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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.
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 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
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,
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.
The Committee on Energy and Commerce has not held hearings
on the legislation.
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.
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
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:
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
Donald B. Marron,
(For Douglas Holtz-Eakin, Director).
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
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
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
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
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.