[Senate Report 106-236]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 452
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-236

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                        EDUCATION LAND GRANT ACT

                                _______
                                

                 March 9, 2000.--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 H.R. 150]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 150) to authorize the Secretary of 
Agriculture to convey National Forest System lands for use for 
educational purposes, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the Act, 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.

    (a) Short Title.--This Act may be cited as the ``National Forest 
Education and Community Purpose Lands Act''.

SECTION 2. FINDINGS.

    Congress finds that--
          (1) communities adjacent to and surrounded by National Forest 
        System land have limited opportunities to acquire land for 
        recreational, educational and other public purposes;
          (2) in many cases, such recreational, educational and other 
        public purposes are not within the mission of the Forest 
        Service, but would not be inconsistent with land and resource 
        management plans developed for the adjacent national forest;
          (3) such communities are often unable to acquire land for 
        such recreational, educational and other public purposes due to 
        extremely high market value of private land resulting from the 
        predominance of Federal land in the local area; and
          (4) the national forests and adjacent communities would 
        mutually benefit from a process similar to that available to 
        the Bureau of Land Management under the Act of June 14, 1926 
        (commonly known as the ``Recreation and Public Purposes Act'') 
        (43 U.S.C. 869 et seq.).

SECTION 3. DEFINITIONS.

    In this Act:
          (1) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9601).
          (2) Parcel.--
                  (A) In general.--The term ``parcel'' means a parcel 
                of land under the jurisdiction of the Forest Service 
                that has been withdrawn from the public domain.
                  (B) Exclusion.--The term ``parcel'' does not include 
                land set aside or held for the benefit of Indians.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.

SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM LAND FOR PUBLIC PURPOSES.

    (a) Authority.--Upon receipt and approval of an application in 
writing, the Secretary may dispose of National Forest System land to a 
State or a political subdivision of a State as provided in this section 
on the condition that the parcel be used for recreational, educational 
and other public purposes, as determined by the Secretary.
    (b) Conditions of Disposal, Transfer of Title, or Change in Use.--
Before any parcel may be disposed of or any application for a transfer 
of title or a change in use of a parcel is approved under this section, 
the Secretary shall determine that--
          (1) the parcel is to be used for an established or proposed 
        project that is described in detail in the application on the 
        Secretary, and that would serve public objectives (either 
        locally or at large) that outweigh the objectives and values 
        which would be served by maintaining such parcel in Federal 
        ownership;
          (2) the applicant is financially and otherwise capable of 
        implementing the proposed project; and
          (3) the acreage is not more than is reasonably necessary for 
        the proposed use.
    (c) Public Participation.--The Secretary shall provide an 
opportunity for public participation in a disposal under this section, 
including at least one public hearing or meeting, to provide for public 
comments.
    (d) Review of Applications.--
          (1) In general.--When the Secretary receives an application 
        under this section to convey a parcel for recreational, 
        educational, or other public purposes related to emergency 
        services, the Secretary shall--
                  (A) before the end of the 14-day period beginning on 
                the date of the receipt of the application, provide 
                notice of that receipt to the applicant; and
                  (B) before the end of the 120-day period beginning on 
                that date--
                          (i) make a final determination whether or not 
                        to convey land pursuant to the application, and 
                        notify the applicant of that determination; or
                          (ii) submit written notice to the applicant 
                        containing the reasons why a final 
                        determination has not been made.
          (2) Other applications.--When the Secretary receives an 
        application under this section to convey a parcel for any 
        public purposes other than those under paragraph (1), the 
        Secretary shall--
                  (A) before the end of the 14-day period beginning on 
                the date of receipt of the application, provide notice 
                of that receipt to the applicant; and
                  (B) take reasonable actions necessary to make a final 
                determination whether or not to convey land pursuant to 
                the application, and notify the applicant of that 
                determination, to the extent practicable, before the 
                end of the 180-day period beginning on that date.
    (e) Parcels Withdrawn in Aid of Functions of Federal and State 
Agencies.--If a parcel has been withdrawn in aid of a function of a 
Federal agency other than the Department of Agriculture or of an agency 
of a State or political subdivision of a State (including a water 
district), the Secretary may dispose of the parcel under this section 
only with the consent of the agency.
      (f) Conveyances and Leases.--
          (1) Conveyances.--The Secretary may convey a parcel to the 
        State or a political subdivision of a State in which the parcel 
        is located if the proposed use is not inconsistent with the 
        land allocations within applicable land and resource management 
        plans under the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1600 et seq.).
          (2) Leases.--The Secretary may lease a parcel to the State or 
        a political subdivision of a State in which the parcel is 
        located, at a reasonable annual rental, for a period up to 25 
        years, and, at the discretion of the Secretary, with a 
        privilege of renewal for a like period, if the proposed use is 
        not inconsistent with the land allocations within applicable 
        land and resource management plans under the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1600 et seq.).
          (3) Consideration.--The conveyance of lease of a parcel for 
        purposes under this section shall be made at a price to be 
        fixed by the Secretary, consistent with the pricing structure 
        established by the Secretary of the Interior under the Act of 
        June 14, 1926 (43 U.S.C. 869 et seq.).
    (g) Acreage Limitations and Property Descriptions.--
          (1) Acreage limitations.--A conveyance under this section may 
        not exceed 100 acres, unless the parcel contains facilities 
        that have been determined by the Secretary to be suitable for 
        disposal under the authority of the General Services 
        Administration. This limitation shall not be construed to 
        preclude an entity from submitting subsequent applications 
        under this section for additional land conveyances if the 
        entity can demonstrate to the Secretary a need for additional 
        land.
          (2) Description of property.--If necessary, the exact acreage 
        and legal description of the real property conveyed under this 
        subsection shall be determined by a survey satisfactory to the 
        Secretary and the applicant. The cost of the survey shall be 
        borne by the applicant.
          (3) Recreation and purposes act.--Section 1 of the Act of 
        June 14, 1926 (commonly known as the ``Recreation and Public 
        Purposes Act''; 43 U.S.C. 869), as amended, is further amended 
        by adding at the end the following:
    ``(d) Description of Property.--If necessary, the exact acreage and 
legal description of the real property conveyed under this section 
shall be determined by a survey satisfactory to the Secretary and the 
applicant. The cost of the survey shall be borne by the applicant.''.
    (h) Reservation of Mineral Rights.--Each conveyance or lease under 
this section shall contain a reservation to the United States of all 
mineral deposits in the parcel conveyed or leased and of the right to 
mine and remove the mineral deposits under applicable laws (including 
regulations).
    (i) Use of the Leased Land for Unauthorized Purposes.--Each lease 
under this section shall contain a provision for termination of the 
lease of a finding by the Secretary that--
          (1) the parcel has not been used by the lessee as specified 
        in the lease for a period greater than 5 years; or
          (2) the parcel or any part of the parcel is being devoted to 
        a use other than that for which the lease was made.
    (j) Conditions of Conveyance; Reversion for Noncompliance.--
          (1) Conditions of Conveyance.--
                  (A) Transfer of title.--
                          (i) In General.--Except as provided in clause 
                        (ii), title to a parcel conveyed by the 
                        Secretary under this section may not be 
                        transferred by the grantee or a successor or 
