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Public Law 107–223
107th Congress

An Act Aug. 21, 2002 To authorize the Secretary of the Interior to issue right-of-way permits for natural [H.R. 3380] gas pipelines within the boundary of Great Smoky Mountains National Park.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, 16 USC 403 note. SECTION 1. PERMITS FOR EXISTING NATURAL GAS PIPELINES.

(a) IN GENERAL.—The Secretary of the Interior may issue rightof-way permits for natural gas pipelines that exist as of September 1, 2001, within the boundary of Great Smoky Mountains National Park.

(b) TERMS AND CONDITIONS.—A permit issued under subsection (a) shall be

(1) issued consistent with laws and regulations generally applicable to utility rights-of-way within units of the National Park System; and

(2) subject to any terms and conditions that the Secretary

deems necessary. 16 USC 403 note. SEC. 2. PERMITS FOR PROPOSED NATURAL GAS PIPELINES.

(a) IN GENERAL.- The Secretary of the Interior may issue rightof-way permits for natural gas pipelines within the boundary of Great Smoky Mountains National Park that are proposed to be constructed across the following:

(1) The Foothills Parkway.

(2) The Foothills Parkway Spur between Pigeon Forge and Gatlinburg.

(3) The Gatlinburg Bypass. (b) TERMS AND CONDITIONS.-A permit issued under subsection (a) shall be

(1) issued consistent with laws and regulations generally applicable to utility rights-of-way within units of the National Park System; and

(2) subject to any terms and conditions that the Secretary deems necessary, including

(A) provisions for the protection and restoration of park resources that are disturbed by pipeline construction; and

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(B) assurances that construction and operation of the pipeline will not adversely affect Great Smoky Mountains National Park.

Approved August 21, 2002.

LEGISLATIVE HISTORY-H.R. 3380 (S. 1097):
HOUSE REPORTS: No. 107–491 (Comm. on Resources).
SENATE REPORTS: No. 107–72 accompanying S. 1097 (Comm. on Energy and Nat-

ural Resources). CONGRESSIONAL RECORD, Vol. 148 (2002):

July 8, considered and passed House.
Aug. 1, considered and passed Senate.

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Public Law 107–224
107th Congress

Sept. 18, 2002

[H.R. 5012]

John F. Kennedy
Center Plaza
Authorization
Act of 2002.
District of
Columbia.
20 USC 76h note.

20 USC 76r, 76s.

20 USC 76q-1.

To amend the John F. Kennedy Center Act to authorize the Secretary of Transpor

tation 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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. 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) by redesignating sections 12 and 13 as sections 13 and 14, respectively; and

(2) by inserting after section 11 the following: “SEC. 12. 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 nontransportation 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. "(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

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Deadline.

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) 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 1–66.—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

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