[House Report 106-261]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-261
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TERRY PEAK LAND TRANSFER ACT OF 1999
_______
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. 2079]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2079) to provide for the conveyance of certain National
Forest System lands in the State of South Dakota, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2079 is to require the conveyance of
certain National Forest System lands in the State of South
Dakota.
BACKGROUND AND NEED FOR LEGISLATION
The Terry Peak Ski Area (Terry Peak) is situated in
Lawrence County, South Dakota, and is near the communities of
Deadwood and Lead. Ninety percent of the land on which Terry
Peak is located is privately owned; 10 percent of the land is
federally owned and administered by the U.S. Forest Service as
part of the Black Hills National Forest (BHNF).
The Terry Peak Ski Area comprises approximately 41 acres
and has been permitted to Terry Peak pursuant to Section 3 of
the National Forest Ski Area Permit Act of 1986. Substantial
improvements unique to Terry Peak's operation have also been
made to the land. According to the U.S. Forest Service the land
is no longer considered useful to its mission and results in
significant administrative costs.
The Forest Service has been engaged in conversations with
officials of Terry Peak regarding their purchase of the BHNF
land. There is broad public support for the transaction. In
addition to Terry Peak, the transaction is supported by the
following interested groups: the Black Hills Group of the
Sierra Club; the Deadwood Area Chamber of Commerce; the
Lawrence County Commissioners; the Lead Area Chamber of
Commerce; the Terry Peak Lodge Homeowners Association; and the
Terry Valley Landowners Association.
The Forest Service does not have administrative authority
to convey the BHNF-administered land to Terry Peak; authority
to do so must be granted by Congress. H.R. 2079 authorizes the
conveyance of this land to Terry Peak at fair market value. The
funds received by the Forest Service are to be used to acquire
additional lands for inclusion in the BHNF. The conveyance is
subject to all valid existing rights.
COMMITTEE ACTION
H.R. 2079 was introduced on June 8, 1999, by Congressman
John Thune (R-SD). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On June 17, 1999, the Subcommittee
held a hearing on the bill, where Congressman Thune and the
U.S. Forest Service testified in support of H.R. 2079. On June
30, 1999, the Full Resources Committee met to consider the
bill. The Subcommittee on Forests and Forest Health was
discharged by unanimous consent from further consideration of
the bill. No amendments were offered and the bill 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,
this bill would ``not have a significant impact on the federal
budget.'' It would generate offsetting receipts from the sale
of the 41 acres to the Terry Peak Ski Area of approximately
$125,000, but the Forest Service would then spend those funds
to acquire other lands. In addition, because Terry Peak would
no longer pay annual fees on the land, there would be a small
loss of receipts to the federal government (less than $10,000
each year).
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 7, 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. 2079, the Terry
Peak Land Conveyance Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Victoria Heid
Hall.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
H.R. 2079--Terry Peak Land Conveyance Act of 1999
CBO estimates that implementing H.R. 2079 would not have a
significant impact on the federal budget. Because H.R. 2079
would affect direct spending, pay-as-you-go procedures would
apply; however, we estimate that the effect on direct spending
would be insignificant. This bill would impose no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
H.R. 2079 would direct the Secretary of Agriculture to
convey about 41 acres in the Black Hills National Forest, South
Dakota, to the Terry Peak Ski Area. The bill provides that the
conveyance be at fair market value. The cost to appraise the
land would be paid by the ski area. H.R. 2079 would give the
Secretary the authority to spend any money from the sale to
acquire replacement land for the Black Hills National Forest.
Based on information from the Forest Service, CBO estimates
that selling the land to the ski area would generate new
offsetting receipts (a credit against direct spending) of less
than $125,000. The agency would subsequently spend those funds
to acquire other land. The sale receipts and subsequent
spending would net to zero over the 2000-2004 period. The ski
area currently pays annual fees to the Forest Service for use
of the land, and the Forest Service shares those receipts with
the state of South Dakota. Thus, conveying the land to the ski
area would result in both a loss of income from fees and lower
payments to the state. We expect that the net loss to the
federal government would total less than $10,000 each year.
On July 7, 1999, CBO prepared a cost estimate for S. 953,
the Terry Peak Land Conveyance Act of 1999, as ordered reported
by the Senate Committee on Energy and Natural Resources on June
30, 1999. The two bills are identical, as are the two cost
estimates.
The CBO staff contact is Victoria Heid Hall. 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.
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.