[House Report 104-215]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-215
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 LAND CONVEYANCE, ROLLA RANGER DISTRICT, MARK TWAIN NATIONAL FOREST, MO

                                _______


  July 31, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


Mr. Roberts, from the Committee on Agriculture, submitted the following

                              R E P O R T

                        [To accompany H.R. 701]

      [Including cost estimate of the Congressional Budget Office]
    The Committee on Agriculture, to whom was referred the bill 
(H.R. 701) to authorize the Secretary of Agriculture to convey 
lands to the city of Rolla, Missouri, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. LAND CONVEYANCE, ROLLA RANGER DISTRICT ADMINISTRATIVE SITE, 
                    ROLLA, MISSOURI

    (a) Conveyance Authorized.--Subject to the terms and conditions 
specified in this section, the Secretary of Agriculture may sell to the 
city of Rolla, Missouri (in this section referred to as the ``City''), 
all right, title, and interest of the United States in and to the 
following:
          The property identified as the Rolla Ranger District 
        Administrative Site of the Forest Service located in Rolla, 
        Phelps County, Missouri, encompassing ten acres more or less, 
        the conveyance of which by C.D. and Oma A. Hazlewood to the 
        United States was recorded on May 6, 1936, in book 104, page 
        286 of the Record of Deeds of Phelps County, Missouri.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall pay to the Secretary an amount equal to 
the fair market value of the property as determined by an appraisal 
acceptable to the Secretary and prepared in accordance with the Uniform 
Appraisal Standards for Federal Land Acquisition as published by the 
Department of Justice. Payment shall be due in full within six months 
after the date the conveyance is made or, at the option of the City, in 
twenty equal annual installments commencing on January 1 of the first 
year following the conveyance and annually thereafter until the total 
amount due has been paid.
    (c) Deposit of Funds Received.--Funds received by the Secretary 
under subsection (b) as consideration for the conveyance shall be 
deposited into the special fund in the Treasury authorized by the Act 
of December 4, 1967 (16 U.S.C. 484a, commonly known as the Sick Act). 
Such funds shall be available, subject to appropriation, until expended 
by the Secretary.
    (d) Release.--Subject to compliance with all Federal environmental 
laws prior to transfer, the City, upon conveyance of the property under 
subsection (a), shall agree in writing to hold the United States 
harmless from any and all claims relating to the property, including 
all claims resulting from hazardous materials on the conveyed lands.
    (e) Right of Reentry.--The conveyance to the City under subsection 
(a) shall be made by quitclaim deed in fee simple, subject to a right 
of reentry in the United States if the Secretary determines that the 
City is not in compliance with the compensation requirements specified 
in subsection (b) or other condition prescribed by the Secretary in the 
deed of conveyance.
    (f) Conservation of Historic Resources.--In consultation with the 
State Historic Preservation Office of the State of Missouri, the 
Secretary shall ensure that the historic resources on the property to 
be conveyed are conserved by requiring, at the closing on the 
conveyance of the property, that the City convey an historic 
preservation easement to the State of Missouri assuring the right of 
the State to enter the property for historic preservation purposes. The 
historic preservation easement shall be negotiated between the State of 
Missouri and the City, and the conveyance of the easement shall be a 
condition to the conveyance authorized under subsection (a). The 
protection of the historic resources on the conveyed property shall be 
the responsibility of the State of Missouri and the City, and not that 
of the Secretary.
                           brief explanation

    H.R. 701 authorizes the Secretary of Agriculture to convey 
land within the Mark Twain National Forest to the City of 
Rolla, Missouri. The transfer will be based upon the City of 
Rolla paying the Secretary consideration equal to the fair 
market value as determined by an appraisal acceptable to the 
Secretary. Payment can be made in full within 6 months of the 
conveyance or in twenty equal installments made annually until 
paid in full.
    H.R. 701 further provides that the Secretary, in 
consultation with the State Historic Preservation Office, 
ensure that the historic resources on the property are 
conserved by requiring the City to convey an historic 
preservation easement to the State assuring the right of the 
State to enter the property for historic preservation purposes. 
The protection of historic resources is the responsibility of 
the City and the State.
    It is the intention of the City that the historic resources 
in question, a former district ranger office, be used as a 
regional tourist center for the Mark Twain National Forest.

                            purpose and need

    H.R. 701 would convey land to the City of Rolla for a 
tourist center. Since the facility would have no further 
commercial viability without the direct involvement of the City 
it is the belief of the Committee that two important goals 
would be achieved by this transaction, economic development for 
the City and historic preservation.

                      section-by-section analysis

    Section 1(a) Authorizes the Secretary of Agriculture to 
convey to the City of Rolla, Missouri 10 acres identified as 
the Rolla Ranger District Administrative Site of the Forest 
Service.
    Section 1(b) Provides that the City pay the Secretary 
consideration equal to the fair market value as the determined 
by an appraisal acceptable to the Secretary and prepared in 
accordance with the Uniform Appraisal Standards for Federal 
Land Acquisition. At the option of the City, payment is due in 
full within six months of the conveyance, or in twenty equal 
installments made annually until paid in full.
    Section 1(c) Provides that the consideration received be 
deposited in a special fund in the Treasury authorized by the 
Act of December 4, 1967, commonly known as the Sisk Act. Funds 
are available, subject to appropriation, until expended by the 
Secretary.
    Section 1(d) Provides that the City agree to hold the 
United States harmless from claims relating to the property, 
including those resulting from hazardous materials, subject to 
Federal environmental laws.
    Section 1(e) Provides that the conveyance be made by 
quitclaim deed in fee simple. The conveyance is subject to 
reversion to the United States and right of reentry upon 
conditions prescribed in the deed or in the event the City 
fails to comply with consideration requirements.
    Section 1(f) Provides that the Secretary, in consultation 
with the State Historic Preservation Office, ensure that the 
historic resources on the property are conserved by requiring 
the City to convey a historic preservation easement to the 
State thus assuring the right of the State to enter the 
property for historic preservation purposes. The easement is to 
be negotiated between the City and the State. Conveyance of the 
property is conditioned upon such an easement in favor of the 
State. The protection of historic resources is the 
responsibility of the City and State, not the Secretary.

                        committee consideration

I. Hearings

    The Subcommittee on Resource Conservation, Research, and 
Forestry held a hearing on H.R. 701 on July 13, 1995, to hear 
the bill's sponsor, the Honorable Bill Emerson, discuss the 
legislation. A representative from the U.S. Forest Service also 
testified on the bill.
II. Full committee consideration

    Pursuant to notice, the Committee on Agriculture met July 
20, 1995, and Chairman Roberts called the business meeting to 
order to consider H.R. 701, A bill authorizing the Secretary of 
Agriculture to convey lands to the City of Rolla, Missouri. The 
Subcommittee on Resource Conservation, Research and Forestry 
was discharged from further consideration of the bill. Mr. 
Allard, Chairman of the Subcommittee, was recognized to explain 
the bill, and yielded to Mr. Emerson for a statement in support 
of the bill.
    Mr. Emerson then requested unanimous consent to offer a 
substitute bill to be considered as original text. The bill was 
adopted by voice vote and ordered to be reported to the House 
with the recommendation that the bill, as adopted, do pass.

                   reporting the bill--rollcall votes

    In compliance with clause 2(l)(2) of rule XI of the House 
of Representatives, H.R. 701 was reported, as amended, with a 
quorum actually present. There was no motion or request for a 
recorded vote.

                        administration position

    Janice McDougle, Associate Deputy Chief of the Forest 
Service, testified before the Subcommittee on Resource 
Conservation, Research, and Forestry on July 13, 1995. Ms. 
McDougle reported that, ``The Administration supports the 
concept of H.R. 701.''

          budget act compliance (section 308 and section 403)

    The provisions of clause 2(l)(3)(B) of rule XI of the Rules 
of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, or new credit 
authority, or increased or decreased revenues or tax 
expenditures) are not considered applicable. The estimate and 
comparison required to be prepared by the Director of the 
Congressional Budget Office under clause 2(l)(C)(3) of rule XI 
of the Rules of the House of Representatives and section 403 of 
the Congressional Budget Act of 1974 submitted to the Committee 
prior to the filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 28, 1995.
Hon. Pat Roberts,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 701, a bill to authorize the Secretary of 
Agriculture to convey lands to the city of Rolla, Missouri, as 
ordered reported by the House Committee on Agriculture on July 
18, 1995. CBO estimates that enacting this bill would have no 
significant effect on the federal budget or on the budgets of 
state and local governments. Enacting the bill would not affect 
direct spending or receipts for pay-as-you-go purposes; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 701 would authorize the Secretary of Agriculture to 
sell to the city of Rolla, Missouri, the ten-acre property 
identified as the Rolla Ranger District Administrative Site of 
the Forest Service. In the event of a sale, the bill would 
require that the city pay the Secretary the fair market value 
of the property. The bill would allow the city to make such 
payment either in one lump sum within six months of the 
conveyance or in twenty equal annual installments beginning on 
January 1 of the first year following the sale. Funds received 
for the sale of the property would be paid into the Treasury 
and be available for future spending subject to appropriation.
    As of June 30, 1993, the appraised value of the property 
was $260,000, which reflects limitations on development because 
the property is eligible for the National Register of Historic 
Places. H.R. 701 provides that, as a condition of the sale, the 
city of Rolla, Missouri, convey an historic preservation 
easement to the state of Missouri. The easement would be 
negotiated between the state and the city.
    Assuming that the city chooses to purchase the site and to 
make the payments over 20 years, we estimate that the federal 
government would receive about $13,000 a year from the city. 
This amount would be considered the proceeds of an asset sale. 
Under the 1996 budget resolution, such proceeds are counted in 
the budget totals for purposes of Congressional scoring. Under 
the Balanced Budget Act, however, proceeds from asset sales are 
not counted in determining compliance with the discretionary 
limits or pay-as-you-go requirements.
    The property involves no significant operating costs now. 
Therefore, we expect that sale of the property would not affect 
discretionary spending by the Forest Service.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that 
enactment of H.R. 701, as amended, will have no inflationary 
impact on the national economy.

                          oversight statement

    No summary of oversight findings and recommendations made 
by the Committee on Government Reform and Oversight under 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives was available to the Committee with reference 
to the subject matter specifically addressed by H.R. 701, as 
amended.
    No specific oversight activities other than the hearings 
detailed in this report were conducted by the Committee within 
the definition of clause 2(b)(1) of rule X of the Rules of the 
House of Representatives.