[House Hearing, 107 Congress]
[From the U.S. Government Publishing Office]
H.R. 3434, H.R. 3449 and H.R. 4953
=======================================================================
LEGISLATIVE HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS, RECREATION, AND PUBLIC LANDS
of the
COMMITTEE ON RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
__________
July 16, 2002
__________
Serial No. 107-139
__________
Printed for the use of the Committee on Resources
Available via the World Wide Web: http://www.access.gpo.gov/congress/
house
or
Committee address: http://resourcescommittee.house.gov
______
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WASHINGTON : 2003
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COMMITTEE ON RESOURCES
JAMES V. HANSEN, Utah, Chairman
NICK J. RAHALL II, West Virginia, Ranking Democrat Member
Don Young, Alaska, George Miller, California
Vice Chairman Edward J. Markey, Massachusetts
W.J. ``Billy'' Tauzin, Louisiana Dale E. Kildee, Michigan
Jim Saxton, New Jersey Peter A. DeFazio, Oregon
Elton Gallegly, California Eni F.H. Faleomavaega, American
John J. Duncan, Jr., Tennessee Samoa
Joel Hefley, Colorado Neil Abercrombie, Hawaii
Wayne T. Gilchrest, Maryland Solomon P. Ortiz, Texas
Ken Calvert, California Frank Pallone, Jr., New Jersey
Scott McInnis, Colorado Calvin M. Dooley, California
Richard W. Pombo, California Robert A. Underwood, Guam
Barbara Cubin, Wyoming Adam Smith, Washington
George Radanovich, California Donna M. Christensen, Virgin
Walter B. Jones, Jr., North Islands
Carolina Ron Kind, Wisconsin
Mac Thornberry, Texas Jay Inslee, Washington
Chris Cannon, Utah Grace F. Napolitano, California
John E. Peterson, Pennsylvania Tom Udall, New Mexico
Bob Schaffer, Colorado Mark Udall, Colorado
Jim Gibbons, Nevada Rush D. Holt, New Jersey
Mark E. Souder, Indiana Anibal Acevedo-Vila, Puerto Rico
Greg Walden, Oregon Hilda L. Solis, California
Michael K. Simpson, Idaho Brad Carson, Oklahoma
Thomas G. Tancredo, Colorado Betty McCollum, Minnesota
J.D. Hayworth, Arizona Tim Holden, Pennsylvania
C.L. ``Butch'' Otter, Idaho
Tom Osborne, Nebraska
Jeff Flake, Arizona
Dennis R. Rehberg, Montana
Tim Stewart, Chief of Staff
Lisa Pittman, Chief Counsel/Deputy Chief of Staff
Steven T. Petersen, Deputy Chief Counsel
Michael S. Twinchek, Chief Clerk
James H. Zoia, Democrat Staff Director
Jeffrey P. Petrich, Democrat Chief Counsel
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SUBCOMMITTEE ON NATIONAL PARKS, RECREATION, AND PUBLIC LANDS
GEORGE P. RADANOVICH, California, Chairman
DONNA M. CHRISTENSEN, Virgin Islands Ranking Democrat Member
Elton Gallegly, California Dale E. Kildee, Michigan
John J. Duncan, Jr., Tennessee Eni F.H. Faleomavaega, American
Joel Hefley, Colorado Samoa
Wayne T. Gilchrest, Maryland Frank Pallone, Jr., New Jersey
Walter B. Jones, Jr., North Tom Udall, New Mexico
Carolina, Mark Udall, Colorado
Vice Chairman Rush D. Holt, New Jersey
Mac Thornberry, Texas Anibal Acevedo-Vila, Puerto Rico
Chris Cannon, Utah Hilda L. Solis, California
Bob Schaffer, Colorado Betty McCollum, Minnesota
Jim Gibbons, Nevada
Mark E. Souder, Indiana
Michael K. Simpson, Idaho
Thomas G. Tancredo, Colorado
C O N T E N T S
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Page
Hearing held on July 16, 2002.................................... 1
Statement of Members:
Christensen, Hon. Donna M., a Delegate in Congress from the
Virgin Islands, Prepared statement on H.R. 3434, H.R. 3449,
and H.R. 4953.............................................. 14
Davis, Hon. Jo Ann, a Representative in Congress from the
State of Virginia.......................................... 11
Prepared statement on H.R. 3449.......................... 13
Hooley, Hon. Darlene, a Representative in Congress from the
State of Oregon............................................ 5
Prepared statement on H.R. 3434.......................... 7
Radanovich, Hon. George P., a Representative in Congress from
the State of California.................................... 1
Prepared statement on H.R. 3434, H.R. 3449, and H.R. 4953 2
Walden, Hon. Greg, a Representative in Congress from the
State of Oregon............................................ 2
Prepared statement on H.R. 4953.......................... 4
Statement of Witnesses:
Anderson, Robert, Deputy Assistant Director, Minerals, Realty
and Resource Protection, Bureau of Land Management, U.S.
Department of the Interior................................. 14
Prepared statement on H.R. 4953.......................... 16
Cooper, Judge Scott R., Crook County Court, Crook County,
Oregon..................................................... 21
Prepared statement on H.R. 4953.......................... 30
Letters submitted for the record......................... 24
Masica, Sue, Associate Director, Park Planning, Facilities
and Lands, National Park Service, U.S. Department of the
Interior................................................... 18
Prepared statement on H.R. 3434.......................... 19
Prepared statement on H.R. 3449.......................... 20
Additional materials supplied:
Front, Alan, Senior Vice President, Trust for Public Land,
and Ralph Grossi, President, American Farmland Trust,
Statement submitted for the record on H.R. 3449............ 12
Salisbury, John, President, McLoughlin Memorial Association,
Statement submitted for the record on H.R. 3434............ 8
Williams, John, Mayor, City of Oregon City, Oregon, Statement
submitted for the record on H.R. 3434...................... 10
LEGISLATIVE HEARING ON H.R. 3434, TO AUTHORIZE THE SECRETARY OF THE
INTERIOR TO ACQUIRE THE McLOUGHLIN HOUSE NATIONAL HISTORIC SITE IN
OREGON CITY, OREGON, AND TO ADMINISTER THE SITE AS A UNIT OF THE
NATIONAL PARK SYSTEM, AND FOR OTHER PURPOSES; H.R. 3449, TO REVISE THE
BOUNDARIES OF THE GEORGE WASHINGTON BIRTHPLACE NATIONAL MONUMENT, AND
FOR OTHER PURPOSES; AND H.R. 4953, TO DIRECT THE SECRETARY OF THE
INTERIOR TO GRANT TO DESCHUTES AND CROOK COUNTIES IN THE STATE OF
OREGON A RIGHT-OF-WAY TO WEST BUTTE ROAD.
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Tuesday, July 16, 2002
U.S. House of Representatives
Subcommittee on National Parks, Recreation, and Public Lands
Committee on Resources
Washington, DC
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The Subcommittee met, pursuant to call, at 2:05 p.m., in
room 1334 Longworth House Office Building, Hon. George
Radanovich, [Chairman of the Subcommittee] presiding.
STATEMENT OF THE HON. GEORGE P. RADANOVICH, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
Mr. Radanovich. Good afternoon and welcome to the
Subcommittee on National Parks, Recreation & Public Lands.
Today we will be receiving testimony on three bills, H.R.
3434, H.R. 3449 and H.R. 4953.
Our first bill, introduced by Congresswoman Darlene Hooley
of Oregon, would authorize the Secretary of the Interior to
acquire the McLoughlin House National Historic Site in Oregon
City, Oregon, and to administer the site as a unit of the
National Park System.
Our second bill is H.R. 3449, introduced by Congresswoman
Jo Ann Davis of Virginia. That would authorize the boundary
expansion of the George Washington Birthplace National Monument
in Westmoreland County, Virginia by up to 115 acres.
Our third bill will be H.R. 4953 introduced by our
Committee colleague, Mr. Greg Walden. It is to direct the
Department of Interior to grant to Deschutes and Crook Counties
in the State of Oregon a right-of-way to West Butte Road, a
critical north-south route in central Oregon.
Before turning time over to Mrs. Christensen, I would ask
unanimous consent that Ms. Hooley, Ms. Davis and Mr. Walden be
permitted to sit on the dais following their statements.
Without any objection here, it is so ordered. I think we
will begin the hearing without an opening statement from Mrs.
Christensen, who I understand is on her way.
[The prepared statement of Mr. Radanovich follows:]
Statement of The Honorable George P. Radanovich, Chairman,
Subcommittee on National Parks, Recreation, and Public Lands
Good afternoon. The hearing will come to order.
This afternoon, the Subcommittee on National Parks, Recreation, and
Public Lands will receive testimony on three bills--H.R. 3434, H.R.
3449 and H.R. 4953.
Our first bill, H.R. 3434, introduced by Congresswoman Darlene
Hooley of Oregon, would authorize the Secretary of the Interior to
acquire the McLoughlin House National Historic Site in Oregon City,
Oregon, and to administer the site as a unit of the National Park
System.
Our second bill, H.R. 3449, introduced by Congresswoman Jo Ann
Davis of Virginia, would authorize the boundary expansion of the George
Washington Birthplace National Monument in Westmoreland County,
Virginia, by up to 115 acres.
Our last bill, H.R. 4953, introduced by our Committee colleague,
Congressman Greg Walden, would direct the Secretary of Interior to
grant to Deschutes and Crook Counties in the State of Oregon a right-
of-way to West Butte Road, a critical north-south route in central
Oregon.
Before turning the time over to Mrs. Christensen, I would ask
unanimous consent that Ms. Hooley, Ms. Davis, and Mr. Walden be
permitted to sit on the dais following their statements. Without
objection, so ordered.
I now turn to the Ranking Member, Mrs. Christensen for any opening
statement she may have.
______
Mr. Radanovich. Mr. Walden, welcome to the Committee. If
you would like to begin your testimony, we will do 5 minutes
each and then open it up for questions. Then again, you are
more than welcome to join us on the dais following that.
STATEMENT OF THE HON. GREG WALDEN, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF OREGON
Mr. Walden. Well, thank you very much, Mr. Chairman. I
appreciate your scheduling this hearing on H.R. 4953.
H.R. 4953 would direct the Secretary of Interior to grant
Deschutes and Crook Counties a right-of-way to West Butte Road
across land that is currently managed by the Bureau of Land
Management. The right-of-way would coincide with the current
roadway and would thus allow the counties to make improvements,
thereby creating an improved transportation route for Central
Oregon.
This improvement would enhance the connection from Oregon's
Highway 126 to U.S. Highway 20 and improve access to eastern
Oregon and neighboring States to the east. I introduced this
legislation to expedite the right-of-way exchange in an effort
to address the current economic development and transportation
needs of central Oregon in a timely fashion.
Mr. Chairman, Crook County, a partner in the exchange and a
community that is tied to natural resource production, has been
hard hit by six sawmill closures resulting in the loss of 22
percent of the family wage jobs in this community over the past
10 years.
Like so many of the natural resource based-communities
across the nation, Crook County is actively looking for the
means to revitalize its economy. This exchange would allow the
Federal Government to assist the community by improving its
transportation infrastructure.
With the establishment of a right-of-way, the county and
State would be able to construct a paved connection from
Highway 126 to Highway 20. This was allow traffic that is
currently bottlenecked in another part of Central Oregon to
pass through Prineville. I am hopeful that this improved route
will attract desperately needed businesses and jobs to Crook
County.
Mr. Chairman, for Deschutes County, passage of this
legislation would provide a traffic relief valve for the
congested Highway 97. In a recent study conducted by the Oregon
Department of Transportation, it was determined that 12,700
trucks and cars travel through an ODOT automatic traffic
recorder station located at the point traffic would turn off of
Highway 97 and utilize the West Butte route.
Thirteen percent of the total traffic consisted of large
trucks, of which 1,651 pass through this intersection per day.
Though it has not yet been determined how much traffic would
take advantage of the new route, evidence indicates that even a
small percentage would be a tremendous benefit in relieving
traffic congestion along U.S. Highway 97.
At the southern connection point at West Butte to Highway
20, ODOT conducted a separate study, assuming that 25 of all
truck traffic on U.S. 20 would use the West Butte Route. The
average daily truck traffic on U.S. 20 is estimated to be
around 326. Roughly 81 trucks a day would use the West Butte
route, bypassing the heavy traffic congestion of Bend and
Redmond.
