[Senate Report 106-215]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 401
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-215

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



 
                JACKSON MULTI-AGENCY CAMPUS ACT OF 1999

                                _______
                                

                November 5, 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. 1374]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1374) to authorize the development and 
maintenance of a multiagency campus project in the town of 
Jackson, Wyoming, 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 ``Jackson Multi-Agency Campus Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) the management of public land and natural resources and 
        the service of the public in the area of Jackson, Wyoming, are 
        responsibilities shared by--
                  (A) the Department of Agriculture;
                  (B) the Forest Service;
                  (C) the Department of the Interior, including--
                          (i) the National Park Service; and
                          (ii) the United States Fish and Wildlife 
                        Service;
                  (D) the Game and Fish Commission of the State of 
                Wyoming;
                  (E) Teton County, Wyoming;
                  (F) the town of Jackson, Wyoming;
                  (G) the Jackson Chamber of Commerce; and
                  (H) the Jackson Hole Historical Society; and
          (2) it is desirable to locate the administrative offices of 
        several of the agencies and entities specified in paragraph (1) 
        on 1 site to--
                  (A) facilitate communication between the agencies and 
                entities;
                  (B) reduce costs to the Federal, State, and local 
                governments; and
                  (C) better serve the public.
  (b) Purposes.--The purposes of this Act are--
          (1) to authorize the Federal agencies specified in subsection 
        (a)--
                  (A) to develop and maintain the Project in Jackson, 
                Wyoming, in cooperation with the other agencies and 
                entities specified in subsection (a); and
                  (B) to provide resources and enter into such 
                agreements as are necessary for the planning, design, 
                construction, operation, maintenance, and fixture 
                modifications of all elements of the Project;
          (2) to direct the Secretary to convey to the town of Jackson, 
        Wyoming, certain parcels of federally owned land located in 
        Teton County, Wyoming, in exchange for construction of 
        facilities for the Bridger-Teton National Forest by the town of 
        Jackson;
          (3) to direct the Secretary to convey to the Game and Fish 
        Commission of the State of Wyoming certain parcels of federally 
        owned land in the town of Jackson, Wyoming, in exchange for 
        approximately 1.35 acres of land, also located in the town of 
        Jackson, to be used in the construction of the Project; and
          (4) to relinquish certain reversionary interests of the 
        United States in order to facilitate the transactions described 
        in paragraphs (1) through (3).

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Commission.--The term ``Commission'' means the Game and 
        Fish Commission of the State of Wyoming.
          (2) Construction cost.--The term ``construction cost'' means 
        any cost that is--
                  (A) associated with building improvements to Federal 
                standards and guidelines; and
                  (B) open to a competitive bidding process approved by 
                the Secretary.
          (3) Federal parcel.--The term ``Federal parcel'' means--
                  (A) the parcel of land, and all appurtenances to the 
                land, comprising approximately 15.3 acres, depicted as 
                ``Bridger-Teton National Forest'' on the Map; and
                  (B) the parcel comprising approximately 80 acres, 
                known as the ``Cache Creek Administrative Site'', 
                located adjacent to the town.
          (4) Map.--The term ``Map'' means the map entitled ``Multi-
        Agency Campus Project Site'', dated March 31, 1999, and on file 
        in the offices of--
                  (A) the Bridger-Teton National Forest, in the State 
                of Wyoming; and
                  (B) the Chief of the Forest Service.
          (5) Master plan.--The term ``master plan'' means the document 
        entitled ``Conceptual Master Plan'', dated July 14, 1998, and 
        on file at the offices of--
                  (A) the Bridger-Teton National Forest, in the State 
                of Wyoming; and
                  (B) the Chief of the Forest Service.
          (6) Project.--The term ``Project'' means the proposed project 
        for construction of a multi-agency campus, to be carried out by 
        the town of Jackson in cooperation with the other agencies and 
        entities described in section 2(a)(1), to provide, in 
        accordance with the master plan--
                  (A) administrative facilities for various agencies 
                and entities; and
                  (B) interpretive, educational, and other facilities 
                for visitors to the greater Yellowstone area.
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture (including a designee of the Secretary).
          (8) State parcel.--The term ``State parcel'' means the parcel 
        of land comprising approximately 3 acres, depicted as ``Wyoming 
        Game and Fish'' on the Map.
          (9) Town.--The term ``town'' means the town of Jackson, 
        Wyoming.

SEC. 4. MULTI-AGENCY CAMPUS PROJECT, JACKSON, WYOMING.

