89–010 

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. 

2 

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. 

3 

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-asyou-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. 

4 

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. 

Æ