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Calendar No. 296
118th Congress } { Report
SENATE
1st Session } { 118-144
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PLEASANT VALLEY RANGER DISTRICT ADMINISTRATIVE SITE CONVEYANCE
_______
December 20, 2023.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1015]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1015) to require the Secretary of
Agriculture to convey the Pleasant Valley Ranger District
Administrative Site to Gila County, Arizona, having considered
the same, reports favorably thereon with an amendment, in the
nature of a substitute, and recommends that the bill, as
amended, do pass.
AMENDMENT
Strike all after the enacting clause and insert the
following:
SECTION 1. CONVEYANCE OF PLEASANT VALLEY RANGER DISTRICT ADMINISTRATIVE
SITE TO GILA COUNTY, ARIZONA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Gila County, Arizona.
(2) Map.--The term ``map'' means the map entitled ``Pleasant
Valley Admin Site Proposal'' and dated September 24, 2021.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance Required.--Subject to this section, if the County
submits to the Secretary a written request for conveyance of the
property described in subsection (c), not later than 180 days after the
date of enactment of this Act, the Secretary shall convey to the County
all right, title, and interest of the United States in and to the
property described in subsection (c).
(c) Description of Property.--
(1) In general.--The property referred to in subsection (b)
is the parcel of real property, including all land and
improvements, generally depicted as ``Gila County Area'' on the
map, consisting of approximately 232.9 acres of National Forest
System land located in the Tonto National Forest in Arizona.
(2) Map.--
(A) Minor errors.--The Secretary may correct minor
errors in the map.
(B) Availability.--A copy of the map shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(3) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
(d) Terms and Conditions.--The conveyance under subsection (b)
shall be--
(1) subject to valid existing rights;
(2) made without consideration;
(3) made by quitclaim deed; and
(4) subject to such other terms and conditions as the
Secretary considers to be appropriate.
(e) Costs of Conveyance.--As a condition of the conveyance under
subsection (b), the County shall pay all costs associated with the
conveyance, including the cost of--
(1) a survey, if necessary, under subsection (c)(3); and
(2) any analysis, review, or resource survey required under
Federal law.
(f) Environmental Conditions.--Notwithstanding section 120(h)(3)(A)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall
not be required to provide any covenant or warranty for the land and
improvements conveyed to the County under subsection (b).
(g) Use of Land; Reversion.--
(1) Use of land.--The land and improvements conveyed to the
County under subsection (b) shall be used by the County only
for the purpose of providing recreational and other services to
veterans of the Armed Forces.
(2) Reversion.--If any land conveyed to the County under
subsection (b) ceases to be used for the purposes described in
paragraph (1), all right, title, and interest in and to the
land may, at the discretion of the Secretary, revert to the
United States.
PURPOSE
The purpose of S. 1015 is to require the Secretary of
Agriculture to convey the Pleasant Valley Ranger District
administrative site in the Tonto National Forest in Arizona to
Gila County, Arizona, to provide recreational and other
services to veterans of the Armed Forces.
BACKGROUND AND NEED
In 2016 the Tonto National Forest moved its administrative
facility in the Pleasant Valley Ranger District to a new
administrative site near Payson, Arizona. The Pleasant Valley
site includes 17 buildings spread over 230 acres of National
Forest lands. The facility includes the Pleasant Valley Ranger
Station, which was built in 1919 and is listed on the National
Register of Historic Places.
Gila County, Arizona seeks to acquire a portion of the site
to build a veteran's retreat and community center and related
uses, including as a mobile veterans' clinic for veterans who
lack access to VA medical care in the area.
In July 2021, the Forest Service issued Gila County a
special use permit to construct a camp and provide related
maintenance. S. 1015 would convey the approximately 233 acres
of National Forest System land covered by the special use
permit to the county, without consideration, with a requirement
that the land be used to serve Veterans of the Armed Forces.
Although the Forest Service has statutory authority to
convey unneeded administrative sites under the Forest Service
Facility Realignment and Enhancement Act (Title V of Public Law
109-54; 16 U.S.C. 580d note), legislation is necessary because
the existing authority limits the conveyance to no more than 40
acres and requires payment of the fair market value of the
site.
LEGISLATIVE HISTORY
S. 1015 was introduced by Senators Kelly and Sinema on
March 28, 2023. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on S. 1015 on July 12, 2023. Companion
legislation, H.R. 1829, was introduced in the House of
Representatives on March 28, 2023, by Representative Crane.
Similar legislation, S. 2893, was introduced in the 117th
Congress by Senators Kelly and Sinema on September 29, 2021.
Companion legislation in the 117th House of Representatives,
H.R. 5409, was introduced by Representative Gosar on September
29, 2021. No further action was taken on these bills.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on September 21, 2023, by a majority
voice vote of a quorum present, recommends that the Senate pass
S. 1015, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1015, the committee adopted
an amendment in the nature of a substitute. The amendment
incorporates technical edits provided by the Forest Service and
makes other clarifying and confirming changes. The amendment
also added a reversionary clause requiring that the County use
the conveyed land only for the purposes of providing
recreational or other services to veterans of the Armed Forces.
SUMMARY
S. 1015 conveys approximately 232.9 acres of National
Forest System land located in the Tonto National Forest to Gila
County, Arizona. The conveyance is subject to valid existing
rights, made by quitclaim deed and without consideration, and
subject to any other terms the Chief of the Forest Service
deems necessary. Gila County is responsible for all costs
associated with the transfer, including any required
environmental analysis. The bill includes a reversionary clause
requiring the land only be used to provide recreational and
other services to Veterans of the Armed Forces.
COST AND BUDGETARY CONSIDERATIONS
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 1015
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
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. 1015. 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. 1015, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1015, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Forest Service at the July
12, 2023, hearing on S. 1015 follows:
Testimony of Chris French, Deputy Chief United States Department of
Agriculture Forest Service
s. 1015, ``to require the secretary of agriculture to convey the
pleasant valley ranger district administrative site to gila county,
arizona''
S. 1015 would authorize a land conveyance between the USDA
Forest Service, Tonto National Forest and Gila County, Arizona.
The conveyance would be required if requested within 180 days
after enactment of the bill. The bill would establish the terms
for the conveyance as well as conditions for reversion of the
conveyance.
The Tonto National Forest is currently using a portion of
the administrative site that consists of a fire warehouse,
helipads, and a fenced parking/storage area as depicted on the
legislative map as ``USFS Area.'' The remainder of the
administrative site depicted as ``Gila County Area'' is
currently under a special use permit as a term lease and the
Tonto National Forest does not have existing plans to use it in
the future. Transferring the site should not impact the
Forest's administrative or firefighting capacity, and executing
the transfer is unlikely to impede the Forest and the Agency's
ability to serve the public.
This bill would include several provisions related to the
transfer. The action to initiate the transfer is clearly
described, and the parcel for transfer is identified through a
legislative map. All of the costs of conveyance are to be borne
by the recipient of the transfer, and the agency is not
required to provide a covenant or warranty with respect to
environmental conditions under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980. Finally, the
interest of the public and government are protected though the
reversion clause; should the land cease to be used for the
purpose identified in the legislation, the ownership reverts
back to the USDA Forest Service.
The USDA supports S. 1015, as a straightforward and
commonsense solution to provide Gila County Arizona with a
facility that they can use to provide services to veterans, but
would like to work with the committee to ensure historic
resources are protected as the agency complies with section 106
of the National Historic Preservation Act and to provide the
Secretary with some oversight authority should the reversionary
clause be utilized and the parcel to return to federal
ownership.
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 S. 1015 as ordered
reported.
[all]
