text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``National Children's Island Act of 
  1995''.
  
  SEC. 2. DEFINITIONS.
  
      For the purposes of this Act:
          (1) The term ``plat'' means the plat filed in the Office of the 
      Surveyor of the District of Columbia under S.O. 92-252.
          (2) The term ``District'' means the District of Columbia.
          (3) The term ``Islands'' means Heritage Island and all of that 
      portion of Kingman Island located south of Benning Road and within 
      the District of Columbia and the Anacostia River, being a portion 
      of United States Reservation 343, Section F, as specified and 
      legally described on the Survey.
          (4) The term ``National Children's Island'' means a cultural, 
      educational, and family-oriented recreation park, together with a 
      children's playground, to be developed and operated in accordance 
      with the Children's Island Development Plan Act of 1993, D.C. Act 
      10-110.
          (5) The term ``playground'' means the children's playground 
      that is part of National Children's Island and includes all lands 
      on the Islands located south of East Capitol Street.
          (6) The term ``recreation park'' means the cultural, 
      educational, and family-oriented recreation park that is part of 
      National Children's Island.
          (7) The term ``Secretary'' means the Secretary of the Interior.
          (8) The term ``Survey'' means the ALTA/ACSM Land Title Survey 
      prepared by Dewberry & Davis and dated February 12, 1994.
  
  SEC. 3. PROPERTY TRANSFER.
  
      (a) Transfer of Title.--In order to facilitate the construction, 
  development, and operation of National Children's Island, the Secretary 
  shall, not later than six months after the date of enactment of this 
  Act and subject to this Act, transfer by quitclaim deed, without 
  consideration, to the District all right, title, and interest of the 
  United States in and to the Islands. Unbudgeted actual costs incurred 
  by the Secretary for such transfer shall be borne by the District. The 
  District may seek reimbursement from any third party for such costs.
      (b) Grant of Easements.--(1) The Secretary shall, not later than 
  six months after the date of enactment of this Act, grant, without 
  consideration, to the District, permanent easements across the 
  waterways and bed of the Anacostia River as described in the Survey as 
  Leased Riverbed Areas A, B, C, and D, and across the shoreline of the 
  Anacostia River as depicted on the plat map recorded in the Office of 
  the Surveyor of the District as S.O. 92-252.
      (2) Easements granted under paragraph (1) shall run with the land 
  and shall be for the purposes of--
          (A) constructing, reconstructing, maintaining, operating, and 
      otherwise using only such bridges, roads, and other improvements as 
      are necessary or desirable for vehicular and pedestrian egress and 
      ingress to and from the Islands and which satisfy the District 
      Building Code and applicable safety requirements;
          (B) installing, reinstalling, maintaining, and operating 
      utility transmission corridors, including (but not limited to) all 
      necessary electricity, water, sewer, gas, necessary or desirable 
      for the construction, reconstruction, maintenance, and operation of 
      the Islands and any and all improvements located thereon from time 
      to time; and
          (C) constructing, reconstructing, maintaining, operating, and 
      otherwise providing necessary informational kiosk, ticketing booth, 
      and security for the Islands.
      (3) Easements granted under paragraph (1) shall be assignable by 
  the District to any lessee, sublessee, or operator, or any combination 
  thereof, of the Islands.
      (c) Development.--The development of National Children's Island 
  shall proceed as specified in paragraph 3 of the legend on the plat or 
  as otherwise authorized by the District by agreement, lease, 
  resolution, appropriate executive action, or otherwise.
      (d) Reversion.--(1) The transfer under subsection (a) and the grant 
  of easements under subsection (b) 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) and the 
  easements granted under subsection (b), 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 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).
          (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).
          (C) After completion of construction and commencement of 
      operation, the abandonment or non-use of the recreation park for a 
      period of two years.
          (D) After completion of construction and commencement of 
      operation, conversion of the Islands to a use other than that 
      specified in this Act or conversion to a parking use not in 
      accordance with section 4(b).
      (2) The periods referred to in paragraph (1) shall be extended 
  during the pendency of any lawsuit which seeks to enjoin the 
  development or operation of National Children's Island or the 
  administrative process leading to such development or operation.
      (3) Following any reconveyance or reversion to the National Park 
  Service, any and all claims and judgments arising during the period the 
  District holds title to the Islands, the playground, and premises shall 
  remain the responsibility of the District, and such reconveyance or 
  reversion shall extinguish any and all leases, rights or privileges to 
  the Islands and the playground granted by the District.
      (4) The District shall require any nongovernmental entity 
  authorized to construct, develop, and operate National Children's 
  Island to establish an escrow fund, post a surety bond, provide a 
  letter of credit or otherwise provide such security for the benefit of 
  the National Park Service, substantially equivalent to that specified 
  in paragraph 11 of the legend on the plat, to serve as the sole source 
  of funding for restoration of the recreation park to a condition 
  suitable for National Park Service purposes (namely, the removal of all 
  buildings and grading, seeding and landscaping of the recreation park) 
  upon reversion of the property. If, on the date which is two years from 
  the date of reversion of the property, the National Park Service has 
  not commenced restoration or is not diligently proceeding with such 
  restoration, any amount in the escrow fund shall be distributed to such 
  nongovernmental entity.
  
  SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED AND EASEMENTS GRANTED.
  
