[Senate Report 106-129]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 239
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-129

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



 
                 TERRY PEAK LAND CONVEYANCE ACT OF 1999

                                _______
                                

                 July 29, 1999.--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. 953]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 953) to direct the Secretary of 
Agriculture to convey certain land in the State of South Dakota 
to the Terry Peak Ski Area, having considered the same, reports 
favorably thereon with an amendment and recommends 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. SHORT TITLE.

  This Act may be cited as the ``Terry Peak Land Transfer Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds the following:
        (1) Certain National Forest System land located in the Black 
        Hills National Forest in Lawrence County, South Dakota, is 
        currently permitted to the Terry Peak Ski Area by the Secretary 
        of Agriculture pursuant to section 3 of the National Forest Ski 
        Area Permit Act of 1986 (16 U.S.C. 497b).
          (2) The National Forest System land comprises only 10 percent 
        of the land at the Ski Area, with the remaining 90 percent 
        located on private land owned by the Ski Area operator.
          (3) As the fractional Forest Service land holding at the Ski 
        Area is also encumbered by ski lifts, ski trails, a base lodge 
        parking lot and other privately owned improvements, it serves 
        little purpose in continued public ownership, and can more 
        logically be conveyed to the Ski Area to unify land management 
        and eliminate permitting and other administrative costs to the 
        United States.
          (4) The Ski Area is interested in acquiring the land from the 
        United States, but the Secretary does not have administrative 
        authority to convey such land in a nonsimultaneous land 
        exchange absent specific authorization from Congress.
          (5) The Black Hills National Forest contains several small 
        inholdings of undeveloped private land with multiple landowners 
        which complicate National Forest land management and which can 
        be acquired by the United States from willing sellers if 
        acquisition funds are made available to the Secretary.
          (6) The proceeds from the Terry Peak conveyance can provide a 
        modest, but readily available and flexible, funding source for 
        the Secretary to acquire certain inholdings in the Black Hills 
        National Forest from willing sellers, and given the small and 
        scattered nature of such inholdings, and number of potential 
        sellers involved, can do so more efficiently and quickly than 
        through administrative land exchanges.
          (7) It is, therefore, in the public interest to convey the 
        National Forest System land at Terry Peak to the Ski Area at 
        fair market value and to utilize the proceeds to acquire more 
        desirable lands for addition to the Black Hills National Forest 
        for permanent public use and enjoyment.
  (b) Purpose.--It is the purpose of this Act to require the conveyance 
of certain National Forest System lands at the Terry Peak Ski Area to 
the Ski Area and to utilize the proceeds to acquire more desirable 
lands for the United States for permanent public use and enjoyment.

SEC. 3. DEFINITIONS.

  As used in this Act:
          (1) The term ``Secretary'' means the Secretary of 
        Agriculture, unless otherwise specified.
          (2) The term ``selected land'' means land comprising 
        approximately 41.42 acres and generally depicted as government 
        lots 6 and 11, section 2, township 4 north, range 2 east, Black 
        Hills meridian, on a map entitled ``Terry Peak Land 
        Conveyance'', dated March 1999; and
          (3) the terms ``Terry Peak Ski Area'' and ``Ski Area'' mean 
        the Black Hills Chairlift Company, a South Dakota Corporation, 
        or its successors, heirs and assigns.

SEC. 4. LAND CONVEYANCE AND MISCELLANEOUS PROVISIONS.

  (a) Conveyance Required.--The Secretary of Agriculture shall convey 
the selected land to the Terry Peak Ski Area at fair market value, as 
determined by the Secretary.
  (b) Appraisal.--The value of the selected land shall be determined by 
the Secretary utilizing nationally recognized appraisal standards, 
including to the extent appropriate, the Uniform Appraisal Standards 
For Federal Land Acquisitions (1992), the Uniform Standards of 
Professional Appraisal Practice, and other applicable law. The costs of 
the appraisal shall be paid for by the Ski Area.
  (c) Completion of Conveyance.--It is the sense of Congress that the 
conveyance to the Ski Area required by this Act be consummated no later 
than 6 months after the date of enactment of this Act, unless the 
Secretary and the Ski Area mutually agree to extend the consummation 
date. Prior to conveying the selected land to the Ski Area, the 
Secretary shall complete standard pre-disposal analyses and clearances 
pertaining to threatened and endangered species, cultural and historic 
resources, wetlands and floodplains, and hazardous materials.
  (d) Use of Proceeds by The Secretary.--All monies received by the 
Secretary pursuant to this Act shall be considered monies received and 
deposited pursuant to Public Law 90-171 (16 U.S.C. 484a; commonly known 
as the Sisk Act) and shall be retained and utilized by the Secretary 
until fully expended to acquire replacement land from willing sellers 
for addition to the Black Hills National Forest in South Dakota. Any 
lands so acquired shall be added to and administered as part of the 
Black Hills National Forest and, if any such land lies outside the 
exterior boundaries of the Forest, the Secretary may modify the 
boundary of the Forest to include such land. Nothing in this section 
shall be construed to limit the authority of the Secretary to adjust 
the boundaries of the Forest pursuant to section 11 of the Act of March 
1, 1911 (16 U.S.C. 521; commonly known as the Weeks Act).
  (e) Conveyance Subject to Valid Existing Rights, Easements.--The 
conveyance to the Ski Area required by this Act shall be subject to 
valid existing rights and to existing easements, rights-of-way, utility 
lines and any other right, title or interest of record on the selected 
land as of the date of transfer of the selected land to the Terry Peak 
Ski Area.