Over 10 years ago, Deschutes County and the BLM recognized
the need to increase the transportation infrastructure in
Central Oregon. However, in 1989, a resource management plan
failed to anticipate it and address the rapid population growth
that has occurred in Bend, Redmond and the surrounding areas.
Currently, a new Upper Deschutes Resource Management plan
is being drafted by the BLM to address transportation issues as
part of the updated plan. However, Mr. Chairman, I am concerned
the BLM timeline will delay the right-of-way exchange causing
undue economic hardship in Crook County while failing to
address Central Oregon's transportation problems in a timely
manner.
This legislation has the support of the cities of
Prineville, Bend, Redmond, Crook and Deschutes Counties and the
Oregon Department of Transportation and the Central Oregon
Transportation Commission.
These groups are working hard to identify and improve
transportation routes through central Oregon. It is my
privilege to assist them in their efforts. I appreciate the
opportunity to make the case before this Committee.
Mr. Chairman, this legislation will really help on the jobs
front. Few counties in Oregon have been hit harder of late than
Crook County. This will reduce the amount of time trucks have
to spend traveling. I am told that one of the mills there has
even indicated in writing that if this change were to occur and
the route were to be shortened by upwards of 35 miles, that
they would be able then to reopen a saw mill that handles
really small timber.
So, it really does have a major impact, not only in the
timber industry, but on the tire industry where the
headquarters for LaScheib Tire Centers. Their trucks have to
make this detour route, if you will, around what could be a
much better route and it would save time, would save energy and
would probably save and really create jobs.
In closing, Mr. Chairman, I am honored, too, to have with
me today the judge from Crook County, Scott Cooper, who has
really spearheaded this effort. He is new to office, been
there, I think, 2 years now. He has really taken this bit in
his mouth. He flew all night to be here to join us today. So,
after my colleagues are finished, I look forward to the
opportunity to hear his comments today on this issue.
With that, Mr. Chairman, I yield back the balance of my
time.
[The prepared statement of Mr. Walden follows:]
Statement of The Honorable Greg Walden, a Representative in Congress
from the State of Oregon
Thank you, Mr. Chairman, for holding this legislative hearing to
discuss H.R. 4953. I commend you for scheduling this hearing, and I
look forward to working with you to get this important measure to the
House floor. I would also like to thank my Oregon colleagues, Senator
Wyden and Senator Smith, for introducing companion legislation in the
Senate and for their efforts to work in a bipartisan fashion to address
the most pressing issues facing central Oregon.
H.R. 4953 would direct the Secretary of the Interior to grant
Deschutes and Crook counties a right-of-way to West Butte Road across
land currently managed by the Bureau of Land Management (BLM). The
right-of-way would coincide with a current roadway and would, thus,
allow the counties to make improvements, thereby creating an improved
transportation route for central Oregon. This improvement would enhance
the connection from Oregon's Highway 126 to U.S. highway 20, improving
access to eastern Oregon and neighboring states to the east.
I introduced this legislation to expedite the right-of-way exchange
in an effort to address the current economic development and
transportation needs of central Oregon in a timely fashion.
Mr. Chairman, Crook County, a partner in the exchange and a
community that is tied to natural resource production, has been hard
hit by six sawmill closures, resulting in the loss of 22% of the family
wage jobs in the community over the past decade. Like so many of the
natural resource based communities across the nation, Crook County is
actively looking for the means to re-vitalize its economy. This
exchange would allow the Federal Government to assist the community by
improving its transportation infrastructure.
With the establishment of a right-of-way, the county and state
would be able to construct a paved connection from Highway 126 to
Highway 20. This would allow traffic that is currently bottlenecked in
another part of central Oregon to pass through Prineville. I am hopeful
that this improved route will attract desperately needed businesses and
jobs to Crook County.
Mr. Chairman, for Deschutes County, passage of this legislation
would provide a traffic ``relief valve'' for the congested highway 97.
In a recent study conducted by the Oregon Department of Transportation
(ODOT), it was determined that 12,700 trucks and cars travel through an
ODOT automatic traffic recorder station located at the point traffic
would turn off of Highway 97 and utilize the West Butte route. 13% of
the total traffic consisted of large trucks of which 1,651 pass through
this intersection per day. Though it has not yet been determined how
much traffic would take advantage of this new route, evidence indicates
that even a small percentage would be tremendously beneficial in
relieving traffic congestion along U.S. Highway 97.
At the southern connection point of West Butte to Highway 20, ODOT
conducted a separate study assuming that 25% of all truck traffic on
U.S. 20 would use the West Butte route. The average daily truck traffic
on U.S. 20 is estimated to be around 326. Roughly 81 trucks a day would
use the West Butte route, bypassing the heavy traffic congestion of
Bend and Redmond.
Over 10 years ago, Deschutes County and the BLM recognized the need
to increase the transportation infrastructure in central Oregon.
However, a 1989 Resource Management Plan created failed to anticipate
and address the rapid population growth that has occur in Bend,
Redmond, and surrounding areas. Currently, a new Upper Deschutes
Resource Management Plan is being drafted, by the BLM, to address
transportation issues as part of the update plan. However, Mr.
Chairman, I am concerned that the BLM timeline will delay the right-of-
way exchange, causing undue economic hardship in Crook County, while
failing to address central Oregon's transportation problems in a timely
manner.
This legislation has the support of the Cities of Prineville, Bend,
and Redmond, Crook and Deschutes County, the Oregon Department of
Transportation and the Central Oregon Transportation Commission. These
groups are working hard to identify and improve transportation routes
through central Oregon. It is my privilege to assist them in their
efforts.
Mr. Chairman, I thank you once again for holding this hearing and I
look forward to working with all my colleagues in the House to pass
this critical piece of legislation for the residents of central Oregon.
______
Mr. Radanovich. Thank you, Mr. Walden.
Now, we will move on to the Honorable Darlene Hooley from
Oregon as well, on H.R. 3434, Darlene, you may begin.
Ms. Hooley. Thank you. This must be Oregon day today.
Mr. Radanovich. It is Oregon day, yes.
Ms. Hooley. Thank you, Mr. Radanovich, for agreeing to work
with me on this bill. I ask that my entire written statement be
included in the record. I also ask that I be allowed to submit
testimony on behalf of John Salisbury, President of the
McLoughlin Memorial Association and John Williams, Mayor of the
city of Oregon City who were not able to travel to Washington,
D.C. to testify today.
Mr. Radanovich. There being no objection, it is so ordered.
STATEMENT OF THE HONORABLE DARLENE HOOLEY, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF OREGON
Ms. Hooley. Thank you. I come before this Committee today
to reiterate my support for a bill that not only preserves an
important piece of Pacific Northwest history, but arguably has
considerable national historic importance as well.
John McLoughlin cast a giant of a shadow on the early
development of the Oregon frontier. For 21 years, his powerful
voice was the only influence of law and order over an empire
two and a half times the size of Texas.
He had absolute control and he maintained it peacefully and
profitably with a balanced sense of justice, with an
overwhelming sense of compassion and generosity beyond
reproach, it is of little wonder that he was regarded by Native
Americans as a great white eagle. By the way, his statue is in
the Statuary Hall.
John McLoughlin did indeed walk taller and cast a greater
shadow that ever fell so humbly on the changing face of Oregon.
His duties were to create a mercantile arm of the British
Government to monopolize the fur trade business and maintain
peace among the numerous tribes of Indians.
Finding the facility at Astoria to be grossly rundown,
unfertile and too far from inland trade facilities, McLoughlin
moved the Northwest Headquarters to a move favorable location
on the northern side of Columbia called Fort Vancouver. The
fort flourished under the leadership of Dr. McLoughlin.
Without any type of military force, he was able to maintain
law and order by his own personality and by the cooperation of
his officers and employees. Defying company policy, Dr.
McLoughlin was sympathetic to the plight of settlers and often
offered them aid.
Often arriving sick and hungry and without provisions, his
kindly heart extended them credit, fed and clothed them, cared
for the sick and supplied them with seed for farming.
His personal decision to provide supplies and support to
the American settlers coming over the Oregon Trail, contrary to
his orders from the Hudson Bay Company Governor, proved to be
critical to the peaceful settlement of the territory in favor
of U.S. claims.
After resigning his position with Hudson Bay Company, he
purchased the company's land at Walamath Falls in Oregon City
and his family moved into the newly built home. McLoughlin
remained a public figure during his retirement and became U.S.
citizen in 1849. He donated land for a jail, parks, a female
seminary and in 1851 he was elected Mayor of Oregon City. He
died in his home 6 years later.
In 1941, the McLoughlin house was designated a National
Historic Site, the first such designation in the West. In 1957,
Dr. John McLoughlin was named ``Father of Oregon'' by the
Oregon State legislature. Fort Vancouver and the McLoughlin
House National Historic Site have a long and storied history
together.
The intent of my legislation is to see this history
continued by expanding the boundaries of Fort Vancouver to
include the McLoughlin House National Historic Site. Currently,
the McLoughlin House National Historic Site is maintained and
managed by a nonprofit McLoughlin Memorial Association.
When the McLoughlin House faced demolition in 1909, the
Memorial Association was formed and money raised to move the
house to a public part atop a bluff. McLoughlin's Home opened a
museum in 1910. For almost 100 years the association has done
admirable work to preserve and maintain this historic treasure
so thousands of people can continue to tour the site.
However, over the last several years the association has
been unable to raise the funds required to provide the needed
maintenance and upkeep of the property that is now in jeopardy
of falling into disrepair. The McLoughlin House National
Historic Act would do what we believe should have occurred over
60 years ago and that is include these properties as part of
the National Park System to be managed by the National Park
System.
It is again my intent that this would be done not by
creating a new unit of the National Park System, but rather by
simply including the McLoughlin House into the boundaries of
the Fort Vancouver National Historic Site.
I believe that including the McLoughlin House into the
boundaries is the only way to preserve in perpetuity the
cultural, education and historical benefits of this historic
site for future generations.
This legislation has the support of city and county
officials, the McLoughlin Memorial Association and the entire
Oregon delegation. The citizens of Oregon City approved a
ballot measure by over 80 percent that would grant the National
Park Service an interest in the city property on which the
McLoughlin House now sits.
I again thank you for consideration of the bill and thank
the Committee for your time.
Mr. Radanovich. Thank you very much, Ms. Hooley.
[The prepared statement of Ms. Hooley follows:]
Statement of The Honorable Darlene Hooley, a Representative in Congress
from the State of Oregon
I would first like to convey my sincere appreciation to Chairman
Radanovich for so generously agreeing to work with me on H.R. 3434, The
McLoughlin House National Historic Site Act and allowing it be heard
before the Subcommittee today.
I come before this Committee today to reiterate my support for a
bill that not only preserves an important piece of Pacific Northwest
history, but arguably has considerable national historical importance
as well. Before I delve into the specifics of the legislation, I'd like
to take a few moments and reflect upon the life of the man for which
this legislation bears his name, Dr. John McLoughlin.
Standing six feet four inches, John McLoughlin cast a giant of a
shadow on the early development of the Oregon frontier. For twenty-one
years his powerful voice was the only influence of law and order over
an empire two and a half times the size of Texas. He had absolute
control, and he maintained it peacefully and profitably with a balanced
sense of justice. With an over-whelming sense of compassion and
generosity beyond reproach, it's of little wonder that he was regarded
by Native Americans as, ``The Great White Eagle.'' John McLoughlin, did
indeed, walk taller and cast the greatest shadow that ever fell so
humbly on the changing face of Oregon.
McLoughlin was born in 1784 outside of Quebec, Canada. When
McLoughlin was only 14 years old, he began an apprenticeship with a
doctor and in 1803, at the youthful age of 19, was granted his license
to practice surgery and pharmacy. Shortly thereafter Dr. McLoughlin
obtained an appointment as medical officer for the North West Company,
fierce competitor of the Hudson's Bay Company in the fur trade.
McLoughlin continued his employment and partnership with the North West
Company until 1821, at which point it was absorbed by the Hudson's Bay
Company in a merger.
