[House Report 107-673]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-673
======================================================================
DIRECTING THE SECRETARY OF ENERGY TO CONVEY A PARCEL OF LAND AT THE
FACILITY OF THE SOUTHWESTERN POWER ADMINISTRATION IN TUPELO, OKLAHOMA
_______
September 24, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 5109]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 5109) to direct the Secretary of Energy to convey a
parcel of land at the facility of the Southwestern Power
Administration in Tupelo, Oklahoma, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. LAND CONVEYANCE, TUPELO, OKLAHOMA.
(a) Conveyance Required.--Except as required by subsection (d), the
Secretary of Energy shall convey, at fair market value, to Rural
Enterprises of Oklahoma, Incorporated, all right, title, and interest
of the United States in and to a parcel of land, and any improvements
thereto, consisting of approximately 6.3 acres of the facility of the
Southwestern Power Administration in Tupelo, Oklahoma, for use in
economic development within the service area of the Tri-County Indian
Nations Community Development Corporation.
(b) Description of Parcel.--The exact acreage and description of the
parcel to be conveyed under subsection (a) shall be determined by a
survey that is satisfactory to the Secretary and to Rural Enterprises
of Oklahoma, Incorporated.
(c) Conditions of Conveyance.--As conditions of the conveyance under
subsection (a), the Secretary shall require that Rural Enterprises of
Oklahoma, Incorporated--
(1) agree to honor the terms of any lease of the parcel or
portion thereof that is in existence on the date of the
conveyance; and
(2) agree to bear the costs of the conveyance, including the
cost of the survey required by subsection (b) and the appraisal
required by subsection (f).
(d) Easement.--Under the terms of the conveyance of the parcel under
subsection (a), the Secretary shall retain an easement to the parcel
for the purpose of maintaining a sewage connection to the electrical
substation and lagoon facility located adjacent to the parcel. Such
easement shall include telephone and telegraph rights.
(e) Undepreciated Value.--The Southwestern Power Administration is
authorized to remove the undepreciated value of the facilities conveyed
under subsection (a) from its repayable investment obligation.
(f) Valuation of Land To Be Conveyed.--The fair market value of the
land to be conveyed under subsection (a) shall be determined by an
appraisal acceptable to the Secretary that is conducted by an appraiser
agreed upon by the Secretary and Rural Enterprises of Oklahoma,
Incorporated, and conducted in accordance with--
(1) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601; Public Law
91-646);
(2) the Uniform Appraisal Standards for Federal Land
Acquisition; and
(3) the Uniform Standards of Professional Appraisal Practice.
PURPOSE OF THE BILL
The purpose of H.R. 5109 is to direct the Secretary of
Energy to convey a parcel of land at the facility of the
Southwestern Power Administration in Tupelo, Oklahoma.
BACKGROUND AND NEED FOR LEGISLATION
Tupelo is a small rural community in Coal County, Oklahoma,
one of the poorest counties in the State. The site and the
buildings to be transferred in the bill are unique to the area
and are not likely marketable at reconstruction value.
The parcel of land to be conveyed is about 6.3 acres and
includes three buildings on the site: an office building (5,520
sq. ft.), an open-ended garage (2,160 sq. ft.), and a storage
building (288 sq. ft.). The Southwestern Power Administration
is currently not using the property because its maintenance
operations were consolidated with another facility at Gore,
Oklahoma. Currently, the property is being temporarily leased
to the Tri County Nations Enterprise Community. Rural
Enterprises of Oklahoma plans to utilize the land and
facilities to be transferred for incubator businesses. A
preliminary appraisal of the property was completed in 1996
based on market value. The appraisal indicated a value of
approximately $57,200.
COMMITTEE ACTION
H.R. 5109 was introduced on July 11, 2002, by Congressman
Wes W. Watkins (R-OK). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Water and Power. On September 12, 2002, the Full Resources
Committee met to mark up the bill. The Subcommittee on Water
and Power was discharged from further consideration of the bill
by unanimous consent. Congressman Ken Calvert (R-CA) offered an
amendment to require fair market value be paid for the land and
the facilities to be conveyed. The amendment also added at the
end of the bill new subsections entitled ``Undepreciated
Value'' and ``Valuation of Land To Be Conveyed.'' The amendment
was agreed to by unanimous consent. No further amendments were
offered and the bill as amended was then ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would result in approximately $65,000 in
revenue to the federal government in 2003.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 23, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5109, a bill to
direct the Secretary of Energy to convey a parcel of land at
the facility of the Southwestern Power Administration in
Tupelo, Oklahoma.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Cash
Driskill.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 5109--A bill to direct the Secretary of Energy to convey a parcel
of land at the facility of the Southwestern Power
Administration in Tupelo, Oklahoma
H.R. 5109 would direct the Secretary of Energy to convey
approximately 6.3 acres of property in Tupelo, Oklahoma, to the
Rural Enterprises of Oklahoma. As a condition of the
conveyance, Rural Enterprises would be required to pay the fair
market value of the property, as well as the costs of
conveyance and appraisal. The property is administered by the
Southwestern Power Administration (SWPA). The agency no longer
uses the facility and plans to refer it to the General Services
Administration for disposal.
CBO estimates that enacting H.R. 5109 would have no
significant effect on the federal budget. Based on information
from SWPA, CBO estimates that the government would receive
about $65,000 from the sale of the property. According to SWPA,
the transfer of the title to the property would take place by
the end of fiscal year 2003. Because enacting H.R. 5109 would
affect offsetting receipts (a form of direct spending), pay-as-
you-go procedures would apply, but CBO estimates that the
impact on direct spending would be negligible.
H.R. 5109 contains no intergovernmental or new private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
The CBO staff contact for this estimate is Lisa Cash
Driskill. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.