[Senate Report 104-175]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 248
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-175
_______________________________________________________________________


 
                 TARGHEE NATIONAL FOREST LAND EXCHANGE

                                _______


               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.