[House Report 107-622]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-622
======================================================================
JOHN F. KENNEDY CENTER PLAZA AUTHORIZATION ACT OF 2002
_______
July 26, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 5012]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5012) 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, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Legislation
The purpose of this legislation is to improve the
pedestrian, vehicular, and bicycle access to the John F.
Kennedy Center for the Performing Arts (Kennedy Center). The
legislation authorizes the construction of a plaza adjacent to
the Kennedy Center; authorizes necessary and related
transportation improvements; grants authority for the transfer
and receipt of certain property rights; clarifies ownership of
resulting property; authorizes the construction of new
buildings; and authorizes appropriations to complete the
project.
Background and Need for the Legislation
The Kennedy Center is a congressionally chartered national
center, a national presidential monument and living memorial.
The current building was constructed in the late 1960's, and
was officially opened in September 1971. The concept of a
National Cultural Center was initiated by the Eisenhower
Administration, and in 1958 was federally chartered by
Congress. In 1964 Congress changed the designation to honor the
late President John F. Kennedy.
The Kennedy Center contains approximately 1.5 million
square feet of space and today houses seven theaters: the
Concert Hall (2,700 seats); the Opera House (2,300 seats); the
Dwight D. Eisenhower Theater (1,000 seats); the Terrace Theater
(500 seats); the Theater Lab (400 seats); the American Film
Institute Theater (200 seats); and the Millennium Stage
(seating varies depending on performance type). The Millennium
Stage offers free nightly concerts at 6:00 p.m. and has
entertained over one million visitors to the Kennedy Center
over five years. In addition, the building also houses three
restaurants; administrative, meeting and rehearsal space;
twenty-three elevators, six escalators, and 2,000 doors; and
five public halls or galleries. The facility is situated on 17
acres of land in an area of Washington, D.C. known as Foggy
Bottom, along the Potomac River. The Kennedy Center currently
has parking for 1,450 cars, however, under legislation enacted
in 1997, parking will expand by more than 600 spaces in order
to accommodate heavy demand. In 2001, the Kennedy Center hosted
2 million patrons, who attended 3,200 performances and
accommodated 3 million visitors touring the building during the
day.
The Transportation Equity Act for the 21st Century (TEA 21)
authorized $500,000 and directed the Secretary of
Transportation to undertake a comprehensive study of ways to
improve access to the Kennedy Center. In developing its report,
the Federal Highway Administration (FHWA) worked in partnership
with the Kennedy Center and other federal and local agencies to
develop long-term, multi-modal transportation and land-use
improvement options that would facilitate safe traffic flow to
and from the Kennedy Center, improve transit service, and make
bicycling and walking around the center safer, more pleasant,
and more direct.
At present, there is no direct path from the Kennedy Center
to the east, or southeastward to the National Mall, and there
are inadequate connections from the riverfront to the Kennedy
Center. In the absence of clear walkways, pedestrians improvise
a hazardous footpath and sprint across the freeway. Others dash
across the parkway near a blind corner on the Kennedy Center's
south side. The bicycle connection to a local trail crosses an
Interstate 66 off-ramp. Dangerously narrow pedestrian and
bicycle portals exist on the east side of the parkway under the
Roosevelt Bridge.
Vehicular traffic for performances that begin near
Washington's rush hour are confounded by congestion on the Rock
Creek and Potomac Parkway and various bridge camps. In
addition, there are high accident rates at the foot of the
Roosevelt Bridge and at the intersection of Virginia Avenue,
27th Street, and the parkway.
Nearly 200,000 vehicles a day use the complex of ramps and
roadways adjacent to the Kennedy Center. Improvements must
ensure that these volumes are served and that traffic is not
backed up onto the Roosevelt Bridge or diverted onto
neighborhood streets. Additionally, the use of public
transportation is difficult for Kennedy Center patrons. There
is no direct bus service to the Kennedy Center and the Foggy
Bottom Metro station is over a quarter of a mile away, too far
away for most patrons to walk comfortably. Further, visitors
unfamiliar with the area are not likely to find the Kennedy
Center since it is not visible from the Metro and there are no
directional signs. The Kennedy Center operates a Show Shuttle
bus on a limited schedule to address some of these concerns,
but is hampered by the volume of patrons and the fact that the
shuttle must use residential streets for its route.
