[Congressional Record Volume 155, Number 144 (Wednesday, October 7, 2009)]
[House]
[Pages H10563-H10565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                KINGMAN AND HERITAGE ISLANDS ACT OF 2009

  Mr. LYNCH. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2092) to amend the National Children's Island Act of 1995 to 
expand allowable uses for Kingman and Heritage Islands by the District 
of Columbia, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2092

       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 ``Kingman and Heritage Islands 
     Act of 2009''.

     SEC. 2. AMENDMENTS TO NATIONAL CHILDREN'S ISLAND ACT OF 1995.

       (a) Expansion of Allowable Uses for Kingman and Heritage 
     Island.--The National Children's Island Act of 1995 (sec. 10-
     1401 et seq., D.C. Official Code) is amended by adding at the 
     end the following:

     ``SEC. 7. COMPREHENSIVE AND ANACOSTIA WATERFRONT FRAMEWORK 
                   PLANS.

       ``(a) Compliance With Plans.--Notwithstanding any other 
     provision of this Act, it is not a violation of the terms and 
     conditions of this Act for the District of Columbia to use 
     the lands conveyed and the easements granted under this Act 
     in accordance with the Anacostia Waterfront Framework Plan 
     and the Comprehensive Plan.
       ``(b) Definitions.--For purposes of this section, the 
     following definitions apply:
       ``(1) Anacostia waterfront framework plan.--The term 
     `Anacostia Waterfront Framework Plan' means the November 2003 
     Anacostia Waterfront Framework Plan to redevelop and 
     revitalize the Anacostia waterfront in the District of 
     Columbia, as may be amended from time to time, developed 
     pursuant to a memorandum of understanding dated March 22, 
     2000, between the General Services Administration, Government 
     of the District of Columbia, Office of Management and Budget, 
     Naval District Washington, Military District Washington, 
     Marine Barracks Washington, Department of Labor, Department 
     of Transportation, National Park Service, Army Corps of 
     Engineers, Environmental Protection Agency, Washington 
     Metropolitan Area Transit Authority, National Capital 
     Planning Commission, National Arboretum, and Small Business 
     Administration.
       ``(2) Comprehensive plan.--The term `Comprehensive Plan' 
     means the Comprehensive Plan of the District of Columbia 
     approved by the Council of the District of Columbia on 
     December 28, 2006, as such plan may be amended or superseded 
     from time to time.''.
       (b) Modification of Reversionary Interest.--Paragraph (1) 
     of section 3(d) of the National Children's Island Act of 1995 
     (sec. 10--1402(d)(1), D.C. Official Code) is amended by 
     striking ``The transfer under subsection (a)'' and all that 
     follows and inserting the following: ``Title in the property 
     transferred under subsection (a) and the easements granted 
     under subsection (b) shall revert to the United States upon 
     the expiration of the 60-day period which begins on the date 
     on which the Secretary provides written notice to the 
     District that the Secretary has determined that the District 
     is not using the property for recreational, environmental, or 
     educational purposes in accordance with National Children's 
     Island, the Anacostia Waterfront Framework Plan, or for 
     another recreational, environmental, or educational purpose, 
     except that the reversionary interest of the United States 
     under this paragraph shall expire upon the expiration of the 
     30-year period which begins on the date of the enactment of 
     the Kingman and Heritage Islands Act of 2009. Such notice 
     shall be made in accordance with chapter 5 of title 5, United 
     States Code (relating to administrative procedures).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Lynch) and the gentleman from Utah (Mr. Chaffetz) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.

                              {time}  1600


                             General Leave

  Mr. LYNCH. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. LYNCH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on behalf of the Committee on Oversight and Government

[[Page H10564]]

