[Senate Report 109-301]
[From the U.S. Government Publishing Office]
Calendar No. 544
109th Congress Report
SENATE
2d Session 109-301
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COFFMAN COVE ADMINISTRATIVE SITE CONVEYANCE ACT OF 2006
_______
July 31, 2006.--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. 1548]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1548) to provide for the conveyance of
certain Forest Service land to the city of Coffman Cove,
Alaska, having considered the same, reports favorably thereon
with an amendment and recommends 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. SHORT TITLE.
This Act may be cited as the ``Coffman Cove Administrative Site
Conveyance Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Coffman Cove,
Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. CONVEYANCE.
(a) In General.--Subject to valid existing rights, the Secretary
shall convey to the City, without consideration and by quitclaim deed
all right, title, and interest of the United States, except as provided
in subsections (c) and (d), in and to the parcel of National Forest
System land described in subsection (b).
(b) Description of Land.--
(1) In general.--The parcel of National Forest System land
referred to in subsection (a) is the approximately 12 acres of
land identified in U.S. Survey 10099, as depicted on the plat
entitled ``Subdivision of U.S. Survey No. 10099'' and recorded
as Plat 2003-1 on January 21, 2003, Petersburg Recording
District, Alaska.
(2) Excluded land.--The parcel of National Forest System land
conveyed under subsection (a) does not include the portion of
U.S. Survey 10099 that is north of the right-of-way for Forest
Development Road 3030-295 and southeast of Tract CC-8.
(c) Right-of-Way.--The United States may reserve a right-of-way to
provide access to the National Forest System land excluded from the
conveyance to the City under subsection (b)(2).
(d) Reversion.--If any portion of the land conveyed under subsection
(a) (other than a portion of land sold under subsection (e)) ceases to
be used for public purposes, the land shall, at the option of the
Secretary, revert to the United States.
(e) Conditions on Subsequent Conveyances.--If the City sells any
portion of the land conveyed to the City under subsection (a)--
(1) the amount of consideration for the sale shall reflect
fair market value, as determined by an appraisal; and
(2) the City shall pay to the Secretary an amount equal to
the gross proceeds of the sale, which shall be available,
without further appropriation, for the Tongass National Forest.
PURPOSE OF THE MEASURE
The purpose of S. 1548 is to provide for the conveyance of
certain Forest Service land to the city of Coffman Cove,
Alaska.
BACKGROUND AND NEED
The City of Coffman Cove, Alaska, is a small community with
about 200 residents that developed around a Tongass National
Forest logging camp and work site. The 12-acre Forest Service
site now sits in the middle of town, and a new ferry terminal
is planned for an adjacent parcel. The location of most of the
administrative site makes it difficult and inefficient for the
Forest Service to manage, and an obstacle to the future
development and design of the city's downtown. Conveyance of
the administrative site would benefit both the Forest Service
and the city in these regards.
LEGISLATIVE HISTORY
S. 1548 was introduced on July 28, 2005, by Senator
Murkowski for herself and Senator Stevens. The Subcommittee on
Public Lands and Forests held a hearing on November 2, 2005, on
S. 1548 (S. Hrg. 109-347). At a business meeting held on May
24, 2006, the Committee on Energy and Natural Resources ordered
S. 1548 favorably reported with an amendment in the nature of a
substitute.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on May 24, 2006, by unanimous voice vote
of a quorum present recommends that the Senate pass S. 1548, if
amended as described herein.
COMMITTEE AMENDMENT
The Committee adopted an amendment in the nature of a
substitute that strikes the findings, provides for a conveyance
of the land, adds reversionary provisions, provides conditions
for the conveyance, and makes other technical changes.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2 provide the short title and definitions
for the bill.
Section 3(a and b) directs the Secretary of Agriculture to
convey approximately 12 acres to the city of Coffman Cove,
Alaska.
Subsection 3(c) provides the Secretary with the right to
reserve a right-of-way to Forest Service land excluded from the
conveyance.
Subsection 3(d) provides a reversionary clause if the land
is not used to public purposes.
Subsection 3(e) directs conditions for subsequent
conveyances such that if the city sells any portion of the
land, it must pay the Secretary an amount equal to the gross
proceeds of the sale and the fair market value.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1548--Coffman Cove Administrative Site Conveyance Act of 2006
S. 1548 would direct the Secretary of Agriculture to convey
to the city of Coffman Cove, Alaska, for no consideration,
about 12 acres of land previously used as a Forest Service
administrative site. Under the Forest Service Realignment and
Enhancement Act of 2005, this property could be sold, and the
Forest Service could spend the receipts without further
appropriation. CBO expects, however, that it is unlikely that
the land would be sold in the absence of this legislation.
Moreover, we estimate that the loss of receipts--if any--would
be less than $500,000 and would be offset by a like reduction
in direct spending. We estimate that the administrative costs
of completing the conveyance under the bill would not be
significant. Finally, we estimate that enacting S. 1548 would
have no effect on revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would i8mpose no costs on budgets of state, local, or tribal
governments. Enacting this legislation would benefit the city
of Coffman Cove.
The CBO staff contact for this estimate is Deborah Reis.
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. 1548.
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. 1548.
EXECUTIVE COMMUNICATIONS
The views of the administration were included in testimony
received by the Committee at a hearing on the bill on November
2, 2005, as follows:
Statement of Gloria Manning, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman: Thank you for the opportunity to appear
before you today to provide the Department views on S. 1548, to
provide for the conveyance of certain Forest Service land to
the city of Coffman Cove, Alaska.
S. 1548 would convey a portion of a 15-acre Forest Service
administrative site situated in the center of a small Alaskan
community, Coffman Cove, to the City of Coffman Cove. The bill
directs the Secretary of Agriculture, without consideration, to
convey fee simple title to twelve acres of the administrative
site, to the City.
The Department objects to S. 1548 on the basis of long-
standing policy that the government receives market value for
such conveyances. However, the Department is sympathetic to the
needs of the City of Coffman Cove to control the future
development of its future downtown area.
The Forest Service played a central role in the development
of the community. In the 1960's, Coffman Cove was a logging
camp and work site. Logs were harvested from the surrounding
Tongass National Forest. Eventually, the community developed
around the Forest Service administrative site.
In 1986, the State of Alaska received lands surrounding the
Coffman Cove administrative site as part of its statehood
entitlement. Over time, a decrease in timber sale activity led
to a diminished need for the Forest Service administrative
site. Within the last six years, all buildings have been
removed from the site.
Coffman Cove was incorporated in 1989, and is currently
home to about 200 residents. The City is seeking to diversify
its economic base in response to changes in the management of
the surrounding Tongass National Forest and other economic
conditions. With the development of a new ferry terminal
adjacent to the Forest Service administrative site, economic
opportunities for the City to develop commercial operations and
tourism support facilities are improving. However, the location
of the Forest Service parcel in the center of town, along the
main street bisecting the town and near the ferry terminal,
presents a significant obstacle to Coffman Cove's efforts to
more fully develop and diversify its economy and design its
future downtown. The location of most of the parcel also makes
it difficult and inefficient for the Forest Service to
adequately manage the site.
Should the Subcommittee choose to move the bill in spite of
these concerns, the Department would like to work with the
Subcommittee on amendments that would improve accuracy and
management efficiency.
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. 1548 as ordered
reported.