[House Report 113-408]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-408
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ALBUQUERQUE, NEW MEXICO, FEDERAL LAND CONVEYANCE ACT OF 2014
_______
April 9, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3998]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3998) to authorize the
Administrator of General Services to convey a parcel of real
property in Albuquerque, New Mexico, to the Amy Biehl High
School Foundation, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation, as Amended........... 6
Changes in Existing Law made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Albuquerque, New Mexico, Federal Land
Conveyance Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Federal land.--The term ``Federal land'' means the real
property, including any improvements thereon, located in
Albuquerque, New Mexico, that, as determined by the
Administrator, subject to survey, generally consists of lots 12
through 19, and for the westerly boundary, the portion of
either lot 19 or 20 which is the outside west wall of the
basement level of the Old Post Office building, and which has a
municipal address of 123 Fourth Street, SW., in Block 18, New
Mexico Town Company's Original Townsite, Albuquerque, New
Mexico.
(3) Foundation.--The term ``Foundation'' means the Amy Biehl
High School Foundation.
SEC. 3. CONVEYANCE OF REAL PROPERTY IN ALBUQUERQUE, NEW MEXICO, TO THE
AMY BIEHL HIGH SCHOOL FOUNDATION.
(a) Conveyance.--Notwithstanding any other provision of law, not
later than 90 days after the date of enactment of this Act, the
Administrator shall offer to convey to the Foundation, by quitclaim
deed, all right, title, and interest of the United States in and to the
Federal land.
(b) Consideration.--As consideration for conveyance of the Federal
land under subsection (a), the Administrator shall require the
Foundation to pay to the Administrator consideration in an amount equal
to the fair market value of the Federal land, as determined based on an
appraisal that is acceptable to the Administrator.
(c) Costs of Conveyance.--The Foundation shall be responsible for
paying--
(1) the costs of an appraisal conducted under subsection (b);
and
(2) any other costs relating to the conveyance of the Federal
land under this Act.
(d) Proceeds.--
(1) Deposit.--Net proceeds received under subsection (b)
shall be paid into the Federal Buildings Fund established under
section 592 of title 40, United States Code.
(2) Expenditure.--Amounts paid into the Federal Buildings
Fund under paragraph (1) shall be available to the
Administrator, in amounts specified in appropriations Acts, for
expenditure for any lawful purpose consistent with existing
authorities granted to the Administrator.
(e) Additional Terms and Conditions.--The Administrator may require
that any conveyance under subsection (a) be subject to such additional
terms and conditions as the Administrator considers appropriate to
protect the interests of the United States.
(f) Deadline.--The conveyance of the Federal land under this Act
shall occur not later than 3 years after the date of enactment of this
Act.
PURPOSE OF LEGISLATION
H.R. 3998, the Albuquerque, New Mexico, Federal Land
Conveyance Act of 2014, as amended, would authorize the
Administrator of General Services to convey a parcel of real
property in Albuquerque, New Mexico, to the Amy Biehl High
School Foundation.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3998, as amended, would authorize the General Services
Administration (GSA) to transfer ownership of the historic post
office located in Albuquerque, New Mexico, to the Amy Biehl
High School Foundation, for compensation equal to the fair
market value of the property.
Amy Biehl High School, a public charter school, has been
located in the building since 2006 and currently has a 20 year
lease with an option to extend. GSA receives nominal rent and
the Foundation has invested funds to renovate and restore the
building for use as a school. As a result, GSA has determined
that the cost of managing the facility exceeds profits from the
lease and that there is no federal use for the building.
HEARINGS
No hearings were held on H.R. 3998.
LEGISLATIVE HISTORY AND CONSIDERATION
On February 5, 2014, Representative Michelle Lujan Grisham
(D-NM) introduced H.R. 3998, the Albuquerque, New Mexico,
Federal Land Conveyance Act of 2014.
On March 13, 2014, the Committee on Transportation and
Infrastructure met in open session. The Committee considered
one amendment offered by Representative Lou Barletta (R-PA).
The amendment was adopted by voice vote. The Committee ordered
H.R. 3998, as amended, reported favorably to the House by voice
vote with a quorum present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules 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 record votes taken in connection
with consideration of H.R. 3998, as amended, or ordering the
measure reported. A motion to order H.R. 3998, as amended,
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)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
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.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
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. 3998, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 21, 2014.
Hon. Bill Shuster,
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. 3998, the
Albuquerque, New Mexico, Federal Land Conveyance Act of 2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3998--Albuquerque, New Mexico, Federal Land Conveyance Act of 2014
The bill would direct the General Services Administration
(GSA) to sell a federal property in downtown Albuquerque, New
Mexico, to the Amy Biehl High School Foundation for its fair
market value. CBO estimates that enacting the legislation would
increase offsetting receipts, a credit against direct spending;
therefore, pay-as-you-go procedures apply. We estimate that the
net offsetting receipts from the sale would be negligible.
Enacting H.R. 3998 would not affect revenues.
H.R. 3998 would authorize GSA to sell an historic post
office and courthouse in downtown Albuquerque, New Mexico. The
legislation would require the designated purchaser to cover any
federal administrative costs associated with the sale. Proceeds
from the sale--probably about $50,000--would be deposited in
the Federal Buildings Fund and would be available to GSA,
subject to future appropriation. In addition, GSA currently
receives about $1,200 a year under a 60-year lease to the
foundation. By selling the property, the government would forgo
those receipts in future years.
H.R. 3998 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On February 20, 2014, CBO transmitted a cost estimate for
S. 898, the Albuquerque, New Mexico, Federal Land Exchange
Conveyance Act of 2013, as ordered reported by the Senate
Committee on Environment and Public Works. Both bills contain
similar provisions, and their estimated costs are the same.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation, as amended,
is to authorize the Administrator of General Services to convey
a parcel of real property in Albuquerque, New Mexico to the Amy
Biehl High School Foundation.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R. 3998, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that enacting H.R. 3998, as amended,
does not specifically direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
FEDERAL MANDATE 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. 3998, as amended,
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, as amended.
APPLICABILITY OF LEGISLATIVE BRANCH
The Committee finds that the legislation, as amended, 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).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION, AS AMENDED
Section 1. Short title
Section 1 establishes the short title of the bill as the
``Albuquerque, New Mexico, Federal Land Conveyance Act of
2014''.
Section 2. Definitions
Section 2 defines the term ``Administrator'' as the
``Administrator of General Services'' and ``Federal Land'' as
the real property, including improvements, that generally
consists of lots 12 through 19, and for the westerly boundary,
the portion of either lot 19 or 20 which is the outside west
wall of the basement level of the Old Post Office building, and
which has a municipal address of 123 Fourth Street, SW, in
Block 18, New Mexico Town Company's Original Townsite,
Albuquerque, New Mexico. The section also defines
``Foundation'' and the ``Amy Biehl High School Foundation.''
Section 3. Conveyance of real property in Albuquerque, New Mexico, to
the Amy Biehl High School Foundation
Section 3 directs the Administrator, not later than 90 days
after the date of enactment, to offer to convey to the
Foundation, by quitclaim deed, all right, title, and interest
of the United States in and to the federal land for fair market
value based on an appraisal acceptable to the Administrator.
Section 3 also requires the Foundation to pay for the cost of
the appraisal and any other costs associated with the
conveyance. The section also directs that the net proceeds from
the conveyance be deposited into the Federal Buildings Fund and
makes those funds available subject to appropriations. This
section also allows the Administrator to set other terms and
conditions as appropriate to protect the interests of the
United States and provides a deadline of three years for the
conveyance.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3998, as amended, makes no changes in existing law.