[Congressional Record Volume 140, Number 36 (Friday, March 25, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 TWIN FALLS COUNTY LANDFILL ACT OF 1993

  Mr. FORD. Mr. President, I ask unanimous consent that the Committee 
on Energy and Natural Resources be discharged from further 
consideration of S. 1402, a bill to convey a parcel of public land to 
the county of Twin Falls, ID, and that the Senate proceed to its 
immediate consideration.
  The PRESIDENT pro tempore. The clerk will state the title of the 
bill.
  The legislative clerk read as follows:

       A bill (S. 1402) to convey a parcel of public land to the 
     county of Twin Falls, ID, for use as a landfill, and for 
     other purposes.

  The PRESIDENT pro tempore. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 1603

  Mr. CRAIG. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDENT pro tempore. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Idaho [Mr. Craig] proposes an amendment 
     numbered 1603.

  Mr. CRAIG. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The amendment is as follows:

       Revise section 2(a) to read as follows:
       ``(a) Effective on the tender by the County of Twin Falls, 
     Idaho, of the fair market value for the lands described in 
     subsection (b) to the Secretary of the Interior, all right, 
     title, and interest in and to such lands, except for 
     subsurface minerals which are reserved to the United States, 
     is transferred by operation of law to the County of Twin 
     Falls. The Secretary shall evidence such conveyance as soon 
     as possible thereafter by appropriate quitclaim deed.''
       In section 2, delete subsections (b) and (c) and 
     redesignate subsection (d) as (b).
       At the end of the bill add a new subsection (c) as follows:
       ``(c) Subject to valid existing rights, the lands referred 
     to in subsection (b) are withdraw from location, entry, and 
     patent under the United States mining laws and from 
     disposition under all laws pertaining to mineral and 
     geothermal leasing, and mineral materials, and all amendments 
     thereto.''

  The PRESIDENT pro tempore. The question is on adoption of the 
amendment.
  The amendment (No. 1603) was agreed to.
  The PRESIDENT pro tempore. Is there further amendment?
  Mr. CRAIG. Mr. President, I rise in support of passage of S. 1402. 
This bill is before us today because of a land transfer arising from 
requirements of Reclamation Conservation and Recovery Act [RCRA], 
subsection D regulations that necessitate the opening of a new landfill 
in Twin Falls County, ID, by April 9, 1994.
  I have no argument with the landfill requirements at this time. 
However, I am concerned that counties surrounded by Federal land, such 
as Twin Falls, ID, are caught in a bureaucratic dilemma: The time it 
takes to transfer Federal land to the county does not fit within the 
stringent timeframe set by EPA to open a new landfill.
  Twin Falls County is approximately fifty percent owned by the Federal 
Government; as a result, it must turn to those Federal lands as a site 
for a new landfill. County authorities began a regional process to meet 
EPA requirements in 1988. The county has worked diligently with the 
Bureau of Land Management to acquire land known as Hub Butte under the 
Recreation and Public Purposes Act. Completing this transaction has 
simply taken too long. It is for this reason I asked for a hearing on 
S. 1402 before the Energy and Natural Resources Committee and for 
speedy action to allow the acquisition of this land by the county.
  I had been led to believe State primacy over subsection D landfill 
regulations would alleviate the problem facing Twin County. In a letter 
to me earlier this month, EPA made it very clear that the State of 
Idaho had no such authority to grant any time extension under the 
primacy granted by EPA.
  As a result of this situation, Twin Falls County, who has dealt in 
good faith in this entire issue, is faced with bearing extraordinary 
costs. These costs will result from having to truck waste 30 miles to 
another landfill and to pay a dump cost of approximately $150,000 per 
month. To allow the county relief from these excessive costs, it is 
necessary for this body to act and direct the transfer of this land 
after the payment of fair market value by the county. S. 1402 directs 
the transfer of land that will then allow the opening of a landfill 
facility that will meet the new subtitle D, RCRA, regulations and thus 
correct the situation that Twin Falls County faces.
  Mr. President, I ask unanimous consent that a statement by Twin Falls 
County commissioner James F. Fraley be printed in the Record.
  There being no objection, the statement was ordered to be printed in 
the Record, as follows:

