[Senate Report 108-238]
[From the U.S. Government Publishing Office]
Calendar No. 448
108th Congress Report
SENATE
2d Session 108-238
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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'').
* * * * * * *