[Senate Report 108-304]
[From the U.S. Government Publishing Office]
Calendar No. 628
108th Congress Report
SENATE
2d Session 108-304
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EDWARD H. MCDANIEL AMERICAN LEGION POST NO. 22 LAND CONVEYANCE ACT
_______
July 13, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1521]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1521) to direct the Secretary of the
Interior to convey certain land to the Edward H. McDaniel
American Legion Post No. 22 in Pahrump, Nevada, for the
construction of a post building and memorial park for use by
the American Legion, other veterans' groups, and the local
community, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. On page 2, strike line 1 and all that follows through
page 3, line 7, and insert the following:
``SEC. 2. DEFINITIONS.''
2. On page 3, strike lines 15 and 16 and insert the
following:
``SEC. 3. CONVEYANCE OF LAND TO EDWARD H. MCDANIEL AMERICAN LEGION POST
NO. 22.''
3. On page 3, line 18, strike ``120'' and insert ``180''.
PURPOSE OF THE MEASURE
The purpose of S. 1521 is to direct the Secretary of the
Interior to convey approximately 4.5 acres of land to the
Edward H. McDaniel American Legion Post No. 22 in Pahrump,
Nevada, for the construction of a post building and memorial
park for use by the American Legion, other veterans' groups,
and the local community.
BACKGROUND AND NEED
The existing facility used by veterans in Pahrump was built
by the Veterans of Foreign Wars in the 1960s. It is inadequate
for the veterans' current needs. The nearest facility that can
accommodate their needs is located in Las Vegas, more than 60
miles away. S. 1521 will provide land necessary for the Pahrump
American Legion to build new facilities that will benefit local
veterans and community activities. S. 1521 directs the
Secretary of the Interior to convey approximately 4.5 acres to
American Legion ``Edward H McDaniel'' Post No. 22 in Pahrump
without consideration.
LEGISLATIVE HISTORY
S. 1521 was introduced by Senators Reid and Ensign on July
31, 2003. The Subcommittee on Public Lands and Forests held a
hearing on S. 1521 on May 5, 2004. At the business meeting on
June 16, 2004, the Committee on Energy and Natural Resources
ordered S. 1521, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on June 16, 2004, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 1521, if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 1521, the Committee adopted
an amendment that eliminates the Congressional findings and
increases the timeframe for completing the conveyance from 120
days to 180 days.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title.
Section 2 defines key terms used in the bill.
Section 3 provides for the conveyance of 4.5 acres of land
in Pahrump, Nevada, and makes the conveyance subject to
requirements on the use of the land or, unless waived by the
Secretary, the parcel will revert to the United States.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 21, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1521, the Edward H.
McDaniel American Legion Post No. 22 Land Conveyance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 1521--Edward H. McDaniel American Legion Post No. 22 Land Conveyance
Act
S. 1521 would direct the Secretary of the Interior to
convey, for no consideration, 4.5 acres of land in Nye County,
Nevada, to the Edward H. McDaniel American Legion Post. The
bill specifies that the group must use the land only to
construct and operate facilities for use by the American
Legion, other veterans groups, or the local community. Under
the bill, if that condition is not met, ownership of the land
would revert to the federal government.
According to the Bureau of Land Management, the property to
be conveyed currently generates no significant receipts and is
not expected to do so over the next 10 years. Hence, we
estimate that conveying it would not affect offsetting receipts
(a credit against direct spending). We also estimate that the
agency's administrative costs to complete the proposed
conveyance would be negligible, assuming the availability of
appropriated funds. Enacting S. 1521 would not affect revenues.
S. 1521 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.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for 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. 1521. 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. 1521, as ordered reported.
EXECUTIVE COMMUNICATIONS
On, May 3, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1521. These
reports had not been received at the time the report on S. 1521
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the Bureau
of Land Management at the Subcommittee hearing follows:
Statement of Bob Anderson, Deputy Assistant Director, Minerals, Realty
and Resource Protection Bureau of Land Management
Thank you for inviting me to testify.
The Administration supports the goals of S. 1521, but would
like to work with the Committee to address certain concerns and
clarify technical issues.
First, the tract to be conveyed under S. 1521 has not been
identified for disposal under the current land use plan, which
was adopted in 1998. The BLM would like to work with the
Committee and the American Legion Post No. 22 to identify an
alternate site within the over 9,300 acres of public lands in
the area currently identified as suitable for disposal in the
current land use plan.
Second, the legislation directs the Secretary of the
Interior to transfer the lands identified within 120 days. This
requirement results in time concerns relative to the BLM's
ability to fulfill certain requirements associated with the
land conveyance, which include, among others, conducting a
cadastral survey and performing hazardous substances and
cultural resources clearances. This is in addition to the
ability to fulfill requirements under the National
Environmental Policy Act (NEPA). Selection of alternate lands
that are currently identified for disposal in the land use plan
could help alleviate the conflict created between the time
limitation and the requirement to comply with applicable
Federal laws, although more time may still be needed.
Third, the Administration requests an addition to the
reversionary clause to provide for the sale of these lands by
the transferee, with the sale proceeds going to the Federal
government, as an alternative to reversion. This would protect
taxpayers from assuming potential liabilities that might arise
by giving the Federal government discretion regarding the
reversion.
Finally, the BLM, as a matter of practice, receives fair
market value for land being transferred out of public
ownership. For conveyances to non-governmental entities that
qualify under the Recreation and Public Purposes Act, the
United States receives 50 percent of fair market value. We
would like to work with the Committee to address these concerns
so that the necessary work can be completed and public notice
and participation can occur.
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 the bill S. 1521, as
ordered reported.