                         purpose of the measure

    The purpose of S. 953 is to direct the Secretary of 
Agriculture to convey for an amount equal to the fair market 
value, certain land in South Dakota to the Terry Peak Ski Area 
in order to improve management of the Black Hills National 
Forest.

                          background and need

    S. 953 directs the Secretary of Agriculture to convey at 
fair market value, approximately 41.42 acres of National Forest 
System land in South Dakota to the Terry Peak Ski Area. The 
bill authorizes the use of the proceeds to acquire more 
desirable land for addition to the Black Hills National Forest 
for permanent public use and enjoyment.
    The Terry Peaks Ski Area operates under a ski area permit 
in the Black Hills National Forest in Lawrence County, South 
Dakota. The permitted land is 10 percent of the land of the Ski 
Area, and the operator owns the other 90 percent. The land to 
be conveyed is encumbered by lifts, trails, a base lodge and 
other improvements. The conveyance will eliminate the need for 
a permit and related costs to administer these lands. This bill 
gives specific authority for the Secretary to convey the parcel 
in exchange for a modest amount of funds that can then be used 
to acquire, from willing sellers, scattered inholdings within 
the forest. The conveyance will improve the management of 
National Forest System lands.

                          legislative history

    S. 953 was introduced by Senators Johnson and Daschle on 
May 4, 1999. The Subcommittee on Forests and Public Land 
Management held a hearing on S. 953 on June 23, 1999. At the 
business meeting on June 30, 1999, the Committee on Energy and 
Natural Resources ordered S. 953, as amended, favorably 
reported.

           committee recommendations and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 30, 1999, by unanimous voice vote 
of a quorum present recommends that the Senate pass S. 953, if 
amended as described herein.

                      section-by-section analysis

    Section 1 designates the bill's short title as the ``Terry 
Peak Land conveyance Act of 1999.''
    Section 2 presents findings and purposes of the bill.
    Section 3 defines terms used in the bill.
    Section 4(a) directs the Secretary to convey the land to 
the Ski Area at a fair market value.
    Subsection (b)(1) directs the Secretary to determine the 
value of the land by using nationally recognized appraisal 
standards.
    Paragraph (2) requires the Ski Area to pay the costs of the 
appraisal.
    Subsection (c) directs that the conveyance must occur 
within 180 days after the date of enactment of the Act unless a 
postponement is mutually agreed to.
    Subsection (d) mandates that the Secretary will perform the 
standard environmental analyses for permits and clearances 
prior to completing the conveyance.
    Subsection (e) prescribes that the proceeds received from 
the conveyance shall be used to acquire replacement land from 
willing sellers for addition to the Black Hills National 
Forest.
    Subsection (f) directs that any land acquired shall be 
added to, and administered as, National Forest Systems lands.
    Subsection (g) requires that the conveyance directed in 
subsection (a) will be subject to all valid existing rights.

                   cost and budgetary considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 7, 1999.
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. 953, 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.

S. 953--Terry Peak Land Conveyance Act of 1999

    CBO estimates that implementing S. 953 would not have a 
significant impact on the federal budget. Because S. 953 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.
    S. 953 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. S. 953 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 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 H.R. 
2079, the Terry peak Land Conveyance Act of 1999, as ordered 
reported by the House committee on 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.

                      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. 953.
    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. 953, as ordered reported.

                        executive communications

    On June 30, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 953. These reports 
had not been received at the time the report on S. 953 was 
filed. When the 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 Denny Bschor, Director, Recreation, Heritage, and 
    Wilderness Resources, Forest Service, Department of Agriculture

    Thank you for your invitation to testify on S. 953, the 
``Terry Peak Land Conveyance Act of 1999'', S. 1088, the 
``Arizona National Forest Improvement Act of 1999'', and S. 
503, the ``Spanish Peaks Wilderness Act of 1999''.
S. 953, ``Terry Peak Land Transfer Act of 1999''
    The Administration supports S. 953 because, (1) this 
conveyance will reduce significant administrative duties and 
costs for a 40 acre parcel of National Forest land within the 
Terry Peak Ski Area and, (2) the Forest Service will receive 
fair market value compensation for this land.
    Ski area facilities authorized under a special use permit 
are located on this parcel, which private lands border on three 
sides. Instead of retaining the parcel, the public would be 
better served by using the fair market value of this land to 
acquire private inholdings from willing sellers to add to the 
Black Hills National Forests.
    Conveyance of the 40 acre parcel, which is less than 10% of 
the ski area, would eliminate Forest Service costs of 
administering a special use permit for the ski area facilities 
located on this land. Compensation for this land would be 
considered monies received and deposited pursuant to the Sisk 
Act and the Forest Service would use them to acquire private 
inholdings from willing sellers within the Black Hills National 
Forest for public use and enjoyment.
    The Forest Service, however, recommends a technical 
amendment to Section 4(e) to clarify that the proceeds from the 
sale of the 40 acres be available without further appropriation 
for the acquisition of lands or interests in lands from willing 
sellers for addition to the Forest.

                         change 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 bill S. 953, as ordered 
reported.

                                  
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