[Senate Report 107-197]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 474
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-197

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           CONVEY CERTAIN LAND TO THE CITY OF HAINES, OREGON

                                _______
                                

                 June 28, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1907]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1907) to direct the Secretary of the 
Interior to convey certain land to the city of Haines, Oregon, 
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 page 2, lines 4-6 in their entirety and insert the 
following:
    ``as indicated on the map entitled `S. 1907: Conveyance to 
the City of Haines, Oregon' and dated May 9, 2002.''

                                PURPOSE

    The purpose of S. 1907 is to direct the Secretary of the 
Interior to convey certain land to the city of Haines, Oregon.

                          BACKGROUND AND NEED

    S. 1907 would solve a problem with management of the 
Haines, Oregon landfill. The Oregon Department of Environmental 
Quality requires the city of Haines to prepare a closure plan 
in order to have its landfill relicensed in 2007. One 
requirement of the closure plan is coverage of the site with 
three feet of topsoil.
    Given the lack of topsoil available to the city of Haines 
on its own landfill property, the city must seek large 
quantities of topsoil off-site. This soil and its transport are 
estimated to cost $125,000, which Haines cannot afford. As a 
result, the city has been looking for other options in order to 
prepare the required closure plan for its landfill.
    The Bureau of Land Management has a 40-acre parcel 
immediately adjacent to the Haines landfill site which the 
agency has identified as surplus and has included in its land 
exchange inventory. This property offers Haines the topsoil 
that it needs, and eliminates a significant transportation 
cost.
    S 1907 would transfer the ownership of this parcel to the 
city of Haines, in order to enable the city to comply with 
State of Oregon regulatory requirements for the relicensing of 
its landfill in 2007.

                          LEGISLATIVE HISTORY

    S. 1907 was introduced by Senator Gordon Smith and Senator 
Wyden on January 29, 2002. The Subcommittee on Public Lands and 
Forests held a hearing on S. 1907 on May 9, 2002. The Committee 
on Energy and Natural Resources considered S. 1907 and adopted 
an amendment to it at its business meeting on May 15, 2002. The 
Committee ordered the bill as amended favorably reported at its 
business meeting on June 5, 2002.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1907, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1907, the Committee on 
Energy and Natural Resources adopted an amendment which changes 
the reference to an outdated map and replaces it with a 
reference to an updated map.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 directs the Secretary of the Interior to convey 
all right, title, and interest in approximately 40 acres of 
Bureau of Land Management land to the city of Haines, Oregon 
without consideration.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 12, 2002.
Hon. Jeff. Bingaman,
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. 1907, a bill to 
direct the Secretary of the Interior to convey certain land to 
the city of Haines, Oregon.
    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. 1907--A bill to direct the Secretary of the Interior to convey 
        certain land to the city of Haines, Oregon

    CBO estimates that enacting S. 1907 would not significantly 
affect the federal budget. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. S. 1907 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. Enacting this legislation would benefit the city 
of Haines by allowing them to acquire needed land at no cost.
    S. 1907 would direct the Secretary of the Interior to 
convey to the city of Haines, Oregon, without consideration, 
approximately 40 acres of federal lands located within that 
state. According to the Bureau of Land Management, the lands to 
be conveyed currently generate no receipts and are not expected 
to over the next 10 years. Hence, we estimate that the proposed 
conveyance would not affect the federal budget.
    The CBO staff contact for this estimate is Megan Carroll. 
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. 1907. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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. 1907.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Bureau of Land Management at 
the Subcommittee hearing follows:

   Statement of Larry Finfer, Assistant Director For Communications, 
                       Bureau of Land Management

    Thank you for the opportunity to testify on S. 1907 to 
convey a parcel of land to the city of Haines, Oregon. The 
Department of the Interior supports S. 1907 and would like the 
opportunity to work with the sponsors of the bills and the 
Committee on minor and technical amendments.
    S. 1907 directs the Secretary of the Interior to convey, 
without payment, to the City of Haines, Oregon a 40 acre parcel 
of land adjacent to the Haines, Oregon landfill. The intent of 
the legislation is to provide Haines with a source of topsoil 
as cover material for the landfill and allow for its closure, 
the BLM supports the bill.
    This 40 acre parcel of BLM land has been identified for 
disposal by the BLM in the June 1998 Northeast Oregon Assembled 
Land Exchange final environmental impact statement. The 40 acre 
site is immediately adjacent to the Haines landfill and is 
largely isolated. Under current law, the BLM would be required 
to charge full market value, and therefore the legislation is 
needed. The BLM believes that this is a worthwhile proposal 
which allows the BLM to be a good neighbor.
    In order to make this conveyance as smooth as possible, we 
would like the opportunity to work with Senators Smith and 
Wyden and the Committee on a technical amendment to address 
speedy transfer of the lands. In addition, in order to avoid 
any confusion over the exact parcel of land to be transferred, 
we request that the legislation be modified at markup to 
reference a new map created to specifically address this 
transfer. We believe that this will reduce confusion and assure 
proper transfer of the intended parcel to the City of Haines, 
Oregon.
Conclusion
    Thank you for the opportunity to testify. I am happy to 
answer any questions the members of the Committee may have.


                        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. 1907, as ordered 
reported.

                                  
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