[Senate Report 105-79]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 159
105th Congress                                                   Report
                                 SENATE

 1st Session                                                     105-79
_______________________________________________________________________


 
                    MILES LAND EXCHANGE ACT OF 1997

                                _______
                                

               September 11, 1997.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                         [To accompany S. 590]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 590) to provide for a land exchange 
involving certain land within the Routt National Forest in the 
State of Colorado, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                PURPOSE

    The purpose of S. 590, as ordered reported, is to authorize 
for a land exchange between the Forest Service and a private 
individual on the Routt National Forest in the State of 
Colorado.

                          BACKGROUND AND NEED

    S. 590 authorizes an exchange of approximately 84 acres 
within the Routt National Forest for approximately 84 acres of 
private land known as the ``Miles Parcel'' located adjacent to 
the Routt National Forest. The bill deems the value of the 
Federal land and non-Federal land to be exchanged are 
approximately equal in value. No additional valuation 
determinations would be required. Maps attached to the bill 
delineate both the Federal and non-Federal lands affected by 
the exchange.
    Marjorie Miles proposed a land exchange to respond to a 
situation where a private inholding adjacent to the forest 
boundary has created a private/public property line that is 
complex and expensive for the Forest Service to maintain. 
Modification of the boundary provides the authority needed to 
allow the Forest Service to undertake the exchange. Ms. Miles 
owns the inholding and occupies the National Forest System 
parcels proposed for exchange under a special use pasture 
permit. Pursuant to S. 590, the pasture lands would be conveyed 
to Ms. Miles in exchange for a contiguous piece of property 
that contains valuable riparian resources and is currently 
outside the forest boundary.
    S. 590 would reduce the amount of fence that the Forest 
Service and Ms. Miles must maintain, eliminates the need for a 
special use permit, eliminates the need for drift fences, and 
eliminates the need to authorize a ditch across public lands 
while improving land line management and adding riparian 
acreage to the public estate.

                      SUMMARY OF MAJOR PROVISIONS

    S. 590 authorizes an exchange of approximately 84 acres 
within the Routt National Forest for approximately 84 acres of 
private land known as the ``Miles Parcel'' located adjacent to 
the Routt National Forest. The bill deems the value of the 
Federal land and non-Federal land to be exchanged are 
approximately equal in value. No additional valuation 
determinations would be required. Maps attached to the bill 
delineate both the Federal and non-Federal lands affected by 
the exchange.

                          LEGISLATIVE HISTORY

    S. 590 was introduced on April 16, 1997 by Senator 
Campbell. Senator Allard was added as a cosponsor on June 24, 
1997. On June 18, 1997, a hearing was held by the Subcommittee 
on Forests and Public Land Management. At the business meeting 
on July 30, 1997, the Committee on Energy and Natural Resources 
ordered S. 590 favorably reported.
    A companion bill was introduced in the House by 
Representative Scott McInnis on March 11, 1997. The bill was 
referred to the House Committee on Resources. No Committee 
action has yet been scheduled.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 30, 1997, by unanimous vote of a 
quorum present recommends that the Senate pass S. 590 without 
amendment.
    The rollcall vote on reporting the measure was 20 yeas, no 
nays as follows:

        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell \1\
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman \1\
Mr. Akaka
Mr. Dorgan
Mr. Graham
Mr. Wyden
Mr. Johnson
Ms. Landrieu \1\

    \1\ Indicates vote by proxy.

                   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, August 7, 1997.
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. 590, the Miles Land 
Exchange Act of 1997.
    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. 590--Miles Land Exchange Act of 1997

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Because S. 590 could 
affect offsetting receipts, pay-as-you-go procedures would 
apply; however, CBO estimates that any such effects would be 
negligible. S. 590 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.
    S. 590 provides that if a parcel of nonfederal land known 
as the ``Miles parcel'' adjacent to the Routt National Forest 
in Colorado is conveyed to the United States, then the 
Secretary of Agriculture is directed to assign to the person 
conveying that parcel all right, title, and interest to certain 
federal land within the Routt National Forest. Both parcels are 
about 84 acres in size. S. 590 would adjust the boundaries of 
the Routt National Forest to reflect the land exchange once it 
is completed.
    According to the U.S. Forest Service, some holders of 
grazing permits currently operate on the federal land to be 
exchanged. These permits generate a small amount of offsetting 
receipts to the federal government, but the land that would be 
acquired by the government would also likely be used for 
grazing. CBO estimates that any effects on offsetting receipts 
from enacting S. 590 would be negligible.
    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. 590. 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. 590, as ordered reported.

                        executive communications

    The administration testified in favor of the legislation at 
a June 18, 1997 hearing held by the Subcommittee on Forests and 
Public land Management. Legislative reports from the Department 
of Agriculture, the Department of the Interior, and the Office 
of Management and Budget setting forth Executive agency 
recommendations on S. 590 were unavailable at the report was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate.
    The Administration testimony is attached.

Statement of Robert Joslin, Deputy Chief, Forest Service, United States 
                       Department of Agriculture

    Mr. Chairman and members of the subcommittee, I am Bob 
Joslin, the new Deputy Chief of the Forest Service for National 
Forest System. I am pleased to be here to share the 
administration's views about the bill in front of you. 
Accompanying me is Ellie Towns, Forest Service Director of 
Lands.
S. 590, Provide for land exchange on the Routt National Forest, 
        Colorado
    The Administration supports enactment of S. 590, a bill to 
provide for a land exchange involving certain lands on the 
Routt National Forest in Colorado and a related boundary 
adjustment. The exchange was proposed by Marjorie Miles to 
respond to a situation where a private inholding adjacent to 
the forest boundary has created a private/public property line 
that is complex and expensive to maintain. Modification of the 
boundary provides the authority needed to allow the agency to 
undertake the exchange.
    Ms. Miles owns the inholding and occupies the National 
Forest system parcels proposed for exchange under a special use 
pasture permit. The pasture lands would be conveyed to Ms. 
Miles in exchange for a contiguous piece of property that 
includes valuable riparian resources and is currently outside 
the forest boundary.
    This exchange reduces the amount of fence that the Forest 
Service and Ms. Miles must maintain, eliminates the need for a 
special use permit, eliminates the need for drift fences, and 
eliminates the need to authorize a ditch across public lands 
while improving land line management and adding riparian 
acreage to the public estate.
    We appreciate Senator Campbell's facilitation of this 
exchange.

                        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 S. 590, as ordered 
reported.

                                
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