[Senate Report 108-238]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 448
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-238
======================================================================

 
                 BEND PINE NURSERY LAND CONVEYANCE ACT

                                _______
                                

                 March 9, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1848]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1848) to amend the Bend Pine Nursery Land 
Conveyance Act to direct the Secretary of Agriculture to sell 
the Bend Pine Nursery Administrative Site in the State of 
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 out all after the enacting clause and insert in lieu 
thereof 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:
  ``(g) Bend Pine Nursery Conveyance.--
          ``(1) Conveyance to park and recreation district.--Upon 
        receipt of consideration in the amount of $3,503,676 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'. Subject to paragraph (2), 
        the real property conveyed to the Bend Metro Park and 
        Recreation District shall be used only for public 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 a use other 
        than public recreation, 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.
          ``(2) Reconveyance of portion to school district.--As soon as 
        practicable after the receipt by the Bend Metro Park and 
        Recreation District of the real property described in paragraph 
        (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 paragraph (1) and consisting of approximately 15 acres. The 
        deed of conveyance shall contain a covenant requiring that the 
        real property conveyed to the School District be used only for 
        public education purposes.''.
  (b) Conforming Amendment.--Section 4(a) of such Act is amended by 
striking ``section 3(a)'' and inserting ``section 3''.

                         Purpose of the Measure

    As ordered reported, the purpose of S. 1848 is to amend the 
Bend Pine Nursery Land Conveyance Act (Public Law 106-526), 
enacted in November 2000, to direct the sale of the Forest 
Service's Bend Pine Nursery to the community of Bend, Oregon, 
for use as a public park and recreation facility, and public 
school site.

                          Background and Need

    On November 11, 2000, the Bend Pine Nursery Land Conveyance 
Act was signed into law. That law authorized the Forest Service 
to sell the approximately 210-acre Bend Pine Nursery and other 
small parcels in Oregon, with the Bend Metro Parks and 
Recreation having the right of first refusal to purchase the 
property. When the Bend Pine Nursery Land Conveyance Act was 
enacted, it was anticipated that the sale would be completed 
within a year. At that time, the estimated fair market value of 
the property was approximately $3.5 million. However, because 
of delays resulting from the Forest Service's administrative 
processes, the property has not been conveyed, and recent 
appraisals have estimated the value at $5.8 million.
    The community has always been willing to pay for this 
property and continues to have a need to utilize the property 
for public recreation and a small part of the property for 
public education purposes.

                          Legislative History

    S. 1848 was introduced on November 11, 2003, by Senators 
Wyden and Smith. On November 18, 2003, the Subcommittee on 
Public Lands and Forests held a hearing on the bill. S. Hrg. 
108-321. The Senate Energy and Natural Resources Committee 
ordered the bill to be favorably reported on February 11, 2004 
with an amendment in the nature of a substitute.
    During the 107th Congress, Representative Greg Walden 
introduced a companion bill (H.R. 3505) which is similar to S. 
1848.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on February 11, 2004, by a unanimous vote 
of a quorum present recommends that the Senate pass S. 1848, if 
amended as described herein.
    The rollcall vote on reporting the measure was 23 yeas, 0 
nays.
        YEAS                          NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Alexander
Ms. Murkowski
Mr. Talent
Mr. Burns
Mr. Smith*
Mr. Bunning
Mr. Kyl*

Mr. Bingaman
Mr. Akaka
Mr. Dorgan*
Mr. Graham of Florida*
Mr. Wyden*
Mr. Johnson*
Ms. Landrieu*
Mr. Bayh*
Mrs. Feinstein*
Mr. Schumer*
Ms. Cantwell

    * Indicates vote by proxy.

                          Committee Amendment

    During the consideration of S. 1848, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
several clarifying and conforming changes and simplifies the 
conveyance procedure of the 15-acre parcel to be used for 
educational purposes. The amendment is described in detail in 
the section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1(a) amends section 3 of the Bend Pine Nursery Land 
Conveyance Act (Public Law 106-526; 114 Stat. 2512) to direct 
the Secretary of Agriculture to convey approximately 185 acres 
of land to the Bend Metro Park and Recreation District upon 
receipt of $3,503,676 from the District. The District is to 
reconvey 15 acres of the property to the Deschutes County, 
Oregon, Administrative School District No. 1 for no 
consideration.
    Section 1(b) makes a conforming amendment to the Act.

                   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, March 3, 2004.
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. 1848, a bill to 
amend the Bend Pine Nursery Land Conveyance Act to direct the 
Secretary of Agriculture to sell the Bend Pine Nursery 
Administrative Site in the state of Oregon.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                     Douglas Holtz-Eakin, Director.
    Enclosure.

