[Senate Report 109-307]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 550
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-307

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                CITY OF GREEN RIVER LAND CONVEYANCE ACT

                                _______
                                

                 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. 2373]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2373) to provide for the sale of 
approximately 132 acres of public land to the City of Green 
River, Wyoming, at fair market value, 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, line 17, strike ``, within 180 days after the 
date of the offer,''.
    2. On page 3, between lines 14 and 15, insert the 
following:
    ``(f) Plan.--The conveyance of the public land under 
subsection (a) shall not require an amendment to the Green 
River Resource Management Plan.''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 2373 is to provide for the sale of 
approximately 132 acres of public lands to the city of Green 
River, Wyoming, for an alternate transportation route parallel 
to Interstate 80 and for community growth.

                          BACKGROUND AND NEED

    S. 2373 would direct the Secretary of the Interior to 
convey 132 acres of public lands to the city of Green River, 
Wyoming, at fair market value. The lands are needed to build an 
alternative travel route for emergency vehicles between Rock 
Springs and Green River that can be used when Interstate 80 is 
closed due to weather or mishaps. Although the cities are only 
14 miles apart, there is currently no other road between the 
two communities except I-80. The hospital in Rock Springs 
serves both communities.
    In addition, lands are needed to provide the city with room 
in which to grow. Currently the city is unable to expand due to 
topography and the fact that almost all of the developable 
surrounding land is owned by the Bureau of Land Management. The 
city is experiencing a housing shortage due to the energy boom 
in Wyoming.

                          LEGISLATIVE HISTORY

    S. 2373 was introduced on March 6, 2006, by Senators Thomas 
and Enzi. The Subcommittee on Public Lands and Forests held a 
hearing on S. 2373 on March 29, 2006. At the business meeting 
on May 24, 2006, the Committee on Energy and Natural Resources 
ordered S. 2373 favorably reported, with amendments.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 24, 2006, by a unanimous voice vote of 
a quorum present recommends that the Senate pass S. 2373, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 2373, the Committee adopted 
two amendments. Amendment No. 1 removes a time requirement to 
complete the conveyance. Amendment No. 2 states that the 
conveyance of land under this Act shall not require an 
amendment to the existing resource management plan.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 and 2 provides a short title and defines key 
terms used in the bill.
    Section 3 authorizes the Secretary of the Interior to 
convey approximately 132 acres of public land administered by 
the Bureau of Land Managment to the city of Green River, 
Wyoming at fair market value of the land.
    Subsection (b) requires the land to be appraised within 60 
days of the enactment of the bill.
    Subsection (c) requires the city to pay the Secretary the 
appraised value of the land no later than 30 days of the 
conveyance.
    Subsection (d) directs the Secretary to deposit the 
proceeds of the conveyance of the sale in the Federal Land 
Disposal Account.
    Subsection (e) requires the city to pay any costs 
associated with the conveyance.
    Subsection (f) states that the conveyance of land under 
this Act shall not require an amendment to the Green River 
Resource Management Plan.
    Section 4 withdraws the land from various mining and 
mineral leasing laws, subject to valid existing rights.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 2373--City of Green River Land Conveyance Act

    S. 2373 would provide for the sale of certain federal 
property in Wyoming. CBO estimates that enacting S. 2373 would 
have no net effect on the federal budget and no effect on 
revenues. We estimate that enacting the bill would slightly 
increase offsetting receipts in 2007, but that increase would 
be offset by additional direct spending over the next five 
years.
    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. 
The transaction would be voluntary on the part of the city, as 
would any costs it would incur to comply with the conditions 
included in the bill.
    S. 2373 would authorize the Secretary of the Interior to 
sell about 132 acres of land administered by the Bureau of Land 
Management (BLM) to the city of Green River, Wyoming. Under the 
bill, proceeds from the sale would be deposited into the 
federal land disposal account and would be available without 
further appropriation to acquire land within the state. Based 
on information provided by BLM, CBO estimates that selling the 
Wyoming acreage would increase federal offsetting receipts by 
about $250,000 in fiscal year 2007. We estimate that the agency 
would spend this amount over the next five years to acquire 
other property within Wyoming.
    The CBO staff contact for this estimate is Deborah Reis. 
The 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. 2373. 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. 2373.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
provided by the Department of the Interior at the Subcommittee 
hearing as follows:

    Statement of Lawrence E. Benna, Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Mr. Chairman, thank you for the opportunity to testify. The 
Bureau of Land Management (BLM) manages 261.8 million acres of 
surface land primarily in 12 western states. As the Nation's 
largest Federal land manager, the BLM administers the public 
lands for a wide range of multiple uses including energy 
production, outdoor recreation, livestock grazing, and by 
conserving natural, historical, cultural, and other resources. 
The Federal Land Policy and Management Act (FLPMA) directs the 
BLM to make decisions about the appropriate use of the public 
lands through the development of resource management plans 
using a collaborative public process.
    FLPMA allows the BLM to convey lands out of public 
ownership if, for example, they have been identified for 
disposal through the BLM land use planning process in order to 
serve important public objectives, such as community expansion 
and economic development. In partnering with local communities 
across the West, we understand their needs and are supportive 
of efforts that ensure a balanced approach to local land use 
management. As a matter of both policy and practice, the BLM 
generally requires receipt of fair market value for any public 
lands transferred out of public ownership. This serves to 
ensure that taxpayers are fairly compensated for the removal of 
public lands from Federal ownership while also supporting local 
communities.
    The various BLM-related bills before the Subcommittee today 
cover a wide range of Federal land issues, but at their core 
all are intended to support the needs of local communities.
    S. 2373, the City of Green River Land Conveyance Act, 
directs the BLM to sell at appraised fair market value 
approximately 132 acres of public land to the City of Green 
River, Wyoming. The land would be used for development along 
Interstate-80 east of Green River. The Department of the 
Interior supports this proposal, but would like to work with 
the sponsors of the bill and the Committee on certain technical 
changes.
    Green River, Wyoming, is a growing community located west 
of Rock Springs along the Green River in southwest Wyoming. The 
132 acre parcel proposed for conveyance straddles Interstate-80 
and could be appropriate for community expansion. We understand 
this is the intention of the City of Green River. These lands 
have not been identified for disposal in the BLM land use 
planning process. The land is currently authorized for grazing, 
and sufficient access and acreage for grazing would remain 
available if the lands were conveyed. There are no mineral 
leases or mining claims on the parcel.
    S. 2373 requires the Secretary to convey all right, title, 
and interest to the land within 180 days after the City submits 
an offer to acquire the land. The proceeds from the sale of the 
lands are to be deposited in the Federal Land Disposal Account 
established under the Federal Land Transaction Facilitation 
Act, Public Law 106-248, to be expended in accordance with that 
Act.
    We would like an opportunity to work with the Committee and 
the sponsors of the bill on certain technical changes, 
including the timeframes established in section 3(a) of the 
bill in order to ensure sufficient time for completion of a 
land use plan amendment in accordance with section 202 of the 
Federal Land Policy and Management Act and completion of the 
necessary environmental reviews and clearances.

                        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. 2373, as 
ordered reported.

                                  
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