[Congressional Record Volume 149, Number 153 (Tuesday, October 28, 2003)]
[Senate]
[Pages S13381-S13383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 1788. A bill to amend title 40, United States Code, to authorize 
the Administrator of General Services to lease and redevelop certain 
Federal property on the Denver Federal Center in Lakewood, Colorado; to 
the Committee on Governmental Affairs.
  Mr. CAMPBELL. Mr. President, today I am introducing a bill that will 
help revitalize the Denver Federal Center (DFC) and the surrounding 
community of Lakewood, CO. This bill will allow the General Services 
Administration to enter into public/private partnerships, thereby 
efficiently and effectively addressing infrastructure and environmental 
issues at the DFC.
  The DFC is a 670-acre campus with 77 active buildings. It began as a 
munitions manufacturing plan during World War II. Since then, many 
other agencies have called the DFC home, leaving behind a history of 
landfills, leaking underground storage tanks, chemical laboratories, 
and firing ranges that have contaminated the area. Additonally, many of 
the existing buildings are more than 60 years old and are in need of 
extensive repair or replacement. The Colorado Department of Public 
Health is requiring an environmental investigation and clean-up of 
contaminated areas at a cost of over $70 million.
  As the Denver metropolitan region grows, the GSA has an opportunity 
to create public / private partnerships that will help foster the 
growth of the DFC campus into a regional hub of commerce and 
transportation as formulated in the visions of the local communities. 
At the same time, through these public / private partnerships, the DFC 
will be able to help

[[Page S13382]]

clean up a 60-year-old environmental mess.
  The Regional Transportation District (RTD) would like to create an 
intermodal facility and public transit hub as the West Corridor Light 
Rail is developed. New offices can be developed, not only for Federal 
tenants, but potentially for private businesses as well.
  I believe this bill will provide many benefits all around--through 
the partnerships created, this bill will create new jobs and preserve 
jobs and institutions already in place, while at the same time taking 
care of a much needed and necessary environmental preservation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1788

       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 shall be cited as the ``Denver Federal Center 
     Redevelopment Act''.

     SEC. 2. DENVER FEDERAL CENTER DEVELOPMENT AUTHORITY.

       Part C of subtitle II of title 40, United States Code, is 
     amended by adding at the end the following new chapter:

            ``CHAPTER 71. DENVER FEDERAL CENTER DEVELOPMENT

     ``Sec. 7101. Master lease development authority

       ``(a) In General.--The Administrator of General Services 
     may enter into leases of Federal real property, including 
     improvements thereon, with totally non-Federal entities to 
     provide for the construction, rehabilitation, operation, 
     maintenance, or use of all, or portions of, the Denver 
     Federal Center as described in section 7106, or such other 
     activities related to the Denver Federal Center as the 
     Administrator considers appropriate. For purposes of this 
     chapter, a lease of Federal real property, including 
     improvements thereon, shall be referred to as a master lease.
       ``(b) Terms and Conditions.--A master lease entered into 
     under this section--
       ``(1) shall have as its primary purpose enhancing the value 
     of the Denver Federal Center to the United States;
       ``(2) shall be negotiated pursuant to such procedures as 
     the Administrator considers necessary to ensure the integrity 
     of the selection process and to protect the interests of the 
     United States;
       ``(3) may provide a lease option to the United States, to 
     be exercised at the discretion of the Administrator, to 
     occupy any general purpose office, storage or other usable 
     space in a facility covered under the master lease;
       ``(4) shall be for a term not to exceed 50 years;
       ``(5) shall describe the consideration, duties and 
     responsibilities for which the United States and the non-
     Federal entity are responsible;
       ``(6) shall provide--
       ``(A) that all development risk shall remain with the non-
     Federal entity;
       ``(B) that the United States will not be liable for any 
     action, debt or liability of any non-Federal entity; and
       ``(C) that such non-Federal entity may not execute any 
     instrument or document creating or evidencing any 
     indebtedness unless such instrument or document specifically 
     disclaims any liability of the United States under the 
     instrument or document; and
       ``(7) shall include such other terms and conditions as the 
     Administrator considers appropriate.
       ``(c) Consideration.--A master lease entered into under 
     this section shall be for fair consideration, as determined 
     by the Administrator. Consideration under a master lease may 
     be provided in whole or in part through in-kind 
     consideration, including provision of other real and related 
     property, goods or services of benefit to the United States, 
     construction, repair, remodeling, or other physical 
     improvements of Federal property, environmental remediation 
     or maintenance of Federal property, or the provision of 
     office, storage or other usable space.

     ``Sec. 7102. Additional authorities

       ``(a) Authority To Convey Remaining Interests.--In carrying 
     out a master lease entered into under this chapter, the 
     Administrator is authorized to convey the interest of the 
     United States in the property covered by the master lease to 
     the non-Federal entity by sale or exchange, if the 
     Administrator first determines in writing that such 
     conveyance is in the interests of the United States;
       ``(b) Other Authorities Not Affected.--The authority to 
     enter into a master lease under this chapter shall be in 
     addition to, and not in lieu of, any other authorities of the 
     Administrator to convey interests in real property by lease, 
     sale, or exchange.
       ``(c) Obligations To Make Payments.--Any obligation to make 
     payments by the Administrator for the use of space, goods or 
     services by the General Services Administration on property 
     that is subject to a master lease under this chapter may only 
     be made to the extent that necessary funds have been made 
     available to the Administrator, in advance, in an annual 
     appropriations Act.

