[Congressional Record Volume 147, Number 120 (Friday, September 14, 2001)]
[Extensions of Remarks]
[Page E1661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          TO CITY OF KEWAUNEE

                                 ______
                                 

                               speech of

                          HON. HENRY A. WAXMAN

                             of california

                    in the house of representatives

                       Monday, September 10, 2001

  Mr. WAXMAN. Mr. Speaker, H.R. 788 is special legislation which 
transfers a surplus piece of Federal property to the City of Kewaunee, 
Wisconsin. This piece of property is no longer needed as an Army 
Reserve Center nor is it needed for any other federal government 
purpose.
  I would like to thank the Gentleman from Wisconsin, Mr. Green, for 
working with me to address my concerns regarding this piece of 
legislation. I know it was his desire to have H.R. 788 passed prior to 
the House breaking for summer recess. However, by waiting until today, 
we were able to work together over the recess period and produce a 
stronger bill.
  The bill before us is significantly different from the bill as it was 
originally introduced. I will highlight the differences quickly. The 
bill specifies that the property must be used and occupied only by the 
City, or by another local or State government entity approved by the 
City. In addition, the bill includes a reversionary clause which states 
that, during the next 20 years, if the property is not used as 
intended, it will revert to the federal government. Furthermore, the 
bill states that the property cannot be used for commercial purposes.
  In the 1949 Property Act, Congress lays out how surplus federal 
property is to be disposed. GSA is instructed to sell property for the 
most profit possible. Monies received are used for a number of things 
including environmental clean-up and land preservation.
  However, the Act also listed a number of ways a piece of property can 
be transferred free of charge under what is called a ``Public Benefit 
Conveyance'' exception. Congress decided that the public interest in 
giving property away for ``public benefit'' outweighs potential profit 
from public sale. Included in the 1949 Act were four such public 
benefit exceptions: health, education, park and recreation, and 
historical monuments. Since 1949, the Act has been amended numerous 
times to add more public benefits. These additions are wildlife refuge, 
ports, prisons, airports, homeless, self-help housing, and law 
enforcement/emergency response.
  The City of Kewaunee is interested in using this former Army Reserve 
Center to house its city hall, city council, and senior center. Those 
types of use do not fit into any of the 11 current exceptions. 
Therefore, the federal government cannot transfer this property free of 
charge without special legislation like that which is before us today.
  Although I am pleased that the City of Kewaunee is able to benefit 
from this property transfer, this bill should not in anyway be seen as 
setting a precedent for future special legislation. Congress can and 
should amend the Act if it determines that city halls or other 
exceptions should exist. With proper hearings and mark-ups, the 
Committee on Government Reform may decide that the definition of public 
purpose should be expanded. It may decide otherwise.

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