[House Report 111-275]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-275

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



 
                KINGMAN AND HERITAGE ISLANDS ACT OF 2009

                                _______
                                

 September 29, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Towns, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2092]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     3
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Rollcall Votes...................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Constitutional Authority Statement...............................     4
Federal Advisory Committee Act...................................     5
Unfunded Mandates Statement......................................     5
Earmark Identification...........................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     6

  The amendment (stated in terms of the page and line numbers 
of the introduced bill) is as follows:
  Page 3, strike lines 12 through 14 and insert the following:

  (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).''.

                          Purpose and Summary

    H.R. 2092 was introduced by Congresswoman Eleanor Holmes 
Norton on April 23, 2009. The National Children's Island Act of 
1995\1\ (Children's Island Act) required the federal government 
to transfer title in the Kingman and Heritage Islands to the 
District of Columbia (District), for use as a children's 
recreational park. H.R. 2092 would expand the allowable uses 
for these properties to include recreational, environmental, 
and educational uses. This would allow the District to use the 
islands in a productive manner.
---------------------------------------------------------------------------
    \1\Pub. L. No. 104-163 (1996).
---------------------------------------------------------------------------

                  Background and Need for Legislation

    Kingman and Heritage Islands (islands) were created in the 
Anacostia River from sediment dredged by the Army Corps of 
Engineers in 1916. The islands were managed by the National 
Park Service (NPS) of the Department of the Interior through 
1996. Signed into law in July 1996, the Children's Island Act 
required the federal government, specifically the Secretary of 
the Interior, to transfer title in the islands to the District 
for use as a children's recreational park. In the ensuing 
years, a variety of problems, including litigation, prevented 
full implementation of the original goal.
    In 2003, the District developed the Anacostia Waterfront 
Framework Plan (Waterfront Plan) to redevelop and revitalize 
the Anacostia waterfront, pursuant to a memorandum of 
understanding between the District and several federal 
agencies, including the NPS. The Waterfront Plan envisions the 
use of the islands for nature-themed exhibitions and 
educational uses, including a memorial tree grove dedicated to 
District schoolchildren who were victims of the September 11, 
2001 terrorist attacks. The District has taken steps toward 
implementing the Plan by using the islands for environmental 
education programs. H.R. 2092 would clarify that these 
activities are permissible uses 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 Waterfront Plan and the 
District's Comprehensive Plan, a general policy document that 
provides overall guidance for future planning and development 
of the District.
    The Children's Island Act included language that allows 
title in the islands to revert back to the United States if the 
land is not used in a manner consistent with the purposes of 
the Act. The Secretary of the Interior, through the NPS, has 
not taken any steps to exercise this reversionary interest 
under the procedures outlined in the Children's Island Act. An 
amendment adopted by the Committee would retain a reversionary 
interest for the federal government for 30 years from the date 
of enactment of H.R. 2092. This provision retains a role for 
the federal government in ensuring that islands are used for 
the purposes stated in the Children's Island Act, as amended by 
H.R. 2092.

                          Legislative History

    H.R. 2092 was introduced by Congresswoman Eleanor Holmes 
Norton on April 23, 2009, and referred to the Committee on 
Oversight and Government Reform. The Committee held a markup of 
H.R. 2092 on September 10, 2009, and adopted by unanimous 
consent an amendment to retain the federal government's 
reversionary interest in the islands for 30 years. The 
Committee then ordered H.R. 2092 reported by voice vote.

                           Section-by-Section


Sec. 1. Short title

    The short title of the bill is the Kingman and Heritage 
Islands Act of 2009.

Sec. 2. Amendments to National Children's Island Act of 1995

    Subsection (a) of Section 2 would amend the Children's 
Island Act to expand the allowable uses for the islands by 
stating that it is not a violation of the Children's Island Act 
for the District to use the lands conveyed and the easements 
granted under the Children's Island Act in accordance with the 
Anacostia Waterfront Framework Plan and the Comprehensive Plan. 
Subsection (a) also defines the Anacostia Waterfront Framework 
Plan and the Comprehensive Plan.
    Subsection (b) of Section 2 would modify the reversionary 
interest of the federal government included in the Children's 
Island Act. The Children's Island Act includes a provision that 
allows title in the islands to revert back to the United States 
if the land is not used in a manner consistent with the 
purposes of the Act. Subsection (b) would amend the Children's 
Island Act, retaining a reversionary interest for the federal 
government for 30 years from the date of enactment of H.R. 
2092. Subsection (b) states that the islands shall revert back 
to the federal government 60 days after the Secretary of 
Interior gives written notice to the District that the District 
is not using the islands for recreational, environmental, or 
educational uses in accordance with the National Children's 
Island, the Anacostia Waterfront Framework Plan, or other 
recreational, environmental, or educational use.

                       Explanation of Amendments

    An amendment offered by Congresswoman Norton was adopted by 
unanimous consent. H.R. 2092 as introduced would have 
eliminated the federal government's reversionary interest in 
the islands. The amendment adopted by the Committee would 
retain a reversionary interest for the federal government for 
30 years from the date of enactment of H.R. 2092. This 
amendment retains a role for the federal government in ensuring 
that islands are used for the purposes stated in the Children's 
Island Act, as amended by H.R. 2092.

                        Committee Consideration

    On Thursday, September 10, 2009, the Committee met in open 
session and favorably ordered H.R. 2092 to be reported to the 
House by a voice vote.

                             Rollcall Votes

    No rollcall votes were taken.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations. 
H.R. 2092 is not applicable to the legislative branch.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report, including 
the finding that allowing the District to use the islands for 
recreational, environmental, and educational purposes will 
facilitate productive use of the islands.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including the objective that the District use 
the islands in a productive manner in accordance with the 
Children's Island Act, as amended by H.R. 2092.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 2092. Article I, Section 8, Clauses 17 and 18 
of the Constitution of the United States grant the Congress the 
power to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement, the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 2092 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2092. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under Section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and Section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements 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. 2092 from the Director of 
the Congressional Budget Office:
                                                September 15, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, U.S. House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2092, the Kingman 
and Heritage Islands Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2092--Kingman and Heritage Islands Act of 2009

    H.R. 2092 would amend the National Children's Island Act of 
1995 to clarify that the District of Columbia may use two 
islands located in the Anacostia River for recreational, 
environmental, or educational purposes. In addition, the 
legislation would amend the terms of the reversionary interest 
in the islands held by the federal government. (Under 
reversionary interest, ownership of property that has been 
conveyed may revert to the federal government in certain 
circumstances.)
    Title to the two islands was conveyed to the District 
government in 1997 for recreational use, and the federal 
government has no plans to reclaim the properties. CBO 
estimates that enacting H.R. 2092 would have no significant 
impact on the federal budget and would not affect direct 
spending or revenues. H.R. 2092 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NATIONAL CHILDREN'S ISLAND ACT OF 1995

           *       *       *       *       *       *       *



SEC. 3. PROPERTY TRANSFER.

  (a) * * *

           *       *       *       *       *       *       *

  (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).] 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).

           *       *       *       *       *       *       *


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.

                                  
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