Statements on Introduced Bills and Joint Resolutions - S. 1788
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CAMPBELL:
S. 1788. A bill to amend title 40, United States Code, to authorize the Administrator of General Services to lease and redevelop certain Federal property on the Denver Federal Center in Lakewood, Colorado; to the Committee on Governmental Affairs.
Mr. CAMPBELL. Mr. President, today I am introducing a bill that will help revitalize the Denver Federal Center (DFC) and the surrounding community of Lakewood, CO. This bill will allow the General Services Administration to enter into public/private partnerships, thereby efficiently and effectively addressing infrastructure and environmental issues at the DFC.
The DFC is a 670-acre campus with 77 active buildings. It began as a munitions manufacturing plan during World War II. Since then, many other agencies have called the DFC home, leaving behind a history of landfills, leaking underground storage tanks, chemical laboratories, and firing ranges that have contaminated the area. Additonally, many of the existing buildings are more than 60 years old and are in need of extensive repair or replacement. The Colorado Department of Public Health is requiring an environmental investigation and clean-up of contaminated areas at a cost of over $70 million.
As the Denver metropolitan region grows, the GSA has an opportunity to create public / private partnerships that will help foster the growth of the DFC campus into a regional hub of commerce and transportation as formulated in the visions of the local communities. At the same time, through these public / private partnerships, the DFC will be able to help clean up a 60-year-old environmental mess.
The Regional Transportation District (RTD) would like to create an intermodal facility and public transit hub as the West Corridor Light Rail is developed. New offices can be developed, not only for Federal tenants, but potentially for private businesses as well.
I believe this bill will provide many benefits all around-through the partnerships created, this bill will create new jobs and preserve jobs and institutions already in place, while at the same time taking care of a much needed and necessary environmental preservation.
I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the bill was ordered to be printed in the RECORD, as follows:
S. 1788
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act shall be cited as the "Denver Federal Center Redevelopment Act".
SEC. 2. DENVER FEDERAL CENTER DEVELOPMENT AUTHORITY.
Part C of subtitle II of title 40, United States Code, is amended by adding at the end the following new chapter:
"CHAPTER 71. DENVER FEDERAL CENTER DEVELOPMENT
"§ 7101. Master lease development authority
"(a) IN GENERAL.-The Administrator of General Services may enter into leases of Federal real property, including improvements thereon, with totally non-Federal entities to provide for the construction, rehabilitation, operation, maintenance, or use of all, or portions of, the Denver Federal Center as described in section 7106, or such other activities related to the Denver Federal Center as the Administrator considers appropriate. For purposes of this chapter, a lease of Federal real property, including improvements thereon, shall be referred to as a master lease.
"(b) TERMS AND CONDITIONS.-A master lease entered into under this section-
"(1) shall have as its primary purpose enhancing the value of the Denver Federal Center to the United States;
"(2) shall be negotiated pursuant to such procedures as the Administrator considers necessary to ensure the integrity of the selection process and to protect the interests of the United States;
"(3) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general purpose office, storage or other usable space in a facility covered under the master lease;
"(4) shall be for a term not to exceed 50 years;
"(5) shall describe the consideration, duties and responsibilities for which the United States and the non-Federal entity are responsible;
"(6) shall provide-
"(A) that all development risk shall remain with the non-Federal entity;
"(B) that the United States will not be liable for any action, debt or liability of any non-Federal entity; and
"(C) that such non-Federal entity may not execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and
"(7) shall include such other terms and conditions as the Administrator considers appropriate.
"(c) CONSIDERATION.-A master lease entered into under this section shall be for fair consideration, as determined by the Administrator. Consideration under a master lease may be provided in whole or in part through in-kind consideration, including provision of other real and related property, goods or services of benefit to the United States, construction, repair, remodeling, or other physical improvements of Federal property, environmental remediation or maintenance of Federal property, or the provision of office, storage or other usable space.
"§ 7102. Additional authorities
"(a) AUTHORITY TO CONVEY REMAINING INTERESTS.-In carrying out a master lease entered into under this chapter, the Administrator is authorized to convey the interest of the United States in the property covered by the master lease to the non-Federal entity by sale or exchange, if the Administrator first determines in writing that such conveyance is in the interests of the United States;
"(b) OTHER AUTHORITIES NOT AFFECTED.-The authority to enter into a master lease under this chapter shall be in addition to, and not in lieu of, any other authorities of the Administrator to convey interests in real property by lease, sale, or exchange.
"(c) OBLIGATIONS TO MAKE PAYMENTS.-Any obligation to make payments by the Administrator for the use of space, goods or services by the General Services Administration on property that is subject to a master lease under this chapter may only be made to the extent that necessary funds have been made available to the Administrator, in advance, in an annual appropriations Act.
