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.
Be it enacted by the Senate and House of Representa-
tives 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 im-
provements thereon) to the Government of Guam for pub-
lic benefit use, by quitclaim deed and without reimburse-
ment. Such transfers shall take place after a determina-
tion 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 TRANS-
FERRED.—Unless a parcel of land described in this sub-
section has been disposed of under other authority on or
before the date of the enactment of this Act or is trans-
ferred for further Federal utilization as a result of the
screening required by section 3(a), the parcels of land re-
quired 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 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
(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 con-
trolling 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 utiliza-
tion in accordance with the Federal Property and Admin-
istrative 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 Fed-
eral 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 ap-
praisals shall be paid for under section 204(b) of the Fed-
eral 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 es-
tablishes a detailed plan for the public benefit use (includ-
ing, but not limited to, housing, schools, hospitals, librar-
ies, 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 Con-
gress under subsections (b) and (c) shall be submitted to
the Committee on Natural Resources, the Committee on
Armed Services, the Committee on Government Oper-
ations and the Committee on Merchant Marine and Fish-
eries of the House of Representatives and the Committee
on Energy and Natural Resources, the Committee on
Armed Services, and the Committee on Governmental Af-
fairs 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 coopera-
tive 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 ju-
risdiction 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 Gov-
ernment of Guam. The lands covered by such cooperative
agreement shall be managed in accordance with the gen-
eral 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 Fed-
eral 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 construc-
tion 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.
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