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109th Congress                                            Rept. 109-316
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
 FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2005

                                _______
                                

               November 18, 2005.--Ordered to be printed

                                _______
                                

  Mr. Tom Davis of Virginia, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3699]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Government Reform, to whom was referred the 
bill (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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     7
Section-by-Section...............................................     8
Explanation of Amendments........................................    14
Committee Consideration..........................................    15
Rollcall Votes...................................................    15
Application of Law to the Legislative Branch.....................    15
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    15
Statement of General Performance Goals and Objectives............    15
Constitutional Authority Statement...............................    15
Federal Advisory Committee Act...................................    15
Unfunded Mandate Statement.......................................    15
Committee Estimate...............................................    16
Budget Authority and Congressional Budget Office Cost Estimate...    16
Changes in Existing Law Made by the Bill as Reported.............    17

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.--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:
          (1) An unimproved portion of Audubon Terrace Northwest, 
        located east of Linnean Avenue Northwest, that is within U.S. 
        Reservation 402 (National Park Service property).
          (2) An unimproved portion of Barnaby Street Northwest, north 
        of Aberfoyle Place Northwest, that abuts U.S. Reservation 545 
        (National Park Service property).
          (3) 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).
          (4) Unimproved streets and alleys at Fort Circle Park located 
        within the boundaries of U.S. Reservation 497 (National Park 
        Service property).
          (5) An unimproved portion of Western Avenue Northwest, north 
        of Oregon Avenue Northwest, that abuts U.S. Reservation 339 
        (National Park Service property).
          (6) An unimproved portion of 17th Street Northwest, south of 
        Shepherd Street Northwest, that abuts U.S. Reservation 339 
        (National Park Service property).
          (7) 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).
          (8) 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.
  (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.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 3699 authorizes the exchange of certain land parcels 
between the federal government (the General Services 
Administration (GSA) and the Department of Interior's National 
Park Service (NPS)) and the District of Columbia.

                  BACKGROUND AND NEED FOR LEGISLATION

    Recognizing the Federal government's special relationship 
with the District of Columbia, the Bush Administration proposed 
the transference of land between the two jurisdictions. The 
Administration stated that ``the Federal Government has a 
unique relationship with the District of Columbia and shares 
responsibility to ensure the Nation's capital is one of the 
great cities of the world. This proposal advances that 
important Federal interest''. The proposal was submitted to 
Congress on July 15, 2005 with the strong support of the 
District.
    Congressman Tom Davis, Chairman of the Committee on 
Government Reform introduced H.R. 3699 authorizing the exchange 
of certain land parcels between the General Services 
Administration, the Secretary of the Interior and the District 
of Columbia.
    The legislation as introduced would authorize the following 
transfers:
           NPS would transfer administrative 
        jurisdiction of 7 parcels to the District of Columbia.
           NPS would convey title of 9 properties to 
        the District.
           The District would transfer administrative 
        jurisdiction of 8 properties to NPS.
           The District would convey title of 2 
        properties to NPS.
           GSA would convey title of 2 properties to 
        the District.
           The District would convey title to GSA 
        buildings located on the campus of St. Elizabeths.
    The transference of land would allow the District to 
further develop the lands to increase the city's tax base and 
decrease its financial dependence on the Federal government. 
The potential impact to the city could be significant. The 
District hopes to develop parcels of land to enhance economic 
revitalization in the District, build neighborhoods, and 
develop park areas to improve the quality of life for D.C. 
residents and those who visit and work in the Nation's Capital. 
This revitalization would contribute to the advancement of the 
Nation's capitol as a healthy and vibrant city.
    In some cases, the District has administrative jurisdiction 
over certain parcels, allowing the District to develop, 
operate, and manage the parcels. Under a transfer of 
jurisdiction, the transferor retains ownership of the property 
while the transferee may be given authority to administer and 
maintain (manage) the property. Title to property allows the 
owner to possess, control and assert all rights over the 
property. With regard to Reservation 13, the District has been 
the sole user of the property since 1848 and was given 
administrative control of Reservation 13 on October 25, 2002. 
All improvements on Reservation 13 have been constructed and 
maintained by the District. The conveyance would allow the 
District all rights to expand governmental services and 
facilities already located on the site
    In addition, many of the parcels in H.R. 3699 are 
underutilized or have been neglected. The transfers would help 
the Department of Interior and the General Services 
Administration manage their properties to preserve and protect 
public lands for future generations by reducing maintenance 
backlogs. The federal government spends billions of dollars to 
maintain land and yet some properties are in disrepair or lack 
adequate infrastructure. This proposal would remove properties 
in the District from the Federal government's portfolio that 
are not providing substantial value to the Federal government 
or are an unnecessary burden to maintain, enabling taxpayer 
dollars to be spent maintaining properties that are of use to 
the Federal government.

