[House Report 106-256]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-256

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                   OLD JICARILLA ADMINISTRATIVE SITE

                                _______
                                

 July 26, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 695]

      [Including Cost Estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 695) to direct the Secretary of Agriculture and the 
Secretary of the Interior to convey an administrative site in 
San Juan County, New Mexico, to San Juan College, having 
considered the same, report favorably thereon with an amendment 
and recommend 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 JICARILLA ADMINISTRATIVE SITE.

  (a) Conveyance of Property.--Not later than one year after the date 
of completion of the survey referred to in subsection (b), the 
Secretary of the Interior shall convey to San Juan College, in 
Farmington, New Mexico, subject to the terms, conditions, and 
reservations under subsection (c), all right, title, and interest of 
the United States in and to a parcel of real property (including any 
improvements on the land) not to exceed 20 acres known as the ``Old 
Jicarilla Site'' located in San Juan County, New Mexico (T29N; R5W; 
portions of sections 29 and 30).
  (b) Description of Property.--The exact acreage and legal description 
of the real property conveyed under subsection (a) shall be determined 
by a survey satisfactory to the Secretary of the Interior, the 
Secretary of Agriculture, and the President of San Juan College. The 
cost of the survey shall be borne by San Juan College.
  (c) Terms, Conditions, and Reservations.--
          (1) Notwithstanding exceptions of application under the 
        Recreation and Public Purposes Act (43 U.S.C. 869(c)), 
        consideration for the conveyance described in subsection (a) 
        shall be--
                  (A) an amount that is consistent with the Bureau of 
                Land Management special pricing program for 
                Governmental entities under the Recreation and Public 
                Purposes Act; and
                  (B) an agreement between the Secretaries of the 
                Interior and Agriculture and San Juan College 
                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 
        educational and recreational purposes. If such lands cease to 
        be used for such purposes, at the option of the United States, 
        such lands will revert to the United States.
          (3) The Secretary of Agriculture shall identify any 
        reservations of rights-of-way for ingress, egress, and 
        utilities as the Secretary deems appropriate.
          (4) The conveyance described in subsection (a) shall be 
        subject to valid existing rights.
  (d) Land Withdrawals.--Public Land Order 3443, only insofar as it 
pertains to lands described in subsections (a) and (b), shall be 
revoked simultaneous with the conveyance of the property under 
subsection (a).

                          PURPOSE OF THE BILL

    The purpose of H.R. 695 is to direct the Secretary of 
Agriculture and the Secretary of the Interior to convey an 
administrative site in San Juan County, New Mexico, to San Juan 
College.

                  BACKGROUND AND NEED FOR LEGISLATION

    The 20-acre ``Old Jicarilla Site'' is located in the Carson 
National Forest near the town of Gobernador, New Mexico, and is 
managed by the Forest Service and the Bureau of Land 
Management. The Forest Service has determined that this site is 
of no further use because it moved its operations to a new 
administrative facility in Bloomfield, New Mexico, several 
years ago. In fact, the site has been unoccupied since that 
time.
    San Juan College in Farmingham, New Mexico, has expressed 
an interest in acquiring this site for continued public use, 
specifically for educational and recreational purposes.
    As the Forest Service and the Bureau of Land Management do 
not have the authority to convey this land, Congressional 
action is necessary to approve a conveyance.

                            COMMITTEE ACTION

    Congressman Tom Udall (D-NM) introduced H.R. 695 on 
February 10, 1999. The bill was referred to the Committee on 
Resources and within the Committee to both the Subcommittee on 
National Parks and Public Lands and the Subcommittee on Forests 
and Forest Health. The Subcommittee on Forests and Forest 
Health held a hearing on the bill on June 17, 1999. Congressman 
Udall testified and the U.S. Forest Service was in attendance. 
On June 30, 1999, the Committee on Resources met to consider 
the bill. The Subcommittee on National Parks and Public Lands 
and the Subcommittee on Forests and Forest Health were 
discharged by unanimous consent from further consideration of 
H.R. 695. Congressman Udall offered an amendment in the nature 
of a substitute that made technical corrections to the bill. It 
was adopted by voice vote. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 695 would increase offsetting receipts by 
less than $1000.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 8, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 695, a bill to 
direct the Secretary of Agriculture and the Secretary of the 
Interior to convey an administrative site in San Juan County, 
New Mexico, to San Juan College.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria 
Heid Hall (for federal costs) and Marjorie Miller (for the 
state and local impact.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 695--A bill to direct the Secretary of Agriculture and the 
        Secretary of the Interior to convey an administrative site in 
        San Juan County, New Mexico, to San Juan College

    H.R. 695 would direct the Secretaries of Agriculture and 
the Interior to convey to San Juan College in Farmington, New 
Mexico, up to 20 acres of federal property, including 
improvements on the land. As consideration for the conveyance, 
the bill would require San Juan College to pay an amount 
consistent with the Bureau of Land Management's special pricing 
program for governmental entities under the Recreation and 
Public Purposes Act, and to indemnify the federal government 
from all liability arising from the property.
    CBO estimates that enacting H.R. 695 would have no 
significant impact on the federal budget. Based on information 
from the Forest Service and San Juan College, we estimate that 
the college would pay less than $1,000 to acquire the property, 
including improvements. The agencies do not have any plans to 
sell the land under current law. Because H.R. 695 would 
increase offsetting receipts, pay-as-you-go procedures would 
apply; however, we estimate that the impact on direct spending 
would be negligible.
    H.R. 695 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA), but the costs of 
that mandate would be far less than the threshold established 
by that act ($50 million per year in 1996, adjusted annually 
for inflation). The bill would require San Juan College, a 
public institution, to pay for a survey of the property to be 
conveyed. CBO estimates that this mandate would not impose 
substantial costs on the college. Any other costs that the 
college might incur as a result of this bill would be 
voluntary. H.R. 695 contains no new private-sector mandates as 
defined in UMRA.
    The CBO staff contacts are Victoria Heid Hall (for federal 
costs) and Majorie Miller (for the state and local impact). 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates above the threshold 
established by Public Law 104-4.

                preemption of state, local or tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                                  
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