[House Report 107-673]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-673

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  DIRECTING THE SECRETARY OF ENERGY TO CONVEY A PARCEL OF LAND AT THE 
 FACILITY OF THE SOUTHWESTERN POWER ADMINISTRATION IN TUPELO, OKLAHOMA

                                _______
                                

 September 24, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5109]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5109) to direct the Secretary of Energy to convey a 
parcel of land at the facility of the Southwestern Power 
Administration in Tupelo, Oklahoma, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. LAND CONVEYANCE, TUPELO, OKLAHOMA.

  (a) Conveyance Required.--Except as required by subsection (d), the 
Secretary of Energy shall convey, at fair market value, to Rural 
Enterprises of Oklahoma, Incorporated, all right, title, and interest 
of the United States in and to a parcel of land, and any improvements 
thereto, consisting of approximately 6.3 acres of the facility of the 
Southwestern Power Administration in Tupelo, Oklahoma, for use in 
economic development within the service area of the Tri-County Indian 
Nations Community Development Corporation.
  (b) Description of Parcel.--The exact acreage and description of the 
parcel to be conveyed under subsection (a) shall be determined by a 
survey that is satisfactory to the Secretary and to Rural Enterprises 
of Oklahoma, Incorporated.
  (c) Conditions of Conveyance.--As conditions of the conveyance under 
subsection (a), the Secretary shall require that Rural Enterprises of 
Oklahoma, Incorporated--
          (1) agree to honor the terms of any lease of the parcel or 
        portion thereof that is in existence on the date of the 
        conveyance; and
          (2) agree to bear the costs of the conveyance, including the 
        cost of the survey required by subsection (b) and the appraisal 
        required by subsection (f).
  (d) Easement.--Under the terms of the conveyance of the parcel under 
subsection (a), the Secretary shall retain an easement to the parcel 
for the purpose of maintaining a sewage connection to the electrical 
substation and lagoon facility located adjacent to the parcel. Such 
easement shall include telephone and telegraph rights.
  (e) Undepreciated Value.--The Southwestern Power Administration is 
authorized to remove the undepreciated value of the facilities conveyed 
under subsection (a) from its repayable investment obligation.
  (f) Valuation of Land To Be Conveyed.--The fair market value of the 
land to be conveyed under subsection (a) shall be determined by an 
appraisal acceptable to the Secretary that is conducted by an appraiser 
agreed upon by the Secretary and Rural Enterprises of Oklahoma, 
Incorporated, and conducted in accordance with--
          (1) the Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601; Public Law 
        91-646);
          (2) the Uniform Appraisal Standards for Federal Land 
        Acquisition; and
          (3) the Uniform Standards of Professional Appraisal Practice.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5109 is to direct the Secretary of 
Energy to convey a parcel of land at the facility of the 
Southwestern Power Administration in Tupelo, Oklahoma.

                  BACKGROUND AND NEED FOR LEGISLATION

    Tupelo is a small rural community in Coal County, Oklahoma, 
one of the poorest counties in the State. The site and the 
buildings to be transferred in the bill are unique to the area 
and are not likely marketable at reconstruction value.
    The parcel of land to be conveyed is about 6.3 acres and 
includes three buildings on the site: an office building (5,520 
sq. ft.), an open-ended garage (2,160 sq. ft.), and a storage 
building (288 sq. ft.). The Southwestern Power Administration 
is currently not using the property because its maintenance 
operations were consolidated with another facility at Gore, 
Oklahoma. Currently, the property is being temporarily leased 
to the Tri County Nations Enterprise Community. Rural 
Enterprises of Oklahoma plans to utilize the land and 
facilities to be transferred for incubator businesses. A 
preliminary appraisal of the property was completed in 1996 
based on market value. The appraisal indicated a value of 
approximately $57,200.

                            COMMITTEE ACTION

    H.R. 5109 was introduced on July 11, 2002, by Congressman 
Wes W. Watkins (R-OK). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Water and Power. On September 12, 2002, the Full Resources 
Committee met to mark up the bill. The Subcommittee on Water 
and Power was discharged from further consideration of the bill 
by unanimous consent. Congressman Ken Calvert (R-CA) offered an 
amendment to require fair market value be paid for the land and 
the facilities to be conveyed. The amendment also added at the 
end of the bill new subsections entitled ``Undepreciated 
Value'' and ``Valuation of Land To Be Conveyed.'' The amendment 
was agreed to by unanimous consent. No further amendments were 
offered and the bill as amended was then ordered favorably 
reported to the House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would result in approximately $65,000 in 
revenue to the federal government in 2003.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 23, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5109, a bill to 
direct the Secretary of Energy to convey a parcel of land at 
the facility of the Southwestern Power Administration in 
Tupelo, Oklahoma.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Cash 
Driskill.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 5109--A bill to direct the Secretary of Energy to convey a parcel 
        of land at the facility of the Southwestern Power 
        Administration in Tupelo, Oklahoma

    H.R. 5109 would direct the Secretary of Energy to convey 
approximately 6.3 acres of property in Tupelo, Oklahoma, to the 
Rural Enterprises of Oklahoma. As a condition of the 
conveyance, Rural Enterprises would be required to pay the fair 
market value of the property, as well as the costs of 
conveyance and appraisal. The property is administered by the 
Southwestern Power Administration (SWPA). The agency no longer 
uses the facility and plans to refer it to the General Services 
Administration for disposal.
    CBO estimates that enacting H.R. 5109 would have no 
significant effect on the federal budget. Based on information 
from SWPA, CBO estimates that the government would receive 
about $65,000 from the sale of the property. According to SWPA, 
the transfer of the title to the property would take place by 
the end of fiscal year 2003. Because enacting H.R. 5109 would 
affect offsetting receipts (a form of direct spending), pay-as-
you-go procedures would apply, but CBO estimates that the 
impact on direct spending would be negligible.
    H.R. 5109 contains no intergovernmental or new private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Lisa Cash 
Driskill. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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