National Children's Island Act of 1995
PL 104-163 (H.R.1508), enacted 07/19/1996

110 STAT. 1416 
PUBLIC LAW 104-163—JULY 19, 1996 
Public Law 104-163 
104th Congress 
An Act 
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'^^ require the transfer of title to the District of Columbia of certain real property 
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in Anacostia Park to facilitate the construction of National Children's Island, 
[H.R. 1508] 
a cultural, educational, and family-oriented park. 
Be it enacted by the Senate and House of Representatives 
of 
National 
the United States of America in Congress assembled, 
A^Tmi^^''^ 
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 accord-
ance 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, edu-
cational, 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 Sec-
retary 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 
PUBLIC LAW 104-163—JULY 19, 1996 
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 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 
110 STAr. 1418 
PUBLIC LAW 104-163^JULY 19, 1996 
(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 
PUBLIC LAW 104-163—JULY 19, 1996 
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 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. 
110 STAT. 1420 
PUBLIC LAW 104-163^JULY 19, 1996 
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. 
Approved July 19, 1996. 
LEGISLATIVE HISTORY—H.R. 1508: 
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.