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                                                        Calendar No. 54
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-39
======================================================================


 
   EDWARD H. MCDANIEL AMERICAN LEGION POST NO. 22 LAND CONVEYANCE ACT

                                _______
                                

                 March 14, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 253]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 253) to direct the Secretary of the 
Interior to convey certain land to the Edward H. McDaniel 
American Legion Post No. 22 in Pahrump, Nevada, for the 
construction of a post building and memorial park for use by 
the American Legion, other veterans' groups, and the local 
community, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. On page 2, line 21, strike ``subsection (b)'' and insert 
``subsection (a)''.
    2. On page 3, line 7, strike ``section (b)'' and insert 
``subsection (b)''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 253 is to direct the Secretary of the 
Interior to convey approximately 4.5 acres of land to the 
Edward H. McDaniel American Legion Post No. 22 in Pahrump, 
Nevada, for the construction of a post building and memorial 
park for use by the American Legion, other veterans' groups, 
and the local community.

                          BACKGROUND AND NEED

    The existing facility used by veterans in Pahrump was built 
by the Veterans of Foreign Wars in the 1960's. It is inadequate 
for the veterans' current needs. The nearest facility that can 
accommodate their needs is located in Las Vegas, more than 60 
miles away. S. 253 will provide land necessary for the Pahrump 
American Legion to build new facilities that will benefit local 
veterans and community activities. S. 253 directs the Secretary 
of the Interior to convey approximately 4.5 acres to American 
Legion ``Edward H. McDaniel'' Post No. 22 in Pahrump without 
consideration.

                          LEGISLATIVE HISTORY

    S. 253 was introduced by Senators Reid and Ensign on 
February 1, 2005. The Subcommittee on Public Lands and Forests 
held a hearing on a similar bill, S. 1521, on May 5, 2004. S. 
1521 was passed by the Senate twice, first as a stand alone 
bill on September 15, 2004. The House of Representatives 
amended S. 1521 on October 4, 2004 to add several unrelated 
provisions. On December 7, 2004, the Senate concurred in the 
House amendment, again adding several unrelated provisions. The 
House did not act on that amended version prior to the sine die 
adjournment of the 108th Congress.
    At its business meeting on February 9, 2005, the Committee 
on Energy and Natural Resources ordered S. 253, as amended, 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on February 9, 2005, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 253, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 253, the Committee adopted 
two technical amendments.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title.
    Section 2 defines key terms used in the bill.
    Section 3 provides for the conveyance of 4.5 acres of land 
in Pahrump, Nevada, and makes the conveyance subject to 
requirements on the use of the land or, unless waived by the 
Secretary, the parcel will revert to the United States.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 253--Edward H. McDaniel American Legion Post No. 22 Land Conveyance 
        Act

    S. 253 would direct the Secretary of the Interior to 
convey, for no consideration, 4.5 acres of land in Nye County, 
Nevada, to the Edward H. McDaniel American Legion Post. The 
bill specifies that the group must use the land only to 
construct and operate facilities for use by the American 
Legion, other veterans groups, or the local community. Under 
the bill, if that condition is not met, ownership of the land 
would revert to the federal government.
    According to the Bureau of Land Management, the property to 
be conveyed currently generates no significant receipts and is 
not expected to do so over the next 10 years. Therefore, we 
estimate that conveying it would not affect offsetting receipts 
(a credit against direct spending). We also estimate that the 
agency's administrative costs to complete the proposed 
conveyance would be negligible, assuming the availability of 
appropriated funds. Enacting S. 253 would not affect revenues.
    S. 253 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    The CBO staff contact for this estimate is Lisa Cash 
Driskill. 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 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. 253.
    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. 253, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    Views of the Administration were included in testimony 
received by the Committee on a substantially similar bill at a 
hearing on May 5, 2004.

Statement of Bob Anderson, Deputy Assistant Director, Minerals, Realty 
           and Resource Protection, Bureau of Land Management

    Thank you for inviting me to testify regarding a number of 
land conveyance bills of interest to the Bureau of Land 
Management (BLM).


  s. 1521--the ``edward h. mcdaniel american legion post no. 22 land 
                            conveyance act''


    The Administration supports the goals of S. 1521, but would 
like to work with the Committee to address certain concerns and 
clarify technical issues discussed more fully below.
    The Administration has a number of concerns with S. 1521 as 
introduced. First, the tract to be conveyed under S. 1521 has 
not been identified for disposal under the current land use 
plan, which was adopted in 1998. The BLM would like to work 
with the Committee and the American Legion Post No. 22 to 
identify an alternate site within the over 9,300 acres of 
public lands in the area currently identified as suitable for 
disposal in the current land use plan. Second, the legislation 
directs the Secretary of the Interior to transfer the lands 
identified within 120 days. This requirement results in time 
concerns relative to the BLM's ability to fulfill certain 
requirements associated with the land conveyance, which 
include, among others, conducting a cadastral survey and 
performing hazardous substances and cultural resources 
clearances. This is in addition to the ability to fulfill 
requirements under the National Environmental Policy Act 
(NEPA). Selection of alternate lands that are currently 
identified for disposal in the land use plan could help 
alleviate the conflict created between the time limitation and 
the requirement to comply with applicable Federal laws, 
although more time may still be needed.
    Third, the Administration requests an addition to the 
reversionary clause to provide for the sale of these lands by 
the transferee, with the sale proceeds going to the Federal 
government, as an alternative to reversion. This would protect 
taxpayers from assuming potential liabilities that might arise 
by giving the Federal government discretion regarding the 
reversion.
    Finally, the BLM, as a matter of practice, receives fair 
market value for land being transferred out of public 
ownership. For conveyances to non-governmental entities that 
qualify under the Recreation and Public Purposes Act, the 
United States receives 50 percent of fair market value. We 
would like to work with the Committee to address these concerns 
so that the necessary work can be completed and public notice 
and participation can occur.
    We look forward to working with the Committee and local 
interests to address the concerns we have identified in S. 
1521.
    Thank you for the opportunity to testify. I'll be happy 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 the bill S. 253, as ordered 
reported.