[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2144 Reported in Senate (RS)]
Calendar No. 496
103d CONGRESS
2d Session
H. R. 2144
[Report No. 103-293]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1 (legislative day, January 25), 1994
Received; read twice and referred to the Committee on Energy and
Natural Resources
June 24 (legislative day, June 7), 1994
Reported by Mr. Johnston, without amendment
_______________________________________________________________________
AN ACT
To provide for the transfer of excess land to the Government of Guam,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam Excess Lands Act''.
SEC. 2. TRANSFER.
(a) In General.--The Administrator of General Services shall,
subject to section 3, transfer all right, title, and interest of the
United States in and to the parcels of land described in subsection (b)
(together with any improvements thereon) to the Government of Guam for
public benefit use, by quitclaim deed and without reimbursement. Such
transfers shall take place after a determination by the head of the
Federal agency controlling a parcel that the parcel is excess to the
needs of such agency.
(b) Description of Parcels To Be Transferred.--Unless a parcel of
land described in this subsection has been disposed of under other
authority on or before the date of the enactment of this Act or is
transferred for further Federal utilization as a result of the
screening required by section 3(a), the parcels of land required to be
transferred under subsection (a) shall consist of the following:
Navy Parcels
South Finegayan.............................. 445 acres
Nimitz Hill Parcels and 1 and 2B............. 208 acres
NAVMAG Parcel 1.............................. 144 acres
Apra Harbor Parcel 7......................... 73 acres
Apra Harbor Parcel 8......................... 6 acres
Apra Harbor Parcel 6......................... 47 acres
Apra Harbor Parcel 9......................... 41 acres
Apra Harbor Parcel 2......................... 30 acres
Apra Harbor Parcel 1......................... 6 acres
Asan Annex................................... 17 acres
NAVCAMS Beach................................ 14 acres
ACEORP Msui Tunnel........................... 4 acres
Agat Parcel 3................................ 5 acres
Air Force Parcels
Andersen South (portion of Anderson Admin. 395 acres
Annex).
Camp Edusa (Family Housing Annex 1).......... 103 acres
Harmon Communication Annex No. 1............. 862 acres
Harmon Housing Annex No. 4................... 396 acres
Harmon POL Storage Annex No. 2............... 35 acres
Harmon VOR Annex............................. 308 acres
Harmon POL Storage Annex No. 1............... 14 acres
Andersen Radio Beacon Annex.................. 23 acres
Federal Aviation Administration Parcel
Talofofo ``HH'' Homer Facility............... 37 acres
(c) Legal Descriptions.--The exact acreages and legal descriptions
of all parcels of land to be transferred under this Act shall be
determined by surveys which are satisfactory to the head of the
controlling Federal agency referred to in subsection (a). The cost of
such surveys, together with all direct and indirect costs related to
any conveyance under this section, shall be borne by such controlling
Federal agency.
SEC. 3. TERMS AND CONDITIONS.
(a) Further Federal Utilization Screening.--Parcels of land
determined to be excess property pursuant to section 2 shall be
screened for further Federal utilization in accordance with the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.) and such screening will be completed within 45 days after the
date on which they are determined to be excess.
(b) Appraisals.--The Administrator shall promptly appraise those
parcels that are not needed for further Federal utilization to
determine their estimated fair market value. The head of the Federal
agency which controls such parcels shall cooperate with the
Administrator in carrying out appraisals under this section. The
Administrator shall submit a copy of the appraisals to the committees
of the Congress specified in subsection (d). The cost of such
appraisals shall be paid for under section 204(b) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 485(b)).
(c) Land Use Plan.--The parcels of land to be transferred under
this Act shall be eligible for transfer after the Government of Guam
enacts legislation which establishes a detailed plan for the public
benefit use (including, but not limited to, housing, schools,
hospitals, libraries, child care centers, parks and recreation,
conservation, economic development, public health, and public safety)
of such parcels and the Governor of Guam submits such plan to the
committees of the Congress specified in subsection (d).
(d) Submissions.--The appraisals and land use plan required to be
submitted to the committees of the Congress under subsections (b) and
(c) shall be submitted to the Committee on Natural Resources, the
Committee on Armed Services, the Committee on Government Operations and
the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Energy and Natural Resources, the
Committee on Armed Services, and the Committee on Governmental Affairs
of the Senate.
(e) Review by Committees.--Parcels of land may not be transferred
under this Act until 180 days after the submission to the committees of
the Congress specified in subsection (d) of--
(1) the appraisals provided for in subsection (b), and
(2) the land use plan provided for in subsection (c).
(f) Government of Guam Lands Within the War in the Pacific National
Historical Park.--Parcels of land may not be transferred under this Act
until after the Government of Guam enters into a cooperative agreement
with the Secretary of the Interior, acting through the Director of the
National Park Service, which grants to the Secretary, at no cost, the
administrative jurisdiction over all undeveloped lands within the
boundary of the War in the Pacific National Historical Park, except
those lands at Adelup Point, which are owned by the Government of Guam.
The lands covered by such cooperative agreement shall be managed in
accordance with the general management plan of the park and in the same
manner as lands within the park that are owned by the United States.
SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE.
The conveyance document for any land transferred under this Act
located within 6 nautical miles of an airport shall contain a provision
that requires a determination of no hazard to air navigation to be
obtained from the Federal Aviation Administration in accordance with
applicable regulations governing objects affecting navigable airspace
or under the authority of the Federal Aviation Act of 1958 (Public Law
85-726, as amended) in order for construction or alteration on the
property to be permitted.
SEC. 5. SEVERE CONTAMINATION.
Notwithstanding any other provision of this Act, the Administrator
of General Services, in his discretion, may choose not to transfer any
parcel under this Act on which there is severe contamination, the
remedy of which would require the United States to incur extraordinary
costs.
SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL LAWS.
All Federal and territorial environmental laws and regulations
shall apply to the parcels transferred pursuant to this Act during and
after the transfer of such parcels.
Passed the House of Representatives January 26, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
Calendar No. 496
103d CONGRESS
2d Session
H. R. 2144
[Report No. 103-293]
_______________________________________________________________________
AN ACT
To provide for the transfer of excess land to the Government of Guam,
and for other purposes.
_______________________________________________________________________
June 24 (legislative day, June 7), 1994
Reported without amendment