99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–673

DIRECTING THE SECRETARY OF ENERGY TO CONVEY A PARCEL OF LAND 

AT THE FACILITY OF THE SOUTHWESTERN POWER ADMINISTRATION IN 

TUPELO, OKLAHOMA

SEPTEMBER 24, 2002.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5109] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 5109) to direct the Secretary of Energy to convey a parcel of 

land at the facility of the Southwestern Power Administration in 

Tupelo, Oklahoma, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. LAND CONVEYANCE, TUPELO, OKLAHOMA. 

(a) CONVEYANCE REQUIRED.—Except as required by subsection (d), the Secretary 

of Energy shall convey, at fair market value, to Rural Enterprises of Oklahoma, Incorporated, all right, title, and interest of the United States in and to a parcel of 

land, and any improvements thereto, consisting of approximately 6.3 acres of the facility of the Southwestern Power Administration in Tupelo, Oklahoma, for use in 

economic development within the service area of the Tri-County Indian Nations 

Community Development Corporation. 

(b) DESCRIPTION OF PARCEL.—The exact acreage and description of the parcel to 

be conveyed under subsection (a) shall be determined by a survey that is satisfactory to the Secretary and to Rural Enterprises of Oklahoma, Incorporated. 

(c) CONDITIONS OF CONVEYANCE.—As conditions of the conveyance under subsection (a), the Secretary shall require that Rural Enterprises of Oklahoma, Incorporated—

(1) agree to honor the terms of any lease of the parcel or portion thereof that 

is in existence on the date of the conveyance; and 

(2) agree to bear the costs of the conveyance, including the cost of the survey 

required by subsection (b) and the appraisal required by subsection (f). 

(d) EASEMENT.—Under the terms of the conveyance of the parcel under subsection 

(a), the Secretary shall retain an easement to the parcel for the purpose of maintaining a sewage connection to the electrical substation and lagoon facility located 

adjacent to the parcel. Such easement shall include telephone and telegraph rights. 

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(e) UNDEPRECIATED VALUE.—The Southwestern Power Administration is authorized to remove the undepreciated value of the facilities conveyed under subsection 

(a) from its repayable investment obligation. 

(f) VALUATION OF LAND TO BE CONVEYED.—The fair market value of the land to 

be conveyed under subsection (a) shall be determined by an appraisal acceptable to 

the Secretary that is conducted by an appraiser agreed upon by the Secretary and 

Rural Enterprises of Oklahoma, Incorporated, and conducted in accordance with—

(1) the Uniform Relocation Assistance and Real Property Acquisition Policies 

Act of 1970 (42 U.S.C. 4601; Public Law 91–646); 

(2) the Uniform Appraisal Standards for Federal Land Acquisition; and 

(3) the Uniform Standards of Professional Appraisal Practice.

PURPOSE OF THE BILL

The purpose of H.R. 5109 is to direct the Secretary of Energy to 

convey a parcel of land at the facility of the Southwestern Power 

Administration in Tupelo, Oklahoma. 

BACKGROUND AND NEED FOR LEGISLATION

Tupelo is a small rural community in Coal County, Oklahoma, 

one of the poorest counties in the State. The site and the buildings 

to be transferred in the bill are unique to the area and are not likely marketable at reconstruction value. 

The parcel of land to be conveyed is about 6.3 acres and includes 

three buildings on the site: an office building (5,520 sq. ft.), an 

open-ended garage (2,160 sq. ft.), and a storage building (288 sq. 

ft.). The Southwestern Power Administration is currently not using 

the property because its maintenance operations were consolidated 

with another facility at Gore, Oklahoma. Currently, the property is 

being temporarily leased to the Tri County Nations Enterprise 

Community. Rural Enterprises of Oklahoma plans to utilize the 

land and facilities to be transferred for incubator businesses. A preliminary appraisal of the property was completed in 1996 based on 

market value. The appraisal indicated a value of approximately 

$57,200. 

COMMITTEE ACTION

H.R. 5109 was introduced on July 11, 2002, by Congressman Wes 

W. Watkins (R–OK). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on Water 

and Power. On September 12, 2002, the Full Resources Committee 

met to mark up the bill. The Subcommittee on Water and Power 

was discharged from further consideration of the bill by unanimous 

consent. Congressman Ken Calvert (R–CA) offered an amendment 

to require fair market value be paid for the land and the facilities 

to be conveyed. The amendment also added at the end of the bill 

new subsections entitled ‘‘Undepreciated Value’’ and ‘‘Valuation of 

Land To Be Conveyed.’’ The amendment was agreed to by unanimous consent. No further amendments were offered and the bill as 

amended was then ordered favorably reported to the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

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CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in tax expenditures. According 

to the Congressional Budget Office, enactment of this bill would result in approximately $65,000 in revenue to the federal government 

in 2003. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 23, 2002. 

Hon. JAMES V. HANSEN, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5109, a bill to direct the 

Secretary of Energy to convey a parcel of land at the facility of the 

Southwestern Power Administration in Tupelo, Oklahoma. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Lisa Cash Driskill. 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

H.R. 5109—A bill to direct the Secretary of Energy to convey a parcel of land at the facility of the Southwestern Power Administration in Tupelo, Oklahoma 

H.R. 5109 would direct the Secretary of Energy to convey approximately 6.3 acres of property in Tupelo, Oklahoma, to the 

Rural Enterprises of Oklahoma. As a condition of the conveyance, 

Rural Enterprises would be required to pay the fair market value 

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of the property, as well as the costs of conveyance and appraisal. 

The property is administered by the Southwestern Power Administration (SWPA). The agency no longer uses the facility and plans 

to refer it to the General Services Administration for disposal. 

CBO estimates that enacting H.R. 5109 would have no significant effect on the federal budget. Based on information from 

SWPA, CBO estimates that the government would receive about 

$65,000 from the sale of the property. According to SWPA, the 

transfer of the title to the property would take place by the end of 

fiscal year 2003. Because enacting H.R. 5109 would affect offsetting 

receipts (a form of direct spending), pay-as-you-go procedures 

would apply, but CBO estimates that the impact on direct spending 

would be negligible. 

H.R. 5109 contains no intergovernmental or new private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Lisa Cash Driskill. 

This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

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