Union Calendar No. 329
118th CONGRESS 2d Session |
[Report No. 118–400, Parts I and II]
To amend the District of Columbia Stadium Act of 1957 to provide for the transfer of administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the Administrator of General Services and the leasing of the Campus to the District of Columbia for purposes which include commercial and residential development, and for other purposes.
July 27, 2023
Mr. Comer (for himself and Ms. Norton) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committees on Natural Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
February 23, 2024
Additional sponsors: Mr. Clyburn, Mr. LaTurner, Mr. Moskowitz, Mr. Edwards, Ms. Crockett, Mr. Ciscomani, Mr. Timmons, Ms. Mace, Ms. Porter, Mr. Donalds, Mr. Fallon, Mr. Langworthy, Mrs. Beatty, Ms. Foxx, Mr. Self, Mr. Carson, Mr. Thompson of Mississippi, Mr. Goldman of New York, Mr. Westerman, and Mr. Horsford
February 23, 2024
Reported from the Committee on Natural Resources with amendments
[Strike out all after the enacting clause and insert the part printed in italic]
February 23, 2024
Reported from the Committee on Oversight and Accountability with an amendment
[Strike out all after the enacting clause and insert the part printed in boldface roman]
February 23, 2024
Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July 27, 2023]
To amend the District of Columbia Stadium Act of 1957 to provide for the transfer of administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the Administrator of General Services and the leasing of the Campus to the District of Columbia for purposes which include commercial and residential development, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act”.
SEC. 2. Transfer of administrative jurisdiction over RFK Memorial Stadium Campus to District of Columbia.
(a) Exercise of transfer authority.—
(1) TRANSFER.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior (hereafter referred to as the “Secretary”), acting under the authority of section 8124 of title 40, United States Code (except as provided under paragraph (2)), shall transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus (hereafter referred to as the “Campus”) to the District of Columbia (hereafter referred to as the “District”), subject to a Declaration of Covenants with the District which is consistent with the succeeding provisions of this Act and which includes such other terms and conditions as may be agreed to by the Secretary and the District.
(b) Development and uses of campus.—After transfer of administrative jurisdiction over the Campus under this section, the District may develop and use, and permit the development and use of, the Campus for any of the following purposes:
(1) Stadium purposes, including training facilities, offices, and other structures necessary to support a stadium.
(3) Facilities, open space, and public outdoor opportunities, which may include supporting cultural activities, educational activities, and recreational activities, as such terms are defined in section 3306(a) of title 40, United States Code.
(c) Specific requirements relating to development and use of campus.—The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to require the District to meet the following requirements as a condition of the development and use of the Campus as set forth under subsection (b) after transfer of administrative jurisdiction over the Campus under this section:
(1) The District shall ensure that the development and use does not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service, including the restoration of the wetlands south of Kingman Island.
(2) The District shall designate, develop, operate, and maintain at least 30 percent of the Campus (excluding the riparian area of the Campus as defined in subsection (g)(2)) as the “Robert F. Kennedy Memorial Park” as parks and open space to provide land for passive and active outdoor recreation and shall require that portion to be reserved for such purposes for the duration of the transfer.
(3) The District shall ensure that the development and use provides for improved public access to the Anacostia River and shall not interrupt the Anacostia River Trail.
(4) The District shall, to the extent necessary, ensure that parking facilities are provided to accommodate the development.
(5) The District shall provide for adequate public safety and security measures and resources in the planning and ongoing management of the development.
(6) The District shall carry out measures that, to the greatest extent practicable, will reduce the impact of noise and traffic of the development on surrounding residential areas in the District.
(7) The District shall operate and maintain the riparian area of the Campus in accordance with subsection (g).
(8) The District shall ensure that no Member of Congress, Delegate or Resident Commissioner to the Congress, or any other official of the Government of the United States or the Government of the District of Columbia shall be admitted to any share or part of any lease entered into by the District in the exercise of the administrative jurisdiction over the Campus transferred under this section, or to any benefit that may arise therefrom, including any contract or agreement made, entered into, or accepted by or on behalf of the District as a result of this section. Nothing in the previous sentence may be construed to apply to a person who is a shareholder or other beneficial owner of any publicly held corporation or other entity, if the lease is for the general benefit of such corporation or other entity.
(d) Survey.—
(1) REQUIRING SURVEY.—As soon as practicable after the date of the enactment of this Act, the District shall conduct a survey of the Campus, which shall determine the exact acreage and legal description of the Campus by a boundary survey prepared by a qualified Federally-, State-, or District-licensed surveyor who is approved by the Secretary.
(2) SUBMISSION TO CONGRESS.—Upon completion, the survey conducted under paragraph (1) shall be submitted to—
(e) Memorandum of understanding.—As a condition of the development and use of the Campus after transfer of administrative jurisdiction over the Campus under this section, the Secretary and the District shall enter into a memorandum of understanding to determine an allocation of the costs of carrying out all responsibilities of the United States and the District with respect to the Campus under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), including any costs of any response action with respect to any contamination present on the Campus.
