[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1838 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1838

   To provide for the sale, acquisition, conveyance, and exchange of 
  certain real property in the District of Columbia to facilitate the 
 utilization, development, and redevelopment of such property, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

 Mr. Voinovich (for himself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To provide for the sale, acquisition, conveyance, and exchange of 
  certain real property in the District of Columbia to facilitate the 
 utilization, development, and redevelopment of such property, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal and District of Columbia 
Government Real Property Act of 2005''.

    TITLE I--REAL PROPERTY CONVEYANCES BETWEEN THE GENERAL SERVICES 
              ADMINISTRATION AND THE DISTRICT OF COLUMBIA

SEC. 101. EXCHANGE OF TITLE OVER RESERVATION 13 AND CERTAIN OTHER 
              PROPERTIES.

    (a) Conveyance of Properties.--
            (1) In general.--On the date on which the District of 
        Columbia conveys to the Administrator of General Services all 
        right, title, and interest of the District of Columbia in the 
        property described in subsection (c), the Administrator shall 
        convey to the District of Columbia all right, title, and 
        interest of the United States in--
                    (A) U.S. Reservation 13, subject to the conditions 
                described in subsection (b); and
                    (B) Old Naval Hospital.
            (2) Properties defined.--In this section--
                    (A) the term ``U.S. Reservation 13'' means that 
                parcel of land in the District of Columbia consisting 
                of the approximately 66 acres which is bounded on the 
                north by Independence Avenue Southeast, on the west by 
                19th Street Southeast, on the south by G Street 
                Southeast, and on the east by United States Reservation 
                343, and being the same land described in the Federal 
                transfer letter of October 25, 2002, from the United 
                States to the District of Columbia, and subject to 
                existing matters of record; and
                    (B) the term ``Old Naval Hospital'' means the 
                property in the District of Columbia consisting of 
                Square 948 in its entirety, together with all the 
                improvements thereon.
    (b) Conditions for Conveyance of Reservation 13.--As a condition 
for the conveyance of U.S. Reservation 13 to the District of Columbia 
under this section, the District of Columbia shall agree--
            (1) to set aside a portion of the property for the 
        extension of Massachusetts Avenue Southeast and the placement 
        of a potential commemorative work to be established pursuant to 
        chapter 89 of title 40, United States Code, at the terminus of 
        Massachusetts Avenue Southeast (as so extended) at the 
        Anacostia River;
            (2) to convey all right, title, and interest of the 
        District of Columbia in the portion set aside under paragraph 
        (1) to the Secretary of the Interior (acting through the 
        Director of the National Park Service) at such time as the 
        Secretary may require, if a commemorative work is established 
        in the manner described in paragraph (1); and
            (3) to permit the Court Services and Offender Supervision 
        Agency for the District of Columbia to continue to occupy a 
        portion of the property consistent with the requirements of the 
        District of Columbia Appropriations Act, 2002 (Public Law 107-
        96; 115 Stat. 931).
    (c) District of Columbia Property to Be Conveyed to the 
Administrator.--The property described in this subsection is the real 
property consisting of Building Nos. 16, 37, 38, 118, and 118-A and 
related improvements, together with the real property underlying those 
buildings and improvements, on the West Campus of Saint Elizabeths 
Hospital, as described in the quitclaim deed of September 30, 1987, by 
and between the United States and the District of Columbia and recorded 
in the Office of the Recorder of Deeds of the District of Columbia on 
October 7, 1987.
    (d) Limitation on Environmental Liability.--Notwithstanding any 
other provision of law--
            (1) the District of Columbia shall not be responsible for 
        any environmental liability, response action, remediation, 
        corrective action, damages, costs, or expenses associated with 
        the property for which title is conveyed to the Administrator 
        of General Services under this section; and
            (2) all environmental liability, responsibility, 
        remediation, damages, costs, and expenses as required by 
        applicable Federal, State and local law, including the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act (42 U.S.C. 9601 et seq.), the Federal Water 
        Pollution Control Act (known as Clean Water Act) (33 U.S.C. 
        1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the 
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Rivers 
        and Harbors Act (33 U.S.C. 540 et seq.), the Toxic Substances 
        Control Act (15 U.S.C. 2601, et seq.), and the Oil Pollution 
        Act (33 U.S.C. 2701 et seq.) for such property shall be borne 
        by the United States, which shall conduct all environmental 
        activity with respect to such properties, and bear any and all 
        costs and expenses of any such activity.