                        the grantee.
                          (ii) Exception.--With the consent of the 
                        Secretary in accordance with this section, 
                        title to a parcel may be transferred to the 
                        State or a political subdivision of the State 
                        in which the parcel is located.
                  (B) Use.--
                          (i) In General.--Except as provided in clause 
                        (ii), a grantee or a successor of the grantee 
                        may not change the use specified in the 
                        conveyance of a parcel under this section to 
                        another or additional use.
                          (ii) Exception.--Upon application and 
                        appropriate public participation, the Secretary 
                        may approve a change in use of a parcel to 
                        another recreational, educational or other 
                        public use, in accordance with this section.
          (2) Reversion for noncompliance.--If at any time after a 
        parcel is conveyed by the Secretary, the grantee or a successor 
        of the grantee, without the consent of the Secretary, attempts 
        to transfer title to or control over the parcel to another 
        person or entity or to devote the parcel to a use other than 
        that for which the parcel was conveyed, title to the parcel 
        shall revert to the United States.
    (k) Prior Conveyances.--On application by the State or a political 
subdivision of the State in which the parcel is located, the Secretary 
may authorize a transfer of title or a change in use in accordance with 
subsection (j) with respect to any parcel conveyed under this section 
or any other law.
    (l) Solid Waste Disposal Sites.--
          (1) Conveyance for the purposes of solid waste disposal.--If 
        the Secretary receives an application for conveyance of a 
        parcel under this section for the purpose of solid waste 
        disposal or for another purpose that the Secretary finds may 
        include the disposal, placement, or release of any hazardous 
        substance, the Secretary may convey the parcel subject only to 
        this subsection.
          (2) Investigation.--
                  (A) In general.--Before any conveyance of a parcel 
                under this subsection the Secretary shall investigate 
                the parcel to determine whether any hazardous substance 
                is present on the parcel.
                  (B) Elements of an investigation.--An investigation 
                under subparagraph (A) shall include--
                          (i) a review of any available records of the 
                        use of the parcel; and;
                          (ii) all appropriate analyses of the soil, 
                        water and air associated with the parcel.
                  (C) Presence of a hazardous substance.--A parcel 
                shall not be conveyed under this subsection if the 
                investigation indicates that any hazardous substance is 
                present on the parcel.
          (3) Submission to other state and federal agencies.--No 
        application for conveyance under this subsection shall be acted 
        on by the Secretary until the applicant has furnished evidence, 
        satisfactory to the Secretary, that a copy of the application 
        and information concerning the proposed use of the parcel 
        covered by the application has been provided to the 
        Environmental Protection Agency and to all other State and 
        Federal agencies with responsibility for enforcement of Federal 
        and State laws applicable to land used for the disposal, 
        placement, or release of solid waste or any hazardous 
        substance.
          (4) Warranty.--No application for conveyance under this 
        subsection shall be acted on by the Secretary until the 
        applicant gives a warranty that--
                  (A) use of the parcel covered by the application will 
                be consistent with all applicable Federal and State 
                laws, including laws dealing with the disposal, 
                placement, or release of hazardous substances; and
                  (B) the applicant will hold the United States 
                harmless from any liability that may arise out of any 
                violation of any such law.
          (5) Requirements.--A conveyance under this subsection shall 
        be made to the extent that the applicant demonstrates to the 
        Secretary that the parcel covered by an application meets all 
        applicable State and local requirements and is appropriate in 
        character and reasonable in acreage in order to meet an 
        existing or reasonably anticipated need for solid waste 
        disposal or for another proposed use that the Secretary finds 
        may include the disposal, placement, or release of any 
        hazardous substance.
          (6) Conditions.--
                  (A) In general.--A conveyance of a parcel under this 
                subsection shall be subject to the conditions stated in 
                this paragraph.
                  (B) Reverter.--
                          (i) In general.--The instrument of conveyance 
                        shall provide that the parcel shall revert to 
                        the United States unless substantially all of 
                        the parcel has been used, on or before the date 
                        that is 5 years after the date of conveyance, 
                        for the purpose specified in the application, 
                        or for other use or uses authorized under 
                        subsection (b) with the consent of the 
                        Secretary.
                          (ii) Limitation.--No portion of a parcel that 
                        has been used for solid waste disposal or for 
                        any other purpose that the Secretary finds may 
                        result in the disposal, placement, or lease of 
                        a hazardous substance shall revert to the 
                        United States.
                  (C) Payment to the secretary on further conveyance.--
                If at any time after conveyance any portion of a parcel 
                has not been used for the purpose specified in the 
                application, and the entity to which the parcel was 
                conveyed by the Secretary transfers ownership of the 
                unused portion to any other person or entity, 
                transferee shall be liable to pay the Secretary the 
                fair market value of the transferred portion as of the 
                date of the transfer, including the value of any 
                improvements thereon.
                  (D) Use of payments.--Subject to the availability of 
                appropriations, all amounts received by the Secretary 
                under subparagraph (C) shall be retained by the 
                Secretary, shall be available to the Secretary for use 
                for the management of National Forest System land, and 
                shall remain available until expended.

