[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.

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