[Congressional Record Volume 153, Number 160 (Monday, October 22, 2007)]
[House]
[Pages H11789-H11790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DOUGLAS COUNTY, WASHINGTON, PUD CONVEYANCE ACT
Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 523) to require the Secretary of the Interior to convey
certain public land located wholly or partially within the boundaries
of the Wells Hydroelectric Project of Public Utility District No. 1 of
Douglas County, Washington, to the utility district, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 523
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 ``Douglas County, Washington,
PUD Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Public land.--The term ``public land'' means the
approximately 622 acres of Federal land managed by the Bureau
of Land Management and identified for conveyance on the map
prepared by the Bureau of Land Management entitled ``Douglas
County Public Utility District Proposal'' and dated March 2,
2006.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) PUD.--The term ``PUD'' means the Public Utility
District No. 1 of Douglas County, Washington.
(4) Wells hydroelectric project.--The term ``Wells
Hydroelectric Project'' means Federal Energy Regulatory
Commission Project No. 2149.
SEC. 3. CONVEYANCE OF PUBLIC LAND, WELLS HYDROELECTRIC
PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF
DOUGLAS COUNTY, WASHINGTON.
(a) Conveyance Required.--Notwithstanding the land use
planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), and notwithstanding section 24 of the Federal Power
Act (16 U.S.C. 818) and Federal Power Order for Project 2149,
and subject to valid existing rights, if not later than 45
days after the date of completion of the appraisal required
under subsection (b), the Public Utility District No. 1 of
Douglas County, Washington, submits to the Secretary of the
Interior an offer to acquire the public land for the
appraised value, the Secretary shall convey, not later than
30 days after the date of the offer, to the PUD all right,
title, and interest of the United States in and to the public
land.
(b) Appraisal.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall complete an
appraisal of the public land. The appraisal shall be
conducted in accordance with the ``Uniform Appraisal
Standards for Federal Land Acquisitions'' and the ``Uniform
Standards of Professional Appraisal Practice''.
(c) Payment.--Not later than 30 days after the date on
which the public land is conveyed under this section, the PUD
shall pay to the Secretary an amount equal to the appraised
value of the public land as determined under subsection (b).
(d) Map and Legal Descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the public land to be conveyed
under this section. The Secretary may correct any minor
errors in the map referred to in section 2 or in the legal
descriptions. The map and legal descriptions shall be on file
and available for public inspection in appropriate offices of
the Bureau of Land Management.
(e) Costs of Conveyance.--As a condition of conveyance, any
costs related to the conveyance under this section shall be
paid by the PUD.
(f) Disposition of Proceeds.--The Secretary shall deposit
the proceeds from the sale in the Federal Land Disposal
Account established by section 206 of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305) to be expended
to improve access to public lands administered by the Bureau
of Land Management in the State of Washington.
SEC. 4. SEGREGATION OF LANDS.
(a) Withdrawal.--Except as provided in section 3(a),
effective immediately upon enactment of this Act, and subject
to valid existing rights, the public land is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws, and all amendments thereto;
(2) location, entry, and patenting under the mining laws,
and all amendments thereto; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws, and all amendments thereto.
(b) Duration.--This section expires two years after the
date of enactment of this Act or on the date of the
completion of the conveyance under section 3, whichever is
earlier.
SEC. 5. RETAINED AUTHORITY.
The Secretary shall retain the authority to place
conditions on the license to insure adequate protection and
utilization of the public land granted to the Secretary in
section 4(e) of the Federal Power Act (16 U.S.C. 797(e))
until the Federal Energy Regulatory Commission has issued a
new license for the Wells Hydroelectric Project, to replace
the original license expiring May 31, 2012, consistent with
section 15 of the Federal Power Act (16 U.S.C. 808).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Grijalva) and the gentleman from Texas (Mr. Gohmert) each
will control 20 minutes.
[[Page H11790]]
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GRIJALVA. Mr. Speaker, the Wells Hydroelectric Project, operated
by the Public Utility District in Douglas County, provides electricity
to approximately 17,000 customers in Washington State. The central
feature of the project is a dam on the Columbia River.
The utility district is in the early stages of the Federal Energy
Regulatory Commission's relicensing process. The project's current
license was granted in 1962 and will expire in May 2012. An application
for relicensing must be submitted by 2010.
H.R. 523 directs the Secretary of the Interior to sell 662 acres of
BLM land within the project boundary to the utility district and
requires the district to pay the appraised fair market value of the
land.
