[Senate Report 108-324]
[From the U.S. Government Publishing Office]
Calendar No. 680
108th Congress Report
SENATE
2d Session 108-324
======================================================================
BEAVER COUNTY, UTAH, REAL PROPERTY CONVEYANCE
_______
August 25, 2004.--Ordered to be printed
Filed, under authority of the order of the Senate of July 22, 2004
_______
Mr. Domenici, from the Committee on Energy and Natural Resources
submitted the following
R E P O R T
[To accompany S. 2285]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2285) to direct the Secretary of the
Interior to convey a parcel of real property to Beaver County,
Utah, 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. CONVEYANCE TO BEAVER COUNTY, UTAH.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall, without consideration
and subject to valid existing rights, convey to Beaver County, Utah
(referred to in this Act as the ``County''), all right, title, and
interest of the United States in and to the approximately 200 acres
depicted as ``Minersville State Park'' on the map entitled ``S. 2285,
Minersville State Park'' and dated April 30, 2004, for use for public
recreation.
(b) Reconveyance by Beaver County.--
(1) In general.--Notwithstanding subsection (a), Beaver
County may sell, for not less than fair market value, a portion
of the property conveyed to the County under this section, if
the proceeds of such sale are used by the County solely for
maintenance of public recreation facilities located on the
remainder of the property conveyed to the County under this
section.
(2) Limitation.--If the County does not comply with the
requirements of paragraph (1) in the conveyance of the property
under that paragraph--
(A) the County shall pay to the United States the
proceeds of the conveyance; and
(B) the Secretary of the Interior may require that
all property conveyed under subsection (a) (other than
the property sold by the County under paragraph (1))
revert to the United States.
PURPOSE OF THE MEASURE
S. 2285 directs the Secretary of the Interior to convey
approximately 200 acres to Beaver County, Utah, to be used for
public recreation purposes.
BACKGROUND AND NEED
In 1961, Beaver County, Utah obtained a lease for 207 acres
of land from the Bureau of Land Management to develop a
recreational site under the Recreation and Public Purposes Act.
In 1963, the lease was transferred to the State of Utah, which
developed and managed the site as the Minersville Reservoir
State Park. To reduce costs, the State transferred control back
to Beaver County in 2002. The County wants to sell some of the
property in order to generate revenue to maintain the park. S.
2285 would convey the site to Beaver county and provide
authority to sell some of the land to pay for park maintenance.
LEGISLATIVE HISTORY
S. 2285 was introduced by Senators Hatch and Bennett on
April 6, 2004. The Subcommittee on Public Lands and Forests
held a hearing on the bill on May 5, 2004. At the business
meeting on July 4, 2004, the Committee on Energy and Natural
Resources ordered S. 2285, as amended, favorably reported.
COMMITTE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 14, 2004, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 2285, if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 2285, the Committee adopted
an amendment in the nature of a substitute. The substitute
directs the Secretary of the Interior to convey certain Federal
lands to Beaver County, Utah, that have been used under lease
as a State Park. It also authorizes the sale of a portion of
the land on the condition the revenue is used to cover the cost
of maintenance of the park. If that condition is not met, the
amendment provides that the lands, at the option of the
Secretary, may revert to the United States and the County must
reimburse the Federal Government the proceeds of the sale.
SECTION-BY-SECTION ANALYSIS
Subsection 1(a) directs the Secretary of the Interior to
convey approximately 200 acres to Beaver County, Utah.
Subsection (b) authorizes Beaver County to sell a portion
of the conveyed lands if the proceeds are used for maintenance
of the park. Failure to comply with this condition would
require the proceeds be paid to the United States. The
subsection also provides that the Secretary may require the
remaining land to revert back 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, July 19, 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. 2285, a bill to
direct the Secretary of the Interior to convey a parcel of real
property to Beaver County, Utah.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 2285--A bill to direct the Secretary of the Interior to convey a
parcel of real property to Beaver County, Utah
CBO estimates that S. 2285 would not significantly affect
the federal budget. S. 2285 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments. Enacting this legislation would benefit Beaver
County.
S. 2285 would direct the Secretary of the Interior to
convey to Beaver County, Utah, for no consideration,
approximately 200 acres of federal land in that county. The
county currently manages that land as a park under a lease from
the Bureau of Land Management (BLM). According to BLM, the land
currently generates no significant receipts and is not expected
to do so over the next 10 years. Hence, CBO estimates that
conveying it would not significantly affect offsetting receipts
(a credit against direct spending). The bill would not affect
revenues. Based on information from BLM, we also estimate that
the agency's costs to complete the proposed conveyance would be
minimal; any such costs would be subject to the availability of
appropriated funds.
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. 2285. 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. 2285, 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. 2285. These
reports had not been received at the time the report on S. 2285
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.
S. 2285 proposes to convey approximately 200 acres
surrounding the Minersville Reservoir to Beaver County, Utah.
The Administration supports the conveyance, but would like to
recommend a few modifications to the legislation.
In 1963, the BLM first granted a patent to Beaver County,
Utah, for the lands that are now part of Minersville State Park
pursuant to the Recreation & Public Purposes Act (R&PP) (43
U.S.C. 869 et seq.). In 1964, title was transferred to the
State of Utah Division of Parks and Recreation. Over the years
the State made substantial investments in the park facilities
including campgrounds, restrooms, and an entrance station. In
2002, the State of Utah moved to transfer title to Beaver
County as part of cost cutting efforts. However, because the
State did not have authority under the R&PP Act to transfer
title, such an action was not possible. Beaver County has
indicated that it will not accept a transfer of the lands
because of the restrictions associated with the R&PP Act.
Specifically, the reversionary clause prevents the re-sale of
lands transferred under the R&PP Act.
Beaver County, however, is willing to take over the park if
it has an opportunity to create a funding source. The County
proposes to sell some of the undeveloped lands within the park
for cabin sites and use the revenue generated from the sales to
operate and maintain the park for the benefit of the people of
Beaver County and visitors. Under the provisions of the R&PP
Act such sales would result in a reversion to the BLM. The BLM
does not object to this proposal because this type of small,
local park is most appropriately operated and maintained by a
local government.
S. 2285 proposes to transfer all right, title and interest
of the United States for the approximately 200 acres to Beaver
County. Beaver County would then be authorized by the
legislation to sell, at fair market value, portions of that
property. The legislation further directs that those proceeds
may be used only for the maintenance and further development of
the public recreation facilities on the site.
Normally we would require payment of fair market value for
any interest in lands conveyed without the requirement that
they be used for a public purpose. However, we recognize the
unique circumstances here, including the historical use of the
area as a park, and support this proposal as a creative
solution to a difficult problem. However, we recommend the
elimination of the reversionary clause in section 1(c), which
provides for the reversion of the site to the United States if
the provisions of the Act are not compiled with, and the
elimination of a subsequent requirement that Beaver County
repay to the United States any payments received from sales of
land. We recommend the elimination of the reversionary clause
to avert a situation where the BLM would be responsible for
managing a small local park, or abandoning its use as a park,
either of which we are ill-prepared to do. We believe the
requirements of section 1(b), limiting the use of sale proceeds
specifically for the operation and maintenance of the park, are
adequate to protect the interests of the Federal Government.
Finally, we would like the opportunity to work with the
Committee on an appropriate map of the area to be conveyed.
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. 2285, as
ordered reported.