Page:United States Statutes at Large Volume 118.djvu/1381

 118 STAT. 1351 PUBLIC LAW 108–335—OCT. 18, 2004 (A) a portion of National Park Service land in Anacostia Park, U.S. Reservation 343, Section G, the boundaries of which are the Anacostia River to the west, Watts Branch to the south, Kenilworth Aquatic Gardens to the north, and Anacostia Avenue to the east which includes the community center currently occupied under permit by the District of Columbia known as the ‘‘Kenilworth Parkside Community Center’’; and (B) all of U.S. Reservation 523. (b) CONDITIONS OF TRANSFER.— (1) TERM.—Jurisdiction will be transferred from the NPS to the District of Columbia. (2) CONDITION OF TRANSFER.—The transfer of jurisdiction under subsection (a)(1) shall be subject to such terms and conditions, to be included in a Declaration of Covenants to be mutually executed between NPS and the District of Columbia to ensure that the property transferred under that subsection— (A) is used only for the provision of public recreational facilities, open space, or public outdoor recreational opportunities; and (B) nothing in this Act precludes the District of Columbia from entering into a lease for all or part of the property with a public not for profit entity for the management or maintenance of the property. (3) TERMINATION.— (A) IN GENERAL.—The transfer under subsection (a)(1) shall terminate if— (i) any term or condition of the transfer described in paragraph (2) or contained within the Declaration of Covenants described in paragraph (2) is violated, as determined by the NPS; and (ii) the violation is not corrected by the date that is 90 days after the date on which the Mayor of the District of Columbia receives from the NPS a written notice of the violation. (B) DETERMINATION OF CORRECTION.—A violation of a term or condition of the transfer under subsection (a)(1) shall be determined to have been corrected under subpara graph (A)(ii) if, after notification of the violation, the Dis trict of Columbia and the NPS enter into an agreement that the NPS considers to be adequate to ensure that the property transferred will be used in a manner con sistent with paragraph (2). (4) PROHIBITION OF CIVIL ACTIONS.—No person may bring a civil action relating to a violation of any term or condition of the transfer described in paragraph (2) before the date that is 90 days after the person notifies the Mayor of the District of Columbia of the alleged violation (including the intent of the person to bring a civil action for termination of the transfer under paragraph (3)). (5) REMOVAL OF STRUCTURES; REHABILITATION.—The transfer under subsection (a)(1) shall be subject to the condition that, in the event of a termination of the transfer under para graph (3), the District of Columbia shall bear the cost of removing structures on, or rehabilitating, the property trans ferred. Deadline.

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