`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2144 Enrolled Bill (ENR)]

        H.R.2144

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To provide for the transfer of excess land to the Government of Guam, 
and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guam Excess Lands Act''.

SEC. 2. TRANSFER.

    (a) In General.--The Administrator of General Services shall, 
subject to section 3, transfer all right, title, and interest of the 
United States in and to the parcels of land described in subsection (b) 
(together with any improvements thereon) to the Government of Guam for 
public benefit use, by quitclaim deed and without reimbursement. Such 
transfers shall take place after a determination by the head of the 
Federal agency controlling a parcel that the parcel is excess to the 
needs of such agency.
    (b) Description of Parcels To Be Transferred.--Unless a parcel of 
land described in this subsection has been disposed of under other 
authority on or before the date of the enactment of this Act or is 
transferred for further Federal utilization as a result of the 
screening required by section 3(a), the parcels of land required to be 
transferred under subsection (a) shall consist of the following:

Navy Parcels
                                                                        
    South Finegayan.....................................
                                                               445 acres
    Nimitz Hill Parcels and 1 and 2B....................
                                                               208 acres
    NAVMAG Parcel 1.....................................
                                                               144 acres
    Apra Harbor Parcel 7................................
                                                                73 acres
    Apra Harbor Parcel 8................................
                                                                 6 acres
    Apra Harbor Parcel 6................................
                                                                47 acres
    Apra Harbor Parcel 9................................
                                                                41 acres
    Apra Harbor Parcel 2................................
                                                                30 acres
    Apra Harbor Parcel 1................................
                                                                 6 acres
    Asan Annex..........................................
                                                                17 acres
    NAVCAMS Beach.......................................
                                                                14 acres
    ACEORP Msui Tunnel..................................
                                                                 4 acres
    Agat Parcel 3.......................................
                                                                 5 acres
Air Force Parcels
                                                                        
    Andersen South (portion of Andersen Admin. Annex)...
                                                               395 acres
    Camp Edusa (Family Housing Annex 1).................
                                                               103 acres
    Harmon Communication Annex No. 1....................
                                                               862 acres
    Harmon Housing Annex No. 4..........................
                                                               396 acres
    Harmon POL Storage Annex No. 2......................
                                                                35 acres
    Harmon VOR Annex....................................
                                                               308 acres
    Harmon POL Storage Annex No. 1......................
                                                                14 acres
    Andersen Radio Beacon Annex.........................
                                                                23 acres
Federal Aviation Administration Parcel
    Talofofo ``HH'' Homer Facility......................
                                                                37 acres

    (c) Legal Descriptions.--The exact acreages and legal descriptions 
of all parcels of land to be transferred under this Act shall be 
determined by surveys which are satisfactory to the head of the 
controlling Federal agency referred to in subsection (a). The cost of 
such surveys, together with all direct and indirect costs related to 
any conveyance under this section, shall be borne by such controlling 
Federal agency.

SEC. 3. TERMS AND CONDITIONS.

    (a) Further Federal Utilization Screening.--Parcels of land 
determined to be excess property pursuant to section 2 shall be 
screened for further Federal utilization in accordance with the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et 
seq.) and such screening will be completed within 45 days after the 
date on which they are determined to be excess.
    (b) Appraisals.--The Administrator shall promptly appraise those 
parcels that are not needed for further Federal utilization to 
determine their estimated fair market value. The head of the Federal 
agency which controls such parcels shall cooperate with the 
Administrator in carrying out appraisals under this section. The 
Administrator shall submit a copy of the appraisals to the committees 
of the Congress specified in subsection (d). The cost of such 
appraisals shall be paid for under section 204(b) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 485(b)).
    (c) Land Use Plan.--The parcels of land to be transferred under 
this Act shall be eligible for transfer after the Government of Guam 
enacts legislation which establishes a detailed plan for the public 
benefit use (including, but not limited to, housing, schools, 
hospitals, libraries, child care centers, parks and recreation, 
conservation, economic development, public health, and public safety) 
of such parcels and the Governor of Guam submits such plan to the 
committees of the Congress specified in subsection (d).
    (d) Submissions.--The appraisals and land use plan required to be 
submitted to the committees of the Congress under subsections (b) and 
(c) shall be submitted to the Committee on Natural Resources, the 
Committee on Armed Services, the Committee on Government Operations and 
the Committee on Merchant Marine and Fisheries of the House of 
Representatives and the Committee on Energy and Natural Resources, the 
Committee on Armed Services, and the Committee on Governmental Affairs 
of the Senate.
    (e) Review by Committees.--Parcels of land may not be transferred 
under this Act until 180 days after the submission to the committees of 
the Congress specified in subsection (d) of--
        (1) the appraisals provided for in subsection (b), and
        (2) the land use plan provided for in subsection (c).
    (f) Government of Guam Lands Within the War in the Pacific National 
Historical Park.--Parcels of land may not be transferred under this Act 
until after the Government of Guam enters into a cooperative agreement 
with the Secretary of the Interior, acting through the Director of the 
National Park Service, which grants to the Secretary, at no cost, the 
administrative jurisdiction over all undeveloped lands within the 
boundary of the War in the Pacific National Historical Park, except 
those lands at Adelup Point, which are owned by the Government of Guam. 
The lands covered by such cooperative agreement shall be managed in 
accordance with the general management plan of the park and in the same 
manner as lands within the park that are owned by the United States.

SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE.

    The conveyance document for any land transferred under this Act 
located within 6 nautical miles of an airport shall contain a provision 
that requires a determination of no hazard to air navigation to be 
obtained from the Federal Aviation Administration in accordance with 
applicable regulations governing objects affecting navigable airspace 
or under the authority of the Federal Aviation Act of 1958 (Public Law 
85-726, as amended) in order for construction or alteration on the 
property to be permitted.

SEC. 5. SEVERE CONTAMINATION.

    Notwithstanding any other provision of this Act, the Administrator 
of General Services, in his discretion, may choose not to transfer any 
parcel under this Act on which there is severe contamination, the 
remedy of which would require the United States to incur extraordinary 
costs.

SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL LAWS.

    All Federal and territorial environmental laws and regulations 
shall apply to the parcels transferred pursuant to this Act during and 
after the transfer of such parcels.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`