                           Section-by-Section


Section 1. Short title

    This section designates the title of the bill 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


Section 101. Exchange of title over Reservation 13 and certain other 
        properties

    This section requires the General Services Administration 
(GSA) to convey Reservation 13 and the Old Naval Hospital to 
the District of Columbia (the District). Reservation 13 
consists of 65 acres in southeast Washington, D.C. It is bound 
on the west by 19th Street, on the north by Independence 
Avenue, on the south by Congressional Cemetery, and on the east 
by a Park Service property known as Reservation 343 which 
extends to the Anacostia River. The property was acquired by 
the government in 1798 with the layout and creation of the 
District of Columbia and held as a reservation since that time.
    Although owned in fee by the federal government, 
Reservation 13 has been used, improved, operated, and 
maintained by the government of the District of Columbia since 
the 1840's. The site has been used, and continues to be used, 
as the location for such installations as a hospital, sewage 
treatment plant, morgue, and correctional facility. On- site 
buildings and infrastructure were authorized by Congress to be 
located on the site in legislation funding their construction.
    The property was transferred to the District on October 25, 
2002 without reimbursement pursuant to FPMR 101-47.203 (now FMR 
102-75.75), which covers federal transfers and specifically 
cites the District's eligibility for such transactions. 
Although custody and accountability for the property was 
transferred to the District, title remains vested in the United 
States. Therefore, under its current status, the District 
cannot sell the property.
    The conveyance of Reservation 13 is subject to existing 
matters of record, including a reservation of title for a 
national commemorative work and for the extension of 
Massachusetts Avenue. The conveyance also stipulates that the 
Court Services and Offender Supervision Agency for the District 
of Columbia, a federal agency, has the right to remain on the 
site.
    The Old Naval Hospital consist of 0.705 acre in southeast 
Washington, D.C. It is bound by Pennsylvania Avenue on the 
north, E Street on the south, 9th Street on the west, and 10th 
Street on the east. The property has been unused for a number 
of years, but is still structurally sound and in need of 
substantial rehabilitation. The land was acquired by the 
government between 1821 and 1865. Construction of the existing 
structures began 1862 and was completed in 1866. It was 
operated by the Navy as a hospital from 1866 to 1922 when 
Congress authorized the Navy to lease the property to a non-
profit organization to house indigent sailors and soldiers. In 
1961 it was closed and reported excess by the Navy to GSA for 
further federal use or disposal. In April 1962, jurisdiction 
was transferred to the District of Columbia under 40 U.S.C. 
122. The District of Columbia holds custody and accountability 
for the property by virtue of the Transfer of Jurisdiction, but 
the United States retains title to the land. The property was 
cited by the D.C. Joint Commission on Landmarks, and included 
on the National Register of Historic Places in 1974.
    The District is to convey to GSA five buildings on the West 
Campus of St. Elizabeths Hospital. The District is not 
responsible for any environmental liability, response action, 
remediation, corrective action, damages, costs, or expenses of 
the property transferred to the United States. The United 
States is required to conduct all environmental activity with 
respect to the property, and bear any and all costs and 
expenses of any such activity. On the date on which the 
District conveys to GSA all right, title, and interest in these 
properties, GSA is to convey Reservation 13 and the Old Naval 
Hospital to the District of Columbia.

