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                                                       Calendar No. 701
105th Congress                                                   Report
                                 SENATE
 2d Session                                                     105-383
_______________________________________________________________________


 
                      SAN JUAN COUNTY, NEW MEXICO

                                _______
                                

  October 9 (legislative day October 2), 1998.--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 S. 2402]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2402) to direct the Secretary of 
Agriculture to convey certain lands in San Juan County, new 
Mexico, to San Juan College, having considered the same, 
reports favorably thereon with an amendment and an amendment to 
the title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. OLD JICARILLA ADMINISTRATIVE SITE.

    (a) Conveyance of Property.--Not later than one year after the date 
of enactment of this Act, the Secretaries of Agriculture and Interior 
(herein ``the Secretaries'') shall convey to San Juan College, in 
Farmington, New Mexico, subject to the terms and conditions under 
subsection (c), all right, title, and interest of the United States in 
and to a parcel of real property (including any improvements on the 
land) consisting of approximately ten acres known as the ``Old 
Jicarilla Site'' located in San Juan County, New Mexico (T29N; R5W; 
portions of Sections 29 and 30).
    (b) Description of Property.--The exact acreage and legal 
description of the real property conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretaries and the 
President of San Juan College. The cost of the survey shall be borne by 
San Juan College.
    (c) Terms and Conditions.--
          (1) Notwithstanding exceptions of application under the 
        Recreation and Public Purposes Act (43 U.S.C. 869(c)), 
        consideration for the conveyance described in subsection (a) 
        shall be--
                  (A) an amount that is consistent with the Bureau of 
                Land Management special pricing program for 
                Governmental entities under the Recreation and Public 
                Purposes Act; and
                  (B) an agreement between the Secretaries and San Juan 
                College indemnifying the Government of the United 
                States from all liability of the Government that arises 
                from the property.
          (2) The lands conveyed by this Act shall be used for 
        educational and recreational purposes. If such lands cease to 
        be used for such purposes, at the option of the United States, 
        such lands will revert to the United States.
    (d) Land Withdrawals.--Public Land Order 3443, only insofar as it 
pertains to lands described in subsections (a) and (b) above, shall be 
revoked simultaneous with the conveyance of the property under 
subsection (a).
    2. Amend the title so as to read: ``A bill to direct the 
Secretaries of Agriculture and Interior to convey certain lands 
in San Juan County, New Mexico, to San Juan College.''.

                         PURPOSE OF THE MEASURE

    S. 2402, as ordered reported, directs the Secretaries of 
Agriculture and Interior to convey certain lands in San Juan 
County, New Mexico, to San Juan College.

                          background and need

    S. 2402 directs the Secretaries of Agriculture and Interior 
to convey real property and improvements, known as the ``Old 
Jicarilla Administrative Site,'' to San Juan College. S. 2402 
requires that the site continue to be used for public purposes, 
including the educational and recreational purposes of the 
college. The Forest Service and Bureau of Land Management have 
determined that this site is of no further use to them, because 
the Jicarilla District Ranger moved into a new administrative 
facility in the town of Bloomfield, New Mexico. The facility 
has had no occupants for several years. The Forest Service 
reported to the General Services Administration that the 
improvements on the site were considered surplus and would be 
available for disposal under the appropriate administrative 
procedures.

                          legislative history

    S. 2402 was introduced on July 31, 1998, by Senators 
Domenici and Bingaman. It was referred to the Committee on 
Energy and Natural Resources on September 18, 1998. The 
Subcommittee on Forests and Public Land Management held a 
hearing on S. 2402 on October 1, 1998. At the business meeting 
on October 6, 1998, the Committee on Energy and Natural 
Resources ordered S. 2402, as amended, favorably reported.

            Committee recommendation and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on October 6, 1998, by unanimous vote of a 
quorum present recommends that the Senate pass S. 2402, if 
amended as described herein.

                      section-by-section analysis

Section I. Old Jicarilla administrative site

    Section 1(a) states that, not later than one year after the 
date of enactment, the Secretaries of Agriculture and Interior 
shall convey to San Juan College approximately ten acres known 
as the Old Jicarilla Administrative Site.
    Subsection (b) states that exact acreage and legal 
description of the property conveyed shall be determined by a 
survey satisfactory to the Secretaries and the President of San 
Juan College and that the cost of the survey shall be borne by 
San Juan College.
    Subsection (c) provides that, notwithstanding exceptions 
under the Recreation and Public Purposes Act, conveyance shall 
be consistent with the Bureau of Land Management special 
pricing program and an agreement between the Secretaries and 
San Juan College indemnifying the United States from all 
liability. This subsection requires that the lands conveyed by 
this Act be used for educational and recreational purposes and 
states that, if the lands are not used for such purposes, at 
the option of the United States, such lands will revert to the 
United States.
    Subsection (d) states that Public Order 3443 shall be 
revoked simultaneously with the conveyance of the property.

                          Committee Amendment

    During consideration of S. 2402, the Committee adopted an 
amendment in the nature of a substitute offered by Senators 
Domenici and Bingaman. The amendment makes technical and 
clarifying changes. Specifically, the amendment provides that 
the Secretary of the Interior is involved in the conveyance. In 
addition, the amendment clarifies the status of the land upon 
conveyance.

                    Cost and Budgetary Consideration

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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. 2402.
    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. 2402.

                        Executive Communications

    The Committee on Energy and Natural Resources has requested 
executive comment from the Department of Agriculture and the 
Office of Management and Budget. These legislative reports were 
not available at the time this report was filed. When the 
requested 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 Forest Service at 
the October 1, 1998, Subcommittee hearing follows:

   Statement of Sandra H. Key, Associate Deputy Chief, Programs and 
         Legislation, Forest Service, Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to discuss the Forest Service's views on S. 
2402.


   s. 2402--old jicarilla administrative site, carson national forest


    The Administration supports enactment of S. 2402.
    S. 2402 directs the Secretary of Agriculture to convey all 
right, title, and interest of the United States, to lands 
including improvements, commonly known as the ``Old Jicarilla 
District Headquarters,'' located in Governador, New Mexico, to 
San Juan College. This site is currently unoccupied and has 
been reported to the General Services Administration as surplus 
and available for disposal. The Forest Service's new 
administrative site is located in the town of Bloomfield, New 
Mexico.
    The bill provides for the conveyance of a 10 acre 
administrative site to San Juan College to be used for 
educational and recreational purposes. This bill is generally 
patterned on S. 1510, Rio Arriba county land transfer, which 
was passed by the Senate earlier this year and which transfers 
a similar Forest Service administrative site on public lands 
managed by BLM to a county government.
    Enactment of S. 2402 would provide long-term benefits for 
the people of San Juan County and the students and faculty of 
San Juan College.

                        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. 2402 as ordered 
reported.