SEC. 102. TERMINATION OF CLAIMS.

    (a) In General.--Notwithstanding any other provision of law, the 
United States is not required to perform, or to reimburse the District 
of Columbia for the cost of performing, any of the following services:
            (1) Repairs or renovations pursuant to section 4(f) of the 
        Saint Elizabeths Hospital and District of Columbia Mental 
        Health Services Act (24 U.S.C. 225b(f); sec. 44-903(f), D.C. 
        Official Code).
            (2) Preservation, maintenance, or repairs pursuant to a use 
        permit executed on September 30, 1987, under which the United 
        States (acting through the Secretary of Health and Human 
        Services) granted permission to the District of Columbia to use 
        and occupy portions of the Saint Elizabeths Hospital property 
        known as the ``West Campus''.
            (3) Mental health diagnostic and treatment services for 
        referrals as described in section 9(b) of the Saint Elizabeths 
        Hospital and District of Columbia Mental Health Services Act 
        (24 U.S.C. 225g(b); sec. 44-908(b), D.C. Official Code), but 
        only with respect to services provided on or before the date of 
        the enactment of this Act.
    (b) Effect on Pending Claims.--Any claim of the District of 
Columbia against the United States for the failure to perform, or to 
reimburse the District of Columbia for the cost of performing, any 
service described in subsection (a) which is pending as of the date of 
the enactment of this Act shall be extinguished and terminated.

TITLE II--STREAMLINING MANAGEMENT OF PROPERTIES LOCATED IN THE DISTRICT 
                              OF COLUMBIA

SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN 
              PROPERTIES.

    (a) Transfer of Administrative Jurisdiction From District of 
Columbia to United States.--
            (1) In general.--Administrative jurisdiction over each of 
        the following properties (owned by the United States and as 
        depicted on the Map) is hereby transferred, subject to the 
        terms in this subsection, from the District of Columbia to the 
        Secretary of the Interior for administration by the Director:
                    (A) An unimproved portion of Audubon Terrace 
                Northwest, located east of Linnean Avenue Northwest, 
                that is within U.S. Reservation 402 (National Park 
                Service property).
                    (B) An unimproved portion of Barnaby Street 
                Northwest, north of Aberfoyle Place Northwest, that 
                abuts U.S. Reservation 545 (National Park Service 
                property).
                    (C) A portion of Canal Street Southwest, and a 
                portion of V Street Southwest, each of which abuts U.S. 
                Reservation 467 (National Park Service property).
                    (D) Unimproved streets and alleys at Fort Circle 
                Park located within the boundaries of U.S. Reservation 
                497 (National Park Service property).
                    (E) An unimproved portion of Western Avenue 
                Northwest, north of Oregon Avenue Northwest, that abuts 
                U.S. Reservation 339 (National Park Service property).
                    (F) An unimproved portion of 17th Street Northwest, 
                south of Shepherd Street Northwest, that abuts U.S. 
                Reservation 339 (National Park Service property).
                    (G) An unimproved portion of 30th Street Northwest, 
                north of Broad Branch Road Northwest, that is within 
                the boundaries of U.S. Reservation 515 (National Park 
                Service property).
                    (H) Subject to paragraph (2), lands over I-395 at 
                Washington Avenue Southwest.
                    (I) A portion of U.S. Reservation 357 at Whitehaven 
                Parkway Northwest, previously transferred to the 
                District of Columbia in conjunction with the former 
                proposal for a residence for the Mayor of the District 
                of Columbia.
            (2) Use of certain property for memorial.--In the case of 
        the property for which administrative jurisdiction is 
        transferred under paragraph (1)(H), the property shall be used 
        as the site for the establishment of a memorial to honor 
        disabled veterans of the United States Armed Forces authorized 
        to be established by the Disabled Veterans' LIFE Memorial 
        Foundation by Public Law 106-348 (114 Stat. 1358; 40 U.S.C. 
        8903 note), except that the District of Columbia shall retain 
        administrative jurisdiction over the subsurface area beneath 
        the site for the tunnel, walls, footings, and related 
        facilities.
    (b) Transfer of Administrative Jurisdiction From United States to 
District of Columbia.--Administrative jurisdiction over the following 
property owned by the United States and depicted on the Map is hereby 
transferred from the Secretary to the District of Columbia for 
administration by the District of Columbia:
            (1) A portion of U.S. Reservation 451.
            (2) A portion of U.S. Reservation 404.
            (3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
            (4) U.S. Reservation 251.
            (5) U.S. Reservation 8.
            (6) U.S. Reservations 277A and 277C.
            (7) Portions of U.S. Reservation 470.
    (c) Effective Date.--The transfers of administrative jurisdiction 
under this section shall take effect on the date of the enactment of 
this Act.

