[Senate Report 104-205]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 307
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-205
_______________________________________________________________________



 
                  LAND CONVEYANCE TO EUFAULA, OKLAHOMA
                                _______


                January 26, 1996. Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1406]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1406), to authorize the Secretary of the 
Army to convey to the city of Eufaula, Oklahoma, a parcel of 
land located at the Eufaula Lake project, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                           GENERAL STATEMENT

                                SUMMARY

    The purpose of this bill is to provide for the conveyance 
of approximately four acres of land at the Eufaula Lake project 
from the Secretary of the Army to the city of Eufaula, 
Oklahoma, at fair market value. The Army Corps of Engineers 
acquired this parcel of land under authority provided by the 
1946 River and Harbor Act to construct the existing Eufaula 
Lake project.
    The parcel of land described in the legislation is 
separated from the rest of the Eufaula Lake project by a 
highway and is non-contiguous property. The property serves no 
identifiable project purpose. It has been determined by the 
Army Corps of Engineers that conveyance of the property will 
have no impact on the project. S. 1406 will allow for a more 
beneficial use of the property.

                      SECTION-BY-SECTION ANALYSIS

    Section 1. Conveyance of Land at Eufaula Lake Project.
    Section 1(a) provides that the Secretary may convey to the 
city of Eufaula, Oklahoma, all right, title, and interest of 
the United States in and to a parcel of land consisting of 
approximately 4 acres located at the Eufaula Lake project.
    Section 1(b) provides that consideration for the conveyance 
under subsection (a) shall be the fair market value of the 
land, as determined by the Secretary, and payments of all costs 
of the United States in making the conveyance, including the 
costs of--

          (1) the environmental baseline survey required under 
        Section 1(d) of this act;
          (2) any other necessary survey or survey 
        monumentation;
          (3) compliance with the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.); and
          (4) any coordination necessary with respect to 
        requirements relating to endangered species, cultural 
        resources, and clean air (including the costs of agency 
        consultation and public hearings).

    Section 1(c) provides that the exact acreage and 
description of the parcel to be conveyed under subsection (a) 
shall be determined by such surveys as the Secretary considers 
necessary, to be carried out to the satisfaction of the 
Secretary.
    Section 1(d) provides that prior to making the conveyance 
under subsection (a) of this act, the Secretary shall conduct 
an environmental baseline survey to determine the levels of any 
contamination, as of the date of the survey, for which the 
United States would be responsible under the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) and any other applicable law.
    Section 1(e) provides that the conveyance under subsection 
(a) shall be subject to valid existing rights and to retention 
by the United States of a flowage easement over all portions of 
the parcel that lie below the flowage easement contour for the 
Eufaula Lake project.
    Section 1(f) provides that the conveyance under subsection 
(a) shall be subject to such other terms and conditions as the 
Secretary considers necessary and appropriate to protect the 
interests of the United States.

                                HEARINGS

    No hearings were held on the bill.

                            ROLL CALL VOTES

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any roll call votes taken during 
consideration of legislation be noted in the report on that 
legislation.
    At the business meeting of the Committee on Environment and 
Public Works on December 19, 1995, the bill S. 1406 was ordered 
to be reported favorably by voice vote. No roll call vote was 
taken.

                           REGULATORY IMPACT

    In compliance with Section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact of the bill.
    The bill does not create any additional regulatory burdens.

                          COST OF LEGISLATION

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 23, 1996.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office (CBO) 
has reviewed S. 1406, which would authorize the Secretary of 
the Army to sell certain property to the city of Eufaula, 
Oklahoma, as ordered reported by the Senate Committee on 
Environment and Public Works on December 19, 1995. Enactment of 
the bill would result in an asset sale that would not 
significantly affect the budget of the federal government.
    S. 1406 would authorize the Secretary of the Army to sell 
about four acres of land to the city of Eufaula. The proceeds 
from the sale, which CBO estimates would total less than 
$100,000, would be deposited in the Treasury as offsetting 
receipts.
    Consistent with the fiscal year 1996 budget resolution, the 
proceeds from asset sales are counted in the budget totals for 
purposes of Congressional scoring. Under the Balanced Budget 
and Emergency Deficit Control Act of 1985, however, the 
proceeds from asset sales are not counted in determining 
compliance with discretionary spending limits or the pay-as-
you-go requirement.
    The land conveyance authorized by this bill would be 
entered into voluntarily by the city of Eufaula, Oklahoma. 
Therefore, CBO estimates that this bill would impose no 
intergovernmental mandates as defined by Public Law 104-4. 
Furthermore, the bill would impose no new private sector 
mandates, also as defined by Public Law 104-4.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kent 
Christensen, who can be reached at 226-2840.
            Sincerely,
                                                   June E. O'Neill.

                        CHANGES IN EXISTING LAW

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes to existing law must be shown if 
applicable. No change to existing law would occur with passage 
of this legislation.