104TH CONGRESS
1ST SESSION
H. R. 1508
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 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
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 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 chil-
dren’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 consider-
ation, 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 District. The District may seek reimburse-
ment from any third party for such costs.
(b) GRANT
OF EASEMENTS.—(1) The Secretary
shall, not later than six months after the date of enact-
ment of this Act, grant, without consideration, to the Dis-
trict, 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 in-
gress to and from the Islands and which satisfy the
District Building Code and applicable safety require-
ments;
(B) installing, reinstalling, maintaining, and op-
erating utility transmission corridors, including (but
not limited to) all necessary electricity, water, sewer,
gas, necessary or desirable for the construction, re-
construction, 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 oper-
ator, 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 Sec-
retary provides written notice of the reversion to the Dis-
trict 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 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
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 re-
sponsibility of the District, and such reconveyance or re-
version shall extinguish any and all leases, rights or privi-
leges to the Islands and the playground granted by the
District.
(4) The District shall require any nongovernmental
entity authorized to construct, develop, and operate Na-
tional Children’s Island to establish an escrow fund, post
a surety bond, provide a letter of credit or otherwise pro-
vide such security for the benefit of the National Park
Service, substantially equivalent to that specified in para-
graph 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 Serv-
ice has not commenced restoration or is not diligently pro-
ceeding 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 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
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 Is-
land Development 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 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 Dis-
trict 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 ef-
fect, except for the references in this Act to para-
graphs 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 consid-
ered to be within the park system of the District;
therefore, the provisions of section 2 of the Act enti-
tled ‘‘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 Is-
lands, and the District shall have exclusive charge
and control over the Islands and easements trans-
ferred.
(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 ap-
propriate 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 park-
ing facilities (and necessary informational kiosk, ticketing
booth, and security) as the Mayor of the District in his
discretion may determine necessary or appropriate in con-
nection with or in support of National Children’s Island.
SEC. 6. SAVINGS PROVISIONS.
No provision of this Act shall be construed—
(1) as an express or implied endorsement or ap-
proval by the Congress of any such construction, de-
velopment, or operation of National Children’s Is-
land;
(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 Na-
tional Children’s Island development or operation to
mitigate adverse impacts on adjacent residential
neighborhoods and park lands and the Anacostia
River.
Passed the House of Representatives October 30,
1995.
Attest:
Clerk.