[Senate Report 113-289]
[From the U.S. Government Publishing Office]
Calendar No. 629
113th Congress Report
SENATE
2d Session 113-289
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ANCHORAGE LAND CONVEYANCE ACT
_______
December 10, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 182]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 182) to provide for the unencumbering of
title to non-Federal land owned by the city of Anchorage,
Alaska, for the purposes of economic development by conveyance
of the Federal reversion interest to the City, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anchorage Land Conveyance Act of
2014''.
SEC. 2. CONVEYANCE OF FEDERAL REVERSIONARY INTEREST IN LAND LOCATED IN
ANCHORAGE, ALASKA.
(a) Definitions.--In this section:
(1) Municipality.--The term ``Municipality'' means the
municipality of Anchorage, Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Conveyance Required.--If, during the 1-year period beginning on
the date of completion of the appraisal required by subsection (d), the
Municipality submits to the Secretary an offer to acquire the Federal
reversionary interest in all land described in subsection (c), the
Secretary shall convey to the Municipality that reversionary interest
by not later than 30 days after the date of receipt of the offer.
(c) Description of Land.--The land referred to in subsection (b) is
described as follows:
(1) Block 42, Original Townsite of Anchorage, Anchorage
Recording District, Third Judicial District, State of Alaska,
consisting of approximately 1.93 acres, commonly known as ``The
Egan Center'', ``Petrovich Park'', and ``Old City Hall''.
(2) Lots 9, 10, and 11, Block 66, Original Townsite of
Anchorage, Anchorage Recording District, Third Judicial
District, State of Alaska, consisting of approximately 0.48
acres, commonly known as ``the parking lot at 7th Avenue and I
Street''.
(3) Lot 13, Block 15, Original Townsite of Anchorage,
Anchorage Recording District, Third Judicial District, State of
Alaska, consisting of approximately 0.24 acres of an unimproved
vacant lot located at H Street and Christensen Drive.
(d) Appraisal.--
(1) In general.--Subject to paragraph (2), not later than 180
days after the date on which the Secretary selects an appraiser
that is mutually acceptable to the Secretary and the
Municipality under paragraph (2)(A), the Secretary shall
complete an appraisal of the Federal reversionary interest in
the land described in subsection (c).
(2) Requirements.--The appraisal under paragraph (1) shall
be--
(A) conducted by an appraiser that is mutually
acceptable to the Secretary and the Municipality; and
(B) completed in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and
the Uniform Standards of Professional Appraisal
Practice.
(e) Consideration.--
(1) In general.--As consideration for conveyance of the
Federal reversionary interest under subsection (b), the
Municipality shall pay to the Secretary an amount equal to the
appraised value of the Federal reversionary interest, as
determined by the appraisal under subsection (d).
(2) Deadline.--The consideration under paragraph (1) shall be
paid not later than 30 days after the date of the conveyance.
(f) Costs of Conveyance.--As a condition of the conveyance of the
Federal reversionary interest under subsection (b), all costs
associated with the conveyance, including the cost of the appraisal
required by subsection (d), shall be paid by the Municipality.
PURPOSE
The purpose of S. 182 is to remove reversionary interests
on three parcels of land that were originally conveyed by the
Federal Government to the city of Anchorage, Alaska, to allow
the City to use the parcels for purposes of economic.
BACKGROUND AND NEED
Between 1922 and 1982, the Bureau of Land Management issued
title for three parcels of land to the City of Anchorage, with
a requirement that the lands be used only for public purposes.
The transfers were done using various administrative
authorities and also legislative authority from Congress. Each
of the deeds transferring title to the City of Anchorage
included a reversionary clause providing that the lands would
revert to the United States if they were not used for public
purposes.
The parcels, all in downtown Anchorage, range in size from
a quarter-acre to just under two acres, cumulatively totaling
2.65 acres. The parcels are currently used for a variety of
public purposes such as the original City Hall, a public park,
and a city parking facility.
The City of Anchorage believes that after decades of
dedicated public use of these properties, the requirement that
they be used for public purposes has been fulfilled. For
example, one of the parcels is the 1.93-acre site in downtown
Anchorage that since the early 1980s has been the site of the
William A. Egan Convention Center. With the completion of the
Dena'ina Civic and Convention Center in 2010, the tract is now
surplus to municipal needs.
The City of Anchorage is interested in the economic
development of these parcels of lands and would like to be able
to sell them commercially, which is prohibited by the
reversionary interests included in the legislative and
administrative conveyances.
