[House Report 108-494]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-494

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   AMENDING THE BEND PINE NURSERY LAND CONVEYANCE ACT TO SPECIFY THE 
 RECIPIENTS AND CONSIDERATION FOR CONVEYANCE OF THE BEND PINE NURSERY, 
                         AND FOR OTHER PURPOSES

                                _______
                                

  May 17, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3505]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3505) to amend the Bend Pine Nursery Land Conveyance Act 
to specify the recipients and consideration for conveyance of 
the Bend Pine Nursery, and for other purposes, 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. MODIFICATION OF BEND PINE NURSERY LAND CONVEYANCE.

  (a) Designation of Recipients and Consideration.--Section 3 of the 
Bend Pine Nursery Land Conveyance Act (Public Law 106-526; 114 Stat. 
2512) is amended--
          (1) in subsection (a), by striking paragraph (1) and 
        redesignating paragraphs (2) through (7) as paragraphs (1) 
        through (6), respectively;
          (2) in subsection (e)--
                  (A) by striking ``this section'' both places it 
                appears and inserting ``subsection (a)'';
                  (B) in paragraph (1), by striking ``Subject to 
                paragraph (3), the'' and inserting ``The''; and
                  (C) by striking paragraph (3); and
          (3) by adding at the end the following new subsections:
  ``(g) Conveyance of Bend Pine Nursery.--
          ``(1) Conveyance to park and recreation district.--Upon 
        receipt of consideration in the amount of $3,505,676 from the 
        Bend Metro Park and Recreation District in Deschutes County, 
        Oregon, the Secretary shall convey to the Bend Metro Park and 
        Recreation District all right, title, and interest of the 
        United States in and to a parcel of real property consisting of 
        approximately 185 acres and containing the Bend Pine Nursery, 
        as depicted on the site plan map entitled `Bend Pine Nursery 
        Administrative Site, May 13, 1999'.
          ``(2) Use of conveyed property.--Subject to subsection (h), 
        the real property conveyed to the Bend Metro Park and 
        Recreation District under paragraph (1) shall be used only for 
        recreation purposes and may be developed for those purposes. If 
        the Secretary determines that the real property subject to this 
        condition is converted, in whole or in part, to non-
        recreational use, the Secretary shall require the Bend Metro 
        Park and Recreation District to pay to the United States an 
        amount equal to the fair market value of the property at the 
        time of conversion, less the consideration paid under this 
        paragraph.
  ``(h) Reconveyance of Portion of Bend Pine Nursery.--
          ``(1) Conveyance to school district.--As soon as practicable 
        after the receipt by the Bend Metro Park and Recreation 
        District of the real property described in subsection (g)(1), 
        the Bend Metro Park and Recreation District shall convey to the 
        Administrative School District No. 1, Deschutes County, Oregon, 
        without consideration, a parcel of real property located in the 
        northwest corner of the real property described in such 
        subsection and consisting of approximately 15 acres.
          ``(2) Use of conveyed property.--The deed of conveyance under 
        paragraph (1) shall contain a covenant requiring that the real 
        property conveyed to the School District be used only for 
        educational purposes.''.
  (b) Conforming Amendment.--Section 4(a) of such Act is amended by 
striking ``section 3(a)'' and inserting ``section 3''.

                          Purpose of the Bill

    The purpose of H.R. 3505 is to amend the Bend Pine Nursery 
Land Conveyance Act to specify the recipients and consideration 
for conveyance of the Bend Pine Nursery, and for other 
purposes.

                  Background and Need for Legislation

    H.R. 3505 would amend the Bend Pine Nursery Land Conveyance 
Act (Public Law 106-526) by directing the Secretary of 
Agriculture to convey to the Bend Metro Parks and Recreation 
District 210 acres of the Deschutes National Forest's Bend Pine 
Nursery for $3.5 million. In turn, Bend Metro would reconvey 15 
acres to the Deschutes County Administrative School District 
No. 1 to build an elementary school. If Bend Metro does not use 
the remaining conveyed lands for recreational purposes, 
additional compensation to the Secretary would be due based on 
its fair market value at the time of the conversion (minus the 
funds already paid). The original legislation authorized the 
Secretary to sell the Nursery (giving first rights of refusal 
to the Bend Metro) and utilize the funds received towards the 
construction of a new administrative/visitor center for the 
Deschutes National Forest. At the time Public Law 106-526 was 
enacted, the land to be conveyed was valued at $3.5 million. 
However, due to administrative delays, the nursery site has yet 
to be sold. H.R. 3505 would bring closure to an administrative 
process that has taken too long to complete by facilitating the 
sale of the nursery and allowing the Bend Metro to develop 
additional recreational opportunities for the residents of 
central Oregon. In addition, it will allow the construction of 
a much-needed elementary school in the fastest-growing part of 
the State of Oregon.

                            Committee Action

    H.R. 3505 was introduced on November 17, 2003, by 
Congressman Greg Walden (R-OR). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Forests and Forest Health. On February 12, 
2004, the Subcommittee held a hearing on the bill. On May 5, 
2004, the Full Resources Committee considered the bill. The 
Subcommittee was discharged from further consideration of the 
bill by unanimous consent. Mr. Walden offered an amendment in 
the nature of a substitute which reflected changes requested by 
the Department of Agriculture and required additional 
compensation to be paid to the Secretary if any of the conveyed 
land (other than the 15-acre parcel reconveyed to the school 
district) was not used for recreational purposes. The amendment 
was adopted by unanimous consent and the bill 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 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    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 tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would reduce offsetting receipts. 
However, ``[t]hose foregone receipts would be fully offset * * 
* by a corresponding decrease in direct spending for new 
facilities within the Deschutes National Forest.'' In addition, 
``CBO estimates that any resulting net change in direct 
spending would be negligible.''
    3. General Performance Goals and Objectives. 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, May 12, 2004.
Hon. Richard W. Pombo,
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. 3505, a bill to 
amend the Bend Pine Nursery Land Conveyance Act to specify the 
recipients and consideration for conveyance of the Bend Pine 
Nursery, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3505--A bill to amend the Bend Pine Nursery Land Conveyance Act to 
        specify the recipients and consideration for conveyance of the 
        Bend Pine Nursery, and for other purposes

