[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9980-H9981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BEND PINE NURSERY LAND CONVEYANCE ACT
Mr. CALVERT. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 1936) 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,
as amended.
The Clerk read 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) Tract A, Bend Pine Nursery, comprising approximately
210 acres, as depicted on site plan map entitled ``Bend Pine
Nursery Administrative Site, May 13, 1999''.
(2) Tract B, the Federal Government owned structures
located at Shelter Cove Resort, Deschutes National Forest,
buildings only, as depicted on site plan map entitled
``Shelter Cove Resort, November 3, 1997''.
(3) Tract C, portions of isolated parcels of National
Forest Land located in Township 20 south, Range 10 East
section 25 and Township 20 South, Range 11 East sections 8,
9, 16, 17, 20, and 21 consisting of approximately 1,260
acres, as depicted on map entitled ``Deschutes National
Forest Isolated Parcels, January 1, 2000''.
(4) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) Tract F, Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map
entitled ``Site Development Plan, Columbia Gorge Ranger
Station, April 22, 1964''.
(6) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(7) Tract H, Crescent Butte Site, consisting of
approximately .8 acres, as depicted on site plan map entitled
``Crescent Butte Communication Site, January 1, 2000''.
(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 Park and
Recreation District 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 and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the
Umatilla National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), 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
[[Page H9981]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Calvert) and the gentleman from the gentleman from New
Mexico (Mr. Udall) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Calvert).
Mr. CALVERT. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, S. 1936 was introduced by Senator Ron Wyden. It would
allow the Forest Service to sell the Bend Pine Nursery in the State of
Oregon and use the proceeds to purchase other lands in that State. The
gentleman from Oregon (Mr. Walden) has introduced the House companion
bill for this measure, H.R. 4774, and he should be commended for his
work on behalf of the State of Oregon.
S. 1936 passed the full committee on September 20 of this year by a
voice vote; and I would urge support for the passage of S. 1936, as
amended, under suspension of the rules.
Madam Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Madam Speaker, S. 1936 authorizes the
Secretary of Agriculture to sell or exchange seven administrative sites
and facilities on approximately 1,325 acres on the Deschutes National
Forest in Oregon. The bill provides that the City of Bend, Oregon, will
be given the right of first refusal to purchase one particular site,
the 210-acre Bend Pine Nursery, for the potential use as a park. Funds
from the sale of these Federal assets will be used to construct new
Forest Service administrative facilities for the Deschutes and Umatilla
National Forests. The estimated value of the land to be conveyed is
between $3 million and $4 million. The administration supports this
legislation, and we do not object to it.
Madam Speaker, I yield back the balance of my time.
Mr. CALVERT. Madam Speaker, I yield such time as he may consume to
the gentleman from Oregon (Mr. Walden).
Mr. WALDEN of Oregon. Madam Speaker, I want to thank the gentleman
from California (Mr. Calvert) and the gentleman from New Mexico (Mr.
Udall) for their help in this legislation. Certainly my colleague from
Oregon, Senator Wyden, who with Senator Smith and I, have teamed up on
this legislation to make it a bipartisan effort to transfer this land,
allow it to be transferred, to surplus property over to the City of
Bend who will have the first right of refusal on the Bend Pine Nursery.
The city in turn will turn this wonderful open space, an
extraordinary piece of land, into something for all time for parks and
ball fields for children and for families. So it is an excellent
conveyance. It follows all the rules and all the laws of the Federal
Government, and in addition it is a bonus for the taxpayers because the
Deschutes National Forest now pays something on the order of $750,000 a
year in leases for their current buildings; and a new headquarters will
be built out of the proceeds of these funds so the taxpayers will save
this lease payment every year. So it is a win for the taxpayers. It is
a win for the children and families of Bend, and it is certainly a win
for the Federal Government.
Mr. CALVERT. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Calvert) that the House suspend the
rules and pass the Senate bill, S. 1936, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
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