[House Report 113-618]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-618

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 CONVEYANCE FEDERAL PROPERTY LOCATED IN THE NATIONAL PETROLEUM RESERVE 
                               IN ALASKA

                                _______
                                

 November 12, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5167]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5167) to direct the Administrator of General 
Services, on behalf of the Secretary of the Interior, to convey 
certain Federal property located in the National Petroleum 
Reserve in Alaska to the Olgoonik Corporation, an Alaska Native 
Corporation established under the Alaska Native Claims 
Settlement Act, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. CONVEYANCE FEDERAL PROPERTY LOCATED IN THE NATIONAL 
                    PETROLEUM RESERVE IN ALASKA.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and after completion of the appraisal described 
in this section, the Secretary of the Interior shall convey to the 
Corporation by quitclaim deed for the consideration described in 
subsection (c), all right, title, and interest of the United States in 
and to a parcel of real property described in subsection (b).
  (b) Legal Description of Property.--The parcel to be conveyed under 
subsection (a) consists of approximately 1,518 acres and improvements 
comprising a former Distant Early Warning Line site in the National 
Petroleum Reserve in Alaska near Wainwright, Alaska, and described as 
United States Survey Number 5252 located within the Umiat Meridian in--
          (1) Sections 3 and 4 within Township 14 North, Range 31 West;
          (2) Sections 17, 18, 20, 21, 26, 27, 28, 33, 34, and 35 
        within Township 15 North, Range 31 West; and
          (3) Section 13 within Township 15 North; Range 32.
  (c) Terms and Conditions.--
          (1) Consideration.--
                  (A) In general.--As consideration for the conveyance 
                of the property under subsection (a), the Corporation 
                shall pay to the Secretary an amount not less than the 
                fair market value of the conveyed property, to be 
                determined as provided in subparagraph (B).
                  (B) Appraisal.--The fair market value of the property 
                to be conveyed under subsection (a) shall be determined 
                based on an appraisal that--
                          (i) is conducted by a licensed, independent 
                        appraiser that is approved by the Secretary and 
                        the Corporation;
                          (ii) is based on the highest and best use of 
                        the property;
                          (iii) is approved by the Secretary; and
                          (iv) is paid for by the Corporation.
          (2) Pre-conveyance entry.--The Secretary, on terms and 
        conditions the Secretary determines to be appropriate, may 
        authorize the Corporation to enter the property at no charge 
        for pre-construction and construction activities.
          (3) Additional terms and conditions.--The Secretary may 
        require additional terms and conditions in connection with the 
        conveyance under subsection (a) as the Secretary considers 
        appropriate to protect the interests of the United States.
  (d) Exemption.--Section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332) shall not apply to any conveyance of property 
under this section.
  (e) Corporation Defined.--In this section, the term ``Corporation'' 
means the Olgoonik Corporation, an Alaska Native Corporation 
established under the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.).

    Amend the title so as to read:
    A bill to direct the Secretary of the Interior to convey 
certain Federal property located in the National Petroleum 
Reserve in Alaska to the Olgoonik Corporation, an Alaska Native 
Corporation established under the Alaska Native Claims 
Settlement Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5167, as amended, is to direct the 
Secretary of the Interior to convey certain Federal property 
located in the National Petroleum Reserve in Alaska to the 
Olgoonik Corporation, an Alaska Native Corporation established 
under the Alaska Native Claims Settlement Act.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Wainwright Short Range Radar Site is an old Distant 
Early Warning (DEW) station, commonly referred to as the 
Wainwright DEW Line site. The underlying property is owned by 
the Department of the Interior and managed by the Bureau of 
Land Management (BLM). Historically, the U.S. Air Force 
maintained a radar site on the property but it is no longer 
operational. The Air Force is in the final stages of 
remediating some contamination of the site, which is expected 
to be finished in 2014, and the Olgoonik Corporation, an Alaska 
Native Corporation established under the Alaska Native Claims 
Settlement Act, is collaborating on the effort.
    After completion of its remediation work, the Air Force is 
set to relinquish its right-of-way on the property. Olgoonik 
has been working with BLM to acquire the DEW Line site; 
however, language in the Naval Petroleum Reserves Production 
Act of 1976 (42 U.S.C. 6501 et seq.) prevents BLM from 
proceeding with the disposal.
    Olgoonik and the Wainwright DEW Line site are within the 
National Petroleum Reserve--Alaska (NPRA). All lands 
surrounding the DEW Line site are owned by Olgoonik. H.R. 5167 
directs the Secretary of the Interior to convey at fair market 
value the approximately 1,518 acres and improvements comprising 
the former DEW Line site in the NPRA near Wainwright, Alaska, 
to the Olgoonik Corporation. Olgoonik would purchase the 1,518 
acres and fold it into its existing land use management plan 
and policies, turning a potential abandoned and unused parcel 
into Olgoonik property.
    During Full Committee consideration of the bill, the 
Committee approved a technical amendment that removed the third 
party role of the General Services Administration from the land 
sale and a requirement for a resurvey since a previously 
completed one remains relevant. Both changes were requested by 
the Administration (BLM), who supports the bill.

                            COMMITTEE ACTION

    H.R. 5167 was introduced on July 22, 2014, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the 
Subcommittees on Public Lands and Environmental Regulation and 
Indian and Alaska Native Affairs. On September 9, 2014, the 
Subcommittee on Public Lands and Environmental Regulation held 
a hearing on the bill. On September 18, 2014, the Full Natural 
Resources Committee met to consider the bill. The Subcommittees 
on Public Lands and Environmental Regulation and Indian and 
Alaska Native Affairs were discharged by unanimous consent. 
Congressman Young offered an amendment designated .109 to the 
bill; the amendment was adopted by unanimous consent. No 
further amendments were offered and the bill, as amended, was 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 5167--A bill to direct the Secretary of the Interior to convey 
        certain federal property located in the National Petroleum 
        Reserve in Alaska to the Olgoonik Corporation, an Alaska Native 
        Corporation established under the Alaska Native Claims 
        Settlement Act

    H.R. 5167 would direct the Bureau of Land Management (BLM) 
to sell 1,500 acres of federal land in Alaska to the Olgoonik 
Corporation. The corporation was established to administer land 
and financial assets awarded to certain Alaska Natives in 
settlements with the federal government. Based on information 
provided by BLM, CBO estimates that enacting the bill would 
increase offsetting receipts, which are treated as reductions 
in direct spending, by $1 million in 2015. Because enacting the 
bill would affect direct spending, pay-as-you-go procedures 
apply. Enacting the bill would not affect revenues.
    Based on information provided by BLM, CBO expects that, 
under current law, the affected lands, which are located in the 
National Petroleum Reserve in Alaska and surrounded by lands 
owned by the Olgoonik Corporation, would not generate 
offsetting receipts over the next 10 years. Under the bill, the 
Olgoonik Corporation would be required to pay fair market value 
to purchase the affected lands. Based on information regarding 
the value of similar lands located in remote portions of 
Alaska, CBO estimates that the affected lands would be worth 
between $500 and $1,000 per acre, and we estimate that the sale 
of those lands would increase offsetting receipts by about $1 
million in 2015.
    H.R. 5167 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
land conveyance authorized by the bill would benefit the 
Olgoonik Corporation.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by BLM, CBO estimates that enacting the 
bill would increase offsetting receipts, which are treated as 
reductions in direct spending, by $1 million in 2015.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as amended, is to direct the Secretary 
of the Interior to convey certain Federal property located in 
the National Petroleum Reserve in Alaska to the Olgoonik 
Corporation, an Alaska Native Corporation established under the 
Alaska Native Claims Settlement Act.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.