103D CONGRESS

2D SESSION H. R. 2144

AN ACT

To provide for the transfer of excess land to the

Government of Guam, and for other purposes.
103D CONGRESS

2D SESSION H. R. 2144

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 reimburse13 ment. Such transfers shall take place after a determina14 tion by the head of the Federal agency controlling a parcel

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

16 (b) DESCRIPTION OF PARCELS TO BE TRANS17 FERRED.—Unless a parcel of land described in this sub-
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1 section has been disposed of under other authority on or

2 before the date of the enactment of this Act or is trans3 ferred for further Federal utilization as a result of the

4 screening required by section 3(a), the parcels of land re5 quired to be transferred under subsection (a) shall consist

6 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

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

8 legal descriptions of all parcels of land to be transferred

9 under this Act shall be determined by surveys which are

10 satisfactory to the head of the controlling Federal agency

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

12 together with all direct and indirect costs related to any
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1 conveyance under this section, shall be borne by such con2 trolling Federal agency.

3 SEC. 3. TERMS AND CONDITIONS.

4 (a) FURTHER FEDERAL UTILIZATION SCREENING.—

5 Parcels of land determined to be excess property pursuant

6 to section 2 shall be screened for further Federal utiliza7 tion in accordance with the Federal Property and Admin8 istrative Services Act of 1949 (40 U.S.C. 471 et seq.) and

9 such screening will be completed within 45 days after the

10 date on which they are determined to be excess.

11 (b) APPRAISALS.—The Administrator shall promptly

12 appraise those parcels that are not needed for further Fed13 eral utilization to determine their estimated fair market

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

15 parcels shall cooperate with the Administrator in carrying

16 out appraisals under this section. The Administrator shall

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

18 Congress specified in subsection (d). The cost of such ap19 praisals shall be paid for under section 204(b) of the Fed20 eral Property and Administrative Services Act of 1949 (40

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

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

23 transferred under this Act shall be eligible for transfer

24 after the Government of Guam enacts legislation which es25 tablishes a detailed plan for the public benefit use (includ-
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1 ing, but not limited to, housing, schools, hospitals, librar2 ies, child care centers, parks and recreation, conservation,

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

4 such parcels and the Governor of Guam submits such plan

5 to the committees of the Congress specified in subsection

6 (d).

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

8 required to be submitted to the committees of the Con9 gress under subsections (b) and (c) shall be submitted to

10 the Committee on Natural Resources, the Committee on

11 Armed Services, the Committee on Government Oper12 ations and the Committee on Merchant Marine and Fish13 eries of the House of Representatives and the Committee

14 on Energy and Natural Resources, the Committee on

15 Armed Services, and the Committee on Governmental Af16 fairs of the Senate.

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

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

19 submission to the committees of the Congress specified in

20 subsection (d) of—

21 (1) the appraisals provided for in subsection

22 (b), and

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

24 (c).
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1 (f) GOVERNMENT OF GUAM LANDS WITHIN THE

2 WAR IN THE PACIFIC NATIONAL HISTORICAL PARK.—

3 Parcels of land may not be transferred under this Act

4 until after the Government of Guam enters into a coopera5 tive agreement with the Secretary of the Interior, acting

6 through the Director of the National Park Service, which

7 grants to the Secretary, at no cost, the administrative ju8 risdiction over all undeveloped lands within the boundary

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

10 those lands at Adelup Point, which are owned by the Gov11 ernment of Guam. The lands covered by such cooperative

12 agreement shall be managed in accordance with the gen13 eral management plan of the park and in the same manner

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

15 States.

16 SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE.

17 The conveyance document for any land transferred

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

19 shall contain a provision that requires a determination of

20 no hazard to air navigation to be obtained from the Fed21 eral Aviation Administration in accordance with applicable

22 regulations governing objects affecting navigable airspace

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

24 (Public Law 85–726, as amended) in order for construc25 tion or alteration on the property to be permitted.
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1 SEC. 5. SEVERE CONTAMINATION.

2 Notwithstanding any other provision of this Act, the

3 Administrator of General Services, in his discretion, may

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

5 there is severe contamination, the remedy of which would

6 require the United States to incur extraordinary costs.

7 SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL

8 LAWS.

9 All Federal and territorial environmental laws and

10 regulations shall apply to the parcels transferred pursuant

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

Passed the House of Representatives January 26,

1994.

Attest:

Clerk.