[House Report 118-400]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-400
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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D.C. ROBERT F. KENNEDY MEMORIAL STADIUM CAMPUS REVITALIZATION ACT
_______
February 23, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4984]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4984) to amend the District of Columbia Stadium
Act of 1957 to provide for the transfer of administrative
jurisdiction over the Robert F. Kennedy Memorial Stadium Campus
to the Administrator of General Services and the leasing of the
Campus to the District of Columbia for purposes which include
commercial and residential development, and for other purposes,
having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``D.C. Robert F. Kennedy Memorial
Stadium Campus Revitalization Act''.
SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER RFK MEMORIAL
STADIUM CAMPUS TO DISTRICT OF COLUMBIA.
(a) Exercise of Transfer Authority.--
(1) Transfer.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Interior (hereafter
referred to as the ``Secretary''), acting under the authority
of section 8124 of title 40, United States Code (except as
provided under paragraph (2)), shall transfer administrative
jurisdiction over the Robert F. Kennedy Memorial Stadium Campus
(hereafter referred to as the ``Campus'') to the District of
Columbia (hereafter referred to as the ``District''), subject
to a Declaration of Covenants with the District which is
consistent with the succeeding provisions of this Act and which
includes such other terms and conditions as may be agreed to by
the Secretary and the District.
(2) Waiver of requirement for prior recommendation of
national capital planning commission.--The second sentence of
section 8124(a) of title 40, United States Code, shall not
apply to the transfer of administrative jurisdiction over the
Campus under this section.
(3) No effect on status of ownership of campus.--Consistent
with section 8124 of title 40, United States Code, the transfer
of administrative jurisdiction over the Campus under this
section does not change the status of the ownership of the
Campus by the United States.
(b) Development and Uses of Campus.--After transfer of administrative
jurisdiction over the Campus under this section, the District may
develop and use, and permit the development and use of, the Campus for
any of the following purposes:
(1) Stadium purposes, including training facilities, offices,
and other structures necessary to support a stadium.
(2) Commercial and residential development.
(3) Facilities, open space, and public outdoor opportunities,
which may include supporting cultural activities, educational
activities, and recreational activities, as such terms are
defined in section 3306(a) of title 40, United States Code.
(4) Such other public purposes for which the Campus was used
or approved for use prior to June 1, 1985.
(5) Demolition purposes to facilitate development and use of
the Campus under subparagraphs (1) through (4).
(c) Specific Requirements Relating to Development and Use of
Campus.--The Declaration of Covenants entered into under subsection
(a)(1) shall include provisions to require the District to meet the
following requirements as a condition of the development and use of the
Campus as set forth under subsection (b) after transfer of
administrative jurisdiction over the Campus under this section:
(1) The District shall ensure that the development and use
does not materially degrade or adversely impact any lands under
the jurisdiction of the National Park Service, including the
restoration of the wetlands south of Kingman Island.
(2) The District shall designate, develop, operate, and
maintain at least 30 percent of the Campus (excluding the
riparian area of the Campus as defined in subsection (g)(2)) as
the ``Robert F. Kennedy Memorial Park'' as parks and open space
to provide land for passive and active outdoor recreation and
shall require that portion to be reserved for such purposes for
the duration of the transfer.
(3) The District shall ensure that the development and use
provides for improved public access to the Anacostia River and
shall not interrupt the Anacostia River Trail.
(4) The District shall, to the extent necessary, ensure that
parking facilities are provided to accommodate the development.
(5) The District shall provide for adequate public safety and
security measures and resources in the planning and ongoing
management of the development.
(6) The District shall carry out measures that, to the
greatest extent practicable, will reduce the impact of noise
and traffic of the development on surrounding residential areas
in the District.
(7) The District shall operate and maintain the riparian area
of the Campus in accordance with subsection (g).
(8) The District shall ensure that no Member of Congress,
Delegate or Resident Commissioner to the Congress, or any other
official of the Government of the United States or the
Government of the District of Columbia shall be admitted to any
share or part of any lease entered into by the District in the
exercise of the administrative jurisdiction over the Campus
transferred under this section, or to any benefit that may
arise therefrom, including any contract or agreement made,
entered into, or accepted by or on behalf of the District as a
result of this section. Nothing in the previous sentence may be
construed to apply to a person who is a shareholder or other
beneficial owner of any publicly held corporation or other
entity, if the lease is for the general benefit of such
corporation or other entity.
