[Senate Report 117-155]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 498
117th Congress        }                             {       Report
                                 SENATE
 2d Session           }                             {       117-155

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               ARIZONA EXPERIMENT STATION LAND CONVEYANCE

                                _______
                                

               September 21, 2022.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1631]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1631), to authorize the Secretary of 
Agriculture to convey certain National Forest System land in 
the State of Arizona to the Arizona Board of Regents, and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.

                               AMENDMENTS

    The amendments are as follows:
    1. On page 1, line 5, strike ``2021'' and insert ``2022''.
    2. On page 2, line 20, strike ``for the conveyance of the 
Federal land,'' and insert ``to acquire the Federal land for 
market value, as determined by the appraisal conducted under 
subsection (d),''.
    3. Beginning on page 3, strike line 15 and all that follows 
through page 4, line 9, and insert the following:
    (d) Appraisal.--
          (1) In general.--Not later than 90 days after the 
        date on which the University submits a written request 
        under subsection (a), the Secretary shall complete an 
        appraisal to determine the market value of the Federal 
        land.
          (2) Standards.--The appraisal under paragraph (1) 
        shall be conducted in accordance with--
                  (A) the Uniform Appraisal Standards for 
                Federal Land Acquisitions; and
                  (B) the Uniform Standards of Professional 
                Appraisal Practice.

                                PURPOSE

    The purpose of S. 1631 is to authorize the Secretary of 
Agriculture to convey approximately 13.3 acres of National 
Forest System land in the State of Arizona to the Arizona Board 
of Regents, to be administered as part of the University of 
Arizona's Arizona Experiment Station.

                          BACKGROUND AND NEED

    The V-V Ranch is a livestock and natural resource research 
ranch within the Arizona Experiment Station program at the 
University of Arizona. In total, the research ranch is 
comprised of 43 acres owned by the university and provides 
access to 71,000 acres of rangeland for approximately 540 
cattle. In the future, this ranch headquarters will also 
include a new teaching facility for the University's College of 
Veterinary Medicine.
    The university bought the ranch in 1995 assuming it had 
acquired clear title to the full ranch footprint. Between 1995 
and 2015, the University built a shop and dormitory building, 
erected several portable buildings for office and employee 
living quarters, and expanded the cattle holding facilities 
under the assumption of ownership.
    After reviewing boundary surveys in 2015, the Coconino 
National Forest notified the University that 13.3 acres of the 
ranch, on which the ranch's headquarters are located, are 
National Forest System lands. The Forest Service notified the 
University that it is in a state of ``unauthorized occupancy,'' 
and requested the University obtain a special use permit to 
continue operating its privately owned ranch quarters. The 
University decided it was in its best interest to own the land 
outright in order to continue the uninterrupted operations of 
the ranch, and allow the university full discretion over 
infrastructure investments and maintenance without the 
constraints of a special use permit from the Forest Service.
    As ordered reported, S. 1631 authorizes the University to 
purchase the 13.3-acre parcel from the Forest Service for the 
appraised value of the land.

                          LEGISLATIVE HISTORY

    Senators Kelly and Sinema introduced S. 1631 on May 13, 
2021. The Subcommittee on Public Lands, Forests, and Mining 
National Parks held a hearing on the bill on October 19, 2021.
    In the 116th Congress, Congressman Grijalva and Senators 
McSally and Sinema introduced similar bills, H.R. 7099 and S. 
2419. These bill provided for a land exchange between the 
University of Arizona and the Forest Service. H.R. 7099 was 
reported by the Committee on Natural Resources on December 15, 
2020 (H. Rept. 116-650), but no further action was taken on the 
bill.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 3, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1631, as 
amended as described herein.

                          COMMITTEE AMENDMENTS

    At its business meeting on May 3, 2022, the Committee 
adopted amendments that change the date in the short title from 
2021 to 2022, and require the University of Arizona to pay fair 
market value for the Federal land, as determined by an 
appraisal.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title of the Act, the 
``Arizona Experiment Station Land Conveyance Act of 2022.''

Section 2. Definitions

    Section 2 defines key terms used in the bill.

Section 3. Coconino National Forest land conveyance

    Section 3(a) authorizes the conveyance of 13.3 acres to the 
University of Arizona, if the University submits a written 
request to the Secretary of Agriculture to acquire the Federal 
land for market value as determined by an appraisal, and 
requires the Secretary to convey the land no later than one 
year after the date of enactment.
    Subsection (b) states that the land conveyance shall be 
subject to valid existing rights, but notwithstanding any 
previously enacted conflicting provisions, and authorizes the 
Secretary to include any other terms and conditions considered 
appropriate.
    Subsection (c) states that the Secretary shall retain all 
other rights included in the conveyance to a portion of Forest 
Service Road 9201D, including the maintenance and 
administrative access to the road.
    Subsection (c) requires the Secretary to complete an 
appraisal within 90 days after the University submits a written 
request. The appraisal shall determine the market value of the 
land and be conducted according to the Uniform Appraisal 
Standards for Federal Land Acquisition and the Uniform 
Standards of Professional Appraisals Practices.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 1631 would direct the Forest Service to convey 13.3 
acres of federal land in Coconino National Forest to the 
University of Arizona if the university requests to acquire the 
land at market value. For this estimate, CBO assumes that the 
university would offer to acquire the land.
    Proceeds from the conveyance would be classified in the 
budget as offsetting receipts, which are recorded as reductions 
in direct spending. Using information on land values in nearby 
areas, CBO estimates that any proceeds would total less than 
$500,000 and would thus reduce direct spending by the same 
amount over the 2022-2032 period.
    Based on the costs of similar tasks, CBO estimates that any 
costs incurred by the Forest Service to conduct an appraisal 
and finalize the conveyance would be insignificant; any 
spending would be subject to the availability of appropriated 
funds.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of 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. 1631. 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. 1631, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1631, 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 October 19, 2021, hearing on S. 1631 follows:

   Statement of Christopher B. French, Deputy Chief for the National 
             Forest System, U.S. Department of Agriculture

    S. 1631, the Arizona Experiment Station Land Conveyance Act 
of 2021, directs the Forest Service to convey 13.3 acres of NFS 
lands as well as an easement on Forest Service Road 9201D to 
the Arizona Board of Regents. The Forest Service is aware that 
this request stems from ongoing complexities in managing a 
University of Arizona Experiment Station (Station) through a 
term grazing permit. The Station is a benefit to everyone, 
especially the grazing industry, and USDA is committed to 
helping the station thrive. We would like to work with the 
Station and bill sponsor to explore alternatives for meeting 
the intent of this Act.
    A primary objective of the Forest Service land adjustment 
program is to achieve a land ownership pattern that provides 
for the protection and best management of NFS resources. 
Conveyance of this tract would create an isolated parcel of 
private land, or inholding, within the Coconino National 
Forest, which is not consistent with the Forest Service policy 
and direction to consolidate NFS lands within a forest unit. 
Should the Arizona Board of Regents choose to sell the property 
in the future, the Forest Service would be obligated to try to 
purchase it again to fulfill the intent of the land management 
program and to minimize encroachment on NFS lands.
    We look forward to working with the Station and bill 
sponsor to explore ways to support this important research 
asset while providing for the best management of the national 
forest.
    That concludes my testimony, Madam Chair. I would be happy 
to answer any questions you or the other members have for me.

                        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 S. 1636 as ordered 
reported.

                                  [all]