[Senate Report 112-40]
[From the U.S. Government Publishing Office]
Calendar No. 117
112th Congress Report
SENATE
1st Session 112-40
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TO AUTHORIZE THE ADMINISTRATOR OF GENERAL SERVICES TO CONVEY A PARCEL
OF REAL PROPERTY IN TRACY, CALIFORNIA, TO THE CITY OF TRACY
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July 28, 2011.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1302]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, which
considered S. 1302 a bill to authorize the Administrator of
General Services to convey a parcel of real property in Tracy,
California, to the City of Tracy, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE OF THE LEGISLATION
S. 1302 authorizes the Administrator of General Services to
convey a parcel of real property in Tracy, California, to the
City of Tracy.
GENERAL STATEMENT AND BACKGROUND
In 1998, Congress first passed legislation to allow the
transfer of land located in Tracy, California, from the Federal
Bureau of Prisons to the City of Tracy, with a stipulation that
150 of the 200 acres could be used for educational purposes and
the other 50 acres could be used for economic development.
Congress then slightly amended the language in two subsequent
pieces of legislation by, among other things, allowing 150
acres of the property to be used for education or recreational
purposes and by allowing the City to purchase the 50 acres
designated for economic development.
When plans to use the property for youth sports fields were
abandoned due to concerns about the presence of high-pressure
underground natural gas pipelines, the City decided it wanted
to purchase the remaining 150 acres from GSA and have all
restrictions on the property removed. S. 1302 authorizes the
Administrator of GSA to convey the 150 acre parcel to the City
at a cost of not less than the appraised fair market value. The
cost of the parcel will be determined by the Administrator of
GSA pursuant to an independent appraisal, and the City will be
responsible for reimbursing the Administrator for any costs
associated with conveyance, including the appraisal and survey.
As part of the transfer, GSA will convey any reversionary
interest retained by the United States in the parcel, and all
other terms, conditions, reservations, and restrictions
imposed.
This legislation will allow the City of Tracy to develop
what is otherwise an unused piece of land and create jobs.
SECTION-BY-SECTION ANALYSIS
Section 1. Conveyance of Parcel, Tracy, California
Subsection (a) contains definitions for terms used in the
bill.
Subsection (b) sets the terms of the conveyance including
the release of any revisionary interest retained by the United
States in the parcel, as well as all other terms, conditions,
reservations, and restrictions imposed. This subsection also
states that the exact acreage and legal description of the
property shall be determined by a survey that is satisfactory
to the Administrator.
Subsection (c) establishes the purchase price at not less
than the fair market value based on its highest and best use as
determined by the Administrator pursuant to an independent
appraisal.
Subsection (d) states that the City shall be responsible
for reimbursing the Administrator for costs associated with
implementing this section.
Subsection (e) directs that the purchase price be paid into
the Federal Buildings Fund established under 40 U.S.C. Sec. 592
and that the funds shall be available to the Administrator in
amounts specified in appropriations Acts.
Subsection (f) states that the Administrator may establish
additional terms and conditions in connection with the
conveyance.
Subsection (g) states that nothing in this Act, or any
amendment made by this Act, affects or limits the application
of or obligation to comply with any environmental law,
including section 120(h) of CERCLA.
LEGISLATIVE HISTORY
Senator Boxer introduced S. 1302, a bill to authorize the
Administrator of General Services to convey a parcel of real
property in Tracy, California, to the City of Tracy, on June
29, 2011. The bill was referred to the Senate Committee on
Environment and Public Works. On July 13, 2011, the Committee
on Environment and Public Works met to consider S. 1302 and
ordered the bill to be favorably reported without amendment. A
companion bill was introduced in the House of Representatives
on July 6, 2011 by Representative McNerney (D-CA-11).
HEARINGS
There were no hearings held on this bill.
ROLLCALL VOTES
On July 13, 2011, the Committee on Environment and Public
Works met and considered S. 1302. A quorum of the Committee
being present, S. 1302 was reported favorably without amendment
by a voice vote. There were no rollcall votes taken in
Committee on this bill.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill. The Committee finds
that this legislation, to authorize the conveyance of real
property, does not have substantial regulatory impacts.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act (UMRA)
of 1995 (Public Law 104-4), the Committee finds that this
legislation does not impose intergovernmental mandates or
private sector mandates as those terms are defined in UMRA. The
Congressional Budget Office concurs, finding that S. 1302
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
July 22, 2011.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1302, a bill to
authorize the Administrator of the General Services to convey a
parcel of real property in Tracy, California, to the city of
Tracy.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1302--A bill to authorize the Administrator of the General Services
to convey a parcel of real property in Tracy, California, to
the city of Tracy
S. 1302 would direct the General Services Administration
(GSA) to sell about 150 acres of undeveloped land in Tracy,
California. The legislation would require the city to pay GSA
the fair market value of the land's highest and best use as
determined by GSA. Proceeds from the sale would be deposited in
the Federal Building Fund and available to GSA, subject to
future appropriation.
According to information from GSA and the city of Tracy,
the 150 acres described in S. 1302 is part of a 200-acre
conveyance made from the federal government to the city in
1998. The 1998 conveyance required that the parcel be used for
recreational or educational purposes. In 2007, the city
concluded that recreational uses for the property were not
viable and would like to enter into an agreement with an energy
company to install solar power equipment on the site.
CBO estimates that enacting this legislation would have no
significant net impact on the federal budget because we expect
that the conveyance will happen in the absence of this
legislation within the next 10 years. Enacting S. 1302 could
affect direct spending; therefore, pay-as-you-go procedures
apply to the legislation, but CBO estimates that the net
effects would not be significant over the 2012-2021 period.
Enacting S. 1302 would not affect revenues.
Under current law, GSA is authorized to sell properties
that the agency has conveyed to nonfederal entities. Enacting
S. 1302 may change the timing of the sale of the 150 acres to
the city, but not the amount of proceeds the government will
receive.
S. 1302 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.