(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 Deadline. 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 subparagraph (A)(ii) if, after notification of the violation, the District 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 consistent 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 paragraph (3), the District of Columbia shall bear the cost of removing structures on, or rehabilitating, the property transferred. Deadline. Applicability. 110 Stat. 1321133. (6) ADMINISTRATION OF PROPERTY.—If the transfer under subsection (a)(1) is terminated under paragraph (3), the property covered by the transfer shall be returned to the NPS and administered as a unit of the National Park System in the District of Columbia in accordance with (A) the Act of August 25, 1916 (commonly known as the "National Park Service Organic Act") (16 U.S.C. 1 et seq.); and (B) other laws (including regulations) generally applicable to units of the National Park System. SEC. 345. The project for the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, initiated under section 1135 of Public Law 99-662, is authorized at a total cost of $9,100,000 with a Federal cost of $6,825,000 and a non-Federal cost of $2,275,000. SEC. 346. BIENNIAL EVALUATION OF CHARTER SCHOOL AUTHORIZING BOARDS. (a) Biennial management evaluation of the District of Columbia Chartering Authorities for the District of Columbia Public Charter Schools shall be conducted by the Comptroller General of the United States. (b) Evaluation shall include the following: (1) Establish standards to assess each authorizer's procedures and oversight quality. (2) Identify gaps in oversight and recommendations. (3) Review processes of charter school applications. (4) Extent of ongoing monitoring, technical assistance, and sanctions provided to schools. (5) Compliance with annual reporting requirements. (6) Actual budget expenditures for the preceding 2 fiscal years. (7) Comparison of budget expenditures with mandated responsibilities. (8) Alignment with best practices. (9) Quality and timeliness of meeting section 2211(d) of the School Reform Act of 1995 (D.C. Code 38-1802.11(d)), as amended. (c) INITIAL INTERIM REPORT TO CONGRESS.-The Government Accountability Office shall submit to the Committees on Appropriations of the House of Representatives and Senate, no later than May 1, 2005, a baseline report on the performance of each authorizer in meeting the requirements of the School Reform Act of 1995. (d) Hereafter section 2214(f) of Public Law 104-143 (D.C. Code 38-1802.14(f)), shall apply to the District of Columbia Board of Education Charter Schools Office. SEC. 347. CLARIFYING OPERATIONS OF PUBLIC CHARTER SCHOOL BOARD. Section 2214 of the School Reform Act of 1995 (Public Law 104-134; D.C. Code 38–1802.14), is amended— (1) by striking subsection (f) and inserting the following: “(f) AUDIT.—The Board shall maintain its accounts according to Generally Accepted Accounting Principles for Not-for-Profit Organizations. The Board shall provide for an audit of the financial statements of the Board by an independent certified public accountant in accordance with Government auditing standards for financial audits issued by the Comptroller General of the United States. The findings and recommendations of any such audit shall be forwarded to the Mayor, the District of Columbia Council, the appropriate congressional committees, and the Office of the Chief Financial Officer."; and (2) adding at the end the following: "(h) CONTRACTING AND PROCUREMENT.-The Board shall have the authority to solicit, award, and execute contracts independently of the Office of Contracting and Procurement and the Chief Procurement Officer. Nothing in chapter 3 of title 2 of the District of Columbia Code shall affect the authority of the Board under this subsection.". This Act may be cited as the "District of Columbia Appropriations Act, 2005". Approved October 18, 2004. LEGISLATIVE HISTORY-H.R. 4850 (S. 2826): HOUSE REPORTS: Nos. 108-610 (Comm. on Appropriations) and 108-734 (Comm. of Conference). SENATE REPORTS: No. 108-354 accompanying S. 2826 (Comm. on Appropria tions). CONGRESSIONAL RECORD, Vol. 150 (2004): July 20, considered and passed House. Sept. 22, considered and passed Senate, amended, in lieu of S. 2826. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004): Oct. 18, Presidential statement. Oct. 18, 2004 [S. 551] Southern Ute and Colorado Inter governmental Public Law 108-336 108th Congress An Act To provide for the implementation of air quality programs developed in accordance Be it enacted by the Senate and House of Representatives of SECTION 1. SHORT TITLE. This Act may be cited as the "Southern Ute and Colorado SEC. 2. FINDINGS AND PURPOSE. (a) FINDINGS.-Congress, after review and in recognition of the purposes and uniqueness of the Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado, finds that (1) the Intergovernmental Agreement is consistent with the special legal relationship between Federal Government and the Tribe; and (2) air quality programs developed in accordance with the Intergovernmental Agreement and submitted by the Tribe for approval by the Administrator may be implemented in a manner that is consistent with the Clean Air Act (42 U.S.C. 7401 et seq.). (b) PURPOSE. The purpose of this Act is to provide for the implementation and enforcement of air quality control programs under the Clean Air Act (42 U.S.C. 7401 et seq.) and other air quality programs developed in accordance with the Intergovernmental Agreement that provide for— (1) the regulation of air quality within the exterior boundaries of the Reservation; and (2) the establishment of a Southern Ute Indian Tribe/State of Colorado Environmental Commission. SEC. 3. DEFINITIONS. In this Act: (1) ADMINISTRATOR.-The term "Administrator" means the Administrator of the Environmental Protection Agency. the (2) COMMISSION.-The term "Commission" means Southern Ute Indian Tribe/State of Colorado Environmental Commission established by the State and the Tribe in accordance with the Intergovernmental Agreement. (3) INTERGOVERNMENTAL AGREEMENT.-The term "Intergovernmental Agreement" means the agreement entered into by the Tribe and the State on December 13, 1999. (4) RESERVATION.-The term "Reservation" means the Southern Ute Indian Reservation. (5) STATE.-The term "State" means the State of Colorado. (6) TRIBE.-The term "Tribe" means the Southern Ute Indian Tribe. SEC. 4. TRIBAL AUTHORITY. (a) AIR PROGRAM APPLICATIONS. (1) IN GENERAL.-The Administrator is authorized to treat the Tribe as a State for the purpose of any air program applications submitted to the Administrator by the Tribe under section 301(d) of the Clean Air Act (42 U.S.Č. 7601(d)) to carry out, in a manner consistent with the Clean Air Act (42 U.S.C. 7401 et seq.), the Intergovernmental Agreement. (2) APPLICABILITY.-If the Administrator approves an air program application of the Tribe, the approved program shall be applicable to all air resources within the exterior boundaries of the Reservation. (b) TERMINATION.-If the Tribe or the State terminates the Intergovernmental Agreement, the Administrator shall promptly take appropriate administrative action to withdraw treatment of the Tribe as a State for the purpose described in subsection (a)(1). SEC. 5. CIVIL ENFORCEMENT. (a) IN GENERAL.-If any person fails to comply with a final civil order of the Tribe or the Commission made in accordance with the Clean Air Act (42 U.S.C. 7401 et seq.) or any other air quality program established under the Intergovernmental Agreement, the Tribe or the Commission, as appropriate, may bring a civil action for declaratory or injunctive relief, or for other orders in aid of enforcement, in the United States District Court for the District of Colorado. (b) NO EFFECT ON RIGHTS OR AUTHORITY.-Nothing in this Act alters, amends, or modifies any right or authority of any person (as defined in section 302(e) of the Clean Air Act (42 U.S.C. 7601(e)) to bring a civil action under section 304 of the Clean Air Act (42 U.S.C. 7603). SEC. 6. JUDICIAL REVIEW. Any decision by the Commission that would be subject to appellate review if it were made by the Administrator— (1) shall be subject to appellate review by the United States Court of Appeals for the Tenth Circuit; and (2) may be reviewed by the Court of Appeals applying the same standard that would be applicable to a decision of the Administrator. SEC. 7. DISCLAIMER. Nothing in this Act (1) modifies any provision of (A) the Clean Air Act (42 U.S.C. 7401 et seq.); (B) Public Law 98-290 (25 U.S.C. 668 note); or (C) any lawful administrative rule promulgated in accordance with those statutes; or |