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                                                       Calendar No. 930
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-481

======================================================================



 
         CONVEYANCE OF LANDS TO THE GREATER YUMA PORT AUTHORITY

                                _______
                                

October 3 (legislative day, September 22), 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3023]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 3023) to authorize the Secretary of the 
Interior, acting through the Bureau of Reclamation, to convey 
property to the Greater Yuma Port Authority of Yuma County, 
Arizona, for use as an international port of entry, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the Act, as amended, do pass.
    The amendment is as follows:
    On page 6, lines 12 through 24 amend paragraph (c)(2) to 
read as follows:

          ``(2) Determination.--For purposes of paragraph (1), 
        the fair market value of any interest in land shall be 
        determined taking into account that the land is 
        undeveloped, that 80 acres is intended to be dedicated 
        to use by the United States for Federal governmental 
        purposes, and that an additional substantial portion of 
        the land is dedicated to public right-of-way, highway, 
        and transportation purposes.''.

                         Purpose of the Measure

    The purpose of H.R. 3023 is to authorize the Secretary of 
the Interior, acting through the Bureau of Reclamation, to 
convey approximately 330 acres of land to the Greater Yuma Port 
Authority of Yuma County, Arizona, for use as an international 
port of entry.

                          Background and need

    Beginning in the early 1990s, automobile and truck traffic 
at the United States Port of Entry in Yuma County, Arizona, 
began to experience serious delays, particularly with 
commercial traffic. The current port of entry is located 
directly in the heart of the city of San Luis, just south of 
downtown Yuma. With the passage of the North American Free 
Trade Agreement, traffic through this port of entry has become 
an even more serious problem.
    At present, the volume of commercial and private vehicles 
crossing the border at San Luis is exceeding the capacity of 
the existing port of entry. The solution developed among local 
governments and affected State and Federal agencies is to move 
the commercial vehicle crossing to an undeveloped area five 
miles east of San Luis. The solution will enhance efficiency, 
health and safety by pulling heavy truck traffic out of the 
down town areas of the twin cities of San Luis, Mexico, Rio 
Colorado and San Luis, Arizona.
    To construct this new commercial port of entry, the Greater 
Yuma Port authority was formed. The Port Authority identified 
330 acres of undeveloped desert land currently owned by the 
Bureau of Reclamation, which has been declared as surplus by 
the agency. H.R. 3023 would convey this Bureau of Reclamation 
land to the Greater Yuma Port Authority at fair market value to 
construct the new commercial Port of Entry.

                          Legislative History

    H.R. 3023 was introduced by Representative Pastor on 
October 12, 1999. On June 26, 2000 the bill passed the House of 
Representatives by a vote of 404 to 1. Companion legislation, 
S. 2834, was introduced on June 30, 2000 by Senator Kyl. The 
Subcommittee on Forests and Public Land Management held a 
hearing on S. 2834 and H.R. 3023 on July 20, 2000. At the 
business meeting on September 20, 2000, the Committee on Energy 
and Natural Resources ordered H.R. 3023 favorably reported 
without amendment.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 30, 2000, by a voice vote of 
a quorum present, recommends that the Senate pass H.R. 3023 
without amendment.

                      Section-By-Section Analysis

    Section (1)(a)(1) authorizes the Secretary of the Interior 
to convey certain lands or interest therein, within 5 years, as 
described in paragraph (2).
    Paragraph (2) describes the parcels of lands and interests.
    Subsection (b) describes the covenants and conditions that 
the conveyances described in paragraph (2) are subject to.
    Subsection (c) requires the Greater Yuma Port Authority to 
pay fair market value for the parcels conveyed, subject to 
certain price adjustments. The subsection allows for a 
reduction in the amount to be paid to cover the cost of 
compliance with subsection (e) and to reflect the fact that the 
Federal Government will be using 80 acres of the site and 
retaining numerous rights-of-way.
    Subsection (d) requires the Greater Yuma Port Authority to 
use the parcels solely for the purpose of constructing and 
operating an international port of entry and related 
activities.
    Subsection (e) requires that any actions necessary under 
the National Environmental Policy Act, the Endangered Species 
Act, the National Historic Preservation Act, and other 
applicable Federal laws must be completed at no cost to the 
United States before the conveyances.
    Subsection (f) requires coordination with Federal agencies 
with respect to a border strip.
    Subsection (g) requires a satisfactory survey to determine 
exact acreage and legal descriptions of the property conveyed, 
which will be paid for by the Greater Yuma Port Authority.
    Subsection (h) defines key terms used in the Act.

