[Senate Report 109-359]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
2d Session 109-359
_______________________________________________________________________
Calendar No. 581
FEDERAL AND DISTRICT OF COLUMBIA
GOVERNMENT REAL PROPERTY ACT OF 2005
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 1838
TO PROVIDE FOR THE SALE, ACQUISITION, CONVEYANCE, AND EXCHANGE OF
CERTAIN REAL PROPERTY IN THE DISTRICT OF COLUMBIA TO FACILITATE THE
UTILIZATION, DEVELOPMENT, AND REDEVELOPMENT OF SUCH PROPERTY, AND FOR
OTHER PURPOSES
November 13, 2006.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware
LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota
ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey
PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas
JOHN W. WARNER, Virginia
Brandon L. Milhorn, Staff Director
Amy L. Hall, Professional Staff Member
Michael L. Alexander, Minority Staff Director
Donny Williams, Minority Professional Staff Member
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 581
109th Congress Report
SENATE
2d Session 109-359
======================================================================
FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2005
_______
November 13, 2006.--Ordered to be printed
_______
Ms. Collins, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1838]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1838), a bill to
provide for the sale, acquisition, conveyance, and exchange of
certain real property in the District of Columbia to facilitate
the utilization, development, and redevelopment of such
property, and for other purposes, reports favorably with
amendments and recommends that the bill do pass.
C O N T E N T S
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................3
V. Estimated Cost of Legislation....................................6
VI. Evaluation of Regulatory Impact..................................8
VII. Changes in Existing Law..........................................8
I. PURPOSE AND SUMMARY
S. 1838 authorizes the exchange of certain land parcels
between the federal government and the District of Columbia
(the District). The major properties to be conveyed to the
District are contained in Poplar Point, Reservation 13, and
several smaller properties along the Anacostia River. S. 1838
would also provide for the conveyance to the federal government
of several District buildings and real property on the west
campus of St. Elizabeths Hospital, along with several smaller
properties.
II. BACKGROUND AND NEED FOR LEGISLATION
On July 15, 2005, the Bush Administration sent Congress a
proposal that would authorize transfers of land between the
federal government and the District of Columbia. S. 1838 would
authorize the exchange of roughly 200 acres between the General
Services Administration (GSA), the Secretary of the Interior,
and the District of Columbia.
The Administration cites the special relationship the
federal government has with the District, a ``federal city,''
and a desire to ensure that the Nation's capital is one of the
greatest cities in the world as justification for the
transfers. In addition, the federal government found that the
properties to be conveyed to the District are not currently
providing substantial value to the federal government and are,
in fact, an unnecessary burden and could be better utilized if
ownership was transferred to the District. Moreover, the
District has published an extensive development plan for the
land along the Anacostia River called the Anacostia Waterfront
Initiative, a public-private venture among 20 local and federal
agencies that own or control land along the river.
The Committee held a hearing to review S. 1838, among other
pieces of legislation, titled ``Enhancing Educational and
Economic Opportunity in the District of Columbia,'' on February
28, 2006. During the hearing, District of Columbia Mayor
Anthony A. Williams stated that the District would assume all
costs associated with the environmental clean-up of the land
received from the federal government. It is the Committee's
assumption that the District and the federal government will
enter into a Memorandum of Understanding agreeing to such an
arrangement. However, it is not the Committee's intent to pre-
empt existing environmental law, and nothing in S. 1838 should
be interpreted to alleviate the federal government's legal
obligations under 42 U.S.C. 9620(h) to clean up the transferred
land.
During the consideration of S. 1838, some members of the
Committee had concerns regarding policy issues with prospective
development on land transferred to the District by the Act. It
is the Committee's understanding that the development projects
on this land will be undertaken on a competitive basis marked
by fairness to all bidders and transparency of process.
III. LEGISLATIVE HISTORY
On October 6, 2005, S. 1838, the Federal and District of
Columbia Government Real Property Act of 2005, was introduced
by Senator Voinovich and cosponsored by Senator Collins, and
was referred to the Committee on Homeland Security and
Governmental Affairs. On January 27, 2006, the bill was
referred to the Subcommittee on Oversight of Government
Management, the Federal Workforce and the District of Columbia.
On February 28, 2006, the Subcommittee held a hearing on S.
1838. The Subcommittee favorably polled out S. 1838 to the full
Committee on April 3, 2006 (with Senator Lautenberg recorded as
No).
