[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3699 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3699
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2005
Mr. Tom Davis of Virginia (for himself, Ms. Norton, and Mr. Van Hollen)
introduced the following bill; which was referred to the Committee on
Government Reform, and in addition to the Committee on Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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 2005''.
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); and
(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).
(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.
(d) Limitation on Environmental Liability.--Notwithstanding any
other provision of law--
(1) the District of Columbia shall not be responsible for
any environmental liability, response action, remediation,
corrective action, damages, costs, or expenses associated with
the property for which title is conveyed to the Administrator
of General Services under this section; and
(2) all environmental liability, responsibility,
remediation, damages, costs, and expenses as required by
applicable Federal, State and local law, including the
Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. 9601 et seq.), the Federal Water
Pollution Control Act (known as Clean Water Act) (33 U.S.C.
1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Rivers
and Harbors Act (33 U.S.C. 540 et seq.), the Toxic Substances
Control Act (15 U.S.C. 2601, et seq.), and the Oil Pollution
Act (33 U.S.C. 2701 et seq.) for such property shall be borne
by the United States, which shall conduct all environmental
activity with respect to such properties, and bear any and all
costs and expenses of any such activity.
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 at
Washington Avenue Southwest.
(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 the District of Columbia shall retain
administrative jurisdiction over the subsurface area beneath
the site 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, and 247.
(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 the entire portion of U.S. Reservation 174 which is
set aside as open space as of the date of the enactment of this
Act shall continue to be set aside as 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 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 OF PORTION OF RFK STADIUM SITE FOR EDUCATIONAL
PURPOSES.
Section 7 of the District of Columbia Stadium Act of 1957 (sec. 3-
326, D.C. Official Code) is amended by adding at the end the following
new subsection:
``(e)(1) Upon receipt of a written description from the District of
Columbia of a parcel of land consisting of not more than 15 contiguous
acres (hereafter in this subsection referred to as `the described
parcel'), with the longest side of the described parcel abutting one of
the roads bounding the property, within the area designated `D' on the
revised map entitled `Map to Designate Transfer of Stadium and Lease of
Parking Lots to the District' and bound by Oklahoma Avenue Northeast,
Benning Road Northeast, the Metro line, and Constitution Avenue
Northeast, and a long-term lease executed by the District of Columbia
that is contingent upon the Secretary's conveyance of the described
parcel and for the purpose consistent with this paragraph, the
Secretary shall convey all right, title, and interest in the described
parcel to the District of Columbia for the purpose of siting,
developing, and operating an educational institution for the public
welfare, with first preference given to a pre-collegiate public
boarding school.
``(2) Upon conveyance under paragraph (1), the portion of the
stadium lease that affects the described parcel and all the conditions
associated therewith shall terminate, the described parcel shall be
removed from the `Map to Designate Transfer of Stadium and Lease of
Parking Lots to the District', and the long-term lease described in
paragraph (1) shall take effect immediately.''.
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 in
Poplar Point prior to the adoption of the land-use plan referred to in
subsection (a), as identified in such land-use plan in accordance with
section 302(c).
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, and shall provide that any person (including an individual
or a public entity) shall have standing to enforce the requirement.
(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 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 ``Secretary'' means the Secretary of the
Interior.
SEC. 402. LIMITATION ON ENVIRONMENTAL LIABILITY.
Notwithstanding any other provision of law--
(1) the United States shall not be responsible for any
environmental liability, response action, remediation,
corrective action, damages, costs, or expenses associated with
any property for which title is conveyed to the District of
Columbia under this Act or any amendment made by this Act; and
(2) all environmental liability, responsibility,
remediation, damages, costs, and expenses as required by
applicable Federal, state and local law, including the
Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. 9601 et seq.), the Federal Water
Pollution Control Act (known as Clean Water Act) (33 U.S.C.
1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Rivers
and Harbors Act (33 U.S.C. 540 et seq.), the Toxic Substances
Control Act (15 U.S.C. 2601, et seq.), and the Oil Pollution
Act (33 U.S.C. 2701 et seq.) for any such property shall be
borne by the District of Columbia, which shall conduct all
environmental activity with respect to such properties, and
bear any and all costs and expenses of any such activity.
SEC. 403. LIMITATION ON COSTS.
The United States shall not be responsible for paying any costs and
expenses 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, including costs and expenses associated
with surveys, zoning, land-use processes, transfer taxes, recording
taxes, recording fees, as well as the costs associated with the
relocation of the National Park Service to replacement facilities
required under the land-use plan for Poplar Point described in section
302(c)(2).
SEC. 404. 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.
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