[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3699 Enrolled Bill (ENR)]
H.R.3699
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To provide for the sale, acquisition, conveyance, and exchange of
certain real property in the District of Columbia to facilitate the
utilization, development, and redevelopment of such property, and for
other purposes.
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 ``Federal and District of Columbia
Government Real Property Act of 2006''.
TITLE I--REAL PROPERTY CONVEYANCES BETWEEN THE GENERAL SERVICES
ADMINISTRATION AND THE DISTRICT OF COLUMBIA
SEC. 101. EXCHANGE OF TITLE OVER RESERVATION 13 AND CERTAIN OTHER
PROPERTIES.
(a) Conveyance of Properties.--
(1) In general.--On the date on which the District of Columbia
conveys to the Administrator of General Services all right, title,
and interest of the District of Columbia in the property described
in subsection (c), the Administrator shall convey to the District
of Columbia all right, title, and interest of the United States
in--
(A) U.S. Reservation 13, subject to the conditions
described in subsection (b); and
(B) Old Naval Hospital.
(2) Properties defined.--In this section--
(A) the term ``U.S. Reservation 13'' means that parcel of
land in the District of Columbia consisting of the
approximately 66 acres which is bounded on the north by
Independence Avenue Southeast, on the west by 19th Street
Southeast, on the south by G Street Southeast, and on the east
by United States Reservation 343, and being the same land
described in the Federal transfer letter of October 25, 2002,
from the United States to the District of Columbia, and subject
to existing matters of record; and
(B) the term ``Old Naval Hospital'' means the property in
the District of Columbia consisting of Square 948 in its
entirety, together with all the improvements thereon.
(b) Conditions For Conveyance of Reservation 13.--As a condition
for the conveyance of U.S. Reservation 13 to the District of Columbia
under this section, the District of Columbia shall agree--
(1) to set aside a portion of the property for the extension of
Massachusetts Avenue Southeast and the placement of a potential
commemorative work to be established pursuant to chapter 89 of
title 40, United States Code, at the terminus of Massachusetts
Avenue Southeast (as so extended) at the Anacostia River;
(2) to convey all right, title, and interest of the District of
Columbia in the portion set aside under paragraph (1) to the
Secretary of the Interior (acting through the Director of the
National Park Service) at such time as the Secretary may require,
if a commemorative work is established in the manner described in
paragraph (1);
(3) to permit the Court Services and Offender Supervision
Agency for the District of Columbia to continue to occupy a portion
of the property consistent with the requirements of the District of
Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat.
931); and
(4) to develop the property consistent with the Anacostia
Waterfront Corporation's Master Plan for Reservation 13 (also known
as the Hill East Waterfront).
(c) District of Columbia Property to Be Conveyed to the
Administrator.--The property described in this subsection is the real
property consisting of Building Nos. 16, 37, 38, 118, and 118-A and
related improvements, together with the real property underlying those
buildings and improvements, on the West Campus of Saint Elizabeths
Hospital, as described in the quitclaim deed of September 30, 1987, by
and between the United States and the District of Columbia and recorded
in the Office of the Recorder of Deeds of the District of Columbia on
October 7, 1987.
SEC. 102. TERMINATION OF CLAIMS.
(a) In General.--Notwithstanding any other provision of law, the
United States is not required to perform, or to reimburse the District
of Columbia for the cost of performing, any of the following services:
(1) Repairs or renovations pursuant to section 4(f) of the
Saint Elizabeths Hospital and District of Columbia Mental Health
Services Act (24 U.S.C. 225b(f); sec. 44-903(f), D.C. Official
Code).
(2) Preservation, maintenance, or repairs pursuant to a use
permit executed on September 30, 1987, under which the United
States (acting through the Secretary of Health and Human Services)
granted permission to the District of Columbia to use and occupy
portions of the Saint Elizabeths Hospital property known as the
``West Campus''.
(3) Mental health diagnostic and treatment services for
referrals as described in section 9(b) of the Saint Elizabeths
Hospital and District of Columbia Mental Health Services Act (24
U.S.C. 225g(b); sec. 44-908(b), D.C. Official Code), but only with
respect to services provided on or before the date of the enactment
of this Act.
(b) Effect on Pending Claims.--Any claim of the District of
Columbia against the United States for the failure to perform, or to
reimburse the District of Columbia for the cost of performing, any
service described in subsection (a) which is pending as of the date of
the enactment of this Act shall be extinguished and terminated.
TITLE II--STREAMLINING MANAGEMENT OF PROPERTIES LOCATED IN THE DISTRICT
OF COLUMBIA
SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN
PROPERTIES.
