[House Report 106-816]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-816

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



 
    BLACK HILLS NATIONAL FOREST AND ROCKY MOUNTAIN RESEARCH STATION 
                            IMPROVEMENT ACT

                                _______
                                

 September 6, 2000.--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. 4226]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4226) to authorize the Secretary of Agriculture to sell 
or exchange all or part of certain administrative sites and 
other land in the Black Hills National Forest and to use funds 
derived from the sale or exchange to acquire replacement sites 
and to acquire or construct administrative improvements in 
connection with the Black Hills National Forest, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Black Hills National Forest and Rocky 
Mountain Research Station Improvement Act''.

SEC. 2. SALE OR EXCHANGE OF LAND, BLACK HILLS NATIONAL FOREST, SOUTH 
                    DAKOTA.

  (a) In General.--The Secretary of Agriculture (referred to in this 
section as the ``Secretary'') may, under such terms and conditions as 
the Secretary may prescribe, sell or exchange any right, title, and 
interest of the United States in and to the approximately 362 acres 
contained in the following parcels of land in the State of South 
Dakota:
          (1) Tract BLKH-1 ``Spearfish Dwelling'' (approximately 0.24 
        acres); N\1/2\ of Lot 8 and Lot 9 of Block 16, Section 10, T6N, 
        R2E, Black Hills Meridian.
          (2) Tract BLKH-2 ``Deadwood Garage'' (approximately 0.12 
        acres); Lots 9 and 11 of Block 34, Section 23, T5N, R3E, Black 
        Hills Meridian.
          (3) Tract BLKH-3 ``Deadwood Dwellings'' (approximately 0.32 
        acres); Lots 12-16, inclusive, of Block 44, Section 23, T5N, 
        R3E, Black Hill Meridian.
          (4) Tract BLKH-4 ``Hardy Work Center'' (approximately 150 
        acres); E\1/2\SW\1/4\SE\1/4\, SE\1/4\SE\1/4\, Section 19; NE\1/
        4\NW\1/4\NE\1/4\, E\1/2\NE\1/4\SE\1/4\, E\1/2\SE\1/4\NE\1/4\, 
        NE\1/4\NE\1/4\, Section 30, T3N, R1E, Black Hills Meridian.
          (5) Tract BLKH-6 ``Pactola Work Center'' (approximately 100 
        acres); W\1/2\SW\1/4\NW\1/4\, W\1/2\NW\1/4\SW\1/4\, W\1/2\SW\1/
        4\SW\1/4\, SE\1/4\SW\1/4\SW\1/4\, Section 25; E\1/2\NE\1/
        4\SE\1/4\, SE\1/4\SE\1/4\NE\1/4\, Section 26, T2N, R5E, Black 
        Hills Meridian.
          (6) Tract BLKH-7 ``Pactola Ranger District Office'' 
        (approximately 8.25 acres); Lot 1 of Ranger Station 
        Subdivision, Section 4, T1N, R7E, Black Hills Meridian.
          (7) Tract BLKH-8 ``Reder Administrative Site'' (approximately 
        82 acres); Lots 6 and 7, Section 29; Lot A of Reder Placer, Lot 
        19, NW\1/4\SE\1/4\NE\1/4\, Section 30, T1S, R5E, Black Hills 
        Meridian.
          (8) Tract BLKH-9 ``Allen Gulch Properties'' (approximately 21 
        acres); Lot 14 less and except Tract STA #0029, Section 25, and 
        Lot 1, Section 36, T1S, R4E, Black Hills Meridian.
          (9) Tract BLKH-10 ``Custer Ranger District Office'' 
        (approximately 0.39 acres); Lots 4 and 9 of Block 125 and the 
        East 15 feet of the vacated north/south alley adjacent to Lot 
        4, City of Custer, Section 26, T3S, R4E, Black Hills Meridian.
  (b) Technical Corrections.--The Secretary may make technical 
corrections to the legal descriptions in paragraphs (1) through (9) of 
subsection (a).
  (c) Applicable Authorities.--Except as otherwise provided in this 
section, any sale or exchange of land described in subsection (a) shall 
be subject to laws (including regulations) applicable to the conveyance 
and acquisition of land for National Forest System purposes.
  (d) Cash Equalization.--Notwithstanding any other provision of law, 
the Secretary may accept cash equalization payments in excess of 25 
percent of the total value of the land described in subsection (a) from 
any exchange under subsection (a).
  (e) Solicitations of Offers.--
          (1) In general.--In carrying out this section, the Secretary 
        may use solicitations of offers for sale or exchange under this 
        section on such terms and conditions as the Secretary may 
        prescribe.
          (2) Rejection of offers.--The Secretary may reject any offer 
        under this section if the Secretary determines that the offer 
        is not adequate or not in the public interest.
  (f) Disposition of Funds.--Any funds received by the Secretary from a 
sale under this section or as cash equalization payments from an 
exchange under this section--
          (1) shall be deposited into the fund established by Public 
        Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 
        484a); and
          (2) shall be available for expenditure, on appropriation, 
        for--
                  (A) the acquisition from willing sellers of land and 
                interests in land in the State of South Dakota; and
                  (B) the acquisition or construction of administrative 
                improvements in connection with the Black Hills 
                National Forest.
  (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 3. REPLACEMENT LABORATORY, ROCKY MOUNTAIN RESEARCH STATION, RAPID 
                    CITY, SOUTH DAKOTA.