(f) Costs.—
(1) COSTS OF TRANSFER.—The District shall be responsible for payment of any costs of carrying out the transfer of administrative jurisdiction over the Campus under this section, including—
(2) COSTS AFTER TRANSFER.—Except as provided under the memorandum of understanding entered into under subsection (e), the Secretary shall not be responsible for payment of any costs or expenses that are incurred by the District or any other party (other than the United States) associated with the Campus after the transfer of administrative jurisdiction under this section.
(g) Special rules for riparian area.—
(1) RESTRICTION ON DEVELOPMENT AND USE.—The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the riparian area of the Campus may not be developed or used for any purposes other than the continuing maintenance of any development, use, or infrastructure (including roads and pathways) existing at the time of the execution of the transfer of administrative jurisdiction over the Campus under this section.
(h) Prohibiting use of federal funds for stadium.—The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the District may not use Federal funds for stadium purposes on the Campus, including training facilities, offices, and other structures necessary to support a stadium.
(i) Term.—The transfer of administrative jurisdiction over the Campus under this section shall be in effect for a term of not less than 99 years, and may be renewed for subsequent periods agreed to by the Secretary and the District.
(j) Reversion of administrative jurisdiction.—
(1) GROUNDS FOR REVERSION.—The Declaration of Covenants entered into under subsection (a)(1) shall include provisions stating that administrative jurisdiction over the Campus transferred under this section shall revert to the Secretary if each of the following occurs:
(A) The terms and conditions of the Declaration of Covenants have not been complied with, as reasonably determined by the Secretary.
(B) Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the District. Such noncompliance shall be treated as corrected if the District and the Secretary enter into an agreement that the Secretary finds adequate to ensure that the Campus will be developed and used in a manner consistent with the purposes referred to in subsection (b).
(2) TIMING.—The Secretary may not seek the reversion of administrative jurisdiction over the Campus under this subsection before the expiration of 90 days after the date on which written notice of the alleged violation is received by the District. The notice shall include notice of the Secretary’s intention for administrative jurisdiction over the Campus to revert to the Secretary.
(3) COST OF REHABILITATING PROPERTY.—The Declaration of Covenants entered into under subsection (a)(1) shall include provisions requiring the District to bear the actual cost of removing structures from or rehabilitating the Campus if administrative jurisdiction over the Campus reverts to the Secretary under this subsection.
(k) Rule of construction related to the applicability to the administrative jurisdiction transfer.—Nothing in this section may be construed to affect or limit the application of or obligation to comply with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(l) Conforming amendment; termination of existing lease.—Effective on the date of the transfer of administrative jurisdiction over the Campus under this section—
(m) Definition.—In this Act, the term “Robert F. Kennedy Memorial Stadium Campus” means the approximately 174 acres of Federal land as generally depicted on the map entitled “Anacostia Park, Robert F. Kennedy Memorial Stadium Campus – Transfer of Administrative Jurisdiction”, numbered 831/189,767, and dated January 2024.
This Act may be cited as the “D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act”.
SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER RFK MEMORIAL STADIUM CAMPUS TO GENERAL SERVICES ADMINISTRATION.
(a) Transfer.—The District of Columbia Stadium Act of 1957 (sec. 3–321 et seq., D.C. Official Code) is amended by adding after section 7 the following new section:
“SEC. 8. TRANSFER OF PROPERTY TO GENERAL SERVICES ADMINISTRATION FOR LEASE TO DISTRICT OF COLUMBIA.
“(a) Transfer.—
“(1) In general.—Effective on the date of the enactment of the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act—
“(A) administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus (hereafter referred to as the ‘Campus’), including any improvements and existing facilities thereon, is transferred at no cost to the Administrator of General Services (hereafter referred to as the ‘Administrator’); and
“(2) Survey.—
“(A) REQUIRING SURVEY.—After the transfer of administrative jurisdiction under paragraph (1), the Administrator, in consultation with the Secretary of the Interior (hereafter referred to as the ‘Secretary’), shall conduct a survey of the Campus, which shall determine the exact acreage and legal description of the Campus by a boundary survey prepared by a qualified Federally-, State-, or District of Columbia-licensed surveyor who is approved by the Administrator.
“(b) New lease to District of Columbia.—
“(1) Requiring lease; terms and conditions.—Not later than 180 days after the transfer of administrative jurisdiction under subsection (a) is completed, the Administrator shall enter into a lease without consideration with the District of Columbia under which the District may use the Campus for any of the following purposes, subject to paragraph (5) and such other terms and conditions as may be agreed to by the Administrator and the District:
“(2) Specific requirements relating to use of Campus for stadium, commercial, or residential development.—The lease entered into under this subsection shall include provisions to require the District of Columbia to meet the following requirements as a condition of using the Campus for stadium, commercial, or residential development:
“(A) The District shall ensure that the development or use does not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service, including the restoration of the wetlands south of Kingman Island.
“(B) The District shall designate at least 30 percent of the Campus (excluding the riparian area of the Campus, as defined in paragraph (5)(B)) as parks, recreation, or open space.
“(C) The District shall ensure that the development provides for improved public access to the Anacostia River and shall not interrupt the Anacostia River Trail.