              Twin Falls County Landfill--Written Comments

       Twin Falls County, Idaho has made much progress toward 
     completing a new ``Subtitle D'' landfill facility. After our 
     original attempts of joining in a regional landfill venture 
     failed, a Twin Falls County Landfill Siting Committee, 
     composed of a cross-section of people from throughout the 
     county, conducted a thorough search for appropriate locations 
     for a county landfill. Our citizens were particularly adamant 
     that productive farm land not be utilized when so much 
     undeveloped land is available, only one third of all land in 
     Twin Falls County is privately owned. The committee located 
     four tentative sites which appeared to meet the stiff 
     landfill site criteria; all four were on BLM land. After 
     thoroughly studying the sites for several months a design 
     team of engineers recommended Hub Butte located south of the 
     City of Twin Falls and adjacent to the current landfill; the 
     Commissioners concurred with their recommendation.
       Site certification went smoothly. Not only did Hub Butte 
     meet all federal Subtitle D requirements, it also met all 
     State of Idaho requirements including those regarding 
     Critical Habitat, Setback Requirements, Scenic and National 
     Lands, and Perennial Streams and Lakes. Site certification 
     documents were submitted March 8, 1993, after a 28 day public 
     comment period and an additional 21 day DEQ review period, 
     the site certification was obtained on April 20, 1993.
       By August of 1993 we had a bond passed by 77 percent, a 
     site approved, a landfill design approved, and a construction 
     bid accepted. We were ready to start construction except that 
     the process for acquiring land from the BLM is very time 
     consuming.
       The land acquisition process for the landfill site began in 
     December of 1992 with a formal application to the BLM. 
     Initially it appeared that an environmental assessment would 
     be adequate for the transfer of ownership. Later, it was 
     determined that an Environmental Impact Statement [EIS], a 
     very lengthy process, would be required. Although there 
     appears to be no opposition to the site, the entire 
     process to acquire BLM land is so cumbersome that we are 
     looking at an August 30, 1994 acquisition date, nearly two 
     years from the submission of the application and that is 
     with the full cooperation and support of the local BLM 
     staff!
       The bottom line is that we obviously are not going to be 
     able to comply with the federal deadline of April 9, 1994. 
     The DEQ and Governor Andrus were willing to give us an 
     extension because of our good faith effort, but they 
     apparently have no authority to do so. That authority rests 
     with the EPA.
       The best solution would be an extension, but that 
     apparently is not going to happen, in spite of our appeals. 
     The legislation Senator Craig is proposing will immediately 
     transfer the BLM property to Twin Falls County so that 
     construction of our landfill can commence at once, saving our 
     taxpayers thousands of dollars each month for expenses 
     related to transporting trash out of county or federal fines 
     of up to $25,000 daily for continuing to use our current 
     landfill until the new one, which is adjacent to it, is 
     completed. Even with this bill we are looking at five to six 
     months of exorbitant added costs because of the lengthy land 
     acquisition process.
       Thank you for considering the needs of the citizens of Twin 
     Falls County.

  The PRESIDENT pro tempore. The question is on the engrossment and 
third reading of the bill.
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed, as follows:

                                S. 1402

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Twin Falls County Landfill 
     Act of 1994''.

     SEC. 2. CONVEYANCE.

       (a) Effective on the tender by the County of Twin Falls, 
     Idaho, of the fair market value for the lands described in 
     subsection (b) to the Secretary of the Interior, all right, 
     title, and interest in and to such lands, except for 
     subsurface minerals which are reserved to the United States, 
     is transferred by operation of law to the County of Twin 
     Falls. The Secretary shall evidence such conveyance as soon 
     as possible thereafter by appropriate quit-claim deed.
       (b) Description of Land.--The lands to be conveyed pursuant 
     to section 2 of this Act comprise approximately 1083.77 acres 
     of Federal lands described as the SE\1/4\SW\1/4\SE\1/4\, S\1/
     2\SE\1/4\SE\1/4\ of section 31; W\1/2\, SW\1/4\SW\1/4\SE\1/4\ 
     of section 32; Township 11 South, Range 17 East, Boise 
     Meridian and the West Half of Lot 2, Lot 3, Lot 4, W\1/
     2\SW\1/4\NE\1/4\, S\1/2\NW\1/4\, SW\1/4\ and the W\1/2\W\1/
     2\SE\1/4\ of section 5; Lot 1, East Half of Lot 2, E\1/
     2\SW\1/4\NE\1/4\, SE\1/4\NE\1/4\, E\1/2\W\1/2\SE\1/4\, and 
     the E\1/2\SE\1/4\ of section 6; N\1/2\NE\1/4\NE\1/4\, NE\1/
     4\NW\1/4\NE\1/4\ of section 8; of Township 12 South, Range 17 
     East, Boise Meridian.
       (c) Subject to valid existing rights, the lands referred to 
     in subsection (b) are withdrawn from location, entry, and 
     patent under the United States mining laws and from 
     disposition under all laws pertaining to mineral and 
     geothermal leasing, and mineral materials, and all amendments 
     thereto.
  Mr. FORD. Mr. President, I move to reconsider the vote.
  Mr. CRAIG. I move to lay that motion on the table. The motion to lay 
on the table was agreed to.

                          ____________________