I 

115TH CONGRESS 

2D SESSION H. R. 5328 

To authorize the return of surplus property, including Federal land, to the 

government of Guam, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2018 

Ms. BORDALLO introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Oversight and Government Reform, and Armed Services, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the return of surplus property, including Federal land, to the government of Guam, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guam Land Return 

5 Act of 2018’’. 


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1 SEC. 2. RETURN OF SURPLUS PROPERTY, INCLUDING FED2 ERAL LAND, TO GUAM. 

3 (a) IN GENERAL.—The Administrator of General 

4 Services is authorized to transfer to the government of 

5 Guam all right, title, and interest of the United States 

6 in and to surplus property located on Guam by quitclaim 

7 deed and without reimbursement, to compensate for unre8 imbursed impact expenses claimed on behalf of Guam pur9 suant to section 104(e)(9) of the Compact of Free Asso10 ciation Amendments Act of 2003 (48 U.S.C. 1921c(e)(9)). 

11 Such transfers of surplus property shall be in accordance 

12 with— 

13 (1) subtitle I of title 40, United States Code; 

14 (2) Public Law 103–339 (commonly known as 

15 the ‘‘Guam Excess Lands Act’’); and 

16 (3) Public Law 106–504 (commonly known as 

17 the ‘‘Guam Omnibus Opportunities Act’’), except 

18 paragraphs (1) and (2)(D) of section 1(b) of such 

19 Act. 

20 (b) TERRITORIAL NOTIFICATION.—The Adminis21 trator shall notify the Governor of Guam when any surplus 

22 property becomes available under this section. 

23 (c) TRANSFER.—If within 90 days after receiving no24 tification under subsection (b) the Governor notifies the 

25 Administrator that the territorial government intends to 


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1 acquire the surplus property, the Administrator shall 

2 transfer such property pursuant to this section. 

3 (d) TERMS AND CONDITIONS.— 

4 (1) REQUIREMENTS FOR TRANSFER.—Trans5 fers of surplus property authorized by this section 

6 shall take place after— 

7 (A) the Administrator completes an ap8 praisal determining the estimated fair-market 

9 value of the surplus property, the cost of which 

10 shall be paid for in accordance with section 

11 571(b) of title 40, United States Code; and 

12 (B) the Governor submits to the Adminis13 trator and the Delegate to the House of Rep14 resentatives from Guam a detailed plan for the 

15 future use of such surplus property and makes 

16 such plan available on a public government 

17 website. 

18 (2) NAVIGABLE AIRSPACE.—The conveyance 

19 document for any surplus property that is real prop20 erty transferred under this section located in a 6- 

21 mile radius of an airport shall contain a provision 

22 that requires a determination by the Federal Avia23 tion Administration that no interference to air navi24 gation exists in accordance with regulations set forth 

25 in subparts I and III of part A of subtitle VII of 


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1 title 49, United States Code, in order for construc2 tion or alteration on the property to be permitted. 

3 (e) SEVERE CONTAMINATION.—Notwithstanding any 

4 other provision of this Act, the Administrator may choose 

5 not to transfer any surplus property under this section on 

6 which there is severe contamination, the remedy of which 

7 would require the United States to incur extraordinary 

8 costs. 

9 (f) SUPPLEMENT, NOT SUPPLANT.—The fair-market 

10 value, appraised or otherwise estimated, of any surplus 

11 property transferred to the government of Guam under 

12 this section shall be used to supplement and not supplant 

13 other Federal funds provided to the government of Guam 

14 as compensation or reimbursement for costs or impact ex15 penses incurred by that affected jurisdiction pursuant 

16 to— 

17 (1) section 104(e)(6) of the Compact of Free 

18 Association Act of 1985 (48 U.S.C. 1904(e)(6)); 

19 (2) section 104(e)(3) and section 104(e)(6) of 

20 the Compact of Free Association Amendments Act 

21 of 2003; and 

22 (3) any other impact aid provided to the gov23 ernment of Guam under any other authority. 

