Denver Federal Center Redevelopment Act - Authorizes the Administrator of General Services to enter into leases of Federal real property, including improvements thereon, with totally nonfederal entities to provide for the construction, rehabilitation, operation, maintenance, or use of all, or portions of, the Denver Federal Center.
Lists terms and conditions for such a lease (master lease), including that it: (1) have as its primary purpose enhancing the value of the Center; (2) be negotiated pursuant to such procedures as the Administrator considers necessary to ensure the integrity of the selection process and to protect U.S. interests; (3) be for a term not to exceed 50 years; and (4) provide that all development risk remain with the nonfederal entity. Directs that a master lease be for fair consideration.
Requires that net proceeds from a master lease be deposited into, administered, and expended, subject to appropriations Acts, as part of the Federal Building Fund. Authorizes the Administrator to retain from the proceeds of a master lease amounts necessary to recover the expenses incurred by the Administrator with respect to such lease.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3376 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3376
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2003
Mr. Beauprez introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
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.
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 thereof the following new chapter:
``CHAPTER 71--DENVER FEDERAL CENTER DEVELOPMENT
``Sec. 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 (XX), 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.
``Sec. 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.
``Sec. 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).
``Sec. 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.
``Sec. 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.
``Sec. 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 deg.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 deg.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 deg.23'16"E, a distance of 1806.59
feet;
``thence S00 deg.23'04"E, a distance of 2341.02
feet;
``thence S44 deg.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 deg.23'50"W, a distance of 2298.81
feet;
``thence S89 deg.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 deg.38'25", a radius of 2342.00 feet and a chord
bearing of S83 deg.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 deg.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 deg.00'10"W, a distance of 2634.40
feet;
thence N00 deg.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 deg.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 deg.44'33"E, a distance of 50.00 feet;
``thence N81 deg.11'33"E, a distance of 856.70
feet;
``thence N89 deg.14'41"E, a distance of 1741.83
feet;
``thence N89 deg.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 deg.23'16"E, a distance of 2640.79 feet and monumented by a found
3\1/4\" aluminum cap marked `l.p.i. pls 34986' on the north end and by
a found 3\1/4\" 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 thereof:
``Chapter 71--Denver Federal Center
Development''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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