TEA 21 REPORT RECOMMENDED IMPROVEMENTS
Kennedy Center Plaza.--Central to the proposed design is a
plaza, which set atop a deck over the Potomac Freeway, would
provide a new public space and stately approach to the Kennedy
Center from the east. The plaza would be connected to E and
25th Streets, thus reestablishing the local street grid.
Freeways and ramps immediately east of the Kennedy Center would
be modified to accommodate through traffic beneath the plaza.
The plaza, built using freeway air rights, would contain a
large public square and space for the additional construction
of new buildings whose use would be determined over the next
several years.
Riverfront Access.--A grand open stairway (with elevators
for the handicapped) would link the Kennedy Center terrace to
the riverfront promenade, where a floating dock could serve
riverboats. This would properly present the Kennedy Center to
the waterfront and reconcile the Kennedy Center's ambivalent
relationship to the river. The open design would preserve views
to the river from the parkway. These changes would facilitate
pedestrian, bicycle, and river access and restore an important
element of the building's original design.
E Street Approach.--E Street would be modified at its
western terminus to link the Kennedy Center with President's
Park and the core of the City. Through traffic would continue
to use the E Street expressway below the plaza, while local
traffic would use improved surface-level connections to the
plaza.
Traffic and Safety North of the Kennedy Center.--New
connections would be built between the Rock Creek and Potomac
Parkway and the Potomac Freeway in the vicinity of K Street.
This would improve the freeway's directness and convenience,
diverting traffic from the parkway to the freeway. Reduced
through traffic on the parkway would improve the riverfront
promenade for pedestrians and cyclists. The improvements would
also relieve congestion and address safety hazards at the
Virginia Avenue, Rock Creek Parkway, and 27th Street
intersections.
Traffic and Safety South of the Kennedy Center.--The
complex intersection of Ohio Drive, with the Potomac Freeway
and Rock Creek Parkway would be grade separated to relieve
hazardous conditions and congestions.
Transit Improvements.--The E Street improvements would
allow the Kennedy Center Show Shuttle to travel a direct route,
thereby avoiding neighborhood streets. Alignment options for
possible future light rail service, which could provide direct
access to the Kennedy Center, would be preserved.
Pedestrian and Bicycle Improvements.--The plaza and
connecting facilities would provide new linkages between the
Kennedy Center and the surrounding community. Safe bicycle
connections would also be provided to the Custis/I-66 trail
across the Roosevelt bridge.
Signing Improvements.--Effective directional signs for
through and local pedestrian, bicycle, and vehicular traffic
would be installed.
Parking Improvements.--The area below the plaza would
provide at least 500 new parking spaces. This parking would
meet the needs of plaza development, ensuring that traffic
generated by the site could be accommodated without intruding
upon the scarce parking supply in the surrounding neighborhood.
It could also serve the Kennedy Center's overflow parking
needs.
The centerpiece of these recommendations is the proposal to
create a pedestrian plaza, set atop a deck, which will be
constructed using air rights over the ramps and roadways of the
Potomac Freeway. The new plaza would represent approximately 8
acres of new land directly east of the Kennedy Center. The
Kennedy Center has indicated a need for additional space for
administration, education, rehearsal, and performances, which
could be accommodated by new construction on the proposed
plaza. Any new construction atop the deck, while requiring
Congressional authorization, will be paid for with non-
appropriated funds. The FHWA study estimates the project costs
to be $269 million federal dollars (as of its publication in
2000), which includes constructing the plaza and making other
necessary improvements to the adjoining roadways. The amount
does not include funding for new construction on the plaza.
The FY 2001 Transportation Appropriations bill included $10
million for the Department of Transportation (DOT) to go
forward with preliminary project planning, environmental
reviews and design approvals. Preliminary work continues to
progress as DOT works in conjunction with the Kennedy Center,
the National Park Service, the District of Columbia Department
of Public Works, and the FHWA. However, the Kennedy Center and
DOT will need additional appropriations and authorization to
begin work on many of the improvements identified in the access
study.