(d) Survey.--
(1) Requiring survey.--As soon as practicable after the date
of the enactment of this Act, the District shall conduct a
survey of the Campus, which shall determine the exact acreage
and legal description of the Campus by a boundary survey
prepared by a qualified Federally-, State-, or District-
licensed surveyor who is approved by the Secretary.
(2) Submission to congress.--Upon completion, the survey
conducted under paragraph (1) shall be submitted to--
(A) the Committee on Oversight and Accountability and
the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Energy and
Natural Resources of the Senate.
(3) Incorporation in declaration of covenants for transfer.--
The survey conducted under paragraph (1) shall be incorporated
in the Declaration of Covenants entered into under subsection
(a)(1).
(4) Availability of survey and map for public inspection.--
The survey conducted under paragraph (1), together with the map
of the Campus referred to in subsection (m), shall be kept on
file and available for public inspection in the appropriate
offices of the Secretary.
(e) Memorandum of Understanding.--As a condition of the development
and use of the Campus after transfer of administrative jurisdiction
over the Campus under this section, the Secretary and the District
shall enter into a memorandum of understanding to determine an
allocation of the costs of carrying out all responsibilities of the
United States and the District with respect to the Campus under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), including any costs of any response action with
respect to any contamination present on the Campus.
(f) Costs.--
(1) Costs of transfer.--The District shall be responsible for
payment of any costs of carrying out the transfer of
administrative jurisdiction over the Campus under this section,
including--
(A) any costs of carrying out the survey under
subsection (d); and
(B) any costs of carrying out any environmental
analysis required under Federal law.
(2) Costs after transfer.--Except as provided under the
memorandum of understanding entered into under subsection (e),
the Secretary shall not be responsible for payment of any costs
or expenses that are incurred by the District or any other
party (other than the United States) associated with the Campus
after the transfer of administrative jurisdiction under this
section.
(g) Special Rules for Riparian Area.--
(1) Restriction on development and use.--The Declaration of
Covenants entered into under subsection (a)(1) shall include
provisions to ensure that the riparian area of the Campus may
not be developed or used for any purposes other than the
continuing maintenance of any development, use, or
infrastructure (including roads and pathways) existing at the
time of the execution of the transfer of administrative
jurisdiction over the Campus under this section.
(2) Riparian area of the campus defined.--In this subsection,
the term ``riparian area of the Campus'' means the area
designated in the map referred to in subsection (m) as
``Riparian Area (Area F)''.
(h) Prohibiting Use of Federal Funds for Stadium.--The Declaration of
Covenants entered into under subsection (a)(1) shall include provisions
to ensure that the District may not use Federal funds for stadium
purposes on the Campus, including training facilities, offices, and
other structures necessary to support a stadium.
(i) Term.--The transfer of administrative jurisdiction over the
Campus under this section shall be in effect for a term of not less
than 99 years, and may be renewed for subsequent periods agreed to by
the Secretary and the District.
(j) Reversion of Administrative Jurisdiction.--
(1) Grounds for reversion.--The Declaration of Covenants
entered into under subsection (a)(1) shall include provisions
stating that administrative jurisdiction over the Campus
transferred under this section shall revert to the Secretary if
each of the following occurs:
(A) The terms and conditions of the Declaration of
Covenants have not been complied with, as reasonably
determined by the Secretary.
(B) Such noncompliance has not been corrected within
90 days after written notice of such noncompliance has
been received by the District. Such noncompliance shall
be treated as corrected if the District and the
Secretary enter into an agreement that the Secretary
finds adequate to ensure that the Campus will be
developed and used in a manner consistent with the
purposes referred to in subsection (b).
(2) Timing.--The Secretary may not seek the reversion of
administrative jurisdiction over the Campus under this
subsection before the expiration of 90 days after the date on
which written notice of the alleged violation is received by
the District. The notice shall include notice of the
Secretary's intention for administrative jurisdiction over the
Campus to revert to the Secretary.
(3) Cost of rehabilitating property.--The Declaration of
Covenants entered into under subsection (a)(1) shall include
provisions requiring the District to bear the actual cost of
removing structures from or rehabilitating the Campus if
administrative jurisdiction over the Campus reverts to the
Secretary under this subsection.
