[Senate Report 109-43]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 62
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-43

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                BEAVER COUNTY, UTAH LAND CONVEYANCE ACT

                                _______
                                

                 March 30, 2005.--Ordered to be printed

  Filed, under authority of the order of the Senate of March 17, 2005

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                          [To accompany S. 52]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 52) 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 
without amendment and recommends that the bill do pass.

                         PURPOSE OF THE MEASURE

    The purpose of S. 52 is to convey approximately 200 acres 
to Beaver County, Utah, 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. 
52 would convey the site to Beaver County and provide authority 
to sell some of the land to pay for park maintenance.

                          LEGISLATIVE HISTORY

    S. 52 was introduced by Senator Hatch on January 24, 2005. 
At the business meeting on February 16, 2005, the Committee on 
Energy and Natural Resources ordered S. 52 favorably reported. 
A similar bill (S. 2285) was introduced by Senators Hatch and 
Bennett in the 108th Congress. The Subcommittee on Public Lands 
and Forests held a hearing on the bill on May 5, 2004 (S. Hrg. 
108-321). The Committee ordered the bill favorably reported 
with an amendment in the nature of a substitute on July 14, 
2004 (S. Rept. 108-324). S. 2285 passed the Senate by unanimous 
consent, as amended, on September 15, 2004.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on February 16, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 52.

                      SECTION-BY-SECTION ANALYSIS

    Section 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 lands 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.

S. 52--A bill to direct the Secretary of the Interior to convey a 
        parcel of real property to Beaver County, Utah

    CBO estimates that S. 52 would not significantly affect the 
federal budget. S. 52 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. 52 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. Therefore, CBO estimates that conveying 
it would not significantly affect offsetting receipts (a credit 
against direct spending). Enacting 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 contacts for this estimate are Megan Carroll 
and 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. 52.
    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. 52, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 2285 in the 108th 
Congress on May 5, 2004, as follows:

Statement of Bob Anderson, Deputy Assistant Director, Minerals, Realty 
           and Resource Protection, Bureau of Land Management


                                s. 2885


    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 effort.s 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 wiling 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 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 complied 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 operational 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. 52, as ordered 
reported.

                                  
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