[Senate Report 106-256]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 486
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-256

======================================================================



 
                 BEND PINE NURSERY LAND CONVEYANCE ACT

                                _______
                                

                 April 6, 2000.--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. 1936]

    The Committee on Energy and Natural Resources, to which was 
referred the 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, having 
considered the same, reports, favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 Nursey, 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, 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 E, Mapleton Administrative Site, consisting of 
        approximately 8 acres, as depicted on site plan map entitled 
        ``Mapleton Administrative site, May 14, 1999''.
          (6) 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''.
          (7) Tract G, Dale Administrative Site, consisting of 
        approximately 37 acres, as depicted on site plan map entitled 
        ``Dale Compound, February 1999''.
          (8) 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 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.

                         purpose of the measure

    The purpose of S. 1936 is to sell or exchange all or part 
of certain administrative sites in Oregon and use the proceeds 
from the sale for National Forest purposes.

                          background and need

    The Forest Service's Bend Pine Nursery in Bend, Oregon is 
no longer operating and only a small portion of the site is in 
use. S. 1936 requires that, if the Forest Service is going to 
sell, exchange, or otherwise develop the former Bend Pine 
Nursery, the community will have the right of first refusal to 
acquire the property for the development of a sports complex, 
playing fields, or other facilities or public purposes.
    Additionally, this legislation allows the Forest Service to 
use the money from the sale of the Bend Pine nursery property, 
and other surplus properties in Oregon, or their value in 
exchange, for the acquisition of new administrative and 
recreation facilities on the Deschutes National Forest, a 
bunkhouse facility on the Umatilla National Forest, and to the 
extent funds are available, other parcels in the state of 
Oregon.

                          legislative history

    S. 1936 was introduced on November 16, 1999 by Senators 
Wyden and Smith of Oregon. The Subcommittee on Forests and 
Public Land Management held a hearing on S. 1936 on February 
10, 2000. At the business meeting on February 23, 2000, the 
Committee on Energy and Natural Resources ordered S. 1936 
reported favorably with an amendment in the nature of a 
substitute.

            committee recommendation and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on February 23, 2000, by a voice vote of 
a quorum present recommends that the Senate pass S. 1936 if 
amended as described herein.

                          committee amendment

    During the consideration of S. 1936, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
addresses concerns raised by the administration to clarify that 
the right of first refusal is to be offered to only the Bend 
Metro Park and Recreation District. In addition, the amendment 
clarifies which tracts are authorized for disposal by the 
Forest Service and provides for additional purposes for use of 
the land sales proceeds.

                      section-by-section analysis

    Section 1 provides the short title.
    Section 2 defines terms used in the Act.
    Section 3(a) authorizes the Secretary of Agriculture to 
sell or exchange National Forest System lands in Oregon, 
including the Bend Pine Nursery and other described parcels.
    Subsections (b), (c) and (d) allows the consideration of 
the sale or exchange to include land or improvements subject to 
applicable laws and regulations, except that a cash 
equalization payment in excess of 25 percent of the value of 
land exchanged will be allowed.
    Subsection (e) allows the Secretary to solicit offers for 
sale or exchange and reject any inadequate offers. The 
Secretary is required to give the right of first refusal to 
purchase the Bend Pine Nursery to the Bend Metro Parks and 
Recreation District of Deschutes County, Oregon.
    Subsection (f) revokes any land conveyed, effective on the 
date of the deed or patent, from any land order withdrawing 
land from all forms of appropriation under the public land 
laws.
    Section 4 requires the Secretary to deposit the proceeds of 
a sale or exchange in the Sisk Act fund. The section requires 
that those funds be available for acquiring administrative and 
visitor facilities and associated land for the Deschutes 
National Forest, and for a bunkhouse on the Umatilla National 
Forest. Funds not needed for those purposes can be used to 
acquire land and interests in land in the State. The section 
also requires the Secretary to administer lands acquired in 
accordance with the Weeks Act, and other laws pertaining to the 
National Forest System.
    Section 5 allows the Secretary to acquire or construct 
administrative facilities using funds made available under S. 
1936, or other funds available for acquisition, construction or 
improvement of facilities. The Committee expects that the 
Forest Service will limit construction costs for the new 
administrative and visitor facilities authorized in section 5 
to an amount approximating the total amount of revenue 
generated through the sale of the parcels noted in section 3.
    Section 6 authorizes appropriations necessary to carry out 
the Act.

                   cost and budgetary considerations

    The Congressional Budget Office (CBO) estimate of the costs 
of this measure follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 30, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1936, the Bend Pine 
Nursery Land Conveyance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1936--Bend Pine Nursery Land Conveyance Act