In 1824, McLoughlin arrived at Fort George, now called Astoria,
Oregon near the mouth of the Columbia River, to further establish an
administrative headquarters and supply depot for the ever expanding
Hudson's Bay Company. In part, his duties were to create a mercantile
arm of the British government, to monopolize the fur trade business,
and maintain peace among the numerous tribes of Indians. Finding the
facility at Astoria to be grossly rundown, unfertile and too far from
inland trade facilities, in 1825 McLoughlin moved the northwest
headquarters to a more favorable location on the northern side of the
Columbia. He built the new site at Belle Vue Point in what is now
Washington State and named it, Fort Vancouver.
The new fort was nearly 750 feet long and 450 feet wide with a
stockade about 20 feet high. There were about 40 buildings inside the
fort. The fort housed a school, a library, pharmacy, power house,
chapel, officers, warehouses, workshops, a blacksmith shop, and the
largest manufacturing facility west of the Rocky Mountains. Fully
contained, behind the fort were fields of grains, an orchard and a
vegetable garden. The Indians, with whom Dr. McLoughlin maintained a
very good relationship, were not allowed inside the stockade and would
conduct their trading through a porthole in the door. In 1829, a ship
arrived from Boston bringing with it a horrible fever which broke out
among them. Dr. McLoughlin spent much of his own time tending to the
ills of the stricken, but within four years over 30,000 Indians lay
dead.
The fort flourished under the leadership of Dr. McLoughlin. Without
any type of military force, he was able to maintain law and order by
his own personality and by the cooperation of his officers and
employees. There were no Indian wars in the Oregon Country until after
his resignation. Dr. John McLoughlin was so revered for his work in the
Oregon Country that in 1841 McLoughlin was knighted by Queen Victoria
at Buckingham Palace.
By the 1840's, the British knew that they couldn't keep the
American settlers out of Oregon, but they wanted to control as much of
the land as possible. Discouragement came in the form of tall tales of
fierce Indians, poor farming conditions, and terrible weather. Even
though it was against the policy of the Hudson's Bay Company, Dr.
McLoughlin was sympathetic to the plight of the settlers and offered
them aid. Often arriving sick, hungry, and without provisions, his
kindly heart extended them credit, fed and clothed them, cared for the
sick, and supplied them with seed for farming. His personal decision to
provide supplies and support to the American settlers coming over the
Oregon Trail, contrary to his orders from the Hudson's Bay Company
Governor, proved to be critical to the peaceful settlement of the
territory in favor of U.S. claims.
In 1845, no longer able to stomach company policy toward American
settlers, Dr. McLoughlin resigned his position with the Hudson's Bay
Company. After his resignation, he purchased Hudson's Bay Company's
land claim at Willamette Falls in Oregon City, and he and his family
moved into his newly-built house (The McLoughlin House) in 1846.
McLoughlin remained a public figure during his retirement and became a
U.S. citizen in 1849. He donated land for a jail and female seminary,
and in 1851 he was elected mayor of Oregon City. He died in his home
only six short years later.
In 1941, the McLoughlin House was designated a National Historic
Site, the first one in the west, and in 1957, Dr. John McLoughlin was
named ``Father of Oregon'' by the Oregon State Legislature.
As you can see, Fort Vancouver and the McLoughlin House National
Historic Site have a long and storied history together. The intent of
my legislation is to see that history continued by expanding the
boundaries of Fort Vancouver to include the McLoughlin House National
Historic Site.
Currently the McLoughlin House National Historic Site is maintained
and managed by the non-profit McLoughlin Memorial Association. When the
McLoughlin House faced demolition in 1909, the Memorial Association was
formed and money was raised to move the house to a public park atop the
bluff. McLoughlin's home opened as a museum in 1910. For almost 100
years, the association has done admirable work to preserve and maintain
this historic treasure so thousands of people can continue to tour the
site annually. However, over the past several years, the association
has been unable to raise the funds required to provide the needed
maintenance and upkeep of the property that is now in jeopardy of
falling into disrepair.
The McLoughlin House National Historic Act would do what we believe
should have occurred over 60 years ago and that is include these
properties as part of the National Park System to be managed by the
National Park Service. Again, it is my intent that this would be done,
not by creating a new unit of the National Park System, but rather by
simply including the McLoughlin House into the boundaries of Fort
Vancouver National Historic Site which is already administered as part
of the National Park System. I believe that including the McLoughlin
House into the boundaries of Fort Vancouver is the only way to preserve
in perpetuity the cultural, educational, and historical benefits of
this historic site for future generations.
This legislation has the support of city and county officials, the
McLoughlin Memorial Association, and the entire Oregon delegation. The
citizens of Oregon City also approved a ballot measure by over 80
percent that would grant the National Park Service an interest in the
city property on which the McLoughlin House now sits to allow the NPS
to administer the house.
I thank you once again for your consideration of this bill and
thank the Committee members for your time.
______
[The statements submitted for the record by Ms. Hooley
follow:]
Statement of John Salisbury, President,
McLoughlin Memorial Association
Mr. Chairman, although the Association cannot afford to send a
representative personally to Washington, D.C., I appreciate the
opportunity to share with you the Association's heartfelt feelings on
this critically important bill to include the McLoughlin House National
Historic Site in the National Park System.
To appreciate the importance of the McLoughlin House National
Historic Site, you have to understand the man himself. In his time,
John McLoughlin seemed larger than life, with a commanding presence
that earned him the nickname ``The White Headed Eagle.'' Today, due to
his rich legacy of compassion, we know that he truly was larger than
life. He stands out as an extraordinary man in difficult, tumultuous
times who chose to lead with kindness and support of others in need. If
there is a single person to whom we can attribute the peaceful
settlement of what is now the Pacific Northwest, it is John McLoughlin.
Contrary to Hudson's Bay Company orders and to the detriment of his
career, he offered aid and refuge to Americans coming to settle in the
lands of the Pacific Northwest. As one early Oregon pioneer, Daniel
Holman, wrote of McLoughlin, ``If he had not helped us we could not
have lived in Oregon.'' Another settler offered that McLoughlin's
``benevolent work was confined to no church, sect, or race of men, but
was as broad as suffering humanity, never refusing to feed the hungry,
clothe the naked, and provide for the sick and toilworn.'' His
commitment to service continued after his move to Oregon City, where he
continued to assist settlers and, indeed, anyone in need. He became one
of the city's earliest mayors and one of the Northwest's first
philanthropists, donating land and funds to support public uses such as
schools and parks.
McLoughlin's importance and significance spans his entire lifetime,
and his dedication and spirit are embodied both at Fort Vancouver
National Historic Site and McLoughlin House National Historic Site.
Over two years ago, the McLoughlin Memorial Association approached the
National Park Service at a public meeting concerning the development of
a general management plan for Fort Vancouver National Historic Site.
We, along with city representatives, made a strong case that the
McLoughlin House National Historic Site should be part of the National
Park System. We feel strongly that this site which in 1941 was
designated a national historic site and an affiliated unit of the
National Park System should formally become part of the System, either
as part of Fort Vancouver National Historic Site or as its own unit.
The McLoughlin House was the first site in the west to be
designated a national historic site. The house is, unquestionably, one
of the most significant historic sites in the Pacific Northwest and has
a direct link with Fort Vancouver National Historic Site. It was from
Fort Vancouver, that McLoughlin retired in 1846 to the home he had
built in Oregon City. Historically, the house symbolizes the beginnings
of settlement in the Oregon Territory. The house serves as a reminder
of McLoughlin as a prominent citizen, successful businessman and
entrepreneur, landowner, and devoted family man of not only Oregon City
and Oregon, but of the entire Northwest.
I would not be overstating it to say that the Association has a
great respect and love for the legacy of John McLoughlin and the
McLoughlin House National Historic Site. The Association, in fact, came
into being in 1909 in order to save the house from demolition. A
coalition of community leaders and citizens from Oregon City, Portland,
and Southwest Washington formed a tight-knit group to raise the funds
to move the house to its present location, which is land donated by
John McLoughlin to the people of Oregon Territory to be used for park
purposes. The Association has worked tirelessly for close to 100 years.
As much as we have accomplished, we have increasingly looked to the
National Park Service to provide assistance. As an affiliated site, we
have received assistance since 1941. However, we realize that we cannot
provide the level of attention and assistance that this nationally
significant site so richly deserves. Although it is difficult for me to
say this, the responsibilities of managing, protecting, and providing
for public programs at the McLoughlin site has weighed on us and in the
last 10-15 years it has become a burden to our small Association.
We believe that the National Park Service is far and away the best-
equipped and most appropriate to manage and protect this site. We
believe this premier site deserves to be a part of the premier park
management organization. The preservation of the McLoughlin House
National Historic Site should be one of our highest priorities. The
Association will continue to be a productive force in the preservation
of the site and we will work alongside the National Park Service, but
it is worthy of national recognition as part of the National Park
System managed by the National Park Service.
Finally, Mr. Chairman, I recognize that you and other congressional
representatives have many, many issues to address. I also recognize
that this is a small site and in the grand scheme of things perhaps not
a very important issue to some. But this bill, and what it means to the
history of the Pacific Northwest, is very important to us. I know that
Congresswoman Hooley would agree with me that this is a bipartisan
bill. Its development was truly a grassroots effort in which there was
tremendous local and regional support. It is our assertion that the
McLoughlin House is a site that should have been included in the
National Park System over 60 years ago when it was first named a
national historic site, and consider this legislation a change in the
site's designation rather than the creation of a new park. Making the
McLoughlin House its own unit or part of Fort Vancouver National
Historic Site will enable the National Park Service to care for the
site which the Association has done to the best of its abilities for
close to 100 years. The significance of the site and the history that
happened within the walls dictate that the McLoughlin site deserves
national status. Furthermore, the administration of the site by the
National Park Service would ensure that it receives attention and
protection in perpetuity.
Please help us preserve this magnificent site by making it part of
the National Park System. Thank you very much for providing me the
opportunity to share the Association's thoughts on this vitally
important matter.
______
Statement of The Honorable John Williams, Mayor,
City of Oregon City, Oregon
Thank you, Mr. Chairman, for the opportunity to present the views
of the City of Oregon City regarding this bill to make the McLoughlin
House National Historic Site a unit of the National Park System. The
bill is the result of overwhelming support within the City of Oregon
City for the site's inclusion in the National Park System, either as
its own unit or as a part of Fort Vancouver National Historic Site. As
Mayor of Oregon City, I am pleased to share with you, and Committee
members, that this bill is a rarity, in that it has received unanimous
support from all interested parties. No one, to my knowledge, has
voiced disagreement concerning the site becoming a part of the National
Park System.
As you may know, the McLoughlin House National Historic Site is
actually situated on an Oregon City charter park. This park land was in
fact donated by John McLoughlin himself. Due to the significance of
charter parks, it was required that this issue be brought before the
voters. There has been a powerful grass roots initiative to ensure the
site's survival in perpetuity. By an over 80% approval rate, the
citizens of Oregon City approved Ballot Measure 3-38 on May 15, 2001.
This measure asked voters to allow the City of Oregon City to grant the
National Park Service a property interest in the city park that would
allow the agency to administer the McLoughlin House.
For your background information, over two years ago the City of
Oregon City and the McLoughlin Memorial Association approached the
National Park Service with the goal that Fort Vancouver National
Historic Site take responsibility for the McLoughlin House National
Historic Site. For many years, we have been struggling with how best to
protect and preserve this national historic site. Oregon City, the
Association, and the National Park Service have worked closely together
for the last two years. We are all in agreement that this site needs to
be managed for educational benefit, the protection of its cultural
resources, and public use. Growing beyond this partnership, the time
has come for the National Park Service to assume full responsibility. I
ask this not just because the National Park Service can ensure the
perpetual care of this site, but also because this site is nationally
significant. I would not recommend the site for inclusion in the
National Park System if I did not wholeheartedly believe in its
national significance.
I think it is also important to note that Oregon City and the
Association also looked into identifying other individuals or
organizations that could provide for the protection of the site. Let me
make it clear that no individuals or other organizations have been
forthcoming. Alternatives such as for-profit management restaurant,
brewpub, or bed-and-breakfast are incompatible and inappropriate, and
we did not consider them for this site, the first designated national
historic site in the west.
The citizens of Oregon City fully support the continued operation
of this national historic site as a park, which will hopefully be
managed by the National Park Service. I appreciate your sincere
consideration on this bill.
