S. 1192 (97th): Union Station Redevelopment Act of 1981

97th Congress, 1981–1982. Text as of Dec 29, 1981 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

PUBLIC LAW 97-125—DEC. 29, 1981                                   95 STAT. 1667

Public Law 97-125
97th Congress
                                   An Act
To amend the National Visitor Center Facilities Act of 1968 to provide for the        Dec. 29,1981
  rehabilitation and completion of Union Station in Washington, District of Ctolum-     [S. 1192]
  bia, and for other purposes.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be Union station
cited as the "Union Station Redevelopment Act of 1981".                   ASTigsi"^''*
   SEC. 2. The Congress finds and declares that—                          40 use 80i note.
        (1) Union Station in Washington, District of Columbia, com- 40 use sii note.
     missioned by Congress in 1903, designed by Daniel H. Bumham
     in monumental Beaux Arts style, and completed by the Washing-
     ton Terminal Company in 1907, is an important historic and
     architectural landmark of the Nation's Capital;
        (2) Union Station was built and used exclusively as a rail
     passenger station until Congress decided to make the historic
     Union Station building a National Visitor Center in 1968, allo-
     cating rail passenger operations to a replacement facility behind
     the historic building;
        (3) the use of rail passenger service to and from Washington,
     District of Columbia, declining when the National Visitor Center
     Facilities Act of 1968 was enacted, has dramatically increased 40 use soi note.
     since that time with the advent of and substantial Federal
     investment in the National Railroad Passenger Corporation and
     the northeast corridor improvement project, justifying a reversal
     of the policy adopted 13 years ago;
        (4) the historic Union Station building is now unsafe and
     unusable, and the replacement railroad station is inconvenient
     and inadequate for present and projected rail ridership demand;
        (5) it is in the national interest to preserve the architectural
     features of Union Station and to provide in the Union Station
     complex a sound and fully operational transportation terminal;
        (6) the Union Station complex and its vicinity present an
     opportunity for successful commercial development integrated
     with the transportation functions of the facility; and
        (7) the purposes of this Act are to achieve the goals of historic
     preservation and improved rail use of Union Station with maxi-
     mum reUance on the private sector and minimum requirement
     for Federal assistance.
   SEC. 3. Title I of the National Visitor Center Facilities Act of 1968
(40 U.S.C. 801 et seq.) is amended—
        (1) by striking "National Visitor Center" in the caption of title
     I and inserting in lieu thereof "Union Station";
        (2) by inserting a new caption "Subtitle A—National Visitor
     Center" immediately after the new title I caption; and
        (3) by adding at the end of title I the following new subtitle:

95 STAT. 1668 PUBLIC LAW 97-125—DEC. 29, 1981 "Subtitle B—Union Station Redevelopment 40 use 811. "SEC. 111. (a) Upon the request of the Secretary of Transportation, the Secretary shall assign to the Secretary of Transportation all of the Secretary's right, title, and interest in the Union Station com- plex, including all agreements and leases entered into under subtitle A of this title. Such assignment may reserve to the Secretary the right to lease space for visitor services, to the extent the Secretary and the Secretary of Transportation may agree. For purposes of this title, the "Union Station complex" shall include all the real property, air rights, and improvements leased by the Secretary under subtitle A of this title, together with any property acquired and all improve- ments made in accordance with this subtitle. Roof "(b) Notwithstanding the provisions of subsection (a) of this section, installation. ^j^e Secretary shall, not later than twelve months after the date of enactment of this subsection, complete the installation of new roofs and associated drainage systems on all existing roof surfaces of the historic Union Station building. Of funds appropriated to the Secre- tary under the construction appropriation for the National Park System for the fiscal year ending September 30,1982, not less than $8,100,000 shall be available to and allocated by the Secretary for such roof work. In the event the assignment provided for in subsec- tion (a) of this section occurs prior to completion of such roof work, the Secretary shall continue to be responsible for such roof work until its completion, except as the Secretary and the Secretary of Transpor- tation may otherwise agree. "(c) Prior to the assignment provided for in subsection (a) of this section, the Secretary shall permit the Secretary of Transportation to carry out or cause to be carried out the activities authorized by this subtitle or by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 851 et seg.). "(d) After both the assignment provided for in subsection (a) of this section and the completion of the roof installation required by subsection 0)) of this section, the Secretary shall be relieved of the authority and obligation under subtitle A of this title to construct and operate a National Visitor Center at Union Station. The provisions of subtitle A of this title shall thereafter be deemed superseded by any contrary or inconsistent provisions of subtitle B of this title. 40 use 812. "SEC. 112. The Secretary of Transportation shall provide for the rehabilitation and redevelopment of the Union Station complex primarily as a multiple-use transportation terminal serving the Nation's Capital, and secondarily as a commercial complex, in accordance with the following goals: "(a) Preservation of the exterior facade and other historically and architecturally significant features of the Union Station building; "(b) Restoration and operation of a portion of the historic Union Station building as a rail passenger station, together with holding facilities for charter, transit, and intercity buses in the Union Station complex; "(c) Commercial development of the Union Station complex that will, to the extent possible, financially support the contin- ued operation and maintenance of such complex; and "(d) Withdrawal by the Federal Government from any active role in the operation and management of the Union Station complex as soon as practical and at the least possible Federal expense consistent with the goals set forth in subsections (a) through (c) of this section.