On July 27, 2006, by voice vote, the Committee on Homeland
Security and Governmental Affairs ordered S. 1838 reported
favorably with an amendment offered by Senators Voinovich and
Akaka (with Senator Coburn recorded as No). The amendment
included nine changes submitted by the Department of the
Interior. All of these changes are supported by the District of
Columbia and the Administration. The amendment would also
require the District to report annually to Congress on how the
land is being used and would require a bi-annual Government
Accountability Office (GAO) report on the land development,
provisions that will sunset after 10 years. Additionally, the
amendment includes a new parcel of land located where the new
baseball stadium will be built and includes several technical
changes dealing with land associated with the American Veterans
Disabled for Life Memorial. Finally, the amendment would allow
the United States and the District to enter into a contract(s)
for environmental liability costs and would require compliance
with environmental law. Senators present: Collins, Coburn,
Bennett, Lieberman, Akaka, Carper, Dayton, and Pryor.
IV. SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section provides that the bill may be referred to as
the ``Federal and District of Columbia Government Real Property
Act of 2005.''
Section 2. Congressional reports and reversion
This section requires the District to report annually to
Congress on how the land is being used and also requires a bi-
annual GAO report on the land development. This section will
sunset after 10 years.
The Committee expects the reports to include: (1) how much
of the land has been developed, (2) the purpose for which it is
being used, (3) how, if at all, the development deviates from
the Anacostia Waterfront Framework Plan, (4) a description of
the process through which development of the transferred land
was bid, and (5) names of the organizations involved in the
development.
TITLE I--REAL PROPERTY CONVEYANCES BETWEEN THE GENERAL SERVICES
ADMINISTRATION AND THE DISTRICT OF COLUMBIA
Section 101. Exchange of title over Reservation 13 and certain other
properties
This section requires GSA to convey Reservation 13 and the
Old Naval Hospital to the District. The conveyance of
Reservation 13 is subject to existing matters of record,
including a reservation of title for a national commemorative
work and for the extension of Massachusetts Avenue. The
conveyance also stipulates that the Court Services and Offender
Supervision Agency for the District of Columbia, a federal
agency, has the right to remain on the site. Finally, this
section requires the District to convey to GSA five buildings
on the West Campus of St. Elizabeths Hospital.
Section 102. Termination of claims
This section is intended to supersede pending claims
against the United States and certain agencies of the United
States for performance or reimbursement as described below. The
section provides that neither the United States nor any of its
agencies, officers, or employees are obligated to the District
to perform, or to reimburse the cost of: (1) repairs or
renovations pursuant to the St. Elizabeths Hospital and
District of Columbia Mental Health Services Act (24 U.S.C. 225
et seq.); (2) preservation, maintenance, or repair pursuant to
a use permit under which the Department of Health and Human
Services granted permission to the District to occupy portions
of the West Campus of St. Elizabeths; or (3) mental health
diagnostic and treatment services for referrals as described in
the St. Elizabeths Hospital and District of Columbia Mental
Health Services Act, up to and including the effective date of
this Act, but not subsequent to that date.
TITLE II--STREAMLINING MANAGEMENT OF PROPERTIES LOCATED IN THE DISTRICT
OF COLUMBIA
Section 201. Transfer of administrative jurisdiction over certain
properties
On the date of enactment, administrative jurisdiction of
nine specified properties owned by the United States will be
transferred from the District of Columbia to the Secretary of
the Interior for administration by the National Park Service
(NPS).
Also on the day of enactment, administrative jurisdiction
of several specified properties owned by the United States will
be transferred to the District.
Section 202. Exchange of title over certain properties
This section requires the Secretary of the Interior, on the
date on which the District conveys to the Secretary all right,
title, and interest in two specified properties, to convey to
the District all right, title, and interest in six specified
properties.
Section 203. Conveyance of United States Reservation 174
This section requires the Secretary of the Interior to
convey U.S. Reservation 174 (a parcel situated on the site of
the Old Convention Center) to the District of Columbia. This
conveyance is to occur upon the completion by the District of a
final plan for the Old Convention Center site that is developed
through a public planning process. During the planning process,
the District must consider an alternative that will maintain
the open space on U.S. Reservation 174. This alternative can
involve building space constructed underneath U.S. Reservation
174. The final plan must include open space totaling one and
one quarter acres.
