[Senate Report 115-365]
[From the U.S. Government Publishing Office]
Calendar No. 652
115th Congress} { Report
SENATE
2d Session } { 115-365
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LA PAZ COUNTY LAND CONVEYANCE ACT
_______
November 14, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2630]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (H.R. 2630) to authorize the Secretary of the
Interior to convey certain land to La Paz County, Arizona, and
for other purposes, 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 9, strike ``8,800'' and insert
``5,935''.
2. On page 2, line 16, strike ``May 24, 2017'' and insert
``October 1, 2018''.
3. Beginning on page 2, strike line 20 and all that follows
through page 4, line 6, and insert the following:
(a) In General.--Notwithstanding the planning requirement
of sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713) and in accordance
with this section and other applicable law, as soon as
practicable after receiving a request from the County to convey
the Federal land, the Secretary shall convey the Federal land
to the County.
(b) Restrictions on Conveyance.--
(1) In general.--The conveyance under subsection (a)
shall be subject to--
(A) valid existing rights; and
(B) such terms and conditions as the
Secretary determines to be necessary.
(2) Exclusion.--The Secretary shall exclude from the
conveyance under subsection (a) any Federal land that
contains significant cultural, environmental, wildlife,
or recreational resources.
(c) Payment of Fair Market Value.--The conveyance under
subsection (a) shall be for the fair market value of the
Federal land to be conveyed, as determined--
(1) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(2) based on an appraisal that is conducted in
accordance with--
(A) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(B) the Uniform Standards of Professional
Appraisal Practice.
(d) Protection of Tribal Cultural Artifacts.--As a
condition of the conveyance under subsection (a), the County
shall, and as a condition of any subsequent conveyance, any
subsequent owner shall--
4. On page 4, line 11, strike ``work'' and insert
``coordinate''.
5. On page 4, line 17, strike ``(d)'' and insert ``(e)''.
6. On page 5, line 4, strike ``(e)'' and insert ``(f)''.
7. On page 5, line 7, strike ``(f)'' and insert ``(g)''.
8. On page 5, line 10, strike ``(b)(3)'' and insert
``(c)(2)''.
9. On page 5, after line 14, add the following:
(h) Proceeds From the Sale of Land.--The proceeds from the
sale of land under this section shall be--
(1) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(2) used in accordance with that Act (43 U.S.C. 2301
et seq.).
PURPOSE
The purpose of H.R. 2630 is to authorize the Secretary of
the Interior (Secretary) to convey certain Federal land to La
Paz County, Arizona.
BACKGROUND AND NEED
Nearly 77 percent of the land base in La Paz County,
Arizona, is owned by the United States. An additional 250,000
acres are held in trust by the United States for Indian Tribes.
With less than five percent of La Paz County (County) in
private ownership, opportunities for growth and economic
development in the county are limited.
The Ten West Link is a proposed 500 kilovolt electric
transmission line that would run through La Paz County and
presents an opportunity for energy-related economic
development. The County has identified a parcel of land
administered by the Bureau of Land Management (BLM) near the
proposed transmission line which the County believes will be
suitable for the development of a large scale solar project.
The BLM has also analyzed and considered this land for
solar energy potential. In so doing, it has identified the
parcel as ``variance lands,'' indicating the parcel has high
potential but may have a minor resource conflict that would
need to be avoided or mitigated in a sight-specific analysis.
BLM's formal designation of ``solar energy zones'' is limited
to lands with no resource conflicts.
As ordered reported, H.R. 2630 authorizes the conveyance of
approximately 5,935 acres within the parcel identified by the
County, to allow for solar energy development. To date, there
have been no identified environmental, wildlife, cultural
resources, organized recreation, grazing allotments, or other
activities that would warrant special protection on the 5,935
acres conveyed by this Act.
However, the Mohave people indigenous to La Paz County are
members of, and have cultural ties to the Colorado River Indian
Tribes (CRIT), a federally recognized Native American tribe
headquartered in Parker, Arizona. Traditional Mohave culture
dictates that artifacts and other remnants of Mohave life
retain great spiritual value when they remain present on the
land where they are buried. Given the potential for discovery
during development, the County has committed to engage directly
with the CRIT Historic Preservation Office to ensure that any
uncovered tribal artifacts will be reburied on site rather than
curated in warehouses miles from the origin of the find. This
agreement is reflected in the legislation.
