[Senate Report 111-300]
[From the U.S. Government Publishing Office]
111th Congress
SENATE
Report
2d Session 111-300
_______________________________________________________________________
Calendar No. 582
KINGMAN AND HERITAGE ISLANDS ACT OF 2009
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 2092
TO AMEND THE NATIONAL CHILDREN'S ISLAND ACT OF 1995 TO EXPAND ALLOWABLE
USES FOR KINGMAN AND HERITAGE ISLANDS BY THE DISTRICT OF COLUMBIA, AND
FOR OTHER PURPOSES
September 22, 2010.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri JOHN ENSIGN, Nevada
JON TESTER, Montana LINDSEY GRAHAM, South Carolina
ROLAND W. BURRIS, Illinois
EDWARD E. KAUFMAN, Delaware
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Elyse F. Greenwald, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Amanda Wood, Minority Director for Governmental Affairs
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 582
111th Congress
SENATE
Report
2d Session 111-300
======================================================================
KINGMAN AND HERITAGE ISLANDS ACT OF 2009
_______
September 22, 2010.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 2092]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 2092) to amend
the National Children's Island Act of 1995 to expand allowable
uses for Kingman and Heritage Islands by the District of
Columbia, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need..............................................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5
I. Purpose and Summary
In 1997, the federal government transferred to the District
of Columbia title to much of two islands located in the
Anacostia River. The law directing the title transfer required
the District to use the land for a children's recreational
park. Over the past decade, the District has reconsidered its
plans for the islands and would like to make them available for
broader recreational, environmental and educational uses than
initially contemplated. H.R. 2092 would amend the existing law
directing the title transfer to permit these expanded uses.
II. Background and Need for Legislation
The U.S. Army Corps of Engineers created Kingman and
Heritage Islands from sediment dredged from the Anacostia
River. Until the enactment in 1996 of the National Children's
Island Act (the Act), the National Park Service (NPS), part of
the Department of the Interior, held administrative
jurisdiction on both islands. The Act required the federal
government to transfer title of Heritage Island and portions of
Kingman Island (the Islands) to the District of Columbia for
use as a children's recreational park. It also mandated that
title to the Islands would revert back to the federal
government if the District did not use the land in a manner
consistent with the purposes specified in the Act. The
Secretary of the Interior transferred title of the Islands to
the District via quitclaim deed in January 1997.
D.C. has not developed a children's recreational park on
the Islands, and since that time, it has re-evaluated its needs
and interests and no longer seeks to use the Islands for that
purpose. In 2003, in accordance with a memorandum of
understanding between D.C. and several federal agencies,
including the NPS, the District developed the Anacostia
Waterfront Framework Plan (Waterfront Plan) to redevelop and
revitalize the Anacostia waterfront. The Waterfront Plan
envisions using the islands for nature-themed exhibitions and
educational projects. The District also has developed a
Comprehensive Plan to serve as a general policy document to
provide overall guidance for future planning and development in
D.C.\1\
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\1\Information on the Comprehensive Plan can be found here: http://
www.planning.dc.gov/planning/cwp/
view,a,1282,q,607547,planningNav,|32341|.asp. Information on the
Waterfront Plan can be found here: http://www.planning.dc.gov/planning/
cwp/view,a,1285,q, 582193,planningNav_GID,1708.asp.
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Recently, the District has taken steps toward implementing
the Waterfront Plan. In the summer of 2007, the Anacostia
Waterfront Corporation,\2\ partnered with a number of other
organizations to begin using the Islands to host environmental
programs and cleanup. Since May 2008, Living Classrooms, a non-
profit educational organization with a focus on experiential
learning, has been managing the islands and running programs
there, including educational programming and volunteer events
aimed at restoring the Islands.
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\2\The Anacostia Waterfront Corporation was a government-sponsored
enterprise of D.C. intended to lead the revitalization of lands along
the Anacostia River. In 2007, it was dissolved and folded into the
District's Office of the Deputy Mayor for Planning and Economic
Development.
