118 HR 4984 RH: D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act U.S. House of Representatives 2024-02-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 329 118th CONGRESS2d Session H. R. 4984 [Report No. 118–400, Parts I and II] IN THE HOUSE OF REPRESENTATIVES July 27, 2023 Mr. Comer (for himself and Ms. Norton) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committees on Natural Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned February 23, 2024 Additional sponsors: Mr. Clyburn, Mr. LaTurner, Mr. Moskowitz, Mr. Edwards, Ms. Crockett, Mr. Ciscomani, Mr. Timmons, Ms. Mace, Ms. Porter, Mr. Donalds, Mr. Fallon, Mr. Langworthy, Mrs. Beatty, Ms. Foxx, Mr. Self, Mr. Carson, Mr. Thompson of Mississippi, Mr. Goldman of New York, Mr. Westerman, and Mr. Horsford February 23, 2024 Reported from the Committee on Natural Resources with amendments Strike out all after the enacting clause and insert the part printed in italic February 23, 2024 Reported from the Committee on Oversight and Accountability with an amendment Strike out all after the enacting clause and insert the part printed in boldface roman February 23, 2024 Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on July 27, 2023 A BILL To amend the District of Columbia Stadium Act of 1957 to provide for the transfer of administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the Administrator of General Services and the leasing of the Campus to the District of Columbia for purposes which include commercial and residential development, and for other purposes.

1.

Short title

This Act may be cited as the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act.

2.

Transfer of administrative jurisdiction over RFK Memorial Stadium Campus to District of Columbia

(a)

Exercise of transfer authority

(1)

Transfer

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior (hereafter referred to as the Secretary), acting under the authority of section 8124 of title 40, United States Code (except as provided under paragraph (2)), shall transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus (hereafter referred to as the Campus) to the District of Columbia (hereafter referred to as the District), subject to a Declaration of Covenants with the District which is consistent with the succeeding provisions of this Act and which includes such other terms and conditions as may be agreed to by the Secretary and the District. (2)

Waiver of requirement for prior recommendation of national capital planning commission

The second sentence of section 8124(a) of title 40, United States Code, shall not apply to the transfer of administrative jurisdiction over the Campus under this section. (3)

No effect on status of ownership of campus

Consistent with section 8124 of title 40, United States Code, the transfer of administrative jurisdiction over the Campus under this section does not change the status of the ownership of the Campus by the United States. (b)

Development and uses of campus

After transfer of administrative jurisdiction over the Campus under this section, the District may develop and use, and permit the development and use of, the Campus for any of the following purposes: (1)Stadium purposes, including training facilities, offices, and other structures necessary to support a stadium. (2)Commercial and residential development. (3)Facilities, open space, and public outdoor opportunities, which may include supporting cultural activities, educational activities, and recreational activities, as such terms are defined in section 3306(a) of title 40, United States Code. (4)Such other public purposes for which the Campus was used or approved for use prior to June 1, 1985. (5)Demolition purposes to facilitate development and use of the Campus under subparagraphs (1) through (4). (c)

Specific requirements relating to development and use of campus

The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to require the District to meet the following requirements as a condition of the development and use of the Campus as set forth under subsection (b) after transfer of administrative jurisdiction over the Campus under this section: (1)The District shall ensure that the development and use does not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service, including the restoration of the wetlands south of Kingman Island. (2)The District shall designate, develop, operate, and maintain at least 30 percent of the Campus (excluding the riparian area of the Campus as defined in subsection (g)(2)) as the Robert F. Kennedy Memorial Park as parks and open space to provide land for passive and active outdoor recreation and shall require that portion to be reserved for such purposes for the duration of the transfer. (3)The District shall ensure that the development and use provides for improved public access to the Anacostia River and shall not interrupt the Anacostia River Trail. (4)The District shall, to the extent necessary, ensure that parking facilities are provided to accommodate the development. (5)The District shall provide for adequate public safety and security measures and resources in the planning and ongoing management of the development. (6)The District shall carry out measures that, to the greatest extent practicable, will reduce the impact of noise and traffic of the development on surrounding residential areas in the District. (7)The District shall operate and maintain the riparian area of the Campus in accordance with subsection (g). (8)The District shall ensure that no Member of Congress, Delegate or Resident Commissioner to the Congress, or any other official of the Government of the United States or the Government of the District of Columbia shall be admitted to any share or part of any lease entered into by the District in the exercise of the administrative jurisdiction over the Campus transferred under this section, or to any benefit that may arise therefrom, including any contract or agreement made, entered into, or accepted by or on behalf of the District as a result of this section. Nothing in the previous sentence may be construed to apply to a person who is a shareholder or other beneficial owner of any publicly held corporation or other entity, if the lease is for the general benefit of such corporation or other entity. (d)

