[Senate Report 108-304]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 628
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-304

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   EDWARD H. MCDANIEL AMERICAN LEGION POST NO. 22 LAND CONVEYANCE ACT

                                _______
                                

                 July 13, 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. 1521]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1521) to direct the Secretary of the 
Interior to convey certain land to the Edward H. McDaniel 
American Legion Post No. 22 in Pahrump, Nevada, for the 
construction of a post building and memorial park for use by 
the American Legion, other veterans' groups, and the local 
community, 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, strike line 1 and all that follows through 
page 3, line 7, and insert the following:

``SEC. 2. DEFINITIONS.''

    2. On page 3, strike lines 15 and 16 and insert the 
following:

``SEC. 3. CONVEYANCE OF LAND TO EDWARD H. MCDANIEL AMERICAN LEGION POST 
                    NO. 22.''

    3. On page 3, line 18, strike ``120'' and insert ``180''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 1521 is to direct the Secretary of the 
Interior to convey approximately 4.5 acres of land to the 
Edward H. McDaniel American Legion Post No. 22 in Pahrump, 
Nevada, for the construction of a post building and memorial 
park for use by the American Legion, other veterans' groups, 
and the local community.

                          BACKGROUND AND NEED

    The existing facility used by veterans in Pahrump was built 
by the Veterans of Foreign Wars in the 1960s. It is inadequate 
for the veterans' current needs. The nearest facility that can 
accommodate their needs is located in Las Vegas, more than 60 
miles away. S. 1521 will provide land necessary for the Pahrump 
American Legion to build new facilities that will benefit local 
veterans and community activities. S. 1521 directs the 
Secretary of the Interior to convey approximately 4.5 acres to 
American Legion ``Edward H McDaniel'' Post No. 22 in Pahrump 
without consideration.

                          LEGISLATIVE HISTORY

    S. 1521 was introduced by Senators Reid and Ensign on July 
31, 2003. The Subcommittee on Public Lands and Forests held a 
hearing on S. 1521 on May 5, 2004. At the business meeting on 
June 16, 2004, the Committee on Energy and Natural Resources 
ordered S. 1521, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on June 16, 2004, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 1521, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 1521, the Committee adopted 
an amendment that eliminates the Congressional findings and 
increases the timeframe for completing the conveyance from 120 
days to 180 days.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title.
    Section 2 defines key terms used in the bill.
    Section 3 provides for the conveyance of 4.5 acres of land 
in Pahrump, Nevada, and makes the conveyance subject to 
requirements on the use of the land or, unless waived by the 
Secretary, the parcel will revert to the United States.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 21, 2004.
Hon. Pete V. Domenici,
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. 1521, the Edward H. 
McDaniel American Legion Post No. 22 Land Conveyance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 1521--Edward H. McDaniel American Legion Post No. 22 Land Conveyance 
        Act

    S. 1521 would direct the Secretary of the Interior to 
convey, for no consideration, 4.5 acres of land in Nye County, 
Nevada, to the Edward H. McDaniel American Legion Post. The 
bill specifies that the group must use the land only to 
construct and operate facilities for use by the American 
Legion, other veterans groups, or the local community. Under 
the bill, if that condition is not met, ownership of the land 
would revert to the federal government.
    According to the Bureau of Land Management, the property to 
be conveyed currently generates no significant receipts and is 
not expected to do so over the next 10 years. Hence, we 
estimate that conveying it would not affect offsetting receipts 
(a credit against direct spending). We also estimate that the 
agency's administrative costs to complete the proposed 
conveyance would be negligible, assuming the availability of 
appropriated funds. Enacting S. 1521 would not affect revenues.
    S. 1521 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 CBO staff contact for this estimate 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. 1521. 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. 1521, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On, May 3, 2004, 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. 1521. These 
reports had not been received at the time the report on S. 1521 
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 Land Management at the Subcommittee hearing follows:

Statement of Bob Anderson, Deputy Assistant Director, Minerals, Realty 
           and Resource Protection Bureau of Land Management

    Thank you for inviting me to testify.
    The Administration supports the goals of S. 1521, but would 
like to work with the Committee to address certain concerns and 
clarify technical issues.
    First, the tract to be conveyed under S. 1521 has not been 
identified for disposal under the current land use plan, which 
was adopted in 1998. The BLM would like to work with the 
Committee and the American Legion Post No. 22 to identify an 
alternate site within the over 9,300 acres of public lands in 
the area currently identified as suitable for disposal in the 
current land use plan.
    Second, the legislation directs the Secretary of the 
Interior to transfer the lands identified within 120 days. This 
requirement results in time concerns relative to the BLM's 
ability to fulfill certain requirements associated with the 
land conveyance, which include, among others, conducting a 
cadastral survey and performing hazardous substances and 
cultural resources clearances. This is in addition to the 
ability to fulfill requirements under the National 
Environmental Policy Act (NEPA). Selection of alternate lands 
that are currently identified for disposal in the land use plan 
could help alleviate the conflict created between the time 
limitation and the requirement to comply with applicable 
Federal laws, although more time may still be needed.
    Third, the Administration requests an addition to the 
reversionary clause to provide for the sale of these lands by 
the transferee, with the sale proceeds going to the Federal 
government, as an alternative to reversion. This would protect 
taxpayers from assuming potential liabilities that might arise 
by giving the Federal government discretion regarding the 
reversion.
    Finally, the BLM, as a matter of practice, receives fair 
market value for land being transferred out of public 
ownership. For conveyances to non-governmental entities that 
qualify under the Recreation and Public Purposes Act, the 
United States receives 50 percent of fair market value. We 
would like to work with the Committee to address these concerns 
so that the necessary work can be completed and public notice 
and participation can occur.

                        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. 1521, as 
ordered reported.

                                  
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