[Senate Report 104-175]
[From the U.S. Government Publishing Office]
Calendar No. 248
104th Congress Report
SENATE
1st Session 104-175
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TARGHEE NATIONAL FOREST LAND EXCHANGE
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November 20, 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 529]
The Committee on Energy and Natural Resources, to which was
referred the Act (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, reports favorably thereon without
amendment and recommends that the Act do pass.
PURPOSE OF THE MEASURE
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
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).
LEGISLATIVE HISTORY
H.R. 529 passed the House on March 28, 1995 by a voice
vote. A hearing was held before the Forests and Public Lands
Management Subcommittee on June 8, 1995.
At the business meeting on October 11, 1995, the Committee
on Energy and National Resources ordered H.R. 529 favorably
reported.
COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES
The Committee on Energy and Natural Resources, in open
business session on October 11, 1995, by a unanimous vote of a
quorum present, recommends that the Senate pass H.R. 529 as
described herein.
The rollcall vote on reporting the measure was 20 yeas, 0
nays, as follows:
Yeas Nays
Mr. Murkowski
Mr. Hatfield*
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Jeffords*
Mr. Burns
Mr. Johnston
Mr. Bumpers*
Mr. Ford
Mr. Bradley*
Mr. Bingaman
Mr. Akaka
Mr. Wellstone
Mr. Heflin
Mr. Dorgan*
*Indicates vote by proxy.
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.
Sec. 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.
Sec. 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.
Sec. 4. Definitions
This section defines the terms ``Federal lands'', ``non-
Federal'', and ``Secretary''.
cost and budgetary considerations
The following estimate of the cost of this measure was
provided by the Congressional Budget Office to the House of
Representatives after the House Resources Committee reported
H.R. 529 on February 15, 1995. The measure has not been amended
since it was reported by the House Resources Committee.
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 effort 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 Gull.
Sincerely,
James L. Blum
(For Robert D. Reischauer, Director).
regulatory impact evaluation
Incompliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 529. The Act is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little if any additional paperwork result from the
enactment of H.R. 529, as ordered reported.
executive communications
The Committee received no departmental reports on H.R. 529.
At the June 8, 1995 Forests and Public Land Management
Subcommittee hearing on H.R. 529, U.S. Forest Service Chief,
Jack Ward Thomas, testified on the measure as follows:
targhee national forest land exchange
Now let me address the Targhee National Forest Land
exchange.
The Department of Agriculture supports enactment of H.R.
529.
The Department testified before the House Resources
Subcommittee on National Parks, Forests, and Lands on January
24, 1995, concerning this legislation. At that time, we
supported enactment of H.R. 529, if amended. The version of the
bill passed by the House and referred to this committee
incorporates amendments responsive to our earlier concerns.
H.R. 529 would authorize the exchange of National Forest
System land currently occupied by the North Fork recreation
residence tract on the Targhee National Forest in Idaho for a
95-acre parcel of private land within the boundaries of the
Targhee National Forest in Wyoming. This would be an equal
value exchange. The bill specifies the manner in which
equalization of values would be achieved. The actual number of
acres exchanged would be determined by fair market value
appraisals. The intent of the bill is to acquire all 95 acres
of private land using the minimum National Forest System
acreage necessary to equalize values. Legislation is necessary
because the lands involved are in two different states.
The non-Federal lands are unimproved meadows, pastures and
wetlands within an area of the Targhee National Forest which is
designated for management as Situation 1 grizzly bear habitat.
Situation 1 habitat is considered critical to long-term
management and recovery of the grizzly bear. The North Fork
recreation residence permit holders are in favor of the
proposed land exchange.
This concludes my statement. We will be happy to respond to
your questions.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 529, as
ordered reported.