Survey

(1)

Requiring survey

As soon as practicable after the date of the enactment of this Act, the District shall conduct a survey of the Campus, which shall determine the exact acreage and legal description of the Campus by a boundary survey prepared by a qualified Federally-, State-, or District-licensed surveyor who is approved by the Secretary. (2)

Submission to congress

Upon completion, the survey conducted under paragraph (1) shall be submitted to— (A)the Committee on Oversight and Accountability and the Committee on Natural Resources of the House of Representatives; and (B)the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate. (3)

Incorporation in declaration of covenants for transfer

The survey conducted under paragraph (1) shall be incorporated in the Declaration of Covenants entered into under subsection (a)(1). (4)

Availability of survey and map for public inspection

The survey conducted under paragraph (1), together with the map of the Campus referred to in subsection (m), shall be kept on file and available for public inspection in the appropriate offices of the Secretary. (e)

Memorandum of understanding

As a condition of the development and use of the Campus after transfer of administrative jurisdiction over the Campus under this section, the Secretary and the District shall enter into a memorandum of understanding to determine an allocation of the costs of carrying out all responsibilities of the United States and the District with respect to the Campus under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), including any costs of any response action with respect to any contamination present on the Campus. (f)

Costs

(1)

Costs of transfer

The District shall be responsible for payment of any costs of carrying out the transfer of administrative jurisdiction over the Campus under this section, including— (A)any costs of carrying out the survey under subsection (d); and (B)any costs of carrying out any environmental analysis required under Federal law. (2)

Costs after transfer

Except as provided under the memorandum of understanding entered into under subsection (e), the Secretary shall not be responsible for payment of any costs or expenses that are incurred by the District or any other party (other than the United States) associated with the Campus after the transfer of administrative jurisdiction under this section. (g)

Special rules for riparian area

(1)

Restriction on development and use

The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the riparian area of the Campus may not be developed or used for any purposes other than the continuing maintenance of any development, use, or infrastructure (including roads and pathways) existing at the time of the execution of the transfer of administrative jurisdiction over the Campus under this section. (2)

Riparian area of the campus defined

In this subsection, the term riparian area of the Campus means the area designated in the map referred to in subsection (m) as Riparian Area (Area F). (h)

Prohibiting use of federal funds for stadium

The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the District may not use Federal funds for stadium purposes on the Campus, including training facilities, offices, and other structures necessary to support a stadium. (i)

Term

The transfer of administrative jurisdiction over the Campus under this section shall be in effect for a term of not less than 99 years, and may be renewed for subsequent periods agreed to by the Secretary and the District. (j)

Reversion of administrative jurisdiction

(1)

Grounds for reversion

The Declaration of Covenants entered into under subsection (a)(1) shall include provisions stating that administrative jurisdiction over the Campus transferred under this section shall revert to the Secretary if each of the following occurs: (A)The terms and conditions of the Declaration of Covenants have not been complied with, as reasonably determined by the Secretary. (B)Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the District. Such noncompliance shall be treated as corrected if the District and the Secretary enter into an agreement that the Secretary finds adequate to ensure that the Campus will be developed and used in a manner consistent with the purposes referred to in subsection (b). (2)

Timing

The Secretary may not seek the reversion of administrative jurisdiction over the Campus under this subsection before the expiration of 90 days after the date on which written notice of the alleged violation is received by the District. The notice shall include notice of the Secretary’s intention for administrative jurisdiction over the Campus to revert to the Secretary. (3)

Cost of rehabilitating property

The Declaration of Covenants entered into under subsection (a)(1) shall include provisions requiring the District to bear the actual cost of removing structures from or rehabilitating the Campus if administrative jurisdiction over the Campus reverts to the Secretary under this subsection. (k)

Rule of construction related to the applicability to the administrative jurisdiction transfer

Nothing in this section may be construed to affect or limit the application of or obligation to comply with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (l)

Conforming amendment; termination of existing lease

Effective on the date of the transfer of administrative jurisdiction over the Campus under this section— (1)the District of Columbia Stadium Act of 1957 (sec. 3–321 et seq., D.C. Official Code) is repealed; and (2)the lease dated January 14, 1988, between the United States and the District for the use of the Campus, as authorized by section 7(b)(1)(B) of such Act (sec. 3–326(b)(1)(B), D.C. Official Code), is terminated. (m)

Definition

In this Act, the term Robert F. Kennedy Memorial Stadium Campus means the approximately 174 acres of Federal land as generally depicted on the map entitled Anacostia Park, Robert F. Kennedy Memorial Stadium Campus – Transfer of Administrative Jurisdiction, numbered 831/189,767, and dated January 2024.

