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1976/05/29 S3399 Conveyance of Land to the Commonwealth of Massachusetts
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1976/05/29 S3399 Conveyance of Land to the Commonwealth of Massachusetts
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The original documents are located in Box 45, folder "5/29/76 S3399 Conveyance of Land
to the Commonwealth of Massachusetts" of the White House Records Office: Legislation
Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 45 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED 29
&5/29/76
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: June 4
May 28, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
6/1/16
FROM:
JIM CANNOM $
SUBJECT:
S. 3399 - Conveyance of land to
so anhive
the Commonwealth of Massachusetts
6/1/76
Attached for your consideration is S. 3399, sponsored by
Senator Ribicoff. The enrolled bill woud authorize the
Administrator of the General Services Administration to
convey to the Commonwealth of Massachusetts a ten-acre
tract in Cambridge formerly owned by the Massachusetts
Bay Transportation Authority. This tract was donated
to the U.S. in 1968 as a site for the John F. Kennedy
Library but the Library's Board of Trustees voted not
to construct the facility in Cambridge.
Additional information is provided in OMB's enrolled
bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 3399 at Tab B.
FORD : LIBRARY
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
SECUTIVE
STATES
WASHINGTON, D.C. 20503
MAY 27 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3399 - Conveyance of land to the
Commonwealth of Massachusetts
Sponsor - Sen. Ribicoff (D) Conn.
Last Day for Action
June 4, 1976 - Friday
Purpose
To authorize and direct the General Services Administration (GSA)
to convey certain land in Cambridge, Massachusetts to the Common-
wealth of Massachusetts.
Agency Recommendations
Office of Management and Budget
Approval
General Services Administration
Approval
Discussion
The enrolled bill would authorize and direct the GSA Administra-
tor to convey, without consideration, to the Commonwealth of
Massachusetts a ten-acre tract in Cambridge formerly owned by
the Massachusetts Bay Transportation Authority. This tract was
donated to the United States on January 24, 1968, by the Common-
wealth as a site for the John F. Kennedy Library. However,
because of the Cambridge community's concern over the environ-
mental impact of this proposed project, the Library's Board of
Trustees voted not to construct the facility in Cambridge.
No provision was made in the deed for a reversion of the land
if the property was not used for its intended purpose. Therefore,
in the absence of the proposed legislation, the tract could only
2
be returned upon payment by the Commonwealth of its estimated
fair market value, or at no cost, or at a discount, provided
in the latter two instances that the Commonwealth agreed to
restrict the property's use to certain public purposes.
S. 3399 would permit the unrestricted return of this property
to the Commonwealth of Massachusetts on the same cost-free
basis that it was originally donated.
James m. Director Trey
for Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
May 28
Time: 900am
FOR ACTION:
Lynn May
an
cc (for information): Jack Marsh
Max Friedersdorf
on
Jim Cavanaugh
Ken Lazarus
on
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: May 28
Time: 500pm
SUBJECT:
S. 3399 - Conveyance of land to the Commonwealth
of Massachusetts
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
UNITED STATES OF AMERICA
#
*
*
GENERAL SERVICES ADMINISTRATION
*
#
WASHINGTON, DC 20405
*
*
GENERAL SERVICES
* ADMINISTRATION
* * *
May 24, 1976
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, DC 20503
Dear Mr. Lynn:
By letter of May 21, 1976, your office requested the views of the
General Services Administration (GSA) on enrolled bill S. 3399,
a bill "To authorize and direct the Administrator of General Services
to convey certain land in Cambridge, Massachusetts, to the Commonwealth
of Massachusetts.
GSA supports enactment of the enrolled bill.
Sincerely,
Tury Chanbar
TERRY CHAMBERS
Acting Administrator
Keep Freedom in Your Future With U.S. Savings Bonds
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
May 28
Time: 900am
FOR ACTION:
Lynn May
CC (for information):
Jack Marsh
Max Friedersdorf.
m.6.
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: May 28
Time: 500pm
SUBJECT:
S. 3399 - Conveyance of land to the Commonwealth
of Massachusetts
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
.
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
;
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
:
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
May 28
Time: 900am
FOR ACTION:
Lynn May
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: May 28
Time: 500pm
SUBJECT:
S. 3399 - Conveyance of land to the Commonwealth
of Massachusetts
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection - -- K. Lazarus 5/28/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James N. Cannon
telephone the Staff Secretary immediately.