Reform, I present the amended version of H.R. 2092, the Kingman and 
Heritage Islands Act of 2009, for consideration. This legislation would 
permit the District of Columbia to use Kingman and Heritage Islands for 
educational, environmental, and recreational purposes, thereby 
benefiting District residents and visitors.
  I would like to thank the gentlewoman from the District of Columbia 
(Ms. Norton) for introducing this bill and for her hard work and 
advocacy in support of this legislation. I would also like to thank our 
committee chairman, Ed Towns of Brooklyn, New York, for his leadership 
and support on this particular measure.
  Kingman and Heritage Islands were created in the Anacostia River from 
sediment gathered by the Army Corps of Engineers back in 1916. The 
islands were managed by the National Park Service of the Department of 
the Interior from 1916 to 1996. In 1996, Congress passed the National 
Children's Island Act which required the Federal Government, 
specifically the Secretary of the Interior, to transfer title of these 
islands to the District of Columbia for use as a children's 
recreational park. The law included a reversionary provision allowing 
the Department of the Interior to reclaim the islands if the theme park 
was not built, which is the reason H.R. 2092 is now needed.
  In the years following passage of the Children's Island Act, a 
variety of problems, including lengthy litigation, prevented full 
implementation of the original goal. The National Park Service did not 
take any steps towards reclaiming the land for another use. As times 
have changed, the District no longer believes that a theme park is the 
best use of the space.
  In 2003, the District of Columbia developed the Anacostia Waterfront 
Framework Plan to redevelop and revitalize the Anacostia waterfront 
pursuant to a memorandum of understanding between the District and 
several Federal agencies, including the National Park Service. The 
waterfront plan envisions the use of the islands for nature-focused 
exhibitions and educational uses. The plan calls for a nature reserve 
park to restore the ecosystem and provide usable open space for 
visitors. The renovated islands will also include a memorial tree grove 
dedicated to District of Columbia schoolchildren who were victims of 
the September 11, 2001, terrorist attacks.
  The District has taken steps towards implementing the plan by using 
the islands for environmental education programs. Currently, a 
renovated pedestrian bridge provides access to these islands for 
environmental programs and viewing by the general public.
  H.R. 2092 would clarify that these activities are permissible under 
the law. The bill would amend the Children's Island Act to expand the 
allowable uses for the islands to include recreational, environmental, 
and educational uses consistent with the Anacostia Waterfront Plan.
  The bill would retain a reversionary interest for the Federal 
Government for 30 years from the date of enactment of H.R. 2092. The 
Federal Government would be able to reclaim the islands in that period 
if the Secretary of the Interior determines that they are not being 
used for recreational, environmental, or educational purposes.
  The provision retains a role for the Federal Government in ensuring 
that the islands are used for the purposes stated in the Children's 
Island Act, as amended by H.R. 2092. At the same time, the provision 
encourages the District of Columbia to use the islands for productive 
purposes.
  As Chair of the subcommittee with jurisdiction and oversight over the 
District of Columbia, I am pleased to see that the District of Columbia 
government is moving forward with its plans to develop and provide 
appropriate environmental and educational experiences, particularly for 
its children and young people. I wholeheartedly support the city's 
efforts in this regard and urge my colleagues to do the same by voting 
in favor of H.R. 2092, the Kingman and Heritage Islands Act of 2009.
  Lastly, Mr. Speaker, I would like to enter into the Record an 
exchange of letters between our committee, the Committee on Oversight 
and Government Reform, and the House's Natural Resources Committee, 
which expresses Chairman Rahall's and the Natural Resources Committee's 
support of H.R. 2092 and waives their jurisdictional interest in this 
bill.

                                         House of Representatives,


                               Committee on Natural Resources,

                                  Washington, DC, October 7, 2009.
     Hon. Edolphus Towns,
     Chairman, Committee on Oversight and Government Reform, 
         Rayburn H.O.B., Washington, DC.
       Dear Mr. Chairman: Thank you for the opportunity to work 
     with you on H.R. 2092, the Kingman and Heritage Islands Act 
     of 2009, which contains matters within the jurisdiction of 
     the Committee on Natural Resources.
       Knowing of your interest in expediting this legislation, I 
     will not seek a sequential referral of H.R. 2092. Of course, 
     this waiver is not intended to prejudice any future 
     jurisdictional claims over the provisions of this legislation 
     or similar language. I also reserve the right to seek to have 
     conferees named from the Committee on Natural Resources on 
     these provisions, and request your support if such a request 
     is made.
       Please place this letter into the Congressional Record 
     during consideration of H.R. 2092 on the House floor.
       With warm regards, I am
           Sincerely,
                                               Nick J. Rahall, II,
     Chairman, Committee on Natural Resources.
                                  ____

