II 

108TH CONGRESS 

1ST SESSION S. 1788

To amend title 40, United States Code, to authorize the Administrator of 

General Services to lease and redevelop certain Federal property on 

the Denver Federal Center in Lakewood, Colorado. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2003

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Governmental Affairs 

A BILL

To amend title 40, United States Code, to authorize the 

Administrator of General Services to lease and redevelop 

certain Federal property on the Denver Federal Center 

in Lakewood, Colorado.

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 shall be cited as the ‘‘Denver Federal Center 

5 Redevelopment Act’’. 
2

•S 1788 IS 

1 SEC. 2. DENVER FEDERAL CENTER DEVELOPMENT AU2 THORITY. 

3 Part C of subtitle II of title 40, United States Code, 

4 is amended by adding at the end the following new chap5 ter: 

6 ‘‘CHAPTER 71. DENVER FEDERAL CENTER 

7 DEVELOPMENT 

8 ‘‘§ 7101. Master Lease Development Authority 

9 ‘‘(a) IN GENERAL.—The Administrator of General 

10 Services may enter into leases of Federal real property, 

11 including improvements thereon, with totally non-Federal 

12 entities to provide for the construction, rehabilitation, op13 eration, maintenance, or use of all, or portions of, the 

14 Denver Federal Center as described in section 7106, or 

15 such other activities related to the Denver Federal Center 

16 as the Administrator considers appropriate. For purposes 

17 of this chapter, a lease of Federal real property, including 

18 improvements thereon, shall be referred to as a master 

19 lease. 

20 ‘‘(b) TERMS AND CONDITIONS.—A master lease en21 tered into under this section—

22 ‘‘(1) shall have as its primary purpose enhanc23 ing the value of the Denver Federal Center to the 

24 United States; 

25 ‘‘(2) shall be negotiated pursuant to such proce26 dures as the Administrator considers necessary to 
3

•S 1788 IS 

1 ensure the integrity of the selection process and to 

2 protect the interests of the United States; 

3 ‘‘(3) may provide a lease option to the United 

4 States, to be exercised at the discretion of the Ad5 ministrator, to occupy any general purpose office, 

6 storage or other usable space in a facility covered 

7 under the master lease; 

8 ‘‘(4) shall be for a term not to exceed 50 years; 

9 ‘‘(5) shall describe the consideration, duties and 

10 responsibilities for which the United States and the 

11 non-Federal entity are responsible; 

12 ‘‘(6) shall provide—

13 ‘‘(A) that all development risk shall remain 

14 with the non-Federal entity; 

15 ‘‘(B) that the United States will not be lia16 ble for any action, debt or liability of any non17 Federal entity; and 

18 ‘‘(C) that such non-Federal entity may not 

19 execute any instrument or document creating or 

20 evidencing any indebtedness unless such instru21 ment or document specifically disclaims any li22 ability of the United States under the instru23 ment or document; and 

24 ‘‘(7) shall include such other terms and condi25 tions as the Administrator considers appropriate. 
4

•S 1788 IS 

1 ‘‘(c) CONSIDERATION.—A master lease entered into 

2 under this section shall be for fair consideration, as deter3 mined by the Administrator. Consideration under a master 

4 lease may be provided in whole or in part through in-kind 

5 consideration, including provision of other real and related 

6 property, goods or services of benefit to the United States, 

7 construction, repair, remodeling, or other physical im8 provements of Federal property, environmental remedi9 ation or maintenance of Federal property, or the provision 

10 of office, storage or other usable space. 

11 ‘‘§ 7102. Additional Authorities 

12 ‘‘(a) AUTHORITY TO CONVEY REMAINING INTER13 ESTS.—In carrying out a master lease entered into under 

14 this chapter, the Administrator is authorized to convey the 

15 interest of the United States in the property covered by 

16 the master lease to the non-Federal entity by sale or ex17 change, if the Administrator first determines in writing 

18 that such conveyance is in the interests of the United 

19 States; 

20 ‘‘(b) OTHER AUTHORITIES NOT AFFECTED.—The 

21 authority to enter into a master lease under this chapter 

22 shall be in addition to, and not in lieu of, any other au23 thorities of the Administrator to convey interests in real 

24 property by lease, sale, or exchange. 
5

•S 1788 IS 

1 ‘‘(c) OBLIGATIONS TO MAKE PAYMENTS.—Any obli2 gation to make payments by the Administrator for the use 

3 of space, goods or services by the General Services Admin4 istration on property that is subject to a master lease 

5 under this chapter may only be made to the extent that 

6 necessary funds have been made available to the Adminis7 trator, in advance, in an annual appropriations Act. 

8 ‘‘§ 7103. Relationship to Other Laws 

9 ‘‘(a) IN GENERAL.—The authority of the Adminis10 trator under this chapter shall not be subject to—

11 ‘‘(1) sections 521 through 529 and sections 541 

12 through 559; 

13 ‘‘(2) section 1302; 

14 ‘‘(3) section 3307; or 

15 ‘‘(4) any other provision of law (other than 

16 Federal laws relating to environmental and historic 

17 preservation) inconsistent with this chapter. 