(a) Transfer of Administrative Jurisdiction From District of
Columbia to United States.--
(1) In general.--Administrative jurisdiction over each of the
following properties (owned by the United States and as depicted on
the Map) is hereby transferred, subject to the terms in this
subsection, from the District of Columbia to the Secretary of the
Interior for administration by the Director:
(A) An unimproved portion of Audubon Terrace Northwest,
located east of Linnean Avenue Northwest, that is within U.S.
Reservation 402 (National Park Service property).
(B) An unimproved portion of Barnaby Street Northwest,
north of Aberfoyle Place Northwest, that abuts U.S. Reservation
545 (National Park Service property).
(C) A portion of Canal Street Southwest, and a portion of V
Street Southwest, each of which abuts U.S. Reservation 467
(National Park Service property).
(D) Unimproved streets and alleys at Fort Circle Park
located within the boundaries of U.S. Reservation 497 (National
Park Service property).
(E) An unimproved portion of Western Avenue Northwest,
north of Oregon Avenue Northwest, that abuts U.S. Reservation
339 (National Park Service property).
(F) An unimproved portion of 17th Street Northwest, south
of Shepherd Street Northwest, that abuts U.S. Reservation 339
(National Park Service property).
(G) An unimproved portion of 30th Street Northwest, north
of Broad Branch Road Northwest, that is within the boundaries
of U.S. Reservation 515 (National Park Service property).
(H) Subject to paragraph (2), lands over I-395 bounded by
Washington Avenue Southwest, 2nd Street Southwest, and the C
Street Southwest ramps to I-295.
(I) A portion of U.S. Reservation 357 at Whitehaven Parkway
Northwest, previously transferred to the District of Columbia
in conjunction with the former proposal for a residence for the
Mayor of the District of Columbia.
(2) Use of certain property for memorial.--In the case of the
property for which administrative jurisdiction is transferred under
paragraph (1)(H), the property shall be used as the site for the
establishment of a memorial to honor disabled veterans of the
United States Armed Forces authorized to be established by the
Disabled Veterans' LIFE Memorial Foundation by Public Law 106-348
(114 Stat. 1358; 40 U.S.C. 8903 note), except that--
(A) the District of Columbia shall retain administrative
jurisdiction over the subsurface area beneath the site for the
tunnel, walls, footings, and related facilities;
(B) C Street Southwest shall not be connected between 2nd
Street Southwest and Washington Avenue Southwest without the
approval of the Architect of the Capitol; and
(C) a walkway shall be included across the site of the
memorial between 2nd Street Southwest and Washington Avenue
Southwest.
(3) Additional transfer.--
(A) In general.--Administrative jurisdiction over the
parcel bounded by 2nd Street Southwest, the C Street Southwest
ramp to I-295, the D Street Southwest ramp to I-395, and I-295
is hereby transferred, subject to the terms in this paragraph,
from the District of Columbia as follows:
(i) The northernmost .249 acres is transferred to the
Secretary for administration by the Director, who (subject
to the approval of the Architect of the Capitol) shall
landscape the parcel or use the parcel for special needs
parking for the memorial referred to in paragraph (2).
(ii) The remaining portion is transferred to the
Architect of the Capitol.
(B) Retention of jurisdiction over subsurface area.--The
District of Columbia shall retain administrative jurisdiction
over the subsurface area beneath the parcel referred to in
subparagraph (A) for the tunnel, walls, footings, and related
facilities.
(b) Transfer of Administrative Jurisdiction From United States to
District of Columbia.--Administrative jurisdiction over the following
property owned by the United States and depicted on the Map is hereby
transferred from the Secretary to the District of Columbia for
administration by the District of Columbia:
(1) A portion of U.S. Reservation 451.
(2) A portion of U.S. Reservation 404.
(3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
(4) U.S. Reservation 251.
(5) U.S. Reservation 8.
(6) U.S. Reservations 277A and 277C.
(7) Portions of U.S. Reservation 470.
(c) Effective Date.--The transfers of administrative jurisdiction
under this section shall take effect on the date of the enactment of
this Act.
SEC. 202. EXCHANGE OF TITLE OVER CERTAIN PROPERTIES.
(a) Conveyance of Title.--
(1) In general.--On the date on which the District of Columbia
conveys to the Secretary all right, title, and interest of the
District of Columbia in each of the properties described in
subsection (b) for use as described in such subsection, the
Secretary shall convey to the District of Columbia all right,
title, and interest of the United States in each of the properties
described in subsection (c).
(2) Administration by national park service.--The properties
conveyed by the District of Columbia to the Secretary under this
section shall be administered by the Director upon conveyance.