LEGISLATIVE HISTORY
Senators Murkowski and Begich introduced S. 182 on January
30, 2013. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on November 20, 2013 (S. Hrg. 113-342). At its
business meeting on November 20, 2014, the committee ordered
the bill favorably reported with an amendment in the nature of
a substitute.
Similar legislation, H.R. 585, was introduced by
Representative Don Young on February 6, 2013. The House
Subcommittee on Public Lands and Environmental Regulation held
a hearing on H.R. 585 on June 6, 2013. In the 112th Congress, a
similar bill, S. 3633, was introduced by Senators Murkowski and
Begich on November 15, 2013.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 13, 2014, by a voice vote of
a quorum present, recommended that the Senate pass S. 182, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 182, the Committee adopted
an amendment in the nature of a substitute containing technical
changes to the bill.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, ``Anchorage Land
Conveyance Act of 2013.''
Section 2(a) defines key terms.
Subsection (b) directs the Secretary of the Interior to
convey the reversionary interests of the United States in the
identified three parcels of land to the City of Anchorage.
Subsection (c) describes the parcels.
Subsection (d) requires the Secretary to complete an
appraisal of the reversionary interest.
Subsection (e) requires the City of Anchorage to pay to the
Secretary the appraised value of the reversionary interest.
Subsection (f) requires the City to pay all costs
associated with the conveyance.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 182.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 353, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 182, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by Steven A. Ellis, Acting Deputy
Director for the Bureau of Land Management at the November 30,
2013, Subcommittee on Public Lands, Forests, and Mining hearing
on S. 182 follows:
Statement of Steven A. Ellis, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for inviting the Department of the Interior to
testify on S. 182, the Anchorage Land Conveyance Act. The bill
provides for the conveyance of the Federal government's
reversionary interest in three parcels of land in downtown
Anchorage, Alaska. The Bureau of Land Management (BLM) can
support S. 182 if amended to ensure the payment of fair market
value for the conveyance of reversionary interest in these
parcels to the City of Anchorage, consistent with previous
legislative proposals.
background
The BLM regularly transfers lands to local governments and
nonprofits for a variety of public purposes. These are
typically accomplished under the provisions of the Recreation
and Public Purposes Act (R&PP) or through direction supplied
through Acts of Congress. The R&PP Act is an extremely popular
vehicle utilized by the BLM to help states, local communities,
and nonprofit organizations obtain at no or low cost lands for
important public purposes. Examples include parks, schools,
hospitals and other health facilities, fire and law enforcement
facilities, courthouses, social services facilities and public
works. Because these lands are transferred at far below market
value, R&PP conveyances and many legislated conveyances include
a reversionary clause requiring that lands be used for public
purposes or revert to the Federal government. Over the years,
the BLM has addressed many requests to release the Federal
government's reversionary interest in such lands and has
consistently required the payment of fair market value for the
reversionary interest.
Between 1922 and 1982, the BLM issued title for three
parcels of land to the City of Anchorage for public purposes.
These were done under various authorities both administrative
and legislatively directed by Congress. Each of the deeds
transferring title to the City of Anchorage included a
reversionary clause. At the present time, the parcels are used
for a variety of purposes including the original City Hall, a
small public park, a city parking facility and other
governmental purposes.
It is our understanding that the City of Anchorage is
interested in the economic development potential of each of
these parcels of land and would like to be able to sell them
commercially, something that is prohibited by the
administrative and legislative mandates that transferred the
lands to Anchorage. The parcels, all in downtown Anchorage,
range in size from a quarter-acre to just under two acres.
s. 182
S. 182 would convey the remaining reversionary interest of
the United States in these three parcels of land identified in
the bill to the City of Anchorage at no cost and requires that
Anchorage pay all costs associated with the conveyance.
The BLM supports the goal of conveying the reversionary
interest on these parcels to the City of Anchorage. As with
previous such proposals, we recommend amending the legislation
to ensure the payment of fair market value for the reversionary
interest and to ensure that the city's acceptance of the
reversionary interest is voluntary. The value of the
reversionary interest would be established through an appraisal
by the Department of the Interior's Office of Valuation
Services. Upon receiving that appraisal, the city could make a
decision on purchasing the reversionary interest on any or all
of the parcels, thus owning the land outright. All costs
associated with this conveyance, including the appraisal, would
be the responsibility of the City of Anchorage.
We note that Section 3(a) contains a broad waiver
provision, which may be unnecessary. We would like to work with
the sponsor and the committee to ensure that any barriers to
completion of the transfer are addressed.
conclusion
Thank you for the opportunity to testify. We look forward
to working with the sponsor and the Committee to address the
needs of the City of Anchorage.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 182, as ordered
reported.