Amend the title so as to read: A bill to direct the Secretary of the Interior to transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the District of Columbia so that the District may use the Campus for purposes including residential and commercial development, and for other purposes..

1.

Short title

This Act may be cited as the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act.

2.

Transfer of Administrative Jurisdiction over RFK Memorial Stadium Campus to General Services Administration

(a)

Transfer

The District of Columbia Stadium Act of 1957 (sec. 3–321 et seq., D.C. Official Code) is amended by adding after section 7 the following new section:

8.

Transfer of property to General Services Administration for lease to District of Columbia

(a)

Transfer

(1)

In general

Effective on the date of the enactment of the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act— (A)administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus (hereafter referred to as the Campus), including any improvements and existing facilities thereon, is transferred at no cost to the Administrator of General Services (hereafter referred to as the Administrator); and (B)the Administrator shall assume the responsibilities of the Director of the National Park Service under the lease described in paragraph (3). (2)

Survey

(A)

Requiring survey

After the transfer of administrative jurisdiction under paragraph (1), the Administrator, in consultation with the Secretary of the Interior (hereafter referred to as the Secretary), shall conduct a survey of the Campus, which shall determine the exact acreage and legal description of the Campus by a boundary survey prepared by a qualified Federally-, State-, or District of Columbia-licensed surveyor who is approved by the Administrator. (B)

Submission to Congress

Upon completion, the survey conducted under subparagraph (A) shall be submitted to— (i)the Committee on Oversight and Accountability, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives; and (ii)the Committee on Homeland Security and Governmental Affairs, the Committee on Environment and Public Works, and the Committee on Energy and Natural Resources of the Senate. (C)

Availability of survey and map for public inspection

The survey conducted under subparagraph (A), together with the map of the Campus referred to in subsection (f), shall be kept on file and available for public inspection in the appropriate offices of the General Services Administration. (3)

Lease described

The lease described in this paragraph is the lease dated January 14, 1988, between the United States and the District of Columbia for the use of the Campus, as authorized by section 7(b)(1)(B) (sec. 3–326(b)(1)(B), D.C. Official Code). (b)

New lease to District of Columbia

(1)

Requiring lease; terms and conditions

Not later than 180 days after the transfer of administrative jurisdiction under subsection (a) is completed, the Administrator shall enter into a lease without consideration with the District of Columbia under which the District may use the Campus for any of the following purposes, subject to paragraph (5) and such other terms and conditions as may be agreed to by the Administrator and the District: (A)Stadium purposes, including training facilities, offices, and other structures necessary to support a stadium. (B)Commercial and residential development. (C)Providing recreational facilities, open space, and public outdoor recreation opportunities. (D)Such other public purposes for which the Campus was used prior to June 1, 1985. (E)Such other public purposes for which the Campus was approved for use by the Secretary with the concurrence of the National Capital Planning Commission prior to June 1, 1985. (2)

Specific requirements relating to use of Campus for stadium, commercial, or residential development

The lease entered into under this subsection shall include provisions to require the District of Columbia to meet the following requirements as a condition of using the Campus for stadium, commercial, or residential development: (A)The District shall ensure that the development or use does not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service, including the restoration of the wetlands south of Kingman Island. (B)The District shall designate at least 30 percent of the Campus (excluding the riparian area of the Campus, as defined in paragraph (5)(B)) as parks, recreation, or open space. (C)The District shall ensure that the development provides for improved public access to the Anacostia River and shall not interrupt the Anacostia River Trail. (D)The District shall, to the extent necessary, ensure that parking facilities are provided to accommodate the development. (E)The District shall provide for adequate public safety and security measures and resources in the planning and ongoing management of the development. (F)The District shall carry out measures that, to the greatest extent practicable, will reduce the impact of noise and traffic on surrounding residential areas in the District. (3)

Remittance of costs incurred by Administrator

The lease entered into under this subsection shall include provisions to require the District of Columbia to reimburse the Administrator for any actual costs incurred by the Administrator in carrying out the lease. (4)

