I 
115TH CONGRESS 
2D SESSION 
H. R. 5328 
To authorize the return of surplus property, including Federal land, to the 
government of Guam, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2018 
Ms. BORDALLO introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on Over-
sight and Government Reform, and Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To authorize the return of surplus property, including Fed-
eral 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 Land Return 
Act of 2018’’. 
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SEC. 2. RETURN OF SURPLUS PROPERTY, INCLUDING FED-
ERAL LAND, TO GUAM. 
(a) IN GENERAL.—The Administrator of General 
Services is authorized to transfer to the government of 
Guam all right, title, and interest of the United States 
in and to surplus property located on Guam by quitclaim 
deed and without reimbursement, to compensate for unre-
imbursed impact expenses claimed on behalf of Guam pur-
suant to section 104(e)(9) of the Compact of Free Asso-
ciation Amendments Act of 2003 (48 U.S.C. 1921c(e)(9)). 
Such transfers of surplus property shall be in accordance 
with— 
(1) subtitle I of title 40, United States Code; 
(2) Public Law 103–339 (commonly known as 
the ‘‘Guam Excess Lands Act’’); and 
(3) Public Law 106–504 (commonly known as 
the ‘‘Guam Omnibus Opportunities Act’’), except 
paragraphs (1) and (2)(D) of section 1(b) of such 
Act. 
(b) TERRITORIAL
NOTIFICATION.—The Adminis-
trator shall notify the Governor of Guam when any surplus 
property becomes available under this section. 
(c) TRANSFER.—If within 90 days after receiving no-
tification under subsection (b) the Governor notifies the 
Administrator that the territorial government intends to 
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acquire the surplus property, the Administrator shall 
transfer such property pursuant to this section. 
(d) TERMS AND CONDITIONS.— 
(1) REQUIREMENTS
FOR
TRANSFER.—Trans-
fers of surplus property authorized by this section 
shall take place after— 
(A) the Administrator completes an ap-
praisal determining the estimated fair-market 
value of the surplus property, the cost of which 
shall be paid for in accordance with section 
571(b) of title 40, United States Code; and 
(B) the Governor submits to the Adminis-
trator and the Delegate to the House of Rep-
resentatives from Guam a detailed plan for the 
future use of such surplus property and makes 
such plan available on a public government 
website. 
(2) NAVIGABLE
AIRSPACE.—The conveyance 
document for any surplus property that is real prop-
erty transferred under this section located in a 6- 
mile radius of an airport shall contain a provision 
that requires a determination by the Federal Avia-
tion Administration that no interference to air navi-
gation exists in accordance with regulations set forth 
in subparts I and III of part A of subtitle VII of 
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title 49, United States Code, in order for construc-
tion or alteration on the property to be permitted. 
(e) SEVERE CONTAMINATION.—Notwithstanding any 
other provision of this Act, the Administrator may choose 
not to transfer any surplus property under this section on 
which there is severe contamination, the remedy of which 
would require the United States to incur extraordinary 
costs. 
(f) SUPPLEMENT, NOT SUPPLANT.—The fair-market 
value, appraised or otherwise estimated, of any surplus 
property transferred to the government of Guam under 
this section shall be used to supplement and not supplant 
other Federal funds provided to the government of Guam 
as compensation or reimbursement for costs or impact ex-
penses incurred by that affected jurisdiction pursuant 
to— 
(1) section 104(e)(6) of the Compact of Free 
Association Act of 1985 (48 U.S.C. 1904(e)(6)); 
(2) section 104(e)(3) and section 104(e)(6) of 
the Compact of Free Association Amendments Act 
of 2003; and 
(3) any other impact aid provided to the gov-
ernment of Guam under any other authority. 
(g) NET-NEGATIVE LAND TRANSFERS.—Land par-
cels (or the value thereof) included in the inventory under 
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section (3) and transferred by the Secretary of Defense 
to the government of Guam shall not be counted— 
(1) as compensation or reimbursement by the 
Federal Government for costs or impact expenses in-
curred by the territorial government; or 
(2) for compensation by the Federal Govern-
ment for unreimbursed impact expenses pursuant to 
subsection (a). 
SEC. 3. DOD NET-NEGATIVE INVENTORY OF GUAM LAND 
PARCELS. 
(a) NET-NEGATIVE
INVENTORY
OF
LAND
PAR-
CELS.—The Secretary of Defense shall maintain and up-
date regularly an inventory of all land parcels located on 
Guam currently owned by the United States Government 
and administered by the Department of Defense which the 
Secretary expects to transfer to the territorial government, 
specifying for each parcel— 
(1) the approximate size of the parcel; 
(2) an estimate of the fair market value of the 
parcel, if available or as practicable; 
(3) the branch of the armed forces with juris-
diction or operational control over the parcel; 
(4) the specific legal authority under which the 
Secretary will transfer the parcel to the territorial 
government; and 
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(5) the date by which the Secretary expects to 
transfer the parcel to the territorial government, 
lease the parcel to the territorial government prior 
to final transfer, or otherwise designate the parcel as 
excess property or surplus property and then trans-
fer to the territorial government. 
(b) PARCELS REQUIRED TO BE INCLUDED.— 
(1) PARCELS INCLUDED IN 2017 NET NEGATIVE 
REPORT.—The Secretary shall include in the inven-
tory under this section each of the following parcels, 
as described in the 2017 Net Negative Report: 
(A) The Tanguisson Power Plant (5 
acres), listed as Site 14 in the Report. 
