[House Report 113-407]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-407
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TO DIRECT THE ADMINISTRATOR OF GENERAL SERVICES, ON BEHALF OF THE
ARCHIVIST OF THE UNITED STATES, TO CONVEY CERTAIN FEDERAL PROPERTY
LOCATED IN THE STATE OF ALASKA TO THE MUNICIPALITY OF ANCHORAGE, ALASKA
_______
April 9, 2014.--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. 3786]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3786) to direct the Administrator
of General Services, on behalf of the Archivist of the United
States, to convey certain Federal property located in the State
of Alaska to the Municipality of Anchorage, Alaska, 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............................................. 5
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, as Amended........... 6
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. REAL PROPERTY CONVEYANCE.
(a) In General.--As soon as practicable after the date of the
enactment of this Act and after completion of the survey and appraisal
described in this section, the Administrator of General Services, on
behalf of the Archivist of the United States, shall convey to the City
by quitclaim deed for the consideration described in subsection (c),
all right, title, and interest of the United States in and to a parcel
of real property described in subsection (b).
(b) Legal Description of Property.--
(1) In general.--The parcel to be conveyed under subsection
(a) consists of approximately 9 acres and improvements located
at 400 East Fortieth Street in the City that is administered by
the National Archives and Records Administration.
(2) Survey required.--As soon as practicable after the date
of the enactment of this Act, the exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey, paid for by the
City, that is satisfactory to the Archivist.
(c) Terms and Conditions.--
(1) Consideration.--
(A) In general.--As consideration for the conveyance
of the property under subsection (a), the City shall
pay to the Archivist an amount not less than the fair
market value of the conveyed property, to be determined
as provided in subparagraph (B).
(B) Appraisal.--The fair market value of the property
to be conveyed under subsection (a) shall be determined
based on an appraisal that--
(i) is conducted by a licensed, independent
appraiser that is approved by the Archivist and
the City;
(ii) is based on the highest and best use of
the property;
(iii) is approved by the Archivist; and
(iv) is paid for by the City.
(2) Pre-conveyance entry.--The Archivist, on terms and
conditions the Archivist determines to be appropriate, may
authorize the City to enter the property at no charge for pre-
construction and construction activities.
(3) Additional terms and conditions.--The Archivist may
require additional terms and conditions in connection with the
conveyance under subsection (a) as the Archivist considers
appropriate to protect the interests of the United States.
(d) Proceeds.--Subject to appropriations Acts, the net proceeds from
the conveyance of property under subsection (a) shall be available to
the Archivist for activities funded in annual appropriations Acts under
the heading ``National Archives and Records Administration--Repairs and
Restorations''.
(e) City Defined.--In this section, the term ``City'' means the
Municipality of Anchorage, Alaska.
PURPOSE OF LEGISLATION
H.R. 3786, as amended, directs the Administrator of General
Services, on behalf of the Archivist of the United States, to
convey certain federal property located in the State of Alaska
to the Municipality of Anchorage, Alaska.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3786, as amended, authorizes the General Services
Administration (GSA) to transfer ownership of nine acres of
land located at 400 East Fortieth Street in Anchorage, Alaska
that are administered by the National Archives and Records
Administration to the City of Anchorage. The National Archives
has no need for the property. Sale of this property would be
consistent with the National Archives' efforts to reduce its
space footprint and associated costs.
H.R. 3786, as amended, requires the property be sold at
fair market value at highest and best use based on an appraisal
approved by the Archivist and paid for by the City of
Anchorage. Net proceeds could be retained by the Archivist,
subject to appropriations, for repairs and restorations of
other Archives facilities.
HEARINGS
No hearings were held on H.R. 3786.
LEGISLATIVE HISTORY AND CONSIDERATION
On December 16, 2013, Representative Don Young (R-AK)
introduced H.R. 3786, a bill to direct the Administrator of
General Services, on behalf of the Archivist of the United
States, to convey certain federal property located in the State
of Alaska to the Municipality of Anchorage, Alaska.
On March 13, 2014, the Committee on Transportation and
Infrastructure met in open session. The Committee considered
one amendment offered by Representative Lou Barletta (R-PA).
The amendment was adopted by voice vote. The Committee ordered
H.R. 3786, as amended, reported favorably to the House by voice
vote with a quorum present.
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 record votes taken in connection
with consideration of H.R. 3786, as amended, or ordering the
measure reported. A motion to order H.R. 3786, 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. 3786, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 26, 2014.
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. 3786, a bill to
direct the Administrator of the General Services, on behalf of
the Archivist of the United States, to convey certain federal
property located in the state of Alaska to the Municipality of
Anchorage, Alaska.
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.
H.R. 3786--A bill to direct the Administrator of the General Services,
on behalf of the Archivist of the United States, to convey
certain federal property located in the state of Alaska to the
Municipality of Anchorage, Alaska
H.R. 3786 would authorize the General Services
Administration, on behalf of the National Archives and Records
Administration (NARA) to sell certain property in Anchorage,
Alaska, for fair market value. Proceeds from the sale would be
available to be spent by NARA, subject to future appropriation.
CBO estimates that enacting this legislation would have no
significant effect on the federal budget because we expect that
the conveyance of this property will occur under current law.
Based on information from NARA, we expect that the property
will be sold over the next ten years because the agency has
recently announced plans to close its operating facilities in
Alaska. Because this legislation would accelerate the process
of selling the property, the collection of sale proceeds (which
are offsetting receipts, an offset to direct spending) also
would be accelerated. Therefore, pay-as-you-go procedures
apply. However, CBO estimates the effect on offsetting receipts
over the 2014-2024 period would be negligible. Enacting the
bill would not affect revenues.
H.R. 3786 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.
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 goal and objective of this legislation, as amended,
is to direct the Administrator of General Services, on behalf
of the Archivist of the United States, to convey certain
federal property located in the State of Alaska to the
Municipality of Anchorage, Alaska.
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, as amended, 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(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R. 3786, 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(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that enacting H.R. 3786, as amended,
does not specifically direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
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. 3786, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No 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, AS AMENDED
Section 1. Real property conveyance
Section 1(a) directs the Administrator of General Services,
on behalf of the Archivist of the United States, to convey to
the city of Anchorage by quitclaim deed all right, title, and
interest of the United States in the property described in
subsection (b).
Section 1(b) describes the property to be conveyed as nine
acres, including improvements located at 400 East Fortieth
Street in Anchorage and requires the city to pay for a survey
to determine the exact acreage and legal description and the
survey must be satisfactory to the Archivist.
Section 1(c) requires the city to pay the Archivist an
amount not less than the fair market value based on an
appraisal of highest and best use paid for by the city and
approved by the Archivist. This subsection also authorizes the
Archivist to allow the city of Anchorage to enter the property
for pre-construction and construction activities and allows the
Archivist to require additional terms and conditions on the
conveyance as the Archivist considers appropriate to protect
the interests of the United States.
Section 1(d) directs that the net proceeds from the
conveyance be available to the Archivist for activities funded
in annual appropriations Acts under the heading ``National
Archives and Records Administration--Repairs and
Restorations,'' subject to appropriations.
Section 1(e) defines the ``City'' as the ``Municipality of
Anchorage, Alaska''.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3786, as amended, makes no changes in existing law.