[DOCID: f:hr316p1.109]
From the House Reports Online via GPO Access
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109th Congress Rept. 109-316
HOUSE OF REPRESENTATIVES
1st Session Part 1
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FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2005
_______
November 18, 2005.--Ordered to be printed
_______
Mr. Tom Davis of Virginia, from the Committee on Government Reform,
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 Government Reform, 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.
CONTENTS
Page
Committee Statement and Views.................................... 7
Section-by-Section............................................... 8
Explanation of Amendments........................................ 14
Committee Consideration.......................................... 15
Rollcall Votes................................................... 15
Application of Law to the Legislative Branch..................... 15
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 15
Statement of General Performance Goals and Objectives............ 15
Constitutional Authority Statement............................... 15
Federal Advisory Committee Act................................... 15
Unfunded Mandate Statement....................................... 15
Committee Estimate............................................... 16
Budget Authority and Congressional Budget Office Cost Estimate... 16
Changes in Existing Law Made by the Bill as Reported............. 17
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.
(d) Limitation on Environmental Liability.--Notwithstanding any other
provision of law--
(1) the District of Columbia shall not be responsible for any
environmental liability, response action, remediation,
corrective action, damages, costs, or expenses associated with
the property for which title is conveyed to the Administrator
of General Services under this section; and
(2) all environmental liability, responsibility, remediation,
damages, costs, and expenses as required by applicable Federal,
State and local law, including the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C. 9601 et
seq.), the Federal Water Pollution Control Act (known as Clean
Water Act) (33 U.S.C. 1251 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), the Rivers and Harbors Act (33 U.S.C. 540 et
seq.), the Toxic Substances Control Act (15 U.S.C. 2601, et
seq.), and the Oil Pollution Act (33 U.S.C. 2701 et seq.) for
such property shall be borne by the United States, which shall
conduct all environmental activity with respect to such
properties, and bear any and all costs and expenses of any such
activity.
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 ENVIRONMENTAL LIABILITY.
Notwithstanding any other provision of law--
(1) the United States shall not be responsible for any
environmental liability, response action, remediation,
corrective action, damages, costs, or expenses associated with
any property for which title is conveyed to the District of
Columbia under this Act or any amendment made by this Act; and
(2) all environmental liability, responsibility, remediation,
damages, costs, and expenses as required by applicable Federal,
state and local law, including the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C. 9601 et
seq.), the Federal Water Pollution Control Act (known as Clean
Water Act) (33 U.S.C. 1251 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), the Rivers and Harbors Act (33 U.S.C. 540 et
seq.), the Toxic Substances Control Act (15 U.S.C. 2601, et
seq.), and the Oil Pollution Act (33 U.S.C. 2701 et seq.) for
any such property shall be borne by the District of Columbia,
which shall conduct all environmental activity with respect to
such properties, and bear any and all costs and expenses of any
such activity.
SEC. 403. 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. 404. 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.
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 3699 authorizes the exchange of certain land parcels
between the federal government (the General Services
Administration (GSA) and the Department of Interior's National
Park Service (NPS)) and the District of Columbia.
BACKGROUND AND NEED FOR LEGISLATION
Recognizing the Federal government's special relationship
with the District of Columbia, the Bush Administration proposed
the transference of land between the two jurisdictions. The
Administration stated that ``the Federal Government has a
unique relationship with the District of Columbia and shares
responsibility to ensure the Nation's capital is one of the
great cities of the world. This proposal advances that
important Federal interest''. The proposal was submitted to
Congress on July 15, 2005 with the strong support of the
District.
Congressman Tom Davis, Chairman of the Committee on
Government Reform introduced H.R. 3699 authorizing the exchange
of certain land parcels between the General Services
Administration, the Secretary of the Interior and the District
of Columbia.
The legislation as introduced would authorize the following
transfers:
<bullet> NPS would transfer administrative
jurisdiction of 7 parcels to the District of Columbia.
<bullet> NPS would convey title of 9 properties to
the District.
<bullet> The District would transfer administrative
jurisdiction of 8 properties to NPS.
<bullet> The District would convey title of 2
properties to NPS.
<bullet> GSA would convey title of 2 properties to
the District.
<bullet> The District would convey title to GSA
buildings located on the campus of St. Elizabeths.