(b) Properties to Be Conveyed to the Secretary; Use.--The
properties described in this subsection and their uses are as follows
(as depicted on the Map):
(1) Lovers Lane Northwest, abutting U.S. Reservation 324, for
the closure of a one-block long roadway adjacent to Montrose Park.
(2) Needwood, Niagara, and Pitt Streets Northwest, within the
Chesapeake and Ohio Canal National Historical Park, for the closing
of the rights-of-way now occupied by the Chesapeake and Ohio Canal.
(c) Properties to Be Conveyed to the District of Columbia.--The
properties described in this subsection are as follows (as depicted on
the Map):
(1) U.S. Reservation 17A.
(2) U.S. Reservation 484.
(3) U.S. Reservations 243, 244, 245, 247, and 248.
(4) U.S. Reservations 128, 129, 130, 298, and 299.
(5) Portions of U.S. Reservations 343D and 343E.
(6) U.S. Reservations 721, 722, and 723.
SEC. 203. CONVEYANCE OF UNITED STATES RESERVATION 174.
(a) Conveyance; Use.--If the District of Columbia enacts a final
plan for the development of the former Convention Center Site which
meets the requirements of subsection (b)--
(1) the Secretary shall convey all right, title, and interest
of the United States in U.S. Reservation 174 (as depicted on the
Map) to the District of Columbia upon the enactment of such plan;
and
(2) the District shall use the property so conveyed in
accordance with such plan.
(b) Requirements For Development Plan.--The plan for the
development of the former Convention Center Site meets the requirements
of this subsection if--
(1) the plan is developed through a public process;
(2) during the process for the development of the plan, the
District of Columbia considers at least one version of the plan
under which U.S. Reservation 174 is set aside as public open space
as of the date of the enactment of this Act and shall continue to
be set aside as public open space (including a version under which
facilities are built under the surface of such portion); and
(3) not less than 1\1/4\ acres of the former Convention Center
Site are set aside for public open space under the plan.
(c) Former Convention Center Site Defined.--In this section, the
``former Convention Center Site'' means the parcel of land in the
District of Columbia which is bounded on the east by 9th Street
Northwest, on the north by New York Avenue Northwest, on the west by
11th Street Northwest, and on the south by H Street Northwest.
SEC. 204. CONVEYANCE TO ARCHITECT OF THE CAPITOL.
(a) In General.--Prior to conveyance of title to U.S. Reservation
13 to the District of Columbia under this Act, the District of Columbia
shall convey, with the approval of the Architect of the Capitol and
subject to subsections (b) and (c), not more than 12 acres of real
property to the Architect of the Capitol.
(b) Title Held by Secretary.--If title to the real property
identified for conveyance under subsection (a) is held by the
Secretary, not later than 30 days after being notified by the Architect
of the Capitol that property has been so identified, the Secretary
shall agree or disagree to conveying the interest in such property to
the Architect of the Capitol.
(c) Review.--If the Secretary agrees to the conveyance under
subsection (b), or if title to the property is held by the District of
Columbia, the real property shall be conveyed after a 30-day review
period beginning on the date on which notice of the conveyance is
received by the Committee on Homeland Security and Governmental Affairs
and the Committee on Rules of the Senate and the Committee on
Government Reform and the Committee on Transportation and
Infrastructure of the House of Representatives.
(d) Study.--The Architect of the Capitol shall not construct a mail
screening facility on any real property conveyed under this section
unless each of the following conditions is satisfied:
(1) A study is completed that analyzes--
(A) whether one or more other underutilized, surplus, or
excess Federal facilities exist in which such a mail screening
facility could be more economically located; and
(B) whether it would be more efficient and economical for
the House of Representatives and Senate to share one mail
screening facility.
(2) The study is submitted to the relevant committees of
Congress.
(3) No fewer than 30 days have lapsed since the date of the
submission under paragraph (2).
TITLE III--POPLAR POINT
SEC. 301. CONVEYANCE OF POPLAR POINT TO DISTRICT OF COLUMBIA.
(a) Conveyance.--Upon certification by the Secretary of the
Interior (acting through the Director) that the District of Columbia
has adopted a land-use plan for Poplar Point which meets the
requirements of section 302, the Director shall convey to the District
of Columbia all right, title, and interest of the United States in
Poplar Point, in accordance with this title.
(b) Withholding of Existing Facilities and Properties of National
Park Service From Initial Conveyance.--The Director shall withhold from
the conveyance made under subsection (a) the facilities and related
property (including necessary easements and utilities related thereto)
which are occupied or otherwise used by the National Park Service until
such terms for conveyance are met under section 303.