______
Mr. Radanovich. Next we will move to Virginia and H.R.
3449, to revise boundaries of the George Washington Birthplace
National Monument.
Jo Ann, welcome. We will be pleased to hear your testimony.
STATEMENT OF THE HON. JO ANN DAVIS, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF VIRGINIA
Ms. Davis. Thank you, Mr. Chairman. Good afternoon, Mr.
Chairman, Ranking Member Christensen and members of the
Committee. I thank you for the opportunity to testify on behalf
of H.R. 3449, which would authorize the National Park Service
to revise and expand the boundaries of the George Washington
Birthplace National Monument in Westmoreland County by an
additional 115 acres.
Mr. Chairman, this bill was first offered by my
predecessor, Herb Bateman, in 1991. Mr. Bateman's bill, H.R.
2444 passed both the House and the Senate in the 102nd
Congress. It didn't make it to the President's desk because the
patient owner, at that time, had a change of heart.
I am happy again to bring this measure before the Committee
to realize a long-standing effort by the Park Service and the
Committee to preserve this undisturbed land for future
generations to enjoy and to learn of the Washington's way of
life during our nation's formative years.
George Washington was born on this property on February 22,
1732. He lived on the farm for three and a half years and again
for several years in his teens. The farm lies between Pope's
and Bridges Creeks, tributaries of the Potomac River in
Virginia's Northern Neck, about 60 miles southeast of
Washington, D.C.
The location includes a memorial house designed to recreate
the original birth site as revealed by excavations. The
memorial house was finished in time for George Washington's
200th birthday in 1932 and is one of the centerpieces of the
national monument.
The National Park Service also operates a colonial farm
that recreates 18th Century plantation life. Living history
demonstrations, including colonial cooking, blacksmithing and
spinning wool continue to occur as special events.
John Washington, George Washington's great grandfather,
emigrated to America and acquired this property in 1664. Over
time, George Washington's father, Augustine Washington,
continued to add various parcels to the property until the
Washington land ran uninterrupted from Bridges Creek to Pope's
Creek.
George Washington's father, grandfather and great
grandfather are all buried in the family cemetery located on
the national monument property. The park currently comprises
550 acres of land. However, because of the monument's current
boundary configuration over 100 acres of private land outside
the monument's boundary are sandwiched between two units of the
monument and the Potomac River.
Willing sellers are again amenable to transferring the
property to the National Park Service and Congress needs to
consequently act so that this opportunity will not be lost.
Because of the rural character and natural beauty of
Virginia's Northern Neck region, the shoreline of the Potomac
River and Chesapeake Bay have become attractive locations for
development.
Many retirees have come to the Northern Neck in recent
years because of the tranquil lifestyle and low property taxes.
Property's within close proximity of the George Washington
Birthplace have become the sites for new residential homes in
recent years.
Mr. Chairman, Congress needs to act as soon as possible so
that the current owners will not be tempted to entertain any of
these offers. Again, most of the 115 acres I am seeking to have
authorized not only abuts the site, but in fact splits the
property at one portion of the park.
I think we have given you a plat of that showing how that
happened. Development of this land would seriously compromise
the historic quality of the park. The Federal Government can
play a critical in acquiring this important property to
maintain the integrity of the Washington home site.
H.R. 3449 is a fitting tribute to a man who has long been
revered as our greatest founding father, a man of high moral
integrity and character, a man with distinct leadership
capabilities and above all, a man who guided Americans to
freedom and led them to union.
I urge your support of this measure, Mr. Chairman. I ask
unanimous consent that a letter of support that we have for GW
that is from the Trust for Public Land, that it be entered into
the record.
Mr. Radanovich. There being no objection, it is so ordered.
[The statement submitted for the record by Ms. Davis
follows:]
Statement of Alan Front, Senior Vice President of the Trust for Public
Land, and Ralph Grossi, President of the American Farmland Trust
Mr. Chairman and Representative Christian-Christensen, thank you
for the opportunity to provide the Subcommittee with our testimony in
support of H.R. 3449.
On behalf of the Trust for Public Land (TPL) and American Farmland
Trust (AFT), we want to express our strong support for H.R. 3449, a
bill to revise the boundaries of the George Washington Birthplace
National Monument. H.R. 3449, as introduced by Rep. Jo Ann Davis, is
not only timely, but will add substantially to the protection of the
monument and the interpretation of our first President's early life.
The George Washington Birthplace National Monument is located in
Westmoreland County, Virginia, about 75 miles south of Washington, DC.
A privately owned, 111-acre parcel currently sits directly between two
National Park Service (NPS) owned portions of the monument, essentially
splitting the monument into two pieces. This parcel is owned by the
Muse family, who themselves have roots in the area likely dating back
to George Washington's time. Acquisition of this 111-acre parcel will
finally consolidate the monument into one contiguous unit.
The Muse family has expressed an interest in selling their property
to the NPS to be incorporated into the monument and our two
organizations are assisting with that transaction. However, this
project cannot move forward until the monument's boundaries are amended
to include the Muse property, and the window of opportunity with the
Muse family is very limited. We are therefore extremely pleased that
the Subcommittee is beginning this process with today's hearing on H.R.
3449, which authorizes the inclusion of the Muse property into the
monument. We hope the Subcommittee and Full Committee will act
expeditiously to move the bill to the House floor.
The Muse property straddles the Potomac River and Popes Creek, and
hosts forested marsh, river shorelines, creek frontage, tidal marsh,
and an old farmhouse. Further development on this private inholding
could cause irreparable harm to the integrity of the historic character
and natural resources of the existing monument, and would permanently
mar its scenic vistas seen by Washington himself, whose attachment to
this land stayed with him his entire life.
TPL and AFT urge swift approval of this bill, which will provide
the opportunity to secure this nationally significant land and add it
to the George Washington Birthplace National Monument.
______
Ms. Davis. I thank you again, Mr. Chairman and appreciate
the opportunity to be here to testify on behalf of this
legislation.
[The prepared statement of Ms. Davis follows:]
Statement of The Honorable Jo Ann Davis, a Representative in Congress
from the State of Virginia
Good afternoon Mr. Chairman and members of the Committee. Thank you
for the opportunity to testify on behalf of H.R. 3449, which would
authorize the National Park Service to revise and expand the boundaries
of the George Washington Birthplace National Monument in Westmoreland
County, Virginia by an additional 115 acres.
Mr. Chairman this bill was first offered by my predecessor Herb
Bateman in 1991. Mr. Bateman's bill, H.R. 2444, passed both the House
and Senate in the 102nd Congress. (It did not make it to the
President's desk because the property owner, at that time, had a change
of heart.) I am happy to again bring this measure before the Committee
to realize a long standing effort by the Park Service and the community
to preserve this undisturbed land for future generations to enjoy and
learn of the Washington's way of life during our nation's formative
years.
George Washington was born on this property on February 22, 1732,
and lived on the farm for three and a half years, and again for several
years in his teens. The farm lies between Pope's and Bridge's Creeks,
tributaries of the Potomac River, in Virginia's Northern Neck, about 60
miles southeast of Washington, D.C. The location includes a Memorial
House designed to recreate the original birthsite as revealed by
excavations. The Memorial House was finished in time for George
Washington's 200th birthday in 1932, and is one of the center pieces of
the National Monument. The National Park Service also operates a
colonial farm that recreates 18th century plantation life. Living
history demonstrations including colonial cooking, blacksmithing, and
spinning wool continue to occur as special events.
John Washington, George Washington's great-grandfather, immigrated
to America and acquired this property in 1664. Over time, George
Washington's father, Augustine Washington, continued to add various
parcels to the property until the Washington land ran uninterrupted
from Bridges Creek to Pope's Creek. George Washington's father,
grandfather, and great-grandfather are buried in the family cemetery
located on the National Monument property.
The park currently comprises 550 acres of land. However, because of
the Monument's current boundary configuration, over 100 acres of
private land outside the Monument's boundary are sandwiched between two
units of the monument and the Potomac River. Willing sellers are again
amenable to transferring the property to the National Park Service, and
Congress needs to consequently act so that this opportunity will not be
lost.
Because of the rural character and natural beauty of Virginia's
Northern Neck region, the shore line of the Potomac River and
Chesapeake Bay have become attractive locations for development. Many
retirees have come to the Northern Neck in recent years because of the
tranquil lifestyle and low property taxes, and properties within close
proximity of the George Washington Birthplace have become the sites for
new residential homes in recent years. Mr. Chairman, Congress needs to
act soon so that the current owners will not be tempted to entertain
other offers.
Again, most of the 115 acres I am seeking to have authorized not
only abuts the site but in fact splits the property at one portion of
the park. Development of this land would seriously compromise the
historic quality of the park. The Federal Government can play a
critical role in acquiring this important property to maintain the
integrity of the Washington homesite.
H.R. 3449 is a fitting tribute to a man who has long been revered
as our greatest founding father, a man of high moral integrity and
character, a man with distinct leadership capabilities, and above all a
man who guided Americans to freedom and led them to union. I urge your
support of this measure. Thank you.
______
Mr. Radanovich. Are there any questions of the panel?
Mrs. Christensen. No, I don't have any questions, Mr.
Chairman. I apologize to you and to my colleagues, the other
panelists this afternoon, for being late.
I want to welcome my colleagues and I look forward to
working with them on this legislation.
I will submit my opening statement for the record. Thank
you.
[The prepared statement of Mrs. Christensen follows:]
Statement of The Honorable Donna Christensen, a Delegate in Congress
from the U.S. Virgin Islands
Good afternoon Mr. Chairman. We join with you in welcoming our
witnesses here today and thank them for their time and effort in
helping us gather information about the measures before the
Subcommittee today.
Our first bill, H.R. 3434, introduced by our colleague,
Representative Hooley, authorizes the Secretary of the Interior to
acquire the McLoughlin House National Historic Site in Oregon and to
administer it as a unit of the National Park System.
This site, which honors the achievements of John McLoughlin--
commonly referred to as ``The Father of Oregon,''--has been preserved
and managed by the McLoughlin Memorial Association since its
designation as a National Historic Site in 1941. Unfortunately, the
Association is no longer in a position to be the primary management
entity for this nationally-significant site. We look forward to hearing
more about how the National Park Service might incorporate the Site
into the National Park System.
Our second bill, H.R. 3449, would modify the boundaries of the
George Washington Birthplace National Monument in Virginia to add
approximately 115 acres to the park. The lands in question, known as
the Muse property, are contiguous with the existing monument boundary
and retain an historic rural character that is closely tied to the
monument's purposes.
Our final measure, H.R. 4953, would grant rights-of-way to two
counties in Oregon over an existing BLM road. Apparently the goal of
the legislation is to facilitate transportation in the area by allowing
the counties to upgrade the road.
While we join the Administration in supporting appropriate means of
transportation in the area, we also share the Administration's concerns
regarding the methodology employed by the bill. It is our understanding
that an administrative process is underway, complete with public notice
and comment, designed to address transportation issues in the area.
It appears that H.R. 4953 abandons this process. Such a legislative
shortcut around the full administrative process is troubling and we
will welcome input on this issue from our witnesses today.
Again, we thank the witnesses for being here today and look forward
to their testimony.
______
Mr. Radanovich. Thank you very much Congressman and
Congresswomen. Please join us on the dais.
We will call the next panel. We have three panels here, but
we are just going to combine them into one. So, if I could ask
Ms. Sue Masica, the Associate Director of Parks, Planning,
Facilities and Lands, of the National Park Service to come up;
Mr. Robert Anderson, Deputy Assistant for Minerals, Realty, and
Resource Protection of the Bureau of Land Management; and also
Judge Scott R. Cooper of the Crook County Court in Crook
County, Oregon who is here to speak on H.R. 4953.
Again, thank you for coming to testify today. We will go
ahead and start right to left. It will be 5 minutes for each
person to give their testimony and then after we hear from
everybody we will go ahead and open up for questions from
various members.
Mr. Radanovich. Mr. Anderson, since you were on the left, I
would be happy to ask you to go ahead and speak. I understand
you are speaking on H.R. 4953, which is the Deschutes and Crook
county State right-of-way in Oregon.
Welcome and thank you. Again, there is a time clock there.
If you would stick to the 5-minute rule, that would be great.
