[Senate Report 106-375]
[From the U.S. Government Publishing Office]
Calendar No. 753
106th Congress Report
SENATE
2d Session 106-375
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JOE ROWELL PARK
_______
August 25, 2000.--Ordered to be printed
Filed under authority of the order of the Senate of July 26, 2000
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1972]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1972) to direct the Secretary of
Agriculture to convey to the town of Dolores, Colorado, the
current site of the Joe Rowell Park, having considered the
same, reports favorably thereon with amendments and recommends
that the bill, as amended, do pass.
The amendments are as follows:
1. On page 2, line 6 and 7; Strike: ``in section 16 (Map
1), township 37 north, range 15 west, NMPM, Dolores,
Colorado.'' and insert in lieu the following: ``depicted on the
map entitled ``Joe Rowell Park,'' dated July 12, 2000.''
2. Insert at the end of the bill a new subsection (d) as
follows: ``(d) The map referenced in subsection (b)(1) shall be
on file for public inspection in the Office of the Chief of the
Forest Service at the Department of Agriculture in Washington,
DC.''.
purpose of the measure
The purpose of S. 1972 is to direct the Secretary of
Agriculture to convey to the town of Dolores, Colorado, the
current site of the Joe Rowell Park.
background and need
The parcel to be conveyed by S. 1972 was originally
privately owned, and was acquired by the Bureau of Reclamation
for flood protection. The parcel was subsequently used for
recreation purposes and transferred to the Forest Service. The
Forest Service issued a permit to the town of Dolores to
operate the park and make improvements on the parcel.
The park is surrounded by town and private lands.
Conveyance to the town of Dolores will facilitate the addition
of further improvements, and eliminate time-consuming
requirements for routine upgrades of the existing features of
the park. In addition, the parcel is not contiguous to National
Forest lands.
legislative history
S. 1972 was referred to the Committee on Energy and Natural
Resources on November 19, 1999. The Subcommittee on Forests and
Public Land Management held a hearing on S. 1972 on June 8,
2000. At the business meeting on July 13, 2000, the Committee
on Energy and Natural Resources ordered S. 1972 reported
favorably with an amendment.
committee recommendation and tabulation of votes
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2000, by a voice vote of a
quorum present recommends that the Senate pass S. 1972 if
amended as described herein.
committee amendments
During the consideration of S. 1972, the Committee adopted
two amendments that replace the reference to a legal
description with a reference to a map of the parcel to be
conveyed.
section-by-section analysis
Section (1)(a) requires the Secretary of Agriculture to
convey, for no consideration, the parcel described in
subsection (b).
Subsection (b) describes the property and refers to the map
that depicts the parcel. The subsection also requires a survey
of the property, the cost of which will be paid for by the town
of Dolores.
Subsection (c) requires the reversion of the property to
the United States if the town of Dolores attempts to transfer
title, encumber the property, or permit a use other than as a
park.
Subsection (d) requires that the map referenced in
subsection (b) will be on file for public inspection in
Washington, D.C. in the Chief of the Forest Service's office.
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 July 20, 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. 1972, a bill to
direct the Secretary of Agriculture to convey to the town of
Dolores, Colorado, the current site of the Joe Rowell Park.
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. 1972--A bill to direct the Secretary of Agriculture to convey to the
town of Dolores, Colorado, the current site of the Joe Rowell
Park
CBO estimates that enacting S. 1972 would have no
significant impact on the federal budget. The bill would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
S. 1972 would direct the Secretary of Agriculture to convey
25 acres of federal land to the town of Dolores, Colorado. That
town currently operates a town park on those lands under a
special use permit from the Forest Service. According to the
Forest Service, the lands currently generate no significant
receipts, and the agency does not expect them to generate
significant receipts in the future. S. 1972 would require the
town to pay for a survey of the land before it could be
conveyed. CBO estimated that any administrative costs incurred
by the Forest Service to complete the conveyance would be
insignificant.
S. 1972 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. The town of Dolores, Colorado,
would benefit not only because it could acquire the Joe Rowell
site at almost no cost, but also because it would be able to
make improvements to the park without seeking approval form the
U.S. Forest Service.
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. 1972.
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. 1972, as ordered reported.
Executive Communications
On July 13, 2000 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. 1972. These
reports had not been received at the time the report on S. 1972
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 Jack Craven, Director of Lands, Forest Service, United
States Department of Agriculture
Mr. Chairman and members of the subcommittee; thank you for
the opportunity to present the administration's views
concerning S. 1972, a bill to direct the Secretary of
Agriculture to convey to the town of Dolores, Colorado, the
current site of the Joe Rowell Park. We would not object to
this bill if it is amended as suggested.
This bill would convey approximately 25 acres of national
forest system land to the town of Dolores, Colorado. The land
is currently under special use permit to the town for use as a
park. If the bill were amended to provide for fair market value
in consideration for the conveyance, the Administration would
not object to the bill.
This concludes my testimony. I would be glad 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 S. 1972, as ordered
reported.