[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5328 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5328

To authorize the return of surplus property, including Federal land, to 
            the government of Guam, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2018

 Ms. Bordallo introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
Oversight and Government Reform, and Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To authorize the return of surplus property, including Federal 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 Land Return Act of 2018''.

SEC. 2. RETURN OF SURPLUS PROPERTY, INCLUDING FEDERAL LAND, TO GUAM.

    (a) In General.--The Administrator of General Services is 
authorized to transfer to the government of Guam all right, title, and 
interest of the United States in and to surplus property located on 
Guam by quitclaim deed and without reimbursement, to compensate for 
unreimbursed impact expenses claimed on behalf of Guam pursuant to 
section 104(e)(9) of the Compact of Free Association Amendments Act of 
2003 (48 U.S.C. 1921c(e)(9)). Such transfers of surplus property shall 
be in accordance with--
            (1) subtitle I of title 40, United States Code;
            (2) Public Law 103-339 (commonly known as the ``Guam Excess 
        Lands Act''); and
            (3) Public Law 106-504 (commonly known as the ``Guam 
        Omnibus Opportunities Act''), except paragraphs (1) and (2)(D) 
        of section 1(b) of such Act.
    (b) Territorial Notification.--The Administrator shall notify the 
Governor of Guam when any surplus property becomes available under this 
section.
    (c) Transfer.--If within 90 days after receiving notification under 
subsection (b) the Governor notifies the Administrator that the 
territorial government intends to acquire the surplus property, the 
Administrator shall transfer such property pursuant to this section.
    (d) Terms and Conditions.--
            (1) Requirements for transfer.--Transfers of surplus 
        property authorized by this section shall take place after--
                    (A) the Administrator completes an appraisal 
                determining the estimated fair-market value of the 
                surplus property, the cost of which shall be paid for 
                in accordance with section 571(b) of title 40, United 
                States Code; and
                    (B) the Governor submits to the Administrator and 
                the Delegate to the House of Representatives from Guam 
                a detailed plan for the future use of such surplus 
                property and makes such plan available on a public 
                government website.
            (2) Navigable airspace.--The conveyance document for any 
        surplus property that is real property transferred under this 
        section located in a 6-mile radius of an airport shall contain 
        a provision that requires a determination by the Federal 
        Aviation Administration that no interference to air navigation 
        exists in accordance with regulations set forth in subparts I 
        and III of part A of subtitle VII of title 49, United States 
        Code, in order for construction or alteration on the property 
        to be permitted.
    (e) Severe Contamination.--Notwithstanding any other provision of 
this Act, the Administrator may choose not to transfer any surplus 
property under this section on which there is severe contamination, the 
remedy of which would require the United States to incur extraordinary 
costs.
    (f) Supplement, Not Supplant.--The fair-market value, appraised or 
otherwise estimated, of any surplus property transferred to the 
government of Guam under this section shall be used to supplement and 
not supplant other Federal funds provided to the government of Guam as 
compensation or reimbursement for costs or impact expenses incurred by 
that affected jurisdiction pursuant to--
            (1) section 104(e)(6) of the Compact of Free Association 
        Act of 1985 (48 U.S.C. 1904(e)(6));
            (2) section 104(e)(3) and section 104(e)(6) of the Compact 
        of Free Association Amendments Act of 2003; and
            (3) any other impact aid provided to the government of Guam 
        under any other authority.
    (g) Net-Negative Land Transfers.--Land parcels (or the value 
thereof) included in the inventory under section (3) and transferred by 
the Secretary of Defense to the government of Guam shall not be 
counted--
            (1) as compensation or reimbursement by the Federal 
        Government for costs or impact expenses incurred by the 
        territorial government; or
            (2) for compensation by the Federal Government for 
        unreimbursed impact expenses pursuant to subsection (a).

SEC. 3. DOD NET-NEGATIVE INVENTORY OF GUAM LAND PARCELS.