S. 1848--A bill to amend the Bend Pine Nursery Land Conveyance Act to 
        direct the Secretary of Agriculture to sell the Bend Pine 
        Nursery Administrative Site in the state of Oregon

    Public Law 106-526 authorized the Secretary of Agriculture 
to sell certain lands within the Deschutes National Forest in 
Oregon. S. 1848 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 S. 1848, 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 S. 1848 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.
    S. 1848 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.
    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. 1848. 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. 1848.

                        Executive Communications

    On February 12, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth executive views on S. 1848. These reports had not been 
received at the time the report on S. 1848 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 Forest Service on S. 1848 
at the Subcommittee hearing follows:

Statement of Tom Thompson, Deputy Chief, National Forest System, Forest 
            Service, United States Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today. I would like to 
present the Department's views on H.R. 708, the Mendocino 
National Forest Land Exchange, S. 1167, to resolve boundary 
conflicts in Barry and Stone Counties, in the State of 
Missouri, and S. 1848, the Bend Pine Nursery Administrative 
Site Act. The Department supports H.R. 708, objects to S. 1167 
unless the bill is amended to address the concerns identified 
in my testimony, and would like to discuss a different 
alternative for S. 1848.

           *         *         *         *         *



           s. 1848--the bend pine nursery administrative site


    S. 1848 would amend the Bend Pine Nursery Land Conveyance 
Act (P.L. 106-526) to require the Secretary to offer to sell 
170 acres of the Bend Pine Nursery Administrative Site, on the 
Deschutes National Forest to the Bend Metro Park and Recreation 
District in Deschutes, County, Oregon for $3.5 million. 
Proceeds from this sale would be deposited in the fund 
established under Public Law 90-171 (16 U.S.C. 484a), commonly 
known as the Sisk Act. The funds would then be available to the 
Forest Service for the acquisition, construction, or 
improvement of administrative and visitor facilities and 
associated land in connection with the Deschutes National 
Forest in the Bend community, and the acquisition of lands and 
interests in lands in Oregon. The Forest Service has been 
working with the community of Bend, Oregon to implement P.L. 
106-526.
    S. 1848 would also direct the conveyance of 15 acres 
located in the northwest corner of the Bend Pine Nursery 
Administrative Site, for no consideration, to the 
Administrative School District, No. 1, Deschutes County, 
Oregon, in accordance with section 202 of the Education Land 
Grant Act (16 U.S.C. 479a).
    The Department believes a better approach would be for the 
170 acres to be appraised for recreational purposes. We would 
point out that the severing of the 15-acre tract for conveyance 
under the Education Land Grant Act to the Ben-La Pine School 
District may cause unintended delay, because additional survey 
work and analysis would be needed beyond what has already 
occurred. In lieu of this two-conveyance process, we suggest a 
single conveyance of the 185-acre tract, which has already been 
surveyed, to the District, with the requirement that the 
District then convey the 15-acre tract as envisioned in the 
legislation.
    This concludes my statement. I would be pleased to answer 
any questions that you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1848, as ordered 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):

                   Public Law 106-526, 106th Congress


 AN ACT To authorize the Secretary of Agriculture to sell or exchange 
 all or part of certain administrative sites and other National Forest 
 System land in the State of Oregon and use the proceeds derived from 
        the sale or exchange for National Forest System purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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 3.6acres, 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).]
    (f) Revocations.--
          (1) In general.--Any public land order withdrawing 
        land described in subsection (a) from all forms of 
        appropriation under the public land laws is revoked 
        with respect to any portion of the land conveyed by the 
        Secretary under this section.
          (2) Effective date.--The effective date of any 
        revocation under paragraph (1) shall be the date of the 
        patent or deed conveying the land.
    (g) Bend Pine Nursery Conveyance.--
          (1) Conveyance to park and recreation district.--Upon 
        receipt of consideration in the amount of $3,503, 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''. Subject to 
        paragraph (2), the real property conveyed to the Bend 
        Metro Park and Recreation District shall be used only 
        for public recreation purposes and maybe developed for 
        those purposes. If the Secretary determines that the 
        real property subject to this condition is converted, 
        in whole or in part, to a use other than public 
        recreation, 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.
          (2) Reconveyance of portion to school district.--As 
        soon as practicable after the receipt by the Bend Metro 
        Park and Recreation District of the real property 
        described in paragraph (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 paragraph (1) and consisting of 
        approximately 15 acres. The deed of conveyance shall 
        contain a covenant requiring that the real property 
        conveyed to the School District be used only for public 
        education 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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