[Senate Report 108-135]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 259
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-135
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                     LAND IN DOUGLAS COUNTY, OREGON

                                _______
                                

                August 26, 2003.--Ordered to be printed

     Filed, under authority of the order of the Senate of July 29 
                    (legislative day, July 21), 2003

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 714]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 714) to provide for the conveyance of a 
small parcel of Bureau of Land Management land in Douglas 
County, Oregon, to the county to improve management of and 
recreational access to the Oregon Dunes National Recreation 
Area, and for other purposes, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 1, line 7, insert ``and subject to valid 
existing rights'' after ``consideration''.
    2. On page 2, strike lines 5 through 11 and insert the 
following:

          (2) Parcel.--The parcel referred to in paragraph (1) 
        is the parcel of land consisting of approximately 68.8 
        acres under the administrative jurisdiction of the 
        Bureau of Land Management, as generally depicted on the 
        map entitled ``S. 714, Douglas County, Oregon Land 
        Conveyance'', dated May 21, 2003.

    3. Beginning on page 2, strike line 24 and all that follows 
through page 3, line 13.
    4. On page 3, line 14, strike ``(d)'' and insert ``(c)''.
    5. On page 3, line 20, strike ``(e)'' and insert ``(d)''.

                                PURPOSE

    The purpose of S. 714 is to provide for the conveyance of 
approximately 68.8 acres of Bureau of Land Management land in 
Douglas County, Oregon, to the county to improve management of 
and recreational access to the Oregon Dunes National Recreation 
Area.

                          BACKGROUND AND NEED

    S. 714 would authorize the Secretary of the Interior to 
convey without cost to Douglas County, Oregon all right, title, 
and interest to 68.8 acres of property currently under the 
management of the Bureau of Land Management (BLM). Douglas 
County would then be permitted to use the land, located just 
south of the Umpqua River in Winchester Bay, for recreational 
purposes.
    Salmon Harbor Drive (County Road No. 251) runs through 
Douglas County and is connected to Ziolkouski Beach. Off-
highway vehicles drivers unload their vehicles on Salmon Harbor 
Drive and drive them through Ziolkouski Beach to Oregon Dunes 
National Recreational Area. These actions create a safety 
hazard on the main road and cause considerable noise.
    The intended effect of transferring the BLM land is to move 
recreational traffic off Salmon Harbor Drive and out of the 
nearby communities. The conveyance also will allow the county 
to establish a staging area for off-highway vehicles and 
provides improved access to the Oregon Dunes for other 
visitors, such as hikers and backpackers.

                          LEGISLATIVE HISTORY

    S. 714 was introduced by Senator Wyden on March 26, 2003 
and is cosponsored by Senator Smith. The Subcommittee on Public 
Lands and Forests held a hearing on S. 714 on June 4, 2003. At 
its business meeting on July 23, 2003, the Committee on Energy 
and Natural Resources ordered S. 714, as amended, favorably 
reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 23, 2003, by a voice vote of quorum 
present, recommends that the Senate pass S. 714, if amended as 
described herein.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 714, the Committee adopted 
five amendments. Amendment No. 1 clarifies that the conveyance 
is subject to valid existing rights. Amendment No. 2 updates 
the map reference. Amendment No. 3 removes, at the request of 
the Department of the Interior, the requirement that the land 
revert back to the United States if used for other than 
recreation purposes. Amendments 4 and 5 are conforming 
amendments.

                      SECTION-BY-SECTION ANALYSIS

    S. 714 directs the Secretary of the Interior to convey, 
subject to valid existing rights, 68.8 acres of lands 
administered by the Bureau of Land Management in Douglas 
County, Oregon, to the county, without consideration, for 
recreational purposes (specifically, to improve public safety, 
reduce traffic congestion along Salmon Harbor Drive, provide a 
staging area for offhighway vehicles, and facilitate policing 
of unlawful camping and parking along Salmon Harbor Drive and 
adjacent areas). The Secretary may require such additional 
terms and conditions as the Secretary considers appropriate to 
protect the interests of the United States.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 1, 2003.
Hon. Pete V. Domenici,
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. 714, a bill to 
provide for the conveyance of a small parcel of Bureau of Land 
Management land in Douglas County, Oregon, to the county to 
improve management of and recreational access to the Oregon 
Dunes National Recreation Area, and for other purposes.
    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,
                                         Robert A. Sunshine
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 714--A bill to provide for the conveyance of a small parcel of 
        Bureau of Land Management land in Douglas County, Oregon, to 
        the county to improve management of and recreational access to 
        the Oregon Dunes National Recreation Area, and for other 
        purposes

    CBO estimates that enacting S. 714 would have no 
significant effect on the federal budget. The bill would direct 
the Secretary of the Interior to convey, without consideration, 
68.8 acres of federal land to Douglas County, Oregon. The 
county would use that land for recreational purposes. According 
to the Bureau of Land Management, the parcel to be conveyed 
currently does not generate significant receipts and is not 
expected to do so over the next 10 years. Hence, we estimate 
that enacting S. 714 would not significantly affect direct 
spending or revenues. We also estimate that the agency's 
administrative costs to complete the proposed conveyance would 
be negligible.
    H.R. 714 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. 
This conveyance would be voluntary on the part of Douglas 
County, as would any costs incurred by the county to comply 
with the conditions established by the bill.
    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. 714. 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. 714, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On July 28, 2003, the committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 714. These reports 
had not been received at the time the report on S. 714 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 Bureau 
of Land Management at the subcommittee hearing follows:

  Statement of Jim Hughes, Deputy Director, Bureau of Land Management

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the position of the Department of 
the Interior on S. 714. This bill would provide for the 
conveyance of a 68-acre parcel of public domain land in Douglas 
County, Oregon, to the county in order to improve management of 
and recreational access to the Oregon Dunes National Recreation 
Area.
    The Department of the Interior supports the goals of S. 
714, but would like to work with the Subcommittee on certain 
changes to the bill.
    Currently, the Bureau of Land Management's (BLM) Coos Bay 
District administers this land, which is located just south of 
where the Umpqua River empties into the Pacific Ocean, near 
Winchester Bay, in Douglas County, Oregon. The land is bordered 
on the west by public lands withdrawn for the U.S. Army Corps 
of Engineers and on the south, by the Umpqua Lighthouse State 
Park and various private lands. The Umpqua Lighthouse State 
Park is located less than a mile from the Salmon Harbor on 
Winchester Bay, and the lighthouse and adjacent museum are 
operated and maintained by the Douglas County Parks Department 
and the U.S. Coast Guard. There is no other BLM-managed land in 
the vicinity.
    The 68.8-acre tract to be conveyed under S. 714 is isolated 
and difficult for the BLM to manage. It was identified in the 
Coos Bay District's 1995 Resource Management Plan as suitable 
for disposal.
    Off-highway vehicle riders use this parcel for access to 
the Oregon Dunes National Recreation Area because it is one of 
the few free access points to the Area. Recreational access 
across this tract to the Oregon Dunes National Recreation Area 
can be managed more appropriately by Douglas County.
    However, consistent with longstanding practice, we believe 
that the government should receive market value for the land 
being transferred out of public ownership. We would also like 
the opportunity to work with the Subcommittee to address 
technical issues including: clarifications to the reversionary 
clause, acknowledgment of existing rights-of-way, and 
corrections to the map referred to section 1(a).
    Mr. Chairman, this concludes my testimony. I would be 
pleased to answer any questions.

                        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. 714, as ordered 
reported.

                                
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