[Senate Report 112-69]
[From the U.S. Government Publishing Office]
Calendar No. 149
112th Congress Report
SENATE
1st Session 112-69
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FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION
_______
September 6, 2011.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 714]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 714) to reauthorize the Federal Land
Transaction Facilitation Act, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended do pass.
The amendment is as follows:
1. On page 2, line 8, strike ``2009'' and insert ``2011''.
Purpose
The purpose of S. 714, as ordered reported, is to
reauthorize the Federal Land Transaction Facilitation Act for
an additional 10-year period, through July 25, 2021.
Background and Need
In July of 2000, Congress enacted the Federal Land
Transaction and Facilitation Act (FLTFA) as Title II of the
Valles Caldera Preservation Act (Public Law 106-248). FLTFA
authorizes the Bureau of Land Management (BLM) to sell public
lands identified for disposal through the land use planning
process prior to July 2000 and to retain the proceeds from the
sales in a special account set up in the Treasury, to be
available without further appropriation. The funds in that
account are used to buy inholdings within Federally-designated
areas in the same State, including BLM, National Park Service,
Fish and Wildlife Service, and Forest Service areas. FLTFA was
initially authorized through July 2010. Public Law 111-168, the
2010 Supplemental Appropriations Act, extended the
authorization for an additional year, through July 25, 2011.
Since enactment of FLTFA in 2000, the BLM has sold just
under 27,000 acres of surplus lands and acquired approximately
18,000 acres of lands with high resource values.
Because the authority to sell and purchase lands under
FLTFA sunset on July 25, 2011, S. 714 would extend the
program's authorization through 2021 and expand the pool of
eligible lands to be sold to include any lands identified for
disposal as of the date of enactment of S. 714. Furthermore, if
the law is not reauthorized, proceeds from BLM land sales will
not be available for future acquisitions but instead will be
available for appropriation under the Land and Water
Conservation Fund.
Legislative History
S. 714 was introduced by Senators Bingaman, Udall of
Colorado, Udall of New Mexico, and Wyden on April 4, 2011.
Senator Tester is also a cosponsor. The Subcommittee on Public
Lands and Forests held a hearing on S. 714 on May 25, 2011. At
its business meeting on July 14, 2011, the Committee on Energy
and Natural Resources ordered S. 714 favorably reported with an
amendment.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 14, 2011, by voice vote of a
quorum present, recommends that the Senate pass S. 714, if
amended as described herein.
Committee Amendment
During its consideration of S. 714, the Committee adopted a
technical amendment to correct a reference to the short title
in section 2(2)(A).
Section-by-Section Analysis
Section 1 provides the short title, the ``Federal Land
Transaction Facilitation Act Reauthorization of 2011''.
Section 2(1) amends section 203(2) of FLTFA (Public Law
106-248) to make any federally designated area (as defined in
section 103(o) of the Federal Land Policy and Management Act of
1976) eligible for FLTFA funds, regardless of when the area was
established.
Section 2(2) amends section 205 of FLTFA by allowing any
Federal lands identified for disposal in approved land use
plans as of the date of enactment of this Act to be eligible
for sale under FLTFA. As originally enacted, only lands
identified for disposal as of July 2000 were eligible for sale
under FLTFA. The section extends the authorization for FLTFA
through July 25, 2021.
Section 2(3) strikes subsection (f) of section 206 of
FLTFA, which requires that any remaining balance in the FLTFA
special account be available for appropriation under the Land
and Water Conservation Fund when FLTFA's authorization ends.
Section 2(4) makes technical and conforming changes to
section 207(b) of FLTFA, and amends section 207(b) to include
the White Pine County Conservation, Recreation, and Development
Act of 2006, the Lincoln County Conservation, Recreation, and
Development Act of 2004, and several subtitles and sections
from the Omnibus Public Land Management Act of 2009 to clarify
that those lands remain eligible for sale under separate laws
and that the FLTFA provisions will not apply.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 714--Federal Land Transaction Facilitation Act Reauthorization of
2011
Summary: S. 714 would reauthorize the Federal Land
Transaction Facilitation Act (FLTFA) to allow certain federal
agencies to spend, without further appropriation, proceeds from
the sale of land administered by the Bureau of Land Management
(BLM) to purchase inholdings (privately held land surrounded by
federal land). Based on information provided by BLM, CBO
estimates that enacting the legislation would increase both the
proceeds from sale of federal property and the spending of sale
proceeds. On balance, CBO estimates that enacting the
legislation would yield a small net reduction in direct
spending of $5 million over the 2012-2021 period--primarily
because the spending of sale proceeds would lag behind such
collections over the next 10 years. Because S. 714 would affect
direct spending, pay-as-you-go procedures apply. Enacting the
legislation would not affect revenues.
