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91ST CONGRESS 1st Session

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SENATE

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REPORT No. 91-426

CONVEYING TO THE CITY OF CHEYENNE, WYO., CERTAIN REAL PROPERTY OF THE UNITED STATES HERETOFORE DONATED TO THE UNITED STATES BY SUCH CITY

SEPTEMBER 24, 1969.-Ordered to be printed

Mr. ALLEN, from the Committee on Government Operations,
submitted the following

REPORT

[To accompany S. 1718]

The Committee on Government Operations, to which was referred the bill (S. 1718) to provide for the conveyance to the city of Cheyenne, Wyo., of certain real property of the United States heretofore donated to the United States by such city, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass.

AMENDMENTS

On page 1, line 5, immediately after the second comma, insert the following: "for park and recreation purposes,".

On page 3, following line 4, insert a new section as follows:

SEC. 3. The conveyance authorized by this Act shall contain the express provision that in the event the real property conveyed ceases to be used for park and recreation purposes, all right, title, and interest therein shall immediately revert to the United States.

EXPLANATION OF AMENDMENTS

S. 1718 as introduced did not expressly set forth the intent of the city of Cheyenne, Wyo., to use the property for park and recreational purposes. The purpose of the first amendment is to require the property to be used for park and recreational purposes. The second amendment

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insures that in the event the property conveyed ceases to be used for park and recreational purposes, all right, title, and interest therein shall immediately revert to the United States. Both amendments were agreed to and accepted by the sponsor of the bill.

PURPOSE

The purpose of S. 1718, as amended, is to provide for the conveyance by the Administrator of General Services to the city of Cheyenne, Wyo., for park and recreation purposes and without monetary consideration therefor, all right, title, and interest of the United States in and to the real property described in section 2 of S. 1718, comprising a portion of a tract of land containing approximately 600 acres heretofore donated to the United States by the city as a site for a Veterans' Administration hospital, which portion has been declared excess to the needs of the Veterans' Administration.

BACKGROUND INFORMATION

The property proposed to be conveyed by S. 1718, to the city of Cheyenne, Wyo., without monetary consideration therefor, consists of approximately 28 acres which, except for 78.8 acres of land occupied by the Veterans' Administration facility, is the last remaining portion of the 600-acre tract donated to the United States by the city in 1932. All of the other land has been reconveyed to the city of Cheyenne without monetary consideration.

The city of Cheyenne desires to use the property, which is located near a public school, for park and recreational purposes.

The fair market value of the 28-acre tract, which was declared excess to the needs of the Federal Government in 1965, has been appraised at $150,000.

HEARINGS

Public hearings were held by an Ad Hoc Subcommittee on Surplus Property on July 9-10, 1969, on S. 1718 and several other related bills. Several witnesses, including Members of Congress, testified. Only one witness, a representative of the General Services Administration, testified in opposition to S. 1718.

General Services Administration states that it is "opposed in principle to the enactment of special legislation, such as S. 1718, which has for its purpose the disposition of specific properties to public bodies or to others on monetary terms less favorable to the Federal Government than are provided for under existing laws of general application." Under existing law the city could obtain the property for park and recreational use at 50 percent of the fair market value, or $75,000.

From the evidence submitted, however, the committee believes that the use of the 28-acre tract of land for park and recreational purposes, as proposed by the city of Cheyenne, Wyo., under S. 1718, will be of great benefit to the entire community. Inasmuch as this property was originally given to the Federal Government without cost, by the city of Cheyenne, the committee believes that since it is now excess to Federal needs it should be returned to the donors so that they can dedicate it to public use.

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The reconveyance of the aforementioned 28-acre tract to the city of Cheyenne, as proposed in S. 1718, would be consistent with prior disposals of approximately 518 acres of the original 600-acre tract, which have, heretofore, been reconveyed to the city of Cheyenne, as follows. Pursuant to the authority contained in the act of June 29, 1948 (62 Stat. 1104), as amended by the act of June 15, 1956 (70 Stat. 288), approximately 431 acres were conveyed to the city without monetary consideration. In July 1955, the Veterans' Administration reported to the General Services Administration a 90.2-acre portion of the site, including the 28 acres identified in S. 1718, as excess property, which property was determined to be surplus to the needs of the Federal Government in November 1955. By deed dated February 19, 1959, 60.2 acres of this tract were conveyed to the city by the General Services Administration for public airport purposes, without monetary consideration, under subsection 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)). Another 27 acres were conveyed to the city, without consideration, for park and recreation purposes, by the Administrator of Veterans' Affairs, pursuant to the act of November 8, 1965 (79 Stat. 1304).

The Veterans' Administration, in its report to the committee, concerning S. 1718, recommended that the bill be amended to assure that the land in question is not used by the city of Cheyenne in a manner inimical to the proper and effective operation of the nearby Veterans' Administration center. The Veterans' Administration amendment was proposed before S. 1718 had been amended in committee to expressly provide that the city of Cheyenne would use the property for park and recreational purposes. The committee believes that the adoption of the latter amendment, together with the additional amendment requiring that the deed of conveyance contain the express provision that in the event the property conveyed ceases to be used for park and recreation purposes. all right, title, and interest therein shall immediately revert to the United States, will provide adequate protection of the interests of the United States.