TITLE III--POPLAR POINT
Section 301. Conveyance of Poplar Point to District of Columbia
Upon completion of the land-use plan described in Section
302, the District is required to transmit to the Secretary of
the Interior a copy of the plan along with all the information
necessary to certify the plan. This section requires the
Secretary of the Interior, upon receipt from the District of
written acceptance of specified terms and conditions, to convey
all right, title and interest in Poplar Point to the District.
Section 302. Requirements for Poplar Point land-use plan
This section requires the District to complete a land-use
plan for Poplar Point that: (a) identifies a minimum of 70
acres, including wetlands, to be maintained in perpetuity for
park purpose; (b) is consistent, where possible, with the
Anacostia Waterfront Framework Plan; (c) sets aside at least
two sites, within the areas designated for park purposes, for
potential memorials; and (d) includes a commitment by the
District to convey back the sites designated for potential
memorials to the NPS at the appropriate time, as determined by
the Secretary of the Interior.
The deed conveying Poplar Point must reserve to the United
States all right, title, and interest, at no cost, in existing
federally owned facilities at Poplar Point and all necessary
easements for access and utilities. The United States, acting
by and through the NPS, is to continue to own, control, and
access the existing facilities until the District provides
replacement facilities and the NPS has relocated to the
replacement facilities. Upon completion of the relocation of
the NPS to the replacement facilities, the Secretary of the
Interior must convey to the District, in a separate deed, all
right, title, and interest in the existing facilities and all
necessary easements for access that were reserved to the United
States.
Section 303. Conveyance of replacement facilities and properties for
National Park Service
No construction, other than construction related to the
provision of replacement facilities, can commence on Poplar
Point until the District and the Secretary of the Interior
agree, in writing, on suitable replacement facilities. The
agreement must specify the location of the replacement
facilities and a timetable by which the District will complete
the relocation of the NPS to the replacement facilities.
The District must provide to the Secretary of the Interior,
at no cost, suitable replacement facilities and relocate the
NPS to those facilities.
The NPS may move any fixtures or equipment from the
existing facilities for use at the replacement facilities.
Section 304. Poplar Point defined
This section defines the boundaries of Poplar Point.
TITLE IV--GENERAL PROVISIONS
Section 401. Definitions
This section defines certain terms used in this Act.
Section 402. Limitation on costs
This section states that the United States shall not be
responsible for paying any costs and expenses, other than costs
and expenses related to or associated with environmental
liabilities or cleanup actions provided under law, which are
incurred by the District of Columbia or any other parties at
any time in connection with effecting the provisions of this
Act or any amendment made by this Act.
Section 403. Authorization of parties to enter into contracts
This section authorizes the United States and the District
of Columbia to enter into contracts with each other for payment
of costs or expenses related to environmental clean-up of any
properties conveyed under quitclaim deed under this Act or any
amendment made by this Act.
Section 404. No effect on compliance with environmental laws
This section states that nothing in this Act may be
construed to affect or limit the application of or obligation
to comply with any environmental law, including section 120(h)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
V. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
November 2, 2006.
Hon. Susan M. Collins,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1838, the Federal
and District of Columbia Government Real Property Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 1838--Federal and District of Columbia Government Real Property Act
of 2005
Summary: CBO estimates that enacting S. 1838 would not
significantly affect the federal budget. S. 1838 would
authorize the exchange of 29 parcels of land between the
federal government and the District of Columbia. The transfer
of federal properties would probably involve expenses to
remediate environmental contamination at these sites. Although
the degree of contamination present at these sites is unknown,
CBO expects that the cost to correct it would not be
significant because many federal properties previously
transferred to the District of Columbia have required minor
expenditures to correct contamination problems.
Enacting S. 1838 could result in savings to the federal
government because, under the bill, the District of Columbia
would release all of its current claims against the federal
government regarding St. Elizabeth's Hospital. Those claims
have not been adjudicated, and CBO cannot estimate the value of
such savings, if any.
S. 1838 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA) because it would
terminate certain claims of the District of Columbia against
the United States. CBO estimates that the cost of this mandate
might approach, but probably would not exceed the threshold
established in UMRA ($64 million in 2006, adjusted annually for
inflation). The land exchanges authorized by this bill
generally would benefit the District, and any costs it would
incur to fulfill the conditions of those exchanges would be
incurred voluntarily. The bill would impose no other costs on
any state, local, or tribal governments. S. 1838 contains no
private-sector mandates as defined in UMRA.