LEGISLATIVE HISTORY
Representative Gosar introduced H.R. 2630 in the House of
Representatives on May 24, 2017. H.R. 2630 was favorably
reported, with an amendment in the nature of a substitute, by
the Committee on Natural Resources on January 29, 2018, and
passed the House of Representatives by voice vote, as amended,
on July 23, 2018.
Similar legislation, S. 1222, was introduced by Senator
Flake on May 24, 2017. The Subcommittee on Public Lands,
Forests and Mining held a hearing on the legislation on
February 7, 2018.
The Senate Committee on Energy and Natural Resources met in
an open business session on October 2, 2018, and ordered H.R.
2630 favorably reported, as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass H.R.
2630, if amended as described herein.
COMMITTEE AMENDMENTS
During its consideration of H.R. 2630, the Committee
adopted amendments to reduce the amount of land to be conveyed
from approximately 8,800 acres to 5,935 acres; update the map
reflecting the new parcel; and remove the phased conveyance of
the lands from BLM to the County. In addition, the adopted
amendments direct the conveyance proceeds into the Federal Land
Disposal Account established by the Federal Land Transaction
Facilitation Act, and made a number of technical changes.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
Section 1 sets forth the short title.
Sec. 2. Definitions
Section 2 defines key terms.
Sec. 3. Conveyance to La Paz County, Arizona
Subsection (a) directs the Secretary to convey
approximately 5,935 acres of Federal land to La Paz County,
Arizona upon the County's request.
Subsection (b) requires that the conveyance be subject to
valid existing rights and such terms and conditions the
Secretary determines to be necessary. This subsection also
directs the Secretary to exclude from the conveyance any lands
that contain significant cultural, environmental, wildlife or
recreational resources.
Subsection (c) requires La Paz County to pay fair market
value for the conveyed land, as determined in accordance with
the Federal Land Policy and Management Act (43 U.S.C. 1701 et
seq.) and based on an appraisal done pursuant to applicable
standards.
Subsection (d) conditions the conveyance to the County, as
well as any subsequent conveyance to another owner, on: (1)
making good faith efforts to avoid disturbing Tribal artifacts;
(2) minimizing impacts on any disturbed Tribal artifacts; (3)
coordinating with the CRIT Tribal Historic Preservation Office
to identify culturally and historically significant artifacts;
and (4) allowing Tribal representatives to rebury any unearthed
artifacts near the discovery location. This provision reflects
an agreement between CRIT and the County to protect the
cultural resources on the land conveyed by this Act.
Subsection (e) requires the map depicting the conveyed
parcel to be available publically and allows the Secretary and
County to make minor boundary adjustments and corrections by
mutual agreement.
Subsection (f) withdraws the Federal land authorized for
conveyance from mining and mineral leasing laws.
Subsection (g) requires the County to pay the appraised
value, as well as all conveyance-related costs, as a condition
of the Federal land conveyance.
Subsection (h) directs proceeds from the land sale to the
Federal Land Transaction Facilitation Act's Federal Land
Disposal Account (43 U.S.C. 2305(a)).
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office: H.R. 2630
would direct the Department of the Interior (DOI) to convey,
upon request, up to 5,935 acres of federal land to La Paz
County, Arizona. The county would be required to pay the
estimated fair-market value for the affected lands, which would
be used by commercial entities to produce solar energy.
Based on the value of similar lands in La Paz County, CBO
estimates that the county would pay DOI between $700 and $1,000
per acre to acquire those lands or about $5 million in total.
Those payments would be recorded as reductions in direct
spending. CBO expects that the payment and land conveyance
would occur within the 2019-2028 period.
Because enacting H.R. 2630 would affect direct spending,
pay-as-you-go procedures apply. Enacting the bill would not
affect revenues.
CBO estimates that enacting H.R. 2630 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 2630 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On January 23, 2018, CBO transmitted a cost estimate for
H.R. 2630, the La Paz County Land Conveyance Act, as ordered
reported by the House Committee on National Resources on
November 30, 2017. The House Committee version of the
legislation directed the sale of more acreage over a longer
time period than would be the case for the Senate Committee
version. The CBO cost estimates reflect those differences. CBO
estimates that enacting the House Committee version of the
legislation would reduce direct spending by $3 million over the
10 year period.
The CBO staff contact for this estimate is Jacob Fabian.
