[House Report 114-466]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-466
======================================================================
BAUDETTE COAST GUARD HOUSING CONVEYANCE ACT
_______
March 23, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3030]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3030) to direct the Commandant of
the Coast Guard to convey certain property from the United
States to the City of Baudette, Minnesota, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 4
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
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 ``Baudette Coast Guard Housing
Conveyance Act''.
SEC. 2. CONVEYANCE OF CERTAIN PROPERTIES IN THE CITY OF BAUDETTE,
MINNESOTA.
(a) Conveyance Authorized.--The Commandant of the Coast Guard shall
convey to the city of Baudette, Minnesota, all right, title, and
interest of the United States in and to the covered property, upon
payment to the United States of the fair market value of the covered
property.
(b) Survey.--The exact acreage and legal description of the covered
property shall be determined by a survey satisfactory to the
Commandant.
(c) Fair Market Value.--The fair market value of the covered property
shall be--
(1) determined by a real estate appraiser--
(A) selected by the city of Baudette, Minnesota; and
(B) licensed to practice in Minnesota; and
(2) subject to the approval of the Commandant, who, in making
such approval, shall consider the requirements under subsection
(g).
(d) Costs of Conveyance.--The responsibility for all reasonable and
necessary costs, including real estate transaction and environmental
documentation costs, associated with a conveyance under this section
shall be determined by the Commandant and the city of Baudette,
Minnesota.
(e) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with a conveyance under
this section as the Commandant considers appropriate and reasonable to
protect the interests of the United States.
(f) Deposit of Proceeds.--Any proceeds received by the United States
from a conveyance under this section shall be deposited in the Coast
Guard Housing Fund established under section 687 of title 14, United
States Code.
(g) Condition on Use.--As a condition of any conveyance under this
section, the Commandant shall require that all right, title, and
interest in and to the covered property shall revert to the United
States if the covered property or any part thereof ceases to be used
for--
(1) affordable housing or a purpose related to affordable
housing (as defined by the city of Baudette, Minnesota, and the
Commandant at the time of conveyance); or
(2) infrastructure that provides a public benefit approved by
the city of Baudette, Minnesota.
(h) Covered Property Defined.--In this section, the term ``covered
property'' means the Federal lands (including all buildings,
structures, utilities, and miscellaneous facilities on the lands) that
are under the administrative control of the Coast Guard and located at
the following addresses:
(1) 416 Hamilton E #7 Baudette, MN 56623.
(2) 414 Hamilton E #6 Baudette, MN 56623.
(3) 412 Hamilton E #5 Baudette, MN 56623.
(4) 410 Hamilton E #4 Baudette, MN 56623.
(i) Expiration.--The authority to convey the covered property under
this section shall expire on the date that is 4 years after the date of
enactment of this Act.
(j) Rule of Construction.--Nothing in this section may be construed
to affect or limit the application of or obligation to comply with any
Federal environmental requirement, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
PURPOSE OF LEGISLATION
H.R. 3030, the Baudette Coast Guard Housing Conveyance Act,
as amended, directs the Commandant of the of the Coast Guard to
convey certain property from the United States to the City of
Baudette, Minnesota at fair market value for use as affordable
public housing or as infrastructure that serves as a public
benefit to the City of Baudette, Minnesota.
BACKGROUND AND NEED FOR LEGISLATION
On April 24, 1953 Clark Dodds Lumber Company, a Minnesota
Corporation existing under the laws of the State of Minnesota,
sold the Baudette housing properties to the United States of
America for $3,000.00. The property was under the custody and
control of the Air Force. On August 24, 1981, the Air Force
transferred custody and control of the property to the Coast
Guard.
In accordance with the Coast Guard Authorization Act of
2010, the Coast Guard is in the process of divesting property,
deemed excess to housing mission requirements, in Baudette,
Minnesota for fair market value. The Coast Guard received the
property through a transfer from the Air Force in 1981. The
property in 1981 consisted of eight family housing units on
2.48 acres. The property being divested by the Coast Guard
includes four properties including all buildings, structures,
utilities, and miscellaneous facilities on the land.
HEARINGS
No hearings were held on H.R. 3030
LEGISLATIVE HISTORY AND CONSIDERATION
On July 10, 2015, Representative Collin Peterson (D-MN)
introduced H.R. 3030, Baudette Coast Guard Housing Conveyance
Act.
On March 1, 2016, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 3030, and
ordered the bill, as amended, reported favorably to the House
of Representatives by voice vote with a quorum present.
Representative Rick Nolan (D-MN) offered an amendment in
the nature of a substitute that kept the intent of the
underlying bill, but modified the text to conform to the format
used by the Committee for land conveyance bills the Committee
has supported.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 3030. A motion to order H.R. 3030,
as amended, reported favorably to the House was agreed to by
voice vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 3030, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 15, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3030, the Baudette
Coast Guard Housing Conveyance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Robert A. Sunshine
(For Keith Hall, Director).
Enclosure.
H.R. 3030--Baudette Coast Guard Housing Conveyance Act
H.R. 3030 would require the United States Coast Guard
(USCG) to sell four properties to the city of Baudette,
Minnesota, for their fair market value and would impose
conditions on the use of those properties. According to the
USCG, the homes affected by the legislation are currently
vacant, do not generate any rental income for the agency, and
have a total appraised value of $271,000. H.R. 3030 would
require the purchaser of the properties to use them for
affordable housing to benefit the city. CBO expects that those
restrictions would reduce the fair market value of the
properties.
Because enacting H.R. 3030 could reduce direct spending by
increasing receipts to the government, pay-as-you-go procedures
apply. However, CBO estimates that the proceeds from the sale
would be insignificant. Enacting the bill would not affect
revenues.
CBO estimates that enacting H.R. 3030 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 3030 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the city of Baudette. Any costs incurred by the
city would be voluntary.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize the Coast Guard to convey excess property to be used
for affordable public housing or as infrastructure that
benefits the City of Baudette, Minnesota.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 3030, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 3030, as amended, directs no
rule makings.
FEDERAL MANDATE STATEMENT
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3030, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No new advisory committees within the meaning of section
5(b) of the Federal Advisory Committee Act are created by this
legislation, as amended.
APPLICABILITY OF LEGISLATIVE BRANCH
The Committee finds that the legislation, as amended, does
not relate to the terms and conditions of employment or access
to public services or accommodations within the meaning of
section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1. Short title
Section 1 provides that the short title of this Act is to
be cited as the ``Baudette Coast Guard Housing Conveyance
Act''.
Section 2. Conveyance of certain properties in the City of Baudette,
Minnesota
Section 2(a) authorizes the Commandant to convey to the
City of Baudette, Minnesota all right, title, and interest of
the United States in the property described in subsection (c)
for fair market value as determined by the City of Baudette,
Minnesota and approved by the Commandant.
Section 2(b) establishes the conditions for conveyance so
that the covered property will be used as affordable housing or
for infrastructure that provides a public benefit to the City.
Section 2(c) defines the covered property to be conveyed.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3030 makes no changes in existing law.
[all]