                         purpose of the measure

    The purpose of H.R. 150 is to authorize the Secretary of 
Agriculture to convey National Forest System lands for use for 
educational purposes, and for other purposes.

                          background and need

    H.R. 150 will establish a national mechanism for 
communities adjacent or surrounded by National Forest System 
lands, to apply to the Secretary of Agriculture for National 
Forest System land to build, renovate, or expand rural 
educational, recreational or other public facilities. Under the 
Recreation and Public Purposes Act (R&PPA) only communities 
near Bureau of Land Management (BLM) lands can apply for 
conveyances of small tracts of land at nominal costs. H.R. 150 
is modeled after R&PPA.

                          legislative history

    H.R. 150 was introduced on January 6, 1999, by Congressman 
Hayworth, Stump, Underwood, Goodlatte, Schaffer, Gibbons, 
McDermott, Chenoweth, and Miller. On June 8, 1999, the bill 
passed the House by a vote of 420-0. The Subcommittee on 
Forests and Public Land Management held a hearing on H.R. 150 
and a similar bill, S. 1184, on July 21, 1999. At the business 
meeting on February 10, 2000, the Committee on Energy and 
Natural Resources ordered H.R. 150 reported favorably if 
amended as described herein.

           committee recommendations and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on February 10, 2000, by a voice vote of 
a quorum present recommends that the Senate pass H.R. 150 if 
amended as described herein.

                          committee amendments

    The amendments expands the purposes of the act from 
education purposes, to include education, recreation, and other 
public purposes. In addition, the amendment added the following 
restrictions: The conveyance must serve the public interest, 
and the land if not otherwise needed by the Forest Service; the 
acreage must be reasonable, and not exceed 100 acres in any one 
conveyance; the conveyances would be at a minimal cost, and 
without mineral rights; and the lands would revert back to the 
Forest Serve if they are no longer needed for the purpose of 
this bill.

                      section-by-section analysis

    Section 1 designates the title of the act as the ``National 
Forest Education and Community Purposes Land Act''.
    Section 2 describes the findings of Congress.
    Section 3 provides the definitions used in the Act.
    Section 4(a) authorizes the Secretary of Agriculture to 
dispose of National Forest System land to a state or a 
political division of a state for educational, recreational or 
other purposes if the Secretary determines that certain 
conditions are met:
    Subsection (b) describes the conditions that must be met 
before a parcel can be transferred.
    Subsection (c) requires the Secretary to provide an 
opportunity for public participation.
    Subsection (d) requires the Secretary to notify an 
applicant within 14 days that the application has been 
received. If the parcel is for recreation, educational or other 
public purposes related to emergency services, this subsection 
requires the Secretary to make a determination whether or not 
to convey within 120 days of receipt of the application and 
notify the applicant. If the parcel is for another purpose, 
this subsection states that the Secretary will have 180 days to 
determine whether or not to convey the parcel and notify the 
applicant.
    Subsection (e) requires the consent of other agencies if a 
parcel was withdrawn for them.
    Subsection (f) allows the Secretary to convey lands if the 
uses are compatible with an applicable land management plan, or 
to lease the parcel for up to 25 years if no inconsistent with 
the applicable land and resource management plan. The price 
will be fixed consistent with the Recreation and Public 
Purposes Act.
    Subsection (g) limits a single conveyance to 100 acres 
except when facilities suitable for disposal are involved. This 
subsection requires that size and description be determined by 
a survey paid by the applicant. Paragraph 3 amends the 
Recreation and Public Purposes Act for conveyances of BLM 
lands.
    Subsection (h) reserves mineral rights to the United 
States.
    Subsection (i) requires termination of a lease if the 
parcel is not used for 5 years, or is not used for the intended 
purposes.
    Subsection (j) prohibits transfer of title or change of use 
of a parcel. If such a change occurs, the parcel reverts to the 
United States.
    Subsection (k) authorizes the Secretary, upon application 
by a state or political subdivision of a state, to transfer 
title of the parcel in accordance with subsection (j).
    Subsection (l) requires the Secretary to take certain steps 
if the application requests a parcel for solid waste disposal, 
including coordination with other relevant agencies, additional 
conditionsand limitations, and revisions and liability 
requirements.

                   cost and budgetary considerations

    The Congressional Budget Office estimate the costs of this 
measure as amended has been requested but was not received at 
the time the report was filed. When the report is available, 
the Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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 H.R. 150.
    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 H.R. 150, as ordered reported.