  (a) Construction for Exchange of Property.--
          (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the town may construct, as part of the 
        Project, an administrative facility to be owned and operated by 
        the Bridger-Teton National Forest, if--
                  (A) an offer by the town to construct the 
                administrative facility is accepted by the Secretary 
                under paragraph (2);
                  (B) a memorandum of understanding between the town 
                and the Secretary outlining the roles and 
                responsibilities of each party involved in the land 
                exchange and construction is executed;
                  (C) a final building design and construction cost 
                estimate is approved by the Secretary; and
                  (D) the exchange described in subsection (b)(2) is 
                completed in accordance with that subsection.
          (2) Acceptance and authorization to construct.--The 
        Secretary, on receipt of an acceptable offer from the town 
        under paragraph (1), shall authorize the town to construct the 
        administrative facility described in paragraph (1) in 
        accordance with this Act.
          (3) Conveyance.--
                  (A) Secretary.--The Secretary shall convey all right, 
                title, and interest in and to the Federal land 
                described in section 5(a)(1) to the town in 
                simultaneous exchange for, and on satisfactory 
                completion of, the administrative facility.
                  (B) Town.--The town shall convey all right, title, 
                and interest in and to the administrative facility 
                constructed under this section in exchange for the land 
                described in section 5(a)(1).
  (b) Offer To Convey State Parcel.--
          (1) In general.--The Commission may offer to convey a portion 
        of the State parcel, depicted on the Map as ``Parcel Three'', 
        to the United States to be used for construction of an 
        administrative facility for the Bridger-Teton National Forest.
          (2) Conveyance.--If the offer described in paragraph (1) is 
        made not later than 5 years after the date of enactment of this 
        Act, the Secretary shall convey the Federal land described in 
        section 5(a)(2) to the Commission, in exchange for the portion 
        of the State parcel described in paragraph (1), in accordance 
        with this Act.

SEC. 5. CONVEYANCE OF FEDERAL LAND.

  (a) In General.--In exchange for the consideration described in 
section 3, the Secretary shall convey--
          (1) to the town, in a manner that equalizes values--
                  (A) the portion of the Federal parcel, comprising 
                approximately 9.3 acres, depicted on the Map as 
                ``Parcel Two''; and
                  (B) if an additional conveyance of land is necessary 
                to equalize the values of land exchanged after the 
                conveyance of Parcel Two, an appropriate portion of the 
                portion of the Federal parcel comprising approximately 
                80 acres, known as the ``Cache Creek Administrative 
                Site'' and located adjacent to the town; and
          (2) to the Commission, the portion of the Federal parcel, 
        comprising approximately 3.2 acres, depicted on the Map as 
        ``Parcel One''.
  (b) Reversionary Interests.--As additional consideration for 
acceptance by the United States of any offer described in section 4, 
the United States shall relinquish all reversionary interests in the 
State parcel, as set forth in the deed between the United States and 
the State of Wyoming, dated February 19, 1957, and recorded on October 
2, 1967, in Book 14 of Deeds, Page 382, in the records of Teton County, 
Wyoming.

SEC. 6. EQUAL VALUE OF INTERESTS EXCHANGED.

  (a) Valuation of Land To Be Conveyed.--
          (1) In general.--The fair market and improvement values of 
        the land to be exchanged under this Act shall be determined--
                  (A) by appraisals acceptable to the Secretary, using 
                nationally recognized appraisal standards; and
                  (B) in accordance with section 206 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1716).
          (2) Appraisal report.--Each appraisal report shall be written 
        to Federal standards, as defined in the Uniform Appraisal 
        Standards for Federal Land Acquisitions developed by the 
        Interagency Land Acquisition Conference.
          (3) No effect on value of reversionary interests.--An 
        appraisal of the State parcel shall not take into consideration 
        any reversionary interest held by the United States in the 
        State parcel as of the date on which the appraisal is 
        conducted.
  (b) Value of Federal Land Greater Than Construction Costs.--If the 
value of the Federal land to be conveyed to the town under section 
5(a)(1) is greater than the construction costs to be paid by the town 
for the administrative facility described in section 4(a), the 
Secretary shall reduce the acreage of the Federal land conveyed so that 
the value of the Federal land conveyed to the town closely approximates 
the construction costs.
  (c) Value of Federal Land Equal to Value of State Parcel.--
          (1) In general.--The value of any Federal land conveyed to 
        the Commission under section 5(a)(2) shall be equal to the 
        value of the State parcel conveyed to the United States under 
        section 4(b).
          (2) Boundaries.--The boundaries of the Federal land and the 
        State parcel may be adjusted to equalize values.
  (d) Payment of Cash Equalization.--Notwithstanding subsections (b) 
and (c), the values of Federal land and the State parcel may be 
equalized by payment of cash to the Secretary, the Commission, or the 
town, as appropriate, in accordance with section 206(b) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if the 
values cannot be equalized by adjusting the size of parcels to be 
conveyed or by conveying additional land, without compromising the 
design of the Project.

SEC. 7. ADDITIONAL PROVISIONS.