:
For the President
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
J.Cas 5-27-96 coop.m.
M.
MAY 27 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3399 - Conveyance of land to the
Commonwealth of Massachusetts
Sponsor - Sen. Ribicoff (D) Conn.
Last Day for Action
June 4, 1976 - Friday
Purpose
To authorize and direct the General Services Administration (GSA)
to convey certain land in Cambridge, Massachusetts to the Common-
wealth of Massachusetts.
Agency Recommendations
Office of Management and Budget
Approval
General Services Administration
Approval
Discussion
The enrolled bill would authorize and direct the GSA Administra-
tor to convey, without consideration, to the Commonwealth of
Massachusetts a ten-acre tract in Cambridge formerly owned by
the Massachusetts Bay Transportation Authority. This tract was
donated to the United States on January 24, 1968, by the Common-
wealth as a site for the John F. Kennedy Library. However,
because of the Cambridge community's concern over the environ-
mental impact of this proposed project, the Library's Board of
Trustees voted not to construct the facility in Cambridge.
No provision was made in the deed for a reversion of the land
if the property was not used for its intended purpose. Therefore,
in the absence of the proposed legislation, the tract could only
Attached document was not scanned because it is duplicated elsewhere in the document
Calendar No. 797
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-840
AUTHORIZING AND DIRECTING THE ADMINISTRATOR OF GENERAL
SERVICES TO CONVEY CERTAIN LAND IN CAMBRIDGE, MASSACHU-
SETTS, TO THE COMMONWEALTH OF MASSACHUSETTS
MAY 13, 1976.-Ordered to be printed
Mr. RIBICOFF, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany S. 3399]
The Committee on Government Operations, to which was referred
the bill (S. 3399) to authorize and direct the Administrator of General
Services to convey certain land in Cambridge, Massachusetts, to the
Commonwealth of Massachusetts, having considered the same, reports
favorably thereon with amendments and recommends that the bill as
amended do pass.
PURPOSE
The purpose of this bill is to authorize and direct the Administrator
of General Services to convey certain land in Cambridge, Massachu-
setts, to the Commonwealth of Massachusetts.
BACKGROUND
The bill would require the Administrator of General Services to
convey to the Commonwealth of Massachusetts, without consideration,
all interests of the United States in a tract of land containing approxi-
mately 10 acres which was formerly owned by the Massachusetts
Bay Transportation Authority. The land was formerly part of a train
yard owned by the authority and is located at the terminus of the
Dorchester Cambridge rapid transit line in the City of Cambridge.
It was donated to the United States by deed dated January 24, 1968,
by the Commonwealth of Massachusetts, as a gift from the people of
the Commonwealth, in order to provide a site for the John Fitzgerald
Kennedy Library (attachment a includes copy of deed). Public Law
89-547, 80 Stat. 370, approved August 27, 1966, authorized the Ad-
ministrator to
"
accept title to the structure or structures to be
57-010
2
3
erected and equipped at Cambridge, Massachusetts, by the John Fitz-
gerald Kennedy Library, Incorporated, to be transferred to the United
ATTACHMENT A
States Government, without reimbursement, for use as a Presidential
archival depository to be known as the John Fitzgerald Kennedy
RACKEMANN, SAWYER & BREWSTER,
Library, and to maintain, operate, and protect such depository as a
Boston, Mass., March 7, 1968.
part of the National Archives System
Re John Fitzgerald Kennedy Library.
Because of opposition within the Cambridge community based on
concern for the environmental impact of the project, the Board of
HARRY R. VAN CLEVE, EsQ.,
Trustees of the John F. Kennedy Memorial Library voted not to con-
General Counsel, General Services Administration,
Washington, D.C.
struct the facility in Cambridge. It is now proposed that the Library
be constructed on the site of the Harbour Campus of the University
DEAR VAN CLEVE: Enclosed herewith is the deed from the Massa-
of Massachusetts in Dorchester, Massachusetts.
chusetts Bay Transportation Authority to the United States of Amer-
Although the act of the Massachusetts legislature in authorizing
ica duly recorded in Book 11467, Page 668, which has just come back to
the gift; Public Law 89-547, authorizing acceptance by the United
us from the Middlesex South District Registry of Deeds.
