[Senate Report 105-240]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 454
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-240
_______________________________________________________________________


 
                 RIO ARRIBA, NEW MEXICO LAND CONVEYANCE

                                _______
                                

                  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. 1510]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1510) to direct the Secretary of the 
Interior and the Secretary of Agriculture to convey certain 
lands to the county of Rio Arriba, New Mexico, 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. OLD COYOTE ADMINISTRATIVE SITE.

    (a) Conveyance of Property.--Not later than one year after the date 
of enactment of this Act, the Secretary of the Interior (herein ``the 
Secretary'') shall convey to the County of Rio Arriba, New Mexico 
(herein ``the County''), subject to the terms and conditions stated in 
subsection (b), all right, title, and interest of the United States in 
and to the land (including all improvements on the land) known as the 
``Old Coyote Administrative Site'' located approximately \1/2\ mile 
east of the Village of Coyote, New Mexico, on State Road 96, comprising 
one tract of 130.27 acres (as described in Public Land Order 3730), and 
one tract of 276.76 acres (as described in Executive Order 4599).
    (b) Term and Conditions.--
          (1) Consideration for the conveyance described in subsection 
        (a) shall be--
                  (A) an amount that is consistent with the special 
                pricing program for Governmental entities under the 
                Recreation and Public Purposes Act; and,
                  (B) an agreement between the Secretary and the County 
                indemnifying the Government of the United States from 
                all liability of the Government that arises from the 
                property.
          (2) The lands conveyed by this Act shall be used for public 
        purposes. If such lands cease to be used for public purposes, 
        at the option of the United States, such lands will revert to 
        the United States.
    (c) Land Withdrawals.--Land withdrawals under Public Land Order 
3730 and Executive Order 4599 as extended in the Federal Register on 
May 25, 1989 (54 F.R. 22629) shall be revoked simultaneous with the 
conveyance of the property under subsection (a).

                         purpose of the measure

    S. 1510, as ordered reported, would direct the Secretary of 
the Interior and the Secretary of Agriculture to convey to the 
county of Rio Arriba, New Mexico, land and facilities thereon 
known as the ``Old Coyote Administrative Site,'' a Forest 
Service administrative site.

                          background and need

    S. 1510 directs the Secretary of the Interior and the 
Secretary of Agriculture to convey land known as the ``Old 
Coyote Administrative Site,'' a Forest Service administrative 
site, to the county of Rio Arriba, New Mexico. The land to be 
transferred consists of one tract of 130.27 acres, and another 
tract of 276.76 acres. Both tracts of land are managed by the 
Bureau of Land Management and were withdrawn from entry for 
Forest Service use. The buildings were vacated in 1993 when the 
Forest Service moved to its present location. The Coyote 
Station will continue to be used for public purposes, including 
a community center and a fire sub-station. Some buildings will 
also be available for the county to use for storage and repair 
of road maintenance equipment, and other county vehicles.

                          legislative history

    S. 1510 was introduced on November 9, 1997, by Senators 
Domenici and Bingaman. On March 25, 1998, a hearing was held by 
the Subcommittee on Forests and Public Land Management. At the 
business meeting on May 13, 1998, the Committee on Energy and 
Natural Resources ordered S. 1510, 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. 1510, 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. 1510, the Committee adopted an 
amendment in the nature of a substitute offered by Senators 
Domenici and Bingaman. The amendment makes technical and 
clarifying changes. In addition, the amendment changes the 
terms of the conveyance by directing that consideration for the 
conveyance shall be an amount consistent with the special 
pricing program for Governmental entities under the Recreation 
and Public Purpose Act.

                   cost and budgetary considerations

    The cost and budgetary considerations prepared by the 
Congressional Budget Office are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 21, 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. 1510, a bill to 
direct the Secretary of the Interior to convey certain lands to 
the county of Rio Arriba, New Mexico.
    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. 1510--A bill to direct the Secretary of the Interior to convey 
        certain lands to the county of Rio Arriba, New Mexico

    S. 1510 would direct the Secretary of the Interior to 
convey about 407 acres of federal land to the county of Rio 
Arriba, New Mexico, to be used for public purposes. CBO 
estimates that enacting this bill would have no significant 
impact on the federal budget. Because the county would pay for 
this land, S. 1510 would affect direct spending by increasing 
offsetting receipts. Therefore, pay-as-you-go procedures would 
apply. However, CBO estimates that the payment would total less 
than $5,000 in fiscal year 1999.
    S. 1510 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
and would impose no costs on state, local, or tribal 
governments. Purchase of this land would be voluntary on the 
part of the county.
    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.