SEC. 202. EXCHANGE OF TITLE OVER CERTAIN PROPERTIES.

    (a) Conveyance of Title.--
            (1) In general.--On the date on which the District of 
        Columbia conveys to the Secretary all right, title, and 
        interest of the District of Columbia in each of the properties 
        described in subsection (b) for use as described in such 
        subsection, the Secretary shall convey to the District of 
        Columbia all right, title, and interest of the United States in 
        each of the properties described in subsection (c).
            (2) Administration by national park service.--The 
        properties conveyed by the District of Columbia to the 
        Secretary under this section shall be administered by the 
        Director upon conveyance.
    (b) Properties to Be Conveyed to the Secretary; Use.--The 
properties described in this subsection and their uses are as follows 
(as depicted on the Map):
            (1) Lovers Lane Northwest, abutting U.S. Reservation 324, 
        for the closure of a one-block long roadway adjacent to 
        Montrose Park.
            (2) Needwood, Niagara, and Pitt Streets Northwest, within 
        the Chesapeake and Ohio Canal National Historical Park, for the 
        closing of the rights-of-way now occupied by the Chesapeake and 
        Ohio Canal.
    (c) Properties to Be Conveyed to the District of Columbia.--The 
properties described in this subsection are as follows (as depicted on 
the Map):
            (1) U.S. Reservation 17A.
            (2) U.S. Reservation 484.
            (3) U.S. Reservations 243, 244, 245, and 247.
            (4) U.S. Reservations 128, 129, 130, 298, and 299.
            (5) Portions of U.S. Reservations 343D and 343E.
            (6) U.S. Reservations 721, 722, and 723.

SEC. 203. CONVEYANCE OF UNITED STATES RESERVATION 174.

    (a) Conveyance; Use.--If the District of Columbia enacts a final 
plan for the development of the former Convention Center Site which 
meets the requirements of subsection (b)--
            (1) the Secretary shall convey all right, title, and 
        interest of the United States in U.S. Reservation 174 (as 
        depicted on the Map) to the District of Columbia upon the 
        enactment of such plan; and
            (2) the District shall use the property so conveyed in 
        accordance with such plan.
    (b) Requirements for Development Plan.--The plan for the 
development of the former Convention Center Site meets the requirements 
of this subsection if--
            (1) the plan is developed through a public process;
            (2) during the process for the development of the plan, the 
        District of Columbia considers at least one version of the plan 
        under which the entire portion of U.S. Reservation 174 which is 
        set aside as open space as of the date of the enactment of this 
        Act shall continue to be set aside as open space (including a 
        version under which facilities are built under the surface of 
        such portion); and
            (3) not less than 1\1/4\ acres of the former Convention 
        Center Site are set aside for open space under the plan.
    (c) Former Convention Center Site Defined.--In this section, the 
``former Convention Center Site'' means the parcel of land in the 
District of Columbia which is bounded on the east by 9th Street 
Northwest, on the north by New York Avenue Northwest, on the west by 
11th Street Northwest, and on the south by H Street Northwest.

SEC. 204. CONVEYANCE OF PORTION OF RFK STADIUM SITE FOR EDUCATIONAL 
              PURPOSES.

    Section 7 of the District of Columbia Stadium Act of 1957 (sec. 3-
326, D.C. Official Code) is amended by adding at the end the following 
new subsection:
    ``(e)(1) Upon receipt of a written description from the District of 
Columbia of a parcel of land consisting of not more than 15 contiguous 
acres (hereafter in this subsection referred to as `the described 
parcel'), with the longest side of the described parcel abutting one of 
the roads bounding the property, within the area designated `D' on the 
revised map entitled `Map to Designate Transfer of Stadium and Lease of 
Parking Lots to the District' and bound by Oklahoma Avenue Northeast, 
Benning Road Northeast, the Metro line, and Constitution Avenue 
Northeast, and a long-term lease executed by the District of Columbia 
that is contingent upon the Secretary's conveyance of the described 
parcel and for the purpose consistent with this paragraph, the 
Secretary shall convey all right, title, and interest in the described 
parcel to the District of Columbia for the purpose of siting, 
developing, and operating an educational institution for the public 
welfare, with first preference given to a pre-collegiate public 
boarding school.
    ``(2) Upon conveyance under paragraph (1), the portion of the 
stadium lease that affects the described parcel and all the conditions 
associated therewith shall terminate, the described parcel shall be 
removed from the `Map to Designate Transfer of Stadium and Lease of 
Parking Lots to the District', and the long-term lease described in 
paragraph (1) shall take effect immediately.''.