States of the conveyance; and the deed of conveyance all recite the
Yours very truly,
purpose of the gift, the deed did not include a provision requiring a
WILLIAM L. PAYSON.
reversion of the land in the event the property was not used for the
Enclosure.
intended purpose. Accordingly, in the event the proposed bill is not
enacted, the property upon determination that it is surplus to the
Whereas, St. 1965, Chapter 864 authorizes the Massachusetts Bay
needs of the Federal Government will be disposed of pursuant to the
Transportation Authority (the "Authority"), a body politic and cor-
Federal Property and Administrative Services Act of 1949, as
porate and a political subdivision of The Commonwealth of Massa-
amended. In such event, the property could only be returned to the
chusetts established under the provisions of Chapter 563 of the Acts
Commonwealth upon payment of the estimated fair market value of
of 1964, to convey to the United States of America (the "United
the property, or at no cost, or at a discount, provided, in the latter two
States"), in order to provide a site for the presidential archival de-
instances, the Commonwealth agree to restrict use of the property for
pository of the John Fitzgerald Kennedy Library, a part of the train
certain public purposes.
yards (the Yards") owned by the Authority and located at the termi-
SUMMARY
nus of the Dorchester-Cambridge rapid transit line in the City of
Cambridge, Middlesex County, Massachusetts, said part not to exceed
Because the Library will now be built on the site of the Harbour
ten acres bounded on the east by Boylston Street and on the south by
Campus of the University of Massachusetts in Dorchester, Massachu-
Memorial Drive, the exact metes and bounds of which have been
setts, rather than on the Cambridge site, the original intent that the
agreed upon by the Authority and the United States acting by and
property be given to the United States to be used as a site for the
through the Administrator of General Services (the "Administrator")
Kennedy Library cannot be satisfied.
and are the premises shown as Parcel 1 on the plan hereinafter re-
Ordinarily, property of this nature is disposed of pursuant to the
ferred to; and
Federal Property and Administrative Services Act, as amended. Ac-
Whereas by joint resolution the Senate and House of Representa-
cordingly, the property could only be returned to the Commonwealth
tives of the United States have authorized the acceptance of such con-
upon payment of the estimated fair market value of the property, or at
veyance (Public Law 89-547; 80 Stat. 370) ; and
no cost, or at a discount, provided in the latter two instances that the
Whereas it is anticipated that it will be necessary to adjust the
Commonwealth agrees to restrict the use of the property for certain
metes and bounds of the part of the Yards to be owned by the United
public purposes. Due to the fact that the property was a gift, without
States and of the remaining part to be owned by the John Fitzgerald
cost, to the Federal Government with the specific purpose that it be
Kennedy Library Incorporated (the "Library Corporation"), a non-
a site for the John Fitzgerald Kennedy Library, the bill is intended
profit corporation duly organized under the laws of The Common-
to return the property to the Commonwealth which the Federal Gov-
wealth of Massachusetts, and in order to accomplish such result with-
ernment had acquired at no cost in 1968.
out the necessity of the execution and delivery by the United States
On May 11, 1976, the Senate Government Operations Committee
of a deed or deeds conveying a portion of said Parcel 1, it has been
ordered S. 3399 favorably reported, by voice vote, with amendments
agreed to grant to the Library Corporation a future interest in a
of a technical nature for purposes of clarification only.
portion thereof now, therefore,
Comments submitted by the General Services Administration on
The Massachusetts Bay Transportation Authority, for considera-
April 13, 1967, to the House Government Operations Committee
tion paid, gives, grants, bargains and sells, enfoeffs and conveys to
on H.R. 12339, a similar bill, strongly favors enactment of this
the United States of America (mailing address: General Services
legislation.