The transference of land would allow the District to
further develop the lands to increase the city's tax base and
decrease its financial dependence on the Federal government.
The potential impact to the city could be significant. The
District hopes to develop parcels of land to enhance economic
revitalization in the District, build neighborhoods, and
develop park areas to improve the quality of life for D.C.
residents and those who visit and work in the Nation's Capital.
This revitalization would contribute to the advancement of the
Nation's capitol as a healthy and vibrant city.
In some cases, the District has administrative jurisdiction
over certain parcels, allowing the District to develop,
operate, and manage the parcels. Under a transfer of
jurisdiction, the transferor retains ownership of the property
while the transferee may be given authority to administer and
maintain (manage) the property. Title to property allows the
owner to possess, control and assert all rights over the
property. With regard to Reservation 13, the District has been
the sole user of the property since 1848 and was given
administrative control of Reservation 13 on October 25, 2002.
All improvements on Reservation 13 have been constructed and
maintained by the District. The conveyance would allow the
District all rights to expand governmental services and
facilities already located on the site
In addition, many of the parcels in H.R. 3699 are
underutilized or have been neglected. The transfers would help
the Department of Interior and the General Services
Administration manage their properties to preserve and protect
public lands for future generations by reducing maintenance
backlogs. The federal government spends billions of dollars to
maintain land and yet some properties are in disrepair or lack
adequate infrastructure. This proposal would remove properties
in the District from the Federal government's portfolio that
are not providing substantial value to the Federal government
or are an unnecessary burden to maintain, enabling taxpayer
dollars to be spent maintaining properties that are of use to
the Federal government.
Section-by-Section
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. Exchange of title over Reservation 13 and certain other
properties
This section requires the General Services Administration
(GSA) to convey Reservation 13 and the Old Naval Hospital to
the District of Columbia (the District). Reservation 13
consists of 65 acres in southeast Washington, D.C. It is bound
on the west by 19th Street, on the north by Independence
Avenue, on the south by Congressional Cemetery, and on the east
by a Park Service property known as Reservation 343 which
extends to the Anacostia River. The property was acquired by
the government in 1798 with the layout and creation of the
District of Columbia and held as a reservation since that time.
Although owned in fee by the federal government,
Reservation 13 has been used, improved, operated, and
maintained by the government of the District of Columbia since
the 1840's. The site has been used, and continues to be used,
as the location for such installations as a hospital, sewage
treatment plant, morgue, and correctional facility. On- site
buildings and infrastructure were authorized by Congress to be
located on the site in legislation funding their construction.
The property was transferred to the District on October 25,
2002 without reimbursement pursuant to FPMR 101-47.203 (now FMR
102-75.75), which covers federal transfers and specifically
cites the District's eligibility for such transactions.
Although custody and accountability for the property was
transferred to the District, title remains vested in the United
States. Therefore, under its current status, the District
cannot sell the property.
The conveyance of Reservation 13 is subject to existing
matters of record, including a reservation of title for a
national commemorative work and for the extension of
Massachusetts Avenue. The conveyance also stipulates that the
Court Services and Offender Supervision Agency for the District
of Columbia, a federal agency, has the right to remain on the
site.
The Old Naval Hospital consist of 0.705 acre in southeast
Washington, D.C. It is bound by Pennsylvania Avenue on the
north, E Street on the south, 9th Street on the west, and 10th
Street on the east. The property has been unused for a number
of years, but is still structurally sound and in need of
substantial rehabilitation. The land was acquired by the
government between 1821 and 1865. Construction of the existing
structures began 1862 and was completed in 1866. It was
operated by the Navy as a hospital from 1866 to 1922 when
Congress authorized the Navy to lease the property to a non-
profit organization to house indigent sailors and soldiers. In
1961 it was closed and reported excess by the Navy to GSA for
further federal use or disposal. In April 1962, jurisdiction
was transferred to the District of Columbia under 40 U.S.C.
122. The District of Columbia holds custody and accountability
for the property by virtue of the Transfer of Jurisdiction, but
the United States retains title to the land. The property was
cited by the D.C. Joint Commission on Landmarks, and included
on the National Register of Historic Places in 1974.