                        TITLE III--POPLAR POINT

SEC. 301. CONVEYANCE OF POPLAR POINT TO DISTRICT OF COLUMBIA.

    (a) Conveyance.--Upon certification by the Secretary of the 
Interior (acting through the Director) that the District of Columbia 
has adopted a land-use plan for Poplar Point which meets the 
requirements of section 302, the Director shall convey to the District 
of Columbia all right, title, and interest of the United States in 
Poplar Point, in accordance with this title.
    (b) Withholding of Existing Facilities and Properties of National 
Park Service From Initial Conveyance.--The Director shall withhold from 
the conveyance made under subsection (a) the facilities and related 
property (including necessary easements and utilities related thereto) 
which are occupied or otherwise used by the National Park Service in 
Poplar Point prior to the adoption of the land-use plan referred to in 
subsection (a), as identified in such land-use plan in accordance with 
section 302(c).

SEC. 302. REQUIREMENTS FOR POPLAR POINT LAND-USE PLAN.

    (a) In General.--The land-use plan for Poplar Point meets the 
requirements of this section if the plan includes each of the following 
elements:
            (1) The plan provides for the reservation of a portion of 
        Poplar Point for park purposes, in accordance with subsection 
        (b).
            (2) The plan provides for the identification of existing 
        facilities and related properties of the National Park Service, 
        and the relocation of the National Park Service to replacement 
        facilities and related properties, in accordance with 
        subsection (c).
            (3) Under the plan, at least two sites within the areas 
        designated for park purposes are set aside for the placement of 
        potential commemorative works to be established pursuant to 
        chapter 89 of title 40, United States Code, and the plan 
        includes a commitment by the District of Columbia to convey 
        back those sites to the National Park Service at the 
        appropriate time, as determined by the Secretary.
            (4) To the greatest extent practicable, the plan is 
        consistent with the Anacostia Waterfront Framework Plan 
        referred to in section 103 of the Anacostia Waterfront 
        Corporation Act of 2004 (sec. 2-1223.03, D.C. Official Code).
    (b) Reservation of Areas for Park Purposes.--The plan shall 
identify a portion of Poplar Point consisting of not fewer than 70 
acres (including wetlands) which shall be reserved for park purposes 
and shall require such portion to be reserved for such purposes in 
perpetuity, and shall provide that any person (including an individual 
or a public entity) shall have standing to enforce the requirement.
    (c) Identification of Existing and Replacement Facilities and 
Properties for National Park Service.--
            (1) Identification of existing facilities.--The plan shall 
        identify the facilities and related property (including 
        necessary easements and utilities related thereto) which are 
        occupied or otherwise used by the National Park Service in 
        Poplar Point prior to the adoption of the plan.
            (2) Relocation to replacement facilities.--
                    (A) In general.--To the extent that the District of 
                Columbia and the Director determine jointly that it is 
                no longer appropriate for the National Park Service to 
                occupy or otherwise use any of the facilities and 
                related property identified under paragraph (1), the 
                plan shall--
                            (i) identify other suitable facilities and 
                        related property (including necessary easements 
                        and utilities related thereto) in the District 
                        of Columbia to which the National Park Service 
                        may be relocated;
                            (ii) provide that the District of Columbia 
                        shall take such actions as may be required to 
                        carry out the relocation, including preparing 
                        the new facilities and properties and providing 
                        for the transfer of such fixtures and equipment 
                        as the Director may require; and
                            (iii) set forth a timetable for the 
                        relocation of the National Park Service to the 
                        new facilities.
                    (B) Restriction on use of property reserved for 
                park purposes.--The plan may not identify any facility 
                or property for purposes of this paragraph which is 
                located on any portion of Poplar Point which is 
                reserved for park purposes in accordance with 
                subsection (b).
            (3) Consultation required.--In developing each of the 
        elements of the plan which are required under this subsection, 
        the District of Columbia shall consult with the Director.