STATEMENT OF ROBERT ANDERSON, DEPUTY ASSISTANT FOR MINERALS,
REALTY, AND RESOURCE PROTECTION, BUREAU OF LAND MANAGEMENT
Mr. Anderson. Good afternoon, Mr. Chairman. Thank you and
the members of the Subcommittee for the opportunity to discuss
H.R. 4953, a bill to direct the Secretary of the Interior to
grant to Deschutes and Crook Counties in the State of Oregon a
right-of-way to West Butte Road.
We have provided you with a new map dated June 2002 of the
West Butte Road area for your information. The one referenced
in your bill is no longer used by BLM. The department supports
the goals of H.R. 4953 to grant the right-of-way to Oregon
counties, but we would like to work with the Chairman and the
Subcommittee on amendments to the bill to provide a process
that would include community involvement in addressing
potential issues related to recreational users and wildlife
concerns.
As you know, a hearing on the Senate version, S. 2482, of
this legislation was held in June. Since that hearing, staff of
the Department of Interior has been working with the staff of
the Oregon delegation to address these concerns.
In 1968, the State of Oregon designated Highway 27 as a
State highway with the understanding that a new route for the
road would be created. It was recognized that the current
alignment of Highway 27, the only State highway in Oregon that
still has unpaved portions, could not be improved for economic
reasons and physical limitation.
The BLM's 1989 Resource Management Plan for Prineville
failed to anticipate issues related to the rapidly growing
human population in Bend, Rudman, Prineville and surrounding
areas.
This combination of changing circumstances and new
information has created a need to revise the existing Upper
Deschutes Resource Management Plan. From here on out, Mr.
Chairman, I will refer to that plan as simply ``The management
plan.''
The management plan is currently being prepared to address
these issues, particularly the need to address transportation
opportunities, including the West Butte Road. Recognizing the
importance of these issues, the BLM has made the management
plan a priority and put it on a fast track.
The transportation analysis component of the management
plan could begin as early as January of 2003 and be completed
after the record of decision on the management plan is signed
in the winter of 2004.
The management plan utilizes a community-based,
collaborative process that helps solve important problems
facing long-term management of the public lands. Chartered by
Deschutes provincial advisory committee, issue teams have been
formed to represent the general public. Specific interest
groups, permit holders, other stakeholders and relevant
government agencies, including Crook and Deschutes Counties.
Associated with the proposed necessity alignment of State
highway 27 are a few other important issues under consideration
in the management planning process. These include off-highway
vehicle use and important wildlife issues.
With regard to off-highway vehicle use, the current West
Butte Road splits the Millican off-highway vehicle recreational
use area down the middle. Further development of the West Butte
Road could create safety conflicts and limit these recreation
users in the area.
The Millican off-highway vehicle trail system is one of the
most popular in the State and represents a significant
financial investment by the State Off-Highway Vehicle
Committee.
Another outstanding concern is the issue of wildlife in the
West Butte Road corridor. Currently, the West Butte Road falls
on the fringe of fragile sage grouse habitat and within deer
winter range. The sage grouse populations have declined in this
area due to a number of factors, including human disturbances.
We must consider these potential impacts during our
deliberations over the proposed realignment of State Highway 27
and we have already begun to do so.
Mr. Chairman, the Department of Interior looks forward to
working with the Subcommittee to help address these issues in a
way that will meet Central Oregon's transportation needs.
Thank you for the opportunity to offer this testimony and
to share our few concerns.
Mr. Radanovich. Thank you very much, Mr. Anderson.
[The prepared statement of Mr. Anderson follows:]
Statement of Bob Anderson, Deputy Assistant Director, Minerals, Realty
and Resource Protection, Bureau of Land Management, U.S. Department of
the Interior
Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to appear here today to discuss H.R. 4953, a bill ``to
direct the Secretary of the Interior to grant to Deschutes and Crook
Counties in the State of Oregon a right-of-way to West Butte Road.''
The bill also provides for the relinquishment of right-of-way interests
in the George Millican Road (or ``Old Millican Road'').
The Department supports the goal of H.R. 4953 to grant the right-
of-way to the Oregon counties, but we would like to work with the
Subcommittee on amendments to the bill to provide for a process that
would include community involvement in addressing issues related to
conflicts with recreational uses and wildlife concerns in the area. As
you know, a hearing on the Senate version (S. 2482) of this legislation
was held in June; since that hearing, staff of the Department of the
Interior has been working with staff of the Oregon delegation to
address these concerns.
Background
The population of central Oregon has been expanding rapidly, and
for Crook County, Oregon, one of the integral components to this growth
is the West Butte Road. The Bureau of Land Management (BLM) constructed
the West Butte Road in 1968. It is a fairly straight road,
approximately 14 miles in length that has become the preferred route
from Four Corners to Highway 20. Crook County has maintained it for
several years under a cooperative maintenance agreement with the BLM.
Deschutes County sees this road as a means of relieving some of the
traffic burden from Highway 97 in the ever-growing Bend and Redmond
communities.
In 1968, the State of Oregon designated Highway 27, currently
located further to the east near Prineville Reservoir, as a State
Highway with the understanding that a new route for the road would be
created. It was recognized that the current alignment of Highway 27 the
only State Highway in Oregon that still has unpaved portions could not
be improved for economic reasons and physical limitations. Later, both
State and Federal agencies recognized the natural values of the Crook
River Canyon, which further reduced the desirability of upgrading
Highway 27 in its current location. Ultimately, West Butte Road became
the most likely replacement route for Highway 27.
The George Millican Road, meanwhile, extends from Prineville to
Lakeview and was recognized in 1915 by Crook County as a country road.
The northern segment of the road was converted to a right-of-way in
1991 and is no longer a concern to the counties. However, the southern
segment of road from Four Corners south to Highway 20, near the town of
Millican continues to be an area of concern. The route is a single
lane, unimproved road that occupies the original 1915 alignment.
Currently, the BLM has several rights-of-way over this segment of the
George Millican Road.
Upper Deschutes Resource Management Plan
Over the last three years, the BLM has been working with Crook and
Deschutes Counties, the Oregon Department of Transportation, and Oregon
Department of Fish and Wildlife identifying suitable alternatives to
State Highway 27. One of the more suitable alternative routes that has
been considered is the combined route known as the Millican and West
Butte Road.
The BLM's 1989 Resource Management Plan for Prineville failed to
anticipate issues related to the rapidly growing human population in
Bend, Redmond, Prineville, and surrounding areas. This combination of
changing circumstances and new information has created a need to revise
the existing Resource Management Plan. The Upper Deschutes Resource
Management Plan is currently being prepared to address these issues,
particularly the need to resolve a number of transportation problems
including the West Butte Road. Recognizing the importance of these
issues, the BLM has made the Upper Deschutes Resource Management Plan a
priority and put it on a fast track, with a final Record of Decision
planned for the Winter of 2003/2004.
Through this process we have agreed to consider and analyze
alternative corridors to determine the route that would be most
suitable for future use as a State Highway. Following completion of the
Upper Deschutes Resource Management Plan, the BLM would be able to
issue a decision on the right-of-way, and assuming a favorable decision
for the right-of-way, determine the final alignment of the road, and
also determine any mitigation measures for road design.
It is important to note that the Upper Deschutes Resource
Management Plan provides intensive public and governmental
collaboration. It utilizes a community-based collaborative process that
helps solve important problems facing long-term management of the
public lands within the planning area. It is a process that is
deliberative and open to all. Accordingly, the BLM is using ``Issue
Teams'' to focus on specific planning issues. Chartered by the
Deschutes Provincial Advisory Committee, the Teams are composed of
representatives of the general public, specific interest groups, permit
holders, other stakeholders and relevant government agencies, including
Crook and Deschutes Counties. Team members have been meeting since the
Fall of 2001 and the majority of their work will involve review of
public comments on the Draft Environmental Impact Statement for the
Resource Management Plan near the end of 2002 or the beginning of 2003.
Finally, the transportation analysis component of the Upper
Deschutes Resource Management Plan could begin as early as January of
2003, and be completed after the Record of Decision on the Resource
Management Plan is signed in the Winter of 2003/2004.
H.R. 4953
The Department of the Interior supports the goal of H.R. 4953;
however, the Department believes the introduced legislation would cut
short the process currently underway to provide for greater community
involvement in addressing issues related to final location and design
of the West Butte Road. The Upper Deschutes Resource Management
Planning process provides an appropriate vehicle for addressing and
resolving this issue. The bill as currently drafted does not address
the important issues under consideration in the Upper Deschutes
Resource Management Planning process.
With regard to Off-Highway Vehicle recreation use, the current West
Butte Road splits the Millican Off-Highway Vehicle recreational use
area down the middle and further development of the West Butte Road
could create safety conflicts and limit these recreation uses in the
area. The Millican Off-Highway Vehicle trail system is one of the most
popular in the state, and represents a significant financial investment
by the State Off-Highway Vehicle Committee, attracting riders state-
wide. Off-Highway Vehicle use in the BLM's Resource Management Plan is
an important issue, and the BLM is currently determining, on a broad-
scale, how and where these Off-Highway Vehicle recreational uses will
continue in the future. There is no provision in the legislation that
provides for mitigation measures to provide for the safety of Off-
Highway Vehicle users and ensure that the recreation impacts of future
development of the West Butte Road are minimized.
Another outstanding concern is the issue of wildlife in the West
Butte Road corridor. Currently, the West Butte Road falls on the fringe
of fragile sage grouse habitat and within mule deer winter range. The
sage grouse populations have declined in this area due to a number of
factors, including human disturbances. There are nesting populations
that currently migrate between the West Butte and the Millican breeding
areas. H.R. 4953, as currently written, does not provide for a way to
address the potential impacts of the development of the West Butte Road
on the sage grouse and mule deer populations.
Finally, the establishment of a State Highway in the West Butte
Road corridor may also increase the potential for development of
private lands that would be more easily accessed by an improved road,
and these potential future development issues also should be
considered.
Conclusion
Mr. Chairman, the Department of the Interior looks forward to
continuing to work with the Subcommittee to help address these issues
in a meaningful way that will meet Central Oregon's transportation
needs. Thank you for the opportunity to testify before you today. I
would be pleased to answer any questions that you or the other members
of the Subcommittee may have.
______
Mr. Radanovich. Our next witness is Sue Masica here to
speak on H.R. 3434 and H.R. 3449. Welcome.
STATEMENT OF SUE MASICA, ASSOCIATE DIRECTOR, PARK PLANNING,
FACILITIES AND LANDS, NATIONAL PARK SERVICE
Ms. Masica. Thank you, Mr. Chairman. Thank you for the
opportunity to present the department's views on H.R. 3434, a
bill to acquire the McLoughlin House in Oregon City, Oregon and
to administer the site as a unit of the National Park System.
We do not support this legislation unless the bill is
amended to authorize that the McLoughlin House National
Historic Site be added to Fort Vancouver National Historic Site
in Vancouver, Washington, instead of authorizing it as a
separate unit of the National Park System.
We have studied the McLoughlin House and found that it
meets the suitability and feasibility criteria for addition to
the National Park System. We feel it could be managed most
effective as part of an existing park unit.
Since 1948, the McLoughlin House Memorial Association has
had an agreement with the Park Service so that both the house
and Fort Vancouver work cooperatively together. We believe that
the most effective management of the McLoughlin House would
result by the National Park Service continuing this cooperative
working relationship at both sites.
We estimate the acquisition costs for the McLoughlin House
at approximately $445,000 and the annual operating costs to be
about $285,000. We feel that the addition of the McLoughlin
House to Fort Vancouver National Historic Site would result in
greater cost efficiencies than its designation as a separate
unit. This issue has been studied as part of the General
Management Plan Revision for Fort Vancouver and the Park
Service study potential boundary adjustment alternatives
including one that adds the McLoughlin House and that that
alternative meets the National Park Service's criteria for
suitability and feasibility as a unit of the system.
There is a long working relationship going back to the
1940's between the Park Service and the site. We envision
sustaining that strong relationship with the McLoughlin
Memorial Association as well as enhancing the interpretive
educational and maintenance responsibilities that visitors
demand.
We would be pleased to work with the Committee on revising
the bill's language to make it consistent with this testimony.
