[House Report 110-592]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-592
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COFFMAN COVE ADMINISTRATIVE SITE CONVEYANCE ACT OF 2008
_______
April 17, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 831]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 831) to provide for the conveyance of certain Forest
Service land to the city of Coffman Cove, Alaska, 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 ``Coffman Cove Administrative Site
Conveyance Act of 2008''.
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 BILL
The purpose of H.R. 831 is to provide for the conveyance of
certain Forest Service land to the city of Coffman Cove,
Alaska.
BACKGROUND AND NEED FOR LEGISLATION
Coffman Cove is a small community of about 200 residents
that developed around a logging camp and work site in Alaska's
Tongass National Forest. A 12-acre tract in the center of the
town still belongs to the U.S. Forest Service.
The land was used as an administrative site by the Forest
Service, but declining timber sales have diminished the
Service's need for the site. All buildings have been removed
from the property.
H.R. 831 would direct the Forest Service to convey, subject
to certain conditions, the former administrative site to the
city free of charge.
Companion legislation, S. 202, introduced by Senators
Murkowski and Stevens on January 8, 2007, was reported by the
Senate Energy and Natural Resources Committee on February 15,
2007 (S. Rpt. 110-6). Identical legislation passed the Senate
during the 109th Congress.
COMMITTEE ACTION
H.R. 831 was introduced February 5, 2007, by Representative
Don Young (R-AK). The bill was referred to the Committee on
Natural Resources, and within the Committee, to the
Subcommittee on National Parks, Forests and Public Lands.
On April 2, 2008, the Full Natural Resources Committee met
to consider the bill. The Subcommittee on National Parks,
Forests and Public Lands was discharged from further
consideration of H.R. 831. An amendment in the nature of a
substitute making technical changes was offered by Rep. Young
and was agreed to by voice vote. The bill, as amended, was then
ordered favorably reported to the House of Representatives by
voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 states that the bill may be cited as the
``Coffman Cove Administrative Site Conveyance Act of 2008''.
Section 2. Definitions
Section 2 defines the term ``City'' as the city of Coffman
Cove, Alaska; and the term ``Secretary'' as the Secretary of
Agriculture.
Section 3. Conveyance
Section 3(a) directs the Secretary to convey to the City
all right, title and interest in a parcel inside the City.
Section 3(b) describes the land to be conveyed.
Section 3(c) allows the Forest Service to reserve a right
of way to provide access to other Forest Service land that is
not being conveyed.
Section 3(d) requires that if any portion of the land
conveyed (except land sold under Section 3(e)) ceases to be
used for public purposes, the Secretary may require that the
land revert to the United States.
Section 3(e) allows the city to sell the land conveyed if
the sale reflects fair market value as determined by appraisal,
and if the City pays to the Secretary an amount equal to the
gross proceeds of the sale, which the Secretary may use without
further appropriation for the Tongass National Forest.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants 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
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the conveyance of
certain Forest Service land to the city of Coffman Cove,
Alaska.
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:
H.R. 831--Coffman Cove Administrative Site Conveyance Act of 2008
H.R. 831 would direct the Secretary of Agriculture to
convey to the city of Coffman Cove, Alaska, for no
consideration, 12 acres of Forest Service land. Based on
information from the Forest Service, CBO estimates that
implementing the legislation would have no significant impact
on the federal budget. Although the property could be sold by
the Forest Service under existing law, CBO estimates that
conveying it for no consideration would have no net impact on
direct spending because we expect that such a sale is unlikely.
Moreover, we estimate that the loss of receipts--if any--would
be less than $500,000 and would be offset by a corresponding
reduction in direct spending. Any discretionary administrative
costs of completing the conveyance would be negligible.
Finally, we estimate that enacting H.R. 831 would have no
effect on revenues.
H.R. 831 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On February 7, 2007, CBO transmitted a cost estimate for S.
202, the Coffman Cove Administrative Site Conveyance Act of
2007, as ordered reported by the Senate Committee on Energy and
Natural Resources on January 31, 2007. The provisions of S. 202
and H.R. 831 are identical, and CBO's estimates of their costs
are the same.
The CBO staff contact for this estimate is Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 831 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.