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To ensure that the activities it has authorized do not
raise any questions about its title to the Islands,\3\ the
District has asked Congress to amend the Act to sanction the
broader work now occurring on the Islands. H.R. 2092 would do
just that, by amending the National Children's Island Act in
order to allow the District to conduct recreational,
environmental and educational activities on the Islands,
consistent with the Waterfront Plan and the District's
Comprehensive Plan.
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\3\In 2000, the Secretary of the Interior wrote the District a
letter stating that the District had fully lived up to the letter and
spirit of the Act and that D.C. should retain title to the Islands. All
parties agree, however, that amending the law to make clear the
permissibility of the current uses and other currently contemplated
uses would be the best course.
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In considering the bill, the Committee adopted one
amendment to the House-passed language. As passed by the House,
the bill would end the federal government's reversionary
interest 30 years after enactment. The Committee's amendment
instead would retain the reversionary interest for the federal
government in perpetuity. The Committee's amendment also
clarified that if any portion of the land was used for an
activity that was not recreational, environmental or
educational, the reversionary process could begin.
III. Legislative History
H.R. 2092 was introduced by D.C. Delegate Eleanor Holmes
Norton on April 23, 2009, and was referred to the House
Committee on Oversight and Government Reform. That Committee
considered the legislation on September 10, 2009, and adopted
an amendment to limit the federal government's reversionary
interest in the Islands to 30 years after enactment. The House
Committee then adopted H.R. 2092, as amended by voice vote. On
October 7, 2009, H.R. 2092 passed the House of Representatives
under suspension of the rules.
On October 8, 2009, H.R. 2092 was referred to the Senate
Homeland Security and Governmental Affairs Committee. The
Committee considered the bill on May 17, 2010, and adopted one
amendment by voice vote. The amendment, which was offered by
Senators Daniel Akaka and George Voinovich, struck the
provision limiting the federal government's reversionary
interest to 30 years and clarified that if any portion of the
land was used for an activity that was not recreational,
environmental or educational, the reversionary process could
begin.
The Committee then ordered the bill, as amended, favorably
reported to the full Senate by voice vote. The Senators present
for both voice votes were Senators Lieberman, Akaka, Carper,
Pryor, Landrieu, Burris, Collins, Brown, Voinovich, and Graham.
IV. Section-by-Section Analysis
Sec. 1. Short title
The short title of the bill is the Kingman and Heritage
Islands Act of 2009.
Sec. 2. Amendments to National Children's Island Act of 1995
Subsection (a) of Section 2 would amend the National
Children's Island Act (``the Act'') by creating a new section,
which would state that it is not a violation of the Act for the
District to use the lands conveyed and the easements granted
under the Act for recreational, environmental, or educational
purposes in accordance with the Anacostia Waterfront Framework
Plan and the Comprehensive Plan. Subsection (a) also defines
the Anacostia Waterfront Framework Plan and the Comprehensive
Plan.
Subsection (b) of Section 2 would modify section 3(d) of
the Act by striking paragraph 1 and inserting language which
states that the Islands shall revert back to the federal
government if the Secretary determines that D.C. is using any
portion of the Islands for any purpose that is not
recreational, environmental or educational and in accordance
with the National Children's Island, the Anacostia Waterfront
Framework Plan or the Comprehensive Plan. The reversion will
take place 60 days after the Secretary of the Interior gives
written notice to the District of such a finding. This
provision would maintain the federal government's reversionary
interest without an end date.
VI. Evaluation of Regulatory Impact
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and has
determined that the bill would have no regulatory impact.
Moreover, CBO states that the bill contains no
intergovernmental or private sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
VII. Estimated Cost of Legislation
May 24, 2010.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2092, the Kingman
and Heritage Islands Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 2092--Kingman and Heritage Islands Act of 2009
H.R. 2092 would amend the National Children's Island Act of
1995 to clarify that the District of Columbia may use two
islands located in the Anacostia River for recreational,
environmental, or educational purposes. (The islands were
conveyed by the Department of the Interior to the District in
1997 for recreational uses.) The legislation also would amend
the terms of the department's reversionary interest in the
properties, which governs the circumstances under which title
to the property could revert to the federal government.