(k) Rule of Construction Related to the Applicability to the
Administrative Jurisdiction Transfer.--Nothing in this section may be
construed to affect or limit the application of or obligation to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(l) Conforming Amendment; Termination of Existing Lease.--Effective
on the date of the transfer of administrative jurisdiction over the
Campus under this section--
(1) the District of Columbia Stadium Act of 1957 (sec. 3-321
et seq., D.C. Official Code) is repealed; and
(2) the lease dated January 14, 1988, between the United
States and the District for the use of the Campus, as
authorized by section 7(b)(1)(B) of such Act (sec. 3-
326(b)(1)(B), D.C. Official Code), is terminated.
(m) Definition.--In this Act, the term ``Robert F. Kennedy Memorial
Stadium Campus'' means the approximately 174 acres of Federal land as
generally depicted on the map entitled ``Anacostia Park, Robert F.
Kennedy Memorial Stadium Campus - Transfer of Administrative
Jurisdiction'', numbered 831/189,767, and dated January 2024.
Amend the title so as to read:
A bill to direct the Secretary of the Interior to transfer
administrative jurisdiction over the Robert F. Kennedy Memorial
Stadium Campus to the District of Columbia so that the District
may use the Campus for purposes including residential and
commercial development, and for other purposes.
Purpose of the Legislation
The purpose of H.R. 4984, as ordered reported, is to direct
the Secretary of the Interior to transfer administrative
jurisdiction over the Robert F. Kennedy Memorial Stadium Campus
to the District of Columbia so that the District may use the
Campus for purposes including residential and commercial
development, and for other purposes.
Background and Need for Legislation
The Robert F. Kennedy (RFK) Memorial Stadium Campus
encompasses approximately 142 acres of National Park Service
(NPS) land located in the eastern part of the District of
Columbia (D.C.). RFK is owned by the City of D.C., which also
has a lease on the land underneath and surrounding the stadium
from NPS for sports and recreation use until 2038. From the
early 1900s until 1957, the land was used as a park and open
space. In 1957, Congress authorized construction of a stadium
on the land. The D.C. Stadium opened in 1961 as a multipurpose
stadium for the Washington Redskins (now the Washington
Commanders) and the Washington Senators (a Major League
Baseball team). By 1969, the D.C. Stadium was renamed RFK
Stadium in honor of Robert F. Kennedy. In 1996, the football
team played their last game at the stadium, which then became
home of D.C. United (Major League Soccer team) until 2017. The
stadium is now vacant, falling into disrepair, and is set to be
demolished.
H.R. 4984 allows for a long-term solution and coordination
between the City of D.C. and the federal government for the
future development and use of this site. The bill facilitates a
transfer of administrative jurisdiction under 40 U.S.C. 8124
authority. Under this long-standing authority, NPS would retain
title to the land and the City of D.C. would become ``merely
the entity with custody and control over the underlying
property.''\1\ This authority has been used since the 1930's
and past examples include transfers of jurisdiction to
accommodate growing libraries, roads, schools, and parks. The
bill allows for a transfer of up to 99 years, which may be
renewed. The bill ensures any development of the site will not
adversely impact the land, including the restoration of
wetlands; is at least 30 percent parks and open space; will
improve access to the Anacostia River and maintain access to
the Anacostia River Trail; provide for necessary parking
facilities and public safety measures; and will reduce noise
and traffic on surrounding areas.
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\1\Transfers of Jurisdiction, Legislative Authorities, National
Capital Planning Commission, accessed Feb. 1, 2024, https://www.ncpc/
gov/about/authorities/.
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The House Committee on Natural Resources (HNRC) reported
version of the bill contains several notable changes that
differ from the House Committee on Oversight and Accountability
(COA) reported version. The bill reported by HNRC reflects
months of bipartisan conversations between the sponsors of the
bill, relevant committees, the Department of the Interior and
NPS, and D.C. First, under the HNRC version of the bill, the
General Services Administration (GSA) is no longer involved in
any transfer and is not responsible for any portion of the
stadium site. The administrative jurisdictional transfer is
solely from the NPS to D.C. This is distinct from the COA
version, which had GSA playing a prominent role in taking over
administrative jurisdiction of the site. Second, the HNRC
version specifically states no federal funds may be used for
stadium purposes including facilities, offices, and structures
necessary to support a stadium. This is a new addition to the
text, which was previously silent on this question. Finally,
the HNRC version includes a provision requiring the Secretary
of the Interior and D.C. to enter into an agreement dividing
the allocation of costs associated with any environmental
remediation of the site under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA).