Section 102. Termination of claims

    This section is intended to supersede pending claims 
against the United States and certain agencies of the United 
States for performance or reimbursement as described below. The 
section provides that neither the United States nor any of its 
agencies, officers, or employees are obligated to the District 
to perform, or to reimburse the cost of: (1) repairs or 
renovations pursuant to the St. Elizabeths Hospital and 
District of Columbia Mental Health Services Act (24 U.S.C. 225 
et seq); (2) preservation, maintenance, or repair pursuant to a 
use permit under which the Department of Health and Human 
Services granted permission to the District to occupy portions 
of the West Campus of St. Elizabeths; or (3) mental health 
diagnostic and treatment services for referrals as described in 
the St. Elizabeths Hospital and District of Columbia Mental 
Health Services Act, up to and including the effective date of 
this Act, but not subsequent to that date.

Title II--Streamlining management of properties located in the District 
                              of Columbia


Section 201. Transfer of administrative jurisdiction over certain 
        properties

    The following properties are proposed for transfer or 
conveyance between the District of Columbia and the Secretary 
of the Interior for administration by the National Park 
Service.
    Unimproved portion of Audubon Terrace, NW: This is 
unimproved wooded property encumbered by an un-built street 
right-of-way within NPS parkland. The transfer would provide 
continuity of management by NPS.
    Unimproved portion of Barnaby Street, NW: This is 
unimproved wooded property encumbered by an un-built street 
right-of-way within NPS parkland. The transfer would provide 
continuity of management by NPS.
    Portions of Canal Street, SW and V Street, SW: This is 
unimproved property encumbered by an un-built street right-of-
way which abuts NPS parkland. The transfer would facilitate 
implementation of approved plan to enhance existing NPS 
concession-operated marina.
    Unimproved Streets and Alleys at Fort Circle Park: This is 
unimproved wooded property encumbered by several contiguous un-
built street rights-of-way within NPS parkland. The transfer 
would provide continuity of management by NPS.
    Unimproved portion of Western Avenue, NW: This is 
unimproved property encumbered by an un-built street right-of-
way within NPS parkland. The transfer would provide continuity 
of management by NPS.
    Unimproved portion of 17th Street, NW: This is unimproved 
wooded property encumbered by an un-built street right-of-way 
abutting NPS parkland. The transfer would provide continuity of 
management by NPS.
    Unimproved portion of 30th Street, NW: This is unimproved 
wooded property encumbered by an un-built street right-of-way 
within NPS parkland. The transfer would provide continuity of 
management by NPS.
    Portion of Whitehaven Parkway, NW: This is property that 
was previously transferred to the District for a proposed 
mayoral residence never built at this location. The transfer 
would provide continuity of management by NPS.
    On the date of enactment, administrative jurisdiction of 
nine specified properties owned by the United States and 
depicted on the Map is transferred from the District of 
Columbia to the Secretary of the Interior (the Secretary) for 
administration by the National Park Service (NPS).
    Also on the day of enactment, administrative jurisdiction 
of seven specified properties owned by the United States will 
be transferred to the District. The following properties are to 
be transferred from the Secretary to the District of Columbia:
    Portion of U.S. Reservation 451: This parkland is 
encumbered with a one-block section of Gallatin Street, NW, 
which provides access to an existing District public works 
facility.
    Portion of U.S. Reservation 404: This property is beneath 
Canal Road, NW, and is currently the subject of a right-of-way 
permit to the District. This transfer would provide the 
District with the requisite interest to adequately operate and 
maintain the existing roadway.
    U.S. Reservations 44, 45, 46, 47, 48 and 49: This parkland 
at Eastern Market is contiguous to the Eastern Market Metro 
Station. The transfer would allow the District to rehabilitate 
and enhance the northern limits of a newly renovated commercial 
strip along 8th Street, SE.
    U.S. Reservation 251: This property is at 8th, SE and M 
Street, SE. This transfer would allow the District to 
rehabilitate and enhance the southern terminus of a newly 
renovated commercial strip along 8th Street, SE.
    U.S. Reservation 8: This property at Mount Vernon Square 
surrounds the City Museum (Carnegie Library), which is owned by 
the District. This transfer would provide uniform ownership and 
more efficient management of the entire Square by the District.
    U.S. Reservations 277A and 277C: These properties are 
located at North Capitol Street and Florida Avenue, NW, and at 
North Capitol Street and Lincoln Road, NE. Through a 
misunderstanding, the District issued permits to local 
community groups authorizing the landscaping of these 
properties. The transfer would provide continuity of management 
for the District.
    Portion of U.S. Reservation 470: This Fort Reno Park 
property contains a salt dome and leaf collection and storage 
operation that the District has operated under permits from the 
NPS for many years. This transfer would provide the District 
with the proper interest in the property to administer and 
maintain new facilities at this location.

