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[Senate Report 112-40]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 117
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-40

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 TO AUTHORIZE THE ADMINISTRATOR OF GENERAL SERVICES TO CONVEY A PARCEL 
      OF REAL PROPERTY IN TRACY, CALIFORNIA, TO THE CITY OF TRACY

                                _______
                                

                 July 28, 2011.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1302]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, which 
considered S. 1302 a bill to authorize the Administrator of 
General Services to convey a parcel of real property in Tracy, 
California, to the City of Tracy, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                       PURPOSE OF THE LEGISLATION

    S. 1302 authorizes the Administrator of General Services to 
convey a parcel of real property in Tracy, California, to the 
City of Tracy.

                    GENERAL STATEMENT AND BACKGROUND

    In 1998, Congress first passed legislation to allow the 
transfer of land located in Tracy, California, from the Federal 
Bureau of Prisons to the City of Tracy, with a stipulation that 
150 of the 200 acres could be used for educational purposes and 
the other 50 acres could be used for economic development. 
Congress then slightly amended the language in two subsequent 
pieces of legislation by, among other things, allowing 150 
acres of the property to be used for education or recreational 
purposes and by allowing the City to purchase the 50 acres 
designated for economic development.
    When plans to use the property for youth sports fields were 
abandoned due to concerns about the presence of high-pressure 
underground natural gas pipelines, the City decided it wanted 
to purchase the remaining 150 acres from GSA and have all 
restrictions on the property removed. S. 1302 authorizes the 
Administrator of GSA to convey the 150 acre parcel to the City 
at a cost of not less than the appraised fair market value. The 
cost of the parcel will be determined by the Administrator of 
GSA pursuant to an independent appraisal, and the City will be 
responsible for reimbursing the Administrator for any costs 
associated with conveyance, including the appraisal and survey. 
As part of the transfer, GSA will convey any reversionary 
interest retained by the United States in the parcel, and all 
other terms, conditions, reservations, and restrictions 
imposed.
    This legislation will allow the City of Tracy to develop 
what is otherwise an unused piece of land and create jobs.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Conveyance of Parcel, Tracy, California

    Subsection (a) contains definitions for terms used in the 
bill.
    Subsection (b) sets the terms of the conveyance including 
the release of any revisionary interest retained by the United 
States in the parcel, as well as all other terms, conditions, 
reservations, and restrictions imposed. This subsection also 
states that the exact acreage and legal description of the 
property shall be determined by a survey that is satisfactory 
to the Administrator.
    Subsection (c) establishes the purchase price at not less 
than the fair market value based on its highest and best use as 
determined by the Administrator pursuant to an independent 
appraisal.
    Subsection (d) states that the City shall be responsible 
for reimbursing the Administrator for costs associated with 
implementing this section.
    Subsection (e) directs that the purchase price be paid into 
the Federal Buildings Fund established under 40 U.S.C. Sec. 592 
and that the funds shall be available to the Administrator in 
amounts specified in appropriations Acts.
    Subsection (f) states that the Administrator may establish 
additional terms and conditions in connection with the 
conveyance.
    Subsection (g) states that nothing in this Act, or any 
amendment made by this Act, affects or limits the application 
of or obligation to comply with any environmental law, 
including section 120(h) of CERCLA.

                          LEGISLATIVE HISTORY

    Senator Boxer introduced S. 1302, a bill to authorize the 
Administrator of General Services to convey a parcel of real 
property in Tracy, California, to the City of Tracy, on June 
29, 2011. The bill was referred to the Senate Committee on 
Environment and Public Works. On July 13, 2011, the Committee 
on Environment and Public Works met to consider S. 1302 and 
ordered the bill to be favorably reported without amendment. A 
companion bill was introduced in the House of Representatives 
on July 6, 2011 by Representative McNerney (D-CA-11).

                                HEARINGS

    There were no hearings held on this bill.

                             ROLLCALL VOTES

    On July 13, 2011, the Committee on Environment and Public 
Works met and considered S. 1302. A quorum of the Committee 
being present, S. 1302 was reported favorably without amendment 
by a voice vote. There were no rollcall votes taken in 
Committee on this bill.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill. The Committee finds 
that this legislation, to authorize the conveyance of real 
property, does not have substantial regulatory impacts.

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act (UMRA) 
of 1995 (Public Law 104-4), the Committee finds that this 
legislation does not impose intergovernmental mandates or 
private sector mandates as those terms are defined in UMRA. The 
Congressional Budget Office concurs, finding that S. 1302 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

                                                     July 22, 2011.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1302, a bill to 
authorize the Administrator of the General Services to convey a 
parcel of real property in Tracy, California, to the city of 
Tracy.
    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.

S. 1302--A bill to authorize the Administrator of the General Services 
        to convey a parcel of real property in Tracy, California, to 
        the city of Tracy

    S. 1302 would direct the General Services Administration 
(GSA) to sell about 150 acres of undeveloped land in Tracy, 
California. The legislation would require the city to pay GSA 
the fair market value of the land's highest and best use as 
determined by GSA. Proceeds from the sale would be deposited in 
the Federal Building Fund and available to GSA, subject to 
future appropriation.
    According to information from GSA and the city of Tracy, 
the 150 acres described in S. 1302 is part of a 200-acre 
conveyance made from the federal government to the city in 
1998. The 1998 conveyance required that the parcel be used for 
recreational or educational purposes. In 2007, the city 
concluded that recreational uses for the property were not 
viable and would like to enter into an agreement with an energy 
company to install solar power equipment on the site.
    CBO estimates that enacting this legislation would have no 
significant net impact on the federal budget because we expect 
that the conveyance will happen in the absence of this 
legislation within the next 10 years. Enacting S. 1302 could 
affect direct spending; therefore, pay-as-you-go procedures 
apply to the legislation, but CBO estimates that the net 
effects would not be significant over the 2012-2021 period. 
Enacting S. 1302 would not affect revenues.
    Under current law, GSA is authorized to sell properties 
that the agency has conveyed to nonfederal entities. Enacting 
S. 1302 may change the timing of the sale of the 150 acres to 
the city, but not the amount of proceeds the government will 
receive.
    S. 1302 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.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.

                                  
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