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[Senate Report 115-316]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 543

115th Congress  }                                          { Report
                                 SENATE
 2d Session     }                                          { 115-316

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                   WEST FORK FIRE STATION ACT OF 2017

                                _______
                                

                 August 1, 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 H.R. 4609]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 4609) to provide for the conveyance of 
a Forest Service site in Dolores County, Colorado, to be used 
for a fire station, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                PURPOSE

    The purpose of H.R. 4609 is to provide for the conveyance 
of approximately 3.61 acres of National Forest System land to 
Dolores County, Colorado, to be used for a fire station.

                          BACKGROUND AND NEED

    The Dolores County Fire Protection District (DCFPD) has 
historically been headquartered in neighboring Montezuma 
County, Colorado. When responding to fire and emergency calls 
outside of Montezuma County in Dolores County, firefighters and 
taxpayers in Dolores County have shouldered increasingly 
difficult logistical and financial burdens. In addition, some 
private homeowners have been unable to obtain home insurance 
due to the lack of local fire protection.
    Given these challenges, the Dolores County Board of County 
Commissioners (DCBOCC) worked with local constituents, as well 
as Congressional staff, the DCFPD, and the U.S. Forest Service, 
to resolve the issue. Local individuals have been trained as 
firefighters, and necessary equipment has been procured. A fire 
station is now necessary to house the equipment and trained 
firefighters. After raising funds to cover construction costs, 
the DCBOCC approached the Forest Service about a land 
conveyance for a parcel that would provide enough space to 
house a fire station, as well as for ingress and egress of 
equipment.
    H.R. 4609 directs the Forest Service to convey 
approximately 3.61 of National Forest lands in Dolores County 
to the County, to provide a site for the fire station. The 
County will pay for conveyance costs, and the Act includes a 
reversionary clause restricting use of the land for a fire 
station, related infrastructure, and roads to facilitate access 
to and through the West Fork Fire Station Conveyance Parcel.

                          LEGISLATIVE HISTORY

    Representative Tipton introduced H.R. 4609 in the House of 
Representatives on December 11, 2017. H.R. 4609 was reported by 
the Committee on Natural Resources on April 9, 2018 (H. Rept. 
115-624) and the House of Representatives passed the measure by 
voice vote on April 16, 2018.
    Senators Bennet and Gardner introduced companion 
legislation, S. 2218, on December 12, 2017. On February 7, 
2018, the Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 2218.
    The Senate Committee on Energy and Natural Resources met in 
an open business session on May 17, 2018, and ordered H.R. 4609 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 17, 2018, by a majority voice vote 
of a quorum present recommends that the Senate pass H.R. 4609.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides a short title.

Section 2. Definitions

    Section 2 provides the definitions of key terms.

Section 3. Conveyance of West Fork Fire Station Conveyance Parcel, 
        Dolores County, Colorado

    Subsection (a) directs the Secretary of Agriculture 
(Secretary) to convey to the County, without consideration, all 
right, title, and interest of the United States in and to the 
West Fork Fire Station Conveyance Parcel. The subsection 
further states that such conveyance is to be made upon request 
from the County and subject to terms and conditions that are 
mutually satisfactory to the Secretary and County.
    Subsection (b) provides that the County is responsible for 
any conveyance-related costs, including processing and 
transaction costs.
    Subsection (c) specifies that the conveyed land shall only 
be used by the County for a fire station, related 
infrastructure, and roads to facilitate access to and through 
the West Fork Fire Station Conveyance Parcel.
    Subsection (d) states that if any portion of the conveyed 
land is used in a manner that is inconsistent with the 
specified uses, the land shall, at the discretion of the 
Secretary, revert to the United States.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    H.R. 4609 would require the Forest Service to convey 
roughly four acres of federal land to Dolores County, Colorado, 
at that county's request and without consideration.
    Because H.R. 4609 would require the county to pay any 
administrative costs associated with the conveyance, 
implementing the act would not affect spending subject to 
appropriation.
    Using information provided by the Forest Service, CBO 
estimates that enacting H.R. 4609 also would not affect direct 
spending because the affected lands are not expected to 
generate any income over the next 10 years and it would not 
affect revenues. Therefore, pay-as-you-go procedures do not 
apply.
    CBO estimates that enacting H.R. 4609 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029. H.R. 4609 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act.
    On March 22, 2018, CBO transmitted a cost estimate for H.R. 
4609, the West Fork Fire Station Act of 2017, as ordered 
reported by the House Committee on Natural Resources on March 
14, 2018. The two versions of the legislation are similar, and 
CBO's estimates of their budgetary effects are the same.
    The CBO staff contact for this estimate is Jeff LaFave. 
This 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 H.R. 4609. 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 H.R. 4609, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 4609, 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 U.S. Forest Service at the 
February 7, 2018, hearing on S. 2218, the companion legislation 
to H.R. 4609, 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. 
2218--West Fork Fire Station Act of 2017. I am Glenn Casamassa, 
Associate Deputy Chief for the National Forest System (NFS), 
USDA Forest Service.
    S. 2218 would convey, without consideration, all right, 
title, and interest in approximately 3.61 acres of National 
Forest System land on the San Juan National Forest to Dolores 
County, Colorado for construction and operation of a fire 
station, associated infrastructure, and access roads.
    USDA supports Dolores County in their efforts to provide 
improved emergency services to county residents and visitors. 
We agree that the parcel of land in question is in a practical 
location to provide these services and that there are not 
similarly situated non-federal lands of limited acreage 
available that provide the same locational benefits. However, 
we do note that Section 3(a) is inconsistent with longstanding 
federal policy that market value consideration should be paid 
to the United States for conveyance of federal lands owned by 
all Americans.
    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.
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