[Senate Report 115-366]
[From the U.S. Government Publishing Office]
Calendar No. 653
115th Congress } { Report
SENATE
2d Session } { 115-366
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ORACLE CABINS CONVEYANCE ACT OF 2018
_______
November 15, 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 S. 2062]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2062) to require the Secretary of
Agriculture to convey at market value certain National Forest
System land in the State of Arizona, having considered the
same, reports favorably thereon with amendments and recommends
that the bill, as amended, do pass.
The amendment is as follows:
On page 5, strike lines 3 through 12 and insert the
following:
(f) Proceeds From the Sale of Land.--Any payment received by the
Secretary from the sale of property under this Act shall be deposited
in the fund established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a) and shall be available to the Secretary
until expended, without further appropriation, for the acquisition of
inholdings in national forests in the State of Arizona.
PURPOSE
The purpose of S. 2062 is to require the Secretary of
Agriculture (Secretary) to convey, for fair market value,
certain National Forest System land in the State of Arizona
covered by special use residence permits to the holders of
those permits.
BACKGROUND AND NEED
S. 2062 authorizes the conveyance of certain National
Forest lands covered by three separate residence special use
permits to the holders of those permits. The residences were
initially permitted by the U.S. Forest Service under the Forest
Service Recreation Residence Program (RPP), which was
established by Congress in 1915 to encourage family recreation
in the National Forests. Under the program, a permittee is
allowed use a parcel of National Forest land for construction
of a cabin, which is owned by the permittee. The permitee pays
an annual fee to the Forest Service for the use of the land the
cabin sits on. There are approximately 14,000 cabins, on 114
Nations Forests, in the RPP program.
When one of the permittees covered by the legislation tried
to sell their cabin in 2008 they asked the Forest Service for
permission to approve the sale. At that time, the Forest
Service indicated it would not approve the sale, as their cabin
was now classified as a ``residence, privately owned building''
under a special use permit, which is being phased out over
time.
In total, three families with cabins near Oracle have been
reclassified by the Forest Service as ``residence, privately
owned building.'' These special use permits, which were
transitioned from the RPP, now expire in 2028, with no
opportunity to transfer to a new owner or heir. The current
cabin owners have expressed an interest in purchasing the
properties from the Forest Service so that they may either sell
or pass their cabins on to future generations. S. 2062 directs
the Forest Service to allow the permittees to purchase the
small parcels of lands under and surrounding their residences,
without which they will be forced to demolish or physically
relocate their homes. The three parcels total approximately 9.5
acres.
LEGISLATIVE HISTORY
Senator Flake introduced S. 2062 on November 2, 2017. The
Subcommittee on Public Lands, Forests, and Mining held a
hearing on the bill on February 7, 2018.
The Committee on Energy and Natural Resources met in open
business session on October 2, 2018, and ordered S. 2560
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 S.
2062, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2062, the Committee adopted
an amendment to require any proceeds from property sales made
pursuant to the Act to be deposited in the fund established by
the Sisk Act (Public Law 90-171) and be made available for
acquisition of inholdings in national forests in Arizona,
rather than directing the proceeds to be used for hazardous
fuel reduction projects in the State.
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. Sale of land
Subsection (a) directs the Secretary to sell and quitclaim
all right, title, and interest of the United States in and to
the three parcels of land, as described on the map, ``Coronado
National Forest Land Conveyance Act of 2017'' to the permittees
on those parcels. The sale is subject to valid existing rights
and is to occur not later than 90 days after the request of a
permittee.
Subsection (b) authorizes the Secretary to set such terms
and conditions on the sale deemed in the public interest.
Subsection (c) requires the sale of a property to be for
cash equal to the fair market value of the property, as
determined by an appraisal.
Subsection (d) directs the Secretary to complete an
appraisal for each property, which will include the value of
any appurtenant easements and excludes the value of any private
improvements made by a permittee of the property before the
date of the appraisal. This subsection also specifies the
standards for an appraisal.
Subsection (e) directs the Secretary to pay for the cost of
the property's conveyance and appraisal.