SEC. 303. CONVEYANCE OF REPLACEMENT FACILITIES AND PROPERTIES FOR 
              NATIONAL PARK SERVICE.

    (a) Conveyance of Facilities and Related Properties.--Upon 
certification by the Director that the facilities and related property 
to which the National Park Service is to be relocated under the land-
use plan under this title (in accordance with section 302(c)) are ready 
to be occupied or used by the National Park Service--
            (1) the District of Columbia shall convey to the Director 
        all right, title, and interest in the facilities and related 
        property (including necessary easements and utilities related 
        thereto) to which the National Park Service is to be relocated 
        (without regard to whether such facilities are located in 
        Poplar Point); and
            (2) the Director shall convey to the District of Columbia 
        all, right, title, and interest in the facilities and related 
        property which were withheld from the conveyance of Poplar 
        Point under section 301(b) and from which the National Park 
        Service is to be relocated.
    (b) Restriction on Construction Projects Pending Certification of 
Facilities.--
            (1) In general.--The District of Columbia may not initiate 
        any construction project with respect to Poplar Point until the 
        Director makes the certification referred to in subsection (a).
            (2) Exception for projects required to prepare facilities 
        for occupation by national park service.--Paragraph (1) shall 
        not apply with respect to any construction project required to 
        ensure that the facilities and related property to which the 
        National Park Service is to be relocated under the land-use 
        plan under this title (in accordance with section 302(c)) are 
        ready to be occupied by the National Park Service.

SEC. 304. POPLAR POINT DEFINED.

    In this title, ``Poplar Point'' means the parcel of land in the 
District of Columbia which is owned by the United States and which is 
under the administrative jurisdiction of the District of Columbia or 
the Director on the day before the date of enactment of this Act, and 
which is bounded on the north by the Anacostia River, on the northeast 
by and inclusive of the southeast approaches to the 11th Street 
bridges, on the southeast by and inclusive of Route 295, and on the 
northwest by and inclusive of the Frederick Douglass Memorial Bridge 
approaches to Suitland Parkway, as depicted on the Map.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``Administrator'' means the Administrator of 
        General Services.
            (2) The term ``Director'' means the Director of the 
        National Park Service.
            (3) The term ``Map'' means the map entitled ``Transfer and 
        Conveyance of Properties in the District of Columbia'', 
        numbered 869/80460, and dated July 2005, which shall be kept on 
        file in the appropriate office of the National Park Service.
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 402. LIMITATION ON ENVIRONMENTAL LIABILITY.

    Notwithstanding any other provision of law--
            (1) the United States shall not be responsible for any 
        environmental liability, response action, remediation, 
        corrective action, damages, costs, or expenses associated with 
        any property for which title is conveyed to the District of 
        Columbia under this Act or any amendment made by this Act; and
            (2) all environmental liability, responsibility, 
        remediation, damages, costs, and expenses as required by 
        applicable Federal, state and local law, including the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act (42 U.S.C. 9601 et seq.), the Federal Water 
        Pollution Control Act (known as Clean Water Act) (33 U.S.C. 
        1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the 
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Rivers 
        and Harbors Act (33 U.S.C. 540 et seq.), the Toxic Substances 
        Control Act (15 U.S.C. 2601, et seq.), and the Oil Pollution 
        Act (33 U.S.C. 2701 et seq.) for any such property shall be 
        borne by the District of Columbia, which shall conduct all 
        environmental activity with respect to such properties, and 
        bear any and all costs and expenses of any such activity.

SEC. 403. LIMITATION ON COSTS.

    The United States shall not be responsible for paying any costs and 
expenses incurred by the District of Columbia or any other parties at 
any time in connection with effecting the provisions of this Act or any 
amendment made by this Act, including costs and expenses associated 
with surveys, zoning, land-use processes, transfer taxes, recording 
taxes, recording fees, as well as the costs associated with the 
relocation of the National Park Service to replacement facilities 
required under the land-use plan for Poplar Point described in section 
302(c)(2).

SEC. 404. DEADLINE FOR PROVISION OF DEEDS AND RELATED DOCUMENTS.

    With respect to each property conveyed under this Act or any 
amendment made by this Act, the Mayor of the District of Columbia, the 
Administrator, or the Secretary (as the case may be) shall execute and 
deliver a quitclaim deed or prepare and record a transfer plat, as 
appropriate, not later than 6 months after the property is conveyed.
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