39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–408 

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: 


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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 manVerDate Mar 15 2010 01:01 Apr 12, 2014 Jkt 039006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR408.XXX HR408

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aging 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: 


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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-asyou-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. 


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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). 


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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. 

Æ 


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