[Senate Report 106-174]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 304
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-174

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          EXCHANGE OF PRIVATE LAND IN CAMPBELL COUNTY, WYOMING

                                _______
                                

                October 6, 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. 1030]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1030) to provide that the conveyance by 
the Bureau of Land Management of the surface estate to certain 
land in the State of Wyoming in exchange for certain private 
land will not result in the removal of the land from operation 
of the mining laws, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
    At the end, add the following:
    ``(c) Segregation From Entry.--Land acquired by the United 
States in the exchange under subsection (a) shall be segregated 
from entry under the mining laws until appropriate land use 
planning is completed for the land.''.

                         purpose of the measure

    The purpose of S. 1030 is to provide that the conveyance by 
the Bureau of Land Management of the surface estate to certain 
land in the State of Wyoming in exchange for certain private 
land will not result in the removal of the mineral estate 
retained by the United States from operation of the mining 
laws.

                          background and need

    The Bureau of Land Management (BLM) is seeking to finalize 
an equal-value exchange under section 206 of the Federal Land 
Policy and Management Act whereby the United States will 
acquire 9,480 acres of land of high scenic and recreational 
value near Gillette, Wyoming. In exchange, BLM will convey 
20,832 acres of scattered, isolated public lands with mostly 
limited public access. BLM will retain the mineral estate to 
all of the conveyed lands. Pursuant to the exchange agreement, 
this Federal mineral estate will stay open to the operation of 
the mining laws. BLM regulations at 43 CFR 2201.1-2(d) and 
2090.3-2(c) require that the mineral estate remain closed to 
the operation of the mining laws pending the issuance of land 
use regulations. S. 1030 will exempt the conveyed lands from 
these regulatory requirements, thereby allowing the exchange to 
proceed.

                          legislative history

    S. 1030 was introduced by Senator Enzi on May 13, 1999. The 
Subcommittee on Forests and Public Land Management held a 
hearing on S. 1030 on July 27, 1999. At the business meeting on 
September 22, 1999, the Committee on Energy and Natural 
Resources ordered S. 1030 favorably reported, with an 
amendment.

           committee recommendations and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 22, 1999, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1030, with 
an amendment.

                          committee amendments

    An amendment is recommended by the Committee to clarify 
that lands acquired by BLM shall be segregated from entry under 
the mining laws until appropriate land use planning is 
completed for the panel.

                   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, October 5, 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. 1030, a bill to 
provide that the conveyance by the Bureau of Land Management of 
the surface estate to certain land in the state of Wyoming in 
exchange for certain private land will not result in the 
removal of the land from operation of the mining laws.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contract is Victoria 
Heid Hall.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1030--A bill to provide that the conveyance by the Bureau of Land 
        Management of the surface estate to certain land in the state 
        of Wyoming in exchange for certain private land will not result 
        in the removal of the land from operation of the mining laws

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Enacting the bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. S. 1030 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would not affect the budgets 
of state, local, or tribal governments.
    S. 1030 concerns the administration of certain federal land 
which the Bureau of Land Management (BLM) plans to exchange in 
Wyoming. In the proposed exchange, the federal government would 
convey the surface rights to about 20,830 acres of federal land 
in exchange for the surface rights to about 9,500 acres of 
privately owned land. No subsurface mineral right would be 
exchanged. However, under current federal regulations, public 
land administered by BLM that is conveyed in an exchange is 
automatically removed from operation of the mining laws. S. 
1030 provides that the subsurface rights retained by the 
federal government in the land exchange would not be subject to 
those regulations and would therefore remain open to the mining 
laws. As a result, enacting this bill would allow a uranium 
mining company to pursue its existing subsurface claims to the 
federal land after the exchange is completed.
    The CBO staff contact is Victoria Heid Hall. This estimate 
was approved by Peter H. Fontaine, Deputy Assistant Director 
for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rule of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carry out S. 1030.
    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. 1030, as ordered reported.

                        executive communications

    On September 23, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1030. These 
reports had not been received at the time the report on S. 1030 
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 Bureau 
of Land Management at the Subcommittee hearing follows:

   Statement of Larry Finfer, Assistant Director for Communications, 
                       Bureau of Land Management

    Mr. Chairman and members of the subcommittee, I appreciate 
the opportunity to appear before you today to testify on S. 
1030.
    The BLM does not object to S. 1030 because, once completed, 
the exchange will result in a trace public land consisting of 
approximately 18,600 acres with public access. However, we 
recommend that S. 1030 be amended as more specifically set 
forth below. Before addressing the amendment, let me describe 
the mechanics of the land exchange.
    This act involves the exchange of approximately 20,000 
acres of public lands for approximately 9,500 acres of private 
lands within the State of Wyoming. The private lands were 
formerly located within the 60 Bar Ranch, adjacent to existing 
BLM and Wyoming State lands. They have been purchased by Cow 
Creek LLC, a limited liability company, and will be exchanged 
for scattered, isolated tracts of public land located within 
the private ranch units of the owners of Cow Creek LLC. An 
existing uranium company holds surface rights on the scattered 
public lands proposed for exchange. The company stated a 
willingness to relinquish its mining claims if this act passes. 
With respect to the lands begin transferred by the BLM, S. 1030 
provides for an exemption to 43 CFR Sections 2201.1-2(d) and 
2091.3-2(c). These exemptions will allow the uranium mine to 
pursue subsurface claims in the future. We realize that these 
exemptions are unusual. However, it is our understanding that 
the owners of Cow Creek LLC support this legislation.
    With respect to the lands to be acquired, the BLM 
recommends that the bill be amended to withdraw the lands from 
entry under the general mining laws until appropriate land use 
planning is completed for the acquired lands.
    That concludes my testimony. I would be glad to respond to 
any questions.

                        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 bill S. 1030 as ordered 
reported.

                                  
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