S. 714 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 714 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
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CHANGES IN DIRECT SPENDING
Proceeds from Sale of Property:a
Estimated Budget Authority.................... -2 -3 -4 -5 -6 -8 -10 -12 -14 -16 -20 -80
Estimated Outlays............................. -2 -3 -4 -5 -6 -8 -10 -12 -14 -16 -20 -80
Spending of Sales Proceeds:
Estimated Budget Authority.................... 3 4 5 6 7 9 11 13 15 17 25 90
Estimated Outlays............................. 2 3 4 5 6 7 9 11 13 15 20 75
Total Changes:
Estimated Budget Authority................ 1 1 1 1 1 1 1 1 1 1 5 10
Estimated Outlays......................... 0 0 0 0 0 -1 -1 -1 -1 -1 0 -5
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aThe amounts of sale proceeds shown in the table reflect expected increases in collections under S. 714. In addition, CBO estimates that the Bureau of
Land Management will collect $10 million over the 2012-2021 period for such sales under current law.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2011.
Under current law, proceeds from the sale of BLM land are
deposited in the Treasury as offsetting receipts (a credit
against direct spending). CBO estimates that such proceeds will
total $10 million over the 2012-2021 period. Because, under the
bill, BLM could spend proceeds from the sale of land to pay for
administrative costs associated with future land sales, CBO
estimates that implementing the legislation would increase such
proceeds (relative to current law) by $80 million over the next
10 years. Overall, we estimate that gross proceeds from the
sale of BLM land would increase to $90 million over 2012-2021
period, including the $10 million in collections expected under
current law.
CBO estimates that, under the bill, annual proceeds from
the sale of BLM land over the next 10 years would be lower (on
average) than the historical average under FLTFA. Over the
2001-2011 period, proceeds from the sale of BLM land under the
program totaled about $120 million, with most of that amount
generated by sales of land near urban areas in Nevada and
Arizona in 2006 and 2007. Because the amount of future proceeds
from such land sales is related to prevailing housing market
and economic conditions in those areas, we expect that gross
proceeds would be lower than in recent years and would increase
over the 10-year period as additional sales would take place in
those urban areas.
Because the bill would authorize four land-management
agencies (BLM, the U.S. Fish and Wildlife Service, the National
Park Service, and the Forest Service) to spend, without further
appropriation, proceeds from the sale of BLM land, including
amounts expected to be collected under current law, CBO also
estimates that implementing the legislation would increase
direct spending over the 2012-2021 period. Based on the
historical rate of spending for the FLTFA program and for other
federal land acquisition activities, CBO expects that those
agencies would not spend all of the proceeds ($90 million)
generated from BLM land sales over the next 10 years. We
estimate that direct spending of such proceeds would total $75
million over the 2012-2021 period, resulting in a net reduction
in direct spending of $5 million over that period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. S. 714 would reduce direct spending; therefore, pay-
as-you-go procedures apply. The budgetary changes that are
subject to pay-as-you-go procedures are shown in the following
table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 714, THE FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION ACT OF 2011, AS ORDERED REPORTED BY THE
SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON JULY 14, 2011
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By fiscal year, in millions of dollars--
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2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 0 0 0 0 0 -1 -1 -1 -1 -1 0 -5
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Intergovernmental and private-sector impact: S. 714
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Dubary Brea and Jeff
LaFave; Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, 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. 714.
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. 714, as ordered reported.