"§ 7103. Relationship to other laws.-
"(a) IN GENERAL.-The authority of the Administrator under this chapter shall not be subject to-
"(1) sections 521 through 529 and sections 541 through 559;
"(2) section 1302;
"(3) section 3307; or
"(4) any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this chapter.
"(b) UNUTILIZED OR UNDERUTILIZED PROPERTY.-Any property covered under a master lease entered into under this section shall be deemed to be property for which there is a continuing Federal need and may not be considered to be unutilized or underutilized for purposes of section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
"§ 7104. Use of proceeds
"(a) IN GENERAL.-Net proceeds from a master lease entered into under section 7101 shall be deposited into, administered, and expended, subject to appropriations Acts, as part of the Federal Building Fund established under section 592. In this section, the term 'net proceeds from a master lease entered into under section 7101' means the rental proceeds from the master lease minus the expenses incurred by the Administrator with respect to the master lease.
"(b) RECOVERY OF EXPENSES.-The Administrator may retain from the proceeds of a master lease entered into under section 7101 amounts necessary to recover the expenses incurred by the Administrator with respect to the master lease. Such amounts shall be deposited in the account in the Treasury from which the Administrator incurs such expenses.
"§ 7105. Reporting requirements
"(a) IN GENERAL.-Before entering into a master lease under section 7101, the Administrator of General Services shall transmit to the appropriate committees of Congress a report on the proposed development and master lease of the Denver Federal Center not less than 30 days before the award of a master lease.
"(b) CONTENTS.-A report transmitted under this section shall include a summary of a cost-benefit analysis of the proposed development and a description of the provisions of the proposed master lease.
"§ 7106. Description of the Denver Federal Center
"As used in this chapter, the term 'Denver Federal Center' means a parcel of land, located in section 9 and in the East half of the East half of the East half Section 8, Township 4 South, Range 69 West of the Sixth Principal Meridian, being more particularly described as follows:
"Commencing at the northeast corner of said section 9;
"thence S76 38'34"W a distance of 779.20 feet to a point on the southerly right-of-way line of West 6th Avenue being also the true point of beginning;
"thence S45 23'16"E a distance of 932.42 feet to a point on the westerly right-of-way line of Kipling Street;
"thence along the westerly right-of-way line of said Kipling Street the following three courses:
"thence S00 23'16"E, a distance of 1806.59 feet;
"thence S00 23'04"E, a distance of 2341.02 feet;
"thence S44 37'45"W, a distance of 355.19 feet to a point on the northerly right-of-way line of West Alameda Avenue;
"thence along the northerly right-of-way line of said West Alameda Avenue the following three courses:
"thence S89 23'50"W, a distance of 2298.81 feet;
"thence S89 24'08"W, a distance of 2544.90 feet to a point of tangent curve;
"thence along said curve to the left an arc distance of 475.81 feet, having a central angle of 11 38'25", a radius of 2342.00 feet and a chord bearing of S83 31'57"W, a chord distance of 474.99 feet to a point on the south line of the southeast quarter of said section 8;
"thence S89 37'30"W, along the said south line, a distance of 296.29 feet to a point on the westerly line of the east half of the east half of the east half of said section 8;
"thence along the westerly line of the east half of the east half of the east half of said section 8 the following two courses;
"thence N00 00'10"W, a distance of 2634.40 feet;
thence N00 00'33"W, a distance of 2344.86 feet to a point on the southerly right-of-way line of West 6th Avenue;
"thence along said southerly right-of-way line the following five courses:
"thence N89 44'33"E, a distance of 655.37 feet to a point on the westerly line of the northwest quarter of said section 9;
"thence N89 44'33"E, a distance of 50.00 feet;
"thence N81 11'33"E, a distance of 856.70 feet;
"thence N89 14'41"E, a distance of 1741.83 feet;
"thence N89 14'40"E, a distance of 1876.55 feet to the point of beginning.
"Said parcel contains 29,182,824 square feet or 669.95 acres, more or less.
"Note: For the purpose of this description the bearings are based on the east line of the northeast quarter of said section 9 bearing S00 23'16"E, a distance of 2640.79 feet and monumented by a found 3¼ aluminum cap marked 'l.p.i. pls 34986' on the north end and by a found 3¼" aluminum cap marked 'vigil land consultants ls 20699' on the south end.".
SEC. 3. CONFORMING AMENDMENT
The index for part C of subtitle II of title 40, United States Code, is amended by inserting the following at the end:
"CHAPTER 71. DENVER FEDERAL CENTER DEVELOPMENT.".