[Senate Report 106-206]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 362
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-206
_______________________________________________________________________

 
                      MIWALETA PARK EXPANSION ACT

                                _______
                                

                November 2, 1999.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 977]

    The Committee on Energy and Natural Resources, to which was 
referred 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, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 3, delete lines 1 through 5 and insert: ``(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. On page 3, delete lines 7 through 9, and insert ``(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--''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 977 is to convey a county park and 
certain adjacent land from the Bureau of Land Management (BLM) 
to Douglas County, Oregon.

                          BACKGROUND AND NEED

    In 1986, Douglas County completed construction of the 
Galesville Dam on Cow Creek in Southern Oregon on land conveyed 
to the County from the BLM in 1985. A year later the County 
completed a 28.50 acre day use park known as Miwaleta Park, 
which is operated under an agreement with BLM. The County 
requested a conveyance under the Recreation and Public Purposes 
Act (R&PP) in 1993, but R&PP does not allow transfer or lease 
or formerly Oregon and California Railroad grant lands. 
Subsequently, this area was included in a Federal Energy 
Regulatory Commission license area and within a Late 
Successional Reserve, as designated by the Northwest Forest 
Plan.
    The County wants to construct a campground on a parcel 
adjacent to Miwaleta Park. An Environmental Analysis done by 
the BLM in 1998 concluded that it was appropriate to proceed 
with a proposed campground development on lands adjacent to the 
park that were currently being used for dispersed, unregulated 
camping. The proposed development was disapproved by the BLM 
Regional Ecosystem Office. The proposed development was 
subsequently approved by the Medford District, BLM, and the 
Regional Ecosystem Office in September 1999, and Douglas County 
was granted an expanded right of way to include the campground.

                          LEGISLATIVE HISTORY

    S. 977 was introduced by Senators Smith and Wyden on May 6, 
1999, and referred to the Committee on Energy and Natural 
Resources. The Subcommittee on Forests and Public Land 
Management held a hearing on S. 977 on June 23, 1999. At the 
business meeting on October 20, 1999, the Committee on Energy 
and Natural Resources ordered S. 977 favorably reported, with 
two amendments.

           COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 20, 1999, by a voice vote of a 
quorum present, recommends that the Senate pass S. 977, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    The first amendment to S. 977 requires the County to manage 
the conveyed land for park purposes that are consistent with 
the objectives of the Late Successional Reserve designation as 
described in the Northwest Forest Plan and in accordance with a 
management plan developed in cooperation with the U.S. Fish and 
Wildlife Service. The second amendment to S. 977 makes the 
reversion of the land conditional, at the option of the 
Secretary, if the Secretary determines that the land is not 
being used for public park purposes.

                      SECTION-BY-SECTION ANALYSIS

    Section 2(a)(1) requires the Secretary of the Interior to 
convey, without consideration, the parcel of land, with 
improvements, described in paragraph (2) to Douglas County, 
Oregon.
    Paragraph (2) gives the legal description of the parcel to 
be conveyed.
    Subsection (b)(1) allows the County to manage the conveyed 
land in a manner appropriate for park purposes.
    Paragraph (2) provides that if the Secretary determines 
that the land is not being used for park purposes, the land and 
improvements revert to the United States.
    Subsection (c) requires a survey of the land to be paid for 
by the County.
    Subsection (d)(1) states that the conveyance will not have 
an effect on rights provided in a Federal Energy Regulatory 
Commission Withdrawal.
    Paragraph (2) requires the withdrawal to prevail in a case 
of conflict between the use of the conveyed land as a park and 
the purposes of the withdrawal.
    Subsection (e) requires that, other than the survey, costs 
of the conveyance shall be borne by the party incurring the 
costs.
    Subsection (f) allows the Secretary to require additional 
terms and conditions if necessary.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 977.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 977, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On October 25, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 977. These reports 
had not been received at the time the report on S. 977 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the Bureau 
of Land Management at the Subcommittee hearing follows:

