[Congressional Record Volume 141, Number 169 (Monday, October 30, 1995)]
[House]
[Pages H11387-H11389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIONAL CHILDREN'S ISLAND ACT OF 1995

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1508) to require the transfer of title to the District of 
Columbia of certain real property in Anacostia Park to facilitate the 
construction of National Children's Island, a cultural, educational, 
and family-oriented park, as amended.
  The Clerk read as follows:

                               H.R. 1508

       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 ``National Children's Island 
     Act of 1995''.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act:
       (1) The term ``plat'' means the plat filed in the Office of 
     the Surveyor of the District of Columbia under S.O. 92-252.
       (2) The term ``District'' means the District of Columbia.
       (3) The term ``Islands'' means Heritage Island and all of 
     that portion of Kingman Island located south of Benning Road 
     and within the District of Columbia and the Anacostia River, 
     being a portion of United States Reservation 343, Section F, 
     as specified and legally described on the Survey.
       (4) The term ``National Children's Island'' means a 
     cultural, educational, and family-oriented recreation park, 
     together with a children's playground, to be developed and 
     operated in accordance with the Children's Island Development 
     Plan Act of 1993, D.C. Act 10-110.
       (5) The term ``playground'' means the children's playground 
     that is part of National Children's Island and includes all 
     lands on the Islands located south of East Capitol Street.
       (6) The term ``recreation park'' means the cultural, 
     educational, and family-oriented recreation park that is part 
     of National Children's Island.
       (7) The term ``Secretary'' means the Secretary of the 
     Interior.
       (8) The term ``Survey'' means the ALTA/ACSM Land Title 
     Survey prepared by Dewberry & Davis and dated February 12, 
     1994.

     SEC. 3. PROPERTY TRANSFER.

       (a) Transfer of Title.--In order to facilitate the 
     construction, development, and operation of National 
     Children's Island, the Secretary shall, not later than six 
     months after the date of enactment of this Act and subject to 
     this Act, transfer by quitclaim deed, without consideration, 
     to the District all right, title, and interest of the United 
     States in and to the Islands. Unbudgeted actual costs 
     incurred by the Secretary for such transfer shall be borne by 
     the District. The District may seek reimbursement from any 
     third party for such costs.
       (b) Grant of Easements.--(1) The Secretary shall, not later 
     than six months after the date of enactment of this Act, 
     grant, without consideration, to the District, permanent 
     easements across the waterways and bed of the Anacostia River 
     as described in the Survey as Leased Riverbed Areas A, B, C, 
     and D, and across the shoreline of the Anacostia River as 
     depicted on the plat map recorded in the Office of the 
     Surveyor of the District as S.O. 92-252.
       (2) Easements granted under paragraph (1) shall run with 
     the land and shall be for the purposes of--
       (A) constructing, reconstructing, maintaining, operating, 
     and otherwise using only such bridges, roads, and other 
     improvements as are necessary or desirable for vehicular and 
     pedestrian egress and ingress to and from the Islands and 
     which satisfy the District Building Code and applicable 
     safety requirements;
       (B) installing, reinstalling, maintaining, and operating 
     utility transmission corridors, including (but not limited 
     to) all necessary electricity, water, sewer, gas, necessary 
     or desirable for the construction, reconstruction, 
     maintenance, and operation of the Islands and any and all 
     improvements located thereon from time to time; and
       (C) constructing, reconstructing, maintaining, operating, 
     and otherwise providing necessary informational kiosk, 
     ticketing booth, and security for the Islands.
       (3) Easements granted under paragraph (1) shall be 
     assignable by the District to any lessee, 

