this property to the District. The water rights for the Battle Mountain Pasture lands are now secure within the rights stored and diverted by the Rye Patch Dam for the Humboldt Project, and in no way are currently connected with the lands covered in the proposed bill. Customarily, when retention of Federal property is found to be no longer necessary for project purposes, it is declared "surplus" and is made available for use by other Federal agencies, or failing other Federal interest, the property is then disposed of by the General Services Administration. Area residents are concerned that they could lose access to the lands if they were disposed of through the usual GSA process. This would be a hardship to the local agricultural community. In addition, Lander County has been ordered by the Nevada State Department of Environmental Protection to repair and enlarge sewage treatment facilities servicing the adjacent community of Battle Mountain. The county plans to locate lagoons covering approximately 350 acres on a portion of the lands conveyed. LEGISLATIVE HISTORY S. 574 was introduced by Senator Hecht on February 19, 1987. A hearing was held by the Subcommittee on Public Lands, National Parks and Forests on July 30, 1987, S. 574 is very similar to a measure, S. 1772, which was reported by the Committee in the 99th Congress. No further action was taken on that measure. At a business meeting on September 23, 1987, the Senate Committee on Energy and Natural Resources ordered S. 574 favorably reported. COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES The Senate Committee on Energy and Natural Resources, in open business session on September 23, 1987, by a majority vote of a quorum present, recommends that the Senate pass S. 574, as described herein. The rollcall vote on reporting the measure was 14 yeas, 4 follows: YEAS Mr. Johnston Mr. Bumpers Mr. Ford Mr. Weicker* NAYS Mr. Metzenbaum* Mr. Wirth Mr. Fowler nays as Mr. Wallop Mr. Murkowski Mr. Nickles Mr. Hecht Mr. Evans *Indicates voted by proxy. COST AND BUDGETARY CONSIDERATIONS The following estimate of the cost of this measure has been provided by the Congressional Budget Office: U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Hon. J. BENNETT JOHNSTON, Jr., Chairman, Committee on Energy and Natural Resources, DEAR MR. CHAIRMAN: The Congressional Budget Office has reviewed S. 574, the Battle Mountain Pasture Restoration Act of 1987, as ordered reported by the Senate Committee on Energy and Natural Resources on September 23, 1987. S. 574 would require the Secretary of the Interior to convey property currently managed by the Bureau of Reclamation to the Pershing County Water Conservation District. The land would be conveyed without monetary consideration except for payment of administrative costs incurred in making the transfer, not to exceed $20,000. All existing rights and interests of third parties upon, in and over the property would be retained. Based on information obtained from the Bureau of Reclamation, we estimate that enactment of this bill would result in no cost to the federal government. Assuming that the bill is enacted in fiscal year 1988, we estimate that the Pershing County Water Conservation District would incur a cost of approximately $10,000 in 1988 for administrative costs associated with the land conveyance. Enactment of this bill would otherwise result in no cost to state and local governments. If you wish further details on this estimate, we will be pleased to provide them. With best wishes. EDWARD M. GRAMLICH, 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. 574. 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. 574, as reported. EXECUTIVE COMMUNICATIONS The pertinent legislative report received by the Committee from the Department of the Interior setting forth executive agency recommendations relating to S. 574 is set forth below: U.S. DEPARTMENT OF THE INTERIOR, Hon. J. BENNETT JOHNSTON, Chairman, Committee on Energy and Natural Resources, DEAR MR. CHAIRMAN: This is in response to your request for our views on S. 574, the "Battle Mountain Pasture Restoration Act." We support enactment of this bill by the Congress. S. 574 would transfer title to approximately 30,000 acres of land acquired by the Bureau of Reclamation (Reclamation) for the Humboldt Project, Nevada, to the Pershing County Water Conservation District (District), a quasi-political subdivision of the State of Nevada, and the entity responsible for repaying the appropriate costs of the Humboldt Reclamation Project. The title conveyance would be subject to all existing rights and would require the District to reimburse the United States for the administrative costs associated with the conveyance, not to exceed $20,000. Our best current estimate of these administrative costs associated with this transfer is approximately $10,000. This legislation would assure the beneficiaries of the Humboldt Project (i.e., the members of the Pershing County Water Conservation District) adequate summer pasture to continue their existing livestock operations. The original cost of purchase of the Battle Mountain Pasture lands, the former Adolous-Flippinni Ranches, has been repaid by the project beneficiaries, and as of September 1985, all but approximately $200,000 of subsequent loans made against the project have been repaid. The original purpose of the acquisition of the land by the United States was to acquire the accompanying water rights and to convey those rights to the storage behind Rye Patch Dam. Since those water rights have now been severed, there is no longer any need for the United States to retain title to the property; however, no authority exists for the United States to assure the conveyance of this property to the District. The water rights for the Battle Mountain Pasture lands are now secure within the rights stored and diverted by the Rye Patch Dam for the Humboldt Project, and in no way are currently connected with the lands covered in the proposed bill. The main purpose of this proposed legislation is to protect the farmers and ranchers making up the District's membership, from having title over the pasture lands pass out of Federal ownership into the hands of those who might manage the land in a manner detrimental to the District's members. Since this pasture land is technically surplus to Federal needs, without legislative protection, this could easily happen. The Department has previously commented in support of similar legislation. Our only concerns with S. 574 are: We have not yet had sufficient time to review the legal descriptions provided in the bill to ensure they are precise and accurate for the property in question. It is not clear from the bill whether the exceptions described by metes and bounds in section 4 are fee simple holdings in every case, or easements in some cases. If any of the excluded lands are easements, they would be considered valid existing rights and need not be described in the bill. The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, WAYNE N. MARCHANT, Deputy Assistant Secretary. 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. 574, as reported. O |