24 (g) NET-NEGATIVE LAND TRANSFERS.—Land par25 cels (or the value thereof) included in the inventory under 


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1 section (3) and transferred by the Secretary of Defense 

2 to the government of Guam shall not be counted— 

3 (1) as compensation or reimbursement by the 

4 Federal Government for costs or impact expenses in5 curred by the territorial government; or 

6 (2) for compensation by the Federal Govern7 ment for unreimbursed impact expenses pursuant to 

8 subsection (a). 

9 SEC. 3. DOD NET-NEGATIVE INVENTORY OF GUAM LAND 

10 PARCELS. 

11 (a) NET-NEGATIVE INVENTORY OF LAND PAR12 CELS.—The Secretary of Defense shall maintain and up13 date regularly an inventory of all land parcels located on 

14 Guam currently owned by the United States Government 

15 and administered by the Department of Defense which the 

16 Secretary expects to transfer to the territorial government, 

17 specifying for each parcel— 

18 (1) the approximate size of the parcel; 

19 (2) an estimate of the fair market value of the 

20 parcel, if available or as practicable; 

21 (3) the branch of the armed forces with juris22 diction or operational control over the parcel; 

23 (4) the specific legal authority under which the 

24 Secretary will transfer the parcel to the territorial 

25 government; and 


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1 (5) the date by which the Secretary expects to 

2 transfer the parcel to the territorial government, 

3 lease the parcel to the territorial government prior 

4 to final transfer, or otherwise designate the parcel as 

5 excess property or surplus property and then trans6 fer to the territorial government. 

7 (b) PARCELS REQUIRED TO BE INCLUDED.— 

8 (1) PARCELS INCLUDED IN 2017 NET NEGATIVE

9 REPORT.—The Secretary shall include in the inven10 tory under this section each of the following parcels, 

11 as described in the 2017 Net Negative Report: 

12 (A) The Tanguisson Power Plant (5 

13 acres), listed as Site 14 in the Report. 

14 (B) The Harmon Substation Annex (9.9 

15 acres), listed as Site 15 in the Report. 

16 (C) The Piti Power Plant and Substation 

17 (15.5 acres), listed as Site 38 in the Report. 

18 (D) Apra Heights Lot 403–1 (0.5 acres), 

19 listed as Site 55 in the Report. 

20 (E) The Agana Power Plant and Sub21 station (5.9 acres), listed as Site 54 in the Re22 port. 

23 (F) The ACEORP Maui Tunnel-Tamuning 

24 Route 1 behind Old Telex (3.7 acres), listed as 

25 Site 23 in the Report. 


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1 (G) The Parcel South of Camp Covington, 

2 Parcel 7 (60.8 acres), listed as Site 49 in the 

3 Report. 

4 (H) The NCTS Beach Lot, adjacent to the 

5 Tanguisson Power Plant (13.3 acres), listed as 

6 Site 13 in the Report. 

7 (I) The Hoover Park Annex (also known 

8 as ‘‘Old USO Beach’’; 6 acres), listed as Site 

9 37 in the Report. 

10 (J) Parcel ‘‘C’’ Marbo Cave Annex (5 

11 acres), listed as Site 12 in the Report. 

12 (2) OTHER PARCELS.—In addition to the par13 cels specified in paragraph (1), the Secretary shall 

14 include in the inventory under this section each of 

15 the following parcels: 

16 (A) The Marbo school site (80 acres), cur17 rently under reversion to the Department of 

18 Education but expected to be transferred to the 

19 Department of the Navy (within Andersen 

20 South Annex). 

21 (B) The Dandan property (159.12 acres), 

22 formerly the Apollo Tracking Station operated 

23 by the National Aeronautics and Space Admin24 istration. 


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1 (C) The Urunao property (69.19 acres) at 

2 Andersen Air Force Base (Northwest Field), 

3 from the west side of Route 3A to the cliff line. 

