[House Report 109-316]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-316
HOUSE OF REPRESENTATIVES
1st Session Part 2
======================================================================
FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2005
_______
December 16, 2005.--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. 3699]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, 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.
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.
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 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. 403. 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.
SECTION 404. CONDITIONS FOR DEVELOPMENT OF PROPERTIES CONVEYED OR
TRANSFERRED TO DISTRICT OF COLUMBIA.
With respect to any property for which title is conveyed or
administrative jurisdiction is transferred to the District of Columbia
under this Act or any amendment made by this Act, the following rules
shall apply:
(1) The District shall, in the development of the property,
continue to fund and use training and workforce programs that
improve the skills and labor force participation of the
District's youth.
(2) The District shall carry out the solicitation and
evaluation of proposals for the development of the property in
a manner which ensures, to the greatest extent practicable, the
participation of disadvantaged business enterprises among the
equity partners of the sponsors of the proposals.
(3) The development of the property shall be consistent with
the National Capital Planning Commission's Memorials and
Museums Master Plan of December 2001 and the recommendations of
the South Capitol Street Task Force of the National Capital
Planning Commission.
Purpose of the Legislation
The purpose of H.R. 3699, as amended, is to transfer
ownership and jurisdiction of properties within the District of
Columbia between the General Services Administration and
Department of Interior and the government of the District of
Columbia. H.R. 3699, as amended, also clarifies the terms and
conditions under which these transfers are to take place.
Background and Need for the Legislation
H.R. 3699, as amended, authorizes the exchange of land
between the General Services Administration (GSA) and
Department of Interior's National Park Service (NPS) and the
District of Columbia (the District). Under a transfer of
jurisdiction, the federal government retains ownership of the
property and the District is given authority to maintain and
administer the property.
Transferring this land allows the District to utilize the
lands for development to increase its tax base and decrease
financial dependence on the federal government. Many of the
parcels in H.R. 3699, as amended, are underutilized or
neglected; consequently the transfer would help the Federal
government manage existing properties by reducing maintenance
backlogs. These lands are not currently providing substantial
value and their transference to the District would allow
taxpayer dollars to be spent on maintaining more useful
properties.
The federal government will receive from the District a
number of parcels of land and properties that will allow the
federal government to consolidate its holdings within the
District to better manage and maintain these properties and
allow for future federal development at the West Campus of St.
Elizabeth's Hospital.
Summary of the Legislation
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: This section requires the transfer of certain
properties to the District of Columbia (the District) from the
General Services Administration (GSA) and conversely from the
District to GSA. The properties conveyed to the District
include United States Reservation 13 and the Old Naval
Hospital. The properties conveyed to GSA include five buildings
located at the West Campus of St. Elizabeth's Hospital.
Section 102: This section exempts the District and GSA from
performance obligations otherwise required by law when
properties are transferred and also terminates any outstanding
claims against either entity.
Title II--Streamlining Management of Properties Located in the District
of Columbia
Section 201: This section requires the transfer of a number
of unimproved and improved properties from the administrative
jurisdiction of the District to the Department of Interior
(Interior) and vice versa. The properties at issue from the
District are a number of rights-of-ways, alleys, triangle
parks, and the lands on traffic circles. The properties
transferred from the Department of Interior include portions of
a number of federal reservations located in the District.
Section 202: This section requires the conveyance of title
from D.C. to Interior of two properties and from Interior to
the District of 14 parcels of federal land and portions of two
others and from the District to Interior of two properties in
Northwest D.C. adjacent to existing federal parcels.
Section 203: This section requires Interior to convey U.S.
Reservation 174 to the District. This 13,500 square foot
reservation at New York Avenue and 11th Street, N.W., was
transferred to the District in the 1970's 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 a final 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: This section requires the Secretary to convey
no more than 15 contiguous acres within National Park Service
(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 stadiumlease for the
described parcel and all the conditions associated with it will
terminate.
Title III--Poplar Point
This title requires the transfer from NPS to D.C. of Poplar
Point, a large park in the District. In exchange for this
transfer, the District must allow the NPS to continue to occupy
their facilities at Poplar Point, until such time as both agree
such use is no longer necessary, and the District provides
appropriate replacement space. The exchange also includes a
number of restrictions on construction of facilities by the
District.
Title IV--General Provisions
Section 401: This section defines certain terms used in
this Act.
Section 402: 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 include, but are not
limited to, costs and expenses associated with zoning, land-use
process, transfer taxes, recording taxes or recording fees.
Section 403: 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.
Section 404: This section requires that for any development
of property transferred to the District, such development
include training and workforce programs for District youth,
incorporate opportunities for small and disadvantaged
businesses, and be consistent with both the National Capital
Planning Commission's (NCPC) December 2001 Master Plan and the
recommendations of the NCPC South Capitol Street Task Force.
Legislative History and Committee Consideration
H.R. 3699 was introduced by Representative Tom Davis,
Delegate Eleanor Holmes Norton, and Representative Chris Van
Hollen on September 8, 2005. On November 18, 2005, the
Committee on Government Reform reported H.R. 3699 with an
amendment. On November 18, 2005, H.R. 3699, as amended, was
sequentially referred to the Committee on Transportation and
Infrastructure until December 17, 2005.
On December 7, 2005, the Committee on Transportation and
Infrastructure met in open session and considered H.R. 3699, as
amended by the Committee on Government Reform. An amendment was
offered by Mr. Shuster, making three changes to the legislation
as reported by the Committee on Government Reform. The
amendment deleted a provision in Section 101 and all of Section
402, which exempt the District of Columbia and the federal
government from the requirements of a number of environmental
requirements. Additionally, a new Section 404 was added that
requires for any development of property transferred to the
District, such developments shall include training and
workforce programs for District youth, incorporate
opportunities for small and disadvantaged businesses, and be
consistent with both the National Capital Planning Commission's
(NCPC) December 2001 Master Plan and the recommendations of the
NCPC South Capitol Street Task Force. The amendment was adopted
by voice vote, with a quorum present. A motion by Mr. Shuster
to order H.R. 3699, as amended, favorably reported to the House
was agreed to unanimously, by voice vote with a quorum present.
There were no recorded votes taken during consideration of H.R.
3699, as amended.
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 roll call 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 recorded votes taken in conjunction with ordering
H.R. 3699, as amended, favorably reported to the House.
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 is
included in this report.
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
included below.
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 are
included in the legislation, as amended.
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 received the following cost estimate for H.R.
3699, as amended, from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 12, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
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,
Donald B. Marron
(For 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. H.R.
3699 contains no private-sector mandates as defined in UMRA.
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 also would 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.
On October 12, 2005, CBO transmitted a cost estimate for
H.R. 3699 as ordered reported by the House Committee on
Government Reform on September 29, 2005. The two pieces of
legislation are similar, and our cost estimates are the same.
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.
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 1974
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. 3699 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 (new matter is
printed in italic, 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. (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.