(c) Deed Restriction For Park Purposes.--The deed for the
conveyance of Poplar Point provided for in subsection (a) shall include
a restriction requiring that 70 acres be maintained for park purposes
in perpetuity, as identified in the land use plan required under
section 302. Any person (including an individual or public entity)
shall have standing to enforce the restriction.
SEC. 302. REQUIREMENTS FOR POPLAR POINT LAND-USE PLAN.
(a) In General.--The land-use plan for Poplar Point meets the
requirements of this section if the plan includes each of the following
elements:
(1) The plan provides for the reservation of a portion of
Poplar Point for park purposes, in accordance with subsection (b).
(2) The plan provides for the identification of existing
facilities and related properties of the National Park Service, and
the relocation of the National Park Service to replacement
facilities and related properties, in accordance with subsection
(c).
(3) Under the plan, at least two sites within the areas
designated for park purposes are set aside for the placement of
potential commemorative works to be established pursuant to chapter
89 of title 40, United States Code, and the plan includes a
commitment by the District of Columbia to convey back those sites
to the National Park Service at the appropriate time, as determined
by the Secretary.
(4) To the greatest extent practicable, the plan is consistent
with the Anacostia Waterfront Framework Plan referred to in section
103 of the Anacostia Waterfront Corporation Act of 2004 (sec. 2-
1223.03, D.C. Official Code).
(b) Reservation of Areas For Park Purposes.--The plan shall
identify a portion of Poplar Point consisting of not fewer than 70
acres (including wetlands) which shall be reserved for park purposes
and shall require such portion to be reserved for such purposes in
perpetuity.
(c) Identification of Existing and Replacement Facilities and
Properties For National Park Service.--
(1) Identification of existing facilities.--The plan shall
identify the facilities and related property (including necessary
easements and utilities related thereto) which are occupied or
otherwise used by the National Park Service in Poplar Point prior
to the adoption of the plan.
(2) Relocation to replacement facilities.--
(A) In general.--To the extent that the District of
Columbia and the Director determine jointly that it is no
longer appropriate for the National Park Service to occupy or
otherwise use any of the facilities and related property
identified under paragraph (1), the plan shall--
(i) identify other suitable facilities and related
property (including necessary easements and utilities
related thereto) in the District of Columbia to which the
National Park Service may be relocated;
(ii) provide that the District of Columbia shall take
such actions as may be required to carry out the
relocation, including preparing the new facilities and
properties and providing for the transfer of such fixtures
and equipment as the Director may require; and
(iii) set forth a timetable for the relocation of the
National Park Service to the new facilities.
(B) Restriction on use of property reserved for park
purposes.--The plan may not identify any facility or property
for purposes of this paragraph which is located on any portion
of Poplar Point which is reserved for park purposes in
accordance with subsection (b).
(3) Consultation required.--In developing each of the elements
of the plan which are required under this subsection, the District
of Columbia shall consult with the Director.
SEC. 303. CONVEYANCE OF REPLACEMENT FACILITIES AND PROPERTIES FOR
NATIONAL PARK SERVICE.
(a) Conveyance of Facilities and Related Properties.--Upon
certification by the Director that the facilities and related property
to which the National Park Service is to be relocated under the land-
use plan under this title (in accordance with section 302(c)) are ready
to be occupied or used by the National Park Service--
(1) the District of Columbia shall convey to the Director all
right, title, and interest at no cost in the facilities and related
property (including necessary easements and utilities related
thereto) to which the National Park Service is to be relocated
(without regard to whether such facilities are located in Poplar
Point); and
(2) the Director shall convey to the District of Columbia all
right, title, and interest in the facilities and related property
which were withheld from the conveyance of Poplar Point under
section 301(b) and from which the National Park Service is to be
relocated.
(b) Restriction on Construction Projects Pending Certification of
Facilities.--
(1) In general.--The District of Columbia may not initiate any
construction project with respect to Poplar Point until the
Director makes the certification referred to in subsection (a).
(2) Exception for projects required to prepare facilities for
occupation by national park service.--Paragraph (1) shall not apply
with respect to any construction project required to ensure that
the facilities and related property to which the National Park
Service is to be relocated under the land-use plan under this title
(in accordance with section 302(c)) are ready to be occupied by the
National Park Service.
SEC. 304. POPLAR POINT DEFINED.
In this title, ``Poplar Point'' means the parcel of land in the
District of Columbia which is owned by the United States and which is
under the administrative jurisdiction of the District of Columbia or
the Director on the day before the date of enactment of this Act, and
which is bounded on the north by the Anacostia River, on the northeast
by and inclusive of the southeast approaches to the 11th Street
bridges, on the southeast by and inclusive of Route 295, and on the
northwest by and inclusive of the Frederick Douglass Memorial Bridge
approaches to Suitland Parkway, as depicted on the Map.
