[Pages H11387-H11389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL CHILDREN'S ISLAND ACT OF 1995

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1508) 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, as amended.
The Clerk read as follows:

H.R. 1508

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 ``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 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 cultural,
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
Children'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 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
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 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,

[[Page H 11388]]
sublessee, or operator, 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 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
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 transferred, as
provided 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
(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 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
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 publicly 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 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 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
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
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 Purposes.--
Notwithstanding any other provision of law, the District is
hereby authorized to grant via appropriate 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 parking facilities (and necessary
informational kiosk, ticketing booth, and security) as the
Mayor of the District in his discretion may determine
necessary or appropriate in connection 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 approval by the
Congress of any such construction, development, or operation
of National Children's Island;
(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 National
Children's Island development or operation to mitigate
adverse impacts on adjacent residential neighborhoods and
park lands and the Anacostia River.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah [Mr. Hansen] will be recognized for 20 minutes, and the gentleman
from New Mexico [Mr. Richardson] will be recognized for 20 minutes.
The Chair recognizes the gentleman from Utah [Mr. Hansen].
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. Mr. Speaker, I rise in support of H.R. 1508, the National
Children's Island Act of 1995, introduced by Delegate Eleanor Holmes
Norton of the District of Columbia.
Mr. Speaker, this is a good bill, which transfers title of the
manmade Kingman and Heritage Islands in the Anacostia River, from the
United States to the District of Columbia, for the purpose of
establishing a cultural, educational, and family-oriented theme park.
While this is not the normal manner of transferring land between the
Federal Government and the District, I support this title transfer
because it offers the best chance for the National Children's Island
Foundation to realize their vision. It has been my experience that
Federal agencies do not handle either land exchanges or transfers in a
very efficient manner. For that very reason, we are currently working
on legislation in my subcommittee to make the administrative process
more efficient.
The project which this legislation helps facilitate offers important
economic opportunity to the District of Columbia. It has been estimated
that development of National Children's Island will create over 1,700
full and part-time jobs and generate $8.9 million in annual sales tax
revenue. This bill represents a tremendous opportunity to develop a
project on lands which are currently being used to dump construction
rubble.
As always, Ms. Norton has done a good job of working with her various
constituencies on this legislation and I believe that the bill, as
amended, addresses the concerns of all interested parties, except those
looking for an excuse to stop the project. Therefore, I commend the
bill to my colleagues and ask for their support for H.R. 1508.

{time} 1415

Mr. Speaker, I reserve the balance of my time.
(Mr. RICHARDSON asked and was given permission to revise and extend
his remarks.)
Mr. RICHARDSON. Mr. Speaker, I yield 4 minutes to the gentlewoman
from the District of Columbia, Eleanor Holmes Norton, the distinguished
author of this bill, who has worked very hard and fashioned this bill
with the chairman today.
Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, may I express my sincere appreciation to Chairman Jim
Hansen of the Subcommittee on National Parks, Forests, and Lands,
Subcommittee Ranking Member Bill Richardson, Resources Committee
Chairman Don Young, and Ranking Member George Miller for moving this
bill through the Resources Committee in an expeditious manner. On April
6,