Section 202. Exchange of title over certain properties

    This section requires the Secretary, on the date on which 
the District conveys to the Secretary all right, title, and 
interest in two specified properties, to convey to the District 
all right, title, and interest to six specified properties.
    The following two properties are to be conveyed by the 
District of Columbia to the Secretary:
    Lovers Lane, NW: This property is a one-block long former 
roadway located adjacent to Montrose Park and Dumbarton Oaks, 
which is owned by Harvard University. The conveyance would 
facilitate elimination of the unused roadbed and would provide 
NPS and Dumbarton Oaks with sufficient interests to perform 
maintenance along walls and other park facilities along the 
roadway.
    Needwood, Niagara and Pitt Streets: This property is a 
former street rights-of-way and has been occupied by the 
Chesapeake and Ohio Canal since the 19th century. The 
conveyance would provide the NPS with sufficient interests to 
manage portions of the Chesapeake and Ohio Canal National 
Historical Park in Georgetown.
    The following six properties are to be conveyed by the 
Secretary to the District of Columbia:
    U.S. Reservation 17A: This former trash transfer site was 
transferred to the District for trash disposal purposes in 
1947. Conveyance of title would permit the District to 
implement the approved Near Southeast Redevelopment Plan.
    U.S. Reservation 484: This property at Randall School and 
park was transferred to the District for recreation purposes in 
1973. Conveyance of title would permit redevelopment of South 
Capitol Street by the District.
    U.S. Reservations 243, 244, 245, and 247: These triangles 
at Potomac Avenue were transferred to the District for highway 
purposes in 1944. Conveyance of title would permit development 
in conjunction with the proposed baseball stadium.
    U.S. Reservations 128, 129, 130, 298 and 299: These 
triangles are located at Virginia Avenue. Conveyance of title 
would allow the District to reconfigure the small triangles 
into useable open space in conjunction with redevelopment of 
adjacent private property in accordance with the Anacostia 
Waterfront Plan.
    Portions of U.S. Reservations 343D and 343E: This narrow 
stretch of Anacostia Park at 11th Street, SE, is occupied by 
District Public Works facilities, U.S. Corps of Engineers 
facilities, District Water and Sewer facilities, Anacostia 
Community Boathouse Association, Inc., Washington Yacht Club, 
District Yacht Club, Eastern Power Boat Club, Seafarers Boat 
Club and the Anacostia Marina. Conveyance of title to the 
District provides the opportunity for the District to redevelop 
and enhance the marina. This cannot be achieved under NPS 
authorities.
    U.S. Reservations 721, 722, and 723: These three small 
reservations at Waterside Mall were created as urban parks as 
part of the southwest urban renewal in the 1970s. Conveyance of 
title would provide the District with an opportunity to 
reconfigure the property in the private redevelopment of 
Waterside Mall, including the reopening of 4th Street.

Section 203. Conveyance of United States Reservation 174

    This section requires the Secretary to convey U.S. 
Reservation 174 to the District of Columbia. This 13,500 square 
foot reservation at New York Avenue and 11th Street, NW, was 
transferred to the District in the 1970s as part of the site 
for the Old Convention Center with the condition that it was to 
remain as open space adjacent to the structure. Conveyance of 
title to the District would be conditioned upon the District 
completing afinal plan for the Old Convention Center site 
through a public planning process, the plan considering an alternative 
that maintains U.S. 174 as open space, and the final plan including 
1.25 acres of open space. During the planning process, the District 
must consider an alternative that will maintain the open space on U.S. 
Reservation 174. This alternative can involve building space 
constructed underneath U.S. Reservation 174.

