[Senate Report 105-293]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 530
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-293
_______________________________________________________________________


 
                      ROGUE RIVER NATIONAL FOREST

                                _______
                                

                August 25, 1998.--Ordered to be printed

   Filed under authority of the order of the Senate of July 31, 1998

_______________________________________________________________________


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

                              R E P O R T

                        [To accompany H.R. 3796]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 3796) to authorize the Secretary of 
Agriculture to convey the administrative site for the Rogue 
River National Forest and use the proceeds for the construction 
or improvement of offices and support buildings for the Rogue 
River National Forest and the Bureau of Land Management, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the Act, as amended, do pass.
    The amendment is as follows:
    On page 2, line 15, strike ``provide for'' and insert in 
lieu thereof the following: ``accept''.

                                purpose

    H.R. 3796, as ordered reported, would authorize the 
Secretary of Agriculture to convey an administrative site on 
the Rogue River National Forest in Oregon, and use the proceeds 
for the construction or improvement of office and support 
buildings to be shared by personnel of the Rogue River National 
Forest and the Bureau of Land Management (BLM).

                          background and need

    H.R. 3796 authorizes the Secretary of Agriculture to sell 
or exchange the Rogue River National Forest maintenance 
facility located on approximately 5.1 acres in Medford, Oregon. 
The proceeds from the sale or exchange will be used to expand 
the Bureau of Land Management (BLM) office so that the Forest 
Service and the BLM can co-locate. The conveyance and 
improvements would be implemented in a manner consistent with 
all applicable laws.
    The Forest Service and the BLM in Medford have been working 
cooperatively for many years. This cooperative relationship has 
resulted in improved customer service. The consolidation of 
office space will provide further efficiencies and improvements 
in public service and management. The Rogue River National 
Forest maintenance facility houses an automotive shop, radio 
shop, survey crew headquarters, road maintenance office, and 
forest-wide support warehouses. These facilities are currently 
being used by the staff of the Rogue River National Forest, but 
would become surplus to their needs should they co-locate.
    The proceeds from the conveyance of this site would pay for 
improvements to a joint Forest Service/BLM site that will 
include: (1) an additional 20,000 square feet of office and 
conference space; (2) remodeling the current BLM office so that 
it fully complies with the Americans with Disabilities Act; and 
(3) a 5,300 square foot addition to the existing warehouse.

                          legislative history

    H.R. 3796 was introduced on May 5, 1998, by Congressman 
Robert Smith (R-OR). The bill was referred to the Committee on 
Resources, and within the Committee, to the Subcommittee on 
Forests and Forest Health. On April 28, 1998, the Subcommittee 
held an oversight hearing on a draft of the bill. The 
Administrationtestified in support of the draft. On May 20, 
1998, the Full Resources Committee met to consider H.R. 3796 and the 
bill was ordered favorably reported to the House of Representatives by 
voice vote. H.R. 3796 passed the House of Representatives on June 16, 
1998 by voice vote.
    On July 22, 1998, the Subcommittee of Forests and Public 
Lands of the Committee on Energy and Natural Resources held a 
hearing on the measure. A representative from the Forest 
Service testified in support of H.R. 3796. At the business 
meeting on July 29, 1998, the Committee on Energy and Natural 
Resources ordered H.R. 3796, as amended, favorably reported.

            committee recommendation and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 29, 1998, by unanimous voice vote 
of a quorum present recommends that the Senate pass H.R. 3796, 
if amended as described herein.

