[House Report 109-316]
[From the U.S. Government Publishing Office]



109th Congress                                            Rept. 109-316
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

======================================================================



 
 FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2005

                                _______
                                

               December 16, 2005.--Ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 3699]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3699) 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

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.--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:
          (1) An unimproved portion of Audubon Terrace Northwest, 
        located east of Linnean Avenue Northwest, that is within U.S. 
        Reservation 402 (National Park Service property).
          (2) An unimproved portion of Barnaby Street Northwest, north 
        of Aberfoyle Place Northwest, that abuts U.S. Reservation 545 
        (National Park Service property).
          (3) 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).
          (4) Unimproved streets and alleys at Fort Circle Park located 
        within the boundaries of U.S. Reservation 497 (National Park 
        Service property).
          (5) An unimproved portion of Western Avenue Northwest, north 
        of Oregon Avenue Northwest, that abuts U.S. Reservation 339 
        (National Park Service property).
          (6) An unimproved portion of 17th Street Northwest, south of 
        Shepherd Street Northwest, that abuts U.S. Reservation 339 
        (National Park Service property).
          (7) 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).
          (8) 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.
  (b) Transfer of Administrative Jurisdiction From United States to 
District of Columbia.--Administrative jurisdiction over the following 
property owned by the United States and depicted on the Map is hereby 
transferred from the Secretary to the District of Columbia for 
administration by the District of Columbia:
          (1) A portion of U.S. Reservation 451.
          (2) A portion of U.S. Reservation 404.
          (3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
          (4) U.S. Reservation 251.
          (5) U.S. Reservation 8.
          (6) U.S. Reservations 277A and 277C.
          (7) Portions of U.S. Reservation 470.
  (c) Effective Date.--The transfers of administrative jurisdiction 
under this section shall take effect on the date of the enactment of 
this Act.

SEC. 202. EXCHANGE OF TITLE OVER CERTAIN PROPERTIES.

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

SEC. 203. CONVEYANCE OF UNITED STATES RESERVATION 174.

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

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

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

                        TITLE III--POPLAR POINT

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

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

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

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

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

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

SEC. 304. POPLAR POINT DEFINED.

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

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. DEFINITIONS.

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

SEC. 402. LIMITATION ON 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. 403. 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.

SECTION 404. CONDITIONS FOR DEVELOPMENT OF PROPERTIES CONVEYED OR 
                    TRANSFERRED TO DISTRICT OF COLUMBIA.

  With respect to any property for which title is conveyed or 
administrative jurisdiction is transferred to the District of Columbia 
under this Act or any amendment made by this Act, the following rules 
shall apply:
          (1) The District shall, in the development of the property, 
        continue to fund and use training and workforce programs that 
        improve the skills and labor force participation of the 
        District's youth.
          (2) The District shall carry out the solicitation and 
        evaluation of proposals for the development of the property in 
        a manner which ensures, to the greatest extent practicable, the 
        participation of disadvantaged business enterprises among the 
        equity partners of the sponsors of the proposals.
          (3) The development of the property shall be consistent with 
        the National Capital Planning Commission's Memorials and 
        Museums Master Plan of December 2001 and the recommendations of 
        the South Capitol Street Task Force of the National Capital 
        Planning Commission.

                       Purpose of the Legislation

    The purpose of H.R. 3699, as amended, is to transfer 
ownership and jurisdiction of properties within the District of 
Columbia between the General Services Administration and 
Department of Interior and the government of the District of 
Columbia. H.R. 3699, as amended, also clarifies the terms and 
conditions under which these transfers are to take place.

                Background and Need for the Legislation

    H.R. 3699, as amended, authorizes the exchange of land 
between the General Services Administration (GSA) and 
Department of Interior's National Park Service (NPS) and the 
District of Columbia (the District). Under a transfer of 
jurisdiction, the federal government retains ownership of the 
property and the District is given authority to maintain and 
administer the property.
    Transferring this land allows the District to utilize the 
lands for development to increase its tax base and decrease 
financial dependence on the federal government. Many of the 
parcels in H.R. 3699, as amended, are underutilized or 
neglected; consequently the transfer would help the Federal 
government manage existing properties by reducing maintenance 
backlogs. These lands are not currently providing substantial 
value and their transference to the District would allow 
taxpayer dollars to be spent on maintaining more useful 
properties.
    The federal government will receive from the District a 
number of parcels of land and properties that will allow the 
federal government to consolidate its holdings within the 
District to better manage and maintain these properties and 
allow for future federal development at the West Campus of St. 
Elizabeth's Hospital.

