[107th Congress Public Law 224]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ224.107]


[[Page 1339]]

         JOHN F. KENNEDY CENTER PLAZA AUTHORIZATION ACT OF 2002

[[Page 116 STAT. 1340]]

Public Law 107-224
107th Congress

                                 An Act


 
 To amend the John F. Kennedy Center Act to authorize the Secretary of 
   Transportation to carry out a project for construction of a plaza 
adjacent to the John F. Kennedy Center for the Performing Arts, and for 
        other purposes. <<NOTE: Sept. 18, 2002 -  [H.R. 5012]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: John F. Kennedy Center 
Plaza Authorization Act of 2002. District of Columbia.>> assembled,

SECTION 1. <<NOTE: 20 USC 76h note.>> SHORT TITLE.

    This Act may be cited as the ``John F. Kennedy Center Plaza 
Authorization Act of 2002''.

SEC. 2. JOHN F. KENNEDY CENTER PLAZA.

    The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is amended--
            (1) <<NOTE: 20 USC 76r, 76s.>> by redesignating sections 12 
        and 13 as sections 13 and 14, respectively; and
            (2) by inserting after section 11 the following:

``SEC. 12. <<NOTE: 20 USC 76q-1.>> JOHN F. KENNEDY CENTER PLAZA.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Air rights.--The term `air rights' means real property 
        interests conveyed by deed, lease, or permit for the use of 
        space between streets and alleys within the boundaries of the 
        Project.
            ``(2) Center.--The term `Center' means the John F. Kennedy 
        Center for the Performing Arts.
            ``(3) Green spaces.--The term `green spaces' means areas 
        within the boundaries of the Project or affected by the Project 
        that are covered by grass, trees, or other vegetation.
            ``(4) Plaza.--The term `Plaza' means improvements to the 
        area surrounding the John F. Kennedy Center building carried out 
        under the Project and comprised of transportation elements 
        (including roadways, sidewalks, and bicycle lanes) and non-
        transportation elements (including landscaping, green space, 
        open public space, water, sewer, and utility connections).
            ``(5) Project.--The term `Project' means the Plaza project, 
        as described in the TEA-21 report, providing for construction of 
        a Plaza adjacent to the Center and for improved bicycle, 
        pedestrian, and vehicular access to and around the Center. The 
        term includes planning, design, engineering, and construction of 
        the Plaza, buildings to be constructed on the Plaza, and related 
        transportation improvements and may include any other elements 
        of the Project identified in the TEA-21 report.

[[Page 116 STAT. 1341]]

            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(7) TEA-21 report.--The term `TEA-21 report' means the 
        report of the Secretary submitted to Congress under section 1214 
        of the Transportation Equity Act for the 21st Century (20 U.S.C. 
        76j note; 112 Stat. 204).

    ``(b) Responsibilities of the Secretary.--
            ``(1) In general.--The Secretary shall be responsible for 
        the Project and may undertake such activities as may be 
        necessary to construct the Project, other than buildings to be 
        constructed on the Plaza, substantially as described in the TEA-
        21 report.
            ``(2) Planning, design, engineering, and construction.--The 
        Secretary shall be responsible for the planning, design, 
        engineering, and construction of the Project, other than 
        buildings to be constructed on the Plaza.
            ``(3) Agreements with the board and other agencies.--The 
        Secretary shall enter into memoranda of agreement with the Board 
        and any appropriate Federal or other governmental agency to 
        facilitate the planning, design, engineering, and construction 
        of the Project.
            ``(4) Consultation with the board.--The Secretary shall 
        consult with the Board to maximize efficiencies in planning and 
        executing the Project, including the construction of any 
        buildings on the Plaza.
            ``(5) Contracts.--Subject to the approval of the Board, the 
        Secretary may enter into contracts on behalf of the Center 
        related to the planning, design, engineering, and construction 
        of the Project.

    ``(c) Responsibilities of the Board.--
            ``(1) In general.--The Board may undertake such activities 
        as may be necessary to construct buildings on the Plaza for the 
        Project.
            ``(2) Receipt of transfers of air rights.--The Board may 
        receive from the District of Columbia such transfers of air 
        rights as may be necessary for the planning, design, 
        engineering, and construction of the Project.
            ``(3) Construction of buildings.--The Board may construct, 
        with non-appropriated funds, buildings on the Plaza for the 
        Project and shall be responsible for the planning, design, 
        engineering, and construction of the buildings.
            ``(4) Acknowledgment of contributions.--
                    ``(A) In general.--The Board may acknowledge private 
                contributions used in the construction of buildings on 
                the Plaza for the Project in the interior of the 
                buildings, but may not acknowledge private contributions 
                on the exterior of the buildings.
                    ``(B) Applicability of other requirements.--Any 
                acknowledgment of private contributions under this 
                paragraph shall be consistent with the requirements of 
                section 4(b).