4 (D) The Naval Water Treatment Plant 

5 (8.79 acres) and associated water and waste6 water treatment utility systems at Naval Base 

7 Guam (Ordnance Annex/Naval Magazine). 

8 (E) The following future photovoltaic sites 

9 along Route 1, currently under lease to the 

10 Guam Power Authority: 

11 (i) The Harmon Annex (4 acres). 

12 (ii) The Harmon Booster Station 

13 (5.59 acres), listed as Site 16 in the 2017 

14 Net Negative Report. 

15 (iii) The former Tumon Tank Farm 

16 (23.77 acres), listed as Site 17 in the 2017 

17 Net Negative Report. 

18 (3) DEFINITION.—In this section, the term 

19 ‘‘2017 Net Negative Report’’ means the report sub20 mitted by the Secretary of the Navy, on behalf of 

21 the Secretary of Defense, under section 2208 of the 

22 National Defense Authorization Act for Fiscal Year 

23 2017 (Public Law 114–328; 130 Stat. 2695) regard24 ing the status of the implementation of the ‘‘net 

25 negative’’ policy regarding the total number of acres 


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1 of the real property controlled by the Department of 

2 the Navy or the Department of Defense on Guam. 

3 (c) PETITION FOR PLACEMENT OF ADDITIONAL PAR4 CELS IN INVENTORY.— 

5 (1) MECHANISM FOR PETITION.—The Secretary 

6 shall establish a formal mechanism under which the 

7 Governor of Guam may petition the Secretary to add 

8 parcels to the inventory maintained under this sec9 tion. 

10 (2) SPECIFICATION OF PUBLIC BENEFIT

11 USES.—The Governor shall specify in any petition 

12 under this subsection any public benefit uses pro13 posed by the Governor for the parcel involved. 

14 (d) EXCLUSION OF PARCELS.—The Secretary shall 

15 not include in the inventory maintained under this section 

16 any parcel transferred to the government of Guam prior 

17 to the date of the enactment of this Act, without regard 

18 to whether or not the parcel is included in paragraph (1) 

19 or paragraph (2) of subsection (b). 

20 (e) PUBLIC NOTIFICATION.—The Secretary shall 

21 publish and update on a public website of the Department 

22 of Defense the following information: 

23 (1) The inventory maintained under subsection 

24 (a), including the parcels required to be included in 

25 such inventory under subsection (b). 


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1 (2) All petitions filed by the Governor under the 

2 mechanism established under subsection (c) (includ3 ing any proposed public benefit use specified in any 

4 such petition). 

5 (3) A description of each parcel of land trans6 ferred by the Secretary to the territorial government 

7 after January 20, 2011, including the following: 

8 (A) The approximate size of the parcel. 

9 (B) An estimate of the fair market value 

10 of the parcel, if available or as practicable. 

11 (C) The specific legal authority under 

12 which the Secretary transferred the parcel to 

13 the territorial government. 

14 (D) The date the transfer of the parcel 

15 was completed. 

16 SEC. 4. REPEAL OF CONDITIONS ON CONVEYANCE OF CER17 TAIN LANDS BY GUAM. 

18 (a) IN GENERAL.—Section 818(b)(2) of the Military 

19 Construction Authorization Act, 1981 (Public Law 96– 

20 418; 94 Stat. 1782) is hereby repealed and shall have no 

21 force or effect. 

22 (b) EXECUTION OF INSTRUMENTS.—The Adminis23 trator and the Secretary shall execute all instruments nec24 essary to implement this section. 


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1 SEC. 5. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of General Serv5 ices. 

6 (2) GOVERNOR.—The term ‘‘Governor’’ means 

7 the Governor of the territory of Guam. 

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

9 the Secretary of Defense. 

10 (4) SURPLUS PROPERTY.—The term ‘‘surplus 

11 property’’ has the meaning given that term in sec12 tion 102 of title 40, United States Code. 

13 (5) TERRITORIAL GOVERNMENT.—The term 

14 ‘‘territorial government’’ means the government of 

15 Guam established under the Organic Act of Guam 

16 (48 U.S.C. 1421 et seq.). 

Æ 


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