[Senate Report 107-277]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 596
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-277

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                  DESCHUTES AND CROOK COUNTIES, OREGON

                                _______
                                

               September 12, 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. 2482 ]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2482) 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, 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. 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 of 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.--Effective on the date the Secretary has 
received from a county notice that the county relinquishes any right in 
and to a right-of-way under section 2477 of the Revised Statutes (43 
U.S.C. 932 note) by such county to the portion of the road known as 
George Millican Road that is located in the area described in 
subsection (c)(1), such county is granted a right-of-way to the West 
Butte Road located within such county by operation of law, subject only 
to the common terms, conditions, and stipulations identified in the 
county's rights-of-way grants that apply on the date of enactment of 
this Act.
    (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.--The Secretary shall modify the 
                existing rights-of-way of each of the counties as 
                contained in its respective road case file to include 
                the rights-of-way granted under subsection (b).
                  (B) West butte road.--The Secretary shall adjust the 
                right-of-way width and alignment granted under 
                subsection (b) in portions of the West Butte Road as 
                necessary to meet applicable State and Federal highway 
                standards.

                                PURPOSE

    The purpose of S. 2482 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 upon the 
relinquishment by the counties of rights-of-way claims to the 
nearby George Millican Road.

                          BACKGROUND AND NEED

    The community of Prineville, in Crook County, Oregon, 
proposes construction of a paved road to connect the community 
with U.S. Highway 20 to provide an alternative route for both 
passenger and commercial traffic traveling between Portland, 
Oregon and Boise, Idaho. The proposed paved road would also 
assist Prineville industry by routing traffic towards the 
Prineville/Crook County Industrial Parks, which have been 
reserved with the intent of improving industrial 
diversification within the county.
    Environmental benefits would also result from enactment of 
this legislation. The proposed road would traverse flat desert 
and reclaim an old highway straightaway. In contrast, improving 
the current roadway to accommodate traffic would likely result 
in damage to the nearby Crooked River and riparian zones. 
Traffic congestion would also be reduced on the overcrowded 
highway 97 as it passes through Bend and Redmond, Oregon.
    The proposed right-of-way is currently being considered by 
the BLM on the basis of revision to its existing Upper 
Deschutes Resource Management Plan. BLM's decision will entail 
an extensive process and involve significant delays, possibly 
as much as four to six years.
    Enactment of S. 2482 will facilitate the transfer of the 
West Butte Road right-of-way to expedite construction of the 
new road.

                          LEGISLATIVE HISTORY

    S. 2482 was introduced by Senator Wyden on May 8, 2002. 
Senator Smith of Oregon was added as a cosponsor on June 17, 
2002. The Subcommittee on Public Lands and Forests held a 
hearing on S. 2482 on June 18, 2002. At the business meeting on 
July 31, 2002, the Committee on Energy and Natural Resources 
ordered S. 2482, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 31, 2002, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2482, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 2482, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
corrects references to the applicable maps and made other 
clarifying changes.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 (a) defines key terms.
    Subsection (b) requires the Secretary of the Interior to 
grant to Crook County and Deschutes County a right-of-way to 
the West Butte Road, effective on the date the Secretary 
receives notice from each country that it is relinquishing any 
R.S. 2477 rights-of-way claim to the George Millican Road.
    Subsection (c) requires the Secretary to adjust the 
boundaries of the right-of-way to meet approved standards 
applicable to an improved road.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 7, 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. 2482, 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.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 2482--A bill to direct the Secretary of the Interior to grant to 
        Deschutes and Crook Counties in the state or Oregon a right-of-
        way to West Butte Road

    CBO estimates that enacting S. 2482 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.
    S. 2482 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.
    S. 2482 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 authorizes 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.
    On July 30, 2002, CBO transmitted a cost estimate for H.R. 
4853, similar legislation, as ordered reported by the House 
Committee on Resources on July 24, 2002. The two bills are 
substantively similar, and our cost estimates are the same.
    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.