     ``Sec. 7103. Relationship to other laws.--

       ``(a) In General.--The authority of the Administrator under 
     this chapter shall not be subject to--
       ``(1) sections 521 through 529 and sections 541 through 
     559;
       ``(2) section 1302;
       ``(3) section 3307; or
       ``(4) any other provision of law (other than Federal laws 
     relating to environmental and historic preservation) 
     inconsistent with this chapter.
       ``(b) Unutilized or Underutilized Property.--Any property 
     covered under a master lease entered into under this section 
     shall be deemed to be property for which there is a 
     continuing Federal need and may not be considered to be 
     unutilized or underutilized for purposes of section 501 of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).

     ``Sec. 7104. Use of proceeds

       ``(a) In General.--Net proceeds from a master lease entered 
     into under section 7101 shall be deposited into, 
     administered, and expended, subject to appropriations Acts, 
     as part of the Federal Building Fund established under 
     section 592. In this section, the term `net proceeds from a 
     master lease entered into under section 7101' means the 
     rental proceeds from the master lease minus the expenses 
     incurred by the Administrator with respect to the master 
     lease.
       ``(b) Recovery of Expenses.--The Administrator may retain 
     from the proceeds of a master lease entered into under 
     section 7101 amounts necessary to recover the expenses 
     incurred by the Administrator with respect to the master 
     lease. Such amounts shall be deposited in the account in the 
     Treasury from which the Administrator incurs such expenses.

     ``Sec. 7105. Reporting requirements

       ``(a) In General.--Before entering into a master lease 
     under section 7101, the Administrator of General Services 
     shall transmit to the appropriate committees of Congress a 
     report on the proposed development and master lease of the 
     Denver Federal Center not less than 30 days before the award 
     of a master lease.
       ``(b) Contents.--A report transmitted under this section 
     shall include a summary of a cost-benefit analysis of the 
     proposed development and a description of the provisions of 
     the proposed master lease.

     ``Sec. 7106. Description of the Denver Federal Center

       ``As used in this chapter, the term `Denver Federal Center' 
     means a parcel of land, located in section 9 and in the East 
     half of the East half of the East half Section 8, Township 4 
     South, Range 69 West of the Sixth Principal Meridian, being 
     more particularly described as follows:
       ``Commencing at the northeast corner of said section 9;
       ``thence S76 deg.38'34"W a distance of 779.20 feet to a 
     point on the southerly right-of-way line of West 6th Avenue 
     being also the true point of beginning;
       ``thence S45 deg.23'16"E a distance of 932.42 feet to a 
     point on the westerly right-of-way line of Kipling Street;
       ``thence along the westerly right-of-way line of said 
     Kipling Street the following three courses:
       ``thence S00 deg.23'16"E, a distance of 1806.59 feet;
       ``thence S00 deg.23'04"E, a distance of 2341.02 feet;
       ``thence S44 deg.37'45"W, a distance of 355.19 feet to a 
     point on the northerly right-of-way line of West Alameda 
     Avenue;
       ``thence along the northerly right-of-way line of said West 
     Alameda Avenue the following three courses:
       ``thence S89 deg.23'50"W, a distance of 2298.81 feet;
       ``thence S89 deg.24'08"W, a distance of 2544.90 feet to a 
     point of tangent curve;
       ``thence along said curve to the left an arc distance of 
     475.81 feet, having a central angle of 11 deg.38'25", a 
     radius of 2342.00 feet and a chord bearing of 
     S83 deg.31'57"W, a chord distance of 474.99 feet to a point 
     on the south line of the southeast quarter of said section 8;
       ``thence S89 deg.37'30"W, along the said south line, a 
     distance of 296.29 feet to a point on the westerly line of 
     the east half of the east half of the east half of said 
     section 8;
       ``thence along the westerly line of the east half of the 
     east half of the east half of said section 8 the following 
     two courses;
       ``thence N00 deg.00'10"W, a distance of 2634.40 feet;
       thence N00 deg.00'33"W, a distance of 2344.86 feet to a 
     point on the southerly right-of-way line of West 6th Avenue;
       ``thence along said southerly right-of-way line the 
     following five courses:
       ``thence N89 deg.44'33"E, a distance of 655.37 feet to a 
     point on the westerly line of the northwest quarter of said 
     section 9;
       ``thence N89 deg.44'33"E, a distance of 50.00 feet;
       ``thence N81 deg.11'33"E, a distance of 856.70 feet;
       ``thence N89 deg.14'41"E, a distance of 1741.83 feet;
       ``thence N89 deg.14'40"E, a distance of 1876.55 feet to the 
     point of beginning.
       ``Said parcel contains 29,182,824 square feet or 669.95 
     acres, more or less.
       ``Note: For the purpose of this description the bearings 
     are based on the east line of the northeast quarter of said 
     section 9 bearing S00 deg.23'16"E, a distance of 2640.79 feet 
     and monumented by a found 3\1/4\ aluminum cap

[[Page S13383]]

     marked `l.p.i. pls 34986' on the north end and by a found 
     3\1/4\'' aluminum cap marked `vigil land consultants ls 
     20699' on the south end.''.

      SEC. 3. CONFORMING AMENDMENT

       The index for part C of subtitle II of title 40, United 
     States Code, is amended by inserting the following at the 
     end:

``CHAPTER 71. DENVER FEDERAL CENTER DEVELOPMENT.''.
                                 ______