During bipartisan conversations between the stakeholders,
several questions arose surrounding the application of CERCLA
and the National Environmental Policy Act of 1969 (NEPA). There
was a bipartisan agreement, with concurrence from the
administration, that NPS would conduct a NEPA analysis on the
transfer of administrative jurisdiction itself. After this
transfer, it was universally agreed that development and use of
the campus by D.C. would not be considered a major federal
action, and therefore NEPA would not apply. Similarly, it was
agreed that the transfer of administrative jurisdiction did not
delegate any authorities under NEPA to D.C. Due to the
consensus around this process, the text of the bill remained
silent on NEPA, as any savings clause clarifying consistency
with NEPA would be superfluous. Similarly, questions arose
about the costs and responsibilities associated with CERCLA. To
address this, the HNRC version included a new memorandum of
understanding allowing D.C. and the Secretary of the Interior
to create a division of past, present, and future costs
associated with the site. The language retained a savings
clause to clarify that this only applied to shifting costs and
that no liabilities would be shifted by the legislation or the
memorandum of understanding.
Committee Action
H.R. 4984 was introduced on July 27, 2023, by Rep. James
Comer (R-KY). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Federal Lands. The bill was also referred to the Committee on
Oversight and Accountability, and the Committee on
Transportation and Infrastructure. On September 19, 2023, the
Subcommittee on Federal Lands held a hearing on the bill. On
February 6, 2024, the Committee on Natural Resources met to
consider the bill. The Subcommittee on Federal Lands was
discharged from further consideration of H.R. 4984 by unanimous
consent. Chairman Bruce Westerman (R-AR) offered an Amendment
in the Nature of a Substitute designated Westerman_075 ANS.
Representative Matt Rosendale (R-MT) offered an amendment to
the Amendment in the Nature of a Substitute designated
Rosendale #1. The amendment was not agreed to by a roll call
vote of 8 yeas to 33 nays, as follows:
The Amendment in the Nature of a Substitute, designated
Westerman_075 ANS, was agreed to by voice vote. The bill, as
amended, was ordered favorably reported to the House of
Representatives by voice vote. The long title of the bill, as
ordered reported, was amended by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Federal Lands held on September
19, 2023.
Section-by-Section Analysis
Section 1. Short title
Establishes the short title of the bill as
the ``D.C. Robert F. Kennedy Memorial Stadium Campus
Revitalization Act.''
Section 2. Transfer of administration jurisdiction over RFK Memorial
Stadium Campus to District of Columbia
Requires the Secretary of the Interior
(Secretary) to transfer administration jurisdiction of
the Robert F. Kennedy Memorial Stadium Campus (Campus)
to the District of Columbia (D.C.) within 180 days
after date of enactment under Section 8124 of Title 40
of the U.S. Code. This provision waives the portion of
U.S. Code that requires the National Capital Planning
Commission to recommend the transfer and clarifies that
the transfer does not affect ownership of the Campus.
Allows D.C. to use the Campus for stadium
purposes, commercial and residential development,
recreational facilities, open space, public outdoor
recreation, or prior existing uses. This includes any
demolition of existing sites and structures to
facilitate that development (i.e. the demolition of the
current RFK Stadium to build a new stadium and
surrounding facilities).
Clarifies D.C. can develop and use the
Campus based on a series of criteria agreed to in the
Declaration of Covenants including:
Ensuring any development of the
campus will not adversely impact the land,
including the restoration of wetlands;
Maintaining at least 30 percent
parks and open space;
Improving access to the
Anacostia River, maintaining access to the
Anacostia River Trail, and maintains the
riparian area;
Providing for necessary parking
facilities and public safety measures; and
Reducing noise and traffic on surrounding
areas.
Restricting Members of Congress,
Delegates, Resident Commissioners to Congress,
or any other federal or D.C. government
employee from benefiting from leases or
contracts related to the transfer.
Requires a survey of the Campus, which will
be submitted to Congress, incorporated into the
Declaration of Covenants, and be available to the
public.
Requires the Secretary and D.C. to enter
into a memorandum of understanding related to the
allocation of costs of carrying out all
responsibilities of the United States and D.C. with
respect to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) and the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.).