On H.R. 3449, a bill to revise the boundaries of George
Washington Birthplace National Monument, the department
supports the enactment of a bill. The bill would authorize the
addition of appropriately 115 acres to the national monument.
It is a piece of property known as the Mews Property.
Land acquisition costs are estimated to be about $700,000
and operational costs are estimated to be about $20,000 a year.
The property to be acquired, known as the Mews Track, consists
of about 115 acres which is completely surrounded by the park,
the Potomac River, and Pope's Creek.
Acquisition of the track is vital to the integrity of the
park and would prevent development that could degrade the
park's pastoral setting and significant natural and cultural
resources.
The park presently contains about 550 acres. The Mews
Family has indicated their willingness to be included within
the park boundary for eventual acquisition by the Park Service
or a Park Partner. That is a change from what had happened
several years ago.
The proposal to add the property to the monument is
supported also by the Westmoreland County Board of Supervisors
and other affiliated groups.
Mr. Chairman, thank you for the opportunity to comment. I
would be happy to answer any questions.
[The prepared statements of Ms. Masica follow:]
Statement of Sue Masica, Associate Director for Park Planning,
Facilities, and Lands, National Park Service, U.S. Department of the
Interior, on H.R. 3434
Mr. Chairman, thank you for the opportunity to present the
Department's views on this bill to acquire the McLoughlin House in
Oregon City, Oregon, and to administer the site as a unit of the
National Park System.
We do not support this legislation unless the bill is amended to
authorize that the McLoughlin House National Historic Site to be added
to Fort Vancouver National Historic Site in Vancouver, Washington,
instead of authorizing it as a separate unit of the National Park
System. We have studied the McLoughlin House and found that it meets
the suitability and feasibility criteria for addition to the National
Park System. We feel it could be managed more efficiently as part of an
existing park unit. Since 1948 the McLoughlin House Memorial
Association has had an agreement with the National Park Service so that
the both the McLoughlin House National Historic Site and Fort Vancouver
National Historic Site would work cooperatively together. We believe
that the most effective management of the McLoughlin House would result
by the National Park Service continuing this cooperative working
relationship at both sites. The one-time acquisition cost of the
McLoughlin House is approximately $445,000. The cost of maintaining and
operating the McLoughlin House as a unit of the Fort Vancouver National
Historic Site is approximately $285,000 per year. The Department feels
that the addition of the McLoughlin House to Fort Vancouver National
Historic Site would result in greater cost-efficiencies than its
designation as a separate unit.
In the General Management Plan revision for Fort Vancouver National
Historic Site, the National Park Service studied potential boundary
adjustment alternatives, including one that adds the McLoughlin House.
This alternative meets the National Park Service's criteria for
suitability and feasibility as a unit of the National Park System. The
plan revision goes on to say that adding the McLoughlin House National
Historic Site to Fort Vancouver National Historic Site is ``a value to
the American people and provides for NPS operations and
interpretation.''
The McLoughlin House is located in Oregon City, Oregon along the
dramatic Willamette River Falls and southeast of downtown Portland. It
is a short drive from Fort Vancouver National Historic Site, north of
Portland, in the state of Washington and along the Columbia River.
Recognized for its national significance, the McLoughlin House
National Historic Site, designated in 1941, was the first national
historic site designated in the western United States. The site has
been operated as an affiliated area of the National Park System by the
McLoughlin Memorial Association, which has owned and operated the site
since 1909. The site received assistance from the National Park Service
when Fort Vancouver National Historic Site was established in 1948. In
the last few years, the National Park Service has provided staff and
funds for critical needs of the house, the collection, and the grounds.
John McLoughlin is recognized as the ``Father of Oregon.'' He came
west and established the Hudson's Bay Company's regional headquarters
and depot of Fort Vancouver on the north side of the Columbia River in
what is now the State of Washington. Through his leadership, he
maintained peace between Great Britain, which claimed the territory,
settlers from the United States who were part of the country's westward
expansion, and the native tribes in the region. Despite the policies of
the Hudson's Bay Company, John McLoughlin foresaw the area's future,
and offered aid and supplies to the American settlers many of who were
sick, starving, and ill equipped to begin a new life.
McLoughlin built his home across the Columbia River, in Oregon
City, where he continued to assist those in need. This house, because
of McLoughlin's tremendous generosity, became known as the ``House of
Many Beds.'' After becoming an American citizen, John McLoughlin became
Mayor of Oregon City and increased his selfless acts of philanthropy
throughout the region. His is the history of the west, as Jamestown is
the history of the east.
The McLoughlin House has retained its historic integrity as one of
the earliest examples of its architectural style in the Pacific
Northwest, and serves as a focal point for education and tourism. The
site provides a location where school children to learn first-hand
about the early history of the area. The McLoughlin House provides a
bookend to the story of the settling of the west that is told at Fort
Vancouver National Historic Site.
As a unit of Fort Vancouver National Historic Site, we envision
sustaining the strong relationship with the McLoughlin Memorial
Association as well as enhancing the interpretive, educational, and
maintenance responsibilities that visitors demand and a century and a
half old house needs. It is a testament to the association and the
citizens of Oregon City that the house retains its integrity and
special association with the former Oregon Territory. During a local
election held in 2001, a ballot measure asked voters to allow Oregon
City to grant a property interest to the National Park Service. This
measure was approved by over 80% of the voters.
The Department remains committed to the President's Initiative to
reduce the maintenance backlog of the National Park Service. While the
Department recognizes that this legislation may divert funds from this
effort, the acquisition of the McLoughlin House and its administration
as a part of Fort Vancouver National Historic Site is important to the
viability of this nationally significant resource.
We would be pleased to work with the Committee on revising the
bill's language to make it consistent with this testimony. This
concludes my testimony. I am glad to answer any questions that you or
members of the Committee may have.
______
Statement of Sue Masica, Associate Director for Park Planning,
Facilities, and Lands, National Park Service, U.S. Department of the
Interior, on H.R. 3449
Thank you, Mr. Chairman, for inviting the National Park Service to
present its views on H.R. 3449, a bill to revise the boundaries of
George Washington Birthplace National Monument. The Department supports
the enactment of this bill.
This bill would authorize the addition of approximately 115 acres
to the National Monument (Muse property). It also authorizes the
Secretary of the Interior to acquire lands or interests in lands within
the boundary from willing sellers by donation, by purchase with donated
money or appropriated funds or by exchange. Finally, it directs the
Secretary to preserve and interpret the history and resources
associated with George Washington, and the generations of the
Washington family who lived in the vicinity, as well as their
contemporaries, along with 17th and 18th century plantation life and
society. Land acquisition costs are estimated to be $700,000.
Operational costs are estimated to be $20,000 per year.
The Department remains committed to the President's Initiative to
reduce the maintenance backlog of the National Park Service. While the
Department recognizes that this legislation may divert funds from this
effort, the acquisition of the Muse property is essential to the
viability of this nationally significant resource.
George Washington Birthplace National Monument was established as a
unit of the National Park System in 1930 to preserve the grounds and
structures associated with the birthplace of George Washington. It was
here, along the lower reaches of the Potomac River that the man who was
to become our Nation's first president was born in 1732. At that time,
this site was known as Popes Creek Plantation, owned and operated by
George Washington's father, Augustine Washington. The park is part of a
cultural landscape that has remained rural 270 years after George
Washington's birth. Located in Westmoreland County, Virginia, the
National Monument includes a memorial mansion with a kitchen, farm
buildings, various outbuildings, an 18th Century working farm, and a
visitor's center. The park also contains woodlands, wetlands, and
agricultural fields. Even today, descendants of the Washington family
continue to live in the area.
This proposed legislation would include within the park boundary a
privately owned parcel of land comprised of approximately 115 acres,
known as the Muse tract, which is completely surrounded by the park,
the Potomac River, and Popes Creek. Park roads provide the only access
to this neighbor's land. This tract has been farmed by the Muse family
since 1668, was contemporary with the Washington Family farm (Popes
Creek Plantation), and is historically significant since it is directly
connected with the plantation. Acquisition of this tract is vital to
the integrity of the park and would prevent development that could
degrade the park's pastoral setting and significant natural and
cultural resources. The park's 1968 Master Plan contained a land
acquisition plan showing fee acquisition of this privately owned tract
and indicated that the Muse property could be used for historic farming
or could be planted to retain the appearance of a cultural landscape.
The boundaries of the National Monument have been modified numerous
times since the first memorial was erected at the site in 1896. The
park presently contains about 550 acres. For generations, the
surrounding community has been a partner to the National Park Service
in the protection of George Washington's birthplace. Many of the
landowners, such as the Muse Family, come from families that have for
generations farmed the fertile soils of Virginia's Northern Neck. It is
only in the recent past that the area has started to change.
Recreational use, vacations homes, and commuters to Washington D.C. and
Richmond have increased the local population significantly creating
development pressure that is beginning to encroach on the park. If the
Muse tract is not acquired there is potential for commercial
development that would directly threaten park values since the tract is
surrounded by parklands. The Muse family has indicated their
willingness to be included within the park boundary for eventual
acquisition by the National Park Service or a park partner. The demand
for land in the surrounding area is so significant that there is little
doubt that the peaceful setting, the pastoral charm, and the quiet
dignity of the tombs of several generations of Washingtons would be
destroyed by the intrusion of modern development within the park
without this legislation. Recently, a one-acre parcel of land that was
proposed to be included within the park was sold.
The National Monument also contains significant natural resources.
The Muse tract includes half of the Digwood Swamp (a known bald eagle
habitat and nesting area), extensive grasslands, riparian and upland
forests, marshes, beaches, and cliffs (most likely with significant
archaeological artifacts from the Woodland and Colonial periods as well
as paleontological resources) and shares the shores of Popes Creek with
the park. All are relatively pristine in nature and intact
ecologically. These habitats are important to wildlife found within the
park that use surrounding areas as conveyances to and from feeding,
resting, and breeding areas. The preservation of this national treasure
can only be accomplished by including the Muse tract within the
boundary of the park.
The proposal to add the Muse property to the National Monument is
supported by the Westmoreland County Board of Supervisors, the
Chantilly Chapter of the Daughters of the American Revolution, the
National Parks Mid-Atlantic Council, the George Washington Birthplace
National Memorial Association, and most importantly, the owners of the
property.
Mr. Chairman, thank you for the opportunity to comment. This
concludes my prepared remarks and I will be happy to answer any
questions you or other Committee members might have.
______
Mr. Radanovich. Thank you very much.
Next is the Honorable Scott Cooper from Crook County in
Oregon. Mr. Cooper, thank you for taking the red eye. Now you
know why I don't, being from California.
Please begin your testimony. I understand that is on H.R.
4953.
STATEMENT OF JUDGE SCOTT R. COOPER, CROOK COUNTY COURT, CROOK
COUNTY, OREGON
Judge Cooper. Thank you, Mr. Chairman. Thank you, Madam
Ranking Member. I am the elected Chair and County Administrator
for Crook County Oregon and Crook County comprises 2,982 square
miles in which 19,182 citizens live.
I am here today to support H.R. 4953. I especially
appreciate my Congressman, Greg Walden, who also understands
the importance of this bill to his constituency for securing my
presence today.
The No. 1 question I was asked when I told my constituency
that I would be here was: ``Can we watch it on C-Span?''
I assured them it does not rise to the level of national
security or accounting fraud, but it will show you how
important it is to my constituents even while these other
matters go about.
I also call to your attention that this bill is somewhat
different than other legislation appearing before you today in
that there is no cost to the Federal Government, not monetary
cost. In fact, you gain acreage out of this as opposed to
losing it.
This is a simple bill to create a right-of-way to West
Butte Road in Crook and Deschutes County, Oregon to the
respective counties of Crook and Deschutes for the right-of-way
to an unimproved county road passing through an 11-mile segment
of BLM land.
A companion bill, S. 2482, is pending in the Senate under
the sponsorship of Senators Wyden and Smith. This bill is
supported by my entire delegation because my Representative and
my Senators have heard from local leadership that this
legislation is of vital importance to my constituents.
The importance of this road is that it provides a north-
south link between U.S. Highways 26 and 20 to the center or
Oregon. These highways are the two major arterials which carry
east-west traffic through the middle of the State. There are at
present four potential connections between these two highways
and Crook and Deschutes Counties.