Congressionally Directed Spending
S. 714, 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 Bureau of Land Management at
the May 25, 2011 Subcommittee hearing on S. 714 follows:
Statement of Marcilynn Burke, Bureau of Land Management, Department of
the Interior
Thank you for the opportunity to testify on S. 714, the
Federal Land Transaction Facilitation Act (FLTFA)
Reauthorization of 2011. The Administration strongly supports
S. 714 and encourages the Congress to move swiftly to
reauthorize the FLTFA. Over the past decade, the Department of
the Interior has made a number of important acquisitions using
the FLTFA's provisions. Reauthorization of the FLTFA will allow
us to continue to use this critical tool for enhancing our
Nation's treasured landscapes.
background
Congress enacted the FLTFA in July of 2000 as Title II of
Public Law 106-248 (formerly referred to as the ``Baca Bill'').
FLTFA expired on July 25, 2010. At that time, the balance in
the FLTFA account (approximately $50 million) was transferred
to the Land and Water Conservation Fund. FLTFA was reauthorized
through July 25, 2011, by the 2010 Supplemental Appropriations
Act (P.L. 111-212). Since the one-year extension became law,
approximately $3 million from the sale of 800 acres of public
lands has been deposited into the FLTFA account.
Under the FLTFA, the Bureau of Land Management (BLM) may
sell public lands identified for disposal through the land use
planning process prior to July 2000, and retain the proceeds
from those sales in a special account in the Treasury. The BLM
may then use those funds to acquire, from willing sellers,
inholdings within certain Federally designated areas and lands
that are adjacent to those areas that contain exceptional
resources. Lands may be acquired within and/or adjacent to
areas managed by the National Park Service (NPS), the U.S. Fish
and Wildlife Service (FWS), the U.S. Forest Service (FS), and
the BLM. To date, approximately 26,600 acres have been sold
under this authority and approximately 18,000 acres of high
resource value lands have been acquired.
The 2012 Budget includes a proposal to eliminate FLTFA's
July 2011 sunset date and allow lands identified as suitable
for disposal in recent land use plans to be sold using the
FLTFA authority. FLTFA sales revenues would continue to be used
to fund the acquisition of environmentally sensitive lands and
the administrative costs associated with conducting sales.
The 1976 Federal Land Policy and Management Act (FLPMA)
provides clear policy direction to the BLM that public lands
should generally be retained in public ownership. However,
section 203 of FLPMA allows the BLM to identify lands as
potentially available for disposal if they meet one or more of'
the following criteria:
Lands consisting of scattered, isolated
tracts that are difficult or uneconomic to manage; or
Lands that were acquired for a specific
purpose and are no longer needed for that purpose; or
Lands that could serve important public
objectives, such as community expansion and economic
development, which outweigh other public objectives and
values that could be served by retaining the land in
Federal ownership.
The BLM identifies lands that may be suitable for disposal
through its land use planning process, which involves full
public participation. Before the BLM can sell, exchange, or
otherwise dispose of these lands, however, it must undertake
extensive environmental impact analyses, clearances, surveys,
and appraisals for the individual parcels.
Before the enactment of the FLTFA, the BLM had the
authority under FLPMA to sell lands identified for disposal.
The proceeds from those sales were deposited into the General
Fund of the Treasury. However, because of the costs associated
with those sales (including environmental and cultural
clearances, appraisals, and surveys), few sales were
undertaken. Rather, the BLM relied largely on land exchanges to
adjust land tenure. This can often be a less efficient process.
Once the FLTFA was enacted, the BLM developed guidance,
processes, and tools to complete the FLTFA land sales. Working
cooperatively, the BLM, NPS, FWS, and FS then developed
guidance, processes, and tools for subsequent FLTFA land
acquisitions. The BLM markedly increased sales under the
program over the last few years. Recent market conditions,
however, have led to less robust sales than earlier in the life
of the program.
Since it was enacted, the BLM utilized FLTFA to sell 327
parcels previously identified for disposal totaling 26,437
acres, with a total value of approximately $116.3 million. Over
the same time period, the Federal government acquired 36
parcels totaling 18,135 acres, with a total value of
approximately $49.2 million using FLTFA authority.
