[Senate Report 108-324]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 680
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-324

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             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.

                                  
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