[[Page H 11388]]
     sublessee, or operator, or any combination thereof, of the Islands.
       (c) Development.--The development of National Children's 
     Island shall proceed as specified in paragraph 3 of the 
     legend on the plat or as otherwise authorized by the District 
     by agreement, lease, resolution, appropriate executive 
     action, or otherwise.
       (d) Reversion.--(1) The transfer under subsection (a) and 
     the grant of easements under subsection (b) shall be subject 
     to the condition that the Islands only be used for the 
     purposes of National Children's Island. Title in the property 
     transferred under subsection (a) and the easements granted 
     under subsection (b), shall revert to the United States 60 
     days after the date on which the Secretary provides written 
     notice of the reversion to the District based on the 
     Secretary's determination, which shall be made in accordance 
     with chapter 5 of title 5, United States Code (relating to 
     administrative procedures), that one of the following has 
     occurred:
       (A) Failure to commence improvements in the recreational 
     park within the earlier of--
       (i) three years after building permits are obtained for 
     construction of such improvements; or
       (ii) four years after title has been transferred, as 
     provided in subsection (a).
       (B) Failure to commence operation of the recreation park 
     within the earlier of--
       (i) five years after building permits are obtained for 
     construction of such improvements; or
       (ii) seven years after title has been transferred, as 
     provided in subsection (a).
       (C) After completion of construction and commencement of 
     operation, the abandonment or non-use of the recreation park 
     for a period of two years.
       (D) After completion of construction and commencement of 
     operation, conversion of the Islands to a use other than that 
     specified in this Act or conversion to a parking use not in 
     accordance with section 4(b).
       (2) The periods referred to in paragraph (1) shall be 
     extended during the pendency of any lawsuit which seeks to 
     enjoin the development or operation of National Children's 
     Island or the administrative process leading to such 
     development or operation.
       (3) Following any reconveyance or reversion to the National 
     Park Service, any and all claims and judgments arising during 
     the period the District holds title to the Islands, the 
     playground, and premises shall remain the responsibility of 
     the District, and such reconveyance or reversion shall 
     extinguish any and all leases, rights or privileges to the 
     Islands and the playground granted by the District.
       (4) The District shall require any nongovernmental entity 
     authorized to construct, develop, and operate National 
     Children's Island to establish an escrow fund, post a surety 
     bond, provide a letter of credit or otherwise provide such 
     security for the benefit of the National Park Service, 
     substantially equivalent to that specified in paragraph 11 of 
     the legend on the plat, to serve as the sole source of 
     funding for restoration of the recreation park to a condition 
     suitable for National Park Service purposes (namely, the 
     removal of all buildings and grading, seeding and landscaping 
     of the recreation park) upon reversion of the property. If, 
     on the date which is two years from the date of reversion of 
     the property, the National Park Service has not commenced 
     restoration or is not diligently proceeding with such 
     restoration, any amount in the escrow fund shall be 
     distributed to such nongovernmental entity.

     SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED AND 
                   EASEMENTS GRANTED.

       (a) Playground.--Operation of the recreation park may only 
     commence simultaneously with or subsequent to improvement and 
     opening of a children's playground at National Children's 
     Island that is available to the public free of charge. The 
     playground shall only include those improvements 
     traditionally or ordinarily included in a publicly maintained 
     children's playground. Operation of the recreation park is at 
     all times dependent on the continued maintenance of the 
     children's playground.
       (b) Public Parking.--Public parking on the Islands is 
     prohibited, except for handicapped parking, emergency and 
     government vehicles, and parking related to constructing, and 
     servicing National Children's Island.
       (c) Required Approvals.--Before construction commences, the 
     final design plans for the recreation park and playground, 
     and all related structures, including bridges and roads, are 
     subject to the review and approval of the National Capital 
     Planning Commission and of the District of Columbia in 
     accordance with the Children's Island Development Plan Act of 
     1993 (D.C. Act 10-110). The District of Columbia shall carry 
     out its review of this project in full compliance with all 
     applicable provisions of the National Environmental Policy 
     Act of 1969.

     SEC. 5. EFFECT OF PROPERTY TRANSFER.

       (a) Effect of Property Transfer.--Upon the transfer of the 
     Islands to the District pursuant to this Act:
       (1) The Transfer of Jurisdiction concerning the Islands 
     from the National Park Service to the District dated February 
     1993, as set out on the plat map recorded in the Office of 
     the Surveyor of the District as S.O. 92-252 and as approved 
     by the Council of the District by Resolution 10-91, shall 
     become null and void and of no further force and effect, 
     except for the references in this Act to paragraphs 3 and 11 
     of the legend on the plat.
       (2) The Islands shall no longer be considered to be part of 
     Anacostia Park and shall not be considered to be within the 
     park system of the District; therefore, the provisions of 
     section 2 of the Act entitled ``An Act to vest in the 
     Commissioners of the District of Columbia control of street 
     parking in said District'', approved July 1, 1898 (ch. 543, 
     30 Stat. 570; D.C. Code 8-104), shall not apply to the 
     Islands, and the District shall have exclusive charge and 
     control over the Islands and easements transferred.
       (3) The Islands shall cease to be a reservation, park, or 
     public grounds of the United States for the purposes of the 
     Act of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 
     8-128 D.C. Code).
       (b) Use of Certain Lands for Parking and Other Purposes.--
     Notwithstanding any other provision of law, the District is 
     hereby authorized to grant via appropriate instrument to a 
     nongovernmental individual or entity any and all of its 
     rights to use the lands currently being leased by the United 
     States to the District pursuant to the District of Columbia 
     Stadium Act of 1957 (Public Law 85-300, September 7, 1957, 71 
     Stat. 619) for parking facilities (and necessary 
     informational kiosk, ticketing booth, and security) as the 
     Mayor of the District in his discretion may determine 
     necessary or appropriate in connection with or in support of 
     National Children's Island.

     SEC. 6. SAVINGS PROVISIONS.

       No provision of this Act shall be construed--
       (1) as an express or implied endorsement or approval by the 
     Congress of any such construction, development, or operation 
     of National Children's Island;
       (2) except as provided in section 5, to exempt the 
     recreational park and playground from the laws of the United 
     States or the District, including laws relating to the 
     environment, health, and safety; or
       (3) to prevent additional conditions on the National 
     Children's Island development or operation to mitigate 
     adverse impacts on adjacent residential neighborhoods and 
     park lands and the Anacostia River.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah [Mr. Hansen] will be recognized for 20 minutes, and the gentleman 
from New Mexico [Mr. Richardson] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, I rise in support of H.R. 1508, the National 
Children's Island Act of 1995, introduced by Delegate Eleanor Holmes 
Norton of the District of Columbia.
  Mr. Speaker, this is a good bill, which transfers title of the 
manmade Kingman and Heritage Islands in the Anacostia River, from the 
United States to the District of Columbia, for the purpose of 
establishing a cultural, educational, and family-oriented theme park. 
While this is not the normal manner of transferring land between the 
Federal Government and the District, I support this title transfer 
because it offers the best chance for the National Children's Island 
Foundation to realize their vision. It has been my experience that 
Federal agencies do not handle either land exchanges or transfers in a 
very efficient manner. For that very reason, we are currently working 
on legislation in my subcommittee to make the administrative process 
more efficient.
  The project which this legislation helps facilitate offers important 
economic opportunity to the District of Columbia. It has been estimated 
that development of National Children's Island will create over 1,700 
full and part-time jobs and generate $8.9 million in annual sales tax 
revenue. This bill represents a tremendous opportunity to develop a 
project on lands which are currently being used to dump construction 
rubble.
  As always, Ms. Norton has done a good job of working with her various 
constituencies on this legislation and I believe that the bill, as 
amended, addresses the concerns of all interested parties, except those 
looking for an excuse to stop the project. Therefore, I commend the 
bill to my colleagues and ask for their support for H.R. 1508.

                              {time}  1415

  Mr. Speaker, I reserve the balance of my time.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, I yield 4 minutes to the gentlewoman 
from the District of Columbia, Eleanor Holmes Norton, the distinguished 
author of this bill, who has worked very hard and fashioned this bill 
with the chairman today.
  Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, may I express my sincere appreciation to Chairman Jim 
Hansen of the Subcommittee on National Parks, Forests, and Lands, 
Subcommittee Ranking Member Bill Richardson, Resources Committee 
Chairman Don Young, and Ranking Member George Miller for moving this 
bill through the Resources Committee in an expeditious manner. On April 
6, 

[[Page H 11389]]
1995, I introduced H.R. 1508, the National Children's Island Act of 
1995, at the request of the District of Columbia. This bipartisan bill 
calls for the transfer of Heritage and a portion of Kingman Islands, 
currently an artificial landfill and dumpsite, from the National Park 
Service to the District for the purposes of creating a cultural, 
educational, and family-oriented park. This is the essential initial 
step in a process that, by law, will require other local and Federal 
review steps before the project proceeds.
  The District is pressing this legislation at this time of local 
financial crisis. The park will create 1700 new full and part-time 
jobs, 51.1 percent of which will go to District residents. Likewise, 
the park will generate approximately $8.9 million in annual sales tax 
revenues, and earmark a share of its revenues for educational grants, 
scholarships and other programs for District youth and businesses.
  The city council approved this project by a vote of 11 to 1. The 
project is fully privately funded with no cost to the District or the 
Federal Governments. As a result of improvements made in committee, a 
Federal level environmental impact statement in compliance with the 
National Environmental Policy Act will be conducted with review and 
approval by the National Capitol Planning Commission.
  Again, I thank the Resources Committee for its bipartisan leadership 
in bringing this bill to the floor today, and urge all Members of the 
House to support the bill.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1508 is a complicated measure that shows that land 
transfers are not simple matters. Numerous changes and refinements were 
made to the bill in an attempt to deal with the concerns of the many 
parties to this legislation. I want to commend the chairman and the 
gentlewoman from the District of Columbia [Ms. Norton] for arriving at 
what I consider to be a suitable compromise.
  There is still some concern about this bill within the local 
community, but I do think that what the bill now has, through the 
compromise worked out by the chairman and the gentlewoman, is to make 
sure that there is local input, community input throughout this process 
on the zoning permitting actions of the District government.
  The amendment in the nature of a substitute adopted by the committee 
incorporates several of the amendments that I wanted to see included in 
the bill. We should be careful about negating previous agreements and 
making moot a current court order, both of which this legislation does.
  However, the bill's requirement for approval of the development plans 
by the National Capital Planning Commission and the preparation of a 
Federal EIS by the D.C. government does go a long way in protecting the 
public interest. I would note that the gentlewoman from the District of 
Columbia [Ms. Norton], who represents the area in question, wants to 
see this legislation move forward. She has worked very hard on this. 
She has put forth some constructive proposals to develop this land as a 
recreational area for children and the general public.
  This property is currently used as a leaf and stump dumping site. 
Given this history and present use. I want to make sure that we pass 
this bill, give the District government the opportunity to manage the 
site, subject to some of the constructive safeguards in the bill 
protecting the public interest.
  I urge strong support for this legislation, and once again commend 
the gentlewoman from District of Columbia [Ms. Norton], who represents 
zealously the interests of her constituents, and my good friend, most 
of the time, the gentleman from Utah [Mr. Hansen].
  Mr. DAVIS. Mr. Speaker, I rise in support of H.R. 1508, the National 
Children's Island Act. Ms. Eleanor Holmes Norton, the Delegate from the 
District of Columbia and the author of this legislation, is to be 
commended for her strong advocacy of this project. Her role in 
shepherding this legislation through the 104th Congress shows the 
importance of skillful advocacy in behalf of worthwhile legislation.
  The act is of significance for three reasons. First, it is a splendid 
example of how the Republicans of the 104th Congress are working 
together with the District of Columbia to make our Nation's Capital a 
more attractive place to live, work, and visit. This act transfers 
property from the National Park Service to the District of Columbia. 
This transfer has the effect of making the city the lead agency for the 
development of this property. This is the way Congress should relate to 
the city. It is not prudent for Congress to be deeply involved in the 
details of the development of Children's Island. The city, working 
together with the private sector, is fully capable of bringing this 
project to a timely and successful completion.
  This project is also significant because of the way Congress has 
handled it internally. This legislation deals with the transfer of 
National Park Service property. It is entirely proper that the 
Resources Committee had primary jurisdiction over H.R. 1508. I want to 
commend the work of both the Subcommittee on National Parks, Forests, 
and Lands under the able leadership of Mr. Hansen and the full 
Resources Committee under the able leadership of Mr. Young. Their 
outstanding work made it possible for the Government Reform and 
Oversight Committee to waive jurisdiction over this bill. By waiving 
jurisdiction, this project will be able to go forward in a timely 
manner without any prejudice to the Federal interest. I would also like 
to point out that in past Congresses the former District of Columbia 
Committee examined this issue. I have found no opposition to this 
legislation among members of the former Committee.
  Finally, I think it is fitting that we pass this legislation and 
enable this project on the first day of the White House Conference on 
Travel and Tourism. This conference points to the importance of the 
tourist industry for our Nation generally and our capital region 
specifically. Tourism is crucial to the economic well being of the 
entire Washington Metropolitan Area. Tourism is the number one private 
sector employer in the District of Columbia and is second only to the 
Government itself as an employer. As the Federal Government continues 
to shrink it is vital that we do what we can in both the Congress and 
the executive branch to boost the region's economic development in 
areas outside Government. The Republicans of the 104th Congress working 
with Democrats in Congress and the city have already taken significant 
steps to strengthen tourism as a regional industry. We approved 
legislation which enabled the city to proceed with the new MCI Center 
at Gallery Place and to plan for a new convention center. The 
Children's Island project is another example of the positive 
partnership we are establishing. Once again, I want to commend the able 
leadership Ms. Norton has shown on this project.
  Mr. RICHARDSON. Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Everett). The question is on the motion 
offered by the gentleman from Utah [Mr. Hansen] that the House suspend 
the rules and pass the bill, H.R. 1508, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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