[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[House]
[Pages H6260-H6261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STORY COUNTY, IOWA LAND CONVEYANCE
Mr. CARDOZA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5669) to direct the Secretary of Agriculture to convey
certain Federally owned land located in Story County, Iowa, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5669
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PURPOSES AND DEFINITIONS.
(a) Purposes.--The purposes of this Act are--
(1) to direct the conveyance of approximately 44 acres,
more or less, of Federally owned land administered by the
Agricultural Research Service to the City of Ames, Iowa; and
(2) to authorize the use of the funds derived from the
conveyance to purchase replacement land and for other
purposes relating to the National Animal Disease Center.
(b) Definitions.--In this Act:
(1) City.--The term ``City'' means the City of Ames, Iowa,
and its assigns.
(2) Property.--The term ``Property'' means approximately 44
acres, more or less, of the Federally owned land comprising
part of the National Animal Disease Center, which--
(A) was acquired by the United States in 1951 within sec.
1, T. 83 N., R. 24 W., Fifth Principal Meridian; and
(B) is generally located on 13th Street in the City.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 2. PROPERTY CONVEYANCE.
(a) In General.--On receipt of the consideration and cost
reimbursement provided in this Act, the Secretary shall
convey and quitclaim to the City, all rights, title, and
interests of the United States in the Property subject to
easements and rights of record and such other reservations,
terms, and conditions as the Secretary may prescribe.
(b) Consideration.--
(1) In general.--As consideration for the conveyance
authorized by this Act, the City shall pay to the Secretary
an amount in cash equal to the market value of the Property.
(2) Appraisal.--
(A) In general.--To determine the market value of the
Property, the Secretary shall have the Property appraised for
the highest and best use of the Property in conformity with
the Uniform Appraisal Standards for Federal Land Acquisitions
developed by the Interagency Land Acquisition Conference.
(B) Requirements.--The appraisal shall be subject to review
and approval by the Secretary, and the approved appraisal
shall at all times be the Property of the United States.
(c) Corrections.--With the agreement of the City, the
Secretary may make minor corrections or modifications to the
legal description of the Property or configure the Property
to facilitate conveyance.
(d) Costs.--
(1) In general.--Except as provided in paragraph (2), the
City shall at closing pay or reimburse the Secretary, as
appropriate, for the reasonable transaction and
administrative costs incurred by the Secretary associated
with the conveyance authorized by this Act, including
personnel costs directly attributable to the transaction, and
the transactional costs of appraisal, survey, title review,
hazardous substances examination, and closing costs.
[[Page H6261]]
(2) Attorneys fees.--The City and the Secretary shall each
bear their own attorneys fees.
(e) Hazardous Materials.--
(1) In general.--For the conveyance authorized by this Act,
the Secretary shall meet disclosure requirements for
hazardous substances, but shall otherwise not be required to
remediate or abate those substances or any other hazardous
pollutants, contaminants, or waste that might be present on
the Property at the time of closing.
(2) Lead-based paint or asbestos-containing building
materials.--
(A) In general.--Notwithstanding any provision of law
relating to the mitigation or abatement of lead-based paint
or asbestos-containing building materials and except as
provided in subparagraph (B), the Secretary shall not be
required to mitigate or abate any lead-based paint or
asbestos-containing building materials present on the
Property at the time of closing.
(B) Requirements.--If the Property has lead-based paint or
asbestos-containing building materials, the Secretary shall--
(i) provide notice to the City of the presence of the lead-
based paint or asbestos-containing building materials; and
(ii) obtain written assurance from the City that the City
will comply with applicable Federal, State, and local laws
relating to the management of the lead-based paint and
asbestos-containing building materials.
(f) Other Terms.--The Secretary and the City may agree on
such additional terms as may be mutually acceptable and that
are not inconsistent with the provisions of this Act.
SEC. 3. RECEIPTS.
(a) In General.--The Secretary shall deposit all funds
received from the conveyance authorized under this Act,
including the market value consideration and the
reimbursement for costs, into the Treasury of the United
States to be credited to the appropriation for the
Agricultural Research Service.
