[Senate Report 104-38]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 61
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-38
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                      COLUMBIA BASIN LAND EXCHANGE

                                _______


   April 7, (legislative day, April 5), 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 S. 378]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 378) to authorize the Secretary of the 
Interior to exchange certain lands of the Columbia Basin 
Federal reclamation project, Washington, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 378, as ordered reported, is to authorize 
the Secretary of the Interior to exchange certain lands of the 
Columbia Basin Federal reclamation project in the State of 
Washington.

                          Background and Need

    Kettle Falls, located in the Northeast portion of the State 
of Washington, is the site of the Coulee Dam National 
Recreation Area (the ``CODA''). This area is currently 
administered by the National Park Service, although the Bureau 
of Reclamation (the ``Bureau'') owns the land. Boise Cascade 
Corporation, a lumber company, operates its business adjacent 
to the Bureau lands. A segment of the Bureau land, totaling 26 
acres, provides a buffer between scenic Lake Roosevelt and 
Boise Cascade's plywood and sawmill operations.
    In the 1960's, Boise Cascade obtained a special use permit 
to the 26 acres along the edge of the CODA. The Corporation 
currently uses this land for log storage. In 1990, the Park 
Service determined that Boise Cascade's use of this Federal 
land did not meet the requirements of NPS-53, the Special Use 
Permit Guidelines. A phase-out was instituted, slated to take 
full effect in the year 2000.
    The Boise Cascade Corporation contacted the Administration 
in 1991, proposing a land exchange involving approximately 6.7 
acres of the 26 acres involved in the special use permit. The 
Corporation felt that this land was indispensable to its 
operation, and the loss of its use would compromise more than 
350 jobs. Also, the land involved in the special use permit 
borders so closely the Corporation's industrial activities that 
its value to the Bureau and the Park Service is greatly 
diminished. In exchange for the 6.7 acres, the Corporation 
would convey title of up to 136 acreas of land to the Bureau. 
This land, located along the Federal boundary in the Kettle 
River area, has significant wildlife habitat and recreation 
potential.
    Both the Bureau and the Park Service have expressed support 
for the land exchange. Similarly, local environmental groups 
have endorsed the plan.

                          legislative history

    S. 378 was introduced by Senators Gorton and Murray on 
February 9, 1995.
    In the 103rd Congress, identical legislation, S. 1324, was 
introduced by Senators Gorton and Murray on July 30, 1993. The 
Subcommittee on Public lands, National Parks and Forests held a 
hearing on S. 1324 on March 23, 1994. The Bureau of Reclamation 
testified in support of S. 1324. At the business meeting on 
September 21, 1994, the Committee on Energy and Natural 
Resources favorably reported S. 1324 but no further action was 
taken.
    At the business meeting on March 29, 1995, the Committee on 
Energy and Natural Resources ordered S. 378 favorably reported, 
without amendment.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on March 29, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 378 without 
amendment.
    The roll call vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas \1\
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan

    \1\ Indicates voted by proxy.

                      section-by-section analysis

    Section 1 authorizes the Secretary of the Interior (the 
``Secretary'') to convey seven areas of land in Stevens County, 
Washington, to the Boise Cascade Corporation in exchange for 
one hundred thirty-six (136) acres of land also located in 
Stevens County, Washington.
    Section 2 requires that the exchanged properties be 
approximately equal value and provides that the Secretary 
appraise the value of each tract of land included in the 
exchange. Any cash payment received by the Secretary to 
equalize the value of the lands shall be covered in the 
Reclamation Fund and credited to the Columbia Basin project.
    Section 3 stipulates that the costs of surveying, preparing 
legal descriptions of the land to be conveyed, performing 
appraisals, and administrative costs in completing the exchange 
shall be borne by the Boise Cascade Corporation.
    Section 4 provides that the Secretary shall not acquire any 
lands that have become contaminated with hazardous substances, 
nor shall the United States be responsible or liable for 
contamination occurring after land has been transferred to 
another party. The Boise Cascade Corporation shall indemnify 
the United States for liabilities arising under the 
Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9601, and the Resource Conservation 
and Recovery Act, 42 U.S.C. 6901 et seq.
    Section 5 authorizes the appropriation of such sums as are 
necessary to carry out the Act.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 31, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 378, a bill to authorize the Secretary of the 
Interior to exchange certain lands of the Columbia Basin 
federal reclamation project, Washington, and for other 
purposes, as ordered reported by the Senate Committee on Energy 
and Natural Resources on March 29, 1995. We estimate that 
enactment of this bill would result in no significant 
additional costs to the federal government and no costs to 
state or local governments. Because enactment of S. 378 would 
increase direct spending in the form of lost offsetting 
receipts, pay-as-you-go procedures would apply to the bill. We 
estimate that such increases would not be significant.
    S. 378 would authorize the Secretary of the Interior to 
acquire about 136 acres of land from the Boise Cascade 
Corporation in exchange for about seven acres of land owned by 
the federal government. Based on an appraisal to be carried out 
after enactment, the lands involved in the exchange would have 
to be of equal value. If lands are determined not to be of 
equal value, cash equalization payments would be made. The bill 
would authorize the appropriation of such sums as may be 
necessary to carry out the provisions of the bill, but 
stipulates that the corporation would ultimately be responsible 
for paying all administrative costs associated with the bill.
    Based on information provided by the Bureau of Reclamation 
and the National Park Service--the two agencies affected by the 
bill--CBO estimates that implementation of this bill would not 
significantly increase costs to the federal government. While 
the bill would authorize the federal government to make cash 
payments to equalize land exchanges if necessary, we do not 
expect such payments to be made. Furthermore, any such payments 
would be subject to future appropriations. The corporation is 
currently paying the federal government about $3,000 annually 
for a use permit on the land it would relinquish. The 
corporation would no longer make these payments once the land 
exchange is complete.
    The following table shows the estimated pay-as-you-go 
impact of this bill.

------------------------------------------------------------------------
                                        1995     1996     1997     1998 
------------------------------------------------------------------------
Change in outlays...................        0        0        0        0
Change in receipts..................    (\1\)    (\1\)    (\1\)    (\1\)
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Ian 
McCormick and Theresa Gullo.
            Sincerely,
                                         June E. O'Neill, Director.

                      regulatory impact evaluation

    In compliance 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 S. 378. The bill 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 would result from the 
enactment of S. 378, as ordered reported.

                        executive communications

    On March 24, 1995, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 378. These reports 
had not been received at the time the report on S. 378 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate.

                        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 bill S. 378, as ordered 
reported.