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Calendar No. 930
106th Congress Report
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.
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
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
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
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.
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
Barry B. Anderson
(For Dan L. Crippen, Director).
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,
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
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
Little, if any, additional paperwork would result from the
enactment of H.R. 3023, as ordered reported.
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
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
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