The District is to convey to GSA five buildings on the West
Campus of St. Elizabeths Hospital. The District is not
responsible for any environmental liability, response action,
remediation, corrective action, damages, costs, or expenses of
the property transferred to the United States. The United
States is required to conduct all environmental activity with
respect to the property, and bear any and all costs and
expenses of any such activity. On the date on which the
District conveys to GSA all right, title, and interest in these
properties, GSA is to convey Reservation 13 and the Old Naval
Hospital to the District of Columbia.
Section 102. Termination of claims
This section is intended to supersede pending claims
against the United States and certain agencies of the United
States for performance or reimbursement as described below. The
section provides that neither the United States nor any of its
agencies, officers, or employees are obligated to the District
to perform, or to reimburse the cost of: (1) repairs or
renovations pursuant to the St. Elizabeths Hospital and
District of Columbia Mental Health Services Act (24 U.S.C. 225
et seq); (2) preservation, maintenance, or repair pursuant to a
use permit under which the Department of Health and Human
Services granted permission to the District to occupy portions
of the West Campus of St. Elizabeths; or (3) mental health
diagnostic and treatment services for referrals as described in
the St. Elizabeths Hospital and District of Columbia Mental
Health Services Act, up to and including the effective date of
this Act, but not subsequent to that date.
Title II--Streamlining management of properties located in the District
of Columbia
Section 201. Transfer of administrative jurisdiction over certain
properties
The following properties are proposed for transfer or
conveyance between the District of Columbia and the Secretary
of the Interior for administration by the National Park
Service.
Unimproved portion of Audubon Terrace, NW: This is
unimproved wooded property encumbered by an un-built street
right-of-way within NPS parkland. The transfer would provide
continuity of management by NPS.
Unimproved portion of Barnaby Street, NW: This is
unimproved wooded property encumbered by an un-built street
right-of-way within NPS parkland. The transfer would provide
continuity of management by NPS.
Portions of Canal Street, SW and V Street, SW: This is
unimproved property encumbered by an un-built street right-of-
way which abuts NPS parkland. The transfer would facilitate
implementation of approved plan to enhance existing NPS
concession-operated marina.
Unimproved Streets and Alleys at Fort Circle Park: This is
unimproved wooded property encumbered by several contiguous un-
built street rights-of-way within NPS parkland. The transfer
would provide continuity of management by NPS.
Unimproved portion of Western Avenue, NW: This is
unimproved property encumbered by an un-built street right-of-
way within NPS parkland. The transfer would provide continuity
of management by NPS.
Unimproved portion of 17th Street, NW: This is unimproved
wooded property encumbered by an un-built street right-of-way
abutting NPS parkland. The transfer would provide continuity of
management by NPS.
Unimproved portion of 30th Street, NW: This is unimproved
wooded property encumbered by an un-built street right-of-way
within NPS parkland. The transfer would provide continuity of
management by NPS.
Portion of Whitehaven Parkway, NW: This is property that
was previously transferred to the District for a proposed
mayoral residence never built at this location. The transfer
would provide continuity of management by NPS.
On the date of enactment, administrative jurisdiction of
nine specified properties owned by the United States and
depicted on the Map is transferred from the District of
Columbia to the Secretary of the Interior (the Secretary) for
administration by the National Park Service (NPS).
Also on the day of enactment, administrative jurisdiction
of seven specified properties owned by the United States will
be transferred to the District. The following properties are to
be transferred from the Secretary to the District of Columbia:
Portion of U.S. Reservation 451: This parkland is
encumbered with a one-block section of Gallatin Street, NW,
which provides access to an existing District public works
facility.
Portion of U.S. Reservation 404: This property is beneath
Canal Road, NW, and is currently the subject of a right-of-way
permit to the District. This transfer would provide the
District with the requisite interest to adequately operate and
maintain the existing roadway.
U.S. Reservations 44, 45, 46, 47, 48 and 49: This parkland
at Eastern Market is contiguous to the Eastern Market Metro
Station. The transfer would allow the District to rehabilitate
and enhance the northern limits of a newly renovated commercial
strip along 8th Street, SE.
U.S. Reservation 251: This property is at 8th, SE and M
Street, SE. This transfer would allow the District to
rehabilitate and enhance the southern terminus of a newly
renovated commercial strip along 8th Street, SE.