The estimate was reviewed by H. Samuel Papenfuss, 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 H.R. 2630. The Act 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 H.R. 2630, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 2630, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the February 7, 2018, hearing on S. 1222, similar legislation
to H.R. 2630, follows:
Statement of Brian Steed, Deputy Director for Policy & Programs, Bureau
of Land Management, U.S. Department of the Interior
Thank you for inviting the Department of the Interior
(Department) to testify on S. 1222, the La Paz County Land
Conveyance Act. The bill proposes to convey to La Paz County,
Arizona, approximately 8,000 acres of public lands managed by
the Bureau of Land Management (BLM). Secretary Zinke, through
Secretarial Order 3347, has pledged to expand access to
America's public lands and increase hunting, fishing, and
recreational opportunities nationwide. In addition, the
Secretary is focused on restoring full collaboration and
coordination with local communities, working with partners to
promote multiple use on public lands, and making the Department
a better neighbor. While the Department supports the goals of
S. 1222 that align with these important priorities, we have
concerns with the legislation as drafted.
background
La Paz County, located in western Arizona, is home to over
20,000 people and holds important recreational value because of
its close proximity to the Colorado River; the Cibola, Bill
Williams River, and Imperial National Wildlife Refuges; and a
number of cultural and historic sites, including old mines and
ghost towns.
The BLM regularly leases and conveys lands to local
governments and nonprofit entities for a variety of public
purposes. These leases and conveyances are typically
accomplished under the provisions of the Recreation and Public
Purposes Act (R&PP Act) or through direction supplied by
specific Acts of Congress. Such direction allows the BLM to
help States, local communities, and nonprofit organizations
obtain lands at nominal cost for important public purposes. The
Department generally supports appropriate legislative
conveyances at nominal cost if the lands are to be used for
purposes consistent with the R&PP Act, and if the conveyances
have reversionary clauses to enforce this requirement.
It should be noted that Secretary Zinke is opposed to the
wide-scale sale or transfer of Federal lands. That said,
Secretary Zinke is interested in working with Congress on
proposals that have the specific goal of preserving access and
recreational opportunities for future generations while
supporting local community needs.
s. 1222
S. 1222 directs the Secretary of the Interior to convey
approximately 8,000 acres managed by the BLM to La Paz County
for uses consistent with the R&PP Act and subject to valid
existing rights. The bill also contains a reversionary clause
that provides for the land to revert to the United States, at
the discretion of the Secretary, if it ceases to be used for
recreation and public purposes. While the County would receive
the land itself at no cost, the County would pay any
administrative costs associated with the conveyance (e.g.,
cultural and cadastral surveys).
The County would also have the option under S. 1222 to
acquire the Federal reversionary interest in these lands at
fair market value, as determined by an appraisal. The bill
further states that the County would be responsible for the
costs associated with this appraisal and includes language
releasing the United States from liability for any hazardous
materials that may be present on the public lands before the
date of conveyance.
As a matter of policy, the Department supports working with
local governments to resolve land tenure issues that advance
worthwhile public policy objectives. In general, the Department
supports the proposed conveyance, if it is consistent with the
existing R&PP authority. We are concerned, however, that the
total acreage proposed for conveyance is significantly larger
than what is normally authorized for public purposes under the
R&PP Act, and we are concerned that this legislation, as
currently drafted, would ultimately mandate conveyances that
effectively authorize non-R&PP use. Our understanding is also
that La Paz County ultimately intends to use the site for solar
energy development, which would be inconsistent with the R&PP
Act. We would like to work with the sponsor on amendments to
the bill that more closely tailors it to the needs of La Paz
County while ensuring that unnecessary acreage remains
available for multiple uses.
The Department is also committed to continuing its
adherence to the Uniform Appraisal Standards for Federal Land
Acquisition and Uniform Standards of Professional Appraisal
Practice, and appreciates the sponsor's including these
provisions in the bill. We recommend the bill be modified to
clarify that the appraisal process will be managed by DOI's
Office of Valuation Services. The Office of Valuation Services
provides credible, timely, and efficient valuation services to
ensure public trust in Federal real property transactions.
Finally, we note that the lands proposed for conveyance
have not been identified as potentially suitable for disposal
in the Yuma Resource Management Plan, which the BLM completed
in 2010.
conclusion
Thank you for the opportunity to present the Department's
views on S. 1222. We look forward to working with the sponsor
and the Committee on modifications to the bill that will meet
the needs of La Paz County and benefit the American people.
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 H.R. 2630 as ordered
reported.
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