                      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. 1510.

                        executive communications

    On April 23, 1998, the Committee on Energy and Natural 
Resources requested executive comment from the Department of 
Agriculture and the Office of Management and Budget. These 
legislative reports were not available at the time this report 
was filed. When the requested 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 
Forest Service at the March 25, 1998 Subcommittee hearing 
follows:
    Mr. Chairman and members of the subcommittee: thank you for 
the opportunity to present the Administration's view on these 
ten bills proposing the transfer, conveyance, exchange, 
boundary adjustment, sale of public lands and management of 
wilderness. I am Eleanor Towns, the Director of Lands for the 
Forest Service.
    Before I address each bill individually, let me summarize 
the Administration's position on all ten: The Administration 
supports: S. 1109, the Devil's Backbone Boundary Adjustment, S. 
1752, the Authority to Convey Administrative Sites in Arizona, 
and H.R. 1439, Conveyance of Lands to Placer County. The 
Administration would support with amendments: S. 890, Dutch 
John Conveyances; S. 1510, Conveyance of Lands and Improvements 
to Rio Arriba County; S. 1683, Land Transfer between Lake 
Chelan National Recreation Area and the Wenatchee National 
Forest; and S. 1719, Big Sky Land Exchange. The Administration 
objects to: S. 1468, Conveyance of Lands to Jemez Springs; and 
S. 1469, Expansion of El Rito Cemetery by Special Use 
Designation. The Administration opposes H.R. 1663, Operation 
and Maintenance of Structures in Emigrant Wilderness.
    Now, I will address the particular bill.

 s. 1510, conveyance of two parcels of federally owned land and forest 
       service owned structures to rio arriba county, new mexico

    S. 1510 directs the Secretary of the Interior and Secretary 
of Agriculture to convey all right title and interest, 
including improvements, in two tracts of land to Rio Arriba 
County. This site is currently the location of the Forest 
Service's old Coyote Ranger District Station. We recently 
completed construction of a new administrative facility for the 
Coyote Ranger District and we have notified the General 
Services Administration that this facility is available for 
disposal. The land on which the old Coyote Ranger District 
Station was located is public land managed by the Bureau of 
Land Management, land that had been withdrawn for Forest 
Service use.
    The bill provides for the conveyance of approximately 400 
acres of public lands and the structures thereon to Rio Arriba 
County. While the Administration generally supports the intent 
of the legislation, the Department of the Interior and the 
Bureau of Land Management advise that they would like to work 
with Senator Domenici's staff and the staff of the Senate 
Energy Committee to resolve several serious concerns before the 
bill moves to markup.
    The Department of the Interior through the Bureau of Land 
Management advise that there are substantive and technical 
problems with the bill. The substantive issues include: the 
protection of cultural resources on the site; clarification of 
issues of compensation for the lands and facilities, 
specifically whether the intent of the legislation is to 
transfer the land at fair market value or at a reduced cost 
based on the Recreation and Public Purpose Act pricing 
guidelines; and improvement in the provisions regarding the 
liability language, particularly for hazardous materials and 
reversion to the Federal Government. The technical issues 
include: the most efficient way of transferring the property (a 
patent may be more appropriate than a quitclaim); revoking the 
current withdrawal of these lands; and providing adequate time 
to accomplish NEPA and other environmental clearances necessary 
to complete the transfer.
    The Administration generally supports the concept of the 
bill and looks forward to working with Senator Domenici's staff 
and the staff of the Senate Energy and Natural Resources 
Committee to address these concerns.

                        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. 1510 as ordered 
reported.