The first road is the designated State highway, Highway 27,
which roughly follows the Crooked River. This road is the only
unpaved designated highway in the State of Oregon. It crosses
numerous riparian areas. It passes through sensitive habitat
for threatened and endangered species. It follows a Wild and
Scenic River corridor. Several archeological significant sites
can be found along the roadside and the terrain through which
it passes is geologically significant and challenging.
For all these reasons, this option is unsuitable for
upgrade as a north-south corridor.
The second road is the Millican Road. This is the road the
County proposes to give to the BLM in exchange for the West
Butte Right-of-Way. This road was constructed in 1915 to link
Lakeview and Prineville, Oregon. It is unimproved and seldom
used. In sections, it is completely impassable.
It follows a somewhat circuitous route and was largely
abandoned after the BLM constructed the West Butte Road as a
replacement route in 1968.
The third option is an existing all-weather, all-vehicle
connection between Highways 20 and 26 to the east of
Prineville. U.S. Highway 97 runs from the border to Washington
to the border or California through the center of Oregon. It
passes through Bend and Redmond in Deschutes County where it
has become the most congested segment of that highway in the
State of Oregon.
For a decade, traffic on this portion of the highway has
grown steadily whereas Deschutes County has experienced double-
digit growth rates.
Numerous efforts to construct bypasses and reroutes have
caused State and local taxpayers tens of millions of dollars,
but growth has outstripped all solutions.
In addition, the location of the road is inconvenient for
traffic traveling from the southeast portion to the northwest
portion of the State because it requires a 35-backtrack in
order to access the alternative route through Princeville, a
backtrack which, due to congestion, adds approximately 60
minutes to a 5-hour trip.
Construction of the West Butte alternative would resolve
problems associated with both congestion and travel time. The
final alternative and the one envisioned by H.R. 4953 is the
West Butte Road itself. This is a BLM road which has been
maintained by Crook County and the BLM for many years.
The road is gravel and a candidate for upgrade and has only
a few minor engineering problems which are easily addressed. I
drove it 2 weeks ago and found that a sports utility vehicle
can easily traverse it maintaining an average speed of 45 miles
an hour.
It is the most likely candidate for construction of an
additional north-south linkage.
Over 30 years ago the Oregon State Legislature reached the
same conclusion. In 1965, the Legislature authorized
construction of a north-south connection between Highways 20
and 26, passing through Crook County to replace the existing
dirt highway.
This authorization remains an Oregon statute today. We have
various problems associated with this bill. The first one would
be the matter of the National Environmental Protection Act and
getting through all of its requirements.
This bill would not release us of those requirements. It
would simply transfer the cost of meeting NEPA requirements
from the Federal Government to the State of Oregon if the State
of Oregon were to take it up as a State highway.
The second one is dealing with rights of way. Currently
R.S. 2477 rights of way are backlogged in the courts. The final
one would be the RMP, which Mr. Anderson referred to which
appears to be headed for process gridlock and gives no
guarantees of a final decision as to the ability of the county
to be able to construct this road.
As the Congressman pointed out, I have letter from the
various employers in Crook County, noting that they would be
able to maintain an economic base in Crook County as a result
of getting this particular project approved.
It would cut the costs of transportation by as much as 25
percent for the reopening of at least one lumber mill and help
an economically devastated community.
I would ask, Mr. Chairman, that I be able to put these
letters in the record.
Mr. Radanovich. I don't think there is any objection. It is
so ordered.
[The information referred to follows:]
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Judge Cooper. So, with that I would ask you for the sake of
the ecosystem and because it costs you nothing and because it
is a great project, to work with us and we would support the
technology amendments mentioned by Mr. Anderson.
[The prepared statement of Judge Cooper follows:]
Statement of The Honorable Scott R. Cooper, Judge,
Crook County Court (Oregon)
I am Judge Scott Cooper, and I am the elected chair and county
administrator for Crook County, Oregon. Crook County comprises 2,982
square miles and is home to 19,182 citizens. I am appearing before you
today in support of H.r. 4953.
I especially appreciate my congressman, Rep. Greg Walden, and his
willingness to sponsor this legislation and his assistance in securing
my presence here today.
H.R. 4953 is a simple bill to trade a right of way to West Butte
Road in Crook and Deschutes Counties, Oregon, to the respective
counties for right-of way to an unimproved county road passing through
the same 11-mile segment of BLM land. A companion bill, S.2482, is
pending in the Senate under the sponsorship of Oregon Senator Ron Wyden
and co-sponsorship of Oregon Senator Gordon Smith.
This bill is supported by my entire delegation because my
representative and my senators have heard from local leadership that
this legislation is of vital importance to my constituents. The
importance of this road is that it provides a north-south link between
U.S. highways 26 and 20 through the center of Oregon. These highways
are the two major arterials which carry east-west traffic through the
middle of the state. There are at present four potential connections
between these two highways in Crook and Deschutes Counties.
The first road is the designated state highway, Highway 27, which
roughly follows the Crooked River. This road is the only unpaved,
designated highway in the state of Oregon. It crosses numerous riparian
areas. It passes through sensitive habitat for threatened and
endangered species. It follows a Wild and Scenic River corridor.
Several archeologically significant sites can be found along the
roadside, and the terrain through which it passes is geologically
significant and challenging. For all these reasons, this option is
unsuitable for unsuitable for upgrade as a north-south connector.
The second road is Millican Road. This is the road the county
proposes to trade BLM for the West Butte right of way. The present road
was constructed in 1915 to link Lakeview and Prineville, Oregon. It is
unimproved and seldom used. In sections, it is completely impassable.
It follows a somewhat circuitous route and was largely abandoned after
the BLM constructed the West Butte Road as a replacement road in 1968.
The third option is an existing all-weather, all-vehicle connection
between highways 20 and 26 to the east of Prineville. U.S. Highway 97
highway runs from the border of Washington to the border of California,
through the center of Oregon. It passes through Bend and Redmond in
Deschutes County where it has become the most congested segment of that
highway in the state of Oregon. For a decade, traffic on this portion
of the highway has grown steadily worse as Deschutes County has
experienced double-digit growth rates. Numerous efforts to construct
bypasses and reroutes have cost state and local taxpayers tens of
millions of dollars, but growth has outstripped all solutions. In
addition, the location of the road is inconvenient for traffic
traveling from the southeast portion to the northwest portion of the
state, because it requires a 35 mile backtrack in order to access the
alternative route through Prineville a back track which due to
congestion adds approximately 60 minutes to a five hour trip.
Construction of the West Butte alternative would resolve problems
associated with both congestion and travel time.
The final alternative, and the one envisioned by H.r. 4953, is the
West Butte Road itself. This is a BLM road which has been maintained by
Crook County for the BLM for many years. The road is gravel and as a
candidate for upgrade has only a few minor engineering problems which
are easily addressed. I drove it two weeks ago, and found that a sports
utility vehicle can easily traverse the road maintaining an average
speed of about 45 miles per hour. The road is unsuitable at this time
for commercial truck traffic. It is the most likely candidate for
construction of an additional north-south linkage connecting the two
U.S. highways.
In February 2000 over a period of 10 hours, the Oregon Dept. of
Transportation conducted a study of westbound truck traffic on U.S.
highway 20 in an attempt to determine whether construction of the West
Butte Road would be helpful in rerouting truck traffic off highway 97
and onto an alternative route. As a result of this survey, the
department concluded that approximately 25 percent of the trucks that
would otherwise backtrack through Bend and Prineville would utilize the
West Butte Road, if constructed.
Keep in mind that this survey only looked at trucks, not passenger
cars, traveling on one highway, headed in one direction during a month
when travel volume on the highway is low, due to eastern Oregon's
sometimes harsh winter climate. Even with these limitations, however,
the survey results were sufficient to convince the state highway
department that this alternative would be warranted.
Over 30 year ago, the Oregon State Legislature reached this same
conclusion. In 1965, the legislature authorized construction of a
north-south connection between highways 20 and 26 passing through Crook
County to replace the existing dirt highway. That authorization remains
in Oregon statute today.
Since passage of authorization to trade jurisdictions for the
existing state highway, sporadic efforts to push through a road project
have been made. Both my predecessors in office were interested in
constructing an alternative route using the West Butte alignment. These
efforts have not come to fruition because each time the issue has been
raised, significant legislative and administrative barriers have been
raised to frustrate the efforts of county, state and Federal partners
to work cooperatively toward this goal.
The source of these problems has been three-fold.
The first problem state and county have faced is compliance with
the requirements of the National Environmental Protection Act. In
principle, the state and counties have no objection to complying with
NEPA. As residents of a wonderful part of the world, we are strongly
interested in preserving the public lands and heritage areas that
surround us. The problem arises because BLM has advised the counties
that it does not have manpower or financial resources to conduct the
necessary analysis. Nor does it appear that the agency will have such
resources any time soon. Thus, all prior discussions about potential
for extending this road have come to an end. Passage of H.r. 4953 will
transfer the obligation to complete necessary NEPA analysis prior to
transferring jurisdiction to the Oregon Dept. of Transportation and
relieve the BLM of that burden.
A second problem that has stymied cooperation between the county
and BLM is the current controversy surrounding BLM's ability to grant
rights of way for roads that pre-date passage of the Federal Lands
Policy and Management Act. Crook County originally raised with BLM the
possibility of requesting a right-of-way designation under provisions
of that law. However, the agency response was that pursuant to the
direction of Secretary of Interior Babbitt, no grants of right of way
were currently being processed. In addition, a backlog of unresolved
requests for right of way grants currently being challenged in the
courts further preclude action by the agency under this venue. At this
time BLM is unable to estimate when it might begin processing FLPMA
claims, and the counties have no assurance that such claims would be
recognized in any case.
Having seen this avenue foreclosed, the counties for the past 18
months have attempted to work with BLM through an on-going resource
management planning process to obtain right-of-way for a West Butte
Road extension. While this process has had some success, it now appears
likely that may not be a viable long-term solution as it suffers from
that affliction of land-management agencies commonly known in the West
as ``analysis paralysis'' or ``process gridlock.'' At this time, BLM
officials can only say that the agency may be able to issue a record of
decision in ``winter 2004,'' adding that any challenge to the record of
decision will likely result in further delays in even considering the
counties' request for right of way.
In the meantime, Crook County has seen its unemployment rate soar
to double-digit levels as a result of continued reductions in timber
harvest on Federal lands. Mills and timber have been the mainstay of
the Crook County local economy for 100 years. As a result of the loss
of this industry, Crook County currently enjoys the dubious distinction
of being one of three counties in Oregon with the least desirable
statistics related to both unemployment and per capita income.
Furthermore, additional non-timber employers have indicated that they,
too, may be forced to leave if something is not done to improve the
county's position as an economically viable community.
Local leaders believe that one such enhancement would be the
construction of West Butte Road, which would suddenly place Crook
County at the crossroads of traffic traveling from the Portland metro
area to southeastern parts of the state and nation. Such a road is also
supported by other jurisdictions and transportation planning groups,
including the cities of Bend, Redmond and Madras, Deschutes County, the
Oregon Dept. of Transportation and the Central Oregon Area
Transportation Commission. All these bodies see this road as a
potential relief valve for over-congestion on highway 97. So confident
are the communities of Central Oregon that this project is both
necessary and likely that the counties have been cooperatively working
to hard-surface the approximately 19 miles of road which passes through
county jurisdiction, betting that eventually common sense must prevail
and allow completion of the road through the remaining 11 miles which
passes through BLM land.
The reason the counties have settled on the West Butte Road as the
most obvious solution to their problem is that with the exception of a
few short segments of roadway which need to be further engineered to
avoid grade problems, the West Butte Road has few drawbacks as a
potential transportation route. It is an existing road, so it will not
require further disruption of the public lands through which it passes.
It follows no waterways and therefore is not an historic travel
corridor for ancient people posing associated archeological challenges.
The roadbed is largely on flat terrain through sagebrush steppe and
poses few engineering problems. Finally, although it passes near the
habitat of the threatened sage grouse, local BLM officials have advised
the county that the only identified habitat for these birds is several
miles to the east and west of the West Butte road itself.
In fact, in recent testimony before a Senate subcommittee, BLM
identified only concerns about construction of the West Butte Road. One
dealt with off-highway vehicle crossings and the other with the afore-
mentioned sage grouse. Both of these concerns would be mitigated by
state and county in the normal course of constructing any road.
