[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4984 Reported in House (RH)]
<DOC>
Union Calendar No. 329
118th CONGRESS
2d Session
H. R. 4984
[Report No. 118-400, Parts I and II]
To amend the District of Columbia Stadium Act of 1957 to provide for
the transfer of administrative jurisdiction over the Robert F. Kennedy
Memorial Stadium Campus to the Administrator of General Services and
the leasing of the Campus to the District of Columbia for purposes
which include commercial and residential development, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Comer (for himself and Ms. Norton) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committees on Natural Resources, and
Transportation and Infrastructure, 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
February 23, 2024
Additional sponsors: Mr. Clyburn, Mr. LaTurner, Mr. Moskowitz, Mr.
Edwards, Ms. Crockett, Mr. Ciscomani, Mr. Timmons, Ms. Mace, Ms.
Porter, Mr. Donalds, Mr. Fallon, Mr. Langworthy, Mrs. Beatty, Ms. Foxx,
Mr. Self, Mr. Carson, Mr. Thompson of Mississippi, Mr. Goldman of New
York, Mr. Westerman, and Mr. Horsford
February 23, 2024
Reported from the Committee on Natural Resources with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
February 23, 2024
Reported from the Committee on Oversight and Accountability with an
amendment
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
February 23, 2024
Committee on Transportation and Infrastructure discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on July
27, 2023]
_______________________________________________________________________
A BILL
To amend the District of Columbia Stadium Act of 1957 to provide for
the transfer of administrative jurisdiction over the Robert F. Kennedy
Memorial Stadium Campus to the Administrator of General Services and
the leasing of the Campus to the District of Columbia for purposes
which include commercial and residential development, 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 ``D.C. Robert F. Kennedy Memorial
Stadium Campus Revitalization Act''.
SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER RFK MEMORIAL
STADIUM CAMPUS TO DISTRICT OF COLUMBIA.
(a) Exercise of Transfer Authority.--
(1) Transfer.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Interior
(hereafter referred to as the ``Secretary''), acting under the
authority of section 8124 of title 40, United States Code
(except as provided under paragraph (2)), shall transfer
administrative jurisdiction over the Robert F. Kennedy Memorial
Stadium Campus (hereafter referred to as the ``Campus'') to the
District of Columbia (hereafter referred to as the
``District''), subject to a Declaration of Covenants with the
District which is consistent with the succeeding provisions of
this Act and which includes such other terms and conditions as
may be agreed to by the Secretary and the District.
(2) Waiver of requirement for prior recommendation of
national capital planning commission.--The second sentence of
section 8124(a) of title 40, United States Code, shall not
apply to the transfer of administrative jurisdiction over the
Campus under this section.
(3) No effect on status of ownership of campus.--Consistent
with section 8124 of title 40, United States Code, the transfer
of administrative jurisdiction over the Campus under this
section does not change the status of the ownership of the
Campus by the United States.
(b) Development and Uses of Campus.--After transfer of
administrative jurisdiction over the Campus under this section, the
District may develop and use, and permit the development and use of,
the Campus for any of the following purposes:
(1) Stadium purposes, including training facilities,
offices, and other structures necessary to support a stadium.
(2) Commercial and residential development.
(3) Facilities, open space, and public outdoor
opportunities, which may include supporting cultural
activities, educational activities, and recreational
activities, as such terms are defined in section 3306(a) of
title 40, United States Code.
(4) Such other public purposes for which the Campus was
used or approved for use prior to June 1, 1985.
(5) Demolition purposes to facilitate development and use
of the Campus under subparagraphs (1) through (4).
(c) Specific Requirements Relating to Development and Use of
Campus.--The Declaration of Covenants entered into under subsection
(a)(1) shall include provisions to require the District to meet the
following requirements as a condition of the development and use of the
Campus as set forth under subsection (b) after transfer of
administrative jurisdiction over the Campus under this section:
(1) The District shall ensure that the development and use
does not materially degrade or adversely impact any lands under
the jurisdiction of the National Park Service, including the
restoration of the wetlands south of Kingman Island.
(2) The District shall designate, develop, operate, and
maintain at least 30 percent of the Campus (excluding the
riparian area of the Campus as defined in subsection (g)(2)) as
the ``Robert F. Kennedy Memorial Park'' as parks and open space
to provide land for passive and active outdoor recreation and
shall require that portion to be reserved for such purposes for
the duration of the transfer.