    (a) Net-Negative Inventory of Land Parcels.--The Secretary of 
Defense shall maintain and update regularly an inventory of all land 
parcels located on Guam currently owned by the United States Government 
and administered by the Department of Defense which the Secretary 
expects to transfer to the territorial government, specifying for each 
parcel--
            (1) the approximate size of the parcel;
            (2) an estimate of the fair market value of the parcel, if 
        available or as practicable;
            (3) the branch of the armed forces with jurisdiction or 
        operational control over the parcel;
            (4) the specific legal authority under which the Secretary 
        will transfer the parcel to the territorial government; and
            (5) the date by which the Secretary expects to transfer the 
        parcel to the territorial government, lease the parcel to the 
        territorial government prior to final transfer, or otherwise 
        designate the parcel as excess property or surplus property and 
        then transfer to the territorial government.
    (b) Parcels Required To Be Included.--
            (1) Parcels included in 2017 net negative report.--The 
        Secretary shall include in the inventory under this section 
        each of the following parcels, as described in the 2017 Net 
        Negative Report:
                    (A) The Tanguisson Power Plant (5 acres), listed as 
                Site 14 in the Report.
                    (B) The Harmon Substation Annex (9.9 acres), listed 
                as Site 15 in the Report.
                    (C) The Piti Power Plant and Substation (15.5 
                acres), listed as Site 38 in the Report.
                    (D) Apra Heights Lot 403-1 (0.5 acres), listed as 
                Site 55 in the Report.
                    (E) The Agana Power Plant and Substation (5.9 
                acres), listed as Site 54 in the Report.
                    (F) The ACEORP Maui Tunnel-Tamuning Route 1 behind 
                Old Telex (3.7 acres), listed as Site 23 in the Report.
                    (G) The Parcel South of Camp Covington, Parcel 7 
                (60.8 acres), listed as Site 49 in the Report.
                    (H) The NCTS Beach Lot, adjacent to the Tanguisson 
                Power Plant (13.3 acres), listed as Site 13 in the 
                Report.
                    (I) The Hoover Park Annex (also known as ``Old USO 
                Beach''; 6 acres), listed as Site 37 in the Report.
                    (J) Parcel ``C'' Marbo Cave Annex (5 acres), listed 
                as Site 12 in the Report.
            (2) Other parcels.--In addition to the parcels specified in 
        paragraph (1), the Secretary shall include in the inventory 
        under this section each of the following parcels:
                    (A) The Marbo school site (80 acres), currently 
                under reversion to the Department of Education but 
                expected to be transferred to the Department of the 
                Navy (within Andersen South Annex).
                    (B) The Dandan property (159.12 acres), formerly 
                the Apollo Tracking Station operated by the National 
                Aeronautics and Space Administration.
                    (C) The Urunao property (69.19 acres) at Andersen 
                Air Force Base (Northwest Field), from the west side of 
                Route 3A to the cliff line.
                    (D) The Naval Water Treatment Plant (8.79 acres) 
                and associated water and wastewater treatment utility 
                systems at Naval Base Guam (Ordnance Annex/Naval 
                Magazine).
                    (E) The following future photovoltaic sites along 
                Route 1, currently under lease to the Guam Power 
                Authority:
                            (i) The Harmon Annex (4 acres).
                            (ii) The Harmon Booster Station (5.59 
                        acres), listed as Site 16 in the 2017 Net 
                        Negative Report.
                            (iii) The former Tumon Tank Farm (23.77 
                        acres), listed as Site 17 in the 2017 Net 
                        Negative Report.
            (3) Definition.--In this section, the term ``2017 Net 
        Negative Report'' means the report submitted by the Secretary 
        of the Navy, on behalf of the Secretary of Defense, under 
        section 2208 of the National Defense Authorization Act for 
        Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2695) regarding 
        the status of the implementation of the ``net negative'' policy 
        regarding the total number of acres of the real property 
        controlled by the Department of the Navy or the Department of 
        Defense on Guam.
    (c) Petition for Placement of Additional Parcels in Inventory.--
            (1) Mechanism for petition.--The Secretary shall establish 
        a formal mechanism under which the Governor of Guam may 
        petition the Secretary to add parcels to the inventory 
        maintained under this section.
            (2) Specification of public benefit uses.--The Governor 
        shall specify in any petition under this subsection any public 
        benefit uses proposed by the Governor for the parcel involved.
    (d) Exclusion of Parcels.--The Secretary shall not include in the 
inventory maintained under this section any parcel transferred to the 
government of Guam prior to the date of the enactment of this Act, 
without regard to whether or not the parcel is included in paragraph 
(1) or paragraph (2) of subsection (b).
    (e) Public Notification.--The Secretary shall publish and update on 
a public website of the Department of Defense the following 
information:
            (1) The inventory maintained under subsection (a), 
        including the parcels required to be included in such inventory 
        under subsection (b).
            (2) All petitions filed by the Governor under the mechanism 
        established under subsection (c) (including any proposed public 
        benefit use specified in any such petition).
            (3) A description of each parcel of land transferred by the 
        Secretary to the territorial government after January 20, 2011, 
        including the following:
                    (A) The approximate size of the parcel.
                    (B) An estimate of the fair market value of the 
                parcel, if available or as practicable.
                    (C) The specific legal authority under which the 
                Secretary transferred the parcel to the territorial 
                government.
                    (D) The date the transfer of the parcel was 
                completed.

SEC. 4. REPEAL OF CONDITIONS ON CONVEYANCE OF CERTAIN LANDS BY GUAM.

    (a) In General.--Section 818(b)(2) of the Military Construction 
Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1782) is hereby 
repealed and shall have no force or effect.
    (b) Execution of Instruments.--The Administrator and the Secretary 
shall execute all instruments necessary to implement this section.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Governor.--The term ``Governor'' means the Governor of 
        the territory of Guam.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (4) Surplus property.--The term ``surplus property'' has 
        the meaning given that term in section 102 of title 40, United 
        States Code.
            (5) Territorial government.--The term ``territorial 
        government'' means the government of Guam established under the 
        Organic Act of Guam (48 U.S.C. 1421 et seq.).
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