(B) The Harmon Substation Annex (9.9 
acres), listed as Site 15 in the Report. 
(C) The Piti Power Plant and Substation 
(15.5 acres), listed as Site 38 in the Report. 
(D) Apra Heights Lot 403–1 (0.5 acres), 
listed as Site 55 in the Report. 
(E) The Agana Power Plant and Sub-
station (5.9 acres), listed as Site 54 in the Re-
port. 
(F) The ACEORP Maui Tunnel-Tamuning 
Route 1 behind Old Telex (3.7 acres), listed as 
Site 23 in the Report. 
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(G) The Parcel South of Camp Covington, 
Parcel 7 (60.8 acres), listed as Site 49 in the 
Report. 
(H) The NCTS Beach Lot, adjacent to the 
Tanguisson Power Plant (13.3 acres), listed as 
Site 13 in the Report. 
(I) The Hoover Park Annex (also known 
as ‘‘Old USO Beach’’; 6 acres), listed as Site 
37 in the Report. 
(J) Parcel ‘‘C’’ Marbo Cave Annex (5 
acres), listed as Site 12 in the Report. 
(2) OTHER PARCELS.—In addition to the par-
cels specified in paragraph (1), the Secretary shall 
include in the inventory under this section each of 
the following parcels: 
(A) The Marbo school site (80 acres), cur-
rently under reversion to the Department of 
Education but expected to be transferred to the 
Department of the Navy (within Andersen 
South Annex). 
(B) The Dandan property (159.12 acres), 
formerly the Apollo Tracking Station operated 
by the National Aeronautics and Space Admin-
istration. 
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(C) The Urunao property (69.19 acres) at 
Andersen Air Force Base (Northwest Field), 
from the west side of Route 3A to the cliff line. 
(D) The Naval Water Treatment Plant 
(8.79 acres) and associated water and waste-
water treatment utility systems at Naval Base 
Guam (Ordnance Annex/Naval Magazine). 
(E) The following future photovoltaic sites 
along Route 1, currently under lease to the 
Guam Power Authority: 
(i) The Harmon Annex (4 acres). 
(ii) The Harmon Booster Station 
(5.59 acres), listed as Site 16 in the 2017 
Net Negative Report. 
(iii) The former Tumon Tank Farm 
(23.77 acres), listed as Site 17 in the 2017 
Net Negative Report. 
(3) DEFINITION.—In this section, the term 
‘‘2017 Net Negative Report’’ means the report sub-
mitted by the Secretary of the Navy, on behalf of 
the Secretary of Defense, under section 2208 of the 
National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 2695) regard-
ing the status of the implementation of the ‘‘net 
negative’’ policy regarding the total number of acres 
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of the real property controlled by the Department of 
the Navy or the Department of Defense on Guam. 
(c) PETITION FOR PLACEMENT OF ADDITIONAL PAR-
CELS IN INVENTORY.— 
(1) MECHANISM FOR PETITION.—The Secretary 
shall establish a formal mechanism under which the 
Governor of Guam may petition the Secretary to add 
parcels to the inventory maintained under this sec-
tion. 
(2) 
SPECIFICATION
OF
PUBLIC
BENEFIT 
USES.—The Governor shall specify in any petition 
under this subsection any public benefit uses pro-
posed by the Governor for the parcel involved. 
(d) EXCLUSION OF PARCELS.—The Secretary shall 
not include in the inventory maintained under this section 
any parcel transferred to the government of Guam prior 
to the date of the enactment of this Act, without regard 
to whether or not the parcel is included in paragraph (1) 
or paragraph (2) of subsection (b). 
(e) PUBLIC NOTIFICATION.—The Secretary shall 
publish and update on a public website of the Department 
of Defense the following information: 
(1) The inventory maintained under subsection 
(a), including the parcels required to be included in 
such inventory under subsection (b). 
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(2) All petitions filed by the Governor under the 
mechanism established under subsection (c) (includ-
ing any proposed public benefit use specified in any 
such petition). 
(3) A description of each parcel of land trans-
ferred by the Secretary to the territorial government 
after January 20, 2011, including the following: 
(A) The approximate size of the parcel. 
(B) An estimate of the fair market value 
of the parcel, if available or as practicable. 
(C) The specific legal authority under 
which the Secretary transferred the parcel to 
the territorial government. 
(D) The date the transfer of the parcel 
was completed. 
SEC. 4. REPEAL OF CONDITIONS ON CONVEYANCE OF CER-
TAIN LANDS BY GUAM. 
(a) IN GENERAL.—Section 818(b)(2) of the Military 
Construction Authorization Act, 1981 (Public Law 96– 
418; 94 Stat. 1782) is hereby repealed and shall have no 
force or effect. 
(b) EXECUTION OF INSTRUMENTS.—The Adminis-
trator and the Secretary shall execute all instruments nec-
essary to implement this section. 
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SEC. 5. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(2) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor of the territory of Guam. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Defense. 
(4) SURPLUS PROPERTY.—The term ‘‘surplus 
property’’ has the meaning given that term in sec-
tion 102 of title 40, United States Code. 
(5) TERRITORIAL
GOVERNMENT.—The term 
‘‘territorial government’’ means the government of 
Guam established under the Organic Act of Guam 
(48 U.S.C. 1421 et seq.). 
Æ 
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