(3) The District shall ensure that the development and use
provides for improved public access to the Anacostia River and
shall not interrupt the Anacostia River Trail.
(4) The District shall, to the extent necessary, ensure
that parking facilities are provided to accommodate the
development.
(5) The District shall provide for adequate public safety
and security measures and resources in the planning and ongoing
management of the development.
(6) The District shall carry out measures that, to the
greatest extent practicable, will reduce the impact of noise
and traffic of the development on surrounding residential areas
in the District.
(7) The District shall operate and maintain the riparian
area of the Campus in accordance with subsection (g).
(8) The District shall ensure that no Member of Congress,
Delegate or Resident Commissioner to the Congress, or any other
official of the Government of the United States or the
Government of the District of Columbia shall be admitted to any
share or part of any lease entered into by the District in the
exercise of the administrative jurisdiction over the Campus
transferred under this section, or to any benefit that may
arise therefrom, including any contract or agreement made,
entered into, or accepted by or on behalf of the District as a
result of this section. Nothing in the previous sentence may be
construed to apply to a person who is a shareholder or other
beneficial owner of any publicly held corporation or other
entity, if the lease is for the general benefit of such
corporation or other entity.
(d) Survey.--
(1) Requiring survey.--As soon as practicable after the
date of the enactment of this Act, the District shall conduct a
survey of the Campus, which shall determine the exact acreage
and legal description of the Campus by a boundary survey
prepared by a qualified Federally-, State-, or District-
licensed surveyor who is approved by the Secretary.
(2) Submission to congress.--Upon completion, the survey
conducted under paragraph (1) shall be submitted to--
(A) the Committee on Oversight and Accountability
and the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Energy and
Natural Resources of the Senate.
(3) Incorporation in declaration of covenants for
transfer.--The survey conducted under paragraph (1) shall be
incorporated in the Declaration of Covenants entered into under
subsection (a)(1).
(4) Availability of survey and map for public inspection.--
The survey conducted under paragraph (1), together with the map
of the Campus referred to in subsection (m), shall be kept on
file and available for public inspection in the appropriate
offices of the Secretary.
(e) Memorandum of Understanding.--As a condition of the development
and use of the Campus after transfer of administrative jurisdiction
over the Campus under this section, the Secretary and the District
shall enter into a memorandum of understanding to determine an
allocation of the costs of carrying out all responsibilities of the
United States and the District with respect to the Campus under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), including any costs of any response action with
respect to any contamination present on the Campus.
(f) Costs.--
(1) Costs of transfer.--The District shall be responsible
for payment of any costs of carrying out the transfer of
administrative jurisdiction over the Campus under this section,
including--
(A) any costs of carrying out the survey under
subsection (d); and
(B) any costs of carrying out any environmental
analysis required under Federal law.
(2) Costs after transfer.--Except as provided under the
memorandum of understanding entered into under subsection (e),
the Secretary shall not be responsible for payment of any costs
or expenses that are incurred by the District or any other
party (other than the United States) associated with the Campus
after the transfer of administrative jurisdiction under this
section.
(g) Special Rules for Riparian Area.--
(1) Restriction on development and use.--The Declaration of
Covenants entered into under subsection (a)(1) shall include
provisions to ensure that the riparian area of the Campus may
not be developed or used for any purposes other than the
continuing maintenance of any development, use, or
infrastructure (including roads and pathways) existing at the
time of the execution of the transfer of administrative
jurisdiction over the Campus under this section.
(2) Riparian area of the campus defined.--In this
subsection, the term ``riparian area of the Campus'' means the
area designated in the map referred to in subsection (m) as
``Riparian Area (Area F)''.
(h) Prohibiting Use of Federal Funds for Stadium.--The Declaration
of Covenants entered into under subsection (a)(1) shall include
provisions to ensure that the District may not use Federal funds for
stadium purposes on the Campus, including training facilities, offices,
and other structures necessary to support a stadium.
(i) Term.--The transfer of administrative jurisdiction over the
Campus under this section shall be in effect for a term of not less
than 99 years, and may be renewed for subsequent periods agreed to by
the Secretary and the District.