    ``(d) Responsibilities of the District of Columbia.--
            ``(1) Modification of highway system.--Notwithstanding any 
        State or local law, the Mayor of the District of Columbia, in 
        consultation with the National Capital Planning Commission and 
        the Secretary, shall have exclusive authority to amend or modify 
        the permanent system of highways of the District

[[Page 116 STAT. 1342]]

        of Columbia as may be necessary to meet the requirements and 
        needs of the Project.
            ``(2) Conveyances.--
                    ``(A) Authority.--Notwithstanding any State or local 
                law, the Mayor of the District of Columbia shall have 
                exclusive authority to convey or dispose of any 
                interests in real estate (including air rights or air 
                space as that term is defined by District of Columbia 
                law) owned or controlled by the District of Columbia, as 
                may be necessary to meet the requirements and needs of 
                the Project.
                    ``(B) <<NOTE: Deadline.>> Conveyance to the board.--
                Not later than 90 days following the date of receipt of 
                notification from the Secretary of the requirements and 
                needs of the Project, the Mayor of the District of 
                Columbia shall convey or dispose of to the Board without 
                compensation interests in real estate described in 
                subparagraph (A).
            ``(3) Agreements with the board.--The Mayor of the District 
        of Columbia shall have the authority to enter into memoranda of 
        agreement with the Board and any Federal or other governmental 
        agency to facilitate the planning, design, engineering, and 
        construction of the Project.

    ``(e) Ownership.--
            ``(1) Roadways and sidewalks.--Upon completion of the 
        Project, responsibility for maintenance and oversight of 
        roadways and sidewalks modified or improved for the Project 
        shall remain with the owner of the affected roadways and 
        sidewalks.
            ``(2) Maintenance of green spaces.--Subject to paragraph 
        (3), upon completion of the Project, responsibility for 
        maintenance and oversight of any green spaces modified or 
        improved for the Project shall remain with the owner of the 
        affected green spaces.
            ``(3) Buildings and green spaces on the plaza.--Upon 
        completion of the Project, the Board shall own, operate, and 
        maintain the buildings and green spaces established on the Plaza 
        for the Project.

    ``(f) National Highway Boundaries.--
            ``(1) Realignment of boundaries.--The Secretary may realign 
        national highways related to proposed changes to the Northern 
        and Southern Interchanges and the E Street Approach recommended 
        in the TEA-21 report in order to facilitate the flow of traffic 
        in the vicinity of the Center.
            ``(2) Access to center from i-66.--The Secretary may improve 
        direct access and egress between Interstate Route 66 and the 
        Center, including its garages.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 13 of John F. Kennedy Center Act (as redesignated by section 
2 of this Act) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:

    ``(c) John F. Kennedy Center Plaza.--There is authorized to be 
appropriated to the Secretary of Transportation for capital costs 
incurred in the planning, design, engineering, and construction of the 
project authorized by section 12 (including roadway improvements related 
to the North and South Interchanges and construction of the John F. 
Kennedy Center Plaza, but not including construction of any buildings on 
the plaza) a total of $400,000,000 for fiscal

[[Page 116 STAT. 1343]]

years 2003 through 2010. Such sums shall remain available until 
expended.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Selection of Contractors.--Section 4(a)(2)(D) of the John F. 
Kennedy Center Act (20 U.S.C 76j(a)(2)(D)) is amended to read as 
follows:
                    ``(D) Selection of contractors.--In carrying out the 
                duties of the Board under this Act, the Board may 
                negotiate any contract--
                          ``(i) for planning, design, engineering, or 
                      construction of buildings to be erected on the 
                      John F. Kennedy Center Plaza under section 12 and 
                      for landscaping and other improvements to the 
                      Plaza; or
                          ``(ii) for an environmental system for, a 
                      protection system for, or a repair to, maintenance 
                      of, or restoration of the John F. Kennedy Center 
                      for the Performing Arts,
                with selected contractors and award the contract on the 
                basis of contractor qualifications as well as price.''.

    (b) Definitions.--Section 14 of the John F. Kennedy Center Act (as 
redesignated by section 2 of this Act) is amended by adding at the end 
the following: ``Upon completion of the project for establishment of the 
John F. Kennedy Center Plaza authorized by section 12, the Board, in 
consultation with the Secretary of Transportation, shall amend the map 
that is on file and available for public inspection under the preceding 
sentence.''.

    Approved September 18, 2002.

LEGISLATIVE HISTORY--H.R. 5012 (S. 2771):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-622 (Comm. on Transporation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Sept. 4, considered and passed House.
            Sept. 5, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Sept. 18, Presidential statement.

                                  <all>