[House Report 106-261]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-261

======================================================================



 
                  TERRY PEAK LAND TRANSFER ACT OF 1999

                                _______
                                

 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. 2079]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2079) to provide for the conveyance of certain National 
Forest System lands in the State of South Dakota, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2079 is to require the conveyance of 
certain National Forest System lands in the State of South 
Dakota.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Terry Peak Ski Area (Terry Peak) is situated in 
Lawrence County, South Dakota, and is near the communities of 
Deadwood and Lead. Ninety percent of the land on which Terry 
Peak is located is privately owned; 10 percent of the land is 
federally owned and administered by the U.S. Forest Service as 
part of the Black Hills National Forest (BHNF).
    The Terry Peak Ski Area comprises approximately 41 acres 
and has been permitted to Terry Peak pursuant to Section 3 of 
the National Forest Ski Area Permit Act of 1986. Substantial 
improvements unique to Terry Peak's operation have also been 
made to the land. According to the U.S. Forest Service the land 
is no longer considered useful to its mission and results in 
significant administrative costs.
    The Forest Service has been engaged in conversations with 
officials of Terry Peak regarding their purchase of the BHNF 
land. There is broad public support for the transaction. In 
addition to Terry Peak, the transaction is supported by the 
following interested groups: the Black Hills Group of the 
Sierra Club; the Deadwood Area Chamber of Commerce; the 
Lawrence County Commissioners; the Lead Area Chamber of 
Commerce; the Terry Peak Lodge Homeowners Association; and the 
Terry Valley Landowners Association.
    The Forest Service does not have administrative authority 
to convey the BHNF-administered land to Terry Peak; authority 
to do so must be granted by Congress. H.R. 2079 authorizes the 
conveyance of this land to Terry Peak at fair market value. The 
funds received by the Forest Service are to be used to acquire 
additional lands for inclusion in the BHNF. The conveyance is 
subject to all valid existing rights.

                            COMMITTEE ACTION

    H.R. 2079 was introduced on June 8, 1999, by Congressman 
John Thune (R-SD). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On June 17, 1999, the Subcommittee 
held a hearing on the bill, where Congressman Thune and the 
U.S. Forest Service testified in support of H.R. 2079. On June 
30, 1999, the Full Resources Committee met to consider the 
bill. The Subcommittee on Forests and Forest Health was 
discharged by unanimous consent from further consideration of 
the bill. No amendments were offered and the bill 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, 
this bill would ``not have a significant impact on the federal 
budget.'' It would generate offsetting receipts from the sale 
of the 41 acres to the Terry Peak Ski Area of approximately 
$125,000, but the Forest Service would then spend those funds 
to acquire other lands. In addition, because Terry Peak would 
no longer pay annual fees on the land, there would be a small 
loss of receipts to the federal government (less than $10,000 
each year).
    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 7, 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. 2079, the Terry 
Peak Land Conveyance Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria Heid 
Hall.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 2079--Terry Peak Land Conveyance Act of 1999

    CBO estimates that implementing H.R. 2079 would not have a 
significant impact on the federal budget. Because H.R. 2079 
would affect direct spending, pay-as-you-go procedures would 
apply; however, we estimate that the effect on direct spending 
would be insignificant. This bill would impose no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 2079 would direct the Secretary of Agriculture to 
convey about 41 acres in the Black Hills National Forest, South 
Dakota, to the Terry Peak Ski Area. The bill provides that the 
conveyance be at fair market value. The cost to appraise the 
land would be paid by the ski area. H.R. 2079 would give the 
Secretary the authority to spend any money from the sale to 
acquire replacement land for the Black Hills National Forest.
    Based on information from the Forest Service, CBO estimates 
that selling the land to the ski area would generate new 
offsetting receipts (a credit against direct spending) of less 
than $125,000. The agency would subsequently spend those funds 
to acquire other land. The sale receipts and subsequent 
spending would net to zero over the 2000-2004 period. The ski 
area currently pays annual fees to the Forest Service for use 
of the land, and the Forest Service shares those receipts with 
the state of South Dakota. Thus, conveying the land to the ski 
area would result in both a loss of income from fees and lower 
payments to the state. We expect that the net loss to the 
federal government would total less than $10,000 each year.
    On July 7, 1999, CBO prepared a cost estimate for S. 953, 
the Terry Peak Land Conveyance Act of 1999, as ordered reported 
by the Senate Committee on Energy and Natural Resources on June 
30, 1999. The two bills are identical, as are the two cost 
estimates.
    The CBO staff contact is Victoria Heid Hall. 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.

                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.

                                  
