H. R. 1508—2
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 util-
ity 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 combina-
tion 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 administra-
tive 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 pro-
vided 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
H. R. 1508—3
(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 speci-
fied 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 EASE-
MENTS 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 mainte-
nance of the children’s playground.
(b) PUBLIC PARKING.—Public parking on the Islands is prohib-
ited, 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
H. R. 1508—4
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 Commis-
sioners 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 PUR-
POSES.—Notwithstanding any other provision of law, the District
is hereby authorized to grant via appropriate instrument to a non-
governmental 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 nec-
essary or appropriate in connection with or in support of National
Children’s Island.
H. R. 1508—5
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 oper-
ation of National Children’s Island;
(2) except as provided in section 5, to exempt the rec-
reational park and playground from the laws of the United
States or the District, including laws relating to the environ-
ment, health, and safety; or
(3) to prevent additional conditions on the National Chil-
dren’s Island development or operation to mitigate adverse
impacts on adjacent residential neighborhoods and park lands
and the Anacostia River.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.