(b) Use of Funds.--Notwithstanding any limitation in
applicable appropriation Acts for the Department of
Agriculture or the Agricultural Research Service, all funds
deposited into the Treasury pursuant to subsection (a)
shall--
(1) be available to the Secretary until expended, without
further appropriation, for the acquisition of land and
interests in land and other related purposes of the National
Animal Disease Center; and
(2) be considered to authorize the acquisition of land for
the purposes of section 11 of the Act of August 3, 1956 (7
U.S.C. 428a).
SEC. 4. STATUTORY PAY-AS-YOU-GO LANGUAGE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Cardoza) and the gentlewoman from Ohio (Mrs. Schmidt)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. CARDOZA. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
on H.R. 5669.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. CARDOZA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 5669 would authorize the Secretary of Agriculture
to sell a parcel of land that is part of the National Animal Disease
Center to the city of Ames, Iowa, in order to facilitate the building
of a new water treatment facility.
Faced with increasing demand and aging infrastructure, the city has
determined that the most cost-effective solution is to build a new
plant. The land owned by USDA adjacent to the National Animal Disease
Center is such a suitable location. If Congress does not authorize this
land for sale, then the city of Ames may find itself in the unpopular
position of using eminent domain to acquire land to move forward with
the project.
It makes sense to move this legislation quickly so that a needed
infrastructure project can move forward, especially since the United
States Department of Agriculture has expressed support for this
legislation.
I urge my colleagues on both sides of the aisle to join me in
supporting this bill.
I reserve the balance of my time.
Mrs. SCHMIDT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today I rise in support of H.R. 5669. This bill will
allow the Agricultural Research Service to convey 44 acres of land in
Ames, Iowa, to the city of Ames. The funds derived from this conveyance
will then be used by the Agricultural Research Service to purchase
replacement land and for other purposes relating to the National Animal
Disease Center.
The National Animal Disease Center located in Ames, Iowa, is the
largest Federal animal disease center in the United States. This
facility, along with the National Veterinary Services Laboratory and
the Center for Veterinary Biologics co-located on the same site, make
up our National Centers for Animal Health.
The USDA has advised that it no longer has any use for the land to be
conveyed and that it supports this legislation.
This legislation is important for the continued development and
operation of this critical laboratory facility, and I ask my colleagues
to support this legislation.
Mr. Speaker, I yield as much time as he may consume to the gentleman
from Iowa (Mr. Latham).
Mr. LATHAM. I thank the gentlewoman from Ohio for yielding and the
gentleman from California, and I certainly want to thank Chairman
Peterson and Ranking Member Lucas for waiving jurisdiction so that we
could shepherd this bill to the floor, H.R. 5669.
This bill really is a solution for the city of Ames and the local
landowners. H.R. 5669 will allow the city to buy land from the USDA's
National Animal Disease Center and use that land to build a modern
water treatment plant.
Before introducing this legislation, city officials were exploring
the acquisition of nearby farmland by eminent domain. This bill will
prevent a conflict between the city of Ames and the local landowners.
The farmland in question is highly productive land. In fact, it's a
century farm. It has been in that family for over 100 years. Century
farms have a special status in Iowa, and the families who have carried
on the tradition of farming have deep ties to the soil.
Working with the city of Ames and the USDA, I believe we have found a
way to preserve this fertile land and honor the memory of the man who
began farming it, Abel Powell Griffith. Griffith, a Union Army veteran,
picked this land because it was near Iowa State University, and he knew
his descendants would be able to get a quality education while making a
living through farming.
H.R. 5669 is a win for everyone involved. Ames, Iowa, will be able to
proceed with its water treatment facility, residents will have clean
water, the Animal Disease Center will be able to plan for its needs,
and the landowners will be spared the loss of productive farmland.
I appreciate very much the time.
Mrs. SCHMIDT. Mr. Speaker, I yield back the balance of my time.
Mr. CARDOZA. Mr. Speaker, I want to congratulate my friend and
colleague from Iowa for doing what seems to be a very responsible piece
of legislation here.
I have no further speakers, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Cardoza) that the House suspend the
rules and pass the bill, H.R. 5669, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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