    S. 1936 would authorize the Secretary of Agriculture to 
sell or exchange certain lands and facilities located on 
several National Forests in Oregon. According to the Forest 
Service, those properties currently generate no significant 
receipts, and the agency does not expect them to generate any 
significant receipts over the next 10 years. The bill would 
authorize the Secretary to spend, without further 
appropriation, proceeds from the sale of these properties to 
construct a new administrative facility and a new bunkhouse. If 
receipts are insufficient to cover the costs of constructing 
the new facilities, S. 1936 would authorize the appropriation 
of sums necessary to complete the projects.
    Allowing the Forest Service to collect and spend receipts 
from the sale of property would affect spending; thus, pay-as-
you-go procedures would apply. Based on information from the 
agency, CBO estimates that enacting this legislation would 
increase both offsetting receipts (a credit against direct 
spending) and the spending of such collections by as much as $6 
million over the 2002-2003 period as shown in the following 
table. We estimate that the sales would occur during fiscal 
years 2002 and 2003, and that receipts would be offset by a 
corresponding increase in direct spending for construction 
during that period.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Receipts from Property Sales....................................       0       0      -4      -2       0       0
Spending of Receipts............................................       0       0       1       5       0       0
                                                                 -----------------------------------------------
      Net Changes...............................................       0       0      -3       3       0       0
----------------------------------------------------------------------------------------------------------------

    Implementing S. 1936 also could affect discretionary 
spending. Under current law, the Forest Service spends about $1 
million each year to rent the administrative site currently 
used for the Deschutes National Forest. Assuming that increased 
receipts are sufficient to cover the costs of constructing the 
new administrative facility authorized under S. 1936 and that 
the facility is completed by the end of fiscal year 2003, 
implementing this bill could reduce the need for future 
appropriations and reduce discretionary spending by $1 million 
annually starting in 2004.
    S. 1936 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. Any 
expenditures by state or local governments to purchase forest 
system land, as authorized by this bill, would be voluntary.
    The CBO staff contacts are Megan Carroll (for federal 
costs), and Marjorie Miller (for the impact on state, local, 
and tribal governments). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      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. 1936.
    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. 1936, as ordered reported.

                        executive communications

    On February 23, 2000 the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1936. These 
reports had not been received at the time the report on S. 1936 
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 Forest 
Service at the Subcommittee hearing follows:

Statement of Jack Craven, Director of Lands, Forest Service, Department 
                             of Agriculture

    Mr. Chairman and members of the Committee, thank you for 
the opportunity to be here today to present the 
Administration's views on S. 1936, the Bend Pine Nursery Land 
Conveyance Act, which would allow the Forest Service to convey 
the 210 acre Bend Pine Nursery site to the Bend Metro Parks and 
Recreation District and convey certain other parcels, with the 
proceeds used for acquisition, construction, or improvement of 
administrative facilities on the Deschutes National Forest.
    The Administration supports S. 1936, the Bend Pine Nursery 
Land Conveyance Act, if amended to address our concerns and 
incorporate suggested changes.
    The Administration supports S. 1936, the Bend Pine Nursery 
Land Conveyance Act, if amended to address our concerns and 
incorporate suggested changes as described below.
    The Act would allow the Forest Service to convey the 210 
acre Bend Pine Nursery site, as well as 4 other administrative 
sites, government-owned facilities at Shelter Cove Resort, and 
isolated parcels on the Deschutes National Forest. Any proceeds 
from the sales or exchanges authorized in the Act would be 
deposited in the fund established under Public Law 90-171 (16 
U.S.C. 484a), commonly known as the Sisk Act. The funds would 
then be available to the Forest Service for the acquisition, 
construction, or improvement of administrative facilities and 
associated land in connection with the Deschutes National 
Forest. To the extent that funds are not necessary for these 
purposes, the proceeds would be available for the acquisition 
of other lands in Oregon.
    Our primary concern is with Section 4, Disposition of 
Funds. Under Section 4(b)(1), we would recommend that the 
language be modified so that the funds may be used on the 
Deschutes National Forest and other National Forests in Oregon. 
While the Deschutes National Forest has important facility 
needs that can be addressed through this Act, there are other 
critical facility needs in the region that should also be met 
through the authorization this Act provides. Additionally, some 
of the lands listed for disposal are from other National 
Forests in Oregon, and those forests are only willing to 
contribute their assets to this project contingent upon their 
ability to acquire, construct, or improve administrative 
facilities on their forests under the authorities provided by 
this legislation. The wording change allows the Forest Service 
the flexibility to address these concerns, while still honoring 
a commitment to deal with facility needs on the Deschutes 
National Forest.
    We are also concerned with the wording in Section 3(e)(3), 
Right of First Refusal. The language, as currently written, 
appears to give multiple parties the right of first refusal. We 
do not agree that there should be multiple parties with right 
of first refusal, and recommend that this language be changed 
to reflect only that the Bend Metro Parks and Recreation 
District have this option. Additionally, we feel there should 
be a reasonable timeframe attached to this provision. We 
recommend that this section be amended whereby the Bend Metro 
Parks and Recreation District would sign a letter of intent to 
purchase the Bend Pine Nursery site within 6 months of the date 
of enactment of this act. We believe that this timeframe should 
be reflected in this section of the legislation.
    Our final concern is Section 5, Construction of New 
Administrative Facilities. Section 5(2) is ambiguous. Our 
concern is that if this section is construed to mean that any 
shortfall in funding for the Deschutes should come out of the 
Forest Service facilities budget, at the expense of other 
needs, then this diversion of funds would jeopardize the 
continued Forest Service presence in a number of rural 
communities, as monies needed for legally required repairs and 
facilities rehabilitation would be diverted to the Deschutes.

                        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 S. 1936, as ordered 
reported.

                                
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