In the end, this bill is, of course, an economic-development
project for Central Oregon. Crook County government and business
leaders believe that the construction of an artery of the state highway
system that passes through Prineville, the county seat of Crook County,
will lead inevitably to additional business development and tourism.
The county makes no apologies for desiring additional jobs for its
residents, for we have been severely impacted by the devastation of our
timber industry over the course of the past 10 years. In just over a
decade, we have lost a total of five operating lumber mills, resulting
job losses measured in the thousands.
In response to this economic catastrophe, government officials and
environmental groups have called on community leaders to diversify the
local economy. But diversification cannot occur without providing
additional tools needed to attract new industry. One such tool is an
expansion of existing transportation routes to more squarely place this
economically devastated community in the path of progress.
The concept of transportation linkages as economic development is
not new. As far back as 1815, Henry Clay, Speaker of this very House,
introduced the idea as an integral concept of his visionary ``American
System'' and the Eisenhower-era of freeway building assured economic
health and vitality for hundreds of American communities.
H.R. 4953 is a modest recognition of the Federal Government's role
as a partner in ensuring the health, strength and prosperity of local
economies and thus the health, strength and prosperity of our nation.
It does not compete with more glamorous legislation such as homeland
security concerns or accounting oversight reform, but to my
constituents it may be the most important bill pending before this
Congress.
Too often, Washington is perceived outside the Beltway as simply
the source of more rules, more restrictions and more problems. This
legislation presents is an opportunity to show citizens in my part of
the world that good things can and do come from government.
I appreciate the sensitivity of Congressman Walden to the
seriousness of this issue to my community, and I request your favorable
consideration of H.r. 4953.
* * * * *
Topical outline of comments and summary of recommendations
contained in full statement of Scott R. Cooper, appearing before the
National Parks, Recreation and Public Lands Subcommittee, July 16, 2002
regarding H.R. 4953
I. LBackground to Crook County and H.R. 4953
a. LSize, population
b. LPurpose of legislation
c. LStatus of legislation
II. LAlternatives to U.S. 26-20 connection
a. LHighway 27
i. LState's only unpaved highway
ii. LEcological, environmental challenges
b. LMillican R d.
i. LExisting county road
ii. LUnimproved status
c. LHighway 97
i. LExisting route
ii. LExisting and increasing congestion
iii. LNeed to backtrack 35 miles to utilize
d. LWest Butte Rd.
i. LMaintained, passable
ii. LMost acceptable alternative
III. LODOT study, identifying road as viable
IV. LHistory of efforts to obtain right of way, barriers to success
a. LLegislative authority for jurisdiction swap
b. LCounty efforts at negotiation with BLM
i. LNEPA as barrier, due to BLM's lack of resources
ii. LFLPMA as barrier, due to Babbitt moratorium, court
backlog
iii. LRMP as barrier, due to uncertainty as to conclusion
date
V. LImpact of inability to proceed
a. LStatistics, unemployment, per-capita income
b. LThreats due to declining timber industry
VI. LPotential of road project
a. LCrossroads-status brings tourists, jobs to Crook County
b. LRelieves congestion in Deschutes County
c. LSpringboard for further economic-development
i. LTransportation as an historical economic development
engine
d. LProject as Federal/local partnership
______
Mr. Radanovich. Thank you, Mr. Cooper. A good job on the
testimony and I appreciate all three of you being here.
I will turn my attention toward Mrs. Christensen for any
questions.
Mrs. Christensen. I have just a few questions. One is for
Ms. Masica. Could you explain in H.R. 3434 your understanding
of the effect of section 3(d) of the bill dealing with the
inholdings account that says, ``Historic site is deemed to be
an inholding for the purposes of the inholding account of the
land and water conservation fund.''
Ms. Masica. In the understanding is that there is a special
part of our land acquisition account for inholdings that were
set up for property that was inside the park prior to 1960. I
believe that was when that account was set up. Because this
site was established in 1941 or 1949, it would be eligible for
that part of the land acquisition account.
Mrs. Christensen. It is eligible?
Ms. Masica. Yes.
Mrs. Christensen. Mr. Anderson, a couple of questions. You
may have partially answered some of this in your testimony. It
is our understanding that the BLM is involved in an
administrative process that may result in a grant of the rights
of way that the counties are seeking.
That process is still ongoing?
Mr. Anderson. Yes, ma'am.
Mrs. Christensen. And could you compare the steps in that
process to the steps contained in this legislation or
thereabouts?
Mr. Anderson. Well, the legislation would direct the
Secretary to issue the right-of-way grant and subsequently
there would have to be some NEPA analysis done. We have in
place a planning system set forth under the direction of the
Federal Land Policy and Management Act that was passed in 1976
that instructed the Secretary of the Interior to set up a
planning process which involved the public, our stakeholders.
We have been working with the folks from Deschutes and
Crook Counties. They have set up these Issue Teams and they
have special interest groups within the issue teams to talk
about and discuss the specific issues that I mentioned in my
testimony, that of recreational use and wildlife concerns.
I am not sure how far the county may go in ensuring the
community has the same involvement that we do, although I don't
have any reason to believe that they wouldn't.
Mrs. Christensen. But the process that BLM has is a more
complete process than in this legislation?
Mr. Anderson. The legislation would certainly shorten the
process.
Mrs. Christensen. In particular, on NEPA, would the
administrative process include the full compliance with NEPA
and does the legislation contain such a requirement?
Mr. Anderson. I'm not sure if the legislation requires the
NEPA, but the county and State, if it is going to be a Federal
aid highway, then they would have to do NEPA, the same as BLM.
Mrs. Christensen. OK, so whatever the process, they would
still have to go through that process.
Mr. Anderson. Yes.
Mrs. Christensen. If through the administrative process the
counties are granted the right-of-way they are seeking, would
they been required to pay fair market value for those rights of
way and does the legislation include that requirement?
Mr. Anderson. No, it does not. In terms of the
administrative process to grant the right-of-way, there would
be no cost to the county.
Mrs. Christensen. Would you want me to yield?
Mr. Walden. Would the gentle lady yield? My understanding
is that the Federal Government would actually gain more land as
a result as a result of this transfer and so therefore would
actually benefit from it. It would be a net recipient of land
out across eastern Oregon because this is a shorter route.
Mrs. Christensen. OK, thank you, that answers my questions.
Thank you, Mr. Chairman.
Mr. Radanovich. Thank you, Mrs. Christensen.
Mr. Walden?
Mr. Walden. Thank you very much, Mr. Chairman. Mr.
Anderson, how far backlogged is the Bureau of Land Management
on NEPA analyses in Oregon?
Mr. Anderson. I don't know.
Mr. Walden. You are somewhat backlogged, though, right?
Mr. Anderson. I am not sure of the status of where we are
with different NEPA documents. As you know, we have a number of
offices and they all have their own projects and tasks and
actions that they are working on.
For this particular field office, I am not sure what the
status is, but they are actively working on the NEPA process
right now.
Mr. Walden. Mr. Anderson, should H.R. 4953 address the
Administration's concerns over recreational use and the
wildlife concerns, and I believe we have been working with your
staff on that, would then the BLM be able to support the
amended legislation?
Mr. Anderson. I think we can do that, yes.
Mr. Walden. Knowing the current conditions of both the
County-owned Millican Road and the BLM's West Butte Road, do
you think this is, in your opinion, from what you know, a fair
exchange?
Mr. Anderson. As far as I know. It is not an exchange per
se, but a simple relinquishment of the RS2477. Is that what you
are talking about?
Mr. Walden. Yes.
Mr. Anderson. Yes.
Mr. Walden. And then, are you aware of any opposition to
H.R. 4953 from any of the other surrounding counties?
Mr. Anderson. No.
Mr. Walden. I understand we now have a letter from
Jefferson County supporting this as well. So, the surrounding
counties all support this.
Mr. Chairman, the concern I have is that if you want to do
something to get efficiency in transportation in this part of
my district, this is the way to do it. Right now, you route
these trucks out 35 miles in a loop on the third most-traveled
highway in the State of Oregon for truck traffic so that they
can route back and go in the other direction. You kind of do
one of these.
This county has suffered enough. These people have suffered
enough in terms of loss of jobs and more are threatened if we
don't move forward. You know, we have been kind of talking
about this for a long time. That is why I just think it is
important to move forward.
There are some technical issues from the original draft
that we are working with BLM to correct. I think we can get
there. It would just be efficient for fuel purposes, for jobs,
transportation. The Federal Government is the net benefit of
additional lands along much more sensitive areas than this
route.
Judge Cooper, do you have anything else you want to comment
on in what you have heard here?
Judge Cooper. I would just note, Congressman, that the
issue of addressing the public concerns can easily be dealt
with through the Committee report on the bill, so there is no
need to exclude the public on that.
Mr. Walden. Right. And in terms of the NEPA analysis, my
understanding is that the Oregon Department of Transportation
would have to do that.
Judge Cooper. Before it could be designated a State highway
and certainly for purposes of upgrading it and maintaining it,
it would require State assistance. It would require a complete
NEPA analysis.
Mr. Walden. And from what you know, the State Department of
Transportation is willing to undertake both of those efforts,
both NEPA and declaration as State highway?
Judge Cooper. The Oregon Transportation Commission, as well
as the staff of the Oregon Department of Transportation fully
support this bill.
Mr. Walden. And are there other employers in Crook County
that you are aware of that this would make a big difference to?
Judge Cooper. This was make an enormous difference to the
LaScheib Tire Company, which is look at whether it is able to
retain its presence in the Prineville area because of the lack
of transportation routes. It accounts for 15 percent of the
workforce of Crook Country. Its departure would shoot us to 30
percent unemployment if LaScheib left?
This is a key issue about that. Why?
Judge Cooper. This is a critical issue because they are so
important as part of the workforce and because they are so
important as part of the workforce and because they are serving
an eight-state area out of Prineville and the need to be able
to service them within the 10-hour drive time that is required
by Federal law for drivers and get trucks to the outlying
plants is critically important to their ability to operate.
Mr. Walden. Mr. Chairman, I have a letter here from Phil
Wick. Is this similar to the one that you put in the record,
Mr. Chairman? OK.
Phil Wick is President of LaScheib Tire Centers and he says
in part in his letter, ``With the alternative route in place,
LaScheib Tire Centers believes it could extend its reach to
southeastern stores by one to 2 hours and relieve congestion on
the Highway 97 corridor at the same time.''
I think you can understand the importance of this. I
greatly appreciate your willingness to schedule this hearing
and work us and BLM and the county on the amendment that we
hope to offer Thursday as a substitute.
Mr. Radanovich. My pleasure. Do you need that submitted for
the record?
Mr. Walden. I believe Judge Cooper has already done that.
That is one of the letters he submitted.
I yield back.
Mr. Radanovich. Thank you, Mr. Walden.
Mr. Holt, any questions?
Mr. Holt. Just briefly. Thank you, Mr. Chairman. I thank
the witnesses. To follow on this point that we were just
discussing, will there be a need, will there be a request for
Federal funds? Let me ask this of Mr. Cooper. Will there be a
need for Federal funds for road improvement in connection with
this transfer.
Judge Cooper. I do not believe, Mr. Holt, that that would
be required, simply because we are the beneficiaries of the
Payments to Counties legislation which was passed last year. We
will receive those for the next 5 years. That should be
sufficient for us to upgrade the road.
Mr. Holt. For the National Park Service, for the Washington
Birthplace which is H.R. 3449, do you know what plans there are
for adding to the interpretive or physical presence there at
the site and would any of that be precluded or actually, to put
it positively, would any of that be permitted or enhanced by
this acquisition?
Ms. Masica. I don't know of any specific plans to enhance
the interpretation. Certainly if the boundaries are expanded
and then the property is acquired, it would be eligible for all
the services that a part would normally be eligible for.
Mr. Holt. OK. I thank the witnesses and I thank you, Mr.
Chairman.
Mr. Radanovich. Thank you, Mr. Holt.
Are there any other questions from any of the panels?
Ladies and gentlemen, thank you very much for coming to the
Committee. If there are no other questions or comments of
anything else, the hearing is adjourned. Thank you very much.
[Whereupon, at 2:48 p.m., the Subcommittee was adjourned.]