[House Report 106-816]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-816
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BLACK HILLS NATIONAL FOREST AND ROCKY MOUNTAIN RESEARCH STATION
IMPROVEMENT ACT
_______
September 6, 2000.--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. 4226]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4226) to authorize the Secretary of Agriculture to sell
or exchange all or part of certain administrative sites and
other land in the Black Hills National Forest and to use funds
derived from the sale or exchange to acquire replacement sites
and to acquire or construct administrative improvements in
connection with the Black Hills National Forest, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Hills National Forest and Rocky
Mountain Research Station Improvement Act''.
SEC. 2. SALE OR EXCHANGE OF LAND, BLACK HILLS NATIONAL FOREST, SOUTH
DAKOTA.
(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary'') may, under such terms and conditions as
the Secretary may prescribe, sell or exchange any right, title, and
interest of the United States in and to the approximately 362 acres
contained in the following parcels of land in the State of South
Dakota:
(1) Tract BLKH-1 ``Spearfish Dwelling'' (approximately 0.24
acres); N\1/2\ of Lot 8 and Lot 9 of Block 16, Section 10, T6N,
R2E, Black Hills Meridian.
(2) Tract BLKH-2 ``Deadwood Garage'' (approximately 0.12
acres); Lots 9 and 11 of Block 34, Section 23, T5N, R3E, Black
Hills Meridian.
(3) Tract BLKH-3 ``Deadwood Dwellings'' (approximately 0.32
acres); Lots 12-16, inclusive, of Block 44, Section 23, T5N,
R3E, Black Hill Meridian.
(4) Tract BLKH-4 ``Hardy Work Center'' (approximately 150
acres); E\1/2\SW\1/4\SE\1/4\, SE\1/4\SE\1/4\, Section 19; NE\1/
4\NW\1/4\NE\1/4\, E\1/2\NE\1/4\SE\1/4\, E\1/2\SE\1/4\NE\1/4\,
NE\1/4\NE\1/4\, Section 30, T3N, R1E, Black Hills Meridian.
(5) Tract BLKH-6 ``Pactola Work Center'' (approximately 100
acres); W\1/2\SW\1/4\NW\1/4\, W\1/2\NW\1/4\SW\1/4\, W\1/2\SW\1/
4\SW\1/4\, SE\1/4\SW\1/4\SW\1/4\, Section 25; E\1/2\NE\1/
4\SE\1/4\, SE\1/4\SE\1/4\NE\1/4\, Section 26, T2N, R5E, Black
Hills Meridian.
(6) Tract BLKH-7 ``Pactola Ranger District Office''
(approximately 8.25 acres); Lot 1 of Ranger Station
Subdivision, Section 4, T1N, R7E, Black Hills Meridian.
(7) Tract BLKH-8 ``Reder Administrative Site'' (approximately
82 acres); Lots 6 and 7, Section 29; Lot A of Reder Placer, Lot
19, NW\1/4\SE\1/4\NE\1/4\, Section 30, T1S, R5E, Black Hills
Meridian.
(8) Tract BLKH-9 ``Allen Gulch Properties'' (approximately 21
acres); Lot 14 less and except Tract STA #0029, Section 25, and
Lot 1, Section 36, T1S, R4E, Black Hills Meridian.
(9) Tract BLKH-10 ``Custer Ranger District Office''
(approximately 0.39 acres); Lots 4 and 9 of Block 125 and the
East 15 feet of the vacated north/south alley adjacent to Lot
4, City of Custer, Section 26, T3S, R4E, Black Hills Meridian.
(b) Technical Corrections.--The Secretary may make technical
corrections to the legal descriptions in paragraphs (1) through (9) of
subsection (a).
(c) Applicable Authorities.--Except as otherwise provided in this
section, any sale or exchange of land described in subsection (a) shall
be subject to laws (including regulations) applicable to the conveyance
and acquisition of land for National Forest System purposes.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept cash equalization payments in excess of 25
percent of the total value of the land described in subsection (a) from
any exchange under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--In carrying out this section, the Secretary
may use solicitations of offers for sale or exchange under this
section on such terms and conditions as the Secretary may
prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(f) Disposition of Funds.--Any funds received by the Secretary from a
sale under this section or as cash equalization payments from an
exchange under this section--
(1) shall be deposited into the fund established by Public
Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C.
484a); and
(2) shall be available for expenditure, on appropriation,
for--
(A) the acquisition from willing sellers of land and
interests in land in the State of South Dakota; and
(B) the acquisition or construction of administrative
improvements in connection with the Black Hills
National Forest.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 3. REPLACEMENT LABORATORY, ROCKY MOUNTAIN RESEARCH STATION, RAPID
CITY, SOUTH DAKOTA.
(a) In General.--There are authorized to be appropriated to the
Secretary of Agriculture $2,100,000 for a laboratory facility for the
Rocky Mountain Research Station in Rapid City, South Dakota, to replace
the obsolete laboratory capability at the research station. The
replacement facility shall be colocated with at least one of the
administrative improvements for the Black Hills National Forest
acquired or constructed under the authority of section 2(f)(2)(B).
(b) Conditions on Acquisition of Property.--No funds available to
carry out this section may be used to purchase or otherwise acquire
property unless--
(1) the acquisition is from willing sellers; and
(2) the property is located within the boundaries of the
State of South Dakota.
