IIA

103D CONGRESS

2D SESSION H. R. 2144

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

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,

9 and interest of the United States in and to the parcels

10 of land described in subsection (b) (together with any im11 provements thereon) to the Government of Guam for pub12 lic benefit use, by quitclaim deed and without reimburse-
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1 ment. Such transfers shall take place after a determina2 tion by the head of the Federal agency controlling a parcel

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

4 (b) DESCRIPTION OF PARCELS TO BE TRANS5 FERRED.—Unless a parcel of land described in this sub6 section has been disposed of under other authority on or

7 before the date of the enactment of this Act or is trans8 ferred for further Federal utilization as a result of the

9 screening required by section 3(a), the parcels of land re10 quired to be transferred under subsection (a) shall consist

11 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

Andersen Radio Beacon Annex ......................................... 23 acres

Federal Aviation Administration Parcel

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

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

13 legal descriptions of all parcels of land to be transferred
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1 under this Act shall be determined by surveys which are

2 satisfactory to the head of the controlling Federal agency

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

4 together with all direct and indirect costs related to any

5 conveyance under this section, shall be borne by such con6 trolling Federal agency.

7 SEC. 3. TERMS AND CONDITIONS.

8 (a) FURTHER FEDERAL UTILIZATION SCREENING.—

9 Parcels of land determined to be excess property pursuant

10 to section 2 shall be screened for further Federal utiliza11 tion in accordance with the Federal Property and Admin12 istrative Services Act of 1949 (40 U.S.C. 471 et seq.) and

13 such screening will be completed within 45 days after the

14 date on which they are determined to be excess.

15 (b) APPRAISALS.—The Administrator shall promptly

16 appraise those parcels that are not needed for further Fed17 eral utilization to determine their estimated fair market

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

19 parcels shall cooperate with the Administrator in carrying

20 out appraisals under this section. The Administrator shall

21 submit a copy of the appraisals to the committees of the

22 Congress specified in subsection (d). The cost of such ap23 praisals shall be paid for under section 204(b) of the Fed24 eral Property and Administrative Services Act of 1949 (40

25 U.S.C. 485(b)).
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1 (c) LAND USE PLAN.—The parcels of land to be

2 transferred under this Act shall be eligible for transfer

3 after the Government of Guam enacts legislation which es4 tablishes a detailed plan for the public benefit use (includ5 ing, but not limited to, housing, schools, hospitals, librar6 ies, child care centers, parks and recreation, conservation,

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

8 such parcels and the Governor of Guam submits such plan

9 to the committees of the Congress specified in subsection

10 (d).

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

12 required to be submitted to the committees of the Con13 gress under subsections (b) and (c) shall be submitted to

14 the Committee on Natural Resources, the Committee on

15 Armed Services, the Committee on Government Oper16 ations and the Committee on Merchant Marine and Fish17 eries of the House of Representatives and the Committee

18 on Energy and Natural Resources, the Committee on

19 Armed Services, and the Committee on Governmental Af20 fairs of the Senate.

21 (e) REVIEW BY COMMITTEES.—Parcels of land may

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

23 submission to the committees of the Congress specified in

24 subsection (d) of—
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1 (1) the appraisals provided for in subsection

2 (b), and

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

4 (c).

5 (f) GOVERNMENT OF GUAM LANDS WITHIN THE

6 WAR IN THE PACIFIC NATIONAL HISTORICAL PARK.—

7 Parcels of land may not be transferred under this Act

8 until after the Government of Guam enters into a coopera9 tive agreement with the Secretary of the Interior, acting

10 through the Director of the National Park Service, which

11 grants to the Secretary, at no cost, the administrative ju12 risdiction over all undeveloped lands within the boundary

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

14 those lands at Adelup Point, which are owned by the Gov15 ernment of Guam. The lands covered by such cooperative

16 agreement shall be managed in accordance with the gen17 eral management plan of the park and in the same manner

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

19 States.

20 SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE.

21 The conveyance document for any land transferred

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

23 shall contain a provision that requires a determination of

24 no hazard to air navigation to be obtained from the Fed25 eral Aviation Administration in accordance with applicable
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1 regulations governing objects affecting navigable airspace

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

3 (Public Law 85–726, as amended) in order for construc4 tion or alteration on the property to be permitted.

5 SEC. 5. SEVERE CONTAMINATION.

6 Notwithstanding any other provision of this Act, the

7 Administrator of General Services, in his discretion, may

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

9 there is severe contamination, the remedy of which would

10 require the United States to incur extraordinary costs.

11 SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL

12 LAWS.

13 All Federal and territorial environmental laws and

14 regulations shall apply to the parcels transferred pursuant

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

Passed the House of Representatives January 26,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.