                       Summary of the Legislation


Section 1. Short title

    This section designates the title of the bill 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

    Section 101: This section requires the transfer of certain 
properties to the District of Columbia (the District) from the 
General Services Administration (GSA) and conversely from the 
District to GSA. The properties conveyed to the District 
include United States Reservation 13 and the Old Naval 
Hospital. The properties conveyed to GSA include five buildings 
located at the West Campus of St. Elizabeth's Hospital.
    Section 102: This section exempts the District and GSA from 
performance obligations otherwise required by law when 
properties are transferred and also terminates any outstanding 
claims against either entity.

Title II--Streamlining Management of Properties Located in the District 
                              of Columbia

    Section 201: This section requires the transfer of a number 
of unimproved and improved properties from the administrative 
jurisdiction of the District to the Department of Interior 
(Interior) and vice versa. The properties at issue from the 
District are a number of rights-of-ways, alleys, triangle 
parks, and the lands on traffic circles. The properties 
transferred from the Department of Interior include portions of 
a number of federal reservations located in the District.
    Section 202: This section requires the conveyance of title 
from D.C. to Interior of two properties and from Interior to 
the District of 14 parcels of federal land and portions of two 
others and from the District to Interior of two properties in 
Northwest D.C. adjacent to existing federal parcels.
    Section 203: This section requires Interior to convey U.S. 
Reservation 174 to the District. This 13,500 square foot 
reservation at New York Avenue and 11th Street, N.W., was 
transferred to the District in the 1970's as part of the site 
for the Old Convention Center with the condition that it was to 
remain as open space adjacent to the structure. Conveyance of 
title to the District would be conditioned upon the District 
completing a final plan for the Old Convention Center site 
through a public planning process, the plan considering an 
alternative that maintains U.S. 174 as open space, and the 
final plan including 1.25 acres of open space. During the 
planning process, the District must consider an alternative 
that will maintain the open space on U.S. Reservation 174. This 
alternative can involve building space constructed underneath 
U.S. Reservation 174.
    Section 204: This section requires the Secretary to convey 
no more than 15 contiguous acres within National Park Service 
(NPS) land surrounding Robert F. Kennedy Memorial Stadium to 
the District for the purpose of siting, developing, and 
operating an educational institution for the public welfare, 
with the first preference given to a pre-collegiate public 
boarding school. The conveyance is to occur upon receipt by the 
Secretary of: (1) a written description of the land from the 
District to be conveyed; and (2) a long-term lease executed by 
the District that is contingent upon the Secretary's conveyance 
of the described parcel for the identified purpose. Upon 
conveyance, the portion of the existing stadiumlease for the 
described parcel and all the conditions associated with it will 
terminate.

                        Title III--Poplar Point

    This title requires the transfer from NPS to D.C. of Poplar 
Point, a large park in the District. In exchange for this 
transfer, the District must allow the NPS to continue to occupy 
their facilities at Poplar Point, until such time as both agree 
such use is no longer necessary, and the District provides 
appropriate replacement space. The exchange also includes a 
number of restrictions on construction of facilities by the 
District.

                      Title IV--General Provisions

    Section 401: This section defines certain terms used in 
this Act.
    Section 402: The section stipulates that the United States 
is not responsible for paying any costs and expenses incurred 
by the District or any parties in connection with effecting the 
provisions of this title. Such costs include, but are not 
limited to, costs and expenses associated with zoning, land-use 
process, transfer taxes, recording taxes or recording fees.
    Section 403: This section requires the District, GSA, and 
the Secretary, must provide a quitclaim deed to the other for 
the property for each of the properties conveyed within six 
months after the conveyance.
    Section 404: This section requires that for any development 
of property transferred to the District, such development 
include training and workforce programs for District youth, 
incorporate opportunities for small and disadvantaged 
businesses, and be consistent with both the National Capital 
Planning Commission's (NCPC) December 2001 Master Plan and the 
recommendations of the NCPC South Capitol Street Task Force.