While it is not expected that this project will require the
relocation of any individuals or homes, it is the expectation
of the Committee that should such relocation be necessary, the
Uniform Relocation Act of Title 42, Chapter 61, would be
applied to the extent it is applicable.
Summary of the Legislation
Section 1: Short title
The act may be cited as the ``John F. Kennedy Center Plaza
Authorization Act of 2002.''
Section 2: John F. Kennedy Center Plaza
This section amends the John F. Kennedy Center Act (20
U.S.C. 76h et seq.), hereafter known as ``the Act,'' and
redesignates existing sections to allow for the insertion of a
new section 12. This section defines terms used in the
legislation; authorizes the construction of the project;
establishes the responsibilities of all parties; clarifies
issues of ownership and control; grants necessary authorities;
and authorizes appropriations.
(a) Definitions
``Air Rights'' is defined to encompass both the District of
Columbia definition of ``Air Space'' and the definition of Air
Rights used by the FHWA. While used in similar manners, the
definition used in the legislation is meant to include all such
rights granted for the use of space that is above any type of
land and will be used for construction.
The John F. Kennedy Center for the Performing Arts is
referred to in the legislation as the ``Center.''
``Plaza'' is used throughout the legislation to refer to a
plaza that is to be constructed directly east of the Kennedy
Center. This definition is meant to include only the plaza
itself and related improvements, including roads, sidewalks,
bicycle lanes, landscaping, green space, openpublic space,
water, sewer, and utility connections. This definition is not meant to
include any work towards the completion of buildings to be built on the
plaza, except design work to the extent necessary to facilitate the
construction of buildings.
``Project'' is used to refer to the Plaza project
envisioned by the TEA 21 report, which provides for the
construction of a plaza adjacent to the Kennedy Center and
improved access to, from and around the Kennedy Center. The
definition is also meant to include any other improvements that
may be included in the TEA 21 report.
Used throughout the legislation, the term ``Secretary''
refers to the United States Secretary of Transportation, or any
person or department that the Secretary designates to carry out
his responsibilities under the legislation.
``TEA 21 Report'' refers to the report prepared pursuant to
section 1214 of the Transportation Equity Act for the 21st
Century (20 U.S.C. 76j note; 112 Stat. 204). This report is
also sometimes referred to as the ``Access Study.''
This section also details the responsibilities of each of
the parties involved. The Secretary of Transportation will be
responsible for overall management of the Project, construction
of the plaza and coordinating with all of the relevant parties;
the Board is responsible for all aspects of construction of the
buildings on the plaza; and the District of Columbia is
responsible for conveying Air Rights, amending the streets and
highways, and entering agreements as necessary to complete the
project.
(b) Responsibilities of the Secretary
Within his responsibilities under this section, the
Secretary has five specific responsibilities. Overall
management of the project, construction of the plaza, entering
into agreements with appropriate entities, consultation with
the Board, and entering into contracts on behalf of the Board
as necessary to complete the project.
First, the Secretary is generally responsible for the
project, with the exception of any buildings that may be
constructed on the plaza, as described in the TEA 21 report. In
this role, the Secretary will be responsible for ensuring that
the project is completed in a timely fashion and in accordance
with the requirements and recommendations of the TEA 21 report.
Second, the Secretary is responsible for all planning,
design, engineering, and construction associated with the
project. The Secretary will also be responsible for making the
determination about which aspects of the TEA 21 report are
necessary for completion of the project. While it is expected
that the Eastern Federal Lands Highway Division of the Federal
Highway Administration will carry out the majority of the work
authorized by this legislation, the Secretary may designate
other individuals or entities to carry out certain tasks as
needed to carry out his responsibilities.
Third, the Secretary is required to enter into memoranda of
agreement with the Board of Trustees of the Kennedy Center (the
Board) and any other appropriate Federal or other entity to
facilitate the completion of the project. It is expected by the
Committee that the Secretary will enter into these agreements
to ensure that each participant in the project clearly
understands their various roles and responsibilities.
Fourth, the Secretary is also required by this section to
consult with the Board to maximize efficiencies in the planning
and execution of the project. Coordination between the Board
and the Secretary is particularly important for the purpose of
preparing the plaza to accommodate any buildings that may be
constructed. By coordinating in advance, it will be possible to
eliminate or reduce delays due to inadequate capacity issues
for the plaza or conflicting designs for the location of water,
sewer and electricity connections. It is also important that
the parties coordinate in the letting of contracts so that each
can benefit by potentially negotiating lower prices and
reducing work stoppages.