                   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,
                                   Washington, DC, October 2, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3023, an act to 
authorize the Secretary of the Interior, acting through the 
Bureau of Reclamation, to convey property to the Greater Yuma 
Port Authority of Yuma County, Arizona, for use as an 
international port of entry.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Applebaum.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 3023--An act to authorize the Secretary of the Interior, acting 
        through the Bureau of Reclamation, to convey property to the 
        Greater Yuma Port Authority of Yuma County, Arizona, for use as 
        an international port of entry

    H.R. 3023 would authorize the Secretary of the Interior to 
convey certain lands to the Greater Yuma Port Authority of Yuma 
County, Arizona. As a condition of conveyance, the port 
authority would have to pay the fair market value of the land, 
as of the date of the legislation's enactment. The legislation 
would require the port authority to use these lands only for 
the construction and operation of an international port of 
entry and related activities.
    CBO estimates that H.R. 3023 would not have a significant 
effect on the federal budget. Based on information from the 
Bureau of Reclamation and the General Services Administration, 
CBO estimates that the federal government would receive about 
$300,000 from the sale of lands to the Greater Yuma Port 
Authority. Currently, this property does not generate any 
receipts for the federal government; however, the agency plans 
to sell the property in the future. CBO expects that sale of 
the property for the fair market value in 2001 would offset any 
forgone receipts from sale under current law at a later date. 
Because enacting H.R. 3023 would affect offsetting receipts (a 
form of direct spending), pay-as-you-go procedures would apply.
    H.R. 3023 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act. State 
and local governments would probably incur some costs as a 
result of the legislation's enactment, but these costs would be 
voluntary. Further, the surrounding communities would benefit 
from the purchase of the land, which would enable them to 
construct a new port of entry for commercial traffic between 
the United States and Mexico. This new port of entry would 
reduce delays at the existing border crossing at San Luis, 
Arizona.
    On June 23, 2000, CBO transmitted a cost estimate for H.R. 
3023 as ordered reported by the House Committee on Resources on 
May 24, 2000. The two versions of this legislation are the 
same, as are our cost estimates.
    The CBO staff contacts for this estimate are Rachel 
Applebaum (for federal costs), and Marjorie Miller (for the 
state and local impact). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVVI 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. 3023.
    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. 3023, as ordered reported.

                        Executive Communications

    On September 20, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 3023. These 
reports had not been received at the time the report on H.R. 
3023 was filed. When the reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
Bureau of Reclamation at the Subcommittee hearing on H.R. 3023 
follows.

Statement of Robert Quint, Acting Chief of Staff, Bureau of Reclamation

    Thank you for the opportunity to provide the Department of 
the Interior's views on S. 2834 and the companion bill, H.R. 
3023, to convey undeveloped property to the Greater Yuma Port 
Authority for use as an international port of entry.
    S. 2834 and H.R. 3023 would authorize the Secretary of the 
Interior to convey approximately 339 acres managed by the 
Bureau of Reclamation to the Greater Yuma Port Authority for 
use as an international port of entry. The Greater Yuma Port 
Authority, comprised of the cities of San Luis and Somerton, 
Yuma County and Cocopah Tribe, would pay fair market value for 
the property. Prior to conveyance, the Secretary would have to 
comply with all applicable Federal laws, including the National 
Environmental Policy Act, the Endangered Species Act and the 
National Historic Preservation Act.
    The purpose of this bill is to alleviate traffic problems 
at the present border crossing in San Luis by building a new 
crossing for commercial vehicles five miles east of the 
existing port of entry. The Bureau of Reclamation does not need 
these lands and would like to assist in this effort.
    The Department recommends one technical change in the 
legislation. Section (e) which calls for full compliance with 
all applicable laws at no cost to the United States (emphasis 
added) is inconsistent with Section (c)(2)(B) which would 
deduct the cost of compliance with applicable laws from the 
fair market value the United States would receive for the lands 
conveyed. The Department recommends deletion of Section 
(c)(2)(B).
    Thank you for holding this hearing. I would be pleased to 
answer any questions you may have.

                        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 Act H.R. 3023 as 
ordered reported.