U.S. Reservation 8: This property at Mount Vernon Square
surrounds the City Museum (Carnegie Library), which is owned by
the District. This transfer would provide uniform ownership and
more efficient management of the entire Square by the District.
U.S. Reservations 277A and 277C: These properties are
located at North Capitol Street and Florida Avenue, NW, and at
North Capitol Street and Lincoln Road, NE. Through a
misunderstanding, the District issued permits to local
community groups authorizing the landscaping of these
properties. The transfer would provide continuity of management
for the District.
Portion of U.S. Reservation 470: This Fort Reno Park
property contains a salt dome and leaf collection and storage
operation that the District has operated under permits from the
NPS for many years. This transfer would provide the District
with the proper interest in the property to administer and
maintain new facilities at this location.
Section 202. Exchange of title over certain properties
This section requires the Secretary, on the date on which
the District conveys to the Secretary all right, title, and
interest in two specified properties, to convey to the District
all right, title, and interest to six specified properties.
The following two properties are to be conveyed by the
District of Columbia to the Secretary:
Lovers Lane, NW: This property is a one-block long former
roadway located adjacent to Montrose Park and Dumbarton Oaks,
which is owned by Harvard University. The conveyance would
facilitate elimination of the unused roadbed and would provide
NPS and Dumbarton Oaks with sufficient interests to perform
maintenance along walls and other park facilities along the
roadway.
Needwood, Niagara and Pitt Streets: This property is a
former street rights-of-way and has been occupied by the
Chesapeake and Ohio Canal since the 19th century. The
conveyance would provide the NPS with sufficient interests to
manage portions of the Chesapeake and Ohio Canal National
Historical Park in Georgetown.
The following six properties are to be conveyed by the
Secretary to the District of Columbia:
U.S. Reservation 17A: This former trash transfer site was
transferred to the District for trash disposal purposes in
1947. Conveyance of title would permit the District to
implement the approved Near Southeast Redevelopment Plan.
U.S. Reservation 484: This property at Randall School and
park was transferred to the District for recreation purposes in
1973. Conveyance of title would permit redevelopment of South
Capitol Street by the District.
U.S. Reservations 243, 244, 245, and 247: These triangles
at Potomac Avenue were transferred to the District for highway
purposes in 1944. Conveyance of title would permit development
in conjunction with the proposed baseball stadium.
U.S. Reservations 128, 129, 130, 298 and 299: These
triangles are located at Virginia Avenue. Conveyance of title
would allow the District to reconfigure the small triangles
into useable open space in conjunction with redevelopment of
adjacent private property in accordance with the Anacostia
Waterfront Plan.
Portions of U.S. Reservations 343D and 343E: This narrow
stretch of Anacostia Park at 11th Street, SE, is occupied by
District Public Works facilities, U.S. Corps of Engineers
facilities, District Water and Sewer facilities, Anacostia
Community Boathouse Association, Inc., Washington Yacht Club,
District Yacht Club, Eastern Power Boat Club, Seafarers Boat
Club and the Anacostia Marina. Conveyance of title to the
District provides the opportunity for the District to redevelop
and enhance the marina. This cannot be achieved under NPS
authorities.
U.S. Reservations 721, 722, and 723: These three small
reservations at Waterside Mall were created as urban parks as
part of the southwest urban renewal in the 1970s. Conveyance of
title would provide the District with an opportunity to
reconfigure the property in the private redevelopment of
Waterside Mall, including the reopening of 4th Street.
Section 203. Conveyance of United States Reservation 174
This section requires the Secretary to convey U.S.
Reservation 174 to the District of Columbia. This 13,500 square
foot reservation at New York Avenue and 11th Street, NW, was
transferred to the District in the 1970s 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 afinal 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. Conveyance of portion of RFK Stadium site for educational
purposes
This section requires the Secretary to convey no more than
15 contiguous acres within 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 stadium lease for the described parcel and all
the conditions associated with it will terminate.
Title III--Poplar Point
Section 301. Conveyance of Poplar Point to District of Columbia
Poplar Point, located on the east side of the Anacostia
River, comprises approximately 100 acres of Anacostia Park. It
contains the NPS headquarters for National Capital Parks-East
and the U.S. Park Police Anacostia Operations and Helicopter
facilities. Conveyance of title to the District would permit
redevelopment of the property by the District consistent with
the Anacostia Waterfront Framework Plan, dated November 2003.
