```

[House Report 113-408]
[From the U.S. Government Publishing Office]

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:

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.

                                  

```