[Congressional Record Volume 145, Number 162 (Tuesday, November 16, 1999)]
[Senate]
[Pages S14642-S14643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Smith or Oregon):
  S. 1936. A bill to authorize the Secretary of Agriculture to sell or 
exchange all or part of certain administrative sites and other National 
Forest System land in the State of Oregon and use the proceeds derived 
from the sale or exchange for National Forest System purposes; to the 
Committee on Energy and Natural Resources.


               the bent pine nursery land conveyance act

  Mr. WYDEN. Mr. President, I am introducing today legislation that 
will allow the Forest Service to sell an abandoned facility to the city 
of Bend, OR, to be used for recreational purposes. The idea for this 
legislation came from the citizens of Bend themselves. They worked with 
Forest Service personnel in the adjacent Deschutes National Forest and 
crafted a win-win solution to different problems. What others might 
have seen as a problem, namely the shutdown of the Pine Nursery 
facility, they saw as an opportunity--the opportunity to provide a 
recreational complex for the community and to generate funding for 
needed facilities in the Deschutes Forest. This legislation would allow 
them to implement this creative idea.
  Faced with the inevitable sale, trade or development of the Forest 
Service's Bend Pine Nursery, which supplied seedlings for five decades 
of reforestation work, last spring I met with representatives from the 
Bend Metro Parks and Recreation District; the city of Bend; the Bend 
School District; folks from the soccer and Little League baseball 
programs; and others who are concerned about central Oregon's youth and 
adults having adequate recreational facilities.
  What these folks asked me to do was very straightforward: if the 
Forest service is going to sell, exchange, or otherwise develop the 
former Bend Pine Nursery, the community wanted the opportunity to 
acquire the property for the development of a sports complex, playing 
fields and other facilities.
  My bill simply creates an opportunity for the Bend Metro Parks and 
Recreation District to work with the people of Bend on whether or not 
to purchase this property. It does not require purchase by the 
community, it simply gives the community a right of first refusal to 
buy the property at fair market value.
  At the same time, this legislation allows the Deschutes National 
Forest to address its need for a new administrative site. Currently, 
the Deschutes pays approximately $725,000 per year in annual lease and 
utility costs. This is \3/4\ of a million dollars that is not being 
spent on the ground, improving the quality of Deschutes National Forest 
facilities, lands and resources. It is a credit to the leadership of 
the Deschutes National Forest that they seek a way out from this 
unnecessary, unproductive and recurring expense.
  My bill will enable the Deschutes to use the money raised from the 
sale of the nursery and other surplus properties in Oregon toward the 
acquisition--and ownership--of a new administrative site. The cost of a 
new building is estimated to be about $7 million; as my colleagues can 
see, the forest is paying almost a million dollars in rent each year. 
In the words of an ad from today's ``Bend Bulletin'', and I quote: 
``Tired of throwing away thousands on rent? Think you can't buy? think 
again. If you're stuck in the renter rut, try it our way.''
  I look forward to a hearing next year on this bill in the Energy and 
Natural Resources Subcommittee on Forests and Public Land Management, 
of which

[[Page S14643]]

I am ranking member. I welcome my colleague, Mr. Smith, as an original 
cosponsor of this innovative bill
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1936

       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 ``Bend Pine Nursery Land 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) State.--The term ``State'' means the State of Oregon.

     SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.