The conveyance is subject to a number of terms, including those
related to a deed restriction that 70 acres be used for park
purposes, the completion of a land-use plan, the setting aside
of sites for potential memorials, and the relocation of
existing NPS facilities.
Upon completion of the land-use plan, the District is
required to transmit to the Secretary a copy of the plan along
with all the information necessary for the Secretary to certify
the plan. This section requires the Secretary, upon receipt
from the District of written acceptance of specified terms and
conditions, to convey all right, title and interest in Poplar
Point to the District.
Section 302. Requirements for Poplar Point land-use plan
The District will complete a land-use plan for Poplar Point
that: (a) identifies a minimum of 70 acres, including wetlands,
to be maintained in perpetuity for park purpose; (b) is
consistent, where possible, with the Anacostia Waterfront
Framework Plan; (c) sets aside at least two sites, within the
areas designated for park purposes, for potential memorials;
and (d) includes a commitment by the District to convey back
those sited to the NPS at the appropriate time, as determined
by the Secretary.
The deed conveying Poplar Point must reserve to the United
States all right, title, and interest, at no cost, in existing
facilities at Poplar Point and all necessary easements for
access and utilities. The United States, acting by and through
the NPS, is to continue to own, control, and access the
existing facilities until the District provides replacement
facilities and the NPS has relocated to the replacement
facilities. Upon completion of the relocation of the NPS to the
replacement facilities, the Secretary must convey to the
District, in a separate deed, all right, title, and interest in
the existing facilities and all necessary easements for access
that were reserved to the United States.
Section 303. Conveyance of replacement facilities and properties for
National Park Service
No construction, other than construction related to the
provision of replacement facilities can commence on Poplar
Point until the District and the Secretary agree, in writing,
on suitable replacement facilities. The agreement must specify
the location of the replacement facilities and a timetable by
which the District will complete the relocation of the NPS to
the replacement facilities.
The District must provide to the Secretary, at no cost,
suitable replacement facilities, as determined jointly by the
District and the Secretary, and relocate the NPS to those
facilities.
The NPS may move any fixtures or equipment from the
existing facilities for the use at the replacement facilities.
Section 304. Poplar Point defined
This section defines the boundaries of Poplar Point.
Title IV--General provisions
Section 401. Definitions
This section defines certain terms used in this Act.
Section 402. Limitation on environmental liability
This section provides that, notwithstanding any other
provision of law, the United States is not responsible for any
environmental liability, response action, remediation,
corrective action, damages, costs, or expenses of the property
transferred to the District. The District is required to
conduct all environmental activity with respect to the
property, and bear any and all costs and expenses of any such
activity.
Section 403. Limitation on costs
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 included, but are not
limited to, costs and expenses associated with zoning, land-use
process, transfer taxes, recording taxes or recording fees.
Section 404. Deadline for provision of deeds and related documents
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.
Explanation of Amendments
The provisions of the substitute are explained in the
descriptive portions of this report.
Committee Consideration
On September 29, 2005, the Committee met in open session
and ordered reported favorably the bill, H.R. 3699, as amended,
by voice vote, a quorum being present.
Rollcall Votes
No rollcall votes were held.
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 the terms and conditions of
employment or access to public services and accommodations.
This bill authorizes the exchange of certain land parcels
between the federal government and the District of Columbia.
Legislative branch employees and their families, to the
extent that they are otherwise eligible for the benefits
provided by this legislation, have equal access to its
benefits.
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.
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.
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. 3699. 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 Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported include unfunded mandates. In
compliance with this requirement the Committee has received a
letter from the Congressional Budget Office included herein.
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. 3699. 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. 3699 from the Director of
Congressional Budget Office:
October 12, 2005.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
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,
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.
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 would also 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.
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.
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 and 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. TITLE TO STADIUM TO VEST IN UNITED STATES; DATE; CONVEYANCE AND
LEASE TO DISTRICT OF COLUMBIA; NON-TRANSFERABILITY;
USES OF PROPERTY; REVERSION FOR NONCOMPLIANCE.
(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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