Clarifies D.C. shall pay for costs
associated with the transfer, including the survey and
any environmental analysis. After the transfer, the
Secretary will not be required to pay for general
maintenance of the site.
Prohibits any new development within the
riparian area of the Campus.
Specifies that no federal funds may be used
for stadium purposes including facilities, offices, and
structures necessary to support a stadium.
Specifies the transfer of administrative
jurisdiction will last for 99 years and be subject to
renewal.
Allows for a reversion of administrative
jurisdiction if the Secretary determines that D.C. has
not complied with the Declaration of Covenants and does
not correct the noncompliance within 90 days of written
notice.
Clarifies nothing in the bill alters any
liabilities or obligations under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
Revokes the District of Columbia Stadium Act
of 1957 and the current RFK Stadium lease.
Defines the map associated with the RFK
Stadium Campus.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to direct the
Secretary of the Interior to transfer administrative
jurisdiction over the Robert F. Kennedy Memorial Stadium Campus
to the District of Columbia so that the District may use the
Campus for purposes including residential and commercial
development, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to 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.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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):
DISTRICT OF COLUMBIA STADIUM ACT OF 1957
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [This Act
may be cited as the ``District of Columbia Stadium Act of
1957''.]
[Sec. 3. The Secretary of the Interior is authorized and
directed to acquire by gift, purchase, condemnation, or
otherwise, all real property within the boundaries of the East
Capitol Street site, as established in the first paragraph
under the heading ``(2) East Capitol Street Site'' contained in
the National Capital Planning Commission report entitled
``Preliminary Report on Sites for National Memorial Stadium''
dated November 8, 1956 and thereafter, acting under authority
of the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916, as
amended (16 U. S. C. 1 and the following), the Secretary of the
Interior shall enter into a contract with the Board for the
construction, maintenance, and operation of the stadium
including the operation and maintenance of motor-vehicle
parking areas) on such East Capitol Street site, except that
such contract may be for a term of not more than thirty years.
The Secretary of the Interior is authorized and directed to
construct and prepare in areas A, C, D, and E only, on such
site, as such areas are indicated on National Capital Parks Map
numbered 1.7-146, motor vehicle parking areas, including
driveways, walks, lighting, and landscaping, at a total cost
not to exceed $2,660,000.
[Sec. 4. (a) The Board is hereby authorized to provide for
the payment of the cost of preliminary engineering and economic
surveys relating to the stadium, and for the payment of the
cost of planning, designing and constructing such stadium, and
to provide funds for the operation and maintenance of such
stadium, and for the payment of interest on the bonds
authorized herein during the period of construction and during
the 12-month period following completion of construction of the
stadium, by an issue or issues of negotiable bonds of the
Board, bearing interest, payable annually or semiannually, as
the Board shall determine, at a rate not exceeding such rate as
shall be approved by the Secretary of the Treasury. All such
bonds mag be registered as to principal alone or both principal
and interest, shall be payable as to principal within not to
exceed thirty years from the date thereof, shall be in such
denominations, shall be executed in such manner, and shall be
payable in such medium and at such place or places as the Board
may determine, and the face amount thereof shall be so
calculated as to produce, at the price of their sale, the cost
of the stadium constructed pursuant to this Act. The Board may
reserve the right to redeem any or all of the bonds before
maturity in such manner and at such price or prices not
exceeding 105 per centum of the face value and accrued interest
as may be fixed by the Board prior to the issuance of the
bonds. The Board when it deems advisable may issue refunding
bonds to refinance any outstanding bonds, and interest thereon,
at maturity or before maturity when called for redemption,
except that such refunding bonds shall mature within not to
exceed thirty years from the date thereof, or not to exceed
fifty years from the date of enactment of this Act, whichever
shall first occur.
[(b) The bonds may be sold at not less than par. If the
proceeds of the bonds shall exceed the cost, the excess shall
be placed in the fund created by section 6 for the payment of
the principal and interest of such bonds. Prior to the
preparation of definitive bonds the Board may, under like
restrictions, issue temporary bonds, or may, under like
restrictions, issue temporary bonds or interim certificates
without coupons, of any denomination whatsoever, exchangeable
for definitive bonds when such bonds that securities have been
executed are available for delivery.
[(c) All bonds, or other obligations, issued by the Board
under authority of this Act, shall be exempt both as to
principal and interest, from all taxation (except estate and
inheritance taxes) now or hereafter imposed by the District of
Columbia.
