Senate Report 105-233 - NATIONAL FOREST LANDS IN ARIZONA

[Senate Report 105-233]
[From the U.S. Government Publishing Office]

Calendar No. 447
105th Congress Report
SENATE

2d Session 105-233
_______________________________________________________________________

NATIONAL FOREST LANDS IN ARIZONA

_______

July 2, 1998.--Ordered to be printed

Filed under authority of the order of the Senate of June 26, 1998

_______________________________________________________________________

Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following

R E P O R T

[To accompany S. 1752]

The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1752) to authorize the Secretary of
Agriculture to convey certain administrative sites and use the
proceeds for the acquisition of office sites and the
acquisition, construction, or improvement of offices and
support buildings for the Coconino National Forest, Kaibab
National Forest, Prescott National Forest, and Tonto National
Forest in the State of Arizona, having considered the same,
reports favorably thereon with an amendment and recommends 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. DEFINITIONS.

In this Act, the term ``Secretary'' means the Secretary of
Agriculture.

SEC. 2. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.

(a) In General.--Subject to subsection (c), the Secretary, under such
terms and conditions as the Secretary may prescribe, may sell or
exchange any or all right, title, and interest of the United States in
and to the following National Forest System administrative sites:
(1) The Camp Verde Administrative Site, comprising
approximately 213.60 acres, as depicted on the map entitled
``Camp Verde Administrative Site'', dated April 12, 1997.
(2) A portion of the Cave Creek Administrative Site,
comprising approximately 16 acres, as depicted on the map
entitled ``Cave Creek Administrative Site'', dated May 1, 1997.
(3) The Fredonia Duplex Housing Site, comprising
approximately 1.40 acres and the Fredonia Housing Site,
comprising approximately 1.58 acres, as depicted on the map
entitled ``Fredonia Duplex Dwelling, Fredonia Ranger
Dwelling'', dated August 28, 1997.
(4) The Groom Creek Administrative Site, comprising
approximately 7.88 acres, as depicted on the map entitled
``Groom Creek Administrative Site'', dated April 29, 1997.
(5) The Payson Administrative Site, comprising approximately
296.43 acres, as depicted on the map entitled ``Payson
Administrative Site'', dated May 1, 1997.
(6) The Sedona Administrative Site, comprising approximately
21.41 acres, as depicted on the map entitled ``Sedona
Administrative Site'', dated April 12, 1997.
(b) Exchange Acquisitions.--The Secretary may acquire land and
existing or future administrative improvements in exchange for a
conveyance of an administrative site under subsection (a).
(c) Applicable Authorities.--A sale or exchange of an administrative
site shall be subject to the laws (including regulations) applicable to
the conveyance and acquisition of land for National Forest System
purposes.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of an administrative site in an exchange under
subsection (a).
(e) Solicitations of Offers.--In carrying out this Act, the Secretary
may--
(1) use solicitations of offers for sale or exchange on such
terms and conditions as the Secretary may prescribe; and
(2) reject any offer if the Secretary determines that the
offer is not adequate or not in the public interest.

SEC. 3. DISPOSITION OF FUNDS.

The proceeds of a sale or exchange under section 2 shall be deposited
in the fund established under Public Law 90-171 (16 U.S.C. 484a)
(commonly known as the ``Sisk Act'') and shall be available for
expenditure, until expended, for--
(1) the acquisition of land and interests in land for
administrative sites; and
(2) the acquisition, construction, or improvement of offices
and new or other administrative buildings for the Coconino
National Forest, Kaibab National Forest, Prescott National
Forest, and Tonto National Forest.

SEC. 4. REVOCATIONS.

(a) Public Land Orders.--Notwithstanding any other provision of law,
to facilitate the sale or exchange of the administrative sites, public
land orders withdrawing the administrative sites from all forms of
appropriation under the public land laws are revoked for any portion of
the administrative sites conveyed by the Secretary.
(b) Effective Date.--The effective date of a revocation made by this
section shall be the date of the patent or deed conveying the
administrative site.

purpose

S. 1752, as ordered reported, would authorize the Secretary
of Agriculture to sell or exchange approximately 558 acres of
administrative sites on National Forests in Arizona and to
acquire other administrative sites through purchase or
exchange.

