[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.

                                  
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