[Senate Report 115-41]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 55
                                                        
115th Congress      }                                        {    Report
                                 SENATE
 1st Session        }                                        {    115-41

======================================================================

 
  CLARIFICATION TO THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER 
                     BASIN PARTNERSHIP ACT OF 2005

                                _______
                                

                  May 3, 2017.--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. 466]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 466) to clarify the description of 
certain Federal land under the Northern Arizona Land Exchange 
and Verde River Basin Partnership Act of 2005 to include 
additional land in the Kaibab National Forest, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 466 is to clarify the description of 
certain Federal land under the Northern Arizona Land Exchange 
and Verde River Basin Partnership Act of 2005 to include 
additional land in the Kaibab National Forest.

                          Background and Need

    S. 466 clarifies the description of one parcel of land that 
was authorized for conveyance in the Northern Arizona Land 
Exchange and Verde River Basin Partnership Act of 2005 (Public 
Law 109-110; 119 Stat. 2356). The 2005 legislation provided for 
the conveyance of 237.5 acres from the U.S. Forest Service 
(USFS) to Young Life for a camp near Williams, Arizona. 
Although the legislation described the 237.5-acre parcel 
(section 104(a)(5)), the map referenced in the same section 
erroneously depicted only 212.5 acres.
    The 2005 Act provided that ``in the case of any discrepancy 
between a map and legal description, the map shall prevail 
unless the Secretary and Yavapai Ranch agree otherwise.'' 
(Public Law 109-110, section 102(a)(4)(B)). Despite the 
statutory authority to reconcile the description with the map, 
the Secretary of Agriculture has taken the position that the 
USFS lacks the legal authority to convey more than the 212.5 
acres identified on the map. S. 466 amends the legal 
description to add the 25 acres and clarify that the USFS has 
the authority to convey the full 237.5 acres that was described 
in the text of the 2005 legislation.

                          Legislative History

    Senators Flake and McCain introduced S. 466 on January 5, 
2017.
    In the 114th Congress, Senators Flake and McCain introduced 
similar legislation, S. 1592, on June 17, 2015. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on the bill on October 8, 2015. On November 19, 2015, 
the Committee on Energy and Natural Resources met in open 
business session and ordered S. 1592 favorably reported without 
amendment.
    The measure was included in Amendment No. 3234, which the 
Senate agreed to on April 19, 2016, as an amendment to S. 2012, 
the Energy Policy Modernization Act of 2016, which the Senate 
passed, as amended, on April 20, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 466 
favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
466.

                      Section-by-Section Analysis

    Section 1 amends section 104(a)(5) of the Northern Arizona 
Land Exchange and Verde River Basin Partnership Act of 2005 
(Public Law 109-110; 119 Stat. 2356) to clarify that the 
description of the Federal land to be conveyed to Yavapai Ranch 
as part of the land exchange includes the 25 acres referenced 
in this section.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office: S. 466 would 
amend current law to clarify that the Secretary of Agriculture 
is authorized to convey about 238 acres of federal land to a 
summer camp in Arizona. Under current law, the Secretary is 
authorized to convey 212 acres to the camp.
    Based on information provided by the Forest Service, CBO 
estimates that implementing the legislation would not affect 
the federal budget. Because CBO expects that the acreage that 
could be conveyed under the bill would not generate any income 
over the next 10 years, enacting S. 466 would not affect direct 
spending. Enacting the bill also would not affect revenues; 
therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 466 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year period beginning in 2028.
    S. 466 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would modify the terms of a land exchange between the 
federal government and a private business, which would have a 
small incidental effect on property taxes collected by the 
state and local governments in Arizona. That effect, however, 
would not result from an intergovernmental mandate as defined 
in UMRA.
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs) and Jon Sperl (for intergovernmental 
mandates). The estimate was approved 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. 466. 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. 466, as ordered reported.

                   Congressionally Directed Spending

    S. 466, 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

    Because S. 466 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the USFS at 
the hearing before the Subcommittee on Public Lands, Forests, 
and Mining on October 8, 2015, follows:

 Statement of Glenn Casamassa, Associate Deputy Chief, National Forest 
      System, U.S. Forest Service, U.S. Department of Agriculture

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the views of the U.S. Department of 
Agriculture (USDA) regarding S. 414, S. 1592, and S. 2069.


 s. 1592, ``a bill to clarify the description of certain federal land 
    under the northern arizona land exchange and verde river basin 
   partnership act of 2005 to include additional land in the kaibab 
                           national forest''


    S. 1592 would authorize the Secretary of Agriculture to 
convey an additional 25 acres to Young Life Lost Canyon 
Organizational Camp. The Department can support enactment of S. 
1592, if a technical amendment is included that would provide 
an easement for a proposed extension for the Water Storage Tank 
Road.
    This legislation clarifies the Northern Arizona Land 
Exchange and Verde River Basin Partnership Act of 2005. The 
original Act authorized a land exchange with Yavapai Ranch and 
the United States that was not completed. The Act also 
authorized the sale of a parcel of National Forest System lands 
to Young Life Lost Canyon Organizational Camp on the Kaibab 
National Forest. The legislative map referenced by the Act for 
the Young Life private property showed an area of only 
approximately 212 acres to be conveyed, instead of the 
approximately 237.5 acres stated in the Act. The area shown on 
the legislative map excluded a particular 25-acre parcel. 
Because the legislative map controlled over the reference to 
approximately 237.5 acres, the Act did not authorize conveyance 
of the 25-acre parcel excluded by the map. S. 1592 was 
introduced to clarify that conveyance of the 25-acre parcel is 
also authorized, allowing the United States to convey a total 
of approximately 237.5 acres to Young Life.
    In summary, S. 1592 would resolve the disparity between the 
legislative map and the total acreage authorized for 
conveyance, allowing the Secretary to proceed with the direct 
sale of a total of approximately 237.5 acres to Young Life Lost 
Canyon Organizational Camp. In order to ensure agreement 
between the acreage and the legal description, the Agency is 
willing to provide additional technical assistance to the 
Committee, and wants to work with the Committee to include the 
easement for the Water Tank Road Extension.
    We look forward to working with the Committee and the 
Sponsor to resolve these issues.
    This concludes my remarks. I would be happy to answer any 
questions. Thank you for the opportunity to testify.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP ACT OF 
2005

           *       *       *       *       *       *       *



SEC. 104. DESCRIPTION OF FEDERAL LAND.

    (a) In General.--The Federal land referred to in this title 
consists of the following:
    * * *
          (5) Certain land located in the Kaibab National 
        Forest, comprising approximately 237.5 acres, as 
        generally depicted on the map entitled ``Yavapai Ranch 
        Land Exchange, Younglife Lost Canyon'', dated August 
        2004, which, notwithstanding section 102(a)(4)(B), 
        includes the N 1/2, NE 1/4, SW 1/4, SW 1/4, the N 1/2, 
        N 1/2, SE 1/4, SW 1/4, and the N 1/2, N 1/2, SW 1/4, SE 
        1/4, sec. 34, T. 22 N., R. 2 E., Gila and Salt River 
        Meridian, Coconino County, comprising approximately 25 
        acres.

           *       *       *       *       *       *       *