[Senate Report 118-144]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 296
118th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {     118-144

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     PLEASANT VALLEY RANGER DISTRICT ADMINISTRATIVE SITE CONVEYANCE

                                _______
                                

               December 20, 2023.--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. 1015]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1015) to require the Secretary of 
Agriculture to convey the Pleasant Valley Ranger District 
Administrative Site to Gila County, Arizona, having considered 
the same, reports favorably thereon with an amendment, in the 
nature of a substitute, and recommends that the bill, as 
amended, do pass.

                               AMENDMENT

    Strike all after the enacting clause and insert the 
following:

SECTION 1. CONVEYANCE OF PLEASANT VALLEY RANGER DISTRICT ADMINISTRATIVE 
                    SITE TO GILA COUNTY, ARIZONA.

    (a) Definitions.--In this section:
          (1) County.--The term ``County'' means Gila County, Arizona.
          (2) Map.--The term ``map'' means the map entitled ``Pleasant 
        Valley Admin Site Proposal'' and dated September 24, 2021.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.
    (b) Conveyance Required.--Subject to this section, if the County 
submits to the Secretary a written request for conveyance of the 
property described in subsection (c), not later than 180 days after the 
date of enactment of this Act, the Secretary shall convey to the County 
all right, title, and interest of the United States in and to the 
property described in subsection (c).
    (c) Description of Property.--
          (1) In general.--The property referred to in subsection (b) 
        is the parcel of real property, including all land and 
        improvements, generally depicted as ``Gila County Area'' on the 
        map, consisting of approximately 232.9 acres of National Forest 
        System land located in the Tonto National Forest in Arizona.
          (2) Map.--
                  (A) Minor errors.--The Secretary may correct minor 
                errors in the map.
                  (B) Availability.--A copy of the map shall be on file 
                and available for public inspection in the appropriate 
                offices of the Forest Service.
          (3) Survey.--The exact acreage and legal description of the 
        National Forest System land to be conveyed under subsection (b) 
        shall be determined by a survey satisfactory to the Secretary.
    (d) Terms and Conditions.--The conveyance under subsection (b) 
shall be--
          (1) subject to valid existing rights;
          (2) made without consideration;
          (3) made by quitclaim deed; and
          (4) subject to such other terms and conditions as the 
        Secretary considers to be appropriate.
    (e) Costs of Conveyance.--As a condition of the conveyance under 
subsection (b), the County shall pay all costs associated with the 
conveyance, including the cost of--
          (1) a survey, if necessary, under subsection (c)(3); and
          (2) any analysis, review, or resource survey required under 
        Federal law.
    (f) Environmental Conditions.--Notwithstanding section 120(h)(3)(A) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall 
not be required to provide any covenant or warranty for the land and 
improvements conveyed to the County under subsection (b).
    (g) Use of Land; Reversion.--
          (1) Use of land.--The land and improvements conveyed to the 
        County under subsection (b) shall be used by the County only 
        for the purpose of providing recreational and other services to 
        veterans of the Armed Forces.
          (2) Reversion.--If any land conveyed to the County under 
        subsection (b) ceases to be used for the purposes described in 
        paragraph (1), all right, title, and interest in and to the 
        land may, at the discretion of the Secretary, revert to the 
        United States.

                                PURPOSE

    The purpose of S. 1015 is to require the Secretary of 
Agriculture to convey the Pleasant Valley Ranger District 
administrative site in the Tonto National Forest in Arizona to 
Gila County, Arizona, to provide recreational and other 
services to veterans of the Armed Forces.

                          BACKGROUND AND NEED

    In 2016 the Tonto National Forest moved its administrative 
facility in the Pleasant Valley Ranger District to a new 
administrative site near Payson, Arizona. The Pleasant Valley 
site includes 17 buildings spread over 230 acres of National 
Forest lands. The facility includes the Pleasant Valley Ranger 
Station, which was built in 1919 and is listed on the National 
Register of Historic Places.
    Gila County, Arizona seeks to acquire a portion of the site 
to build a veteran's retreat and community center and related 
uses, including as a mobile veterans' clinic for veterans who 
lack access to VA medical care in the area.
    In July 2021, the Forest Service issued Gila County a 
special use permit to construct a camp and provide related 
maintenance. S. 1015 would convey the approximately 233 acres 
of National Forest System land covered by the special use 
permit to the county, without consideration, with a requirement 
that the land be used to serve Veterans of the Armed Forces.
    Although the Forest Service has statutory authority to 
convey unneeded administrative sites under the Forest Service 
Facility Realignment and Enhancement Act (Title V of Public Law 
109-54; 16 U.S.C. 580d note), legislation is necessary because 
the existing authority limits the conveyance to no more than 40 
acres and requires payment of the fair market value of the 
site.