Section 204. Conveyance of portion of RFK Stadium site for educational 
        purposes

    This section requires the Secretary to convey no more than 
15 contiguous acres within NPS land surrounding Robert F. 
Kennedy Memorial Stadium to the District for the purpose of 
siting, developing, and operating an educational institution 
for the public welfare, with the first preference given to a 
pre-collegiate public boarding school. The conveyance is to 
occur upon receipt by the Secretary of: (1) a written 
description of the land from the District to be conveyed; and 
(2) a long term lease executed by the District that is 
contingent upon the Secretary's conveyance of the described 
parcel for the identified purpose. Upon conveyance, the portion 
of the existing stadium lease for the described parcel and all 
the conditions associated with it will terminate.

                        Title III--Poplar Point


Section 301. Conveyance of Poplar Point to District of Columbia

    Poplar Point, located on the east side of the Anacostia 
River, comprises approximately 100 acres of Anacostia Park. It 
contains the NPS headquarters for National Capital Parks-East 
and the U.S. Park Police Anacostia Operations and Helicopter 
facilities. Conveyance of title to the District would permit 
redevelopment of the property by the District consistent with 
the Anacostia Waterfront Framework Plan, dated November 2003. 
The conveyance is subject to a number of terms, including those 
related to a deed restriction that 70 acres be used for park 
purposes, the completion of a land-use plan, the setting aside 
of sites for potential memorials, and the relocation of 
existing NPS facilities.
    Upon completion of the land-use plan, the District is 
required to transmit to the Secretary a copy of the plan along 
with all the information necessary for the Secretary to certify 
the plan. This section requires the Secretary, upon receipt 
from the District of written acceptance of specified terms and 
conditions, to convey all right, title and interest in Poplar 
Point to the District.

Section 302. Requirements for Poplar Point land-use plan

    The District will complete a land-use plan for Poplar Point 
that: (a) identifies a minimum of 70 acres, including wetlands, 
to be maintained in perpetuity for park purpose; (b) is 
consistent, where possible, with the Anacostia Waterfront 
Framework Plan; (c) sets aside at least two sites, within the 
areas designated for park purposes, for potential memorials; 
and (d) includes a commitment by the District to convey back 
those sited to the NPS at the appropriate time, as determined 
by the Secretary.
    The deed conveying Poplar Point must reserve to the United 
States all right, title, and interest, at no cost, in existing 
facilities at Poplar Point and all necessary easements for 
access and utilities. The United States, acting by and through 
the NPS, is to continue to own, control, and access the 
existing facilities until the District provides replacement 
facilities and the NPS has relocated to the replacement 
facilities. Upon completion of the relocation of the NPS to the 
replacement facilities, the Secretary must convey to the 
District, in a separate deed, all right, title, and interest in 
the existing facilities and all necessary easements for access 
that were reserved to the United States.

Section 303. Conveyance of replacement facilities and properties for 
        National Park Service

    No construction, other than construction related to the 
provision of replacement facilities can commence on Poplar 
Point until the District and the Secretary agree, in writing, 
on suitable replacement facilities. The agreement must specify 
the location of the replacement facilities and a timetable by 
which the District will complete the relocation of the NPS to 
the replacement facilities.
    The District must provide to the Secretary, at no cost, 
suitable replacement facilities, as determined jointly by the 
District and the Secretary, and relocate the NPS to those 
facilities.
    The NPS may move any fixtures or equipment from the 
existing facilities for the use at the replacement facilities.

Section 304. Poplar Point defined

    This section defines the boundaries of Poplar Point.

                      Title IV--General provisions


Section 401. Definitions

    This section defines certain terms used in this Act.

Section 402. Limitation on environmental liability

    This section provides that, notwithstanding any other 
provision of law, the United States is not responsible for any 
environmental liability, response action, remediation, 
corrective action, damages, costs, or expenses of the property 
transferred to the District. The District is required to 
conduct all environmental activity with respect to the 
property, and bear any and all costs and expenses of any such 
activity.

Section 403. Limitation on costs

    The section stipulates that the United States is not 
responsible for paying any costs and expenses incurred by the 
District or any parties in connection with effecting the 
provisions of this title. Such costs included, but are not 
limited to, costs and expenses associated with zoning, land-use 
process, transfer taxes, recording taxes or recording fees.

