[Senate Report 109-307]
[From the U.S. Government Publishing Office]
Calendar No. 550
109th Congress Report
SENATE
2d Session 109-307
======================================================================
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.