(j) Reversion of Administrative Jurisdiction.--
(1) Grounds for reversion.--The Declaration of Covenants
entered into under subsection (a)(1) shall include provisions
stating that administrative jurisdiction over the Campus
transferred under this section shall revert to the Secretary if
each of the following occurs:
(A) The terms and conditions of the Declaration of
Covenants have not been complied with, as reasonably
determined by the Secretary.
(B) Such noncompliance has not been corrected
within 90 days after written notice of such
noncompliance has been received by the District. Such
noncompliance shall be treated as corrected if the
District and the Secretary enter into an agreement that
the Secretary finds adequate to ensure that the Campus
will be developed and used in a manner consistent with
the purposes referred to in subsection (b).
(2) Timing.--The Secretary may not seek the reversion of
administrative jurisdiction over the Campus under this
subsection before the expiration of 90 days after the date on
which written notice of the alleged violation is received by
the District. The notice shall include notice of the
Secretary's intention for administrative jurisdiction over the
Campus to revert to the Secretary.
(3) Cost of rehabilitating property.--The Declaration of
Covenants entered into under subsection (a)(1) shall include
provisions requiring the District to bear the actual cost of
removing structures from or rehabilitating the Campus if
administrative jurisdiction over the Campus reverts to the
Secretary under this subsection.
(k) Rule of Construction Related to the Applicability to the
Administrative Jurisdiction Transfer.--Nothing in this section may be
construed to affect or limit the application of or obligation to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(l) Conforming Amendment; Termination of Existing Lease.--Effective
on the date of the transfer of administrative jurisdiction over the
Campus under this section--
(1) the District of Columbia Stadium Act of 1957 (sec. 3-
321 et seq., D.C. Official Code) is repealed; and
(2) the lease dated January 14, 1988, between the United
States and the District for the use of the Campus, as
authorized by section 7(b)(1)(B) of such Act (sec. 3-
326(b)(1)(B), D.C. Official Code), is terminated.
(m) Definition.--In this Act, the term ``Robert F. Kennedy Memorial
Stadium Campus'' means the approximately 174 acres of Federal land as
generally depicted on the map entitled ``Anacostia Park, Robert F.
Kennedy Memorial Stadium Campus - Transfer of Administrative
Jurisdiction'', numbered 831/189,767, and dated January 2024.
Amend the title so as to read: ``A bill to direct the
Secretary of the Interior to transfer administrative
jurisdiction over the Robert F. Kennedy Memorial Stadium Campus
to the District of Columbia so that the District may use the
Campus for purposes including residential and commercial
development, and for other purposes.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``D.C. Robert F. Kennedy Memorial
Stadium Campus Revitalization Act''.
SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER RFK MEMORIAL
STADIUM CAMPUS TO GENERAL SERVICES ADMINISTRATION.
(a) Transfer.--The District of Columbia Stadium Act of 1957 (sec.
3-321 et seq., D.C. Official Code) is amended by adding after section 7
the following new section:
``SEC. 8. TRANSFER OF PROPERTY TO GENERAL SERVICES ADMINISTRATION FOR
LEASE TO DISTRICT OF COLUMBIA.
``(a) Transfer.--
``(1) In general.--Effective on the date of the enactment
of the D.C. Robert F. Kennedy Memorial Stadium Campus
Revitalization Act--
``(A) administrative jurisdiction over the Robert
F. Kennedy Memorial Stadium Campus (hereafter referred
to as the `Campus'), including any improvements and
existing facilities thereon, is transferred at no cost
to the Administrator of General Services (hereafter
referred to as the `Administrator'); and
``(B) the Administrator shall assume the
responsibilities of the Director of the National Park
Service under the lease described in paragraph (3).
``(2) Survey.--
``(A) Requiring survey.--After the transfer of
administrative jurisdiction under paragraph (1), the
Administrator, in consultation with the Secretary of
the Interior (hereafter referred to as the
`Secretary'), shall conduct a survey of the Campus,
which shall determine the exact acreage and legal
description of the Campus by a boundary survey prepared
by a qualified Federally-, State-, or District of
Columbia-licensed surveyor who is approved by the
Administrator.