      (a) Playground.--Operation of the recreation park may only commence 
  simultaneously with or subsequent to improvement and opening of a 
  children's playground at National Children's Island that is available 
  to the public free of charge. The playground shall only include those 
  improvements traditionally or ordinarily included in a publicly 
  maintained children's playground. Operation of the recreation park is 
  at all times dependent on the continued maintenance of the children's 
  playground.
      (b) Public Parking.--Public parking on the Islands is prohibited, 
  except for handicapped parking, emergency and government vehicles, and 
  parking related to constructing, and servicing National Children's 
  Island.
      (c) Required Approvals.--Before construction commences, the final 
  design plans for the recreation park and playground, and all related 
  structures, including bridges and roads, are subject to the review and 
  approval of the National Capital Planning Commission and of the 
  District of Columbia in accordance with the Children's Island 
  Development Plan Act of 1993 (D.C. Act 10-110). The District of 
  Columbia shall carry out its review of this project in full compliance 
  with all applicable provisions of the National Environmental Policy Act 
  of 1969.
  
  SEC. 5. EFFECT OF PROPERTY TRANSFER.
  
      (a) Effect of Property Transfer.--Upon the transfer of the Islands 
  to the District pursuant to this Act:
          (1) The Transfer of Jurisdiction concerning the Islands from 
      the National Park Service to the District dated February 1993, as 
      set out on the plat map recorded in the Office of the Surveyor of 
      the District as S.O. 92-252 and as approved by the Council of the 
      District by Resolution 10-91, shall become null and void and of no 
      further force and effect, except for the references in this Act to 
      paragraphs 3 and 11 of the legend on the plat.
          (2) The Islands shall no longer be considered to be part of 
      Anacostia Park and shall not be considered to be within the park 
      system of the District; therefore, the provisions of section 2 of 
      the Act entitled ``An Act to vest in the Commissioners of the 
      District of Columbia control of street parking in said District'', 
      approved July 1, 1898 (ch. 543, 30 Stat. 570; D.C. Code 8-104), 
      shall not apply to the Islands, and the District shall have 
      exclusive charge and control over the Islands and easements 
      transferred.
          (3) The Islands shall cease to be a reservation, park, or 
      public grounds of the United States for the purposes of the Act of 
      August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128 D.C. 
      Code).
      (b) Use of Certain Lands for Parking and Other Purposes.--
  Notwithstanding any other provision of law, the District is hereby 
  authorized to grant via appropriate instrument to a nongovernmental 
  individual or entity any and all of its rights to use the lands 
  currently being leased by the United States to the District pursuant to 
  the District of Columbia Stadium Act of 1957 (Public Law 85-300, 
  September 7, 1957, 71 Stat. 619) for parking facilities (and necessary 
  informational kiosk, ticketing booth, and security) as the Mayor of the 
  District in his discretion may determine necessary or appropriate in 
  connection with or in support of National Children's Island.
  
  SEC. 6. SAVINGS PROVISIONS.
  
      No provision of this Act shall be construed--
          (1) as an express or implied endorsement or approval by the 
      Congress of any such construction, development, or operation of 
      National Children's Island;
          (2) except as provided in section 5, to exempt the recreational 
      park and playground from the laws of the United States or the 
      District, including laws relating to the environment, health, and 
      safety; or
          (3) to prevent additional conditions on the National Children's 
      Island development or operation to mitigate adverse impacts on 
      adjacent residential neighborhoods and park lands and the Anacostia 
      River.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: National Children's Island Act of 1995 - Requires the Secretary of the Interior:  (1) in order to facilitate construction, development, and operation of National Children's Island, to transfer to the District of Columbia Heritage Island and all of that portion of the Kingman Island located south of Benning Road and within the District and the Anacostia River; and (2) to grant to the District permanent easements to such property for use by the District for roads and bridges (which satisfy the District Building Code and applicable safety requirements), utility transmission corridors, and an informational kiosk, a ticketing booth, and security for the Islands.  Allows the District to assign the easements to any operator of the Islands. 
  Requires unbudgeted actual costs incurred by the Secretary for the transfer to be borne by the District.  Authorizes the District to seek reimbursement from any third party for such costs. 
  Requires the development of National Children's Island (consisting of a recreation park and a children's playground) to proceed as authorized. 
  Subjects the transfer and easements to the condition that the Islands be used only for the purposes of the National Children's Island and provides for reversion to the United States if improvements and operations are not commenced within specified periods, if the recreation area is abandoned or not used for a specified period, or if the Islands are converted to another use. 
  Requires the District to direct any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit, or otherwise provide such security for the benefit of the Service to serve as the sole source of funding for restoration of the park to a condition suitable for Service purposes upon reversion of the property.  Requires any amount in the escrow fund to be distributed to such entity if, after two years from the date of reversion of the property, the Service has not commenced, or is not diligently proceeding with, such restoration. 
  (Sec. 4) Provides that operation of the park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at the National Children's Island that is available to the public free of charge.  Prohibits public parking on the Islands except for handicapped parking, emergency and governmental vehicles, and parking related to constructing and servicing the National Children's Island. 
  Subjects the final design plans for the park and playground to the review and approval of the National Capital Planning Commission and the District. 
  Provides that:  (1) the transfer of jurisdiction concerning the Islands from the National Park Service to the District as approved by the Council of the District shall become null and void and of no further force and effect; (2) the Islands shall no longer be considered to be part of Anacostia Park or to be within the District's park system; and (3) the District shall have exclusive charge and control over the Islands and easements. 
  Authorizes the District to grant to a nongovernmental individual or entity a right to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 for parking facilities (and necessary informational kiosk, ticketing booth, and security) as the Mayor of the District may determine necessary or appropriate in connection with or in support of National Children's Island.
feat_title: National Children's Island Act of 1995