Based on information provided by the National Park Service,
CBO estimates that enacting H.R. 2092 would have no impact on
the federal budget. Enacting the legislation would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures would not apply.
H.R. 2092 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On September 15, 2009, CBO transmitted a cost estimate for
H.R. 2092, as ordered reported by the House Committee on
Oversight and Government Reform on September 10, 2009. The two
versions of the legislation are similar, and the estimated
costs are the same.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following changes in existing
law made by the bill, as reported, are shown as follows:
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
DISTRICT OF COLUMBIA CODE
TITLE 10--PARKS, PUBLIC BUILDINGS, GROUNDS, AND SPACE
Subtitle IV--Specific Locales
CHAPTER 14--NATIONAL CHILDREN'S ISLAND
Subchapter I--General
SEC. 10-1402. PROPERTY TRANSFER
(a) * * *
* * * * * * *
(d) Reversion.--
(1) [The transfer under subsection (a) of this
section and the grant of easements under subsection (b)
of this section shall be subject to the condition that
the Islands only be used for the purposes of National
Children's Island. Title in the property transferred
under subsection (a) of this section and the easements
granted under subsection (b) of this section, shall
revert to the United States 60 days after the date on
which the Secretary provides written notice of the
reversion to the District based on the Secretary's
determination, which shall be made in accordance with
chapter 5 of title 5, United States Code (relating to
the administrative procedures), that one of the
following has occurred:
[(A) Failure to commence improvements in the
recreational park within the earlier of--
[(i) Three years after building
permits are obtained for construction
of such improvements; or
[(ii) Four years after title has been
transferred, as provided in subsection
(a) of this section.
[(B) Failure to commence operation of the
recreation park within the earlier of--
[(i) Five years after building
permits are obtained for construction
of such improvements; or
[(ii) Seven years after title has
been transferred, as provided in
subsection (a) of this section.
[(C) After completion of construction and
commencement of operation, the abandonment or
nonuse of the recreation park for a period of 2
years.
[(D) After completion of construction and
commencement of operation, conversion of the
Islands to a use other than that specified in
this subchapter or conversion to a parking use
not in accordance with section 10-1403(b).]
Title in the property transferred under
subsection (a) and the easements granted under
subsection (b) shall revert to the United
States upon the expiration of the 60-day period
which begins on the date on which the Secretary
provides written notice to the District that
the Secretary has determined that the District
is using any portion of the property for a use
other than recreational, environmental, or
education purposes in accordance with National
Children's Island, the Anacostia Waterfront
Framework Plan, or the Comprehensive Plan. Such
notice shall be made in accordance with chapter
5 of title 5, United States Code (relating to
administrative procedures).
* * * * * * *
SEC. 10-1406. COMPREHENSIVE AND ANACOSTIA WATERFRONT FRAMEWORK PLANS.
(a) Compliance With Plans.--Notwithstanding any other
provision of this Act, it is not a violation of the terms and
conditions of this Act for the District of Columbia to use the
lands conveyed and the easements granted under this Act for
recreational, environmental, or educational purposes in
accordance with the Anacostia Waterfront Framework Plan and the
Comprehensive Plan.
(b) Definitions.--For the purposes of this section, the
following definitions apply:
(1) Anacostia waterfront framework plan.--The term
``Anacostia Waterfront Framework Plan'' means the
November 2003 Anacostia Waterfront Framework Plan to
redevelop and revitalize the Anacostia waterfront in
the District of Columbia, as may be amended from time
to time, developed pursuant to a memorandum of
understanding dated March 22, 2000, between the General
Services Administration, Government of the District of
Columbia, Office of Management and Budget, Naval
District Washington, Military District Washington,
Marine Barracks Washington, National Park Service, Army
Corps of Engineers, Environmental Protection Agency,
Washington Metropolitan Area Transit Authority,
National Capital Planning Commission, National
Arboretum, and Small Business Administration.
(2) Comprehensive plan.--The term ``Comprehensive
Plan'' means the Comprehensive Plan of the District of
Columbia approved by the Council of the District of
Columbia on December 28, 2006, as such plan may be
amended or superseded from time to time.