Subsection (f) requires that proceeds from the sale of the
land be deposited in the fund established by the Sisk Act and
be made available for acquisition of inholdings in national
forests in Arizona without further appropriation.
Subsection (g) requires the Secretary to file maps and
legal descriptions of each parcel as soon as practicable;
specifies that the filed maps and legal descriptions shall have
the force of law; and requires the filed maps and legal
descriptions to be publically available in the Coronado
National Forest Supervisor's office.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
Three cabins in the Coronado National Forest in Arizona are
privately owned under special use permits from the Forest
Service that will expire in 2028. S. 2062 would direct the
Forest Service to convey the parcels of land that are
associated with the cabins (roughly 10 acres in total) at fair
market value if those owners wish to purchase the parcels. CBO
expects that under the bill, the owners would submit a request
to buy the available land.
S. 2062 would require the Forest Service to pay any costs
associated with the conveyances. Using information from the
agency, CBO estimates that those costs would be less than
$500,000; such spending would be subject to the availability of
appropriated funds.
Under current law, the permit holders pay annual fees to
the Forest Service, which are deposited into the Treasury. CBO
estimates that those fees, which are recorded in the budget as
offsetting receipts (or reductions in direct spending), will
total less than $100,000 over the 2019-2028 period. Because the
Forest Service has no plans to renew the permits when they
expire, CBO expects that the government will not collect any
such fees after 2028.
Under S. 2062, proceeds from the sale of the parcels would
be available without further appropriation to the Forest
Service to acquire inholdings (privately held land surrounded
by federal land) in national forests in Arizona. Those sale
proceeds would be recorded in the budget as offsetting receipts
and would be subsequently spent. If the Forest Service conveys
the parcels in the next few years under the bill, the annual
permit fees would no longer be collected. On net, CBO
estimates, enacting S. 2062 would result in an insignificant
increase in direct spending (from the forgone permit fees) over
the 2019-2028 period; therefore, pay-as-you-go procedures
apply. The bill would not affect revenues.
CBO estimates that enacting S. 2062 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2062 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. 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 S. 2062. 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. 2062, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2062, 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 Agriculture at
the February 7, 2018, hearing on S. 2062 follows:
Statement of Glenn Casamassa, Associate Deputy Chief, National Forest
System, U.S. Forest Service, United States Department of Agriculture
Chairman Lee, Ranking Member Wyden, members of the
Subcommittee, thank you for the opportunity to present the
views of the U.S. Department of Agriculture (USDA) regarding S.
2062--Oracle Cabins Conveyance Act of 2017. I am Glenn
Casamassa, Associate Deputy Chief for the National Forest
System (NFS), USDA Forest Service.
S. 2062 would require the Secretary of Agriculture to
convey three parcels of NFS land on the Coronado National
Forest in Arizona totaling approximately 9.5 acres to persons,
or their heirs, executors, or assigns, who hold valid permits
for use of the properties.
The USDA Forest Service has attempted to determine the
history of how these three cabins came to be built on the
Coronado National Forest, but has been unable to definitively
determine their origin. However, we can confirm they are not
located within an area designated for recreational cabins,
which would allow for long-term ownership of improvements and
occupation on a seasonal basis only. Because they do not fall
within the category of a recreational residence and because
they are being used as full-time residences, the type of
special use permit that has been issued for each of these three
cabins are for ``residence, privately owned building'', with a
current expiration date of 2028. We have explored a number of
potential solutions within our existing authorities. However,
each has downsides for either the permit holder or for balanced
and equitable management of the National Forest System.
Consequently, we appreciate Senator Flake's concerns about
this situation and his efforts to find a workable outcome for
the individuals involved and the USDA Forest Service. The
Forest Service is committed to finding a mutually agreeable
solution and intends to continue working with the individual
owners toward that end, within the parameters of applicable
agency policy and regulations.
Thank you again for the opportunity to testify on this bill
and I look forward to your questions at the appropriate time.
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 as ordered
reported.
[all]