IIA

Calendar No. 496

103D CONGRESS

2D SESSION H. R. 2144

[Report No. 103–293]

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1 (legislative day, JANUARY 25), 1994

Received; read twice and referred to the Committee on Energy and Natural

Resources

JUNE 24 (legislative day, JUNE 7), 1994

Reported by Mr. JOHNSTON, without amendment

AN ACT

To provide for the transfer of excess 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 Excess Lands

5 Act’’.

6 SEC. 2. TRANSFER.

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

8 Services shall, subject to section 3, transfer all right, title,
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1 and interest of the United States in and to the parcels

2 of land described in subsection (b) (together with any im3 provements thereon) to the Government of Guam for pub4 lic benefit use, by quitclaim deed and without reimburse5 ment. Such transfers shall take place after a determina6 tion by the head of the Federal agency controlling a parcel

7 that the parcel is excess to the needs of such agency.

8 (b) DESCRIPTION OF PARCELS TO BE TRANS9 FERRED.—Unless a parcel of land described in this sub10 section has been disposed of under other authority on or

11 before the date of the enactment of this Act or is trans12 ferred for further Federal utilization as a result of the

13 screening required by section 3(a), the parcels of land re14 quired to be transferred under subsection (a) shall consist

15 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 Anderson 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
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Andersen Radio Beacon Annex ......................................... 23 acres

Federal Aviation Administration Parcel

Talofofo ‘‘HH’’ Homer Facility ........................................ 37 acres

1 (c) LEGAL DESCRIPTIONS.—The exact acreages and

2 legal descriptions of all parcels of land to be transferred

3 under this Act shall be determined by surveys which are

4 satisfactory to the head of the controlling Federal agency

5 referred to in subsection (a). The cost of such surveys,

6 together with all direct and indirect costs related to any

7 conveyance under this section, shall be borne by such con8 trolling Federal agency.

9 SEC. 3. TERMS AND CONDITIONS.

10 (a) FURTHER FEDERAL UTILIZATION SCREENING.—

11 Parcels of land determined to be excess property pursuant

12 to section 2 shall be screened for further Federal utiliza13 tion in accordance with the Federal Property and Admin14 istrative Services Act of 1949 (40 U.S.C. 471 et seq.) and

15 such screening will be completed within 45 days after the

16 date on which they are determined to be excess.

17 (b) APPRAISALS.—The Administrator shall promptly

18 appraise those parcels that are not needed for further Fed19 eral utilization to determine their estimated fair market

20 value. The head of the Federal agency which controls such

21 parcels shall cooperate with the Administrator in carrying

22 out appraisals under this section. The Administrator shall

23 submit a copy of the appraisals to the committees of the
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1 Congress specified in subsection (d). The cost of such ap2 praisals shall be paid for under section 204(b) of the Fed3 eral Property and Administrative Services Act of 1949 (40

4 U.S.C. 485(b)).

5 (c) LAND USE PLAN.—The parcels of land to be

6 transferred under this Act shall be eligible for transfer

7 after the Government of Guam enacts legislation which es8 tablishes a detailed plan for the public benefit use (includ9 ing, but not limited to, housing, schools, hospitals, librar10 ies, child care centers, parks and recreation, conservation,

11 economic development, public health, and public safety) of

12 such parcels and the Governor of Guam submits such plan

13 to the committees of the Congress specified in subsection

14 (d).

15 (d) SUBMISSIONS.—The appraisals and land use plan

16 required to be submitted to the committees of the Con17 gress under subsections (b) and (c) shall be submitted to

18 the Committee on Natural Resources, the Committee on

19 Armed Services, the Committee on Government Oper20 ations and the Committee on Merchant Marine and Fish21 eries of the House of Representatives and the Committee

22 on Energy and Natural Resources, the Committee on

23 Armed Services, and the Committee on Governmental Af24 fairs of the Senate.
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1 (e) REVIEW BY COMMITTEES.—Parcels of land may

2 not be transferred under this Act until 180 days after the

3 submission to the committees of the Congress specified in

4 subsection (d) of—

5 (1) the appraisals provided for in subsection

6 (b), and

7 (2) the land use plan provided for in subsection

8 (c).

9 (f) GOVERNMENT OF GUAM LANDS WITHIN THE

10 WAR IN THE PACIFIC NATIONAL HISTORICAL PARK.—

11 Parcels of land may not be transferred under this Act

12 until after the Government of Guam enters into a coopera13 tive agreement with the Secretary of the Interior, acting

14 through the Director of the National Park Service, which

15 grants to the Secretary, at no cost, the administrative ju16 risdiction over all undeveloped lands within the boundary

17 of the War in the Pacific National Historical Park, except

18 those lands at Adelup Point, which are owned by the Gov19 ernment of Guam. The lands covered by such cooperative

20 agreement shall be managed in accordance with the gen21 eral management plan of the park and in the same manner

22 as lands within the park that are owned by the United

23 States.
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1 SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE.

2 The conveyance document for any land transferred

3 under this Act located within 6 nautical miles of an airport

4 shall contain a provision that requires a determination of

5 no hazard to air navigation to be obtained from the Fed6 eral Aviation Administration in accordance with applicable

7 regulations governing objects affecting navigable airspace

8 or under the authority of the Federal Aviation Act of 1958

9 (Public Law 85–726, as amended) in order for construc10 tion or alteration on the property to be permitted.

11 SEC. 5. SEVERE CONTAMINATION.

12 Notwithstanding any other provision of this Act, the

13 Administrator of General Services, in his discretion, may

14 choose not to transfer any parcel under this Act on which

15 there is severe contamination, the remedy of which would

16 require the United States to incur extraordinary costs.

17 SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL

18 LAWS.

19 All Federal and territorial environmental laws and

20 regulations shall apply to the parcels transferred pursuant

21 to this Act during and after the transfer of such parcels.

Passed the House of Representatives January 26,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

Calendar No. 496

103D CONGRESS

2D SESSION H. R. 2144

[Report No. 103–293]

AN ACT

To provide for the transfer of excess land to the

Government of Guam, and for other purposes.

JUNE 24 (legislative day, JUNE 7), 1994

Reported without amendment