[House Report 106-256]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-256
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OLD JICARILLA ADMINISTRATIVE SITE
_______
July 26, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 695]
[Including Cost Estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 695) to direct the Secretary of Agriculture and the
Secretary of the Interior to convey an administrative site in
San Juan County, New Mexico, to San Juan College, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. OLD JICARILLA ADMINISTRATIVE SITE.
(a) Conveyance of Property.--Not later than one year after the date
of completion of the survey referred to in subsection (b), the
Secretary of the Interior shall convey to San Juan College, in
Farmington, New Mexico, subject to the terms, conditions, and
reservations under subsection (c), all right, title, and interest of
the United States in and to a parcel of real property (including any
improvements on the land) not to exceed 20 acres known as the ``Old
Jicarilla Site'' located in San Juan County, New Mexico (T29N; R5W;
portions of sections 29 and 30).
(b) Description of Property.--The exact acreage and legal description
of the real property conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary of the Interior, the
Secretary of Agriculture, and the President of San Juan College. The
cost of the survey shall be borne by San Juan College.
(c) Terms, Conditions, and Reservations.--
(1) Notwithstanding exceptions of application under the
Recreation and Public Purposes Act (43 U.S.C. 869(c)),
consideration for the conveyance described in subsection (a)
shall be--
(A) an amount that is consistent with the Bureau of
Land Management special pricing program for
Governmental entities under the Recreation and Public
Purposes Act; and
(B) an agreement between the Secretaries of the
Interior and Agriculture and San Juan College
indemnifying the Government of the United States from
all liability of the Government that arises from the
property.
(2) The lands conveyed by this Act shall be used for
educational and recreational purposes. If such lands cease to
be used for such purposes, at the option of the United States,
such lands will revert to the United States.
(3) The Secretary of Agriculture shall identify any
reservations of rights-of-way for ingress, egress, and
utilities as the Secretary deems appropriate.
(4) The conveyance described in subsection (a) shall be
subject to valid existing rights.
(d) Land Withdrawals.--Public Land Order 3443, only insofar as it
pertains to lands described in subsections (a) and (b), shall be
revoked simultaneous with the conveyance of the property under
subsection (a).
PURPOSE OF THE BILL
The purpose of H.R. 695 is to direct the Secretary of
Agriculture and the Secretary of the Interior to convey an
administrative site in San Juan County, New Mexico, to San Juan
College.
BACKGROUND AND NEED FOR LEGISLATION
The 20-acre ``Old Jicarilla Site'' is located in the Carson
National Forest near the town of Gobernador, New Mexico, and is
managed by the Forest Service and the Bureau of Land
Management. The Forest Service has determined that this site is
of no further use because it moved its operations to a new
administrative facility in Bloomfield, New Mexico, several
years ago. In fact, the site has been unoccupied since that
time.
San Juan College in Farmingham, New Mexico, has expressed
an interest in acquiring this site for continued public use,
specifically for educational and recreational purposes.
As the Forest Service and the Bureau of Land Management do
not have the authority to convey this land, Congressional
action is necessary to approve a conveyance.
COMMITTEE ACTION
Congressman Tom Udall (D-NM) introduced H.R. 695 on
February 10, 1999. The bill was referred to the Committee on
Resources and within the Committee to both the Subcommittee on
National Parks and Public Lands and the Subcommittee on Forests
and Forest Health. The Subcommittee on Forests and Forest
Health held a hearing on the bill on June 17, 1999. Congressman
Udall testified and the U.S. Forest Service was in attendance.
On June 30, 1999, the Committee on Resources met to consider
the bill. The Subcommittee on National Parks and Public Lands
and the Subcommittee on Forests and Forest Health were
discharged by unanimous consent from further consideration of
H.R. 695. Congressman Udall offered an amendment in the nature
of a substitute that made technical corrections to the bill. It
was adopted by voice vote. The bill, as amended, was then
ordered favorably reported to the House of Representatives by
voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 695 would increase offsetting receipts by
less than $1000.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 8, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 695, a bill to
direct the Secretary of Agriculture and the Secretary of the
Interior to convey an administrative site in San Juan County,
New Mexico, to San Juan College.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria
Heid Hall (for federal costs) and Marjorie Miller (for the
state and local impact.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 695--A bill to direct the Secretary of Agriculture and the
Secretary of the Interior to convey an administrative site in
San Juan County, New Mexico, to San Juan College
H.R. 695 would direct the Secretaries of Agriculture and
the Interior to convey to San Juan College in Farmington, New
Mexico, up to 20 acres of federal property, including
improvements on the land. As consideration for the conveyance,
the bill would require San Juan College to pay an amount
consistent with the Bureau of Land Management's special pricing
program for governmental entities under the Recreation and
Public Purposes Act, and to indemnify the federal government
from all liability arising from the property.
CBO estimates that enacting H.R. 695 would have no
significant impact on the federal budget. Based on information
from the Forest Service and San Juan College, we estimate that
the college would pay less than $1,000 to acquire the property,
including improvements. The agencies do not have any plans to
sell the land under current law. Because H.R. 695 would
increase offsetting receipts, pay-as-you-go procedures would
apply; however, we estimate that the impact on direct spending
would be negligible.
H.R. 695 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA), but the costs of
that mandate would be far less than the threshold established
by that act ($50 million per year in 1996, adjusted annually
for inflation). The bill would require San Juan College, a
public institution, to pay for a survey of the property to be
conveyed. CBO estimates that this mandate would not impose
substantial costs on the college. Any other costs that the
college might incur as a result of this bill would be
voluntary. H.R. 695 contains no new private-sector mandates as
defined in UMRA.
The CBO staff contacts are Victoria Heid Hall (for federal
costs) and Majorie Miller (for the state and local impact).
This estimate was approved by Robert A. Sunshine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates above the threshold
established by Public Law 104-4.
preemption of state, local or tribal law
This bill is not intended to preempt any State, local or
tribal law.
changes in existing law
If enacted, this bill would make no changes in existing
law.