            Legislative History and Committee Consideration

    H.R. 3699 was introduced by Representative Tom Davis, 
Delegate Eleanor Holmes Norton, and Representative Chris Van 
Hollen on September 8, 2005. On November 18, 2005, the 
Committee on Government Reform reported H.R. 3699 with an 
amendment. On November 18, 2005, H.R. 3699, as amended, was 
sequentially referred to the Committee on Transportation and 
Infrastructure until December 17, 2005.
    On December 7, 2005, the Committee on Transportation and 
Infrastructure met in open session and considered H.R. 3699, as 
amended by the Committee on Government Reform. An amendment was 
offered by Mr. Shuster, making three changes to the legislation 
as reported by the Committee on Government Reform. The 
amendment deleted a provision in Section 101 and all of Section 
402, which exempt the District of Columbia and the federal 
government from the requirements of a number of environmental 
requirements. Additionally, a new Section 404 was added that 
requires for any development of property transferred to the 
District, such developments shall include training and 
workforce programs for District youth, incorporate 
opportunities for small and disadvantaged businesses, and be 
consistent with both the National Capital Planning Commission's 
(NCPC) December 2001 Master Plan and the recommendations of the 
NCPC South Capitol Street Task Force. The amendment was adopted 
by voice vote, with a quorum present. A motion by Mr. Shuster 
to order H.R. 3699, as amended, favorably reported to the House 
was agreed to unanimously, by voice vote with a quorum present. 
There were no recorded votes taken during consideration of H.R. 
3699, as amended.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were no recorded votes taken in conjunction with ordering 
H.R. 3699, as amended, favorably reported to the House.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are 
included in the legislation, as amended.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3699, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 12, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3699, the Federal 
and District of Columbia Real Property Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                           Donald B. Marron
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3699--Federal and District of Columbia Real Property Act of 2005

    H.R. 3699 would authorize the exchange of 29 parcels of 
land between the federal government and the District of 
Columbia. CBO estimates that enacting H.R. 3699 would not 
significantly affect the federal budget. The bill contains an 
intergovernmental mandate as defined in the Unfunded Mandates 
Reform Act (UMRA) because it would terminate certain claims of 
the District of Columbia against the United States. CBO 
estimates, however, that the cost of this mandate would not 
exceed the threshold established in UMRA ($62 million in 2005, 
adjusted annually for inflation). The land exchanges authorized 
by this bill generally would benefit the District, and any 
costs it would incur to fulfill the conditions of those 
exchanges would be incurred voluntarily. The bill would impose 
no other costs on any state, local, or tribal government. H.R. 
3699 contains no private-sector mandates as defined in UMRA.
    Under the bill, the District of Columbia would get title to 
nine National Park Service (NPS) and two General Services 
Administration (GSA) properties, including 66 acres around the 
site of the former D.C. General Hospital, Poplar Point 
(approximately 100 acres on the east side of the Anacostia 
River adjacent to the 11th Street Bridge), 15 acres of the 
Robert F. Kennedy Stadium parking lot, and four other small 
Potomac Avenue parcels (to permit development of the proposed 
baseball stadium in southeast Washington). The District of 
Columbia also would gain administrative jurisdiction (which 
includes administration and maintenance, but not title) over 
seven smaller NPS properties.
    In exchange, the NPS would gain administrative jurisdiction 
over eight properties and title to two others. GSA would gain 
title to five buildings on the west campus of St. Elizabeth's 
Hospital in southeast Washington. In addition, as part of the 
exchange, the United States would gain release from all current 
claims by the District regarding St. Elizabeth's Hospital, and 
the District would cover all costs associated with the 
relocation of federal facilities currently located at Poplar 
Point (headquarters of the National Capital Parks-East and the 
U.S. Park Police Anacostia Operations and Helicopter 
Facilities).
    CBO estimates that conveying those federal properties to 
the District would not affect offsetting receipts because NPS 
and GSA have no plans for declaring the affected properties 
excess to their needs and selling them. In addition, the 
properties generate no significant receipts that could be lost 
as a result of the exchange.
    Enacting H.R. 3699 could result in savings to the federal 
government from the release of all current claims by the 
District regarding St. Elizabeth's Hospital, but at present, 
such claims have not been adjudicated and CBO cannot estimate 
the value of such savings, if any.
    On October 12, 2005, CBO transmitted a cost estimate for 
H.R. 3699 as ordered reported by the House Committee on 
Government Reform on September 29, 2005. The two pieces of 
legislation are similar, and our cost estimates are the same.
    The CBO staff contacts for federal costs are Matthew 
Pickford and Deborah Reis. The CBO staff contact for the 
intergovernmental impact is Marjorie Miller. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 3699 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

SECTION 7 OF THE DISTRICT OF COLUMBIA STADIUM ACT OF 1957

    Sec. 7. (a) * * *

           *       *       *       *       *       *       *

    (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.

                                  
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