  (a) In General.--There are authorized to be appropriated to the 
Secretary of Agriculture $2,100,000 for a laboratory facility for the 
Rocky Mountain Research Station in Rapid City, South Dakota, to replace 
the obsolete laboratory capability at the research station. The 
replacement facility shall be colocated with at least one of the 
administrative improvements for the Black Hills National Forest 
acquired or constructed under the authority of section 2(f)(2)(B).
  (b) Conditions on Acquisition of Property.--No funds available to 
carry out this section may be used to purchase or otherwise acquire 
property unless--
          (1) the acquisition is from willing sellers; and
          (2) the property is located within the boundaries of the 
        State of South Dakota.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4226 is to authorize the Secretary of 
Agriculture to sell or exchange all or part of certain 
administrative sites and other land in the Black Hills National 
Forest and to use funds derived from the sale or exchange to 
acquire replacement sites and to acquire or construct 
administrative improvements in connection with the Black Hills 
National Forest.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4226 would allow the Secretary of Agriculture to sell 
or exchange certain National Forest System lands located in the 
State of South Dakota for the purpose of upgrading and 
relocating U.S. Forest Service administrative sites within the 
Black Hills National Forest. The bill would require that any 
land purchased be from a willing seller, authorize $2.1 million 
for the construction of a branch of the Rocky Mountain Research 
Station, and encourage the Secretary to co-locate the facility 
in or near Rapid City, South Dakota.
    The Rocky Mountain Research Station Center for Great Plains 
Ecosystem Research needs to replace the research lab located in 
Rapid City, South Dakota. In a recent review of all U.S. 
Department of Agriculture research facilities (``Report of the 
Strategic Planning Task Force on USDA Research Facilities--
Report and Recommendations''), the on-site team reported that 
the Rapid City laboratory was in major need of repair, is not 
handicap accessible, does not meet OSHA regulations, and is 
inadequate to support the mission of the unit. In fact, the 
facility was among the lowest-ranked facilities in the report. 
The laboratory is constantly in need of repair, and a new 
facility would be more cost-efficient in the long-term than 
repairing the existing facility.
    The Forest Service is interested in upgrading and 
relocating some administrative offices in the Black Hills 
National Forest and would like to co-locate the Rapid City 
research laboratory with one of the new administrative 
buildings. This idea is supported by the Rapid City Area 
Chamber of Commerce and the Black Hills Regional Multiple Use 
Coalition, which represents roughly 46 different multiple-use 
organizations in and around the Black Hills.
    Congressional action is required for land exchanges and 
conveyances within National Forests as well as to provide the 
authorization for relocation funding needed to complete the 
portion of construction for the Rapid City branch of the Rocky 
Mountain Research Station.

                            COMMITTEE ACTION

    H.R. 4226 was introduced on April 10, 2000, by Congressman 
John R. Thune (R-SD). The bill was referred to the Committee on 
Resources and within the Committee to the Subcommittee on 
Forests and Forest Health. The Subcommittee held a hearing on 
May 3, 2000. On May 16, 2000, the Subcommittee met to consider 
the bill. Congressman Helen Chenoweth-Hage (R-ID) offered an 
amendment to identify the sites to be relocated, encourage the 
Secretary to co-locate the Rapid City branch lab with a new 
administrative site, and authorize funds for the purchase of 
land for the lab only if the land is on or adjacent to a new 
administrative site. The amendment was adopted by voice vote. 
On July 26, 2000, the Full Committee met to consider the bill. 
The bill, as amended, was ordered favorably reported to the 
U.S. House of Representatives by unanimous consent with a 
further technical amendment.

            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 this bill would increase offsetting receipts by $1 
million per year in 2001 and 2002.
    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, August 7, 2000.
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. 4226, the Black 
Hills National Forest and Rocky Mountain Research Station 
Improvement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4226--Black Hills National Forest and Rocky Mountain Research 
        Station Improvement Act

    CBO estimates that implementing H.R. 4226 would increase 
offsetting receipts by about $1 million a year in 2001 and 
2002, and result in additional discretionary spending of about 
$4 million over the 2002-2005 period, assuming appropriation of 
the necessary amounts. Because the bill would affect offsetting 
receipts (a credit against direct spending), pay-as-you-go 
procedures would apply. H.R. 4226 contains 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. 4226 would authorize the Secretary of Agriculture to 
sell or exchange about 362 acres of land in the Black Hills 
National Forest in South Dakota, and to accept cash 
equalization payments up to the full value of the land. (Under 
current law, cash equalization payments in a land exchange of 
unequal value may not exceed 25 percent of the total value of 
the land.) Based on information from the Forest Service, CBO 
estimates that enacting the bill would result in receipts of 
about $2 million over the 2001-2002 period from the sale of the 
land.
    Any funds received by the Forest Service under H.R. 4226 
would be deposited into the Sisk Act Fund. H.R. 4226 would 
authorize the use of such deposits, subject to appropriation, 
to acquire land in South Dakota or to construct improvements in 
the Black Hills National Forest. Based on information from the 
Forest Service, CBO estimates that, under that provision, the 
agency would spend $2 million over the 2002-2005 period, 
assuming appropriation of the necessary amounts.
    H.R. 4226 also would authorize the appropriation of $2.1 
million for a new laboratory facility at the Rocky Mountain 
Research Station in Rapid City, South Dakota. Based on 
information from the Forest Service, CBO estimates that the 
agency would spend $1 million a year in 2002 and 2003 to 
construct the new facility, assuming appropriation of the 
authorized amount.
    On October 29, 1999, CBO transmitted a cost estimate for S. 
1599, similar legislation as ordered reported by the Senate 
Committee on Energy and Natural Resources on October 20, 1999. 
Differences between our estimates in the timing of receipts and 
outlays reflect different assumptions about when the 
legislation would be enacted. Further, the Senate version does 
not authorize appropriations for a new laboratory.
    The CBO staff contact is Megan Carroll. This estimate was 
approved by Robert A. Sunshine, 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.

                                
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