  (a) Construction of Federal Facilities.--The construction of 
facilities on Federal land within the boundaries of the Project shall 
be--
          (1) supervised and managed by the town in accordance with the 
        memorandum of agreement referred to in section 4(a)(1)(A); and
          (2) carried out to standards and specifications approved by 
        the Secretary.
  (b) Access.--The town (including contractors and subcontractors of 
the town) shall have access to the Federal land until completion of 
construction for all purposes related to construction of facilities 
under this Act.
  (c) Administration of Land Acquired by United States.--Land acquired 
by the United States under this Act shall be governed by all laws 
applicable to the administration of national forest sites.
  (d) Wetland.--
          (1) In general.--There shall be no construction of any 
        facility after the date of conveyance of Federal land under 
        this Act within any portion of the Federal parcel delineated on 
        the map as ``wetlands''.
          (2) Deeds and conveyance documents.--A deed or other 
        conveyance document executed by the Secretary in carrying out 
        this Act shall contain such reservations as are necessary to 
        preclude development of wetland on any portion of the Federal 
        parcel.

                                purpose

    The purpose of S. 1374 is to authorize the Forest Service 
to transfer a small parcel of their land within a proposed 
multi-agency office campus to the Town of Jackson, Wyoming, in 
exchange for the Town constructing a new admnistrative facility 
for the agency.

                          background and need

    Local, State and Federal officials have identified a need 
to develop a multi-agency campus in Jackson, Wyoming, that will 
offer visitors a ``one stop shopping'' service for wildlife, 
tourism and resource issues.
    The multi-agency campus includes a wildlife interpretive 
center, facilities for public programs, walkways, bike paths, 
museum space, and office locations for the Wyoming Department 
of Game and Fish, the Forest Service, and the local Chamber of 
Commerce. There are several entitties involved in this effort, 
including the U.S. Department of Agriculture, the Forest 
Service, Wyoming Department of Game and Fish, the National Park 
Service, the U.S. Fish and Wildlife Service, the Department of 
Interior, Teton County, the Town of Jackson, the Jackson 
Chamber of Commerce, and the Jackson Hole Historical Society.
    S. 1374 will improve communications among the Federal 
agencies and related entities, and reduce costs to Federal, 
State and local governments as they address public needs.

                          legislative history

    S. 1374 was introduced by Senators Thomas and Enzi on July 
15, 1999, and referred to the Committee on Energy and Natural 
Resources. The Subcommittee on Forests and Public Land 
Management held a hearingon S. 1374 on July 27, 1999. At the 
business meeting on October 20, 1999, the Committee on Energy 
and Natural Resources ordered S. 1374, as amended, favorbly 
reported.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on October 20, 1999, by a vote of a quorum 
present, recommends that the Senate pass S. 1374, if amended as 
described herein.

                          Committee amendment

    During the consideration of S. 1374, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
several clarifying and conforming changes to incorporate 
recommendations made by the Administration at the Subcommittee 
hearing. The amendment is described in detail in the section-
by-section analysis below.

                      section-by-section analysis

    Section 1 cites the short title as ``Jackson Multi-Agency 
Campus Act of 1999.''
    Section 2 contains the congressional findings and purposes.
    Section 3 defines key terms used in the bill.
    Section 4(a) requires that the Secretary of Agriculture 
convey a parcel of land to Jackson, Wyoming if the town offers 
to construct an administrative facility for the Bridger-Teton 
National Forest, as part of a multi-agency campus, within 5 
years after the date of enactment of this Act.
    Subsection (b) requires that the Secretary of Agriculture 
convey a parcel of land to the Wyoming Game and Fish Commission 
if it offers to convey a parcel of land for the construction of 
an administrative facility for the Bridger-Teton National 
Forest within 5 years after the date of enactment of this Act.
    Section 5(a) describes the parcels of Federal land to be 
conveyed under the Act.
    Subsection (b) provides that the United States will 
relinquish all reversionary interests in the parcel conveyed to 
the Wyoming Fish and Game Commission.
    Section 6(a) states that the lands to be exchanged shall be 
of equal value, as provided in section 206 of the Federal Land 
Policy and Management Act (FLPMA).
    Subsection (b) authorizes the Secretary to reduce the 
Federal acreage conveyed if the value of the Federal land to be 
conveyed is greater than the construction costs of the project.
    Subsection (c) states that the value of any Federal land 
conveyed to the Wyoming Game and Fish Commission shall be equal 
to the value of land conveyed by the Commission to the United 
States.
    Subsection (d) provides for cash equalization payments, if 
necessary, as authorized under section 206 of FLPMA.
    Section 7(a) pertains to the construction of facilities on 
Federal Land for the multi-agency campus.
    Subsection (b) ensures that the town shall have access to 
the Federal land until the construction of the project is 
completed.
    Subsection (c) states that land acquired by the United 
States shall be governed by all laws applicable to the 
administration of national forest sites.
    Subsection (d) states that no part of the construction can 
occur on land designated as a wetland.

