[House Report 105-516]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-516
_______________________________________________________________________


 
          TRANSFER OF PROPERTY IN WHITE RIVER NATIONAL FOREST

                                _______
                                

  May 7, 1998.--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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2416]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2416) to provide for the transfer of certain rights and 
property to the United States Forest Service in exchange for a 
payment to the occupant of such property, and for other 
purposes, 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 
thereof the following:

SECTION 1. AUTHORITY FOR SETTLEMENT.

    (a) Settlement.--If the Rocky Mountain Conference of the United 
Church of Christ agrees to vacate the approximately 6.3 acre property 
located in the Dillon Ranger District of the White River National 
Forest in Summit County, Colorado, as described in subsection (b), and 
all buildings on such property and to surrender any permit to use such 
property, buildings, and associated water rights and to transfer to the 
United States all right, title, and interest of the United Church of 
Christ to such property, buildings and water rights, the Secretary of 
Agriculture, acting through the Chief of the United States Forest 
Service, shall pay the Rocky Mountain Conference of the United Church 
of Christ an amount equal to the sum of--
          (1) the appraised fair market value of the water rights 
        decreed in Case No. W-1319 by the District Court, Water 
        Division No. 5, State of Colorado; and
          (2) the appraised fair market value of the two residential 
        structures constructed by the United Church of Christ on such 
        property.
The appraisal of such water rights and of such structures shall be made 
by an independent appraiser selected by the Chief of the United States 
Forest Service. The costs of such appraisal shall be divided between 
the Church and the United States Forest Service, with each party paying 
50 percent.
    (b) Description of Land.--The property referred to in subsection 
(a) is a tract of land being a portion of Government lot 3, Section 31, 
Township 5 South, Range 77 West of the 6th principal meridian, Summit 
County, Colorado, beginning at a point on the east line of said 
Government lot 3; whence the northeast corner of said lot bears N 00 
degrees 06 minutes 30 seconds E 280.00 feet distant. Said point being a 
Denver water board brass cap; thence south 00 degrees 06 minutes 30 
seconds W a distance of 500.00 feet; thence N 89 degrees 53 minutes 30 
seconds W a distance of 590.00 feet; thence N 00 degrees 06 minutes 30 
seconds E a distance of 440.00 feet; thence S 89 degrees 53 minutes 30 
seconds E a distance of 290.00 feet; thence N 00 degrees 06 minutes 30 
seconds E a distance of 60.00 feet; thence S 89 degrees 53 minutes 30 
seconds E a distance of 300.00 feet to the point of beginning. 
Containing 277,600 sq. ft. or 6.3 acres, together with a 25.00 foot 
wide easement for an existing well and water line serving the above 
referenced tract. Said well being located south 56 degrees 15 seconds W 
126.00 feet distant from the SW corner of said tract.
    (c) Exchange.--The Secretary is authorized to convey the lands 
described in subsection (b) to the United Church of Christ by exchange.
    (d) Sewage Treatment.--As a condition of the transfer under 
subsection (a), the permittee shall be required to bring all sewage 
treatment facilities associated with the property described in 
subsection (b) into compliance with all Federal, State, and local 
standards.
    (e) Forest Plan.--The Secretary of Agriculture is authorized to 
make such modifications in the management plan for the White River 
National Forest as may be necessary to reflect the enactment of this 
Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2416 is to provide for the transfer of 
certain rights and property to the United States Forest Service 
in exchange for a payment to the occupant of such property.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Rocky Mountain Conference of the United Church of 
Christ operates the La Foret Camp and Retreat Center on 
approximately 6.3 acres of land within the Dillon Ranger 
District of the White River National Forest in Summit County, 
Colorado. Operating under a special use permit from the U.S. 
Forest Service, the Church has developed and operated the 
retreat center since 1968.
    The United Church of Christ owns two buildings and related 
improvements on the camp site and holds adjudicated water 
rights. The existing sewer system needs improvements to meet 
current standards of the Colorado Department of Health. The 
previous special use permit, issued in 1968, expired in 1993. 
The Forest Service has issued a temporary one-year permit to 
the Church to provide time for necessary reconstruction and 
repair of the sewer system. After the system is repaired, the 
Forest Service has stated it is willing to issue a new ten-year 
term permit for camp activities, at the expiration of which the 
Church would be required to remove all improvements from the 
land.
    The United Church of Christ would prefer to acquire the 
land by exchange or vacate the property and sell its rights and 
improvements for fair market value to the Forest Service. H.R. 
2416 authorizes the Secretary of Agriculture to pay the Rocky 
Mountain Conference of the United Church of Christ the 
appraised fair market value of the water rights, and the 
replacement value of the two residential structures, based on 
an appraisal of the water rights and structures by an 
independent appraiser selected by the Chief of the Forest 
Service, upon agreement by the Rocky Mountain Conference of the 
United Church of Christ to vacate the property. Alternatively, 
it authorizes the Secretary to convey the lands to the United 
Church of Christ by land exchange.

