[Senate Report 109-306]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 549
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-306

======================================================================



 
                       EUGENE LAND CONVEYANCE ACT

                                _______
                                

                 July 31, 2006.--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. 2150]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2150) to direct the Secretary of Interior 
to convey certain Bureau of Land Management land to the City of 
Eugene, Oregon, 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 2, lines 4 and 5, strike ``Not later than 60 
days after the date of enactment of this Act'' and insert 
``Except as provided in subsection (c)''.
    2. On page 2, strike lines 14 through 25 and insert the 
following:
          ``(1) In general.--The land referred to in subsection 
        9a) is the parcel of approximately 12 acres of land 
        under the administrative jurisdiction of the Bureau of 
        Land Management in Lane County, Oregon, as depicted on 
        the map entitled ``West Eugene Wetlands Land Transfer'' 
        and dated April 11, 2005.
          ``(2) Survey.--
                  ``(A) In general.--The legal description of 
                the land described in paragraph (1) may be 
                based on the survey of the land completed in 
                1979.''.
    3. On page 3, line 12, insert ``, at the discretion of the 
Secretary,'' before ``revert''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 2150 is to direct the Secretary of the 
Interior to convey 12 acres of land administered by the Bureau 
of Land Management to the city of Eugene, Oregon.

                          BACKGROUND AND NEED

    S. 2150 authorizes the transfer of 12 acres from the Bureau 
of Land Management (BLM) to the city of Eugene for the purpose 
of constructing the West Eugene Environmental Education Center 
(WEEEC). The WEEEC is a planned campus that will eventually 
hold laboratories, greenhouses, a reference library, and public 
gathering places including an exhibit hall, auditorium, and 
three classrooms that will serve the 2,200 acre West Eugene 
Wetlands.
    The WEEEC was established through the West Eugene Wetland 
Partnership. The Partnership is made up of the BLM, Eugene 
School Districts, Northwest Youth Corp, and the Willamette 
Resources and Educational Network.
    The development of the education center will be the 
culmination of over a decade of work on the part of local 
residents to preserve the West Eugene Wetlands. The BLM has 
used $12 million of LWCF land acquisition to purchase over 
1,400 acres of wetlands for the purpose of consolidating the 
land base for the center.
    The parcel to be conveyed under S. 2150 was acquired by the 
BLM in 1979 with Oregon and California Lands Act (O&C) 
appropriated funds. The BLM originally planned to build its 
Eugene District Office on the parcel, but because much of the 
site is occupied by wetlands, a different location was 
ultimately selected for the office. A parcel such as this would 
typically be conveyed under the authority of the Recreation and 
Public Purpose Act (R&PP) (43 USC 869 et seq.). However, 
because the parcel was purchased with O&C funds, the R&PP Act 
does not apply and legislation is necessary to transfer the 
property.

                          LEGISLATIVE HISTORY

    S. 2150 was introduced on December 20, 2005, by Senators 
Wyden and Smith. The Subcommittee on Public Lands and Forests 
held a hearing on S. 2150 on March 29, 2006. At the business 
meeting on May 24, 2006, the Committee on Energy and Natural 
Resources ordered S. 2150 favorably, reported with amendments.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 24, 2006, by a unanimous voice vote of 
a quorum present recommends that the Senate pass S. 2150, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 2150, the Committee adopted 
three amendments. Amendment No. 1 removes a time requirement to 
complete the conveyance. Amendment No. 2 corrects the map 
reference and establishes that an existing 1979 survey may 
serve as a basis for the legal description of the land to be 
conveyed. Amendment No. 3 provides discretion for the Secretary 
on imposing the reversionary clause.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2 provides the short title and defines key 
terms.
    Section 3(a) directs the Secretary of the Interior to 
convey land to the city of Eugene, Oregon for the purposes of 
establishing a wildlife viewing area and an environmental 
education center.
    Subsection (b) describes the land to be conveyed and 
specifies that an existing 1979 survey is adequate for the 
purposes of the conveyance.
    Subsection (c) provides that the parcel shall revert back 
to the United States (at the discretion of the Secretary of the 
Interior) if it is not being used for the purpose specified in 
the bill.
    Subsection (d) authorizes the Secretary of the Interior to 
include other additional terms and conditions as the Secretary 
determines to be appropriate to protect the interests of the 
United States.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 2150--Eugene Land Conveyance Act

    S. 2150 would direct the Secretary of the Interior to 
convey certain property in Oregon to the city of Eugene. CBO 
estimates that enacting S. 2150 would have no significant 
impact on the federal budget and would not affect revenues or 
direct spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on budgets on state, local, or tribal 
governments. Enacting this legislation would benefit the city 
of Eugene.
    Under S. 2150, the Bureau of Land Management (BLM) would 
convey to Eugene, Oregon, for no consideration, about 12 acres 
of land in Lane County. Based on information provided by BLM, 
we estimate that the administrative costs of completing the 
conveyance would not be significant. Also, the land to be 
conveyed under S. 2150 generates no offsetting receipts that 
would be forgone if the bill is enacted.
    The CBO staff contact for this estimate is Deborah Reis. 
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. 2150. 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. 2150.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration that were included in 
testimony provided by the Department of the Interior at the 
Subcommittee hearing follows:

