IIB 

111TH CONGRESS 

2D SESSION H. R. 5669 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2010 

Received 

AUGUST 5, 2010 

Read twice and referred to the Committee on Agriculture, Nutrition, and 

Forestry 

AN ACT 

To direct the Secretary of Agriculture to convey certain 

Federally owned land located in Story County, Iowa. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PURPOSES AND DEFINITIONS. 

2 (a) PURPOSES.—The purposes of this Act are— 

3 (1) to direct the conveyance of approximately 

4 44 acres, more or less, of Federally owned land ad5 ministered by the Agricultural Research Service to 

6 the City of Ames, Iowa; and 

7 (2) to authorize the use of the funds derived 

8 from the conveyance to purchase replacement land 

9 and for other purposes relating to the National Ani10 mal Disease Center. 

11 (b) DEFINITIONS.—In this Act: 

12 (1) CITY.—The term ‘‘City’’ means the City of 

13 Ames, Iowa, and its assigns. 

14 (2) PROPERTY.—The term ‘‘Property’’ means 

15 approximately 44 acres, more or less, of the Feder16 ally owned land comprising part of the National Ani17 mal Disease Center, which— 

18 (A) was acquired by the United States in 

19 1951 within sec. 1, T. 83 N., R. 24 W., Fifth 

20 Principal Meridian; and 

21 (B) is generally located on 13th Street in 

22 the City. 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture. 


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1 SEC. 2. PROPERTY CONVEYANCE. 

2 (a) IN GENERAL.—On receipt of the consideration 

3 and cost reimbursement provided in this Act, the Sec4 retary shall convey and quitclaim to the City, all rights, 

5 title, and interests of the United States in the Property 

6 subject to easements and rights of record and such other 

7 reservations, terms, and conditions as the Secretary may 

8 prescribe. 

9 (b) CONSIDERATION.— 

10 (1) IN GENERAL.—As consideration for the con11 veyance authorized by this Act, the City shall pay to 

12 the Secretary an amount in cash equal to the market 

13 value of the Property. 

14 (2) APPRAISAL.— 

15 (A) IN GENERAL.—To determine the mar16 ket value of the Property, the Secretary shall 

17 have the Property appraised for the highest and 

18 best use of the Property in conformity with the 

19 Uniform Appraisal Standards for Federal Land 

20 Acquisitions developed by the Interagency Land 

21 Acquisition Conference. 

22 (B) REQUIREMENTS.—The appraisal shall 

23 be subject to review and approval by the Sec24 retary, and the approved appraisal shall at all 

25 times be the Property of the United States. 


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1 (c) CORRECTIONS.—With the agreement of the City, 

2 the Secretary may make minor corrections or modifica3 tions to the legal description of the Property or configure 

4 the Property to facilitate conveyance. 

5 (d) COSTS.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the City shall at closing pay or reimburse 

8 the Secretary, as appropriate, for the reasonable 

9 transaction and administrative costs incurred by the 

10 Secretary associated with the conveyance authorized 

11 by this Act, including personnel costs directly attrib12 utable to the transaction, and the transactional costs 

13 of appraisal, survey, title review, hazardous sub14 stances examination, and closing costs. 

15 (2) ATTORNEYS FEES.—The City and the Sec16 retary shall each bear their own attorneys fees. 

17 (e) HAZARDOUS MATERIALS.— 

18 (1) IN GENERAL.—For the conveyance author19 ized by this Act, the Secretary shall meet disclosure 

20 requirements for hazardous substances, but shall 

21 otherwise not be required to remediate or abate 

22 those substances or any other hazardous pollutants, 

23 contaminants, or waste that might be present on the 

24 Property at the time of closing. 


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1 (2) LEAD-BASED PAINT OR ASBESTOS-CON2 TAINING BUILDING MATERIALS.— 

3 (A) IN GENERAL.—Notwithstanding any 

4 provision of law relating to the mitigation or 

5 abatement of lead-based paint or asbestos-con6 taining building materials and except as pro7 vided in subparagraph (B), the Secretary shall 

8 not be required to mitigate or abate any lead9 based paint or asbestos-containing building ma10 terials present on the Property at the time of 

11 closing. 

12 (B) REQUIREMENTS.—If the Property has 

13 lead-based paint or asbestos-containing building 

14 materials, the Secretary shall— 

15 (i) provide notice to the City of the 

16 presence of the lead-based paint or asbes17 tos-containing building materials; and 

18 (ii) obtain written assurance from the 

19 City that the City will comply with applica20 ble Federal, State, and local laws relating 

21 to the management of the lead-based paint 

22 and asbestos-containing building materials. 

23 (f) OTHER TERMS.—The Secretary and the City may 

24 agree on such additional terms as may be mutually acceptVerDate Mar 15 2010 08:43 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5669.RFS H5669

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1 able and that are not inconsistent with the provisions of 

2 this Act. 

3 SEC. 3. RECEIPTS. 

4 (a) IN GENERAL.—The Secretary shall deposit all 

5 funds received from the conveyance authorized under this 

6 Act, including the market value consideration and the re7 imbursement for costs, into the Treasury of the United 

8 States to be credited to the appropriation for the Agricul9 tural Research Service. 

10 (b) USE OF FUNDS.—Notwithstanding any limitation 

11 in applicable appropriation Acts for the Department of 

12 Agriculture or the Agricultural Research Service, all funds 

13 deposited into the Treasury pursuant to subsection (a) 

14 shall— 

15 (1) be available to the Secretary until expended, 

16 without further appropriation, for the acquisition of 

17 land and interests in land and other related pur18 poses of the National Animal Disease Center; and 

19 (2) be considered to authorize the acquisition of 

20 land for the purposes of section 11 of the Act of Au21 gust 3, 1956 (7 U.S.C. 428a). 

22 SEC. 4. STATUTORY PAY-AS-YOU-GO LANGUAGE. 

23 The budgetary effects of this Act, for the purpose of 

24 complying with the Statutory Pay-As-You-Go Act of 2010, 

25 shall be determined by reference to the latest statement 


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1 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

2 Act, submitted for printing in the Congressional Record 

3 by the Chairman of the House Budget Committee, pro4 vided that such statement has been submitted prior to the 

5 vote on passage. 

Passed the House of Representatives July 28, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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