    Public Law 106-526 authorized the Secretary of Agriculture 
to sell certain lands within the Deschutes National Forest in 
Oregon. H.R. 3505 would amend that law to require the Secretary 
to sell some of those lands to the Bend Metro Park and 
Recreation District for a specified price of $3.5 million. 
Under H.R. 3505, as under current law, the Secretary could 
spend proceeds from the sale to construct or improve facilities 
within the forest.
    Based on information from the Forest Service, CBO estimates 
that enacting H.R. 3505 would have no significant net impact on 
the federal budget. The bill would not affect revenues. 
According to the agency, the appraised value of the affected 
lands exceeds the sale price specified in the bill by between 
$500,000 and $1.5 million. Hence, we estimate that enacting 
this bill would reduce offsetting receipts (a credit against 
direct spending) from the sale. Those forgone receipts would be 
fully offset, however, by a corresponding decrease in direct 
spending for new facilities within the Deschutes National 
Forest. Based on information from the Forest Service about the 
likely timing of the proposed sale and subsequent spending, CBO 
estimates that any resulting net change in direct spending 
would be negligible.
    H.R. 3505 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 Bend Metro Park and 
Recreation District.
    On March 3, 2004, CBO transmitted a cost estimate for S. 
1848, similar legislation, as ordered reported by the Senate 
Committee on Energy and Natural Resources on February 11, 2004. 
H.R. 3505 and S. 1848 are very similar, and our cost estimates 
are the same.
    The CBO staff contact for this estimate is Megan Carroll. 
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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE deg.BEND PINE NURSERY LAND CONVEYANCE ACT

           *       *       *       *       *       *       *



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 Nursery, comprising 
        approximately 210 acres, as depicted on site plan map 
        entitled ``Bend Pine Nursery Administrative Site, May 
        13, 1999''.]
          [(2)] (1) 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)] (2) 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, 17, 20, and 21 consisting of 
        approximately 1,260 acres, as depicted on map entitled 
        ``Deschutes National Forest Isolated Parcels, January 
        1, 2000''.
          [(4)] (3) Tract D, Alsea Administrative Site, 
        consisting of approximately 24 acres, as depicted on 
        site plan map entitled ``Alsea Administrative Site, May 
        14, 1999''.
          [(5)] (4) 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''.
          [(6)] (5) Tract G, Dale Administrative Site, 
        consisting of approximately 37 acres, as depicted on 
        site plan map entitled ``Dale Compound, February 
        1999''.
          [(7)] (6) Tract H, Crescent Butte Site, consisting of 
        approximately .8 acres, as depicted on site plan map 
        entitled ``Crescent Butte Communication Site, January 
        1, 2000''.

           *       *       *       *       *       *       *

  (e) Solicitations of Offers.--
          (1) In general.--[Subject to paragraph (3), the] The 
        Secretary may solicit offers for sale or exchange of 
        land under [this section] subsection (a) on such terms 
        and conditions as the Secretary may prescribe.
          (2) Rejection of offers.--The Secretary may reject 
        any offer made under [this section] subsection (a) 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).]

           *       *       *       *       *       *       *

  (g) Conveyance of Bend Pine Nursery.--
          (1) Conveyance to park and recreation district.--Upon 
        receipt of consideration in the amount of $3,505,676 
        from the Bend Metro Park and Recreation District in 
        Deschutes County, Oregon, the Secretary shall convey to 
        the Bend Metro Park and Recreation District all right, 
        title, and interest of the United States in and to a 
        parcel of real property consisting of approximately 185 
        acres and containing the Bend Pine Nursery, as depicted 
        on the site plan map entitled ``Bend Pine Nursery 
        Administrative Site, May 13, 1999''.
          (2) Use of conveyed property.--Subject to subsection 
        (h), the real property conveyed to the Bend Metro Park 
        and Recreation District under paragraph (1) shall be 
        used only for recreation purposes and may be developed 
        for those purposes. If the Secretary determines that 
        the real property subject to this condition is 
        converted, in whole or in part, to non-recreational 
        use, the Secretary shall require the Bend Metro Park 
        and Recreation District to pay to the United States an 
        amount equal to the fair market value of the property 
        at the time of conversion, less the consideration paid 
        under this paragraph.
  (h) Reconveyance of Portion of Bend Pine Nursery.--
          (1) Conveyance to school district.--As soon as 
        practicable after the receipt by the Bend Metro Park 
        and Recreation District of the real property described 
        in subsection (g)(1), the Bend Metro Park and 
        Recreation District shall convey to the Administrative 
        School District No. 1, Deschutes County, Oregon, 
        without consideration, a parcel of real property 
        located in the northwest corner of the real property 
        described in such subsection and consisting of 
        approximately 15 acres.
          (2) Use of conveyed property.--The deed of conveyance 
        under paragraph (1) shall contain a covenant requiring 
        that the real property conveyed to the School District 
        be used only for educational purposes.

SEC. 4. DISPOSITION OF FUNDS.

  (a) Deposit of Proceeds.--The Secretary shall deposit the 
proceeds of a sale or exchange under [section 3(a)] section 3 
in the fund established under Public Law 90-171 (16 U.S.C. 
484a) (commonly known as the ``Sisk Act'').

           *       *       *       *       *       *       *


                                  
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