Finally, this section authorizes the Secretary to negotiate
and enter into contracts on behalf of the Center related to the
completion of the project.
(c) Responsibilities of the Board
This section also grants to the Board a range of
authorities to enable it to participate fully in the completion
of the project. The legislation authorizes the Board to
undertake such activities as may be necessary to construct
buildings on the Plaza for the Project. The Board is also
authorized to receive from the District of Columbia such
transfer of air rights as may be necessary for the planning,
design, engineering, and construction of the project.
Further, this section gives to the Board the authority to
construct buildings on the plaza for the project. These
buildings must be constructed with non-appropriated funds. The
Board shall be responsible for all planning, design,
engineering, and construction of the buildings. It is expected
that the Board will coordinate and consult with the Secretary
during all phases of the project to ensure that no efforts are
duplicated.
Upon completion of the buildings, the Board is authorized
to acknowledge, within the interior of the buildings, private
contributions used in the construction of the buildings. Such
acknowledgments will be made in a manner consistent with
existing regulations and requirements. It is the understanding
of the Committee, that no acknowledgement will be made either
on the exterior of any of the buildings, or in a fashion that
would be visible from the exterior of the buildings.
(d) Responsibilities of the District of Columbia
This section also grants authority to and directs the
transfer of rights from the District of Columbia Government.
Under the authority granted, the Mayor of the District of
Columbia is granted the authority, notwithstanding any other
provision of local law, to realign the existing system of
highways and roads in consultation with the National Capital
Planning Commission to facilitate the project. As envisioned,
completion of the project will require the possible realignment
of several different roadways and highways located in the
District of Columbia and under the authority of the Mayor. This
provision ensures that the Mayor has all authority necessary to
facilitate the completion of the project in an efficient and
expedient manner.
Under this section, the Mayor is also granted the sole
authority to convey or dispose of any rights owned or
controlled by the District of Columbia as may be necessary to
meet the needs or requirements of the project. This authority
applies to air rights as defined by this legislation, air space
as that term is defined by District law, or any other interest
in real property that may be necessary.
To further ensure that the completion of the project is not
held up by a delay of this transfer, within 90 days of receipt
from the Secretary of a description of the rights needed, the
Mayor is required to transfer the rights.
The Mayor is also granted the authority to enter into
agreements with the Board and any other Federal agency to
facilitate the planning, design, engineering, and construction
of the project.
(e) Ownership
This section clarifies the ownership of various areas upon
completion of the project. With the exception of the buildings
and green spaces established on the plaza, which shall be
owned,operated and maintained by the Board, responsibility for
maintenance and oversight of any green spaces, roadways or sidewalks
modified or improved by the project remains with the owner of the
affected green spaces, roadways, and sidewalks.
(f) National highway boundaries
This section clarifies the authority of the Secretary to
realign national highways in order to facilitate the flow of
traffic to, from, and in the vicinity of the Kennedy Center. By
the text of the bill, the Secretary's authority in this regard
is limited in his authority under this section to areas
specifically identified in the text of the bill, including the
Northern and Southern Interchanges and the E Street Approach as
recommended by the TEA-21 report.
This section also grants to the Secretary the authority to
improve direct access and egress between the Kennedy Center,
including its garages, and Interstate Route 66. This authority
is granted to allow the Secretary and the Board to improve and
restore previously existing accesses and egresses to Federal
highways from the Kennedy Center.
Section 3: Authorization of appropriations
This section amends Section 13 of the Act to redesignate
subsections allowing for the insertion of a new subsection (b).
This new subsection provides for the total appropriation of
$400,000,000, from FY 2003 through FY 2010, to the Secretary
for the completion of the project as specified by the new
Section 12 added by this legislation. The section further
clarifies that expenses relating to the construction of
buildings on the plaza may not be paid from the money
appropriated under this section. It is expected by the
Committee that all costs relating to this project, excluding
costs related to construction of buildings on the plaza and
costs associated with the transfer of air rights, will be paid
for from federal funds.
