[House Report 107-637]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-637
======================================================================
 
     COUNTY RIGHT-OF-WAY TO WEST BUTTE ROAD IN THE STATE OF OREGON

                                _______
                                

 September 4, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4953]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4953) to direct the Secretary of the Interior to grant to 
Deschutes and Crook Counties in the State of Oregon a right-of-
way to West Butte Road, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. COUNTY RIGHT-OF-WAY TO WEST BUTTE ROAD IN THE STATE OF 
                    OREGON.

  (a) Definitions.--In this Act:
          (1) West butte road.--The term ``West Butte Road'' means the 
        unpaved Bureau of Land Management road in the State or Oregon 
        identified on the map as BLM Road 6520.
          (2) County.--The term ``County'' means each of Crook County 
        and Deschutes County in the State of Oregon.
          (3) Map.--The term ``map'' means the map entitled ``West 
        Butte Road Right of Way'' dated July 17, 2002.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Director of the Bureau of Land 
        Management.
  (b) Grant to Counties.--Notwithstanding any other Act, and subject to 
subsection (d), the Secretary shall grant to each County a right-of-way 
to the West Butte Road.
  (c) Boundaries.--
          (1) In general.--Subject to paragraph (2), the rights-of-way 
        granted under subsection (b) shall--
                  (A) extend in length from Reservoir Road in Crook 
                County to United States Route 20 in Deschutes County, 
                Oregon; and
                  (B) shall extend in width 100 feet on each side of 
                the centerline of West Butte Road.
          (2) Modifications.--
                  (A) State roads.--
                          (i) In general.--The Secretary shall amend 
                        the existing rights-of-way of each of the 
                        Counties as contained in their respective road 
                        case files to include the rights-of-way granted 
                        under subsection (b).
                          (ii) Effect.--The rights-of-way amended under 
                        clause (i) shall be subject to the common 
                        terms, conditions, and stipulations identified 
                        in the Counties' rights-of-way grants that 
                        apply on the date of enactment of this Act.
                          (iii) Consideration of environmental 
                        concerns.--Environmental concerns associated 
                        with any development of the West Butte Road 
                        shall be addressed by the County in meeting 
                        compliance requirements associated with State 
                        and Federal highway projects and the National 
                        Environmental Policy Act of 1969 as 
                        administered by the Federal Highway 
                        Administration.
                  (B) West butte road.--Notwithstanding any other Act, 
                the Secretary shall provide for adjustment to the 
                right-of-way width and alignment granted under 
                subsection (b) in portions of the West Butte Road 
                necessary for the road to meet applicable State and 
                Federal highway standards.
  (d) Relinquishment of Right-of-Way.--The right-of-way granted to each 
County under subsection (b) shall be contingent upon the Counties 
relinquishing any right, title, or interest in and to any RS 2477 
right-of-way claim held by the Counties to the portion of the road 
known as George Millican Road that is located in the area described in 
subsection (c)(1).

                          PURPOSE OF THE BILL

    The purpose of H.R. 4953 is to direct the Secretary of the 
Interior to grant to Deschutes and Crook Counties in the State 
of Oregon a right-of-way to West Butte Road.

                  BACKGROUND AND NEED FOR LEGISLATION

    Rapid population growth along the Bend-Redmond corridor in 
central Oregon has created a perpetual bottleneck on U.S. 
Highway 97, a major north-south highway. H.R. 4953 would 
authorize the exchange of rights-of-ways between Crook and 
Deschutes Counties and the Bureau of Land Management (BLM) to 
reduce the bottleneck by allowing the Counties to gain control 
of West Butte Road. The Counties would then relinquish control 
of George Millican Road (extending from Reservoir Road to U.S. 
Route 20) to the BLM. West Butte Road extends from Reservoir 
Road in Crook County to U.S. Route 20 in Deschutes County. The 
legislation would allow the Counties to make improvements to 
the West Butte Road, providing access to U.S. Highway 20, a 
major transportation route in central Oregon. Improvements to 
the road would provide an alternative route for trucks and 
other vehicles that now travel on a very busy and congested 
U.S. Highway 97. A recent survey conducted by the Oregon 
Department of Transportation estimated that 25 percent of the 
trucks that now pass through Bend from Highway 20 would use 
this alternative route.
    In the meantime, Crook County has an unemployment rate of 
10.6 percent due to the closure of several mills. The 
legislation would help to reduce the unemployment rate by 
allowing the County to provide a paved connection to Highway 
20, which would induce companies to relocate to Crook County 
because of the long-term viability of its transportation 
infrastructure. It would also deter companies from leaving due 
to the high transportation costs of traveling U.S. Highway 97.

                            COMMITTEE ACTION

    H.R. 4953 was introduced on June 17, 2002, by Congressman 
Greg Walden (R-OR). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation, and Public Lands. The Subcommittee 
held a hearing on the bill on July 16, 2002. On July 24, 2002, 
the Full Resources Committee met to consider the bill. The 
Subcommittee on National Parks, Recreation, and Public Lands 
was discharged from further consideration of the bill by 
unanimous consent. Congressman Walden offered an amendment in 
the nature of a substitute that made the following changes to 
the original text: (1) changed the map title and date; (2) 
clarified the boundaries of the West Butte Road right-of-way, 
and (3) added environmental requirements for any adjustment to 
the West Butte Road right-of-way. The amendment was adopted by 
unanimous consent. The bill as amended was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3 of the 
Constitution of the United States grants Congress the authority 
to enact this bill and the power of Congress over territory and 
other national property, respectively.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objective. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 30, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4953, a bill to 
direct the Secretary of the Interior to grant to Deschutes and 
Crook Counties in the state of Oregon a right-of-way to West 
Butte Road.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll (for federal costs), and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4953--A bill to direct the Secretary of the Interior to grant to 
        Deschutes and Crook Counties in the state of Oregon a right-of-
        way to West Butte Road

    CBO estimates that enacting H.R. 4953 would have no 
significant impact on the federal budget. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 4953 would direct the Secretary of the Interior to 
grant to Deschutes and Crook Counties, Oregon, rights-of-way to 
the West Butte Road, which was constructed in 1968 by the 
Bureau of Land Management (BLM) through lands owned by that 
agency. In exchange, those counties would relinquish right-of-
way interests in the George Millican Road, which passes through 
the same segment of federal land as the West Butte Road. 
According to BLM, the agency currently collects no fees for the 
affected rights-of-way, and exchanging them would not affect 
the agency's costs to manage the surrounding lands.
    H.R. 4953 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The right-of-way grant authorized by this bill would benefit 
the state of Oregon and the affected local governments in the 
state. Any costs that these governments would incur to meet the 
conditions of this grant would be voluntary.
    The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs), and Marjorie Miller (for the state and 
local impact). This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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