       (a) In General.--The Secretary may, under such terms and 
     conditions as the Secretary may prescribe, sell or exchange 
     any or all right, title, and interest of the United States in 
     and to the following National Forest System land and 
     improvements:
       (1) Bend Pine Nursery, comprising approximately 210 acres, 
     as depicted on site plan map entitled ``Bend Pine Nursery 
     Administrative Site'', dated May 13, 1999.
       (2) The Federal Government-owned facilities at Shelter Cove 
     Resort, as depicted on site plan map entitled ``Shelter Cove 
     Resort'', dated November 3, 1997.
       (3) Isolated parcels of National Forest System land located 
     in sec. 25, T. 20 S., R. 10 E., and secs. 16, 17, 20, and 21, 
     T. 20 S., R. 11 E., Willamette Meridian, as depicted on the 
     map entitled ``Isolated Parcels, Deschutes National Forest'', 
     dated 1988.
       (4) Alsea Administrative Site, consisting of approximately 
     24 acres, as depicted on site plan map entitled ``Alsea 
     Administrative Site'', dated May 14, 1999.
       (5) Mapleton Administrative Site, consisting of 
     approximately 8 acres, as depicted on site plan map entitled 
     ``Mapleton Administrative Site'', dated May 14, 1999.
       (6) Springdale Administrative Site, consisting of 
     approximately 3.6 acres, as depicted on site plan map 
     entitled ``Site Development Plan, Columbia Gorge Ranger 
     Station'', dated April 22, 1964.
       (7) Dale Administrative Site, consisting of approximately 
     40 acres, as depicted on site plan map entitled ``Dale 
     Administrative Site'', dated July 7, 1999.
       (b) Consideration.--Consideration for a sale or exchange of 
     land under subsection (a) may include the acquisition of 
     land, existing improvements, or improvements constructed to 
     the specifications of the Secretary.
       (c) Applicable Law.--Except as otherwise provided in this 
     Act, any sale or exchange of National Forest System land 
     under subsection (a) shall be subject to the laws (including 
     regulations) applicable to the conveyance and acquisition of 
     land for the National Forest System.
       (d) Cash Equalization.--Notwithstanding any other provision 
     of law, the Secretary may accept a cash equalization payment 
     in excess of 25 percent of the value of land exchanged under 
     subsection (a).
       (e) Solicitations of Offers.--
       (1) In general.--Subject to paragraph (3), the Secretary 
     may solicit offers for sale or exchange of land under this 
     section on such terms and conditions as the Secretary may 
     prescribe.
       (2) Rejection of offers.--The Secretary may reject any 
     offer made under this section if the Secretary determines 
     that the offer is not adequate or not in the public interest.
       (3) Right of first refusal.--The Bend Metro Parks and 
     Recreation District or other units of local government in 
     Deschutes County, Oregon, shall be given the right of first 
     refusal to purchase the Bend Pine Nursery described in 
     subsection (a)(1).
       (f) Revocations.--
       (1) In general.--Any public land order withdrawing land 
     described in subsection (a) from all forms of appropriation 
     under the public land laws is revoked with respect to any 
     portion of the land conveyed by the Secretary under this 
     section.
       (2) Effective date.--The effective date of any revocation 
     under paragraph (1) shall be the date of the patent or deed 
     conveying the land.

     SEC. 4. DISPOSITION OF FUNDS.

       (a) Deposit of Proceeds.--The Secretary shall deposit the 
     proceeds of a sale or exchange under section 3(a) in the fund 
     established under Public Law 90-171 (16 U.S.C. 484a) 
     (commonly known as the ``Sisk Act'').
       (b) Use of Proceeds.--Funds deposited under subsection (a) 
     shall be available to the Secretary, without further Act of 
     appropriation, for--
       (1) the acquisition, construction, or improvement of 
     administrative facilities and associated land in connection 
     with the Deschutes National Forest; and
       (2) to the extent the funds are not necessary to carry out 
     paragraph (1), the acquisition of land and interests in land 
     in the State.
       (c) Administration.--Subject to valid existing rights, the 
     Secretary shall manage any land acquired by purchase or 
     exchange under this Act in accordance with the Act of March 
     1, 1911 (16 U.S.C. 480 et seq.) (commonly known as the 
     ``Weeks Act'') and other laws (including regulations) 
     pertaining to the National Forest System.

     SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.

       The Secretary may acquire, construct, or improve 
     administrative facilities and associated land in connection 
     with the Deschutes National Forest System by using--
       (1) funds made available under section 4(b); and
       (2) to the extent the funds are insufficient to carry out 
     the acquisition, construction, or improvement, funds 
     subsequently made available for the acquisition, 
     construction, or improvement.

     SEC. 6. AUTHORIZATION OF APPROPRIATION.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

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