background and need

The Forest Service is interested in exchanging or selling
sites parcels of land on the Prescott, Tonto, Kaibab, and
Coconino National Forests in Arizona. These sites are no longer
needed for agency or public purposes. If the parcels are sold,
the Forest Service wants to use the proceeds from five of these
sales to either fund new construction or upgrade current
administrative facilities on these national forests. Funds
generated from the sale of the sixth parcel could be used to
acquire new sites, or construct new administrative facilities
at any national forest in Arizona.
S. 1752 would enhance customer and administrative services
by allowing the Forest Service to consolidate and update
facilities and/or move facilities to more convenient locations.
For example, the Forest Service wants to upgrade its facility
in Payson, Arizona, and move it to a better location. In
addition, the Forest Service is considering co-locating three
administrative sites, currently at Sedona, Camp Verde, and
Beaver Creek, to a new site in the Verde Valley. Co-location of
these sites in a more accessible place will enhance customer
service in an area which has a very high level of tourism and
recreation use. S. 1752 would improve services for national
forest users in Arizona and facilitate the disposal of
unmanageable and excess parcels of national forest lands.

legislative history

S. 1752 was introduced on March 12, 1998 by Senator Kyl.
The Subcommittee on Forests and Public Land Management held a
hearing on S. 1752 on March 25, 1998. At the business meeting
on May 13, 1998, the Committee on Energy and Natural Resources
ordered S. 1752, as amended, favorably reported.

committee recommendation and tabulation of votes

The Senate Committee on Energy and Natural Resources, in
open business session on May 13, 1998, by unanimous vote of a
quorum present recommends that the Senate pass S. 1752, if
amended as described herein.
The rollcall vote on reporting the measure was 20 yeas, no
nays as follows:
YEAS NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams \1\
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman
Mr. Akaka
Mr. Dorgan \1\
Mr. Graham \1\
Mr. Wyden
Mr. Johnson
Ms. Landrieu

\1\ Indicates vote by proxy.

committee amendment

During consideration of S. 1752, the Committee adopted an
amendment in the nature of a substitute offered by Senator Kyl.
The amendment makes a number of technical corrections. It
provides a more precise description of the Payson
Administrative Site and clarifies the use of funds received
from a sale or exchange. The terms of revocations were also
clarified. The amendment also specifies that normal contract
bidding procedures will be used for solicitations.

section-by-section analysis

Section 1 contains definitions.
Section 2(a) prescribes that the Secretary may sell or
exchange any or all right, title, and interest of the United
States in and to the National Forest System administrative
sites described in Paragraphs (1) through (6) subject to the
provisions of in subsection (c).
Paragraphs (1) through (6) identify the administrative
sites.
Subsection (b) states that the Secretary may acquire land
and existing or future administrative improvements in exchange
for a conveyance of an administrative site identified
subsection (a).
Subsection (c) requires that the sale or exchange of an
administrative site shall be subject to the applicable laws.
Subsection (d) allows the Secretary to accept a cash
equalization payment in excess of 25 percent of the value of an
administrative site in an exchange under subsection (a),
notwithstanding any other provision of law.
Subsection (e)(1) allows the Secretary to use solicitations
of offers for sale or exchange on such terms and conditions as
the Secretary may prescribe.
Paragraph (2) provides that the Secretary may reject any
offer determined to not be adequate or not in the public
interest.
Section 3 states that the proceeds of a sale or exchange
under Section 2 shall be deposited in the fund established
under the Sisk Act and shall be available for expenditure until
expended for: the acquisition of land and interests in land for
administrative sites; and the acquisition, construction, or
improvement of offices and new or other administrative
buildings.
Section 4(a) revokes public land orders withdrawing
administrative sites from all forms of appropriation for any
portion of the administrative sites conveyed by the Secretary,
notwithstanding any other provision of law.
Subsection (b) provides an effective date.

cost and budgetary considerations

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

U.S. Congress,
Congressional Budget Office,
Washington, DC, June 8, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1752, a bill to
authorize the Secretary of Agriculture to convey certain
administrative sites and use the proceeds for the acquisition
of office sites and the acquisition, construction, or
improvement of offices and support buildings for the Coconino
National Forest, Kaibab National Forest, Prescott National
Forest, and Tonto National Forest in the state of Arizona.
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.

congressional budget office cost estimate

S. 1752--A bill to authorize the Secretary of Agriculture to convey
certain administrative sites and use the proceeds for the
acquisition of office sites and the acquisition, construction,
or improvement of offices and support buildings for the
Coconino National Forest, Kaibab National Forest, Prescott
National Forest, and Tonto National Forest in the state of
Arizona

Summary: S. 1752 would authorize the Secretary of
Agriculture to sell or exchange about 558 acres of
administrative sites in the National Forest System and to
acquire other administrative facilities through purchase or
exchange.
CBO estimates that enacting S. 1752 would result in outlay
savings of $4 million in 1999 and about $11 million over the
1999-2003 period but would have no net effect on federal
spending over the 1999-2003 period. Because enacting the bill
would affect direct spending, pay-as-you-go procedures would
apply. S. 1752 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would have no significant impact on the budgets of state,
local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1752 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and the environment).