National Environmental Policy Act

The District of Columbia shall be responsible for any obligations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out the lease entered into under this subsection. (5)

Special rules for riparian area

(A)

Restriction on development and use

The riparian area of the Campus may not be developed or used for any purposes other than the continuing maintenance of any development, use, or infrastructure (including roads and pathways) existing at the time of the transfer of administrative jurisdiction under subsection (a)(1)(A). (B)

Riparian area of the Campus defined

In this section, the term riparian area of the Campus means the area designated in the map referred to in subsection (f) as Riparian Area (Area F). (6)

Inclusion of survey

The Administrator shall incorporate in the lease entered into under this subsection the survey conducted under subsection (a)(2). (7)

Length of lease period

The lease entered into under this subsection shall be for a period of 99 years, and may be renewed for subsequent periods agreed to by the Administrator and the District of Columbia. (8)

Termination of prior lease

Effective on the entering into of the lease under this subsection, the lease described in subsection (a)(3) shall terminate. (c)

Termination of new lease

(1)

Grounds for termination

The lease entered into under subsection (b) shall provide for the termination of the lease prior to its expiration if each of the following occurs: (A)The terms and conditions of the lease have not been reasonably complied with, as determined by the Administrator. (B)Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the District of Columbia. Such noncompliance shall be treated as corrected if the District and the Administrator enter into an agreement, with the concurrence of the National Capital Planning Commission, which the Administrator considers adequate to ensure that the Campus will be used in a manner consistent with the purposes referred to in subsection (b). (2)

Timing

The Administrator may not bring an action respecting a violation of any term or condition of the lease entered into under subsection (b) before the expiration of 90 days after the date on which the Administrator has notified the District of Columbia of the alleged violation. The notice shall include notice of the Administrator’s intention to bring an action to terminate the lease under paragraph (1). (3)

Cost of rehabilitating property

The lease entered into under subsection (b) shall provide that the District of Columbia shall bear the actual cost of removing structures from or rehabilitating the Campus if the lease is terminated under this subsection. (4)

Use of property after termination of lease

Any property which is the subject of the lease entered into under subsection (b) shall, if the lease is terminated under this subsection, be administered as Federal property which may be considered for sale, lease, or exchange under section 412 of title IV of Division H of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3259), except as follows: (A)The riparian area of the Campus (as defined in subsection (b)(5)(B)) may not be sold, leased, or exchanged to any non-Federal person. (B)The Administrator (or, if the property is sold, leased, or exchanged, the person to whom the property is sold, leased, or exchanged) shall ensure that activities on the property do not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service. (C)The Administrator (or, if the property is sold, leased, or exchanged, the person to whom the property is sold, leased, or exchanged) shall ensure that at least 30 percent of the property (excluding the riparian area of the Campus, as defined in subsection (b)(5)(B)) is maintained for parks, recreation, or open space. (d)

Prohibiting interested parties from benefitting from development

No Member of Congress, Delegate or Resident Commissioner to the Congress, or any other official of the Government of the United States or the Government of the District of Columbia shall be admitted to any share or part of the lease entered into under subsection (b) or to any benefit that may arise therefrom, including any contract or agreement made, entered into, or accepted by or on behalf of the United States or the District as a result of such lease. Nothing in the previous sentence may be construed to apply to a person who is a shareholder or other beneficial owner of any publicly held corporation or other entity, if the lease is for the general benefit of such corporation or other entity. (e)

Rules of construction

Nothing in this section may be construed— (1)to require the Secretary or Administrator to pay any costs and expenses which are incurred by the District of Columbia or any other party (other than the United States) at any time, including in connection with carrying out this section; or (2)to impose on the Administrator any obligations and liabilities associated with the Campus under environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (f)

Definition

In this section, the term Robert F. Kennedy Memorial Stadium Campus means the approximately 174 acres of Federal land as generally depicted on the map entitled Anacostia Park, Robert F. Kennedy Memorial Stadium Proposed Land Transfer, numbered 831/189,767, and dated September 2023.

. (b)

Conforming amendment

Effective on the date of the execution of the lease between the Administrator and the District of Columbia required by section 8(b) of the District of Columbia Stadium Act of 1957, as added by subsection (a), section 7 of such Act (sec. 3–326, D.C. Official Code) is repealed.

February 23, 2024 Reported from the Committee on Natural Resources with amendments February 23, 2024 Reported from the Committee on Oversight and Accountability with an amendment February 23, 2024 Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed