[Senate Report 108-271]
[From the U.S. Government Publishing Office]
Calendar No. 526
108th Congress Report
SENATE
2d Session 108-271
======================================================================
CRAIG RECREATION LAND PURCHASE ACT
_______
May 20, 2004.--Ordered to be printed
_______
Mr. Domenici, 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 authorize a land conveyance
between the United States and the City of Craig, Alaska, and
for other purposes, 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. SHORT TITLE.
This Act may be cited as the ``Craig Recreation Land Purchase Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Craig, Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. CONVEYANCE TO SECRETARY OF AGRICULTURE.
(a) In General.--If, not later than 180 days after the date on which
the City receives a copy of the appraisal conducted under subsection
(c), the City offers to convey to the Secretary all right, title, and
interest of the City in and to the parcels of non-Federal land
described in subsection (b), the Secretary, subject to the availability
of appropriations, shall--
(1) accept the offer; and
(2) on conveyance of the land to the Secretary, pay to the
City an amount equal to the appraised value of the land, as
determined under subsection (c).
(b) Description of Land.--The non-Federal land referred to in
subsection (a) consists of--
(1) the municipal land identified on the map entitled
``Informational Map, Sunnahae Trail and Recreation Parcel and
Craig Cannery Property'' and dated August 2003;
(2) lots 1 and 1A, Block 11-A, as identified on the City of
Craig Subdivision Plat, Craig Tideland Addition, Patent # 155
(Inst. 69-982, Ketchikan Recording Office), dated April 21,
2004, consisting of approximately 22,353 square feet of land;
and
(3) the portion of Beach Road eastward of a projected line
between the southwest corner of lot 1, Block 11, USS 1430 and
the northwest corner of lot 1, Block 11-A, as identified on the
City of Craig Subdivision Plat, Craig Tideland Addition, Patent
# 155 (Inst. 69-982, Ketchikan Recording Office), dated April
21, 2004, consisting of approximately 4,700 square feet of
land.
(c) Appraisals.--
(1) In general.--Before conveying the land under subsection
(a), the Secretary shall--
(A) conduct an appraisal of the land, in accordance
with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions;
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(iii) Forest Service Appraisal Directives;
and
(B) submit to the City a copy of the appraisal.
(2) Payment of costs.--
(A) City.--The City shall pay the costs of appraising
the land described in subsection (b)(1).
(B) Secretary.--The Secretary shall pay the costs of
appraising the land described in paragraphs (2) and (3)
of subsection (b).
(d) Management.--Any land acquired under subsection (a) shall be--
(1) included in the Tongass National Forest; and
(2) administered by the Secretary in accordance with the laws
(including regulations) and forest plan applicable to the
Tongass National Forest.
SEC. 4. ACQUISITION OF LAND BY THE CITY OF CRAIG.
The amount received by the City under section 3(a)(2) shall be used
by the City to acquire the Craig cannery property, as depicted on the
map entitled ``Informational Map, Sunnahae Trail and Recreation Parcel
and Craig Cannery Property'' and dated August 2003.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Forest Service for the reconstruction of the
Sunnahae Trail, $250,000; and
(2) such sums as are necessary to carry out this Act.
PURPOSE OF THE MEASURE
The purpose of S. 1778 is to authorize a land conveyance
between the United States and the City of Craig, Alaska.
BACKGROUND AND NEED
S. 1778 authorizes the Secretary of Agriculture to acquire
approximately 350 acres of land from the City of Craig, Alaska
for addition to the Tongass National Forest. It further
authorizes the Secretary to pay to the City of Craig, subject
to the availability of appropriated funds, the appraised value
of the land, which the Committee believes will be around $2
million. The land in question is known as the ``Sunnahae Trail
and Recreation Parcel'' and consists of a recreational trail,
trailhead, and mountaintop property.
The will use the proceeds from the sale of the Sunnahae
Trail and Recreation Parcel to acquire approximately 10 acres
in downtown Craig, known as the ``Craig Cannery Property'' from
the Wards Cove Packing Company. The plans to use the Cannery
Property to expand its harbor and for commercial development.
The City of Craig is located on Prince of Wales Island in
southeastern Alaska. The economy of Prince of Wales Island has
suffered in recent years with the loss of jobs in the timber
industry. Unemployment in the area has reached seasonal highs
of between 19 and 25 percent in the past decade.
Enactment of S. 1778 will enable the U.S. Forest Service to
acquire a recreational trail and two lots adjacent to their
administrative site in Craig and, at the same time, help the
City of Craig acquire a valuable industrial site for commercial
redevelopment. The entire transaction will be subject to
Federal appraisal standards, will take place only on a willing-
seller basis, and will be subject to the availability of
appropriated funds. The Committee believes the transaction is
in the public interest.
