[Senate Report 106-271]
[From the U.S. Government Publishing Office]
Calendar No. 508
106th Congress Report
SENATE
2d Session 106-271
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EXCHANGES OF LAND AROUND THE CASCADE RESERVOIR
_______
April 13, 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 S. 1778]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1778) to provide for equal exchanges of
land around the Cascade Reservoir, 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. EXCHANGES OF LAND EXCESS TO CASCADE RESERVOIR RECLAMATION
PROJECT.
Section 5 of Public Law 86-92 (73 Stat. 219) is amended by striking
subsection (b) and inserting the following:
``(b) Land Exchanges.--
``(1) In general.--The Secretary may exchange land of either
class described in subsection (a) for non-Federal land of not
less than approximately equal value, as determined by an
appraisal carried out in accordance with--
``(A) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.); and
``(B) the publication entitled Uniform Appraisal
Standards for Federal Land Acquisitions' as amended by
the Interagency Land Acquisition Conference in
consultation with the Department of Justice.
``(2) Equalization.--If the land exchange under paragraph (1)
is not of equal value, the values shall be equalized by the
payment of funds by the Secretary or the grantor, as
appropriate, in an amount equal to the amount by which the
values of the land differ.''.
Purpose of the Measure
The purpose of S. 1778, to provide for equal exchanges of
land around the Cascade Reservoir, Idaho.
Background and Need
Public Law 86-92, approved July 17, 1959, prohibits the
Bureau of Reclamation (BOR) from exchanging land within 300
feet of Cascade Reservoir in Idaho. While private property does
not exist within 300 feet of the Reservoir, several
agricultural easements were reserved by landowners within that
zone at the time BOR acquired lands for the reservoir. To
ensure that ranching activities do not conflict with BOR's
management of the reservoir, S. 1778 authorizes BOR to enter
into land exchange with these operators for their rights at, or
near, the water's edge. S. 1778 provides BOR with the legal
authority necessary for more efficient management and better
environmental protection of the reservoir.
Legislative History
S. 1778 was introduced by Senators Craig and Crapo on
October 25, 1999. The Subcommittee on Forests and Public Land
Management held a hearing on S. 1778 on March 29, 2000. At the
business meeting on April 5, 2000, the Committee on Energy and
Natural Resources ordered S. 1778 favorably reported, with an
amendment in the nature of a substitute.
Committee Recommendation and Tabulations of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on April 5, 2000, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1778, if amended as described herein.
Committee Amendment
During the considerations of S. 1778, the Committee adopted
an amendment in the nature of a substitute. The amendment
addresses concerns raised by the administration about the
appropriate authority to be used by the BOR for the exchange.
Section-by-Section Analysis
Section 1 amends section 5 of Public Law 86-92 (73 Stat.
219), An Act to add certain lands located in Idaho to the Boise
and Payette National Forest, to authorized the Secretary of the
Interior to enter into equal value land exchanges around the
Cascade Reservoir in accordance with the Uniform Relocation
Assistance and Real Property Acquisitions Policies Act of 1970.
The bill authorizes cash payments to equalize the values of
lands to be exchanged, if necessary.
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, April 12, 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 S. 1778, a bill to
provide for equal exchanges of land around the Cascade
Reservoir.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1778--A bill to provide for equal exchanges of land around the
Cascade Reservoir
CBO estimates that enacting S. 1778 would have no
significant impact on the federal budget. The bill could affect
direct spending; thus, pay-as-you-go procedures would apply,
but we expect any such impact to be insignificant over the
2000-2005 period. S. 1778 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would have no significant effect on the budgets
on state, local, or tribal governments.
S. 1778 would amend current law to allow the Secretary of
the Interior or negotiate exchanges of land of approximately
equal value around the Cascade Reservoir in Idaho. According to
the Bureau of Reclamation, the lands that would be exchanged
under the bill have already been identified to be in excess of
the needs of the reservoir. Those lands do not currently
generate any significant receipts, and the agency does not
expect them to generate any significant receipts over the next
10 years. If lands exchanged under S. 1778 are not of equal
value, the bill would require either the federal government or
the grantor to make a case payment equal to the difference.
Based on information from the Bureau of Reclamation, CBO
estimates that any such payments would be insignificant.
The CBO staff contact is Megan Carroll. 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. 1778.
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. 1778, as ordered reported.