PURPOSE OF THE BILL
The purpose of H.R. 4226 is to authorize the Secretary of
Agriculture to sell or exchange all or part of certain
administrative sites and other land in the Black Hills National
Forest and to use funds derived from the sale or exchange to
acquire replacement sites and to acquire or construct
administrative improvements in connection with the Black Hills
National Forest.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4226 would allow the Secretary of Agriculture to sell
or exchange certain National Forest System lands located in the
State of South Dakota for the purpose of upgrading and
relocating U.S. Forest Service administrative sites within the
Black Hills National Forest. The bill would require that any
land purchased be from a willing seller, authorize $2.1 million
for the construction of a branch of the Rocky Mountain Research
Station, and encourage the Secretary to co-locate the facility
in or near Rapid City, South Dakota.
The Rocky Mountain Research Station Center for Great Plains
Ecosystem Research needs to replace the research lab located in
Rapid City, South Dakota. In a recent review of all U.S.
Department of Agriculture research facilities (``Report of the
Strategic Planning Task Force on USDA Research Facilities--
Report and Recommendations''), the on-site team reported that
the Rapid City laboratory was in major need of repair, is not
handicap accessible, does not meet OSHA regulations, and is
inadequate to support the mission of the unit. In fact, the
facility was among the lowest-ranked facilities in the report.
The laboratory is constantly in need of repair, and a new
facility would be more cost-efficient in the long-term than
repairing the existing facility.
The Forest Service is interested in upgrading and
relocating some administrative offices in the Black Hills
National Forest and would like to co-locate the Rapid City
research laboratory with one of the new administrative
buildings. This idea is supported by the Rapid City Area
Chamber of Commerce and the Black Hills Regional Multiple Use
Coalition, which represents roughly 46 different multiple-use
organizations in and around the Black Hills.
Congressional action is required for land exchanges and
conveyances within National Forests as well as to provide the
authorization for relocation funding needed to complete the
portion of construction for the Rapid City branch of the Rocky
Mountain Research Station.
COMMITTEE ACTION
H.R. 4226 was introduced on April 10, 2000, by Congressman
John R. Thune (R-SD). The bill was referred to the Committee on
Resources and within the Committee to the Subcommittee on
Forests and Forest Health. The Subcommittee held a hearing on
May 3, 2000. On May 16, 2000, the Subcommittee met to consider
the bill. Congressman Helen Chenoweth-Hage (R-ID) offered an
amendment to identify the sites to be relocated, encourage the
Secretary to co-locate the Rapid City branch lab with a new
administrative site, and authorize funds for the purchase of
land for the lab only if the land is on or adjacent to a new
administrative site. The amendment was adopted by voice vote.
On July 26, 2000, the Full Committee met to consider the bill.
The bill, as amended, was ordered favorably reported to the
U.S. House of Representatives by unanimous consent with a
further technical amendment.
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 this bill would increase offsetting receipts by $1
million per year in 2001 and 2002.
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, August 7, 2000.
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. 4226, the Black
Hills National Forest and Rocky Mountain Research Station
Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4226--Black Hills National Forest and Rocky Mountain Research
Station Improvement Act
CBO estimates that implementing H.R. 4226 would increase
offsetting receipts by about $1 million a year in 2001 and
2002, and result in additional discretionary spending of about
$4 million over the 2002-2005 period, assuming appropriation of
the necessary amounts. Because the bill would affect offsetting
receipts (a credit against direct spending), pay-as-you-go
procedures would apply. H.R. 4226 contains 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. 4226 would authorize the Secretary of Agriculture to
sell or exchange about 362 acres of land in the Black Hills
National Forest in South Dakota, and to accept cash
equalization payments up to the full value of the land. (Under
current law, cash equalization payments in a land exchange of
unequal value may not exceed 25 percent of the total value of
the land.) Based on information from the Forest Service, CBO
estimates that enacting the bill would result in receipts of
about $2 million over the 2001-2002 period from the sale of the
land.
Any funds received by the Forest Service under H.R. 4226
would be deposited into the Sisk Act Fund. H.R. 4226 would
authorize the use of such deposits, subject to appropriation,
to acquire land in South Dakota or to construct improvements in
the Black Hills National Forest. Based on information from the
Forest Service, CBO estimates that, under that provision, the
agency would spend $2 million over the 2002-2005 period,
assuming appropriation of the necessary amounts.
H.R. 4226 also would authorize the appropriation of $2.1
million for a new laboratory facility at the Rocky Mountain
Research Station in Rapid City, South Dakota. Based on
information from the Forest Service, CBO estimates that the
agency would spend $1 million a year in 2002 and 2003 to
construct the new facility, assuming appropriation of the
authorized amount.
On October 29, 1999, CBO transmitted a cost estimate for S.
1599, similar legislation as ordered reported by the Senate
Committee on Energy and Natural Resources on October 20, 1999.
Differences between our estimates in the timing of receipts and
outlays reflect different assumptions about when the
legislation would be enacted. Further, the Senate version does
not authorize appropriations for a new laboratory.
The CBO staff contact is Megan Carroll. This estimate was
approved by Robert A. Sunshine, 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.