[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.