                          committee amendment

    During consideration of H.R. 3796, the Committee adopted a 
technical amendment to clarify that the Secretary may accept 
the construction of a new facility in exchange for the 
conveyance of the existing one.

                      section-by-section analysis

    Section 1 contains a definition.
    Section 2(a) states that the Secretary may sell or exchange 
any or all right, title, and interest of the United States in 
and to the Rogue River National Forest administrative site 
depicted on the map entitled ``Rogue River Administrative 
Conveyance,'' dated April 23, 1998.
    Subsection (b) provides that a conveyance of the 
administrative site under subsection (a) may be in exchange for 
the construction of administrative facilities.
    Subsection (c) specifies that, except as otherwise provided 
in this Act, any sale or exchange is subject to the laws and 
regulations applicable to the conveyance and acquisition of 
land within the National Forest System.
    Subsection (d) states that 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).
    Subsection (e) states that the Secretary may solicit offers 
for sale or exchange of the site, and may reject any offer 
determined not to be in the public interest.
    Section 3 requires that the proceeds of a sale or exchange 
be deposited in the fund established under Public Law 90-171, 
known as the ``Sisk Act.'' This section further requires that 
the funds be available for the construction or improvement of 
offices and support buildings for combined use by the Forest 
Service and by the Bureau of Land Management.
    Section 4(a) states that public land orders withdrawing the 
administrative site from all forms of appropriation under the 
public land laws are revoked for any portion of the 
administrative site upon its conveyance.
    Subsection (b) provides that the effective date of a 
revocation is the date of the patent or deed conveying the 
administrative site.

                   cost and budgetary considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 30, 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 H.R. 3796, an act to 
authorize the Secretary of Agriculture to convey the 
administrative site for the Rogue River National Forest and use 
the proceeds for the construction or improvement of offices and 
support buildings for the Rogue River National Forest and the 
Bureau of Land Management.
    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

H.R. 3796--A bill to authorize the Secretary of Agriculture to convey 
        the administrative site for the Rogue River National Forest and 
        use the proceeds for the construction or improvement of offices 
        and support buildings for the Rogue River National Forest and 
        the Bureau of Land Management

    Summary: H.R. 3796 would authorize the Secretary of 
Agriculture to sell or exchange an administrative site 
comprising about five acres in the Rogue River National Forest 
and to acquire other administrative facilities through purchase 
or exchange.
    CBO estimates that enacting H.R. 3796 would result in an 
outlay savings of $2 million in 1999, but would have no net 
effect on federal spending over the 1999-2003 period. Because 
the act would affect direct spending, pay-as-you-go procedures 
would apply. H.R. 3796 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 H.R. 3796 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       -2        1        1    (\1\)        0
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000                                                                                          

    Basis of estimate: H.R. 3796 would authorize the Secretary 
of Agriculture to sell or exchange about five acres in the 
Rogue River National Forest that is currently used as an 
administrative site. As part of such an exchange, the act would 
authorize the Secretary to either accept cash equalization 
payments that exceed 25 percent of the value of the site, or 
acquire existing or future administrative facilities and 
improvements in exchange for conveying the site. The act 
provides that any proceeds from sale or exchange of the site be 
deposited into an existing fund in the Treasury and that the 
funds be available, until expended, for the construction or 
improvement of offices and support buildings for combined use 
by the Forest Service and Bureau of Land Management.
    Based on information from the Forest Service, CBO estimates 
the enacting H.R. 3796 could result in additional offsetting 
receipts from sale of the federal administrative site of about 
$2 million in fiscal year 1999. 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 the net 
effect on direct spending would be zero over the 1999-2003 
period.
    Pay-as-you-go considerations: 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 a nonroutine 
asset sale may be counted for purposes of pay-as-you-go 
scorekeeping only if the sale would entail no net financial 
cost to the government. Selling the Rogue River administrative 
site would not entail a net financial cost; therefore, the 
proceeds would be counted for pay-as-you-go purposes.
    The net changes in outlays receipts that are subject to 
pay-as-you-go procedures are shown in the following table.