TITLE IV--GENERAL PROVISIONS
SEC. 401. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Administrator'' means the Administrator of
General Services.
(2) The term ``Director'' means the Director of the National
Park Service.
(3) The term ``Map'' means the map entitled ``Transfer and
Conveyance of Properties in the District of Columbia'', numbered
869/80460, and dated July 2005, which shall be kept on file in the
appropriate office of the National Park Service.
(4) The term ``park purposes'' includes landscaped areas,
pedestrian walkways, bicycle trails, seating, opensided shelters,
natural areas, recreational use areas, and memorial sites reserved
for public use.
(5) The term ``Secretary'' means the Secretary of the Interior.
SEC. 402. LIMITATION ON COSTS.
The United States shall not be responsible for paying any costs and
expenses, other than costs and expenses related to or associated with
environmental liabilities or cleanup actions provided under law, which
are incurred by the District of Columbia or any other parties at any
time in connection with effecting the provisions of this Act or any
amendment made by this Act.
SEC. 403. AUTHORIZATION OF PARTIES TO ENTER INTO CONTRACTS.
An officer or employee of the United States or the District of
Columbia may contract for payment of costs or expenses related to any
properties which are conveyed or for which administrative jurisdiction
is transferred under this Act or any amendment made by this Act.
SEC. 404. NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS.
Nothing in this Act or any amendment made by this Act may be
construed to affect or limit the application of or obligation to comply
with any environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
SEC. 405. CONGRESSIONAL REPORTS.
(a) District of Columbia.--Not later than January 31 of each year,
the Mayor of the District of Columbia shall report to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Government Reform, the Committee on Energy and Commerce,
the Committee on Resources, and the Committee on Transportation and
Infrastructure of the House of Representatives on the use and
development during the previous year of land for which title is
conveyed to the District of Columbia and land for which administrative
jurisdiction is transferred to the District of Columbia pursuant to
this Act.
(b) Comptroller General.--The Comptroller General shall report
periodically to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Government Reform, the
Committee on Energy and Commerce, the Committee on Resources, and the
Committee on Transportation and Infrastructure of the House of
Representatives on--
(1) the use and development during the previous 2 years of land
for which title is conveyed and land for which administrative
jurisdiction is transferred pursuant to this Act; and
(2) if applicable, how such use and development complies with
the Anacostia Waterfront Framework Plan referred to in section 103
of the Anacostia Waterfront Corporation Act of 2004 (sec. 2-
1223.03, D.C. Official Code).
(c) Sunset.--This section shall expire 10 years after the date of
enactment of this Act.
SEC. 406. TREATMENT AS PROPERTIES TRANSFERRED TO ARCHITECT OF THE
CAPITOL AS PART OF CAPITOL BUILDINGS AND GROUNDS.
Upon transfer to the Architect of the Capitol of title to, or
administrative jurisdiction over, any property pursuant to this Act,
the property shall be a part of the United States Capitol Grounds and
shall be subject to sections 9, 9A, 9B, 9C, 14, and 16(b) of the Act
entitled ``An Act to define the area of the United States Capitol
Grounds, to regulate the use thereof, and for other purposes''
(relating to the policing of the United States Capitol Grounds) and
sections 5101 to 5107 and 5109 of title 40, United States Code
(relating to prohibited acts within the United States Capitol Grounds).
SEC. 407. DEADLINE FOR PROVISION OF DEEDS AND RELATED DOCUMENTS.
With respect to each property conveyed under this Act or any
amendment made by this Act, the Mayor of the District of Columbia, the
Administrator, or the Secretary (as the case may be) shall execute and
deliver a quitclaim deed or prepare and record a transfer plat, as
appropriate, not later than 6 months after the property is conveyed.
SEC. 408. OMB REPORT.
(a) OMB Report on Surplus and Excess Property.--Not later than 6
months after the date of enactment of this Act, the Director of the
Office of Management and Budget shall submit a report on surplus and
excess government property to Congress including--
(1) the total value and amount of surplus and excess government
property, provided in the aggregate, as well as totaled by agency;
and
(2) a list of the 100 most eligible surplus government
properties for sale and how much they are worth.
(b) Data Sharing Among Federal Agencies.--Not later than 6 months
after the date of enactment of this Act, the Director of the Office of
Management and Budget shall--
(1) develop and implement procedures requiring Federal agencies
to share data on surplus and excess Federal real property under the
jurisdiction of each agency; and
(2) report to Congress on the development and implementation of
such procedures.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.