July 28, 2010 sees Congressional Record publish “STORY COUNTY, IOWA LAND CONVEYANCE”

July 28, 2010 sees Congressional Record publish “STORY COUNTY, IOWA LAND CONVEYANCE”

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Volume 156, No. 112 covering the 2nd Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“STORY COUNTY, IOWA LAND CONVEYANCE” mentioning the U.S. Dept of Agriculture was published in the House of Representatives section on pages H6260-H6261 on July 28, 2010.

The publication is reproduced in full below:

STORY COUNTY, IOWA LAND CONVEYANCE

Mr. CARDOZA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5669) to direct the Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

H.R. 5669

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PURPOSES AND DEFINITIONS.

(a) Purposes.--The purposes of this Act are--

(1) to direct the conveyance of approximately 44 acres, more or less, of Federally owned land administered by the Agricultural Research Service to the City of Ames, Iowa; and

(2) to authorize the use of the funds derived from the conveyance to purchase replacement land and for other purposes relating to the National Animal Disease Center.

(b) Definitions.--In this Act:

(1) City.--The term ``City'' means the City of Ames, Iowa, and its assigns.

(2) Property.--The term ``Property'' means approximately 44 acres, more or less, of the Federally owned land comprising part of the National Animal Disease Center, which--

(A) was acquired by the United States in 1951 within sec. 1, T. 83 N., R. 24 W., Fifth Principal Meridian; and

(B) is generally located on 13th Street in the City.

(3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

SEC. 2. PROPERTY CONVEYANCE.

(a) In General.--On receipt of the consideration and cost reimbursement provided in this Act, the Secretary shall convey and quitclaim to the City, all rights, title, and interests of the United States in the Property subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary may prescribe.

(b) Consideration.--

(1) In general.--As consideration for the conveyance authorized by this Act, the City shall pay to the Secretary an amount in cash equal to the market value of the Property.

(2) Appraisal.--

(A) In general.--To determine the market value of the Property, the Secretary shall have the Property appraised for the highest and best use of the Property in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference.

(B) Requirements.--The appraisal shall be subject to review and approval by the Secretary, and the approved appraisal shall at all times be the Property of the United States.

(c) Corrections.--With the agreement of the City, the Secretary may make minor corrections or modifications to the legal description of the Property or configure the Property to facilitate conveyance.

(d) Costs.--

(1) In general.--Except as provided in paragraph (2), the City shall at closing pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative costs incurred by the Secretary associated with the conveyance authorized by this Act, including personnel costs directly attributable to the transaction, and the transactional costs of appraisal, survey, title review, hazardous substances examination, and closing costs.

(2) Attorneys fees.--The City and the Secretary shall each bear their own attorneys fees.

(e) Hazardous Materials.--

(1) In general.--For the conveyance authorized by this Act, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate those substances or any other hazardous pollutants, contaminants, or waste that might be present on the Property at the time of closing.

(2) Lead-based paint or asbestos-containing building materials.--

(A) In general.--Notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint or asbestos-containing building materials and except as provided in subparagraph (B), the Secretary shall not be required to mitigate or abate any lead-based paint or asbestos-containing building materials present on the Property at the time of closing.

(B) Requirements.--If the Property has lead-based paint or asbestos-containing building materials, the Secretary shall--

(i) provide notice to the City of the presence of the lead-based paint or asbestos-containing building materials; and

(ii) obtain written assurance from the City that the City will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.

(f) Other Terms.--The Secretary and the City may agree on such additional terms as may be mutually acceptable and that are not inconsistent with the provisions of this Act.

SEC. 3. RECEIPTS.

(a) In General.--The Secretary shall deposit all funds received from the conveyance authorized under this Act, including the market value consideration and the reimbursement for costs, into the Treasury of the United States to be credited to the appropriation for the Agricultural Research Service.

(b) Use of Funds.--Notwithstanding any limitation in applicable appropriation Acts for the Department of Agriculture or the Agricultural Research Service, all funds deposited into the Treasury pursuant to subsection (a) shall--

(1) be available to the Secretary until expended, without further appropriation, for the acquisition of land and interests in land and other related purposes of the National Animal Disease Center; and

(2) be considered to authorize the acquisition of land for the purposes of section 11 of the Act of August 3, 1956 (7 U.S.C. 428a).

