[Senate Report 113-173]
[From the U.S. Government Publishing Office]
Calendar No. 399
113th Congress Report
SENATE
2d Session 113-173
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LAKE HILL ADMINISTRATIVE SITE AFFORDABLE HOUSING
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May 22, 2014.--Ordered to be printed
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Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2337]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2337) to provide for the conveyance of
the Forest Service Lake Hill Administrative Site in Summit
County, Colorado, having considered the same, reports favorably
thereon without amendment and recommends that the Act do pass.
PURPOSE
The purpose of H.R. 2337 is to provide for the conveyance
of the Forest Service Lake Hill Administrative Site to Summit
County, Colorado.
BACKGROUND AND NEED
According to the Forest Service, the Lake Hill
administrative site in Summit County, Colorado, has lost its
national forest character as it is severed from the remaining
White Hill National Forest. Interstate 70 runs parallel on the
northwest side and the community of Frisco borders the
Southwestern boundary. Furthermore, a community water storage
reservoir and utility corridors also occupy National Forest
system lands on, or adjacent to, the parcel.
Summit County, Colorado, would like to acquire the Lake
Hill parcel to develop affordable local housing for municipal,
school, hospital, and emergency services employees.
Although the Forest Service has authority to dispose of
isolated, undeveloped parcels which are used specifically for
Forest Service administrative uses under the Forest Service
Facility Realignment and Enhancement Act of 2005, there is
uncertainty whether the Lake Hill parcel meets the technical
requirements of that law. H.R. 2337 simply clarifies that the
Lake Hill parcel shall be conveyed under the authority of that
Act.
LEGISLATIVE HISTORY
H.R. 2337, sponsored by Representative Polis, passed the
House of Representatives on a voice vote on October 29, 2013. A
Senate companion measure, S. 1305, was introduced by Senators
Udall of Colorado and Bennett on July 16, 2013. The
Subcommittee on Public Lands, Forests and Mining held a hearing
on S. 1305 on November 20, 2013. At its business meeting on
December 19, 2013, the bill was ordered favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on December 19, 2013, by a voice vote of
a quorum present, recommends that the Senate pass H.R. 2337.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Lake Hill
Administrative Site Affordable Housing Act.''
Section 2 defines key terms used in the bill.
Section 3(a) directs the Secretary of Agriculture, after
receiving an offer from Summit County, Colorado, to use the
authority provided by the Forest Service Facility Realignment
and Enhancement Act of 2005 (16 U.S.C. 580d note) to convey to
the county all right, title, and interest of the United States
in and to the Forest Service Lake Hill administrative site,
which totals approximately 40 acres. That Act authorizes
conveyance to be made by sale, lease, exchange, or any other
means as the Secretary of Agriculture considers appropriate.
Subsection (b) states that the Lake Hill Administrative
Site is considered to be an administrative site under section
502(1)(A) of the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note), except that
paragraph (1)(C) of that section does not apply. Paragraph
(1)(C) limits the conveyances under that Act to not more than
10 isolated, undeveloped parcels per fiscal year that were used
for purposes of Forest Service administrative activities.
Although the property authorized for conveyance by H.R. 2337
was used for administrative activities, it was not formally
classified for that use. Accordingly, this subsection simply
clarifies that the Lake Hill parcel is appropriate for
conveyance under the Forest Service Facility Realignment and
Enhancement Act regardless of its technical classification
status.
Subsection (c) requires the County to be responsible for
processing and transaction costs related to the direct sale
under subsection (a).
Subsection (d) provides that any proceeds received from the
conveyance under subsection (a) shall be available, without
further appropriation, for capital improvement and maintenance
of Forest Service facilities in Region 2 of the Forest Service.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 2337--Lake Hill Administrative Site Affordable Housing Act
H.R. 2337 would require the Secretary of Agriculture to
sell 40 acres of Forest Service land near Frisco, Colorado.
Based on information provided by the agency, CBO estimates that
enacting the legislation would increase offsetting receipts and
associated direct spending; therefore, pay-as-you-go procedures
apply. However, CBO estimates that those changes would have no
significant net impact on future budget deficits. Enacting H.R.
2337 would not affect revenues.
The act would require the Secretary to sell the affected
lands to Summit County, Colorado, for fair market value. Based
on information provided by the Forest Service, CBO estimates
that proceeds from the sale of those lands would increase
offsetting receipts by about $5 million. Under the act, the
agency would be authorized to retain and spend those proceeds,
without further appropriation, for capital improvement and
maintenance of Forest Service facilities. CBO expects that the
agency would complete the sale and spend the proceeds within
five years, and we estimate that enacting the legislation would
have no net impact on the federal budget over that period. In
addition, the act would require the county to pay for any
administrative costs associated with the sale.
H.R. 2337 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On July 31, 2013, CBO transmitted a cost estimate for H.R.
2337 as ordered reported by the House Committee on Natural
Resources on July 24, 2013. The two versions of the legislation
are similar and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, 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 H.R. 2337.
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 H.R. 2337, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 2337, as 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
November 20, 2013, Subcommittee on Public Lands, Forests and
Mining hearing on S. 1305, the companion measure to H.R. 2337
follows:
Statement of Leslie Weldon, Deputy Chief, National Forest System,
Forest Service, Department of Agriculture
Chairman Manchin, Ranking Member Barrasso and members of
the Subcommittee, thank you for the opportunity to appear
before you today to provide the Department of Agriculture's
views on S. 1305, ``A Bill to provide for the conveyance of the
Forest Service Lake Hill Administrative Site in Summit County,
Colorado.''
The Department supports S. 1305.
S. 1305 would provide that the approximately 40 acre Lake
Hill site on the White River National Forest is considered to
be an administrative site under the Forest Service Facility
Realignment and Enhancement Act (FSFREA) of 2005 (Public Law 17
109-54; 16 U.S.C. 580d) and conveyed to Summit County, Colorado
under that Act. The Lake Hill parcel is undeveloped land that
would be used by the County primarily for providing affordable
local housing for municipal, school, hospital and emergency
services employees. As a condition of the conveyance, the
County would pay for all administrative costs associated with
the conveyance and the proceeds of the conveyance will be made
available for capital improvement and maintenance of Forest
Service facilities.
The Department supports the conveyance of the Lake Hill
administrative site to Summit County Colorado. The Lake Hill
site has lost its National Forest character. It is severed from
the remaining White River National Forest. Interstate Highway
70 runs parallel on the Northwest side of the parcel, Dillon
Reservoir and the Dam Road border the Southeast side and the
community of Frisco borders the Southwestern boundary. A
community water storage reservoir and utility corridors also
occupy NFS lands on, or adjacent to, the parcel.
The conveyance will benefit both Summit County and the
Forest Service. Summit County has identified the need to
provide workforce housing in the area. The conveyance of the
Lake Hill Administrative Site will provide space for this
important county project. The Forest Service benefits by the
opportunity to use funds generated by the legislation to
improve the condition of Forest Service facilities within the
Region.
In summary, we support S. 1305 and would be glad to answer
any questions.
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 H.R. 2337 as ordered
reported.