``(B) Submission to congress.--Upon completion, the
survey conducted under subparagraph (A) shall be
submitted to--
``(i) the Committee on Oversight and
Accountability, the Committee on Natural
Resources, and the Committee on Transportation
and Infrastructure of the House of
Representatives; and
``(ii) the Committee on Homeland Security
and Governmental Affairs, the Committee on
Environment and Public Works, and the Committee
on Energy and Natural Resources of the Senate.
``(C) Availability of survey and map for public
inspection.--The survey conducted under subparagraph
(A), together with the map of the Campus referred to in
subsection (f), shall be kept on file and available for
public inspection in the appropriate offices of the
General Services Administration.
``(3) Lease described.--The lease described in this
paragraph is the lease dated January 14, 1988, between the
United States and the District of Columbia for the use of the
Campus, as authorized by section 7(b)(1)(B) (sec. 3-
326(b)(1)(B), D.C. Official Code).
``(b) New Lease to District of Columbia.--
``(1) Requiring lease; terms and conditions.--Not later
than 180 days after the transfer of administrative jurisdiction
under subsection (a) is completed, the Administrator shall
enter into a lease without consideration with the District of
Columbia under which the District may use the Campus for any of
the following purposes, subject to paragraph (5) and such other
terms and conditions as may be agreed to by the Administrator
and the District:
``(A) Stadium purposes, including training
facilities, offices, and other structures necessary to
support a stadium.
``(B) Commercial and residential development.
``(C) Providing recreational facilities, open
space, and public outdoor recreation opportunities.
``(D) Such other public purposes for which the
Campus was used prior to June 1, 1985.
``(E) Such other public purposes for which the
Campus was approved for use by the Secretary with the
concurrence of the National Capital Planning Commission
prior to June 1, 1985.
``(2) Specific requirements relating to use of campus for
stadium, commercial, or residential development.--The lease
entered into under this subsection shall include provisions to
require the District of Columbia to meet the following
requirements as a condition of using the Campus for stadium,
commercial, or residential development:
``(A) The District shall ensure that the
development or use does not materially degrade or
adversely impact any lands under the jurisdiction of
the National Park Service, including the restoration of
the wetlands south of Kingman Island.
``(B) The District shall designate at least 30
percent of the Campus (excluding the riparian area of
the Campus, as defined in paragraph (5)(B)) as parks,
recreation, or open space.
``(C) The District shall ensure that the
development provides for improved public access to the
Anacostia River and shall not interrupt the Anacostia
River Trail.
``(D) The District shall, to the extent necessary,
ensure that parking facilities are provided to
accommodate the development.
``(E) The District shall provide for adequate
public safety and security measures and resources in
the planning and ongoing management of the development.
``(F) The District shall carry out measures that,
to the greatest extent practicable, will reduce the
impact of noise and traffic on surrounding residential
areas in the District.
``(3) Remittance of costs incurred by administrator.--The
lease entered into under this subsection shall include
provisions to require the District of Columbia to reimburse the
Administrator for any actual costs incurred by the
Administrator in carrying out the lease.
``(4) National environmental policy act.--The District of
Columbia shall be responsible for any obligations under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) in carrying out the lease entered into under this
subsection.
``(5) Special rules for riparian area.--
``(A) Restriction on development and use.--The
riparian area of the Campus may not be developed or
used for any purposes other than the continuing
maintenance of any development, use, or infrastructure
(including roads and pathways) existing at the time of
the transfer of administrative jurisdiction under
subsection (a)(1)(A).
``(B) Riparian area of the campus defined.--In this
section, the term `riparian area of the Campus' means
the area designated in the map referred to in
subsection (f) as `Riparian Area (Area F)'.
``(6) Inclusion of survey.--The Administrator shall
incorporate in the lease entered into under this subsection the
survey conducted under subsection (a)(2).
``(7) Length of lease period.--The lease entered into under
this subsection shall be for a period of 99 years, and may be
renewed for subsequent periods agreed to by the Administrator
and the District of Columbia.
``(8) Termination of prior lease.--Effective on the
entering into of the lease under this subsection, the lease
described in subsection (a)(3) shall terminate.
``(c) Termination of New Lease.--
``(1) Grounds for termination.--The lease entered into
under subsection (b) shall provide for the termination of the
lease prior to its expiration if each of the following occurs:
``(A) The terms and conditions of the lease have
not been reasonably complied with, as determined by the
Administrator.
