[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 31172-31173]
[From the U.S. Government Publishing Office, www.gpo.gov]



                      MIWALETA PARK EXPANSION ACT

  The Senate proceeded to consider the bill (S. 977) to provide for the 
conveyance by the Bureau of Land Management to Douglas County, Oregon, 
of a county park and certain adjacent land, which had been reported 
from the Committee on Energy and Natural Resources, with amendments; as 
follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 977

       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 ``Miwaleta Park Expansion 
     Act''.

     SEC. 2. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND, 
                   DOUGLAS COUNTY, OREGON.

       (a) In General.--
       (1) Conveyance.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall convey, without 
     consideration, to Douglas County, Oregon (referred to in this 
     section as the ``County''), all right, title, and interest of 
     the United States in and to a parcel of land (including 
     improvements on the land) described in paragraph (2) and 
     consisting of--
       (A) Miwaleta Park, a county park managed under agreement by 
     the County on Federal land managed by the Bureau of Land 
     Management; and
       (B) an adjacent tract of Federal land managed by the Bureau 
     of Land Management.
       (2) Legal description.--The parcel of land referred to in 
     paragraph (1) is the parcel in the SW\1/4\ of the NE\1/4\; 
     SE\1/4\ of the NW\1/4\ of sec. 27, T. 31 S., R. 4 W., W.M., 
     Douglas County, Oregon, described as follows:
     The property lying between the southerly right-of-way line of 
     the relocated Cow Creek County Road No. 36 and contour 
     elevation 1881.5 MSL, comprising approximately 28.50 acres.
       (b) Use of Land.--
       [(1) In general.--After conveyance of land under subsection 
     (a), the County may manage and exercise any program or policy 
     that the County considers appropriate in the use of the land 
     for park purposes.]
       (1) In general.--After conveyance of land under subsection 
     (a), the County shall manage the land for public park 
     purposes in a manner so as not to adversely affect attainment 
     of the objectives of the adjacent Late Successional Reserve 
     as described in the Northwest Forest Plan, and in accordance 
     with a management plan for the area developed in cooperation 
     with the United States Fish and Wildlife Service.
       (2) Reversionary interest.--
       [(A) In general.--If the Secretary determines that the land 
     conveyed under subsection (a) is not being used for park 
     purposes]
       (A) In general.--If the Secretary determines that the land 
     conveyed under subsection (a) is not being used for public 
     park purposes, at the option of the Secretary--
       (i) all right, title, and interest in and to the land, 
     including any improvements on the land, shall revert to the 
     United States; and
       (ii) the United States shall have the right of immediate 
     entry onto the land.
       (B) Determination on the record.--Any determination of the 
     Secretary under subparagraph (A) shall be made on the record.
       (c) Survey.--The exact acreage and legal description of the 
     land to be conveyed under subsection (a) shall be determined 
     by a survey satisfactory to the Secretary and paid for by the 
     County.
       (d) Impact on FERC Withdrawal.--
       (1) In general.--The conveyance of land under subsection 
     (a) shall have no effect on the conditions and rights 
     provided in Federal Energy Regulatory Commission Withdrawal 
     No. 7161.
       (2) Conflicts.--In a case of conflict between the use of 
     the conveyed land as a park and the purposes of the 
     withdrawal, the purposes of the withdrawal shall prevail.
       (e) Costs of Conveyance.--Except as provided in subsection 
     (c), costs associated with the conveyance under subsection 
     (a) shall be borne by the party incurring the costs.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

  The committee amendments were agreed to.
  The bill (S. 977), as amended, was passed, as follows:

                                 S. 977

       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 ``Miwaleta Park Expansion 
     Act''.

     SEC. 2. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND, 
                   DOUGLAS COUNTY, OREGON.

       (a) In General.--
       (1) Conveyance.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall convey, without 
     consideration, to Douglas County, Oregon (referred to in this 
     section as the ``County''), all right, title, and interest of 
     the United States in and to a parcel of land (including 
     improvements on the land) described in paragraph (2) and 
     consisting of--
       (A) Miwaleta Park, a county park managed under agreement by 
     the County on Federal

[[Page 31173]]

     land managed by the Bureau of Land Management; and
       (B) an adjacent tract of Federal land managed by the Bureau 
     of Land Management.
       (2) Legal description.--The parcel of land referred to in 
     paragraph (1) is the parcel in the SW\1/4\ of the NE\1/4\; 
     SE\1/4\ of the NW\1/4\ of sec. 27, T. 31 S., R. 4 W., W.M., 
     Douglas County, Oregon, described as follows:
     The property lying between the southerly right-of-way line of 
     the relocated Cow Creek County Road No. 36 and contour 
     elevation 1881.5 MSL, comprising approximately 28.50 acres.
       (b) Use of Land.--
       (1) In general.--After conveyance of land under subsection 
     (a), the County shall manage the land for public park 
     purposes in a manner so as not to adversely affect attainment 
     of the objectives of the adjacent Late Successional Reserve 
     as described in the Northwest Forest Plan, and in accordance 
     with a management plan for the area developed in cooperation 
     with the United States Fish and Wildlife Service.
       (2) Reversionary interest.--
       (A) In general.--If the Secretary determines that the land 
     conveyed under subsection (a) is not being used for public 
     park purposes, at the option of the Secretary--
       (i) all right, title, and interest in and to the land, 
     including any improvements on the land, shall revert to the 
     United States; and
       (ii) the United States shall have the right of immediate 
     entry onto the land.
       (B) Determination on the record.--Any determination of the 
     Secretary under subparagraph (A) shall be made on the record.
       (c) Survey.--The exact acreage and legal description of the 
     land to be conveyed under subsection (a) shall be determined 
     by a survey satisfactory to the Secretary and paid for by the 
     County.
       (d) Impact on FERC Withdrawal.--
       (1) In general.--The conveyance of land under subsection 
     (a) shall have no effect on the conditions and rights 
     provided in Federal Energy Regulatory Commission Withdrawal 
     No. 7161.
       (2) Conflicts.--In a case of conflict between the use of 
     the conveyed land as a park and the purposes of the 
     withdrawal, the purposes of the withdrawal shall prevail.
       (e) Costs of Conveyance.--Except as provided in subsection 
     (c), costs associated with the conveyance under subsection 
     (a) shall be borne by the party incurring the costs.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

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