LEGISLATIVE HISTORY
S. 1778 was introduced by Senator Lisa Murkowski on October
23, 2003. Senator Stevens is a cosponsor. The Subcommittee on
Public Lands and Forests held a hearing on March 10, 2004. At
its business meeting on April 28, 2004, the Committee ordered
S. 1778 favorably reported, with an amendment in the nature of
a substitute.
In the 107th Congress, a similar measure (S. 3003) was
introduced by Senators Frank Murkowski and Stevens on September
25, 2002, and was favorably reported by the Committee on
October 8, 2002, without amendment. It was placed on the Senate
Legislative Calendar, but no further action occurred in the
107th Congress.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on April 27, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1778, if amended as described herein.
COMMITTEE AMENDMENT
The joint staff amendment in the nature of a substitute
added lots currently owned by the City of Craig, Alaska, that
the City of Craig will convey to the Tongass National Forest
and clarifies which parties will pay for the surveys and
appraisals of each parcel of land involved in the conveyance.
Further, it makes technical corrections to map references.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the measure the ``Craig Recreation Land
Purchase Act''.
Section 2 defines terms used in the bill.
Section 3 directs the Secretary of Agriculture to accept
title and all rights to the Sunnahae Trail and Recreation
Parcel if offered within 180 days after the date the City of
Craig receives the appraisal conducted pursuant to section
3(c), and if appropriated funds are made available.
Subsection (c) directs the Secretary of Agriculture to
conduct an appraisal of the Sunnahae Trail and Recreation
Parcel that conforms with the Uniform Appraisal Standards for
Federal Land Acquisitions, among other things.
Subsection (d) directs that lands received by the Secretary
shall be included in the Tongass National Forest and managed in
accordance with the laws, regulations, and forest plan
applicable to the Tongass National Forest.
Section 4 requires the City of Craig to use the funds
received for the Sunnahae Trail and Recreation Parcel to
purchase the Craig Cannery property.
Section 5 authorizes appropriations, including $250,000 for
the reconstruction of the Sunnahae Trail.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to 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 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.
EXECUTIVE COMMUNICATIONS
On March 10, 2004, 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 views 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 (agency) at the Subcommittee
hearing follows:
Statement of Mark Rey, Under Secretary, Natural Resources and
Environment, United States Department of Agriculture
Mr. Chairman:
* * * * * * *
S. 1778--Craig Recreation Land Purchase Act
The Department would have no objection to the enactment of
S. 1778 if all the following concerns are addressed.
S. 1778 would require the Secretary of Agriculture to
purchase, at appraised value, the ``Sunnahae Trail and
Recreation Parcel'' described in Sec. 2, as an addition to the
Tongass National Forest. The funds received by the City of
Craig under S. 1778 would be used by the to purchase the
``Wards Cove Property'' described in Sec. 3, for local economic
development.
We support the City of Craig's interest in economic
development opportunities. The City of Craig is surrounded by
ANCSA corporate land, and has a limited taxable land base.
Craig anchors the nine smaller towns and villages on Prince of
Wales Island, and the economic stability of Craig is critical
to the economy of the island as a whole.
We do note that acquisition of the ``Sunnahae Trail''
parcel will present significant challenges for its
administration as a component of the National Forest System.
The parcel is small, isolated from other federal lands, and
encumbered by outstanding mineral rights. We would like to work
with the Committee and the City of Craig to investigate other
options that address mutual interests. For example, the City of
Craig holds beach lots adjacent to the Craig Ranger District
compound, which might be more appropriate for sale to the
United States.
The ``Sunnahae Trail'' parcel includes about 350 acres of
trail, trailhead, and mountaintop property surrounded by
private land. Much of the parcel is a narrow strip on either
side of a trail in need of extensive reconstruction.
Surrounding lands are owned by Shan Seet, an ANCSA Corporation,
and have been extensively logged. The City of Craig owns only
the surface estate; the subsurface estate is owned by Sealaska
Corporation.
S. 1778 would directly authorize appropriation of $250,000
to the Forest Service for reconstruction of the Sunnahae Trail.
Reconstruction of the trail would cost far more. Section 2
would require the Secretary to purchase the Sunnahae Trail
parcel, at appraised value. Without a current appraisal, we do
not know how much this would cost, but a total cost to the
government of more than one million dollars is possible. This
purchase and reconstruction would limit the flexibility of the
Forest Service to address other priority needs throughout the
full length of the trails under its administration. This
flexibility is essential to protecting and enhancing the
Nation's comprehensive interstate network of trails that
provide a wide variety of experiences, resources, and services
for all types of trail users.
We also note that proper reconstruction of the Sunnahae
Trail to avoid steep slopes and minimize environmental impacts
would follow a different alignment. The parcel to be conveyed
under S. 1778 follows the existing alignment.
* * * * * * *
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 the bill S. 1778, as
ordered reported.