[Senate Report 109-301]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 544
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-301

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        COFFMAN COVE ADMINISTRATIVE SITE CONVEYANCE ACT OF 2006

                                _______
                                

                 July 31, 2006.--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. 1548]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1548) to provide for the conveyance of 
certain Forest Service land to the city of Coffman Cove, 
Alaska, 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 ``Coffman Cove Administrative Site 
Conveyance Act of 2006''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) City.--The term ``City'' means the city of Coffman Cove, 
        Alaska.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 3. CONVEYANCE.

  (a) In General.--Subject to valid existing rights, the Secretary 
shall convey to the City, without consideration and by quitclaim deed 
all right, title, and interest of the United States, except as provided 
in subsections (c) and (d), in and to the parcel of National Forest 
System land described in subsection (b).
  (b) Description of Land.--
          (1) In general.--The parcel of National Forest System land 
        referred to in subsection (a) is the approximately 12 acres of 
        land identified in U.S. Survey 10099, as depicted on the plat 
        entitled ``Subdivision of U.S. Survey No. 10099'' and recorded 
        as Plat 2003-1 on January 21, 2003, Petersburg Recording 
        District, Alaska.
          (2) Excluded land.--The parcel of National Forest System land 
        conveyed under subsection (a) does not include the portion of 
        U.S. Survey 10099 that is north of the right-of-way for Forest 
        Development Road 3030-295 and southeast of Tract CC-8.
  (c) Right-of-Way.--The United States may reserve a right-of-way to 
provide access to the National Forest System land excluded from the 
conveyance to the City under subsection (b)(2).
  (d) Reversion.--If any portion of the land conveyed under subsection 
(a) (other than a portion of land sold under subsection (e)) ceases to 
be used for public purposes, the land shall, at the option of the 
Secretary, revert to the United States.
  (e) Conditions on Subsequent Conveyances.--If the City sells any 
portion of the land conveyed to the City under subsection (a)--
          (1) the amount of consideration for the sale shall reflect 
        fair market value, as determined by an appraisal; and
          (2) the City shall pay to the Secretary an amount equal to 
        the gross proceeds of the sale, which shall be available, 
        without further appropriation, for the Tongass National Forest.

                         PURPOSE OF THE MEASURE

    The purpose of S. 1548 is to provide for the conveyance of 
certain Forest Service land to the city of Coffman Cove, 
Alaska.

                          BACKGROUND AND NEED

    The City of Coffman Cove, Alaska, is a small community with 
about 200 residents that developed around a Tongass National 
Forest logging camp and work site. The 12-acre Forest Service 
site now sits in the middle of town, and a new ferry terminal 
is planned for an adjacent parcel. The location of most of the 
administrative site makes it difficult and inefficient for the 
Forest Service to manage, and an obstacle to the future 
development and design of the city's downtown. Conveyance of 
the administrative site would benefit both the Forest Service 
and the city in these regards.

                          LEGISLATIVE HISTORY

    S. 1548 was introduced on July 28, 2005, by Senator 
Murkowski for herself and Senator Stevens. The Subcommittee on 
Public Lands and Forests held a hearing on November 2, 2005, on 
S. 1548 (S. Hrg. 109-347). At a business meeting held on May 
24, 2006, the Committee on Energy and Natural Resources ordered 
S. 1548 favorably reported with an amendment in the nature of a 
substitute.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 24, 2006, by unanimous voice vote 
of a quorum present recommends that the Senate pass S. 1548, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    The Committee adopted an amendment in the nature of a 
substitute that strikes the findings, provides for a conveyance 
of the land, adds reversionary provisions, provides conditions 
for the conveyance, and makes other technical changes.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2 provide the short title and definitions 
for the bill.
    Section 3(a and b) directs the Secretary of Agriculture to 
convey approximately 12 acres to the city of Coffman Cove, 
Alaska.
    Subsection 3(c) provides the Secretary with the right to 
reserve a right-of-way to Forest Service land excluded from the 
conveyance.
    Subsection 3(d) provides a reversionary clause if the land 
is not used to public purposes.
    Subsection 3(e) directs conditions for subsequent 
conveyances such that if the city sells any portion of the 
land, it must pay the Secretary an amount equal to the gross 
proceeds of the sale and the fair market value.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 1548--Coffman Cove Administrative Site Conveyance Act of 2006

    S. 1548 would direct the Secretary of Agriculture to convey 
to the city of Coffman Cove, Alaska, for no consideration, 
about 12 acres of land previously used as a Forest Service 
administrative site. Under the Forest Service Realignment and 
Enhancement Act of 2005, this property could be sold, and the 
Forest Service could spend the receipts without further 
appropriation. CBO expects, however, that it is unlikely that 
the land would be sold in the absence of this legislation. 
Moreover, we estimate that the loss of receipts--if any--would 
be less than $500,000 and would be offset by a like reduction 
in direct spending. We estimate that the administrative costs 
of completing the conveyance under the bill would not be 
significant. Finally, we estimate that enacting S. 1548 would 
have no effect on revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would i8mpose no costs on budgets of state, local, or tribal 
governments. Enacting this legislation would benefit the city 
of Coffman Cove.
    The CBO staff contact for this estimate is Deborah Reis. 
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. 1548.
    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. 1548.

                        EXECUTIVE COMMUNICATIONS

    The views of the administration were included in testimony 
received by the Committee at a hearing on the bill on November 
2, 2005, as follows:

 Statement of Gloria Manning, Associate Deputy Chief, National Forest 
           System, Forest Service, Department of Agriculture

    Mr. Chairman: Thank you for the opportunity to appear 
before you today to provide the Department views on S. 1548, to 
provide for the conveyance of certain Forest Service land to 
the city of Coffman Cove, Alaska.
    S. 1548 would convey a portion of a 15-acre Forest Service 
administrative site situated in the center of a small Alaskan 
community, Coffman Cove, to the City of Coffman Cove. The bill 
directs the Secretary of Agriculture, without consideration, to 
convey fee simple title to twelve acres of the administrative 
site, to the City.
    The Department objects to S. 1548 on the basis of long-
standing policy that the government receives market value for 
such conveyances. However, the Department is sympathetic to the 
needs of the City of Coffman Cove to control the future 
development of its future downtown area.
    The Forest Service played a central role in the development 
of the community. In the 1960's, Coffman Cove was a logging 
camp and work site. Logs were harvested from the surrounding 
Tongass National Forest. Eventually, the community developed 
around the Forest Service administrative site.
    In 1986, the State of Alaska received lands surrounding the 
Coffman Cove administrative site as part of its statehood 
entitlement. Over time, a decrease in timber sale activity led 
to a diminished need for the Forest Service administrative 
site. Within the last six years, all buildings have been 
removed from the site.
    Coffman Cove was incorporated in 1989, and is currently 
home to about 200 residents. The City is seeking to diversify 
its economic base in response to changes in the management of 
the surrounding Tongass National Forest and other economic 
conditions. With the development of a new ferry terminal 
adjacent to the Forest Service administrative site, economic 
opportunities for the City to develop commercial operations and 
tourism support facilities are improving. However, the location 
of the Forest Service parcel in the center of town, along the 
main street bisecting the town and near the ferry terminal, 
presents a significant obstacle to Coffman Cove's efforts to 
more fully develop and diversify its economy and design its 
future downtown. The location of most of the parcel also makes 
it difficult and inefficient for the Forest Service to 
adequately manage the site.
    Should the Subcommittee choose to move the bill in spite of 
these concerns, the Department would like to work with the 
Subcommittee on amendments that would improve accuracy and 
management efficiency.

                        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. 1548 as ordered 
reported.

                                  
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