[Senate Report 106-210]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 366
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-210

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                      BLACK HILLS NATIONAL FOREST

                                _______
                                

                November 2, 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. 1599]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1599) 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, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                purpose

    The purpose of S. 1599 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 on the Black Hills National Forest.

                          background and need

    The bill authorizes the Secretary of Agriculture to sell or 
exchange property on the Black Hills National Forest in order 
to acquire new property for the purpose of constructing two new 
district offices for the forest.
    The Forest Service consolidated the Black Hills National 
Forest's seven Ranger Districts into four districts. As a 
result, the Pactola/Harney and Spearfish/Nemo Ranger Districts 
are each currently managed by one District Ranger, but use two 
offices. Combining these four separate offices into two 
district offices would save money, be more efficient, and 
ensure good customer service for users of the forest.
    One of the new district offices would be located on 
federally owned property in Spearfish Canyon and house the 
Spearfish/Nemo Ranger District employees. The other new 
district office would be located on property to be procured 
near Rapid City, and would house the Pactola/Harney Ranger 
District and the Rapid City Research Station employees.
    Funds necessary for the implementation of this legislation 
can be made available by selling property that will be excess 
after the construction of the new offices. However, the 
legislation does authorize additional funds, if necessary, to 
complete this project.

                          legislative history

    S. 1599 was introduced by Senators Daschle and Johnson on 
September 16, 1999. The Subcommittee on Forests and Public Land 
Management held a hearing on S. 1599 on October 14, 1999. At 
the business meeting on October 20, 1999, the Committee on 
Energy and Natural Resources ordered S. 1599 favorably 
reported.

           committee recommendations and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 20, 1999, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1599, 
without amendment.

                      section-by-section analysis

    Section (1) allows the Secretary of Agriculture to sell or 
exchange approximately 367 acres of identified parcels of land 
in the State of South Dakota, and may accept cash equalization 
in excess of 25 percent of the value of the land. This section 
also authorizes the Secretary to solicit offers as necessary 
and reject inadequate offers.
    Section (2) requires the Secretary to use funds received 
through sale or by cash equalization from an exchange for the 
acquisition of land in South Dakota and for the acqusition or 
construction of administrative improvements for the Black Hills 
National Forest.
    Section (3) authorizes appropriations necessary to carry 
out the Act.

                   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 29, 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. 1599, a bill 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.
    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

S. 1599--A bill 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

    CBO estimates that implementing S. 1599 would increase 
offsetting receipts by about $1 million a year for 2000 and 
2001, and increase discretionary spending by about $2 million 
over the 2001-2004 period. Because S. 1599 would affect 
offsetting receipts (a credit against direct spending), pay-as-
you-go procedures would apply. This bill 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.
    S. 1599 would authorize the Secretary of Agriculture to 
sell or exchange about 367 acres 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 2000-2001 period, from the sale of land.
    Any funds received by the Forest Service under S. 1599 
would be deposited into the Sisk Act Fund. S. 1599 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 the agency would spend $2 
million over the 2001-2004 period, assuming appropriation of 
the necessary amounts.
    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 Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1599. 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. 1599, as ordered reported.

                        executive communications

    On October 20, 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. 1599. These 
reports had not been received at the time the report on S. 1599 
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 Sandra H. Key, Associate Deputy Chief, Programs and 
         Legislation, Forest Service, Department of Agriculture

    Thank you for your invitation to testify at this hearing 
today on S. 1599, a bill 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. I appreciate the opportunity to join you today.


 s. 1599, sale or exchange of administrative sites on the black hills 
                            national forest


    We support S. 1599, which would 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.
    Specifically, the bill would authorize the sale or exchange 
of nine parcels totalling approximately 367 acres. The bill 
would also authorize the Secretary to deposit any funds 
received through the sale or exchange of these properties into 
the fund commonly known as the ``Sisk Act'', which would then 
be available, upon appropriation, for acquisition of other 
lands in the State of South Dakota and the acquisition or 
construction of administrative improvements in connection with 
the Black Hills National Forest.


                                closing


    Mr. Chairman, we support S. 1599, a bill 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.
    This concludes my statement, and I would be happy to answer 
any questions you and any Members of the Subcommittee might 
have.

                        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. 1599, as 
ordered reported.

                                  
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