                   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 27, 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. 1374, the Jackson 
Multi-Agency Campus Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria 
Heid Hall (for federal costs), and Marjorie Miller (for the 
state and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1374--Jackson Multi-Agency Campus Act of 1999

    CBO estimates that implementing S. 1374 would have no 
impact on the federal budget. Because S. 1374 would not affect 
direct spending or receipts, pay-as-you-go procedures would not 
apply. S. 1374 would authorize the Secretary of Agriculture to 
convey up to 90 acres of federal land to the town of Jackson, 
Wyoming, and to relinquish to the state of Wyoming the federal 
government's reversionary interest in about 3 acres of state 
land. The conveyance and relinquishment of interest in land 
would be made in exchange for the construction of an 
administrative facility by the town for the Forest Service. If 
the value of federal land conveyed to the town is greater than 
the facility construction costs to be paid by the town, the 
bill would direct the Secretary to reduce the acreage of 
federal land conveyed so that the exchange is of equal value. 
The bill would authorize the Secretary to convey to Wyoming 
about 3 acres of federal land in exchange for 1.35 acres of 
state land that would be the site of the new administrative 
facility.
    Although the bill provides that the barter of federal land 
for the construction of a new facility be of equal value, it 
would allow for cash payments (subject to the availability of 
appropriate funds) to ensure an equal exchange between the 
federal government and the town of Jackson. Based on 
information from the Forest Service, we expect that enacting S. 
1374 would not affect federal spending or receipts because the 
exchanges will be of equal value without need for cash 
equalization payments by either party.
    S. 1374 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
exchanges authorized by the bill would be voluntary on the part 
of the town of Jackson and the state of Wyoming and any costs 
incurred by these parties would be voluntary as well. Further, 
the bill would impose no costs on any other state, local, or 
tribal government.
    The CBO staff contacts are Victoria Heid Hall (for federal 
costs), and Marjorie Miller (for the state and local impact). 
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. 1374. 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. 1374, as ordered reported.

                        executive communications

    On October 21, 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. 1374. These 
reports had not been received at the time the report on S. 1374 
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 Ron Stewart, Deputy Chief, Programs and Legislation, 
               Forest Service, Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today to discuss S. 1374, 
a bill to authorize the development and maintenance of a multi-
agency campus project in the town of Jackson, Wyoming.
    I am Ron Stewart, Forest Service Deputy Chief for Programs 
and Legislation. I am accompanied today by Mike Williams, 
Assistant Director of Lands.
    The Administration supports the goals of S. 1374, which 
would authorize the sale of land and provide for the 
acquisition of a new site and facility for a multi-agency 
office in the town of Jackson, Wyoming, but would like to work 
with the subcommittee to make some adjustments.
    The Administration supports the goals of S. 1374, the 
``Jackson Multi-Agency Campus Act of 1999.'' This bill would 
direct the Secretary of Agriculture to convey to the town of 
Jackson, Wyoming, certain parcels of federally owned land 
located in Teton County, Wyoming, in exchange for construction 
of facilities for the Bridger-Teton National Forest by the town 
of Jackson. The bill would also direct the Secretary to convey 
to the Game and Fish Commission of the State of Wyoming certain 
parcels of federally owned land in the town of Jackson in 
exchange for approximately 1.35 acres of land, also located in 
Jackson to be used in the construction of the facilities. The 
bill also would relinquish certain reversionary interests of 
the United States, held by the Department of Defense on lands 
currently owned by the State of Wyoming, in order to facilitate 
the transactions.
    This bill would facilitate an equal value land exchange 
that would result in a new facility to be used by the Forest 
Service, and would also provide for multi-agency uses such as 
combined visitor information and interpretive services. A 
Memorandum of Understanding will be entered into by the Forest 
Service and the town of Jackson to deal with specific 
requirements related to the design and construction of the 
facility.
    The Forest Service is concerned that there are still 
sections of this bill that may need some technical amendments 
with regard to requirements for certain county actions, the 
relinquishment of the reversionary action of the United States, 
the terms of conveyance, and the section pertaining to value of 
federal lands less than construction costs. We are still 
reviewing this matter and would like to work with the 
subcommittee to make adjustments as needed.


                                closing


    In summary Mr. Chairman, we support the goals of S. 1374, 
the land conveyance and land exchange for the purpose of 
constructing a multi-agency campus in Jackson, and we intend to 
work with the subcommittee on our concerns regarding certain 
sections of the bill.
    We thank the subcommittee for the opportunity to comment on 
these bills. I would be pleased to answer any questions you may 
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. 1374, as 
ordered reported.

                                  
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