         House of Representatives, Committee on Oversight and 
           Government Reform,
                                  Washington, DC, October 7, 2009.
     Hon. Nick Rahall,
     Chairman, Committee on Natural Resources, Longworth House 
         Office Building, Washington, DC.
       Dear Chairman Rahall: Thank you for your recent letter 
     regarding your Committee's jurisdictional interest in H.R. 
     2092, the Kingman and Heritage Islands Act of 2009.
       I appreciate your willingness to work cooperatively on this 
     legislation and I recognize that the bill contains provisions 
     that fall within the jurisdiction of the Committee on Natural 
     Resources. I understand and agree that your decision not to 
     seek a sequential referral on H.R. 2092 is without prejudice 
     to your Committee's jurisdictional interests in this or 
     similar legislation in the future. In the event a House-
     Senate conference on this or similar legislation is convened, 
     I would support your request for an appropriate number of 
     conferees.
       I will include a copy of your letter and this response in 
     the Congressional Record during consideration of the 
     legislation on the House floor. Thank you for your 
     cooperation as we work toward enactment of this legislation.
           Sincerely,
                                                   Edolphus Towns,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  I simply want to say I am happy to support H.R. 2092 and the economic 
development efforts of the District of Columbia. I rise in support of 
this bill. I will insert the remainder of my comments into the Record.
  The Kingman and Heritage Islands Act of 2009, passed out of Committee 
earlier in September, which amends the National Children's Island Act 
of 1995 to allow the District of Columbia to move forward with its 
economic development plans.
  The bill will make Kingman and Heritage Islands a center for 
environmental education and recreation, and will provide for 
restoration of the Anacostia River ecosystem. The renovated islands 
will include a particularly appropriate memorial tree grove dedicated 
to the three District of Columbia school children who were victims of 
the September 11 terrorist attacks.
  Kingman and Heritage Islands were created by the Army Corps of 
Engineers in the 1920s as part of the Anacostia Tidal Flats Reclamation 
project and were managed by the U.S. Department of the Interior and 
National Park Service through 1996.
  At the request of District officials, Congress originally dedicated 
the two islands to be developed as a child-oriented theme park. The Act 
transferred title of certain Park Service property in Anacostia Park, 
including Heritage Island and a portion of Kingman Island, to the 
District of Columbia. However, the law included a reversionary 
provision if a theme park was not built, necessitating this bill.
  The District has developed the ``Anacostia Waterfront Framework 
Plan'' to redevelop and revitalize the Anacostia waterfront, and this 
legislation will help them accomplish this goal.
  I am happy to support this bill and the economic development efforts 
of the District of Columbia, and I urge my colleagues to support 
passage of H.R. 2092.
  I reserve the balance of my time.
  Mr. LYNCH. Mr. Speaker, I yield 5 minutes to the gentlewoman from the 
District of Columbia (Ms. Norton), who is the sponsor, the lead sponsor 
and the driving force behind H.R. 2092.
  Ms. NORTON. Mr. Speaker, I thank the chairman of the subcommittee, 
Mr. Lynch, not only for yielding to me, but especially for his hard 
work on this bill, and I thank our ranking member for his important 
work on this bill as well.

[[Page H10565]]

  I want to associate myself with your remarks, Mr. Chairman, simply to 
indicate that this land is already in the possession of the District of 
Columbia, and yet the subcommittee had to be in pains to make sure that 
the reversionary clause was in keeping with the last bill, which I also 
sponsored, and with the changes we have asked for.
  The District took what was an abandoned man-made island, but in our 
most valuable Anacostia River, and tried to make something of it when 
it looked like there were some people who wanted to make a children's 
theme park. That did not occur, yet we were left with a bill that said 
this shall be a children's theme park or it reverts. It was up to me to 
come and change the reversionary clause when the District abandoned the 
idea.
  If I may say so, I am pleased the District has abandoned the idea and 
wants to use Kingman and Heritage Island to revitalize the Anacostia 
River and to essentially return this plot of land to use as an 
environmental natural reserve park which will help to restore the 
ecosystem and provide usable space, in addition, when people want to 
enjoy the river and nature in a place that is really in the middle of 
the District of Columbia, a big urban center.
  The District also wants to build an environmental education center. 
You can see how well the uses fit the land than even a children's theme 
park. I am particularly enamored with the remembrance grove. We have 
not forgotten the three children who were on the plane that went down 
on 9/11 who had won a contest by the National Geographic Association 
and who were looking forward to that trip.
  I am particularly pleased that the city's new plan complements my own 
work on the Anacostia Watershed Initiative bill which this Congress 
passed last session. I thank the chairman and the ranking member, and 
may I thank Mr. Rahall and his ranking member as well for waiving 
jurisdiction and allowing us to get on with the work of taking Kingman 
and Heritage Islands back to where they belong.
  Mr. CHAFFETZ. Mr. Speaker, this is a good bill with a lot of good 
work behind it. I appreciate the work my colleagues have done on this 
bill.
  I yield back the balance of my time.
  Mr. LYNCH. Mr. Speaker, I simply ask all Members on both sides of the 
aisle to support this measure sponsored by Ms. Norton, the delegate 
from the District of Columbia, and also supported by Mr. Rahall, the 
chairman of Natural Resources.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Lynch) that the House suspend the 
rules and pass the bill, H.R. 2092, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________