“(D) The District shall, to the extent necessary, ensure that parking facilities are provided to accommodate the development.
“(3) Remittance of costs incurred by Administrator.—The lease entered into under this subsection shall include provisions to require the District of Columbia to reimburse the Administrator for any actual costs incurred by the Administrator in carrying out the lease.
“(4) National Environmental Policy Act.—The District of Columbia shall be responsible for any obligations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out the lease entered into under this subsection.
“(5) Special rules for riparian area.—
“(A) RESTRICTION ON DEVELOPMENT AND USE.—The riparian area of the Campus may not be developed or used for any purposes other than the continuing maintenance of any development, use, or infrastructure (including roads and pathways) existing at the time of the transfer of administrative jurisdiction under subsection (a)(1)(A).
“(6) Inclusion of survey.—The Administrator shall incorporate in the lease entered into under this subsection the survey conducted under subsection (a)(2).
“(c) Termination of new lease.—
“(1) Grounds for termination.—The lease entered into under subsection (b) shall provide for the termination of the lease prior to its expiration if each of the following occurs:
“(A) The terms and conditions of the lease have not been reasonably complied with, as determined by the Administrator.
“(B) Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the District of Columbia. Such noncompliance shall be treated as corrected if the District and the Administrator enter into an agreement, with the concurrence of the National Capital Planning Commission, which the Administrator considers adequate to ensure that the Campus will be used in a manner consistent with the purposes referred to in subsection (b).
“(2) Timing.—The Administrator may not bring an action respecting a violation of any term or condition of the lease entered into under subsection (b) before the expiration of 90 days after the date on which the Administrator has notified the District of Columbia of the alleged violation. The notice shall include notice of the Administrator’s intention to bring an action to terminate the lease under paragraph (1).
“(3) Cost of rehabilitating property.—The lease entered into under subsection (b) shall provide that the District of Columbia shall bear the actual cost of removing structures from or rehabilitating the Campus if the lease is terminated under this subsection.
“(4) Use of property after termination of lease.—Any property which is the subject of the lease entered into under subsection (b) shall, if the lease is terminated under this subsection, be administered as Federal property which may be considered for sale, lease, or exchange under section 412 of title IV of Division H of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3259), except as follows:
“(A) The riparian area of the Campus (as defined in subsection (b)(5)(B)) may not be sold, leased, or exchanged to any non-Federal person.
“(B) The Administrator (or, if the property is sold, leased, or exchanged, the person to whom the property is sold, leased, or exchanged) shall ensure that activities on the property do not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service.
“(C) The Administrator (or, if the property is sold, leased, or exchanged, the person to whom the property is sold, leased, or exchanged) shall ensure that at least 30 percent of the property (excluding the riparian area of the Campus, as defined in subsection (b)(5)(B)) is maintained for parks, recreation, or open space.
“(d) Prohibiting interested parties from benefitting from development.—No Member of Congress, Delegate or Resident Commissioner to the Congress, or any other official of the Government of the United States or the Government of the District of Columbia shall be admitted to any share or part of the lease entered into under subsection (b) or to any benefit that may arise therefrom, including any contract or agreement made, entered into, or accepted by or on behalf of the United States or the District as a result of such lease. Nothing in the previous sentence may be construed to apply to a person who is a shareholder or other beneficial owner of any publicly held corporation or other entity, if the lease is for the general benefit of such corporation or other entity.
“(e) Rules of construction.—Nothing in this section may be construed—
“(1) to require the Secretary or Administrator to pay any costs and expenses which are incurred by the District of Columbia or any other party (other than the United States) at any time, including in connection with carrying out this section; or
“(2) to impose on the Administrator any obligations and liabilities associated with the Campus under environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
“(f) Definition.—In this section, the term ‘Robert F. Kennedy Memorial Stadium Campus’ means the approximately 174 acres of Federal land as generally depicted on the map entitled ‘Anacostia Park, Robert F. Kennedy Memorial Stadium Proposed Land Transfer’, numbered 831/189,767, and dated September 2023.”.
(b) Conforming amendment.—Effective on the date of the execution of the lease between the Administrator and the District of Columbia required by section 8(b) of the District of Columbia Stadium Act of 1957, as added by subsection (a), section 7 of such Act (sec. 3–326, D.C. Official Code) is repealed.
Amend the title so as to read: “A bill to direct the Secretary of the Interior to transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the District of Columbia so that the District may use the Campus for purposes including residential and commercial development, and for other purposes.”.
Union Calendar No. 329 | |||||
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[Report No. 118–400, Parts I and II] | |||||
A BILL | |||||
To amend the District of Columbia Stadium Act of 1957 to provide for the transfer of administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the Administrator of General Services and the leasing of the Campus to the District of Columbia for purposes which include commercial and residential development, and for other purposes. | |||||
February 23, 2024 | |||||
Reported from the Committee on Natural Resources with amendments | |||||
February 23, 2024 | |||||
Reported from the Committee on Oversight and Accountability with an amendment | |||||
February 23, 2024 | |||||
Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |