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109th Congress                                            Rept. 109-316
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 3

======================================================================
 
 FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2005

                                _______
                                

                February 3, 2006.--Ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3699]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3699) to provide for the sale, acquisition, 
conveyance, and exchange of certain real property in the 
District of Columbia to facilitate the utilization, 
development, and redevelopment of such property, and for other 
purposes, having considered the same, report thereon with 
amendments and without recommendation.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                               AMENDMENT

    The amendments (stated in terms of the text reported on 
November 18, 2005 by the Committee on Government Reform; H. 
Rept. 109-316, part 1) are as follows:
    In section 101, strike subsection (d).
    Strike section 402.
    Redesignate sections 403 and 404 as sections 402 and 403, 
respectively.

                          PURPOSE AND SUMMARY

    H.R. 3699 authorizes the exchange of certain land parcels 
between the Federal Government (the General Services 
Administration (GSA) and the Department of Interior's National 
Park Service (NPS)) and the District of Columbia. H.R. 3699, as 
reported by the Committee on Government Reform, contained 
sections 101(d) and 402, which were provisions to limit any 
environmental liability, response actions, remediation, 
corrective action, damages, costs or expenses for the District 
of Columbia associated with any property for which title is 
conveyed to the Federal government, or vice versa as the case 
may be. In addition, these sections stated that all liability, 
responsibility, remediation, damages and costs required by 
applicable Federal, state, and local law, including the 
Comprehensive Environmental Response, Compensation, and 
Liability Act, Clean Air Act, Solid Waste Disposal Act, and 
other enumerated environmental laws shall not be borne by the 
conveyor of the identified property.

                  BACKGROUND AND NEED FOR LEGISLATION

    On July 15, 2005, with the strong support of the District 
of Columbia, the Bush Administration proposed that Congress 
authorize the transference of land between the Federal 
Government and the District of Columbia. H.R. 3699 is the 
legislative embodiment of authorization to exchange certain 
land parcels between the General Services Administration, the 
Secretary of the Interior and the District of Columbia.
    In some cases, the District has administrative jurisdiction 
over certain parcels, allowing D.C. to develop, operate, and 
manage the parcels. Under a transfer of jurisdiction, the 
transferor retains ownership of the property while the 
transferee may be given authority to administer and maintain 
(manage) the property. Title to property allows the owner to 
possess, control, and assert all rights over the property.

                                HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        COMMITTEE CONSIDERATION

    On Thursday, December 15, 2005, the full Committee met in 
open markup session and ordered H.R. 3699 reported to the 
House, without recommendation, as amended, by a voice vote, a 
quorum being present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 3699 reported. A motion by Mr. Barton to order H.R. 3699 
reported to the House, without recommendation, as amended, was 
agreed to by a voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The goal of H.R. 3699 is to provide for the sale, 
acquisition, conveyance, and exchange of certain real property 
in the District of Columbia to facilitate the utilization, 
development, and redevelopment of such property.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3699, the Federal and District of Columbia Government Real 
Property Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                        COMMITTEE COST ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 27, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3699, the Federal 
and District of Columbia Real Property Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                          Donald B. Marron,
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3699--Federal and District of Columbia Real Property Act of 2005

    H.R. 3699 would authorize the exchange of 29 parcels of 
land between the Federal Government and the District of 
Columbia. CBO estimates that enacting H.R. 3699 would not 
significantly affect the federal budget. The bill contains an 
intergovernmental mandate as defined in the Unfunded Mandates 
Reform Act (UMRA) because it would terminate certain claims of 
the District of Columbia against the United States. CBO 
estimates, however, that the cost of this mandate would not 
exceed the threshold established in UMRA ($62 million in 2005, 
adjusted annually for inflation). The land exchanges authorized 
by this bill generally would benefit the District, and any 
costs it would incur to fulfill the conditions of those 
exchanges would be incurred voluntarily. The bill would impose 
no other costs on any state, local, or tribal government. H.R. 
3699 contains no private-sector mandates as defined in UMRA.
    Under the bill, the District of Columbia would get title to 
nine National Park Service (NPS) and two General Services 
Administration (GSA) properties, including 66 acres around the 
site of the former D.C. General Hospital, Poplar Point 
(approximately 100 acres on the east side of the Anacostia 
River adjacent to the 11th Street Bridge), 15 acres of the 
Robert F. Kennedy Stadium parking lot, and four other small 
Potomac Avenue parcels (to permit development of the proposed 
baseball stadium in southeast Washington). The District of 
Columbia also would gain administrative jurisdiction (which 
includes administration and maintenance, but not title) over 
seven smaller NPS properties.
    In exchange, the NPS would gain administrative jurisdiction 
over eight properties and title to two others. GSA would gain 
title to five buildings on the west campus of St. Elizabeth's 
Hospital in southeast Washington. In addition, as part of the 
exchange, the United States would gain release from all current 
claims by the District regarding St. Elizabeth's Hospital, and 
the District would cover all costs associated with the 
relocation of federal facilities currently located at Poplar 
Point (headquarters of the National Capital Parks-East and the 
U.S. Park Police Anacostia Operations and Helicopter 
Facilities).
    CBO estimates that conveying those federal properties to 
the District would not affect offsetting receipts because NPS 
and GSA have no plans for declaring the affected properties 
excess to their needs and selling them. In addition, the 
properties generate no significant receipts that could be lost 
as a result of the exchange.
    Enacting H.R. 3699 could result in savings to the Federal 
Government from the release of all current claims by the 
District regarding St. Elizabeth's Hospital, but at present, 
such claims have not been adjudicated and CBO cannot estimate 
the value of such savings, if any.
    On October 12, 2005, CBO transmitted a cost estimate for 
H.R. 3699 as ordered reported by the House Committee on 
Government Reform on September 29, 2005. On December 12, 2005, 
CBO transmitted a cost estimate for H.R. 3699 as ordered 
reported by the House Committee on Transportation and 
Infrastructure on December 7, 2005. The three versions of the 
legislation are similar, and our cost estimates are the same.
    The CBO staff contacts for federal costs are Matthew 
Pickford and Deborah Reis. The CBO staff contact for the 
intergovernmental impact is Marjorie Miller. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director of 
Budget Analysis.

                       FEDERAL MANDATES 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.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation 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.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    The Committee deleted sections 101(d) and 402 contained in 
H.R. 3699, which legislatively changed the environmental 
liability of some Federal agencies of the United States and the 
District of Columbia at certain parcels of land. The Committee 
intends for the United States and the District of Columbia to, 
as appropriate and necessary, voluntarily enter into a contract 
or other agreement setting forth each party's responsibilities 
for payment of or reimbursement for costs or expenses. 
Specifically, nothing changes the statutory obligations, 
responsibilities, or liabilities of the United States or the 
District of Columbia under environmental laws, including 
Section 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    The bill was referred to this committee for consideration 
of such provisions of the bill and the amendment as fall within 
the jurisdiction of this committee pursuant to clause 1(f) of 
rule X of the Rules of the House of Representatives. The 
changes made to existing law by the amendment reported by the 
Committee on Government Reform are shown in the report filed by 
that committee (Rept. 109-316, Part 1). The amendments made by 
this committee do not make any changes to existing law.