``(B) Such noncompliance has not been corrected
within 90 days after written notice of such
noncompliance has been received by the District of
Columbia. Such noncompliance shall be treated as
corrected if the District and the Administrator enter
into an agreement, with the concurrence of the National
Capital Planning Commission, which the Administrator
considers adequate to ensure that the Campus will be
used in a manner consistent with the purposes referred
to in subsection (b).
``(2) Timing.--The Administrator may not bring an action
respecting a violation of any term or condition of the lease
entered into under subsection (b) before the expiration of 90
days after the date on which the Administrator has notified the
District of Columbia of the alleged violation. The notice shall
include notice of the Administrator's intention to bring an
action to terminate the lease under paragraph (1).
``(3) Cost of rehabilitating property.--The lease entered
into under subsection (b) shall provide that the District of
Columbia shall bear the actual cost of removing structures from
or rehabilitating the Campus if the lease is terminated under
this subsection.
``(4) Use of property after termination of lease.--Any
property which is the subject of the lease entered into under
subsection (b) shall, if the lease is terminated under this
subsection, be administered as Federal property which may be
considered for sale, lease, or exchange under section 412 of
title IV of Division H of the Consolidated Appropriations Act,
2005 (Public Law 108-447; 118 Stat. 3259), except as follows:
``(A) The riparian area of the Campus (as defined
in subsection (b)(5)(B)) may not be sold, leased, or
exchanged to any non-Federal person.
``(B) The Administrator (or, if the property is
sold, leased, or exchanged, the person to whom the
property is sold, leased, or exchanged) shall ensure
that activities on the property do not materially
degrade or adversely impact any lands under the
jurisdiction of the National Park Service.
``(C) The Administrator (or, if the property is
sold, leased, or exchanged, the person to whom the
property is sold, leased, or exchanged) shall ensure
that at least 30 percent of the property (excluding the
riparian area of the Campus, as defined in subsection
(b)(5)(B)) is maintained for parks, recreation, or open
space.
``(d) Prohibiting Interested Parties From Benefitting From
Development.--No Member of Congress, Delegate or Resident Commissioner
to the Congress, or any other official of the Government of the United
States or the Government of the District of Columbia shall be admitted
to any share or part of the lease entered into under subsection (b) or
to any benefit that may arise therefrom, including any contract or
agreement made, entered into, or accepted by or on behalf of the United
States or the District as a result of such lease. Nothing in the
previous sentence may be construed to apply to a person who is a
shareholder or other beneficial owner of any publicly held corporation
or other entity, if the lease is for the general benefit of such
corporation or other entity.
``(e) Rules of Construction.--Nothing in this section may be
construed--
``(1) to require the Secretary or Administrator to pay any
costs and expenses which are incurred by the District of
Columbia or any other party (other than the United States) at
any time, including in connection with carrying out this
section; or
``(2) to impose on the Administrator any obligations and
liabilities associated with the Campus under environmental
laws, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
``(f) Definition.--In this section, the term `Robert F. Kennedy
Memorial Stadium Campus' means the approximately 174 acres of Federal
land as generally depicted on the map entitled `Anacostia Park, Robert
F. Kennedy Memorial Stadium Proposed Land Transfer', numbered 831/
189,767, and dated September 2023.''.
(b) Conforming Amendment.--Effective on the date of the execution
of the lease between the Administrator and the District of Columbia
required by section 8(b) of the District of Columbia Stadium Act of
1957, as added by subsection (a), section 7 of such Act (sec. 3-326,
D.C. Official Code) is repealed.
Union Calendar No. 329
118th CONGRESS
2d Session
H. R. 4984
[Report No. 118-400, Parts I and II]
_______________________________________________________________________
A BILL
To amend the District of Columbia Stadium Act of 1957 to provide for
the transfer of administrative jurisdiction over the Robert F. Kennedy
Memorial Stadium Campus to the Administrator of General Services and
the leasing of the Campus to the District of Columbia for purposes
which include commercial and residential development, and for other
purposes.
_______________________________________________________________________
February 23, 2024
Reported from the Committee on Natural Resources with amendments
February 23, 2024
Reported from the Committee on Oversight and Accountability with an
amendment
February 23, 2024
Committee on Transportation and Infrastructure discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed