[House Report 104-55]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-55
_______________________________________________________________________


 
                 TARGHEE NATIONAL FOREST LAND EXCHANGE

                                _______


 February 27, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 529]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 529) to authorize the exchange of National Forest System 
lands in the Targhee National Forest in Idaho for non-Federal 
lands within the forest in Wyoming, 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 
there-of the following:

SECTION 1. AUTHORIZATION OF EXCHANGE.

    (a) Conveyance.--Notwithstanding the requirements in the Act 
entitled ``An Act to Consolidate National Forest Lands'', approved 
March 20, 1922 (16 U.S.C. 485), and section 206(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716(b)) that Federal and 
non-Federal lands exchanged for each other must be located within the 
same State, the Secretary of Agriculture may convey the Federal lands 
described in section 2(a) in exchange for the non-Federal lands 
described in section 2(b) in accordance with the provisions of this 
Act.
    (b) Applicability of Other Provisions of Law.--Except as otherwise 
provided in this Act, the land exchange authorized by this section 
shall be made under the existing authorities of the Secretary.
    (c) Acceptability of Title and Manner of Conveyance.--The Secretary 
shall not carry out the exchange described in subsection (a) unless the 
title to the non-Federal lands to be conveyed to the United States, and 
the form and procedures of conveyance, are acceptable to the Secretary.

SEC. 2. DESCRIPTION OF LANDS TO BE EXCHANGED.

    (a) Federal Lands.--The Federal lands referred to in this Act are 
located in the Targhee National Forest in Idaho, are generally depicted 
on the map entitled ``Targhee Exchange, Idaho-Wyoming--Proposed, 
Federal Land'', dated September 1994, and are known as the North Fork 
Tract.
    (b) Non-Federal Lands.--The non-Federal lands referred to in this 
Act are located in the Targhee National Forest in Wyoming, are 
generally depicted on the map entitled ``Non-Federal Land, Targhee 
Exchange, Idaho-Wyoming--Proposed'', dated September 1994, and are 
known as the Squirrel Meadows Tract.
    (c) Maps.--The maps referred to in subsections (a) and (b) shall be 
on file and available for inspection in the office of the Targhee 
National Forest in Idaho and in the office of the Chief of the Forest 
Service.

SEC. 3. EQUALIZATION OF VALUES.

    Prior to the exchange authorized by section 1, the values of the 
Federal and non-Federal lands to be so exchanged shall be established 
by appraisals of fair market value that shall be subject to approval by 
the Secretary. The values either shall be equal or shall be equalized 
using the following methods:
          (1) Adjustment of lands.--
          (A) Portion of federal lands.--If the Federal lands are 
        greater in value than the non-Federal lands, the Secretary 
        shall reduce the acreage of the Federal lands until the values 
        of the Federal lands closely approximate the values of the non-
        Federal lands.
          (B) Additional federally-owned lands.--If the non-Federal 
        lands are greater in value than the Federal lands, the 
        Secretary may convey additional federally owned lands within 
        the Targhee National Forest up to an amount necessary to 
        equalize the values of the non-Federal lands and the lands to 
        be transferred out of Federal ownership. However, such 
        additional federally owned lands shall be limited to those 
        meeting the criteria for land exchanges specified in the 
        Targhee National Forest Land and Resource Management Plan.
          (2) Payment of money.--The values may be equalized by the 
        payment of money as provided in section 206(b) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).

SEC. 4. DEFINITIONS.

    For purposes of this Act:
          (1) The term ``Federal lands'' means the Federal lands 
        described in section 2(a).
          (2) The term ``non-Federal lands'' means the non-Federal 
        lands described in section 2(b).
          (3) The term ``Secretary'' means the Secretary of 
        Agriculture.

                          purpose of the bill

    The purpose of H.R. 529 is to authorize the Secretary of 
Agriculture to exchange approximately 95 acres of privately 
held land in Wyoming within the Targhee National Forest for 
Forest Service lands in Idaho within the Targhee National 
Forest.

                  background and need for legislation

    The Forest Service has identified privately-held lands 
known as Squirrel Meadows within the Targhee National Forest 
for acquisition. These lands are prime grizzly bear habitat and 
lie near the Jedidiah Smith Wilderness in Wyoming. The lands to 
be acquired by the private owner of Squirrel Meadows are those 
identified as the North Fork Tract in Idaho. Legislation is 
necessary because the Forest Service does not have the 
authority to exchange lands across State borders. H.R. 529 
requires an equal value exchange and the amounts may be 
equalized through acreage adjustments, additional Federally-
owned lands or the payment of money under 43 U.S.C. 1716(b). 
Although this exchange will not acquire all of the privately-
held lands in Squirrel Meadows, the Committee expects and the 
Forest Service intends to pursue acquisition of the remaining 
inholdings.

                            committee action

    H.R. 529 was introduced on January 17, 1995, by Mr. Crapo 
of Idaho. The bill was referred to the Committee on Resources 
and within the Committee, to the Subcommittee on National 
Parks, Forests and Lands. The Subcommittee on National Parks, 
Forests and Lands held a hearing on January 24, 1995, where 
testimony was received from the U.S. Forest Service. On January 
26, 1995, the Subcommittee met to consider H.R. 529. At that 
markup, Mr. Hansen offered an amendment to strike section 4 of 
the bill which required the Secretary of Agriculture to acquire 
additional inholdings in Squirrel Meadows, thus duplicating the 
existing management plan for the Targhee National Forest. The 
amendment was adopted by voice vote, and the bill as amended 
was ordered reported to the Committee on Resources. On February 
15, 1995, the Committee on Resources met in markup session to 
consider H.R. 529. At that markup, Mr. Hansen offered an 
amendment to the bill which clarified that lands available for 
exchange to equalize the exchange value of the lands involved 
must meet the criteria set forth in the Targhee National Forest 
Land Management Plan. The amendment was adopted by voice vote, 
and the bill, as amended, was ordered reported to the House of 
Representatives by voice vote, a quorum being present.

                      section-by-section analysis

Section 1. Authorization of exchange

    Notwithstanding certain acts controlling the exchange of 
Forest Service lands, the Secretary of Agriculture is 
authorized to conduct this interstate exchange of Federal 
Forest Service lands for non-Federal lands. The exchange must 
be conducted according to other provisions of law and must be 
acceptable to the Secretary.

Section 2. Description of lands to be exchanged

    The identified Federal lands are those located in the 
Targhee National Forest in Idaho. The identified non-Federal 
lands are known as the Squirrel Meadows Tract in Wyoming.

Section 3. Equalization of values

    Prior to the exchange, the lands shall be appraised at fair 
market and subject to approval of the Secretary. The values 
must be equal or must be equalized through increasing or 
decreasing the size of the Federal lands to be exchanged or the 
equalization may occur through the payment of money as provided 
in the Federal Land Policy and Management Act.

Section 4. Definitions

    This section defines the terms ``Federal lands'', ``non-
Federal'', and ``Secretary''.

            committee oversight findings and recommendations

    Pursuant to clause 2(l)(3) of Rule XI of the Rules of the 
House of Representatives and clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, the Committee's 
oversight findings and recommendations are reflected in the 
body of this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of Rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 529 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7(a) of Rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 529. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirements of clause 2(l)(3)(A) of 
Rule XI of the Rules of the House of Representatives, the 
Subcommittee on National Parks, Forests and Lands held a 
hearing on January 24, 1995, and received testimony from the 
Department of Agriculture regarding H.R. 529. The oversight 
findings and recommendations of the Committee are reflected in 
this report.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
Rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 529.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
Rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 529 
from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 23, 1995.
Hon. Don Young,
Chairman, Committee on Resources, U.S. House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 529, a bill to authorize the exchange of National 
Forest System lands in the Targhee National Forest in Idaho for 
non-Federal lands within the forest in Wyoming, as ordered 
reported by the House Committee on Resources on February 15, 
1995. We estimate that enacting this bill would not 
significantly increase costs to the federal government and 
would not directly affect the budgets of state or local 
governments. Because enactment of this bill would affect 
offsetting receipts, pay-as-you-go procedures would apply to 
the bill. Any such direct spending impacts would be negligible.
    H.R. 529 would provide an exception to current law that 
prohibits federal land management agencies from conducting 
interstate land exchanges. The bill would allow the Forest 
Service (FS) to exchange about 45 acres of federal land in 
Idaho for about 95 acres of private land within the boundaries 
of the Targhee National Forest in Wyoming. The exchange would 
be subject to land appraisals, and all lands exchanged would 
have to be of approximately equal value. (Consistent with 
current law, small cash payments would be allowed to equalize 
these values.)
    Based on information from the FS, we estimate that 
appraisals and the exchange itself can be completed at no 
significant additional cost to the federal government. It is 
possible that equalization payments would be made as part of 
the exchange, but any such payments are likely to be very 
small, and would be subject to appropriation. Because the land 
the FS would give up in the exchange currently generates about 
$20,000 annually in rental income, enacting H.R. 529 would 
result in a loss of offsetting receipts. If, the private party 
involved makes a cash equalization payment as part of the 
exchange, such income would count as offsetting receipts. We 
expect that the net effect of the bill on receipts would be 
very small.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Theresa 
Gullo, who can be reached at 226-2860.
            Sincerely,
                                             James L. Blum,
                              (For Robert D. Reischauer, Director).

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 529 would make no changes in existing law.

                          DEPARTMENTAL REPORTS

    The Committee has received no departmental reports on H.R. 
529.