[Congressional Record Volume 143, Number 95 (Tuesday, July 8, 1997)]
[House]
[Page H4857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CONVEYING CERTAIN LAND TO CITY OF GRANTS PASS, OR.

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1198), to direct the Secretary of the Interior to convey 
certain land to the city of Grants Pass, OR., as amended.
  The Clerk read as follows:

                               H.R. 1198

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

     SECTION. 1. CONVEYANCE OF BLM LAND TO GRANTS PASS, OREGON.

       (a) Conveyance Required.--The Secretary of the Interior 
     shall promptly convey to the City of Grants Pass, Oregon (in 
     this section referred to as the ``City''), without monetary 
     compensation, all right, title, and interest of the United 
     States in and to the real property described in subsection 
     (b).
       (b) Property Described.--(1) In general.--The real property 
     referred to in subsection (a) is that parcel of land depicted 
     on the map entitled ``Merlin Landfill Map'' and dated June 
     20, 1997, consisting of--
       (A) approximately 200 acres of Bureau of Land Management 
     Land on which the City has operated a landfill under lease; 
     and
       (B) approximately 120 acres of Bureau of Land Management 
     Land that are adjacent to the land described in subparagraph 
     (A).
       (2) Determination by secretary.--The Secretary of the 
     Interior may determine more particularly the real property 
     described in paragraph (1).
       (c) Consideration.--As consideration for the conveyance 
     under subsection (a), the Secretary shall require the City to 
     agree to indemnify the Government of the United States for 
     all liability of the Government that arises from the 
     property.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah [Mr. Hansen] and the gentleman from American Samoa [Mr. 
Faleomavaega] each will control 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1198, as amended, is a bill introduced by my 
colleague, the gentleman from Oregon [Mr. Smith]. Mr. Smith has worked 
hard to develop a bill which successfully resolves an environmentally 
sensitive issue and will benefit the people of Oregon.
  H.R. 1198 directs the Secretary of the Interior to convey certain 
Federal land currently used as a solid waste landfill facility from the 
Bureau of Land Management to the city of Grants Pass, OR. This bill 
transfers title and all right and interest of the real property to the 
city of Grants Pass, while indemnifying the Government of the United 
States for all liability that may arise from the property. A technical 
amendment provided the title and date of the map in the property 
description found in section 1(b)(1) of the bill.
  This bill is noncontroversial and is supported by the administration 
and the city of Grants Pass, OR. I urge my colleagues to support H.R. 
1198.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume. I too would like to commend the gentleman from Oregon [Mr. 
Smith], who is also a member of our committee, for his sponsorship of 
this legislation.
  Mr. Speaker, H.R. 1198 directs the Secretary of the Interior to 
convey to the city of Grants Pass, OR, without monetary consideration, 
approximately 200 acres of public land which the city has operated 
under lease and 120 acres of adjacent public land to be used as a 
buffer. In addition, the bill specifies that the city must agree to 
indemnify the United States from all liability that arises from the 
property.
  In testimony before the Committee on Resources, the administration 
stated its support of the bill, and I know of no controversy associated 
with the legislation.
  With that in mind, Mr. Speaker, I urge my colleagues to support this 
bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I have no further speakers on this issue, 
and I yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, before I yield the balance of my time, 
I would like to say that I would be remiss if I did not offer my 
commendations to the members of the staff on this side of the aisle for 
their tremendous work with the Members in getting this piece of 
legislation successfully passed here on the floor of the House: Mr. 
Rick Healy, Marie Howard Fabrizio, Jean Flemma, and Ann Owens.
  Mr. SMITH of Oregon. Mr. Speaker, I rise today to urge swift passage 
for this legislation which would transfer the Merlin Landfill in my 
district to the city of Grants Pass, OR.
  Grants Pass is a small city in southern Oregon and has leased 
approximately 200 acres of BLM land for the Merlin Landfill since 1968. 
This lease is due to expire on April 14, 2000, 2 or 3 years short of 
the landfill's operational lifespan. The BLM has stated that it will 
not renew this lease.
  In 1990, low levels of organic chemicals were identified in 
groundwater beyond the site boundaries. This contamination was so 
minimal that if the water was used for public drinking, it would meet 
all Federal and State standards for safety. Nevertheless, the Superfund 
law requires that, as public land, the site be listed as a contaminated 
Federal facility and evaluated for ranking on the national priorities 
list for subsequent cleanup.
  Although the BLM would be responsible for performing this cleanup, 
Superfund requires that the Bureau recover its costs. As with other 
Superfund liability disputes, the litigation expenses incurred by both 
the BLM and the city could quite possibly cost more than the cleanup 
itself. These circumstances led the BLM to attempt to cancel the Merlin 
Landfill's lease in 1991. Because a lease termination or a suspension 
in operation during the cleanup would pose an enormous financial burden 
on the citizens and businesses of Grants Pass, the city successfully 
worked with the BLM to address the environmental concerns. These 
efforts have cost the city several million dollars
  In addition, the city has entered into a consent order with the 
Oregon Department of Environmental Quality obligating it to address the 
remaining concerns in preparation for the eventual closure of the 
landfill. However, despite its faithful cooperation in addressing these 
issues, if the landfill closes when the lease terminates in the year 
2000, the city will not have adequate financial resources to fund the 
remaining compliance activities as well as the Closure and Post-Closure 
Trust Funds.
  After exploring a number of nonlegislative options, the concerned 
parties came to a consensus agreement that the best and most cost-
effective solution to the problem would be for the BLM to transfer the 
leased land and an additional parcel of 120 acres to the city. In turn, 
Grants Pass would accept all liability and responsibility for cleaning 
up the contaminated area.
  Most important, however, is that such a transfer would allow 
operations to continue at the Merlin Landfill for another 2 or 3 years 
past the lease termination date. This would allow the city to raise 
enough money to meet its environmental obligations including the 
Closure and Post-Closure Trust Funds.
  This is simple, cost-effective, good government, and it is recognized 
as such by all parties involved. The Oregon Department of Environmental 
Quality, Josephine County, the BLM, and the Governor's office have all 
voiced their support for this legislation. I, too, hope for a speedy 
passage so that the city of Grants Pass and the BLM have adequate time 
to prepare and complete this transfer.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah [Mr. Hansen] that the House suspend the rules and 
pass the bill, H.R. 1198, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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