[Senate Report 109-260]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 465
109th Congress                                                   Report
                                 SENATE
 2nd Session                                                    109-260

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                     ED FOUNTAIN PARK EXPANSION ACT

                                _______
                                

                  June 6, 2006.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 2041]


      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2041) to provide for the conveyance of a 
United States Fish and Wildlife Service administrative site to 
the city of Las Vegas, Nevada, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                    General Statement and Background

    Ed Fountain Park is one of the best known and widely used 
parks in the city of Las Vegas. Located in a mature part of the 
City, adjacent to the City's oldest golf course, Ed Fountain 
Park has provided recreational opportunities to local residents 
for generations. For many years it has been home to Pop Warner 
football practices, youth soccer games, and family picnics and 
reunions. On any given day or night, a multitude of activities 
are taking place at the park, many of which are associated with 
the numerous nonprofit organizations that utilize the park's 
resources.
    The city of Las Vegas wants to expand Ed Fountain Park by 
acquiring land adjacent to the park that formerly served as the 
site of the local administrative offices for the Bureau of Land 
Management (BLM) and U.S. Fish and Wildlife Service (Service). 
The property was vacated by both Federal land management 
agencies several years ago after they relocated to a larger, 
multi-jurisdictional facility in the northwest part of the Las 
Vegas valley.
    The property to be acquired by the City is technically 
classified as part of the Desert National Wildlife Refuge 
Complex and is currently under the jurisdiction of the Service. 
The parcel of land to be acquired is many miles away from the 
actual wildlife refuge and sits as a vacant urban lot. The 
former administrative offices that were housed on the land were 
placed there many decades ago when this area was considered to 
be on the outskirts of town. Now, after years of unprecedented 
growth, this land is surrounded by well-established 
neighborhoods. The site also contains a single empty historical 
structure that would be part of the conveyance.
    If the property were under the jurisdiction of the BLM, 
which is usually the case in the Las Vegas Valley, the property 
could have been transferred administratively under the 
authority of the Recreation and Public Purposes Act. Because it 
is the property of the Service and they do not have this 
administrative authority, legislation is needed to transfer 
ownership of the property from the Service to the City.

                     Objectives of the Legislation

    S. 2041 transfers approximately eight acres of Federal land 
to the city of Las Vegas to allow for the expansion of the Ed 
Fountain Park. The City will have the flexibility to use the 
parcel to build new athletic fields, to develop a community 
center, or any combination of these uses that are in the public 
interest.

                      Section-by-Section Analysis

Section 1. Short title.
    This section provides that this Act may be cited as the 
``Ed Fountain Park Expansion Act''.
Sec. 2. Definitions.
    This section provides definitions relevant to the act.
Sec. 3. Conveyance of United States Fish and Wildlife Service 
        Administrative Site, Las Vagas, Nevada.
    This section provides for the conveyance of the 
administrative site currently held by the U.S. Fish and 
Wildlife Service to the city of Las Vegas, Nevada, for use as a 
park or other recreation or nonprofit-related purpose.

                          Legislative History

    On November 17, 2005, Senator Reid introduced S. 2041, 
which was cosponsored by Senator Ensign. The bill was received, 
read twice and referred to the Senate Committee on Environment 
and Public Works. The committee met on May 23, 2006 to consider 
the bill. S. 2041 was ordered favorably reported without 
amendment by voice vote.

                                Hearings

    No committee hearings were held on S. 2041.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2041 on May 23, 2006. The bill was ordered 
favorably reported by voice vote. No roll call votes were 
taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2041 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2041 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                              ----------                              

S. 2041, Ed Fountain Park Expansion Act, As ordered reported by the 
        Senate Committee on Environment and Public Works on May 23, 
        2006
    S. 2041 would direct the Secretary of the Interior to 
convey to Las Vegas, Nevada, for no consideration, an eight-
acre administrative site currently held by the U.S. Fish and 
Wildlife Service (USFWS). The city would be responsible for 
paying all administrative costs of the transfer, such as survey 
expenses. Based on information provided by the USFWS, CBO 
estimates that completing the conveyance would have no 
significant effect on the Federal budget. Enacting the bill 
would not affect direct spending or revenues.
    The bill 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. 
This conveyance would be voluntary on the part of the city of 
Las Vegas, as would any costs it would incur to comply with the 
conditions included in the bill.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.

                                 
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