[Sec. 7. (a) After payment of the bonds and interest or after
a sinking fund sufficient for such purpose shall have been
provided and shall be held solely for that purpose, but in any
event not later than fifty years from the date of enactment of
this Act, all right, title, and interest in and to the stadium
constructed under this Act shall vest in the United States.
[(b)(1) Not later than 180 days after the date of enactment
of this subsection, the Secretary of the Interior shall--
[(A) convey without consideration to the government
of the District of Columbia all right, title, and
interest of the United States in and to the building
comprising the stadium constructed under this Act; and
[(B) lease without consideration to the government of
the District of Columbia--
[(i) the ground under; and
[(ii) the parking facilities associated with
the stadium constructed under this Act.
[(2) The lease authorized by paragraph (1)(B) shall be for a
period of 50 years.
[(c) The conveyance and lease of real property under
subsection (b) shall be subject to such terms and conditions
(which shall be set forth in the instrument of conveyance) as
will ensure that title to the property shall not be transferred
by the District to any person or entity other than the United
States or any political subdivision or agency of the District
of Columbia or the United States and that the property will be
used only for--
[(1) stadium purposes;
[(2) providing recreational facilities, open space,
or public outdoor recreation opportunities;
[(3) such other public purposes for which the
property was used prior to June 1,1985; and
[(4) such other public purposes for which the
property was approved for use by the Secretary with the
concurrence of the National Capital Planning Commission
prior to June 1, 1985.
[(d)(1) The instrument of conveyance and the lease referred
to in subsection (c) shall provide that all right, title, and
interest conveyed to the District of Columbia pursuant to such
instrument of conveyance shall revert to the United States and
the lease shall terminate if--
[(A) the terms and conditions referred to in
subsection (c) have not been complied with, as
determined by the Secretary, and
[(B) such noncompliance has not been corrected within
ninety days after written notice of such noncompliance
has been received by the Mayor of the District of
Columbia. Such noncompliance shall be treated as
corrected if the District of Columbia and the Secretary
enter into an agreement, with the concurrence of the
National Capital Planning Commission, which the
Secretary considers adequate to ensure that the
property will be used in a manner consistent with the
purposes referred to in subsection (c).
[(2) No person may bring an action respecting a violation of
any term or condition referred to in subsection (c) before the
expiration of ninety days after the date on which such person
has notified the Mayor of the District of Columbia of the
alleged violation. The notice shall include notice of such
person's intention to bring an action to declare a reversion
and termination of the lease under paragraph (1) of this
subsection.
[(3) The conveyance of real property under subsection (b)
shall be made subject to the condition that the District of
Columbia shall bear the cost of removing structures or
rehabilitating the land or stadium should the stadium revert to
the United States pursuant to this subsection.
[(4) Any property which reverts to the Secretary under this
subsection shall be administered by the Secretary as part of
the Park System of the Nation's Capital in accordance with the
provisions of the Act of August 25, 1916 (16 U.S.C. 1, 2-4),
and other provisions of the law generally applicable to units
of the national park system.
[(e)(1) Upon receipt of a written description from the
District of Columbia of not more than 15 contiguous acres
(hereinafter referred to as ``the 15 acres''), 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 21st Street, NE, Oklahoma Avenue, NE, Benning
Road, NE, the Metro line, and C Street, NE, and execution of a
long-term lease by the Mayor of the District of Columbia that
is contingent upon the Secretary's conveyance of the 15 acres
and for the purpose consistent with this paragraph, the
Secretary shall convey the 15 acres described land 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, the portion of the stadium lease that
affects the 15 acres on the property and all the conditions
associated therewith shall terminate, and the 15 acres property
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) of this subsection
shall take effect immediately. The Mayor of the District of
Columbia shall execute and deliver a quitclaim deed to
effectuate the District's responsibilities under this section.
[Sec. 11. As used in this act the term--
[(1) ``stadium'' includes all equipment, appliances,
facilities, and property of any kind (including any
area designated A, B, C, D, or E on the revised map
entitled ``Map to Designate Transfer of Stadium and
Lease of Parking Lots to the District'', prepared
jointly by the National Park Service (National Capital
Region) and the District of Columbia Department of
Public Works for site development and dated October
1986 (NPS drawing number 831/87284-A)), necessary to
carry out the purposes of this Act.]