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                                                       Calendar No. 654
                                                       
                                                       
115th Congress   }                                            {   Report
                                  SENATE
 2d Session      }                                            {   115-367

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



 
                  CUSTER COUNTY AIRPORT CONVEYANCE ACT

                                _______
                                

               November 15, 2018.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2297]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2297) to direct the Secretary of 
Agriculture to transfer certain National Forest System land to 
Custer County, South Dakota, 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 4, strike lines 3 through 7.
    2. On page 4, line 8, strike ``(h)'' and insert ``(g)''.
    3. On page 4, strike lines 14 through 19 and insert the 
following:

    (h) Proceeds From the Sale of Land.--Any proceeds received 
by the Secretary from the conveyance under subsection (a) shall 
be--
          (1) deposited in the fund established under Public 
        Law 90-171 (commonly known as the ``Sisk Act'') (16 
        U.S.C. 484(a)); and
          (2) available to the Secretary until expended, 
        without further appropriation, for the acquisition of 
        inholdings in units of the National Forest System in 
        the State of South Dakota.

                                PURPOSE

    The purpose of S. 2297 is to direct the Secretary of 
Agriculture (Secretary) to transfer certain National Forest 
System land to Custer County, South Dakota.

                          BACKGROUND AND NEED

    The Custer County airport is a small, municipal public 
airport located in southwest South Dakota, just a few miles 
outside of Custer, South Dakota. The airport is surrounded on 
three sides by rural, residential areas, and on a fourth side 
by an industrial area. The runway of the Custer County Airport, 
and part of the area at the end of the runway (the Runway 
Protection Zone), is located in the Black Hills National 
Forest.
    Through an existing special use permit, the Custer County 
Airport uses approximately 65.7 acres of National Forest System 
land. Custer County seeks to have full ownership of all of the 
acres the airport occupies. Conveying the lands would allow 
Custer County to have greater flexibility in operating the 
airport facilities and enable its future expansion to better 
serve the community.
    S. 2297 authorizes the U.S. Forest Service to convey to 
Custer County the approximately 65.7 acres of National Forest 
System land covered by the special use permit at fair market 
value.

                          LEGISLATIVE HISTORY

    S. 2297 was introduced by Senators Thune and Rounds on 
January 11, 2018. The Subcommittee on Public Lands, Forests, 
and Mining, held a hearing on S. 2297 on August 22, 2018.
    Representative Noem introduced companion legislation, H.R. 
4781, in the House of Representatives on January 11, 2018. The 
bill was referred to the Natural Resources Committee.
    The Senate Committee on Energy and Natural Resources met in 
open business session on October 2, 2018, and ordered S. 2297 
favorably reported, as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2297, if amended as described herein.

                          COMMITTEE AMENDMENTS

    The Committee adopted two technical amendments and one 
substantive amendment to clarify that the land sale proceeds 
shall be deposited in a fund established under the Sisk Act (16 
U.S.C. 484a) and used to purchase inholdings in units of the 
National Forest System in South Dakota.

                      SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title

    Section 1 provides a short title.

Sec. 2. Definitions

    Section 2 provides key definitions.

Sec. 3. Land conveyance

    Subsection (a) directs the Secretary to convey 
approximately 65.7 acres of National Forest System land to 
Custer County, South Dakota, if the County offers the fair 
market value for the land.
    Subsection (b) provides terms and conditions for the 
conveyance.
    Subsection (c) directs the Secretary to conduct an 
appraisal of the land within 60 days of the Act's enactment, in 
accordance with the Uniform Appraisal Standards for Federal 
Land Acquisitions and the Uniform Standards of Professional 
Appraisal Practice.
    Subsection (d) requires the Forest Service to make the map 
publically available and authorizes the Secretary to correct 
any errors in the map.
    Subsection (e) directs the County to pay the fair market 
value for the land, as determined by the appraisal.
    Subsection (f) requires the acreage and legal description 
of the land to be conveyed to be determined by a survey that is 
satisfactory to the Secretary.
    Subsection (g) requires as a condition of the conveyance 
that the County pay all costs associated with carrying out the 
conveyance.
    Subsection (h) directs the land sale proceeds to be 
deposited in a fund under the Sisk Act and requires those funds 
to be available to the Secretary to acquire inholdings in units 
of the National Forest System in South Dakota.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    S. 2297 would direct the Forest Service to convey roughly 
66 acres of federal land to Custer County, South Dakota, at 
fair market value if the county submits a request to purchase 
the land. CBO expects that under the bill, the county would 
submit such a request.
    Because the bill would require Custer County to pay all 
costs associated with the conveyance, CBO estimates that 
implementing the bill would have no significant effect on 
spending subject to appropriation.
    According to the Forest Service, the affected land 
currently produces no income from mineral or geothermal leasing 
or from timber production, and the Forest Service does not 
expect any such income in the future. Under the bill, proceeds 
from the conveyance (which would be recorded in the budget as 
offsetting receipts, or reductions in direct spending) would be 
available to the Forest Service to spend without further 
appropriation. Based on land values for similar tracts in 
Custer County, CBO estimates that those receipts would total 
less than $500,000 and would be offset by an expenditure 
thereafter; thus, CBO estimates that the net effect on direct 
spending would be negligible.
    Because enacting S. 2297 would affect direct spending, pay-
as-you-go procedures apply. The bill would not affect revenues.
    CBO estimates that enacting S. 2297 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 2297 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
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. 2297. 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. 2297, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2297, as ordered 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 Department of Agriculture at 
the August 22, 2018, hearing on S. 2297 follows:

 Statement of Glenn Casamassa, Associate Deputy Chief, National Forest 
  System, U.S. Forest Service, United States Department of Agriculture

    Chairman Lee, Ranking Member Wyden, members of the 
Subcommittee, thank you for the opportunity to present the 
views of the U.S. Department of Agriculture (USDA) regarding S. 
2297--Custer County Airport Conveyance Act. I am Glenn 
Casamassa, Associate Deputy Chief for the National Forest 
System (NFS), USDA Forest Service.
    S. 2297 would convey, for market value consideration, all 
right, title, and interest in approximately 65.7 acres of 
National Forest System land on the Black Hills National Forest 
to Custer County, South Dakota for the continued operation of 
the Custer County Regional Airport.
    USDA supports S. 2297. Airport infrastructure authorized 
under a special use permit currently occupies the subject NFS 
lands which are consequently not generally available for NFS 
multiple use purposes. Conveying the lands would allow Custer 
County greater flexibility in operating the facility which 
provides an important service to residents and visitors in 
western South Dakota.
    Thank you again for the opportunity to testify on this bill 
and I look forward to your questions at the appropriate time.

                        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 as ordered 
reported.