No appropriation will be necessary to carry out the provisions of this legislation.

AGENCY COMMENTS

The following reports and recommendations on the bill have been received from the General Accounting Office, Veterans' Administration, and the General Services Administration:

COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, D.C., June 6, 1969.

Hon. JOHN L. MCCLELLAN,

Chairman, Committee on Government Operations,
U.S. Senate.

DEAR MR. CHAIRMAN: Your letter received on April 4, 1969, requests our comments on S. 1718, 91st Congress, entitled: "A bill to provide for the conveyance to the city of Cheyenne, Wyo., of certain real property of the United States heretofore donated to the United States by such city."

The transfer of real property by the Federal Government to a State or political subdivision thereof without monetary consideration is a

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matter for the determination of the Congress. However, we believe that the following comments may be of assistance to the committee in its consideration of this measure.

The property proposed to be conveyed consists of about 28 acres which, together with 78.8 acres of land occupied by the Veterans' Administration facility, is the last remaining portion of approximately 600 acres donated to the United States by the city in 1932. All of the other land has been reconveyed to the city of Cheyenne without monetary consideration. The fair market value of the 28 acres, which was declared surplus to the needs of the Federal Government in 1965, has been appraised at $150,000.

The Public Buildings Service of the General Services Administration had requested this property for exchange purposes but has withdrawn its request because of this proposed legislation. However, we have been informally advised that other land is available to the Public Buildings Administration for exchange purposes.

This measure would apparently exempt the property involved from the Federal Property Management Regulations promulgated by the General Services Administration pursuant to the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 471, and other laws which provide for the utilization and disposal of real property.

Sincerely yours,

ROBERT F. KELLER, Acting Comptroller General of the United States.

OFFICE OF THE ADMINISTRATOR OF VETERAN'S AFFAIRS,

Hon. JOHN L. MCCLELLAN,

VETERAN'S ADMINISTRATION,

Washington, D.C., July 9, 1969.

Chairman, Committee on Government Operations,
U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your request for a report on S. 1718, 91st Congress.

The bill proposes to authorize and direct the Administrator of General Services to convey to the city of Cheyenne, Wyo., without monetary consideration, all right, title, and interest of the United States in and to a described tract of land of 28 acres, more or less, formerly a part of the tract of land comprising the Veterans' Administration Center, Cheyenne, Wyo.

In 1932 the city of Cheyenne donated to the Veterans' Administration a tract of approximately 600 acres of land. We subsequently constructed a center on the land which presently consists of a regional office and a 127-bed hospital with a preponderance of general, medical, and surgical patients. Pursuant to authority contained in the act of June 29, 1948 (62 Stat. 1104), as amended by the act of June 15, 1956 (70 Stat. 288), we conveyed without remuneration to the city of Cheyenne approximately 431 acres of the original tract. In accordance with Public Law 89-345 (Nov. 8, 1965), we conveyed without remuneration to the city of Cheyenne an additional 27 acres of our reservation.

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In July of 1955, we reported approximately 90 acres of the reservation to the General Services Administration as excess to our needs. It is understood the 90 acres were subsequently determined to be surplus to the needs of the Government. We are advised that some 60 acres of this tract were conveyed by the General Services Administration to the city of Cheyenne, Wyo., without consideration by deed dated February 19, 1959. The 28 acres, more or less, proposed to be conveyed by the bill is the remaining portion of the mentioned 90-acre tract.

Our principal interest in S. 1718 is to assure that the land in question is not used by the city of Cheyenne in a manner inimical to the proper and effective operation of the nearby Veterans' Administration Center. Accordingly, in order to protect the interest of the United States, it is recommended that the bill be amended as indicated in the attached draft. These amendments are in line with the protective provisions required by Public Law 89-345 mentioned above.

Since the land involved is under the jurisdiction and control of the Administrator of General Services and the bill provides for its conveyance by him, your committee undoubtedly would be interested in his views on S. 1718.

Advice has been received from the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program.

Sincerely,

Enclosure.

DONALD E. JOHNSON, Administrator,

AMENDMENT TO S. 1718, 91ST CONGRESS

On page 3 after line 4 add a section to read as follows:

"SEC. 3. Any deed of conveyance made pursuant to this Act shall— "(a) provide that the land conveyed shall be used in a manner that will not, in the judgment of the Administrator of Veterans' Affairs, or his designate, interfere with the care and treatment of patients in the Veterans' Administration Center, Cheyenne, Wyoming;

"(b) contain such additional terms, conditions, reservations, easements and restrictions as may be determined by the Administrator of General Services to be necessary to protect the interest of the United States;

"(c) provide that if the city of Cheyenne, Wyoming, violates any provision of the deed of conveyance, or alienates or attempts to alienate all or any part of the parcel so conveyed, title thereto shall revert to the United States; and that a determination by the Administrator of General Services of any such violation or alienation or attempted alienation shall be final and conclusive: and

"(d) provide that in the event of such reversion, all improvements made by the city of Cheyenne, Wyoming, during its occupancy shall vest in the United States without payment of compensation there for."

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