Estimated budget authority................................ 0 0 0 0 0 0
Estimated outlays......................................... 0 -4 -1 1 3 1
----------------------------------------------------------------------------------------------------------------

Basis of estimate: S. 1752 would authorize the Secretary of
Agriculture to sell or exchange about 558 acres in several
national forests in Arizona that are currently used as
administrative sites. The bill would authorize the Secretary
either to accept cash equalization payments that exceed 25
percent of the value of the sites or to acquire existing or
future administrative facilities and improvements in exchange
for the sites. Any proceeds from sale or exchange of the sites
would be available for the construction or improvement of
offices or other administrative buildings for four national
forests in Arizona: Coconino, Kaibab, Prescott, and Tonto.
Based on information from the Forest Service, CBO estimates
that enacting the bill would result in additional offsetting
receipts from sale of the federal administrative sites of about
$11 million over the 1999-2003 period. CBO estimates that the
Forest Service would spend, without further appropriation, any
receipts from a sale of the site to construct or improve other
facilities on federal land. Therefore, we estimate that there
would be no net effect on direct spending over the 1999-2003
period.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act sets up pay-as-you-go
procedures for legislation affecting direct spending or
receipts. Under the Balanced Budget Act of 1997, proceeds from
nonroutine asset sales may be counted for purposes of pay-as-
you-go scorekeeping only if such sales would entail no net
financial cost to the government. Selling these Forest Service
administrative sites would not entail a net financial cost;
therefore, the proceeds would be counted for pay-as-you-go
purposes.
The net changes in outlays that are subject to pay-as-you-
go procedures are shown in the following table. For the
purposes of enforcing pay-as-you-go procedures, only the
effects in the current year, the budget year, and the
succeeding four years are counted.

[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
Changes in outlays................. 0 -4 -1 1 3 1 0 0 0 0 0
Changes in receipts................
(10) Not applicable
----------------------------------------------------------------------------------------------------------------

Intergovernmental and private-sector impact: S. 1752
contains no intergovernmental or private-sector mandates as
defined in the UMRA and would have no significant impact on the
budgets of state, local, or tribal governments.
Estimate prepared by: Victoria V. Heid.
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.

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. 1807.
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. 1752.

executive communications

Legislative reports from the Department of Agriculture and
the Office of Management and Budget setting forth Executive
agency recommendations on S. 1752 were unavailable at the time
the report on S. 1752 was filed. When the reports become
available, the Chairman will request that they be printed in
the Congressional Record for the advice of the Senate. The
testimony provided by the Forest Service at the Subcommittee
hearing follows:

STATEMENT OF ELEANOR TOWNS, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman, and Members of the Subcommittee, thank you
for the opportunity to present the Administration testimony.

S. 1752. Convey certain administrative sites and use the proceeds for
acquisition of office sites and the acquisition, construction,
or improvement of offices and support buildings for the
Coconino, Kaibab, Prescott and Tonto National Forests in the
State of Arizona.

S. 1752 would provide for the conveyance of a total of six
administrative sites, on four National Forests in Arizona. The
fair market compensation received through sale or exchange
transactions is authorized to be used for the acquisition of
office sites and the acquisition, construction, or improvement
of offices and support buildings for National Forests in
Arizona consistent with all applicable laws.
Several Administrative sites in the State of Arizona no
longer provide effective public services. District offices that
were once on the perimeter of communities are now in the middle
of residential or commercial districts, not easily located by
visitors. Other units have identified a need to collocated
services and improve efficiencies. Our analysis indicates that
six sites in the state of Arizona totaling approximately 560
acres could be effectively used in the private sector.
S. 1752 would allow the Forest Service to offer sites and
existing improvements to the private sector in equal value
exchange for replacement or improved facilities. These isolated
parcels would be returned to private use and operations and
costs could be streamlined.
Mr. Chairman, we support this legislation without
amendment. We want to recognize and express our appreciation to
Senator Kyl and his staff who have worked with the local
communities and National Forests to develop this legislation.

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. 1752, as
ordered reported.