                                                        [By fiscal year, in millions of dollars]                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003    2004    2005    2006    2007    2008 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays..............................................       0      -2       1       1       0       0       0       0       0       0       0
Changes in receipts.............................................                                                                                        
(10) Not applicable                                                                                                                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 3796 
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.
    Previous CBO estimate: On June 2, 1998, CBO prepared a cost 
estimate for H.R. 3796 as ordered reported by the Hose 
Committee on Resources on May 20, 1998. This version of H.R. 
3796 is virtually identical to the House version, and the 
estimated costs are the same.
    Estimate prepared by: Victoria V. Heid.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
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 H.R. 3796.
    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 H.R. 3796.

                        EXECUTIVE COMMUNICATIONS

    On July 29, 1998, the Committee on Energy and Natural 
Resources requested executive comment on H.R. 3796 from the 
Department of Agriculture, the Department of the Interior, 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 the Forest Service at 
the Subcommittee hearing follows:

 Statement of Gloria Manning, Associate Deputy Chief, National Forest 
           Systems, Forest Service, Department of Agriculture

    Mr. Chairman and members of the subcommittee, I am Gloria 
Manning, Associate Deputy Chief for National Forest Systems. I 
am pleased to be here to share the Administration's view on 
H.R. 3796, which would provide for the conveyance of an 
administrative site on the Rogue River National Forest.
    The Administration supports H.R. 3796, Provision for 
Conveyance of the Rogue River National Forest Administrative 
Site.


               h.r. 3796 rogue river administrative site


    H.R. 3796 would provide for conveyance of an administrative 
site on the Rogue River National Forest to improve facilities 
for the Medford Forest Service/Bureau of Land Management office 
in Oregon. The Administration supports the bill.
    The legislation would provide for the conveyance of the 
McAndrews Service Center, currently owned by and operated in 
support of the Rogue River National Forest. The fair market 
compensation received through sale or exchange transactions 
would be authorized to be used for the construction or 
improvement of offices and support buildings at the Medford 
District Office of the BLM. These offices will then be shared 
with the Rogue River National Forest.
    The Forest Service and BLM in Medford have been working 
cooperatively for many years. This cooperative relationship has 
resulted in improved customer service. The consolidation of 
office space will provide additional efficiencies and 
improvements in public service. Appropriated facilities funding 
is not likely to be available for an indeterminate amount of 
time; the authority that would be granted by this bill would 
allow for construction of improvements to begin in 18-24 
months. The Forest Service is currently renting space from 
General Services Administration (GSA) located in the Federal 
building while the BLM is located in a BLM-owned building on a 
BLM-owned site across town. Other agencies located in the 
Federal building have indicated interest in occupying space the 
Forest Service is currently using and GSA has been a 
participant in discussions relating to the collection efforts.
    The site being disposed of is the McAndrews Service Center, 
and includes facilities being used as an automotive shop, radio 
shop, survey crew headquarters, road maintenance office, and 
forest-wide support warehouses. These facilities are currently 
being used by the Rogue River National Forest but would become 
surplus to their needs should they be collected with the BLM in 
existing BLM facilities. The current BLM facility is composed 
of an office, warehousing, and automotive heavy equipment 
operations facility.
    The joint BLM/Forest Service office would provide ``one 
stop shopping'' for the community. Site improvements that would 
occur under this proposal include:
          Addition of approximately 20,000 square feet of 
        office and conference space;
          Remodeling to assure full compliance with the 
        Americans with Disabilities Act; and
          5,300 square foot addition to the existing warehouse.
    The legislation would allow the Forest Service to offer a 
site and existing improvements to the private sector in equal 
value exchange for improvement of facilities they will share 
with the BLM. This isolated parcel would be returned to private 
use and interagency operations and costs could be streamlined. 
The Administration supports this bill.
    The Forest Service would like to offer a minor technical 
amendment that would clarify the intent that all funds received 
from the sale of the federal property are to be dedicated to 
the facility improvements as identified in H.R. 3796 and are 
not subject to the provisions in 35 Stat. 260.

                        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 Act H.R. 3796, as 
ordered reported.

                                
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