[House Report 110-145]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-145
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CONVEYANCE OF GSA FLEET MANAGEMENT CENTER TO ALASKA RAILROAD
CORPORATION
_______
May 10, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1036]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1036) to authorize the
Administrator of General Services to convey a parcel of real
property to the Alaska Railroad Corporation, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE OF THE LEGISLATION
H.R. 1036 authorizes the Administrator of General Services
to convey a parcel of real property, known as the General
Services Administration (GSA) Fleet Management Center, to the
Alaska Railroad Corporation, an entity of the State of Alaska.
BACKGROUND AND NEED FOR LEGISLATION
The bill authorizes the Administrator of General Services
to convey a parcel of real property to the Alaska Railroad
Corporation, an entity of the State of Alaska. Subject to the
requirements of this bill, the Administrator shall convey, by
quitclaim deed, to the Alaska Railroad Corporation, all right,
title, and interest of the United States in and to the parcel
of real property known as the GSA Fleet Management Center. The
GSA Fleet Management Center is a 78,000-square-foot parcel of
real property located at the intersection of 2nd Avenue and
Christensen Avenue in Anchorage, Alaska. As consideration for
the property, the Administrator shall require the Corporation
to either convey a replacement facility to GSA or pay the fair
market value of the property based on its highest and best use
as determined by an independent appraisal commissioned by the
Administrator and paid for by the Alaska Railroad Corporation.
All proceeds derived from any payment for the property will be
deposited in the Federal Buildings Fund.
SUMMARY OF THE LEGISLATION
Section 1. Conveyance of GSA Fleet Management Center to Alaska Railroad
Corporation.
Subsection (a) directs the Administrator of General
Services to convey, by quitclaim deed, not later than two years
after the date of enactment of this Act, to the Alaska Railroad
Corporation, all right, title, and interest of the United
States in and to a parcel of real property known as the GSA
Fleet Management Center.
Subsection (b) identifies the location of the parcel of
land. The 78,000-square-foot parcel is located at the
intersection of 2nd Avenue and Christensen Avenue, Anchorage,
Alaska.
Subsection (c) provides the consideration that the Federal
Government shall receive to convey the property. As
consideration for the property, the Administrator shall require
the Corporation to either convey a replacement facility to GSA
or pay the fair market value of the property based on its
highest and best use as determined by an independent appraisal
commissioned by the Administrator and paid for by the Alaska
Railroad Corporation.
Subsection (d) provides that, if an appraisal is required
to determine the fair market value of the GSA Fleet Management
Center parcel of property, the appraisal shall be performed by
an appraiser who is mutually acceptable to the Administrator
and the Alaska Railroad Corporation.
Subsection (e) directs that all proceeds derived from any
payment for the property will be deposited in the Federal
Buildings Fund. The Administrator may use such funds for
authorized activities upon written notice to the Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works.
Subsection (f) states the Administrator may require such
additional terms and conditions to the conveyance as the
Administrator considers appropriate to protect the interests of
the United States.
Subsection (g) provides that the exact acreage and legal
description of the parcels to be conveyed be determined by
surveys satisfactory to the Administrator and the Alaska
Railroad Corporation.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
In the 109th Congress, then-Chairman Young introduced H.R.
6026, which directed the Administrator of General Services to
convey a parcel of real property to the Alaska Railroad
Corporation in exchange for replacement property and other
consideration. On July 31, 2006, the bill was referred to the
Subcommittee on Economic Development, Public Buildings and
Emergency Management. No further action was taken.
On February 13, 2007, Rep. Don Young introduced H.R. 1036,
which directs the Administrator of General Services to convey a
parcel of real property to the Alaska Railroad Corporation in
exchange for replacement property and other consideration.
On March 1, 2007, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1036. The
Committee on Transportation and Infrastructure ordered the bill
reported favorably to the House by voice vote.
RECORD VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
1036 reported. A motion to order H.R. 1036 reported favorably
to the House was agreed to by voice vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(I) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
COST OF LEGISLATION
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize the Administrator of General Services to convey a
parcel of property to the Alaska Railroad Corporation.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 1036
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 9, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1036, a bill to
authorize the Administrator of General Services to convey a
parcel of property to the Alaska Railroad Corporation.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 1036--A bill to authorize the Administrator of General Services to
convey a parcel of property to the Alaska Railroad Corporation
H.R. 1036 would require the Administrator of the General
Services Administration (GSA) to convey within two years the
GSA Fleet Management Center located in Anchorage, Alaska, to
the Alaska Railroad Corporation. The corporation is owned by
the state of Alaska. The legislation would require that the
Alaska Railroad Corporation pay fair market value for the site
(approximately $2 million) or provide a replacement facility.
Proceeds from the sale would be deposited in GSA's Federal
Buildings Fund and could be spent on any authorized activities
without further appropriation action. Because of that new
spending authority, CBO estimates that enacting the bill would
increase direct spending by $2 million in 2010 or 2011. The
legislation would not affect revenues.
Under current practice, GSA has used the authorities
granted in the Consolidated Appropriations Act, 2005 (Public
Law 108-447) to retain and spend proceeds from real property
sales, subject to appropriation action. Based on information
from GSA and the railroad, CBO expects that this property would
be sold under current law in 2010 or 2011; the legislation
would accelerate that process and would allow spending of the
proceeds, which could not occur under current law without
appropriation action. Thus, CBO estimates that enacting H.R.
1036 would result in a shift of $2 million in receipts from
2010 or 2011 to 2008 and additional direct spending (from those
receipts) in 2008. As a result, net outlays in 2008 would be
unchanged, but direct spending outlays in 2010 or 2011 would
increase by $2 million because of the decrease in offsetting
receipts in that year.
H.R. 1036 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act; any
costs to the state of Alaska would be incurred voluntarily.
The CBO staff contact is Matthew Pickford. This estimate
was approved by Robert A. Sunshine, Assistant Director for
Budget Analysis.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 1036 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1036 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1036 makes no changes in existing law.