SEC. 4. STATUTORY PAY-AS-YOU-GO LANGUAGE.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled

``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from California (Mr. Cardoza) and the gentlewoman from Ohio (Mrs. Schmidt) each will control 20 minutes.

The Chair recognizes the gentleman from California.

General Leave

Mr. CARDOZA. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks on H.R. 5669.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from California?

There was no objection.

Mr. CARDOZA. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 5669 would authorize the Secretary of Agriculture to sell a parcel of land that is part of the National Animal Disease Center to the city of Ames, Iowa, in order to facilitate the building of a new water treatment facility.

Faced with increasing demand and aging infrastructure, the city has determined that the most cost-effective solution is to build a new plant. The land owned by USDA adjacent to the National Animal Disease Center is such a suitable location. If Congress does not authorize this land for sale, then the city of Ames may find itself in the unpopular position of using eminent domain to acquire land to move forward with the project.

It makes sense to move this legislation quickly so that a needed infrastructure project can move forward, especially since the United States Department of Agriculture has expressed support for this legislation.

I urge my colleagues on both sides of the aisle to join me in supporting this bill.

I reserve the balance of my time.

Mrs. SCHMIDT. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, today I rise in support of H.R. 5669. This bill will allow the Agricultural Research Service to convey 44 acres of land in Ames, Iowa, to the city of Ames. The funds derived from this conveyance will then be used by the Agricultural Research Service to purchase replacement land and for other purposes relating to the National Animal Disease Center.

The National Animal Disease Center located in Ames, Iowa, is the largest Federal animal disease center in the United States. This facility, along with the National Veterinary Services Laboratory and the Center for Veterinary Biologics co-located on the same site, make up our National Centers for Animal Health.

The USDA has advised that it no longer has any use for the land to be conveyed and that it supports this legislation.

This legislation is important for the continued development and operation of this critical laboratory facility, and I ask my colleagues to support this legislation.

Mr. Speaker, I yield as much time as he may consume to the gentleman from Iowa (Mr. Latham).

Mr. LATHAM. I thank the gentlewoman from Ohio for yielding and the gentleman from California, and I certainly want to thank Chairman Peterson and Ranking Member Lucas for waiving jurisdiction so that we could shepherd this bill to the floor, H.R. 5669.

This bill really is a solution for the city of Ames and the local landowners. H.R. 5669 will allow the city to buy land from the USDA's National Animal Disease Center and use that land to build a modern water treatment plant.

Before introducing this legislation, city officials were exploring the acquisition of nearby farmland by eminent domain. This bill will prevent a conflict between the city of Ames and the local landowners. The farmland in question is highly productive land. In fact, it's a century farm. It has been in that family for over 100 years. Century farms have a special status in Iowa, and the families who have carried on the tradition of farming have deep ties to the soil.

Working with the city of Ames and the USDA, I believe we have found a way to preserve this fertile land and honor the memory of the man who began farming it, Abel Powell Griffith. Griffith, a Union Army veteran, picked this land because it was near Iowa State University, and he knew his descendants would be able to get a quality education while making a living through farming.

H.R. 5669 is a win for everyone involved. Ames, Iowa, will be able to proceed with its water treatment facility, residents will have clean water, the Animal Disease Center will be able to plan for its needs, and the landowners will be spared the loss of productive farmland.

I appreciate very much the time.

Mrs. SCHMIDT. Mr. Speaker, I yield back the balance of my time.

Mr. CARDOZA. Mr. Speaker, I want to congratulate my friend and colleague from Iowa for doing what seems to be a very responsible piece of legislation here.

I have no further speakers, and I yield back the balance of my time.

The SPEAKER pro tempore. The question is on the motion offered by the gentleman from California (Mr. Cardoza) that the House suspend the rules and pass the bill, H.R. 5669, as amended.

The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.

A motion to reconsider was laid on the table.

____________________

SOURCE: Congressional Record Vol. 156, No. 112

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