Administration, Washington, D.C. 20405) with quitclaim covenants,
S.R. 840
S.R. 840
4
5
subject to the provisions hereinafter set forth, a certain parcel of
Additional Land SO to be acquired by the Library Corporation, and
land situated on Memorial Drive, Boylston Street, Bennett Street
(c) shall be executed on behalf of the Authority by properly authorized
and University Road in said Cambridge, shown as Parcel 1 on a plan
officers and by the Administrator to evidence their mutual agreement
entitled "Plan of Land in Cambridge-Mass.", dated December 26,
upon said exact metes and bounds and by the Treasurer and Receiver
1967, revised January 12, 1968, by William S. Crocker, Inc., to be
General of The Commonwealth of Massachusetts to evidence receipt
recorded herewith, containing 435,561 square feet or 9.999 acres, and
by said Commonwealth from the Library Corporation of $14 per
bounded and described as follows:
square foot for the Additional Land SO acquired by the Library
Southeasterly by a curved line at the junction of Boylston Street
Corporation.
and Memorial Drive, about twenty-eight and 15/100 (28.15) feet;
The term Additional Land shall mean land within said Parcel 1
Southerly about three hundred six and 53/100 (306.53) feet;
acquired by the Library Corporation as the result of the filing of
Westerly twenty-six and 34/100 (26.34) feet;
one or more of the certificates referred to in the preceding paragraph;
Southwesterly fifty-seven and 36/100 (57.36) feet;
provided, however, that the total area of Additional Land shall not
Southerly thirty-eight and 45/100 (38.45) feet; and
exceed three acres plus an area equal to any part of Parcel 2 on said
Southwesterly about four hundred seventy-six and 59/100
plan which may have been conveyed by the Library Corporation to
(476.59) feet, all of the foregoing courses being by Memorial
the United States subsequent to the date hereof.
Drive;
II. By the acceptance of this deed the United States agrees that
Northwesterly in part by land now or formely of the Society of
it will make arrangements with the Library Corporation to cause
St. John the Evangelist and in part by the southeasterly line of
a suitable memorial to be placed in a prominent place indicating that
University Road, five hundred and 42/100 (500.42) feet;
the site of Library was a gift from the people of The Commonwealth
Northeasterly by Bennett Street, four hundred three and 07/100
of Massachusetts.
(403.07) feet;
III. The granted premises are conveyed subject to an easement
Southeasterly by land of The Commonwealth of Massachusetts,
hereby reserved to use the existing tracks and facilities, and any addi-
sixteen and 20/100 (16.20) feet, and by Parcel 2 on said plan,
tions or alterations thereto, at the Yards for such period as the Au-
three hundred sixty-six and 19/100 (366.19) feet;
thority may require, but in no event after the Termination Date
Northeasterly by said Parcel 2, three hundred thirty-six and
referred to below. The Authority shall exercise its best efforts to re-
11/100 (336.11) feet; and
locate such tracks and facilities, to vacate the Yards and to deliver
Southeasterly by Boylston Street, four hundred two and 98/100
full possession thereof, free of all tenants and occupants, to the United
(402.98) feet.
States as soon as practicable, and in any event by January 1, 1970,
To have and to hold the granted premises, together with all priv-
provided, however, that if the Authority shall be unable to move
ileges and appurtenances thereto belonging to the grantee, its succes-
prior to said date, then said date may be postponed by mutual agree-
sors and assigns, until the recording of an agreement and certificate
ment of the Authority and the Library Corporation (January 1,
(the "certificate") to which reference is hereafter made in Paragraph
1970, or such postponed date if there be one, being herein called the
I, and then to the use of the Library Corporation (mailing address: 122
"Termination Date").
Bowdoin Street, Boston, Massachusetts 02108) of SO much of said
IV. The granted premises also are conveyed subject to the building
Parcel 1 as is covered by such certificate.
line on said Memorial Drive, formerly Charles River Road, created
I. Promptly after each notice given by the Library Corporation
by vote of the City of Cambridge Park Commissioners on Novem-
of the Additional Land (as hereinafter defined) it wishes, the exact
ber 29, 1898, a copy of which is recorded with said Deeds, Book 2709,
metes and bounds of the part of the Yards thereafter to be owned by
Page 588, and to the building line on Boylston Street created by order
the United States and the remaining part to be owned by the Library
of the City Council dated February 12, 1962, recorded with said Deeds,
Corporation shall be agreed upon by the Authority and the United
Book 9997, Page 599, all SO far as now in force and applicable.
States acting by and through the Administrator, and title to such
V. The Authority shall indemnify the United States and hold it
Additional Land, subject to the payment by the Library Corporation
harmless against any loss, cost, damage or expense whatsoever which
to The Commonwealth of Massachusetts of the sum of $14 per square
it may incur or suffer by reason of public liability or taxes, if any,
foot for such Additional Land, shall automatically vest in the Library
or by any other reason, if such loss, cost, damage or expense is based
Corporation upon the filing in the Middlesex South District Registry
upon or results from the ownership, use or occupancy of the Yards
of Deeds within twenty (20) years from the date hereof of a certificate
prior to the time the full possession thereof shall have been delivered
which (a) shall set forth the exact metes and bounds of the part of
to the United States and to the Library Corporation.
the Yards thereafter to be owned by the United States and the exact
metes and bounds of the remaining part of the Yards to be owned by
VI. No Massachusetts deed excise stamps are affixed hereto, none
being required by law.
the Library Corporation, (b) shall state the area in square feet of the
S.R. 840
S.R. 840
6
In witness whereof the Massachusetts Bay Transportation Author-
ity has caused its corporate seal to be affixed and these presents to be
signed, acknowledged and delivered in its name and behalf by Charles
C. Cabot, William J. Fitzgerald, Philip Kramer, Robert P. Springer
and Forrest I. Neal, Jr., hereto duly authorized, this 24th day of
January, 1968.
MASSACHUSETTS BAY TRANSPORTATION AUTHORITY,
By CHARLES C. CaBoT,
WILLIAM J. FITZGERALD,
PHILIP KRAMER,
ROBERT P. SPRINGER,
FORREST I. NEAL, Jr.
The Commonwealth of Massachusetts, Suffolk, SS., January 24, 1968.
Then personally appeared the above-named Charles C. Cabot, William
J. Fitzgerald, Philip Kramer, Robert P. Springer and Forrest I. Neal,
Jr., known to me to be all of the Directors of the Massachusetts Bay
Transportation Authority, and acknowledged the foregoing instru-
ment to be the free act and deed of the Massachusetts Bay Transporta-
tion Authority, before me.
[SEAL]
JEANETTE S. CORRIGAN,
Notary Public.
My commission expires May 25, 1973.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1182
RETURNING CERTAIN LAND IN CAMBRIDGE, MASS.,
TO THE COMMONWEALTH OF MASSACHUSETTS
MAY 20, 1976.-Ordered to be printed
Mr. BROOKS, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany H.R. 12339]
The Committee on Government Operations, to whom was referred
the bill (H.R. 12339) to authorize the Administrator of General
Services to convey certain land in Cambridge, Massachusetts, to the
Commonwealth of Massachusetts, having considered the same, report
favorably thereon with amendments and recommend that the bill as
amended do pass.
The amendments are as follows:
On the first page, line 8, after "United States," strike out "as a gift
from the people of The Commonwealth of Massachusetts" and insert
"by the Commonwealth of Massachusetts, as a gift on behalf of its
people".
Amend the title SO as to read
"A bill to authorize and direct the Administrator of General Serv-
ices to convey certain land in Cambridge, Massachusetts, to the Com-
monwealth of Massachusetts.".
PURPOSE
The purpose of H.R. 12339 is to require the Administrator of Gen-
eral Services to convey to the Commonwealth of Massachusetts without
consideration approximately 10 acres of land situated in Cambridge,
Massachusetts. This is land that was given to the United States in 1968
on behalf of the people of Massachusetts in order to provide a site for
the Presidential archival depository of the John Fitzgerald Kennedy
Library, which is now expected to be built elsewhere.
COMMITTEE VOTE
At a meeting of the full Committee on Government Operations on
May 20, 1976, H.R. 12339 as amended was approved unanimously.
57-006
2
3
HEARING
located at the Harbour Campus of the University of Massachusetts in
On May 13, 1976, the Committee, through its Government Activities
Dorchester, Massachusetts. Consequently, the Commonwealth of Mas-
and Transportation Subcommittee, held a hearing on H.R. 12339.
sachusetts desires that the Cambridge land it gave in 1968 be returned
Witnesses were the Special Assistant to the Administrator of General
without consideration.
