[Senate Report 115-367]
[From the U.S. Government Publishing Office]
Calendar No. 654
115th Congress } { Report
SENATE
2d Session } { 115-367
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CUSTER COUNTY AIRPORT CONVEYANCE ACT
_______
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. 2297]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2297) to direct the Secretary of
Agriculture to transfer certain National Forest System land to
Custer County, South Dakota, 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 4, strike lines 3 through 7.
2. On page 4, line 8, strike ``(h)'' and insert ``(g)''.
3. On page 4, strike lines 14 through 19 and insert the
following:
(h) Proceeds From the Sale of Land.--Any proceeds received
by the Secretary from the conveyance under subsection (a) shall
be--
(1) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484(a)); and
(2) available to the Secretary until expended,
without further appropriation, for the acquisition of
inholdings in units of the National Forest System in
the State of South Dakota.
PURPOSE
The purpose of S. 2297 is to direct the Secretary of
Agriculture (Secretary) to transfer certain National Forest
System land to Custer County, South Dakota.
BACKGROUND AND NEED
The Custer County airport is a small, municipal public
airport located in southwest South Dakota, just a few miles
outside of Custer, South Dakota. The airport is surrounded on
three sides by rural, residential areas, and on a fourth side
by an industrial area. The runway of the Custer County Airport,
and part of the area at the end of the runway (the Runway
Protection Zone), is located in the Black Hills National
Forest.
Through an existing special use permit, the Custer County
Airport uses approximately 65.7 acres of National Forest System
land. Custer County seeks to have full ownership of all of the
acres the airport occupies. Conveying the lands would allow
Custer County to have greater flexibility in operating the
airport facilities and enable its future expansion to better
serve the community.
S. 2297 authorizes the U.S. Forest Service to convey to
Custer County the approximately 65.7 acres of National Forest
System land covered by the special use permit at fair market
value.
LEGISLATIVE HISTORY
S. 2297 was introduced by Senators Thune and Rounds on
January 11, 2018. The Subcommittee on Public Lands, Forests,
and Mining, held a hearing on S. 2297 on August 22, 2018.
Representative Noem introduced companion legislation, H.R.
4781, in the House of Representatives on January 11, 2018. The
bill was referred to the Natural Resources Committee.
The Senate Committee on Energy and Natural Resources met in
open business session on October 2, 2018, and ordered S. 2297
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.
2297, if amended as described herein.
COMMITTEE AMENDMENTS
The Committee adopted two technical amendments and one
substantive amendment to clarify that the land sale proceeds
shall be deposited in a fund established under the Sisk Act (16
U.S.C. 484a) and used to purchase inholdings in units of the
National Forest System in South Dakota.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
Section 1 provides a short title.
Sec. 2. Definitions
Section 2 provides key definitions.
Sec. 3. Land conveyance
Subsection (a) directs the Secretary to convey
approximately 65.7 acres of National Forest System land to
Custer County, South Dakota, if the County offers the fair
market value for the land.
Subsection (b) provides terms and conditions for the
conveyance.
Subsection (c) directs the Secretary to conduct an
appraisal of the land within 60 days of the Act's enactment, in
accordance with the Uniform Appraisal Standards for Federal
Land Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
Subsection (d) requires the Forest Service to make the map
publically available and authorizes the Secretary to correct
any errors in the map.
Subsection (e) directs the County to pay the fair market
value for the land, as determined by the appraisal.
Subsection (f) requires the acreage and legal description
of the land to be conveyed to be determined by a survey that is
satisfactory to the Secretary.
Subsection (g) requires as a condition of the conveyance
that the County pay all costs associated with carrying out the
conveyance.
Subsection (h) directs the land sale proceeds to be
deposited in a fund under the Sisk Act and requires those funds
to be available to the Secretary to acquire inholdings in units
of the National Forest System in South Dakota.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 2297 would direct the Forest Service to convey roughly
66 acres of federal land to Custer County, South Dakota, at
fair market value if the county submits a request to purchase
the land. CBO expects that under the bill, the county would
submit such a request.
Because the bill would require Custer County to pay all
costs associated with the conveyance, CBO estimates that
implementing the bill would have no significant effect on
spending subject to appropriation.
According to the Forest Service, the affected land
currently produces no income from mineral or geothermal leasing
or from timber production, and the Forest Service does not
expect any such income in the future. Under the bill, proceeds
from the conveyance (which would be recorded in the budget as
offsetting receipts, or reductions in direct spending) would be
available to the Forest Service to spend without further
appropriation. Based on land values for similar tracts in
Custer County, CBO estimates that those receipts would total
less than $500,000 and would be offset by an expenditure
thereafter; thus, CBO estimates that the net effect on direct
spending would be negligible.
Because enacting S. 2297 would affect direct spending, pay-
as-you-go procedures apply. The bill would not affect revenues.
CBO estimates that enacting S. 2297 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2297 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. 2297. 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. 2297, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2297, 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 August 22, 2018, hearing on S. 2297 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.
2297--Custer County Airport Conveyance Act. I am Glenn
Casamassa, Associate Deputy Chief for the National Forest
System (NFS), USDA Forest Service.
S. 2297 would convey, for market value consideration, all
right, title, and interest in approximately 65.7 acres of
National Forest System land on the Black Hills National Forest
to Custer County, South Dakota for the continued operation of
the Custer County Regional Airport.
USDA supports S. 2297. Airport infrastructure authorized
under a special use permit currently occupies the subject NFS
lands which are consequently not generally available for NFS
multiple use purposes. Conveying the lands would allow Custer
County greater flexibility in operating the facility which
provides an important service to residents and visitors in
western South Dakota.
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.