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JOHN F. KENNEDY CENTER PLAZA AUTHORIZATION ACT OF 2002
[[Page 116 STAT. 1340]]
Public Law 107-224
107th Congress
An Act
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. <<NOTE: Sept. 18, 2002 - [H.R. 5012]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: John F. Kennedy Center
Plaza Authorization Act of 2002. District of Columbia.>> assembled,
SECTION 1. <<NOTE: 20 USC 76h note.>> SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Center Plaza
Authorization Act of 2002''.
SEC. 2. JOHN F. KENNEDY CENTER PLAZA.
The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is amended--
(1) <<NOTE: 20 USC 76r, 76s.>> by redesignating sections 12
and 13 as sections 13 and 14, respectively; and
(2) by inserting after section 11 the following:
``SEC. 12. <<NOTE: 20 USC 76q-1.>> 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.
[[Page 116 STAT. 1341]]
``(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
acknowledgment 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
[[Page 116 STAT. 1342]]
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) <<NOTE: Deadline.>> 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. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of John F. Kennedy Center Act (as redesignated by section
2 of this Act) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(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
[[Page 116 STAT. 1343]]
years 2003 through 2010. Such sums shall remain available until
expended.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Selection of Contractors.--Section 4(a)(2)(D) of the John F.
Kennedy Center Act (20 U.S.C 76j(a)(2)(D)) is amended to read as
follows:
``(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.''.
(b) Definitions.--Section 14 of the John F. Kennedy Center Act (as
redesignated by section 2 of this Act) is amended by adding at the end
the following: ``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.''.
Approved September 18, 2002.
LEGISLATIVE HISTORY--H.R. 5012 (S. 2771):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-622 (Comm. on Transporation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Sept. 4, considered and passed House.
Sept. 5, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Sept. 18, Presidential statement.
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