[Congressional Record Volume 151, Number 129 (Thursday, October 6, 2005)]
[Senate]
[Pages S11228-S11230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself and Ms. Collins):
  S. 1838. 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; to the Committee on Homeland Security 
and Governmental Affairs.
  Mr. VOINOVICH. Mr. President, today I rise to introduce the ``Federal 
and District of Columbia Government Real Property Act of 2005,'' a bill 
to authorize the exchange of certain land parcels between the Federal 
Government and the District of Columbia. This proposal was submitted to 
Congress by the administration with support of the District.
  As Chairman of the Subcommittee on Oversight of Government 
Management, the Federal Workforce and the District of Columbia, I 
understand the special relationship shared with the Federal Government 
and the District. Because of this relationship, Congress shares in the 
responsibility of ensuring that the Nation's capital remains a 
socially, economically, and culturally vibrant city.
  Under this legislation, the Federal properties to be transferred to 
the District of Columbia will be put to better use. This will free up 
tax dollars being used to maintain the underutilized land to be spent 
on more important needs facing our Nation. The vast majority of the 
conveyance is contained in three large properties at or near the 
Anacostia River: Popular Point, Reservation 13, and several acres of 
National Park Service land near Robert F. Kennedy Stadium. The bill 
also would transfer buildings and property located on the west campus 
of St. Elizabeth's Hospital and several smaller properties from the 
District of Columbia to the Federal Government.
  Conveying these properties will allow the Federal Government to 
better manage its properties. Additionally, the District gains the 
ability to spur economic development in Southeast Washington, better 
address the needs of its citizens, and increase the local tax base. I 
urge all of my colleagues to support this legislation and I am 
confident that it can be enacted this year.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1838

       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.--

[[Page S11229]]

       (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

[[Page S11230]]

     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.
                                 ______