Importantly, the legislation requires that, even after the conveyance
takes place, the Secretary of the Interior will retain authority under
the Federal Power Act to place conditions on the utility district's new
license, if necessary, to protect the natural resources of the area.
Mr. Speaker, we have worked closely with the sponsor and our minority
colleagues on the Natural Resources Committee to improve this
legislation. We thank them for that and appreciate it very much.
Mr. Speaker, I reserve the balance of my time.
Mr. GOHMERT. Mr. Speaker, I rise in support of H.R. 523 and yield
myself such time as I may consume.
First, I would like to thank Committee Chairman Rahall and
Subcommittee Chairman Grijalva for scheduling and for pushing this
important legislation. This straightforward bill allows for the
conveyance of a few small pieces of public land to the Douglas Public
Utility District for fair market value and then dedicates the sales
proceeds to improving public access to existing Bureau of Land
Management lands in Washington State. This conveyance from one public
agency to another will better facilitate the use of this land.
Congressman Doc Hastings is also to be commended for his work. He has
worked and pushed, and it's great to see this all coming to fruition.
Congressman Hastings is traveling from his district at this time and
cannot be here.
Mr. HASTINGS of Washington. Madam Speaker, I strongly support H.R.
523, legislation I introduced to convey certain Bureau of Land
Management land to the Douglas County Public Utility District in
Washington state. The Douglas County PUD operates the Wells Hydropower
Project on the Columbia River, in North Central Washington. The PUD
manages the Wells Hydroelectric Dam and the associated reservoir for
multiple purposes, including power generation, fish and wildlife
protection, and recreation. Almost all of the land encompassing the
project area is owned by the PUD, with the exception of several small
BLM holdings.
Passing this legislation enables the PUD to manage the project in a
far more efficient manner. It also allows the BLM to concentrate its
limited resources elsewhere, in areas where there are large contiguous
blocks of BLM land. It is clear that we can achieve a better and more
efficient management of our resources with this land conveyance.
In addition, since the Douglas PUD is a public agency under
Washington state law, this conveyance simply moves land from the
control of one public agency to the control of another agency. It is
also important to note that the Douglas PUD has a stellar reputation as
a steward of the environment. They worked diligently with federal and
state agencies, tribal governments, and environmental groups to develop
a model Habitat Conservation Plan for salmon and steelhead. The PUD
also protects other forms of wildlife and provides public access
wherever possible.
As my colleagues may recall, similar legislation passed the House
last year under suspension. There is one important addition to the
legislation this year. H.R. 523 calls for the proceeds of this land
sale to be used to improve public access to existing BLM lands in
Washington state. I am pleased that I was able to reach a consensus
with members of the Natural Resources Committee to ensure that the
proceeds from this sale will stay in the state where the land
conveyance occurred--my home state of Washington. I am also pleased to
note that these funds will go towards increasing the ability of our
constituents to access their public lands.
It is my intention to see that these funds go towards projects like
the Juniper Dunes Wilderness Area in Washington state. Due to its close
proximity to the Tri-Cities, Juniper Dunes is a highly popular
recreation area for serious hikers as well as families who are looking
for an interesting place to explore with their children. Despite its
popularity, it is extremely difficult for the public to visit Juniper
Dunes. The Dunes are currently surrounded by private lands. Therefore,
in order to visit the public area, one has to cross private property.
H.R. 523 gives the BLM the financial resources and the flexibility they
need to improve access to Juniper Dunes.
Finally, I am pleased that I was able to work with the Resources
Committee to include language clarifying that the BLM will retain
authority under the Federal Power Act for the current FERC relicensing
of the Wells project. This authority will remain with the BLM until a
new license is in place, which is expected in 2012.
I want to thank my colleagues on the Natural Resources Committee,
specifically Chairman Rahall, Ranking Member Young and Subcommittee
Chairman Grijalva and Subcommittee Ranking Member Bishop and their
staffs for all their hard work on this legislation. H.R. 523 will
benefit the Douglas County PUD, the BLM as well as improve vitally
needed public access throughout Washington state. I urge my colleagues
to support this legislation.
Mr. GOHMERT. Mr. Speaker, I yield back the balance of my time.
Mr. GRIJALVA. 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 Arizona (Mr. Grijalva) that the House suspend the rules
and pass the bill, H.R. 523, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GRIJALVA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________