Some lands identified for disposal and sold through the
FLTFA process are high-value lands in the urban interface. For
example, in 2007 the BLM in Arizona sold at auction a 282-acre
parcel in the suburban Phoenix area for $7 million. However,
many of the lands the BLM identified for disposal prior to July
2000 that are eligible under FLTFA are isolated or scattered
parcels in remote areas with relatively low value. Frequently,
there is limited interest in acquiring these lands, and the
costs of preparing them for sale may exceed their market value.
Since the inception of the FLTFA, the BLM has deposited
$111.7 million into the Federal Land Disposal Account. That
figure represents 96% of the total revenues from these sales.
Approximately $4.6 million has been transferred to the states
in which the sales originated, as provided for in individual
Statehood Acts (typically 4% of the sale price).
Using the FLTFA proceeds, the BLM, NPS, FWS, and FS have
acquired significant inholdings and adjacent lands from willing
sellers, consistent with the provisions of the Act. For
example, in November 2009 the BLM used FLTFA funds to complete
the acquisition of 4,573 acres within the BLM's Canyons of the
Ancients National Monument in southwest Colorado. These
inholdings encompass 25 documented cultural sites, and
archaeologists expect to record an additional 700 significant
finds. The acquisition also included two particularly important
areas: ``Jackson's Castle,'' which is archaeologically
significant; and the ``Skywatcher Site,'' a one-of-a-kind,
1,000-year-old solstice marker. The following are a few
additional examples of important FLTFA acquisitions:
Elk Springs Area of Critical Environmental Concern
(ACEC), New Mexico/BLM--This 2,280-acre acquisition protects
critical elk wintering habitat.
Hells Canyon Wilderness, Arizona/BLM--A 640-acre
parcel constituting the last inholding within the Hells Canyon
Wilderness, located just 25 miles northwest of Phoenix.
Grand Teton National Park, Wyoming/NPS--This small
(1.38 acres), but critical inholding within the Park was
acquired and protected from development.
Zion National Park, Utah/NPS--A combination of
FLTFA and Land and Water Conservation Fund monies were used to
acquire two 5-acre inholdings that overlook some of the Park's
outstanding geologic formations. These areas were previously
targeted for development.
Nestucca Bay National Wildlife Refuge, Oregon/
FWS--This 92-acre dairy farm on the outskirts of Pacific City,
Oregon, was slated for residential development and was acquired
to protect a significant portion of the world's population of
the Semidi Islands Aleutian Cackling Goose.
Six Rivers National Forest, California/FS--Over
4,400 acres were acquired within the Goose Creek National Wild
and Scenic River corridor, preserving 4 miles of the river
known for dense stands of Douglas fir, redwoods, and Port
Orford cedar.
s. 714
S. 714 would both extend and enhance the original FLTFA
through four major changes.
First, the bill extends the program for 10 years to July
2021. This change would enable the BLM to plan for and
implement this program on a long-term basis.
Second, under the original FLTFA, only lands identified for
disposal prior to July 25, 2000, were eligible to be sold. S.
714 modifies that restriction by allowing any lands identified
for disposal through the BLM's land use planning process by the
date of enactment of S. 714 to be sold through the FLTFA
process. The Department supports this change, which recognizes
the usefulness and importance of the BLM's land use planning
process. However, we would recommend eliminating this
restriction rather than simply moving the date forward.
The BLM currently oversees the public lands through 159
Resource Management Plans (RMPs). Since 2000, the BLM has
completed 75 RMP revisions and major plan amendments.
Additionally, the BLM is currently involved in planning efforts
on 45 new RMPs, all of which the agency expects to complete
within the next three to four years. Planning updates are an
ongoing part of the BLM's mandate under FLPMA. In this process,
the BLM often makes incremental modifications to the plans, and
identifies lands that may be suitable for disposal. All of
these planning modifications or revisions are made in
compliance with the National Environmental Policy Act, and are
undertaken through a process that invites full public
participation. If the enactment date is again utilized as the
cut-off date, the BLM may, in a few years, face the same
challenges it does with the program today. Many of the high-
valued lands have been sold and the remaining eligible lands
are isolated or scattered parcels in remote areas with
relatively low value. Eliminating the restriction to provide
more flexibility on the lands eligible for FLTFA will allow the
BLM to maintain a more consistent program over time.
