[Senate Report 106-242]
[From the U.S. Government Publishing Office]
Calendar No. 458
106th Congress Report
SENATE
2d Session 106-242
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RED CLIFFS DESERT RESERVE
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March 9, 2000.--Ordered to be printed
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Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2863]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2863) to clarify the legal effect on the
United States of the acquisition of a parcel of land in the Red
Cliffs Desert Reserve in the State of Utah, having considered
the same, reports favorably thereon without amendment and
recommends that the Act do pass.
purpose of the measure
The purpose of H.R. 2863 is to clarify the legal effect on
the United States of the acquisition a parcel of land in the
Red Cliffs Desert Reserve in the State of Utah.
background and need
The parcel of land described in H.R. 2863 was once used as
a landfill by the city of St. George, Utah. The parcel is part
of a proposed land exchange. When exchanged with the Bureau of
Land Management (BLM), the land will be used as part of a
habitat conservation plan for the desert tortoise in Washington
County, Utah. The bill will protect the United States from any
potential liability from any unknown materials that may be in
the landfill by leaving that liability in the hands of the
city.
legislative history
H.R. 2863 passed the House of Representatives on November
16, 1999 and was referred to the Committee on Energy and
Natural Resources on November 19, 1999. The Committee held a
hearing on H.R. 2863 on February 10, 2000. At the business
meeting on February 23, 2000, the Committee on Energy and
Natural Resources ordered H.R. 2863 reported favorably without
amendment.
committee recommendations and tabulation of votes
The Senate Committee on Energy and Natural Resources, in
open business session on February 23, 2000, by a voice vote of
a quorum present recommends that the Senate pass H.R. 2863.
section-by-section analysis
Section 1(a) requires that the land described in subsection
(b) conveyed from the city of St. George, Utah, shall convey no
liability to the United States, other than preexisting
liabilities.
Subsectiion (b) describes the land conveyed.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office (CBO) estimate of the costs
of this measure follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 29, 2000.
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 H.R. 2863, an act to
clarify the legal effect on the United States of the
acquisition of a parcel of land in the Red Cliffs Desert
Reserve in the state of Utah.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen).
Enclosure.
congressional budget office cost estimate
H.R. 2864--An act to clarify the legal effect on the United States of
the acquisition of a parcel of land in the Red Cliffs Desert
Reserve in the state of Utah
CBO estimates that enacting H.R. 2863 would have no impact
on the federal budget. The act would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply. H.R. 2863 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
H.R. 2863 would provide that the transfer or about 15 acres
of land in Washington County, Utah, to the United States would
impose no liability on the federal government that does not
exist before transfer. The property to be transferred, within
the Red Cliffs Desert Reserve, was formerly used as a landfill.
Enacting this legislation would ensure that the government does
not assume additional liability as a result of the transfer and
would have no effect on the federal budget.
The CBO staff contact is Deborah Reis. 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 H.R. 2863.
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. 2863, as ordered reported.
executive communications
On February 23, 2000 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 H.R. 2863. These
reports had not been received at the time the report on H.R.
2863 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 provide by the
Bureau of Land Management at the House Subcommittee hearing
follows:
Statement of Henri Bisson, Assistant Director, Bureau of Land
Management
Mr. Chairman, members of the subcommittee, I appreciate the
opportunity to appear before you today to testify on S. 1664, a
bill to clarify the legal effect on the United States of the
acquisition of a parcel of land in the Red Cliffs Desert
Reserve in the State of Utah, and its companion bill in the
House, H.R. 2863. These land transaction bills involve two
separate exchanges resulting in change of title on a total of
139 acres.
These bills would support the implementation of the Red
Cliffs Desert Reserve which was created in February of 1996
near the City of St. George, Utah when the US Fish and Wildlife
Service issued a permit to Washington County, Utah under
section 10(a) of the Endangered Species Act. The permit
approved the Washington County Habitat Conservation Plan (HCP)
which calls for long-term management of approximately 61,000
acres within a reserve to be set aside for the protection and
recovery of the federally listed Desert Tortoise. The HCP was
developed by a steering committee comprised of local residents,
businesses, interest groups and local, state and Federal
government representatives.
S. 1664 and H.R. 2863 involve 15 acres of land owned by the
City of St. George. The lands lie within the boundary of the
Red Cliffs Desert Reserve which was established under the
provisions of the Washington County Habitat Conservation Plan
(HCP) for the protection and recovery of the threatened Desert
Tortoise and other listed species. BLM has entered into an
exchange agreement with the city to acquire the property in
accordance with the HCP. BLM desires to complete the exchange
to further the objectives of the HCP by consolidating non-
federal lands in an area at risk from urban development and
increasing land values. The site is located in the area of the
highest tortoise concentrations. The property was formerly used
as a landfill site by St. George City but has been retired for
the past 15 years. BLM would offer in exchange a 26-acre parcel
outside of the Reserve currently used as a water treatment
plant by St. George City under a right-of-way from BLM. The
city would make an equalization payment to the United States of
$12,000 to balance the respective values. As part of the
exchange processing, BLM required the city to contract for a
pre-acquisition site assessment and to complete site
restoration including removal of all surface debris and the
establishment of adequate cover. The site assessment found no
evidence of hazardous materials and concluded that
environmental risk was minima. Restoration has been completed
to federal and state standards and the site is ready for
transfer. Provisions of this bill would ensure that no
liability accrues to the United States as a result of the
exchange. BLM supports the bill as does the Fish and Wildlife
Service and local and state agencies involved in management of
the HCP.
conclusion
The BLM and the local communities and governments support
these bills to further the species recovery goals of the
Washington County HCP.
changes in existing law
In compliance with paragraph 12 of rule XXII of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by H.R. 2863, as ordered
reported.