[[Page H 11389]]
1995, I introduced H.R. 1508, the National Children's Island Act of
1995, at the request of the District of Columbia. This bipartisan bill
calls for the transfer of Heritage and a portion of Kingman Islands,
currently an artificial landfill and dumpsite, from the National Park
Service to the District for the purposes of creating a cultural,
educational, and family-oriented park. This is the essential initial
step in a process that, by law, will require other local and Federal
review steps before the project proceeds.
The District is pressing this legislation at this time of local
financial crisis. The park will create 1700 new full and part-time
jobs, 51.1 percent of which will go to District residents. Likewise,
the park will generate approximately $8.9 million in annual sales tax
revenues, and earmark a share of its revenues for educational grants,
scholarships and other programs for District youth and businesses.
The city council approved this project by a vote of 11 to 1. The
project is fully privately funded with no cost to the District or the
Federal Governments. As a result of improvements made in committee, a
Federal level environmental impact statement in compliance with the
National Environmental Policy Act will be conducted with review and
approval by the National Capitol Planning Commission.
Again, I thank the Resources Committee for its bipartisan leadership
in bringing this bill to the floor today, and urge all Members of the
House to support the bill.
Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1508 is a complicated measure that shows that land
transfers are not simple matters. Numerous changes and refinements were
made to the bill in an attempt to deal with the concerns of the many
parties to this legislation. I want to commend the chairman and the
gentlewoman from the District of Columbia [Ms. Norton] for arriving at
what I consider to be a suitable compromise.
There is still some concern about this bill within the local
community, but I do think that what the bill now has, through the
compromise worked out by the chairman and the gentlewoman, is to make
sure that there is local input, community input throughout this process
on the zoning permitting actions of the District government.
The amendment in the nature of a substitute adopted by the committee
incorporates several of the amendments that I wanted to see included in
the bill. We should be careful about negating previous agreements and
making moot a current court order, both of which this legislation does.
However, the bill's requirement for approval of the development plans
by the National Capital Planning Commission and the preparation of a
Federal EIS by the D.C. government does go a long way in protecting the
public interest. I would note that the gentlewoman from the District of
Columbia [Ms. Norton], who represents the area in question, wants to
see this legislation move forward. She has worked very hard on this.
She has put forth some constructive proposals to develop this land as a
recreational area for children and the general public.
This property is currently used as a leaf and stump dumping site.
Given this history and present use. I want to make sure that we pass
this bill, give the District government the opportunity to manage the
site, subject to some of the constructive safeguards in the bill
protecting the public interest.
I urge strong support for this legislation, and once again commend
the gentlewoman from District of Columbia [Ms. Norton], who represents
zealously the interests of her constituents, and my good friend, most
of the time, the gentleman from Utah [Mr. Hansen].
Mr. DAVIS. Mr. Speaker, I rise in support of H.R. 1508, the National
Children's Island Act. Ms. Eleanor Holmes Norton, the Delegate from the
District of Columbia and the author of this legislation, is to be
commended for her strong advocacy of this project. Her role in
shepherding this legislation through the 104th Congress shows the
importance of skillful advocacy in behalf of worthwhile legislation.
The act is of significance for three reasons. First, it is a splendid
example of how the Republicans of the 104th Congress are working
together with the District of Columbia to make our Nation's Capital a
more attractive place to live, work, and visit. This act transfers
property from the National Park Service to the District of Columbia.
This transfer has the effect of making the city the lead agency for the
development of this property. This is the way Congress should relate to
the city. It is not prudent for Congress to be deeply involved in the
details of the development of Children's Island. The city, working
together with the private sector, is fully capable of bringing this
project to a timely and successful completion.
This project is also significant because of the way Congress has
handled it internally. This legislation deals with the transfer of
National Park Service property. It is entirely proper that the
Resources Committee had primary jurisdiction over H.R. 1508. I want to
commend the work of both the Subcommittee on National Parks, Forests,
and Lands under the able leadership of Mr. Hansen and the full
Resources Committee under the able leadership of Mr. Young. Their
outstanding work made it possible for the Government Reform and
Oversight Committee to waive jurisdiction over this bill. By waiving
jurisdiction, this project will be able to go forward in a timely
manner without any prejudice to the Federal interest. I would also like
to point out that in past Congresses the former District of Columbia
Committee examined this issue. I have found no opposition to this
legislation among members of the former Committee.
Finally, I think it is fitting that we pass this legislation and
enable this project on the first day of the White House Conference on
Travel and Tourism. This conference points to the importance of the
tourist industry for our Nation generally and our capital region
specifically. Tourism is crucial to the economic well being of the
entire Washington Metropolitan Area. Tourism is the number one private
sector employer in the District of Columbia and is second only to the
Government itself as an employer. As the Federal Government continues
to shrink it is vital that we do what we can in both the Congress and
the executive branch to boost the region's economic development in
areas outside Government. The Republicans of the 104th Congress working
with Democrats in Congress and the city have already taken significant
steps to strengthen tourism as a regional industry. We approved
legislation which enabled the city to proceed with the new MCI Center
at Gallery Place and to plan for a new convention center. The
Children's Island project is another example of the positive
partnership we are establishing. Once again, I want to commend the able
leadership Ms. Norton has shown on this project.
Mr. RICHARDSON. Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Everett). The question is on the motion
offered by the gentleman from Utah [Mr. Hansen] that the House suspend
the rules and pass the bill, H.R. 1508, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended, the bill, as amended, was passed.
A motion to reconsider was laid on the table.

____________________