PUBLIC LAW 97-125—DEC. 29, 1981 95 STAT. 1669 "SEC. 113. (a) There are authorized to be appropriated to the Appropriation Secretary of Transportation such sums as may be necessary to meet authorization. 40 u s e 813. lease and other obligations, including maintenance requirements, incurred by the Secretary and assigned to the Secretary of Transpor- tation under this subtitle. The Secretary shall transfer to the Secre- tary of Transportation at the time of such assignment such sums as may have been appropriated to the Secretary to meet such obliga- tions and not yet expended as of the date of such assignment. "(b) Notwithstanding the provisions of section 102(aX5) of this title, 40 u s e 802. the Secretary of Transportation is authorized to purchase for the United States any property that was leased by the Secretary under subtitle A of this title and assigned to the Secretary of Transportation under this subtitle. The purchase agreement for such property may provide for payment by the Secretary of Transportation over a term not to exceed six years. There are autnorized to be appropriated to the Secretary of Transportation, in addition to the sums authorized by subsection (a) of this section, not to exceed $275,000 per year for not to exceed six years to carry out such purchase. Such purchase shall not be subject to the provisions of title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.4651etseq.). "SEC. 114. (a) The Secretary of Transportation shall, on an emer- Engineering gency basis, carry out an engineering survey of all existing structures survey. 40 u s e 814. at the Union Station complex for the following purposes: "(1) to determine those actions necessary or desirable to preserve the long-term structural integrity of, and provide func- tional utility systems for, the historic Union Station building; "(2) in cooperation with Amtrak, to determine those actions necessary or desirable to restore rail passenger handling func- tions to the historic Union Station building and otherwise improve rail passenger service facilities at Union Station, includ- ing improved passenger accesstothe trains; and "(3) to prepare detailed estimates of the costs of such rehabili- tation and improvement. "(b) Concurrently with the engineering survey required by subsec- Study. tion (a) of this section, the Secretary of Transportation, in cooperation with the National Railroad Passenger Corporation, shall carry out a plsuining and market feasibility study to assess the commercial development potential of the Union Station complex. Such study shall also include, but not be limited to, an assessment of the feasibility and desirability of: "(1) providing passenger transportation services from Union Station to the commercial airports in the area; "(2) constructing a heliport at or near the Union Station complex; and "(3) relocating to office space in Union Station the offices of Federal or other public transportation agencies. "(c) The Secretary of Transportation shall complete the engineer- Survey ing survey required by this section not later than six months after the completion. date of enactment of this section, and shall complete the planning and market feasibility study required by this section not later than twelve months after the date of enactment of this section. "(d) Of amounts appropriated under section 704(a) (1) and (2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a) (1) and (2)), $1,000,000 shall be available to and be utilized by the Secretery of Transportation to carry out the purposes of subsec- tions (a) and (b) of this section.