   Statement of Tom Fry, (Acting) Director, Bureau of Land Management

    Thank you for the opportunity to testify on S. 977, the 
Miwaleta Park Expansion Act. This bill provides for the 
conveyance of public lands to Douglas County, without 
consideration, which, upon passage of the bill, would be used 
for the construction of a campground to be used in conjunction 
with the existing Miwaleta Park. The park is currently a county 
day-use facility and boat ramp at Galesville Reservoir. While 
we do not support the bill as written, the Bureau of Land 
Management (BLM) is offering to work with the Committee on 
considerations that would include protection of Late 
Successional Reserve (LSR) values consistent with the Northwest 
Forest Plan (NFP).
    The public lands included in the proposed transfer lie 
within the boundaries of the Galesville LSR, as designated in 
the Northwest Forest Plan. Because of this special designation, 
BLM is required to prepare an LSR Assessment of the condition 
and treatment of these lands. The assessment would address 
proposed construction of the campground by Douglas County and 
resulting recreation activities, and how these activities may 
impact threatened and endangered species in the area. Of 
considerable concern is a bald eagle nest within one mile of 
the proposed campground, and several juvenile spotted owls that 
have been seen in the vicinity. We believe that the center of 
activity for the owls is within one mile of the proposed 
campground. It is critical that development and management of a 
campground be done in a manner that provides adequate 
protection for these species and other LSR resources. Once the 
LSR Assessment is approved, BLM can formally consult with the 
U.S. Fish and Wildlife Service on possible impacts to any 
threatened and endangered species. At this point, it would be 
BLM's intent to implement a cooperative management agreement 
with Douglas County to determine appropriate alternatives for 
additional recreational facilities.
    BLM would prefer to accommodate the proposed expansion 
through existing administrative authorities other than a 
legislative land transfer. Options include developing a 
cooperative management agreement, exchanging the land for lands 
owned by Douglas County along the North Umpqua River, or 
leasing the lands under the Recreation and Public Purposes Act 
(R&PP). We are examining which options would in the public 
interest, and be most in keeping with the goals of the proposed 
project, the BLM's Resource Management Plan for the area, and 
the objectives for LSRs as described in the Northwest Forest 
Plan. All of these options could be accommodated within 
existing laws and authorities and provide an opportunity to 
develop mitigation measures to ensure that the proposed use 
does not adversely affect important resource values identified 
in the LSR Assessment.
    The BLM and Douglas County have been working together in an 
effort to establish a designated campground adjacent to the 
existing day use area. It has been BLM's intent to establish a 
partnership for construction and maintenance of the proposed 
campground, and the BLM has already completed both a site plan 
and an environmental assessment for the project. While we 
recognize that the county may have experienced some frustration 
regarding the length of time it has taken to complete the 
appropriate assessments and consultations, the nature of the 
resource values requires us to conduct a thorough and careful 
review of any impact the proposed activities will have on those 
resources.
    In spite of delays in effecting the development of the 
campground, the public has been able to use and enjoy the site 
for several years. Galesville Reservoir is a popular spot for 
fishing and boating. The BLM has authorized the County to 
develop and operate a day use area (Miwaleta Park) on adjoining 
public lands. We agree with the County that there is a critical 
need for additional recreation facilities in the area to meet 
existing public demand.
    If the Committee does consider a legislative solution, 
however, we recommend that the following changes be made to S. 
977:
    Section 2(a)(1) Conveyance: In addition, include language 
as follows: ``The Secretary of the Interior (referred to in 
this section as the `Secretary') shall convey, for compensation 
in the amount of fair market value, to Douglas County, Oregon 
(referred to in this section as the `County'), all rights, 
title, mineral rights, and interest of the United States * * 
*'' This addition provides for fair market value compensation, 
and for conveyance of all mineral rights.
    Section 2(b)(1) In General: Include language as follows: 
``After conveyance of land under subsection (a), the County 
will 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 U.S. Fish and 
Wildlife Service.''
    Section 2(b)(2)(A)(a)(i) Reversionary Interest (1): Include 
mineral rights. An additional problem with this clause is the 
fact that, as written, the land would revert to the United 
States if it is no longer used for park purposes. This leaves 
the United States with a residual title interest that could 
trigger liability under the current environmental statutes. 
Moreover, the land could contain facilities that would require 
the expenditure of public funds either to remove or repair to a 
condition that would meet standards for public safety.
    If the reversionary clause is not eliminated, we recommend 
that it be changed to provide that, before title reverts to the 
United States, the County will be responsible for cleaning any 
contaminated areas and restoring the land, including any 
facilities, to a condition acceptable to the United States.
    Section 2(c) Survey: Specify that the survey should include 
the boundaries of the FERC Withdrawal. There are some 
discrepancies, regarding the exact boundary of the FERC 
withdrawal that may need to be resolved before the bill is 
passed, to avoid future controversy. We are researching our 
records to confirm the actual boundaries.
    In addition, all references to ``park purposes'' should be 
changed to ``public park purposes.''
    In conclusion the BLM would prefer that we establish a 
partnership with Douglas County for development and management 
of the Miwaleta site and that legislation not be enacted. We 
have been working toward that goal for some time now, and 
specific management issues can be worked out through existing 
authorities.
    This concludes my testimony. I would be glad to respond to 
any questions.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 977 as ordered 
reported.

                                  