    Statement of Lawrence E. Benna, Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Mr. Chairman, thank you for the opportunity to testify. The 
Bureau of Land Management (BLM) manages 261.8 million acres of 
surface land primarily in 12 western states. As the Nation's 
largest Federal land manager, the BLM administers the public 
lands for a wide range of multiple uses including energy 
production, outdoor recreation, livestock grazing, and by 
conserving natural, historical, cultural, and other resources. 
The Federal Land Policy and Management Act (FLPMA) directs the 
BLM to make decisions about the appropriate use of the public 
lands through the development of resource management plans 
using a collaborative public process.
    FLPMA allows the BLM to convey lands out of public 
ownership if, for example, they have been identified for 
disposal through the BLM land use planning process in order to 
serve important public objectives, such as community expansion 
and economic development. In partnering with local communities 
across the West, we understand their needs and are supportive 
of efforts that ensure a balanced approach to local land use 
management. As a matter of both policy and practice, the BLM 
generally requires receipt of fair market value for any public 
lands transferred out of public ownership. This serves to 
ensure that taxpayers are fairly compensated for the removal of 
public lands from Federal ownership while also supporting local 
communities.
    The various BLM-related bills before the Subcommittee today 
cover a wide range of Federal land issues, but at their core 
all are intended to support the needs of local communities. I 
will discuss each bill individually.


                  S. 2150. EUGENE LAND CONVEYANCE ACT


    S. 2150, the Eugene Land Conveyance Act, directs the 
Secretary of the Interior to convey to the City of Eugene, 
Oregon, without consideration and subject to valid existing 
rights, a parcel of approximately 12 acres currently under the 
administrative jurisdiction of the BLM for the purposes of 
constructing an environmental education center and establishing 
a wildlife viewing area. The BLM supports the conveyance 
authorized by S. 2150; however, we have some concerns and would 
appreciate the opportunity to work with the sponsor and the 
Committee on minor technical amendments.
    The parcel to be conveyed under S. 2150 is located within 
the city limits of Eugene, Oregon. The BLM purchased the parcel 
on September 21, 1979, with $510,000 of Oregon and California 
Lands Act (O&C) appropriated funds. The BLM originally planned 
to build its Eugene District Office on the parcel; however, 
about half the site was determined to be occupied by wetlands, 
and the Eugene office was built at another location. We have 
not had the site appraised since the original purchase.
    If the parcel to be conveyed under S. 2150 were public 
domain land, the BLM could convey it under the authority of the 
Recreation and Public Purposes (R&PP) Act (43 U.S.C. 869 et 
seq.). However, because the BLM purchased the parcel with O&C 
funds, it is designated as ``Revested O&C Railroad Grant 
Lands'', and the R&PP Act does not apply.
    An old ranch house located on the parcel, known as the 
``Red House'', was converted for office use and currently hosts 
employees and volunteers associated with the West Eugene 
Wetlands (WEW) Partnership. The WEW Partnership includes the 
BLM, the City of Eugene, The Nature Conservancy, the U.S. Army 
Corps of Engineers, the Oregon Youth Conservation Corps, the 
U.S. Fish and Wildlife Service, the McKenzie River Trust, and 
the Willamette Resources and Educational Network (WREN). The 
WEW Partnership (primarily the City of Eugene and The Nature 
Conservancy) have worked to leverage Federal dollars to reach 
nearly $4.5 million for acquisition and management of the 
wetlands.
    In addition, the Eugene 4J School District and the Bethel 
School District joined with the WEW Partnership to form the WEW 
Education Center Partnership. This group is working to build 
the Wetlands Education Center on the parcel to be conveyed 
under S. 2150. The wetlands education program has secured 
funding from a wide variety of public and private sources, 
including the U.S. Department of Education, the City of Eugene, 
the Eugene 4J School District, the Environmental Protection 
Agency, the Oregon Watershed Enhancement Board, the Collins 
Foundation, and private donations. The Education Center will 
contain the Rachel Carson Center for Natural Resources (a 4J 
High School), the Northwest Youth Corps, laboratories and green 
houses, visiting classrooms and office space for WEW 
Partnership staff. In May 2002, voters in Eugene approved a 
school bond that included the first installment for 
construction of the Rachel Carson Center for Natural Resources.
    The following are concerns we would like to address through 
technical amendments:
     Survey: The BLM has a survey from its purchase of 
the property in 1979 that is adequate to support the BLM's 
issuing a Quit Claim Deed to the City of Eugene. If this meets 
the sponsor's intentions, Section 3(b)(1) should be amended to 
state ``12.36 acres,'' and the ``Survey'' in section 3(b)(2) 
should refer to the existing survey from the 1979 acquisition.
     Reversion: We urge that Section 3(c) be amended to 
make reversion at the Secretary's discretion.

                        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. 2150, as 
ordered reported.

                                  
