Text: H.R.1508 — 104th Congress (1995-1996)All Information (Except Text)
Public Law No: 104-163 (07/19/1996)
[104th Congress Public Law 163]
[From the U.S. Government Printing Office]
NATIONAL CHILDREN'S ISLAND ACT OF 1995
[[Page 110 STAT. 1416]]
Public Law 104-163
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. <<NOTE: July 19, 1996 - [H.R. 1508]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Children's Island Act of 1995.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Children's Island Act of
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
(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
[[Page 110 STAT. 1417]]
of the United States in and to the Islands. Unbudgeted actual costs
incurred by the Secretary for such transfer shall be borne by the
District. The District may seek reimbursement from any third party for
(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
(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, 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
(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
[[Page 110 STAT. 1418]]
(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
(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
(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
[[Page 110 STAT. 1419]]
this project in full compliance with all applicable provisions of the
National Environmental Policy Act of 1969.
SEC. 5. EFFECT OF PROPERTY TRANSFER.
(a) Effect of Property Transfer.--Upon the transfer of the Islands
to the District pursuant to this Act:
(1) The Transfer of Jurisdiction concerning the Islands from
the National Park Service to the District dated February 1993,
as set out on the plat map recorded in the Office of the
Surveyor of the District as S.O. 92-252 and as approved by the
Council of the District by Resolution 10-91, shall become null
and void and of no further force and effect, except for the
references in this Act to paragraphs 3 and 11 of the legend on
(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
(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
(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.
[[Page 110 STAT. 1420]]
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.
Approved July 19, 1996.
LEGISLATIVE HISTORY--H.R. 1508:
HOUSE REPORTS: No. 104-277, Pt. 1 (Comm. on Resources).
Vol. 141 (1995):
Oct. 30, considered and passed
Vol. 142 (1996):
June 28, considered and passed
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
July 19, Presidential statement.