                            COMMITTEE ACTION

    H.R. 2416 was introduced on September 5, 1997, by 
Congressman Joel Hefley (R-CO). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Forests and Forest Health. On October 28, 1997, 
the Subcommittee held a hearing on H.R. 2416, where Sandra Key, 
Associate Deputy Chief, Programs and Legislation, USDA Forest 
Service, testified on behalf of the Administration in 
opposition to the bill. The Administration objected to the 
acquisition of facilities that fail to meet State and local 
health and safety standards and that cannot be utilized without 
considerable investment. After the hearing, the District Ranger 
renewed the Church's special use permit for the site, requiring 
reconstruction of the sewage facilities. Once the work is 
completed, the Forest Service indicated it would issue a 
nonrenewable ten-year permit for continued use of the property 
by the Church.
    On November 4, 1997, the Subcommittee met to mark up H.R. 
2416. No amendments were offered and the bill was ordered 
favorably reported to the Full Committee by voice vote. On 
March 11, 1998, the Full Resources Committee met to consider 
H.R. 2416. Mr. Hefley offered an amendment in the nature of a 
substitute to provide that, if the property acquisition option 
is exercised, the Rocky Mountain Conference of the United 
Church of Christ shall pay one-half of the cost of the 
appraisal of the property. In addition, the amendment added a 
requirement that the Church must bring all sewage treatment 
facilities into compliance with all Federal, State and local 
standards, and it provided that the Secretary of Agriculture is 
authorized to make any modifications to the White River 
National Forest management plan that may be necessary to 
reflect enactment of the Act. The amendment was adopted by 
voice vote. The bill was then ordered favorably reported, as 
amended, to the House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(1)(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 on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 2416.

                        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. 2416. 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 requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2416 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 2416 could increase direct spending by the 
Forest Service if the Church vacates the land, but this would 
have no significant effect on the Federal budget.
    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. 2416.
    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. 
2416 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 26, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives,
Washington, DC, March 26, 1998.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2416, a bill to 
provide for the transfer of certain rights and property to the 
United States Forest Service in exchange for payment to the 
occupant of such property, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                           June E. O'Neill,
                                                          Director.
    Enclosure.

H.R. 2416--A bill to provide for the transfer of certain rights and 
        property to the United States Forest Service in exchange for a 
        payment to the occupant of such property, and for other 
        purposes

    H.R. 2416 would direct the Secretary of Agriculture, acting 
through the Forest Service, to pay the Rocky Mountain 
Conference of the United Church of Christ (RMC) the fair market 
value for certain water rights and residential structures if 
the RMC agrees to vacate about six acres of federal land 
(described in the bill) in the White river National Forest in 
Colorado. The bill would direct the RMC and the Forest Service 
to split the appraisal costs. Alternatively, H.R. 2416 would 
authorize the Secretary to convey the six acres of federal land 
to the RMC through an exchange.
    CBO estimates that implementing the bill would have no 
significant impact on the federal budget. If the RMC vacates 
the land, H.R. 2416 would increase direct spending by the 
Forest Service in fiscal year 1999, and thus pay-as-you-go 
procedures would apply. But we estimate that the increase in 
direct spending would total less than $500,000.
    H.R. 2416 contains no intergovernmental or private--sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    The CBO staff contact for this estimate is Victoria V. 
Heid. This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 2416 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 2416 would make no changes in existing 
law.

                            DISSENTING VIEWS

    We oppose this legislation because it sets a bad precedent 
by allowing a special use permittee of national forest lands to 
avoid, at taxpayer expense, its legal obligations. As the 
Forest Service testified at the October 28, 1997 hearing on 
H.R. 2416:

          The Administration objects to this bill as an 
        unnecessary expenditure of tax dollars to acquire a 
        site that fails to meet state and local health and 
        safety standards and that cannot be utilized without 
        substantial investment. There are thousands of special 
        use authorizations issued to non-profit organizations 
        throughout the National Forest System. Each of these 
        permittees agreed to certain terms and conditions, 
        among them the removal of improvements, after the 
        termination of the permit and conformity with state and 
        local health and safety codes.
          To afford this permittee relief from the obligations 
        to which it voluntarily agreed would establish a 
        precedent for other such users to the overall detriment 
        of the management of public lands. It is unfair that 
        the public should bear these substantial costs of 
        removal of improvements or, in the alternative, 
        complying with state and local health and safety codes. 
        The public should not be required to assume liability 
        for the improvements to the site allowed under special 
        use authority when the permittee constructed the 
        improvements knowing they had responsibility for 
        maintenance of the facilities or removal upon 
        termination of the permit.

    The substitute adopted at full committee seeks to address 
the Administration's concerns by requiring, as a condition of 
an exchange, that the permittee upgrade sewage treatment 
facilities to conform with health standards. But that was 
already required under the special use permit. Moreover, the 
substitute fails to address the fundamental problems that the 
special use permittee also agreed to remove improvements from 
these lands. For Congress to intervene, as H.R. 2416 provides, 
to use tax dollars or federal assets to bail out one special 
use permittee is fundamentally unfair to other permit holders 
who live up to their obligations.

                                   George Miller.
                                   Maurice Hinchey.
                                   Bruce Vento.

                                
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