                          LEGISLATIVE HISTORY

    S. 1015 was introduced by Senators Kelly and Sinema on 
March 28, 2023. The Subcommittee on Public Lands, Forests, and 
Mining held a hearing on S. 1015 on July 12, 2023. Companion 
legislation, H.R. 1829, was introduced in the House of 
Representatives on March 28, 2023, by Representative Crane.
    Similar legislation, S. 2893, was introduced in the 117th 
Congress by Senators Kelly and Sinema on September 29, 2021. 
Companion legislation in the 117th House of Representatives, 
H.R. 5409, was introduced by Representative Gosar on September 
29, 2021. No further action was taken on these bills.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 1015, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1015, the committee adopted 
an amendment in the nature of a substitute. The amendment 
incorporates technical edits provided by the Forest Service and 
makes other clarifying and confirming changes. The amendment 
also added a reversionary clause requiring that the County use 
the conveyed land only for the purposes of providing 
recreational or other services to veterans of the Armed Forces.

                                SUMMARY

    S. 1015 conveys approximately 232.9 acres of National 
Forest System land located in the Tonto National Forest to Gila 
County, Arizona. The conveyance is subject to valid existing 
rights, made by quitclaim deed and without consideration, and 
subject to any other terms the Chief of the Forest Service 
deems necessary. Gila County is responsible for all costs 
associated with the transfer, including any required 
environmental analysis. The bill includes a reversionary clause 
requiring the land only be used to provide recreational and 
other services to Veterans of the Armed Forces.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 1015 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      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. 1015. 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. 1015, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1015, 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 Forest Service at the July 
12, 2023, hearing on S. 1015 follows:

  Testimony of Chris French, Deputy Chief United States Department of 
                       Agriculture Forest Service


   s. 1015, ``to require the secretary of agriculture to convey the 
  pleasant valley ranger district administrative site to gila county, 
                               arizona''


    S. 1015 would authorize a land conveyance between the USDA 
Forest Service, Tonto National Forest and Gila County, Arizona. 
The conveyance would be required if requested within 180 days 
after enactment of the bill. The bill would establish the terms 
for the conveyance as well as conditions for reversion of the 
conveyance.
    The Tonto National Forest is currently using a portion of 
the administrative site that consists of a fire warehouse, 
helipads, and a fenced parking/storage area as depicted on the 
legislative map as ``USFS Area.'' The remainder of the 
administrative site depicted as ``Gila County Area'' is 
currently under a special use permit as a term lease and the 
Tonto National Forest does not have existing plans to use it in 
the future. Transferring the site should not impact the 
Forest's administrative or firefighting capacity, and executing 
the transfer is unlikely to impede the Forest and the Agency's 
ability to serve the public.
    This bill would include several provisions related to the 
transfer. The action to initiate the transfer is clearly 
described, and the parcel for transfer is identified through a 
legislative map. All of the costs of conveyance are to be borne 
by the recipient of the transfer, and the agency is not 
required to provide a covenant or warranty with respect to 
environmental conditions under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980. Finally, the 
interest of the public and government are protected though the 
reversion clause; should the land cease to be used for the 
purpose identified in the legislation, the ownership reverts 
back to the USDA Forest Service.
    The USDA supports S. 1015, as a straightforward and 
commonsense solution to provide Gila County Arizona with a 
facility that they can use to provide services to veterans, but 
would like to work with the committee to ensure historic 
resources are protected as the agency complies with section 106 
of the National Historic Preservation Act and to provide the 
Secretary with some oversight authority should the reversionary 
clause be utilized and the parcel to return to federal 
ownership.


                        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. 1015 as ordered 
reported.

                                  [all]