                        executive communications

    On July 21, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on H.R. 150. These reports had 
not been received at the time the report on H.R. 150 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 Paul Brouha, Associate Deputy Chief, Forest Service, 
                       Department of Agriculture

    Mr. Chairman and Members of the subcommittee: Thank you for 
the opportunity to be here today to present the 
Administration's views concerning H.R. 150, ``Education Land 
Grant Act,'' which would authorize the Secretary of Agriculture 
to convey National Forest lands for educational purposes. I am 
accompanied today by James B. Snow, Deputy Assistant General 
Counsel of the Department of Agriculture, who is our legal 
counsel on realty and public land law matters.
    The Administration supports education which is one reason 
why we have proposed increasing payments to states $259 million 
over the next five years.
    The Administration previously commented on H.R. 150 during 
a February 4, 1999 hearing before the House Resources 
Committee, Subcommittee on Forests and Public Lands. We 
appreciate the House Resources Committee's work to address may 
of the Administration's concerns with H.R. 150 as originally 
introduced.
    The Administration does not objects to H.R. 150, but we 
still have several significant problems regarding it. Even 
though the scope of this legislation is limited to applications 
for educational purposes and for lands identified as no longer 
necessary for National Forest purposes we are still concerned 
that: (1) taxpayers will not receive fair market value for 
their assets; (2) the deadline requirement to make the 
conveyance decision within 120 days in inadequate; and (3) 
applications should be limited to only communities surrounded 
by National Forest lands.
    With the issue of fair market value, our concerns are the 
same as those expressed on S. 1184.
    Second, the deadline requirement to make the conveyance 
decision within 120 days in inadequate. We appreciate the 
recognition by the House Resources Subcommittee that the 
original requirement of 60 days was too short. However, 120 
days still does not allow enough time to comply with the 
requirements of other laws and regulations that are necessary 
to make a decision of this magnitude. Decisions about the 
appropriate uses of national Forest lands and resources are 
guided by forest planning under the National Forest Management 
Act (NFMA) and environmental analysis under the National 
Environmental Policy Act (NEPA). Forest land and resource 
management planning is the process by which we identify lands 
for disposal. This process requires extensive public 
involvement and environmental analysis that often involves the 
ten planning steps listed in the NFMA regulations. Once lands 
have been identified and a proponent submits an exchange 
proposal, the environmental analysis process begins. We send 
scoping notices notifying the public of the proposal and allow 
them 30 days to comment. This analysis process involves 
evaluation for threatened and endangered species, cultural 
sites, and other requirements of law. In addition, the public 
is provided extensive opportunities to provide information and 
voice their concerns and perspectives. This public involvement 
requires a minimum of 45 days to comment on a proposal and 30 
days to allow for administrative appeals. Accomplishing all 
these requirements easily exceeds 120 days.
      It is difficult to predetermine an appropriate amount of 
time necessary to complete the environmental analysis. In fact, 
such a limit would only serve to create expectations that the 
agency could not meet and undermine the credibility of its 
public involvement and environmental analysis processes. The 
agency strongly believes that attempts to short circuit 
environmental and public processes will only lead to more 
controversy.
    Third, we would prefer to see the legislation limit 
applications to only communities surrounded by National Forest 
lands. It appears the intent of this legislation is to assist 
communities where private land is not readily available for 
schools.


                                closing


    Mr. Chairman, the Administration supports the general 
objective of making federal lands available for recreation, 
education and other public purposes. However, the 
Administration feels that it has the existing authorities 
necessary to provide this assistance.
    This concludes my statement. I would be happy to answer any 
questions you and Members of the Subcommittee might have.

                        changes in existing law

    In compliance with paragraph 12 of the rule XXVI of the 
Standing rules of the Senate, the Committee notes that no 
changes in existing law are made by H.R. 150, as ordered 
reported.

                                
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