[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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