18 ‘‘(b) UNUTILIZED OR UNDERUTILIZED PROPERTY.—

19 Any property covered under a master lease entered into 

20 under this section shall be deemed to be property for which 

21 there is a continuing Federal need and may not be consid22 ered to be unutilized or underutilized for purposes of sec23 tion 501 of the McKinney-Vento Homeless Assistance Act 

24 (42 U.S.C. 11411).
6

•S 1788 IS 

1 ‘‘§ 7104. Use of Proceeds 

2 ‘‘(a) IN GENERAL.—Net proceeds from a master 

3 lease entered into under section 7101 shall be deposited 

4 into, administered, and expended, subject to appropria5 tions Acts, as part of the Federal Building Fund estab6 lished under section 592. In this section, the term ‘net 

7 proceeds from a master lease entered into under section 

8 7101’ means the rental proceeds from the master lease 

9 minus the expenses incurred by the Administrator with re10 spect to the master lease. 

11 ‘‘(b) RECOVERY OF EXPENSES.—The Administrator 

12 may retain from the proceeds of a master lease entered 

13 into under section 7101 amounts necessary to recover the 

14 expenses incurred by the Administrator with respect to the 

15 master lease. Such amounts shall be deposited in the ac16 count in the Treasury from which the Administrator in17 curs such expenses. 

18 ‘‘§ 7105. Reporting Requirements 

19 ‘‘(a) IN GENERAL.—Before entering into a master 

20 lease under section 7101, the Administrator of General 

21 Services shall transmit to the appropriate committees of 

22 Congress a report on the proposed development and mas23 ter lease of the Denver Federal Center not less than 30 

24 days before the award of a master lease. 

25 ‘‘(b) CONTENTS.—A report transmitted under this 

26 section shall include a summary of a cost-benefit analysis 
7

•S 1788 IS 

1 of the proposed development and a description of the pro2 visions of the proposed master lease. 

3 ‘‘§ 7106. Description of the Denver Federal Center 

4 ‘‘As used in this chapter, the term ‘Denver Federal 

5 Center’ means a parcel of land, located in section 9 and 

6 in the East half of the East half of the East half Section 

7 8, Township 4 South, Range 69 West of the Sixth Prin8 cipal Meridian, being more particularly described as fol9 lows: 

10 ‘‘Commencing at the northeast corner of said 

11 section 9; 

12 ‘‘thence S76°38′34′′W a distance of 779.20 feet 

13 to a point on the southerly right-of-way line of West 

14 6th Avenue being also the true point of beginning; 

15 ‘‘thence S45°23′16′′E a distance of 932.42 feet 

16 to a point on the westerly right-of-way line of Kip17 ling Street; 

18 ‘‘thence along the westerly right-of-way line of 

19 said Kipling Street the following three courses: 

20 ‘‘thence S00°23′16′′E, a distance of 

21 1806.59 feet; 

22 ‘‘thence S00°23′04′′E, a distance of 

23 2341.02 feet; 
8

•S 1788 IS 

1 ‘‘thence S44°37′45′′W, a distance of 

2 355.19 feet to a point on the northerly right3 of-way line of West Alameda Avenue; 

4 ‘‘thence along the northerly right-of-way line of 

5 said West Alameda Avenue the following three 

6 courses: 

7 ‘‘thence S89°23′50′′W, a distance of 

8 2298.81 feet; 

9 ‘‘thence S89°24′08′′W, a distance of 

10 2544.90 feet to a point of tangent curve; 

11 ‘‘thence along said curve to the left an arc 

12 distance of 475.81 feet, having a central angle 

13 of 11°38′25′′, a radius of 2342.00 feet and a 

14 chord bearing of S83°31′57′′W, a chord dis15 tance of 474.99 feet to a point on the south line 

16 of the southeast quarter of said section 8; 

17 ‘‘thence S89°37′30′′W, along the said south 

18 line, a distance of 296.29 feet to a point on the 

19 westerly line of the east half of the east half of the 

20 east half of said section 8; 

21 ‘‘thence along the westerly line of the east half 

22 of the east half of the east half of said section 8 the 

23 following two courses; 

24 ‘‘thence N00°00′10′′W, a distance of 

25 2634.40 feet; 
9

•S 1788 IS 

1 thence N00°00′33′′W, a distance of 

2 2344.86 feet to a point on the southerly right3 of-way line of West 6th Avenue; 

4 ‘‘thence along said southerly right-of-way line 

5 the following five courses: 

6 ‘‘thence N89°44′33′′E, a distance of 

7 655.37 feet to a point on the westerly line of 

8 the northwest quarter of said section 9; 

9 ‘‘thence N89°44′33′′E, a distance of 50.00 

10 feet; 

11 ‘‘thence N81°11′33′′E, a distance of 

12 856.70 feet; 

13 ‘‘thence N89°14′41′′E, a distance of 

14 1741.83 feet; 

15 ‘‘thence N89°14′40′′E, a distance of 

16 1876.55 feet to the point of beginning. 

17 ‘‘Said parcel contains 29,182,824 square feet or 

18 669.95 acres, more or less. 

19 ‘‘Note: For the purpose of this description the bear20 ings are based on the east line of the northeast quarter 

21 of said section 9 bearing S00°23′16′′E, a distance of 

2640.79 feet and monumented by a found 31 22 ⁄4′′ aluminum 

23 cap marked ‘l.p.i. pls 34986’ on the north end and by a 

found 31 24 ⁄4′′ aluminum cap marked ‘vigil land consultants 

25 ls 20699’ on the south end.’’. 
10

•S 1788 IS 

1 SEC. 3. CONFORMING AMENDMENT. 

2 The index for part C of subtitle II of title 40, United 

3 States Code, is amended by inserting the following at the 

4 end:

‘‘CHAPTER 71. DENVER FEDERAL CENTER DEVELOPMENT.’’.

Æ