Third, the original FLTFA allows acquisitions of inholdings
within, or special lands adjacent to Federal units only if
those units existed prior to July 25, 2000. S. 714 eliminates
this limitation as well, and we support this change. In March
of 2009, President Obama signed the Omnibus Public Land
Management Act of 2009 (Public Law 111-11) into law, which
designates or expands numerous wilderness areas, wild and
scenic rivers, national park units, and other units of the
BLM's National Landscape Conservation System. S. 714 will allow
the use of FLTFA funds to acquire inholdings within these areas
and areas designated by other legislation enacted after July
2000.
Finally, S. 714 adds exceptions to the FLTFA in recognition
of specific laws that modify the FLTFA with respect to some
particular locations. The FLTFA does not apply to lands
available for sale under the Santini-Burton Act (P.L. 96-586)
and the Southern Nevada Public Land Management Act (P.L. 105-
263). S. 714 additionally exempts lands included in the White
Pine County Conservation, Recreation, and Development Act (P.L.
109-432) and the Lincoln County Conservation, Recreation and
Development Act (P.L. 108-424). Finally, a number of provisions
of the Omnibus Public Land Management Act of 2009 (P.L. 111-11)
modify FLTFA at specific sites or for specific purposes. These
exceptions are also captured by S. 714.
conclusion
Thank you for the opportunity to testify in strong support
of S. 714, the Federal Land Transaction Facilitation Act
Reauthorization of 2011. By extending the FLTFA, the Congress
will allow the BLM to continue a rational process of land
disposal that is anchored in public participation and sound
land use planning, while providing for land acquisitions to
augment and strengthen our Nation's treasured landscapes.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 714, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
VALLES CALDERA PRESERVATION ACT; FEDERAL LAND TRANSACTION FACILITATION
ACT
(Public Law 106-248; Approved July 25, 2000)
AN ACT To authorize the acquisition of the Valles Caldera, to provide
for an effective land and wildlife management program for this resource
within the Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--FEDERAL LAND TRANSACTION FACILITATION
* * * * * * *
SEC. 203. DEFINITIONS.
In this title:
(1) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, natural,
historic, cultural, or recreational value that has been
documented by a Federal, State, or local governmental
authority, and for which there is a compelling need for
conservation and protection under the jurisdiction of a
Federal agency in order to maintain the resource for
the benefit of the public.
(2) Federally designated area.--The term ``federally
designated area'' means land in Alaska and the eleven
contiguous Western States (as defined in section 103(o)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702(o)) that [on the date of enactment of
this Act was] is within the boundary of--
* * * * * * *
SEC. 205. DISPOSAL OF PUBLIC LAND.
(a) In General.--The Secretary shall establish a program,
using funds made available under section 206, to complete
appraisals and satisfy other legal requirements for the sale or
exchange of public land identified for disposal under approved
land use plans (as in effect on the date of enactment of [this
Act] the Federal Land Transaction Facilitation Act
Reauthorization of 2009) under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712).
* * * * * * *
(d) Termination of Authority.--The authority provided under
this section shall terminate [10] 20 years after the date of
enactment of this Act.
SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.
* * * * * * *
[(f) Termination.--On termination of activities under
section 205--
[(1) the Federal Land Disposal Account shall be
terminated; and
[(2) any remaining balance in the account shall
become available for appropriation under section 3 of
the Land and Water Conservation Fund Act (16 U.S.C.
460l-6).]
SEC. 207. SPECIAL PROVISIONS.
(a) In General.--Nothing in this title provides an
exemption from any limitation on the acquisition of land or
interest in land under any Federal law in effect on the date of
enactment of this Act.
(b) Other Law.--This title shall not apply to land eligible
for sale under--
(1) Public Law [96-568] 96-586 (commonly known as the
``Santini-Burton Act'') (94 Stat. 3381)[; or];
(2) the Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2343)[.];
(3) the White Pine County Conservation, Recreation,
and Development Act of 200 (Public Law 109-432; 120
Stat. 3028);
(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat.
2403);
(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law
111-11);
(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132
note; Public Law 111-11);
(7) section 2601 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1108); or
(8) section 2606 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1121).
* * * * * * *