Estimated cost to the Federal Government: Under the bill,
the District of Columbia would receive title to eight National
Park Service (NPS) and two General Services Administration
(GSA) properties, including 66 acres around the site of the
former D.C. General Hospital, Poplar Point (approximately 100
acres on the east side of the Anacostia River adjacent to the
11th Street Bridge), and four other small Potomac Avenue
parcels (to permit development of the proposed baseball stadium
in southeast Washington). The District of Columbia also would
gain administrative jurisdiction (which includes administration
and maintenance, but not title) over seven smaller NPS
properties.
In exchange, the NPS would gain administrative jurisdiction
over nine properties owned by the District of Columbia and
title to two others. Also, GSA would gain title to five
buildings on the west campus of St. Elizabeth's Hospital in
southeast Washington. Finally, as part of the exchange, the
United States would gain release from all current claims by the
District regarding St. Elizabeth's Hospital, and the District
would cover all costs associated with the relocation of federal
facilities currently located at Poplar Point (headquarters of
the National Capital Parks--East) and at the U.S. Park Police
Anacostia Operations and Helicopter Facility.
CBO estimates that conveying those federal properties to
the District would not affect offsetting receipts from surplus
property sales because the NPS and GSA have no plans for
declaring the affected properties excess to their needs and
selling them. Moreover, the properties generate no significant
receipts that would be lost as a result of the exchange.
Title IV would authorize the District of Columbia or a
federal agency to enter into contracts for the payment of costs
related to the land conveyances, including environmental
cleanup or liability. This title would authorize the District--
a nonfederal entity--to obligate federal funds to remediate any
environmental contamination on the properties to be
transferred. The federal government may be responsible for such
costs under current law, but obligations for this purpose would
be subject to Congressional appropriation actions. Allowing
nonfederal entities to incur obligations for cleanup and
restoration costs outside the federal budget process could
increase or accelerate federal costs for this work.
The extent of contamination on any of the properties to be
exchanged under the bill is unknown, and CBO has no basis for
estimating the future cost of cleanup or restoration. Reports
by the Government Accountability Office (GAO) and the
Environmental Protection Agency indicate that the costs of
previous environmental cleanups of federal properties in the
District of Columbia have ranged widely from more than $100
million at the Spring Valley site of a World War I era U.S.
Army chemical weapons research facility, to $30 million for
environmental remediation and demolition activities at the
Southeast Federal Center site, to tens of thousands of dollars
for most of the formerly used defense sites located throughout
the District.
Based on information from NPS, GSA, and the Office of
Management and Budget, CBO expects that the federal government
and the District of Columbia would each use its existing
authorities to enter into contracts for the cleanup and
restoration of their respective properties after transfer,
subject to the appropriation of the necessary amounts.
S. 1838 also would require GAO to provide a report to
Congress every two years for 10 years on the use and
development of the conveyed property. CBO estimates that the
report would cost less than $500,000 annually.
Estimated impact on State, Local, and Tribal Governments:
S. 1838 contains an intergovernmental mandate as defined in
UMRA because it would terminate certain claims of the District
of Columbia against the United States. CBO estimates that the
cost of this mandate might approach, but probably would not
exceed the threshold established in UMRA ($64 million in 2006,
adjusted annually for inflation). The land exchanges authorized
by this bill generally would benefit the District, and any
costs it would incur to fulfill the conditions of those
exchanges would be incurred voluntarily. The bill would impose
no other costs on any state, local, or tribal governments.
Estimated impact on the private sector: This bill contains
no new private-sector mandates as defined in UMRA.
Previous CBO estimates: On December 27, 2005, CBO
transmitted a cost estimate for H.R. 3699, the Federal and
District of Columbia Real Property Act of 2005, as ordered
reported by the House Committee on Energy and Commerce on
December 15, 2005. On December 12, 2005, CBO transmitted a cost
estimate for H.R. 3699 as ordered reported by the House
Committee on Transportation and Infrastructure on December 7,
2005. On October 12, 2005, CBO transmitted a cost estimate for
H.R. 3699 as ordered reported by the House Committee on
Government Reform on September 29, 2005. The three versions of
the legislation are similar to S. 1838, as are the CBO cost
estimates. The Senate bill contains some additional contract
authorities not included in H.R. 3699. In addition, S. 1838
would require a report by GAO and would convey somewhat
different parcels of land.
Estimate prepared by: Federal costs: Matthew Pickford and
Deborah Reis. Impact on State, Local and Tribal Governments:
Marjorie Miller. Impact on the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VI. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that enactment of this legislation would have no regulatory
impact.
VII. CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, there are no changes to existing
law made by the bill as reported.