[Senate Report 106-447]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 892
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-447

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             TEXAS NATIONAL FORESTS IMPROVEMENT ACT OF 1999

                                _______
                                

               September 29, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of September 28 
                 (legislative day, September 22), 2000

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4285]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 4285) to authorize the Secretary of 
Agriculture to convey certain administrative sites for National 
Forest System lands in the State of Texas, to convey certain 
National Forest System land to the New Waverly Gulf Coast 
Trades Center, and for other purposes, 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. 4285 is to authorize the Secretary of 
Agriculture to sell certain Forest Service administrative sites 
in the Davy Crockett, Sabine, and Angelina National Forests in 
Texas at fair market value, and to authorize the conveyance of 
approximately 57 acres of National Forest system land, at fair 
market value, to the Waverly Gulf Coast Trades Center.

                          BACKGROUND AND NEED

    H.R. 4285 allows for the sale of Forest Service 
administrative sites for fair market value in the Davy 
Crockett, Sabine and Angelina National Forests in Texas. H.R. 
4285 requires that proceeds from the sale of these lands be 
deposited in the Sisk Act fund (established under Public Law 
90-171) to be used for activities in Texas. H.R. 4285 also 
allows for the conveyance of approximately 57 acres of National 
Forest land, including existing Forest Service structures, at 
fair market value, to the New Waverly Gulf Coast Trades Center. 
The New Waverly Gulf Coast Trades Center is currently using the 
existing Forest Service strictures to train at-risk youth in 
construction related occupations.

                          LEGISLATIVE HISTORY

    H.R. 4285 was introduced on April 13, 2000 by 
Representative Jim Turner. The House passed H.R. 4285 by 
unanimous consent on July 27, 2000. H.R. 4285 was referred to 
the Committee on Energy and Natural Resources on July 27, 2000. 
The Subcommittee on Forests and Public Land Management held a 
hearing on September 13, 2000. At a business meeting on 
September 20, 2000 , the Committee on Energy and Natural 
Resources ordered H.R. 4285 reported favorably without 
amendment.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 20, 2000, by a voice vote of 
a quorum present, recommends that the Senate pass H.R. 4285.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title as the ``Texas National 
Forest Improvement Act of 1999''.
    Section 2(a) gives the Secretary of Agriculture the 
authority to convey, by sale or exchange, nine tracts of land 
described in paragraphs (1)-(9) of the subsection.
    Subsection (b) provides that a recipient of a conveyance 
under subsection (a) may convey to the Secretary other land, 
existing improvements, or improvements constructed to the 
specifications of the Secretary.
    Subsection (c) provides that, except as otherwise provided 
in this section, any conveyance shall be subject to the laws 
and regulations applicable to the conveyance and acquisition of 
land for the National Forest System.
    subsection (d) provides that the Secretary may accept a 
cash equalization payment in excess of 25 percent of the value 
of any parcel exchange under subsection (a).
    Subsection (e) provides that the Secretary may solicit 
offers for conveyance under such terms as the Secretary may 
prescribe, and the Secretary may reject any offer if it is not 
adequate or in the public interest.
    Section (3)(a) authorizes the Secretary of Agriculture to 
convey 57 acres of land within the Sam Houston National Forest 
to the New Waverly Gulf Coast Trades Center.
    Subsection (b) provides the terms of consideration for the 
conveyance.
    Paragraph (b)(1) provides that the Center shall pay fair 
market value for the conveyance established through an 
appraisal acceptable to the Secretary.
    Paragraph (2) specifies that the Center shall pay for the 
appraisal.
    Paragraph (3) specifies alternative time-periods for the 
payment.
    Paragraph (4) provides that any payment due shall accrue 
interest beginning on the date of conveyance.
    Subsection (c) provides that, subject to compliance with 
all Federal environmental laws prior to conveyance, the Center 
shall agree in writing to hold the Federal Government harmless 
from any and all claims on the property.
    Subsection (d) provides that any time before full payment 
is made for the conveyance, it shall be subject to a right of 
reentry if the Secretary determines that: (1) the Center has 
not complied with the requirements of this section, or the 
conditions of the deed of conveyance; or (2) the conveyed land 
is converted to a noneducational or for profit use.
    Subsection (e) provides that, in the event that the Center 
does not contract with the Secretary to acquire the property 
under the terms of this section, the Secretary may dispose of 
the property in the manner provided under section 2.
    Section 4(a) provides that the Secretary shall deposit the 
proceeds from any sale or exchange into the Sisk Act fund.
    Subsection (b) provides that funds deposited under 
subsection (a) shall be available to the Secretary without 
further appropriation for: (1) the acquisition, construction, 
or improvement of administrative facilities for units of the 
National Forest System in Texas; or (2) the acquisition of 
lands or interests in lands in Texas.

                   cost and budgetary considerations

    The Congressional Budget Office (CBO) estimate of the costs 
of this measure has been requested but was not received at the 
time the report was filed. When the report becomes available 
the Chairman will request that they 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. 4285.
    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. 4285, as ordered reported.

                        executive communications

    On September 25, 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 H.R. 4285. These 
reports has not been received at the time the report on H.R. 
4285 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, USDA--Forest Service

    Dear Mr. Chairman and members of the subcommittee, thank 
you for the opportunity to testify today on H.R. 4285, Texas 
National Forests Improvement Act. I am Paul Brouha, Associate 
Deputy Chief for the National Forest System, USDA--Forest 
Service.
    The Administration supports H.R. 4285, a bill authorizing a 
land exchange in the State of Texas.
    H.R. 4285, the Texas National Forests Improvement Act, 
would allow for the sale of Forest Service administrative sites 
and would allow the proceeds to be deposited in a Sisk Act 
account for use in the purchase of other lands or the 
construction of new facilities for the Forest Service within 
the State of Texas. The bill also would allow for the 
conveyance of a parcel of National Forest System land to the 
New Waverly Gulf Coast Trade Center. The conveyance would be at 
fair market value. The bill allows for installment payments for 
the purchase of the land, would require interest payments on 
the unpaid balance, and requires the Trades Center to pay for 
the appraisal costs associated with the conveyance. The 
Administration supports this bill.
    This concludes my written testimony. I would be happy 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 H.R. 4285, as ordered 
reported.

                                  
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