95 STAT. 1670 PUBLIC LAW 97-125—DEC. 29, 1981 Report to "(e) Within twelve months following the date of enactment of this Congress. section, the Secretary of Transportation shall submit a report to the Congress on the results of the engineering survey and planning and market feasibility studies carried out under this section. Such report shall be referred to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committees on Energy and Commerce and Public Works and Transportation of the House, respectively. Such report shall include a specific commitment of Federal funds for completion of the rehabili- tation of the historic Union Station building, together with any necessary request for appropriations, in the amount determined by the Secretary of Transportation to be necessary in light of the survey and studies carried out under this section, from either or both of the following sources: "(1) funds authorized to be appropriated and not yet appropri- ated under section 704(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)) that are in excess of the amounts set out in the last sentence of such section 704(a); and "(2) funds programed or reprogramed from any other appropri- ation available to the Secretai^r of Transportation. Funding Notwithstanding any other provision of this subsection, no funds prohibition. from the Northeast Corridor Improvement Project and other rail or rail-related programs in excess of $29,000,000 shall be available for the completion of the rehabilitation of the historic Union Station building or other purposes determined by the Secretary of Transpor- tation to be necessary in light of the survey and studies carried out under this section if within ninety calendar days of continuous session of the Congress after any request for such excess funds either the Committee on Energy and Commerce of the House of Representa- tives or the Committee on Commerce, Science, and Transportation of the Senate disapproves of the availability of such excess funds for such purposes by majority vote. For purposes of this subsection, continuity of session of the Congress is broken only by an adjourn- ment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period described in this subsection. Development "SEC. 115. (a) In order to achieve the goals set out in section 112 of agreements. this subtitle, the Secretary of Transportation is authorized to select 40 u s e 815. and subsequently enter into one or more agreements (hereafter in this Act referred, to as 'development agreements') with one or more responsible individuals, corporations, or other private entities with demonstrated experience in the financing, undertaking, and manag- ing of commercial real estate development (hereafter in this Act referred to as 'developers'). Developer "(b) The Secretary of Transportation shadl prescribe the procedures selection. and criteria for selection of a developer for the Union Station complex: Provided, That no final developer selection shall be made unless and until at least two developers meeting minimum criteria prescribed by the Secretary of Transportation have submitted to the Secretary of Transportation specific design and financing proposals for the rehabilitation and redevelopment of the Union Station complex, and specific proposals for the acquisition, conveyance, or lease of real property. The Secretary of Transportation is directed to initiate discussions with potential developers as soon as possible following enactment of this section to assure the earliest possible selection of a developer or developers.
PUBLIC LAW 97-125—DEC. 29, 1981 95 STAT. 1671 "(c) Development agreements entered into under this section shall Development be considered cooperative agreements for purposes of the Federal agreements. Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.). With respect to such development agreements, the Secretary of Transportation is authorized to modify or waive the application of regulations otherwise applicable to Federal or Department of Trans- portation financial assistance agreements, to the extent the Secre- tary of Transportation determines in his discretion to be necessary to accomplish the purposes of this subtitle at the lowest cost to the Federal Government. "(d) The Secretary of Transportation is further authorized to enter into such other agreements and contracts, except any agreement or contract to sell property rights at the Union Station complex, with such persons, corporations, financial institutions. Federal, regional, or local agencies, or the Architect of the Capitol as the Secretary of Transportation deems necessary or desirable to carry out the pur- poses of this subtitle. Any such agreement may be made assignable to a selected developer or developers of the Union Station complex. "SEC. 116. (aXD The Secretary of Transportation is authorized to 40 use 816. acquire for the United States, by lease, purchase, or otherwise, any interest in real property (including, without limitation, interests in the nature of easements or reservations) and any other property interest (including, without limitation, contract rights) in or relating or adjacent to the Union Station complex that the Secretary of Transportation deems necessary to carry out the purposes of this subtitle. "(2) If the Secretary of Transportation determines that property under the jurisdiction of the Architect of the Capitol in squares 721 and 722 eastward of the historic Union Station building is necessary to carry out the purposes of this subtitle, the Secretary of Transporta- tion may request assignment of such property to the use of the Secretary of Transportation, as a part of the Union Station complex, and subject to the provisions of this subtitle, and the Architect of the Capitol shall so assign such property. "(b) Notwithstanding any other provision of law, the Secretary of Transportation is