Union Calendar No. 146
104TH CONGRESS
1ST SESSION
H. R. 1508
[Report No. 104–277, Part I]
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.
OCTOBER 17, 1995
Reported from the Committee on Resources, with an
amendment
Referral to the Committee on Government Reform and
Oversight extended for a period ending not later than
October 17, 1995
The Committee on Government Reform and Oversight
discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be
printed
IB
Union Calendar No. 146
104TH CONGRESS
1ST SESSION
H. R. 1508
[Report No. 104–277, Part I]
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 Commit-
tee on Resources, and in addition to the Committee on Government Re-
form 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.
OCTOBER 17, 1995
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 17, 1995
Referral to the Committee on Government Reform and Oversight extended for
a period ending not later than October 17, 1995
OCTOBER 17, 1995
The Committee on Government Reform and Oversight discharged; committed
to the Committee of the Whole House on the State of the Union and or-
dered to be printed
[For text of introduced bill, see copy of bill as introduced on April 7, 1995]
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Children’s Is-
land 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 Co-
lumbia 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 play-
ground, 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 cul-
tural, 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 Chil-
dren’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 of the United States
in and to the Islands. Unbudgeted actual costs incurred by
the Secretary for such transfer shall be borne by the Dis-
trict. 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, per-
manent easements across the waterways and bed of the Ana-
costia River as described in the Survey as Leased Riverbed
Areas A, B, C, and D, and across the shoreline of the Ana-
costia 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 de-
sirable for vehicular and pedestrian egress and in-
gress to and from the Islands and which satisfy the
District Building Code and applicable safety require-
ments;
(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 Is-
lands and any and all improvements located thereon
from time to time; and
(C) constructing, reconstructing, maintaining,
operating, and otherwise providing necessary infor-
mational 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 opera-
tor, 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 ex-
ecutive 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 pro-
vides 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 fol-
lowing 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 trans-
ferred, as provided in subsection (a).
(B) Failure to commence operation of the recre-
ation park within the earlier of—
(i) five years after building permits are ob-
tained for construction of such improvements; or
(ii) seven years after title has been trans-
ferred, as provided in subsection (a).
(C) After completion of construction and com-
mencement of operation, the abandonment or non-use
of the recreation park for a period of two years.
(D) After completion of construction and com-
mencement of operation, conversion of the Islands to
a use other than that specified in this Act or conver-
sion 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 Chil-
dren’s Island or the administrative process leading to such
development or operation.
(3) Following any reconveyance or reversion to the Na-
tional Park Service, any and all claims and judgments
arising during the period the District holds title to the Is-
lands, the playground, and premises shall remain the re-
sponsibility of the District, and such reconveyance or rever-
sion 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 en-
tity 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, sub-
stantially 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 res-
toration, any amount in the escrow fund shall be distrib-
uted 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 im-
provements traditionally or ordinarily included in a pub-
licly 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 construct-
ing, and servicing National Children’s Island.
(c) REQUIRED APPROVALS.—Before construction com-
mences, 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 De-
velopment Plan Act of 1993 (D.C. Act 10–110). The District
of Columbia shall carry out its review of this project in
full compliance with all applicable provisions of the Na-
tional Environmental Policy Act of 1969.