Executive Communications
On April 5, 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 S. 1778. These
reports had not been received at the time the report on S. 1778
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 Reclamation at the Subcommittee hearing follows:
Statement of Eluid L. Martinez, Commissioner, Bureau of Reclamation,
Department of the Interior
I appreciate the opportunity to testify on S. 1778, a bill
concerning land exchanges at Cascade Reservoir in Idaho. I am
Eluid Martinez, Commissioner of the Bureau of Reclamation
(Reclamation). S. 1778 would amend the Act of July 17, 1959
[Public Law 86-92, 73 Stat. 218] (Act) to enable Reclamation to
negotiate land exchanges among willing sellers and willing
buyers at Cascade Reservoir in Idaho. The Administration
supports S. 1778 if amended to reflect the technical concern
described below.
Current law (Section 5(b) of the Act) authorizes the Bureau
of Reclamation to exchange Federal lands at Cascade Reservoir
which are no longer necessary for project purposes. This
authority, however, is restricted to acquiring lands within 300
feet of the high water line and outside the extended boundaries
of the Boise and Payette National Forests.
For many years, Reclamation has attempted to acquire
privately-held agricultural easements located on Federal lands
on or near the shoreline. These easements were reserved by
landowners at the time Reclamation acquired lands for the
reservoir and project at Cascade Reservoir. These acquisitions
allow Reclamation to better manage the shoreline. Exchanges
proposed in the 1991 Cascade Resource Management Plan have been
pursued, but the 300-foot restriction has limited negotiations.
In some areas, the desirable agricultural easements and surplus
Federal lands extend over half a mile from the shoreline. There
are currently 27 private agricultural easements encumbering
approximately 1,800 acres of Federal land.
Modification of Section 5(b) of the Act, as proposed by S.
1778, could allow Reclamation to reactivate a number of pending
land exchange cases stalled by the 300-foot limitation.
Completion of these and other land exchanges would enable
Reclamation to better manage the Cascade project area.
While Reclamation supports the intent to the bill to move
the land exchange process forward, we recommend a technical
amendment to the bill's language on appraisals. Unlike the
Bureau of Land Management (BLM), whose on-going land exchange
program is authorized by Sec. 206 of the Federal Land Policy
and Management Act of 1976 (FLPMA), Reclamation does few land
exchanges, only as authorized by location-specific legislation.
Reclamation is experienced, however, in preparing appraisals
for land acquisitions, consistent with the ``Uniform Appraisal
Standards for Federal Land Acquisitions.'' These appraisal
standards are used by 19 federal agencies, including
Reclamation. Even FLPMA refers to the ``Uniform Appraisal
Standards'' in Sec. 206(f)(2).
This bill, however, would require Reclamation to do its
appraisals under FLPMA's requirements for binding arbitration
in the event the parties do not agree on the appraisal. For
land exchanges at Cascade Reservoir, Reclamation seeks
authority to do only voluntary exchanges between willing buyers
and willing sellers--if the parties disagree on the appraisal,
neither is compelled to go forward. We would prefer not to be
bound by the binding arbitration provisions for appraisals in
Sec. 206(d) of FLPMA.
We therefore request that S. 1778 be amended to delete the
reference to appraisals under FLPMA, and to authorize
Reclamation to conduct the appraisals instead in accordance
with the ``Uniform Appraisal Standards for Federal Land
Acquisitions.'' We would appreciate the opportunity to work
with the Subcommittee on such a technical and clarifying
amendment.
This concludes my testimony. I would be glad to answer any
questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1778, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
AN ACT To Add Certain Lands Located in Idaho to the Boise and Payette
National Forests
* * * * * * *
Sec. 5. (a) * * *
[(b) The Secretary of Agriculture shall make available,
from the lands referred to in the foregoing sections of this
Act, to the Bureau of Reclamation of the Department of
Interior, such lands as the Secretary of the Interior finds are
needed in connection with the Cascade Reservoir reclamation
project.]
(b) Land Exchanges.--
(1) In general.--The Secretary may exchange land of
either class described in subsection (a) for non-
Federal land of not less than approximately equal
value, as determined by an appraisal in accordance
with--
(A) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.); and
(B) the publication entitled `Uniform
Appraisal Standards for Federal Land
Acquisition', as amended by the Interagency
Land Acquisition Conference in consultation
with the Department of Justice.
(2) Equalization.--If the land exchanged under
paragraph (1) are not of equal value, the values shall
be equalized by the payment of funds by the Secretary
grantor, as appropriate, in an amount equal to the
amount by which the values of the land differ.
* * * * * * *