[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).

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003 
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING                                           
                                                                                                                
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.

                                
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