Section 404. Deadline for provision of deeds and related documents

    This section requires the District, GSA, and the Secretary, 
must provide a quitclaim deed to the other for the property for 
each of the properties conveyed within six months after the 
conveyance.

                       Explanation of Amendments

    The provisions of the substitute are explained in the 
descriptive portions of this report.

                        Committee Consideration

    On September 29, 2005, the Committee met in open session 
and ordered reported favorably the bill, H.R. 3699, as amended, 
by voice vote, a quorum being present.

                             Rollcall Votes

    No rollcall votes were held.

              application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill authorizes the exchange of certain land parcels 
between the federal government and the District of Columbia.
    Legislative branch employees and their families, to the 
extent that they are otherwise eligible for the benefits 
provided by this legislation, have equal access to its 
benefits.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 3699. Article I, Section 8, Clauses 17 and 18 
of the Constitution of the United States grant the Congress the 
power to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the reported include unfunded mandates. In 
compliance with this requirement the Committee has received a 
letter from the Congressional Budget Office included herein.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3699. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 3699 from the Director of 
Congressional Budget Office:

                                                  October 12, 2005.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3699, the Federal 
and District of Columbia Real Property Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 3699--Federal and District of Columbia Real Property Act of 2005

    H.R. 3699 would authorize the exchange of 29 parcels of 
land between the federal government and the District of 
Columbia. CBO estimates that enacting H.R. 3699 would not 
significantly affect the federal budget. The bill contains an 
intergovernmental mandate as defined in the Unfunded Mandates 
Reform Act (UMRA) because it would terminate certain claims of 
the District of Columbia against the United States. CBO 
estimates, however, that the cost of this mandate would not 
exceed the threshold established in UMRA ($62 million in 2005, 
adjusted annually for inflation). The land exchanges authorized 
by this bill generally would benefit the District, and any 
costs it would incur to fulfill the conditions of those 
exchanges would be incurred voluntarily. The bill would impose 
no other costs on any state, local, or tribal government.
    Under the bill, the District of Columbia would get title to 
nine National Park Service (NPS) and two General Services 
Administration (GSA) properties, including 66 acres around the 
site of the former D.C. General Hospital, Poplar Point 
(approximately 100 acres on the east side of the Anacostia 
River adjacent to the 11th Street Bridge), 15 acres of the 
Robert F. Kennedy Stadium parking lot, and four other small 
Potomac Avenue parcels (to permit development of the proposed 
baseball stadium in southeast Washington). The District of 
Columbia would also gain administrative jurisdiction (which 
includes administration and maintenance, but not title) over 
seven smaller NPS properties.
    In exchange, the NPS would gain administrative jurisdiction 
over eight properties and title to two others. GSA would gain 
title to five buildings on the west campus of St. Elizabeth's 
Hospital in southeast Washington. In addition, as part of the 
exchange, the United States would gain release from all current 
claims by the District regarding St. Elizabeth's Hospital, and 
the District would cover all costs associated with the 
relocation of federal facilities currently located at Poplar 
Point (headquarters of the National Capital Parks-East and the 
U.S. Park Police Anacostia Operations and Helicopter 
Facilities).
    CBO estimates that conveying those federal properties to 
the District would not affect offsetting receipts because NPS 
and GSA have no plans for declaring the affected properties 
excess to their needs and selling them. In addition, the 
properties generate no significant receipts that could be lost 
as a result of the exchange.
    Enacting H.R. 3699 could result in savings to the federal 
government from the release of all current claims by the 
District regarding St. Elizabeth's Hospital, but at present, 
such claims have not been adjudicated and CBO cannot estimate 
the value of such savings, if any.
    The CBO staff contacts for federal costs are Matthew 
Pickford and Deborah Reis. The CBO staff contact for the 
intergovernmental impact is Marjorie Miller. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

       SECTION 7 OF THE DISTRICT OF COLUMBIA STADIUM ACT OF 1957


SEC. 7. TITLE TO STADIUM TO VEST IN UNITED STATES; DATE; CONVEYANCE AND 
                    LEASE TO DISTRICT OF COLUMBIA; NON-TRANSFERABILITY; 
                    USES OF PROPERTY; REVERSION FOR NONCOMPLIANCE.

  (a) * * *

           *       *       *       *       *       *       *

  (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.