Section 4: Conforming amendments
This section makes two conforming amendments to the Act.
The first amends Section 4(a)(2)(D) to allow the Board to
negotiate contracts for the planning, design, engineering or
construction of new buildings to be built on the plaza and for
the continued maintenance of any improvements to the plaza.
This section also requires that upon completion of the project,
the Board, in consultation with the Secretary will make such
conforming changes to existing maps as may be necessary.
Legislative History and Committee Consideration
On June 13, 2002, the Subcommittee on Economic Development,
Public Buildings and Emergency Management held a hearing on the
John F. Kennedy Center for the Performing Arts Access Study.
The Subcommittee received testimony from the Kennedy Center,
Federal Highway Administration and District of Columbia
Department of Transportation. On June 25, 2002, Mr. Young of
Alaska, Mr. Oberstar, Mr. LaTourette, Mr. Costello, Mr. Kolbe,
Mr. Kennedy, and Ms. Pryce introduced H.R. 5012, the John F.
Kennedy Center Plaza Authorization Act of 2002.
On June 26, 2002, the Full Committee met in open session
and on a motion with a quorum present, discharged the
Subcommittee from further consideration of the bill. On a
motion by Mr. LaTourette, the Full Committee ordered H.R. 5012
reported to the House by unanimous voice vote, with a quorum
present.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no rollcall votes taken in connection with ordering H.R.
5012 favorably reported. A motion by Mr. LaTourette to order
H.R. 5012 favorably reported to the House was agreed to by
voice vote, a quorum being present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate will
be inserted in the Congressional Record at a later date.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office which
will be inserted in the Record at a later date.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation is to
authorize the creation of a plaza and improve the roadways and
highways adjacent to the Kennedy Center to improve vehicular,
pedestrian and bicycle access.
3. With respect to the requirement 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 not received a cost estimate for H.R. 5012 from
the Director of the Congressional Budget Office.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own, the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1994
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local or
tribal law. The Committee states that H.R. 5012 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the 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 (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
JOHN F. KENNEDY CENTER ACT
* * * * * * *
SEC. 4. DUTIES OF THE BOARD.
(a) Programs, Activities, and Goals.--
(1) * * *
(2) Administrative powers and duties.--
(A) * * *
* * * * * * *
[(D) Selection of contractors.--In carrying
out the duties of the Board under this Act, the
Board may negotiate any contract 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.]
(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.
* * * * * * *
SEC. 12. 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.
(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
acknowledgement 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 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) 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. [12.] 13. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
* * * * * * *
(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 years 2003 through
2010. Such sums shall remain available until expended.
[(c)] (d) Limitation on Use of Funds.--No funds appropriated
pursuant to this section may be used for any direct expense
incurred in the production of a performing arts attraction, for
personnel who are involved in performing arts administration
(including any supply or equipment used by the personnel), or
for production, staging, public relations, marketing,
fundraising, ticket sales, or education. Funds appropriated
directly to the Board shall not affect nor diminish other
Federal funds sought for any performing arts function and may
be used to reimburse the Board for that portion of costs that
are Federal costs reasonably allocated to building services and
theater maintenance and repair.
SEC. [13.] 14. DEFINITIONS.
As used in this Act, the terms ``building and site of the
John F. Kennedy Center for the Performing Arts'' and ``grounds
of the John F. Kennedy Center for the Performing Arts'' refer
to the site in the District of Columbia on which the John F.
Kennedy Center building is constructed and that extends to the
line of the west face of the west retaining walls and curbs of
the Inner Loop Freeway on the east, the north face of the north
retaining walls and curbs of the Theodore Roosevelt Bridge
approaches on the south, the east face of the east retaining
walls and curbs of Rock Creek Parkway on the west, and the
south curbs of New Hampshire Avenue and F Street on the north,
as generally depicted on the map entitled ``Transfer of John F.
Kennedy Center for the Performing Arts'', numbered 844/82563,
and dated April 20, 1994 (as amended by the map entitled
``Transfer of John F. Kennedy Center for the Performing Arts'',
numbered 844/82563A and dated May 22, 1997), which shall be on
file and available for public inspection in the office of the
National Capital Region, National Park Service, Department of
the Interior. 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.