Services and the Acting Assistant General Counsel, General Services
The 1968 deed of conveyance to the United States did not provide
Administration. The General Services Administration submitted a
for reversion of the land to the donor in the event the land should not
prepared statement in support of the bill. After the hearing, the sub-
be used for the intended purpose, which purpose was clearly expressed
committee adopted two proposed technical amendments to H.R. 12339
in that deed as well as in both the 1965 Massachusetts statute and P.L.
and voted unanimously to report the bill to the Full Committee.
89-547.
There is a general law that would allow the Administrator to dis-
EXPLANATION OF THE AMENDMENTS
pose of property to the Commonwealth by direct negotiation. This is
The first technical amendment makes clear that the gift conveyance
found in section 203 (e) (3) (H) of the Federal Property Act (40
of the land in 1968 was by the Commonwealth of Massachusetts on
U.S.C. (3) (H). But such a transfer would require the Admin-
behalf of its people. Thus it is that the bill directs the land to be re-
istrator to obtain consideration representing the estimated fair market
value of the property. Moreover, even before any such negotiated
turned to the Commonwealth.
The second technical amendment is to conform the language of the
disposal, the Administrator would have to give other Federal agencies
a chance to pick up the property for further Federal utilization.
title to the operative language of the bill.
In order to assure that the Commonwealth be made whole after the
purpose of its gift of land to the United States failed because of un-
BACKGROUND
usual circumstances, it will be necessary for the Congress to enact
Chapter 864 of the Massachusetts Statutes of 1965 authorized a
special legislation. That is the function of this bill.
political subdivision of the Commonwealth, the Massachusetts Bay
In a letter dated April 13, 1976, the General Services Administra-
Transportation Authority (MBTA) to donate to the United States
tion supportst he bill, expressing the belief that since the intent of the
up to 10 acres in the City of Cambridge to provide a site for the Presi-
donor of the Cambridge site cannot now be satisfied, "the United
dential achival depository of the John F. Kennedy Library. In 1966,
States has both an equitable and moral obligation to return to the
the Congress authorized the Administrator to accept title to the
Commonwealth the same interest in the land it acquired at not cost
in 1968." The letter follows:
library to be erected at the Cambridge site and to do SO without reim-
bursement (P.L. 89-547; August 27, 1966; 80 Stat. 370). The House
Committee on Government Operations had considered and reported
GENERAL SERVICES ADMINISTRATION,
this measure as H.J. Res. 1207 (H. Report 89-1801). P.L. 89-547 also
Washington, D.C., April 13, 1976.
Hon. JACK BROOKS,
authorized the Administrator to maintain, operate, and protect the
depository as part of the National Archives system. With respect to
Chairman, Committee on Government Operations, House of Repre-
sentatives, Washington, D.C.
this site, the Administrator was expressly relieved of having to comply
with certain reporting requirements of general law (now found in 44
DEAR MR. CHAIRMAN In a letter dated March 10, 1976, your com-
U.S.C. 2108) with regard to any proposed gift of property for Presi-
mittee requested the views of the General Services Administration on
H.R. 12339, a bill "To authorize the Administrator of General Serv-
dential archives.
The land for the Library was accepted by GSA on behalf of the
ices to convey certain land in Cambridge, Mass., to the Commonwealth
United States on February 15, 1968. However, according to GSA
of Massachusetts."
testimony, the MBTA has been permitted to continue its use of the
The bill, if enacted, would require the Administrator to convey to
the Commonwealth of Massachusetts without consideration all inter-
tract.
DISCUSSION
ests of the United States in a tract of land containing approximately
10 acres which was formerly owned by the Massachusetts Bay Trans-
All plans to use the Cambridge site for the John F. Kennedy Li-
portation Authority. The land was formerly part of a train yard
brary have been abandoned. The reasons reportedly involve difficulties
owned by the authority and is located at the terminus of the Dorchester
in relocating train and bus-storage facilities for the MBTA and also
Cambridge rapid transit line in the City of Cambridge. It was donated
serious misgivings on the part of some neighbors that the proposed
to the United States by deed dated January 24, 1968, by the Common-
Library facility would adversely affect the environment by attracting
wealth of Massachusetts, as a gift from the people of the Common-
much automobile and pedestrian traffic to the area.
wealth, in order to provide a site for the John F. Kennedy Library.
Because of the prospect of added delay, the Board of Directors of
Public Law 89-547, 80 Stat. 370, approved August 27, 1966, authorized
the Kennedy Library Corporation voted not to construct the facility
the Administrator to accept the gift.
in Cambridge. Plans are well advanced for use of an alternate site
Because of opposition within the Cambridge community based on
concern for the environmental impact of the project, the Board of
Trustees of the John F. Kennedy Memorial Library voted not to con-
H.R. 1182
H.R. 1182
4
5
struct the facility in Cambridge. It is now proposed that the library
and administration of the general laws relating to real property dis-
be constructed on the site of the Harbour Campus of the University of
posal and to Presidential archival depositories as well as the organiza-
Massachusetts in Dorchester, Massachusetts.
tion and operation of the Federal agency responsible for administra-
Although the act of the Massachusetts legislature in authorizing the
tion and execution thereof. The Committee has determined that the
gift; Public Law 89-547, authorizing acceptance by the United States
particular need for this bill, arising out of an earlier special enactment
of the conveyance; and the deed of conveyance all recite the purpose
and unusual circumstances, does not indicate need for new or addi-
of the gift, the deed did not include a provision requiring a reversion of
tional legislation of a general nature.
the land in the event the property was not used for the intended pur-
With respect to subdivision (C), the Committee advises that no
pose. Accordingly, in the event the proposed bill is not enacted, the
estimate or comparison has been prepared by the Director of the Con-
property upon determination that it is surplus to the needs of the
gressional Budget Office relative to the provisions of H.R. 12339.
Federal Government will be disposed of pursuant to the Federal Prop-
In compliance with clause 2(1) (4), the Committee states that this
erty and Administrative Services Act of 1949, a law of general applica-
legislation in and of itself is not expected to have an inflationary
tion. In such event, the property could only be returned to the Com-
impact on prices and costs in the operation of the national economy.
monwealth upon payment of the estimated fair market value of the
property, or at no cost, or at a discount, provided, in the latter two
instances, the Commonwealth agree to restrict use of the property for
certain public purposes.
In view of the above, GSA strongly favors enactment of H.R. 12339.
The property was donated to the United States on the implied condi-
tion that it be used as a site for the Kennedy Library. The intent of
the donor cannot now be satisfied. It is believed that the United States
has both an equitable and moral obligation to return to the Common-
wealth the same interest in the land it acquired at no cost in 1968.
Enactment of H.R. 12339 is necessary to accomplish this objective.
The Office of Management and Budget has advised that, from the
standpoint of the Administration's program, there is no objection to
the submission of this report to your Committee.
We thank you for the opportunity of expressing the views of the
General Services Administration on this legislation.
Sincerely,
KENNETH M. DUBERSTEIN,
Director of Congressional Affairs.
CONCLUSION
The Committee concludes that reason and equity strongly justify
returning this property to the Commonwealth of Massachusetts. Ac-
cordingly, the Committee favors the enactment of this bill.
ESTIMATED CosT OF LEGISLATION
Enactment of this bill would not result in additional cost to the
Government other than the minimal, one-time administrative expense
that attends the conveyancing.
MATTERS REQUIRED To BE DISCUSSED UNDER HOUSE RULES
In compliance with clauses 2(1) (3) and 2(1) (4) of rule XI of the
Rules of the House of Representatives, the following statements are
made:
With respect to subdivision (A) of clause 2(1) (3), the Government
Activities and Transportation Subcommittee has reviewed application
H.R. 1182
CORRECTED SHEET
S. 3399
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To authorize and direct the Administrator of General Services to convey certain
land in Cambridge, Massachusetts, to the Commonwealth of Massachusetts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Admin-
istrator of General Services is authorized and directed to convey to
the Commonwealth of Massachusetts, without consideration and by
quitclaim deed, all right, title, and interest of the United States in
and to that certain tract of land, situated in Cambridge, Massachusetts,
which was conveyed to the United States, by the Commonwealth of
Massachusetts, as a gift on behalf of its people in order to provide a
site for the Presidential archival depository of the John Fitzgerald
Kennedy Library, by a deed dated January 24, 1968, and recorded with
the Middlesex, Massachusetts, Southern District Registry of Deeds in
book 11467 at page 668.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
May 24, 1976
Dear Mr. Director:
The following bills were received at the White
House on May 24th:
S. 2129
6. 2498
8. 3399
\
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C.