authorized to maintain, use, operate, manage, and lease, either directly, by contract, or through development agree- ments, any property interest held or acquired by the Secretary of Transportation for the United States under this subtitle, in such manner and subject to such terms, conditions, covenants, and ease- ments as the Secretary of Transportation deems necessary or desir- able to carry out the purposes of this subtitle. "SEC. 117. (a) The Secretary of Transportation is authorized to use 40 use 817. income and proceeds received from activities authorized by this subtitle, including, without limitation, operating and leasing income and payments made to the Federal Grovemment under development £igreements, to pay expenses incurred by the Secretary of Transporta- tion in carrying out the purposes of this subtitle, including, without limitation, construction, acquisition, leasing, operation, and mainte- nance expenses, and payments made to developers under develop- ment agreements. "(b) A special deposit accoimt is hereby established in the Treasury Union Station of the United States, to be known £is the Union Station Fund, which Fund. shall be administered as a revolving fund. Such special deposit account shall be credited with receipts of the Secretary of Transporta- tion from activities authorized by this subtitle and the balance in such special deposit account shall be available in such amounts as are 89-194 O—82 107:QL3
95 STAT. 1672 PUBLIC LAW 97-125—DEC. 29, 1981 specified in annual appropriation Acts for making expenditures authorized by this subtitle. Parking facility. "SEC. 118. (a) Notwithstanding any other provision of title 23, 40 u s e 818. United States Code, and other Acts pertaining to Federal-Aid High- ways, the Secretary of Transportation shall immediately approve the completion of the parking facility, and associated ramps (mcluding any necessary pedestrian access and walkways, escalators, elevators, moving sidewalk access, and connections) at Union Station, to be financed with interstate highway fimds apportioned to the District of Columbia. To the extent necessary to complete such prolect, such apportionment shall not be subject to any obligation limitation enacted for the fiscal year ending September 30,1982, or the fiscal year ending September 30,1983. The amount of such apportionment necessary to complete such project, not to exceed $40,000,000, shall remain available to the District of Columbia until esroended, without regard to the provisions of section 118(b) of title 23, United States Code. The Federal share shall be 100 per centum of the total cost of such project. Parking facility, "(b) Within sixty days of the enactment of this section, the agreement. Secretary of Transportation shall enter into an agreement with the District of Columbia's Department of Transportation for the Secre- tory of Transportetion's administration of the project described in subsection (a) of this section. Such project agreement shall provide that all right, title, and interest in such parking facility shall remain in the United Stetes. The rate of fees charged for use of the parking facility may exceed the rate required for maintenance and operation of the facility, and shall be established in a manner that encourages its use by rail passengers and participants in activities in the Union Station complex and area. Agreement, "SEC. 119. (a) The Secretary of Transportotion is authorized, on release. such terms and conditions as he may prescribe, to release the 40 u s e 819. Washington Terminal Company from any or all of its obligations under agreements and leases entered into under subtitle A of this title, including, without limitetion, the obligation to construct a new 40 u s e 802. railroad passenger stetion as provided in section 102(aX4) of this title. Waiver. "(b) The Secretary of Transportotion shall waive such stotutory or contractual restrictions on the use of the parking structure and Supra. associated ramps described in section 118 of this subtitle as would otherwise be required or imposed because funds for such construction were or are provided under the Urban Mass Transportotion Act of 1964, as amended (49 U.S.C. 1601 et seq.). "(c) The Secretary of Transportotion is authorized to use funds appropriated under section 704(aX2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(aX2)) to cany out the purposes of this subtitle without r^ard to the matehing mnds requirement of section 703(1XB) of such Act (45 U.S.C. 853(1XB)). Funding Funds appropriated under section 704(a) of such Act may not be used prohibition. for design, construction, or operation of a heliport at or near Union Stotion. Agreements. "(d) The Architect of the Capitol ia authorized to entor into agreements with the Secretary of Transportotion or his designee or assign to furnish steam or chilled wator or bothfiromthe Capitol Power Plant to the Union Stotion complex, at no expense to the legislative branch.". Repeals. SEC. 4. (a) The Act approved November 5,1966 (Public Law 89-759) and section 108 of the National Visitor Center Facilities Act of 1968 (Public Law 90-264) are repealed.
PUBLIC LAW 97-125—DEC. 29, 1981 95 STAT. 1673 (b) Section 102(b) of the National Visitor Center Facilities Act of 1968 (40 U.S.C. 802(b)) is amended by striking the word "title" and inserting in lieu thereof the word "subtitle". SEC. 5. As used in section 502(aXlXB) of the Rail Passenger Service ^^mtrak Commuter." Act, the term "Amtrak Commuter" shall mean, with respect to the 45 u s e 582 note. period prior to January 1,1983, "Conrail". Approved December 29, 1981. LEGISLATIVE HISTORY-S. 1192: SENATE REPORTS: No. 97-70 (Comm. on Commerce, Science, and Transportation) and No. 97-269 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 23, considered and passed Senate. Dec. 16, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.