                      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. 2482. 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. 2482, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The pertinent legislative report received by the Committee 
from the Department of the Interior setting forth Executive 
agency recommendations relating to S. 2482 is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, June 25, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on S. 2482, 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.'' The bill also provides for the relinquishment of right-
of-way interests in the George Millican Road (or ``Old Millican 
Road'').
    The Department supports the goal of S. 2482, to grant the 
right-of-way to the Oregon counties, but we would like to work 
with the Committee on amendments to the bill to provide for a 
process that would include community involvement in addressing 
issues related to conflicts with recreational uses and wildlife 
concerns in the area.
    The population of central Oregon has been expanding 
rapidly, and for Crook County, Oregon, one of the integral 
components to this growth is the West Butte Road. The Bureau of 
Land Management (BLM) constructed the West Butte Road in 1968. 
It is a fairly straight road, approximately 14 miles in length 
that has become the preferred route from Four Corners to 
Highway 20. Crook County has maintained it for several years 
under a cooperative maintenance agreement with the BLM. 
Deschutes County sees this road as a means of relieving some of 
the traffic burden from Highway 97 in the ever-growing Bend and 
Redmond communities.
    In 1968, the State of Oregon designated Highway 27, 
currently located further to the east near Prineville 
Reservoir, as a State Highway with the understanding that a new 
route for the road would be created. It was recognized that the 
current alignment of Highway 27--the only State Highway in 
Oregon that still has unpaved portions--could not be improved 
for economic reasons and physical limitations. Later, both 
State and Federal agencies recognized the natural values of the 
Crook River Canyon, which further reduced the desirability of 
upgrading Highway 27 in its current location. Ultimately, West 
Butte Road became the most likely replacement route for Highway 
27.
    The George Millican Road, meanwhile, extends from 
Prineville to Lakeview and was recognized in 1915 by Crook 
County as a country road. The northern segment of the road was 
converted to a right-of-way in 1991 and is no longer a concern 
to the counties. However, the southern segment of road from 
Four Corners south to Highway 20, near the town of Millican 
continues to be an area of concern. The route is a single lane, 
unimproved road that occupies the original 1915 alignment. 
Currently, the BLM has several rights-of-way over this segment 
of the George Millican Road.
    Over the last three years, the BLM has been working with 
Crook and Deschutes Counties, the Oregon Department of 
Transportation, and Oregon Department of Fish and Wildlife 
identifying suitable alternatives to State Highway 27. One of 
the more suitable alternative routes that has been considered 
is the combined route known as the Millican and West Butte 
Road. The BLM's 1989 Resource Management Plan for Prineville 
failed to anticipate issues related to the rapidly growing 
human population in Bend, Redmond, Prineville, and surrounding 
areas. This combination of changing circumstances and new 
information has created a need to revise the existing Resource 
Management Plan. The Upper Deschutes Resource Management Plan 
is currently being prepared to address these issues, 
particularly the need to resolve a number of transportation 
problems including the West Butte Road. Recognizing the 
importance of these issues, the BLM has made the Upper 
Deschutes Resource Management Plan a priority and put it on a 
fast track, with a final Record of Decision planned for the 
Winter of 2004.
    Through this process we have agreed to consider and analyze 
alternative corridors to determine the route that would be most 
suitable for future use as a State Highway. Following 
completion of the Upper Deschutes Resource Management Plan, the 
BLM would be able to issue a decision on the right-of-way, and 
assuming a favorable decision for the right-of-way, determine 
the final alignment of the road, and also determine any 
mitigation measures for road design.
    It is important to note that the Upper Deschutes Resource 
Management Plan provides intensive public and governmental 
collaboration. It utilizes a community-based collaborative 
process that helps solve important problems facing long-term 
management of the public lands within the planning area. It is 
a process that is deliberative and open to all. Accordingly, 
the BLM is using ``Issue Teams'' to focus on specific planning 
issues. Chartered by the Deschutes Provincial Advisory 
Committee, the Teams are composed of representatives of the 
general public, specific interest groups, permit holders, other 
stakeholders and relevant government agencies, including Crook 
and Deschutes Counties. Team members have been meeting since 
the Fall of 2001 and the majority of their work will involve 
review of public comments on the Draft Environmental Impact 
Statement for the Resource Management Plan near the end of 2002 
or the beginning of 2003.
    Finally, the transportation analysis component of the Upper 
Deschutes Resource Management Plan could begin as early as 
January of 2003, and be completed after the Record of Decision 
on the Resource Management Plan is signed in the Winter of 
2004.
    The Department of the Interior supports the goal of S. 2482 
however, the Department believes the legislation would cut 
short the process currently underway to provide for greater 
community involvement in addressing issues related to final 
location and design of the West Butte Road. The Upper Deschutes 
Resource Management Planning process provides an appropriate 
vehicle for addressing and resolving this issue. The bill as 
currently drafted does not address the important issues under 
consideration in the Upper Deschutes Resource Management 
Planning process.
    With regard to Off-Highway Vehicle recreation use, the 
current West Butte Road splits the Millican Off-Highway Vehicle 
recreational use area down the middle and further development 
of the West Butte Road could create safety conflicts and limit 
these recreation uses in the area. The Millican Off-Highway 
Vehicle trail system is one of the most popular in the state, 
and represents a significant financial investment by the State 
Off-Highway Vehicle Committee, attracting riders state-wide. 
Off-Highway Vehicle use in BLM's Resource Management Plan is an 
important issue, and the BLM is currently determining, on a 
broad-scale, how and where these Off-Highway Vehicle 
recreational uses will continue in the future. There is no 
provision in the legislation that provides for mitigation 
measures to provide for the safety of Off-Highway Vehicle users 
and ensure that the recreation impacts of future development of 
the West Butte Road are minimized.
    Another outstanding concern is the issue of wildlife in the 
West Butte Road corridor. Currently, the West Butte Road falls 
on the fringe of fragile Sage Grouse habitat and within mule 
deer winter range. The Sage Grouse populations have declined in 
this area due to a number of factors, including human 
disturbances. There are nesting populations that as currently 
written, does not provide for a way to address the potential 
impacts of the development of the West Butte Road on the Sage 
Grouse and mule deer populations.
    Finally, the establishment of a State Highway in the West 
Butte Road corridor may also increase the potential for 
development of private lands that would be more easily accessed 
by an improved road, and these potential future development 
issues also should be considered.
    The Department of the Interior looks forward to working 
with the Committee to help address these issues in a meaningful 
way that will meet Central Oregon's transportation needs.
    The Office of Management and Budget has advised that there 
is no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                         Rebecca W. Watson,
              Assistant Secretary for Land and Minerals Management.

                        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. 2482, as 
ordered reported.

                                
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