‘‘(c) JOHN F. KENNEDY CENTER PLAZA.—There is authorized
to be appropriated to the Secretary of Transportation for capital
costs incurred in the planning, design, engineering, and construction
of the project authorized by section 12 (including roadway improve-
ments related to the North and South Interchanges and construction
of the John F. Kennedy Center Plaza, but not including construction
of any buildings on the plaza) a total of $400,000,000 for fiscal
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years 2003 through 2010. Such sums shall remain available until
expended.’’.
SEC. 4. CONFORMING AMENDMENTS.
(a) SELECTION OF CONTRACTORS.—Section 4(a)(2)(D) of the John
F. Kennedy Center Act (20 U.S.C 76j(a)(2)(D)) is amended to read
as follows:
‘‘(D) SELECTION OF CONTRACTORS.—In carrying out the
duties of the Board under this Act, the Board may negotiate
any contract—
‘‘(i) for planning, design, engineering, or construc-
tion of buildings to be erected on the John F. Kennedy
Center Plaza under section 12 and for landscaping
and other improvements to the Plaza; or
‘‘(ii) for an environmental system for, a protection
system for, or a repair to, maintenance of, or restora-
tion of the John F. Kennedy Center for the Performing
Arts,
with selected contractors and award the contract on the
basis of contractor qualifications as well as price.’’.
(b) DEFINITIONS.—Section 14 of the John F. Kennedy Center
Act (as redesignated by section 2 of this Act) is amended by adding
at the end the following: ‘‘Upon completion of the project for
establishment of the John F. Kennedy Center Plaza authorized
by section 12, the Board, in consultation with the Secretary of
Transportation, shall amend the map that is on file and available
for public inspection under the preceding sentence.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.