[Senate Report 111-139]
[From the U.S. Government Publishing Office]
Calendar No. 289
111th Congress Report
SENATE
2d Session 111-139
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LA PINE LAND CONVEYANCE ACT
_______
March 2, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1140]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1140) to direct the Secretary of the
Interior to convey certain Federal land to Deschutes County,
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 all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``La Pine Land Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of La Pine,
Oregon.
(2) County.--The term ``County'' means the County of
Deschutes, Oregon.
(3) Map.--The term ``map'' means the map entitled ``La Pine,
Oregon Land Transfer'' and dated December 11, 2009.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
SEC. 3. CONVEYANCES OF LAND.
(a) In General.--As soon as practicable after the date of enactment
of this Act, subject to valid existing rights and the provisions of
this Act, and notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the City or
County, without consideration, all right, title, and interest of the
United States in and to each parcel of land described in subsection
(b).
(b) Description of Land.--The parcels of land referred to in
subsection (a) consist of--
(1) the approximately 150 acres of land managed by the Bureau
of Land Management, Prineville District, Oregon, depicted on
the map as ``parcel A'', to be conveyed to the County, which is
subject to a right-of-way retained by the Bureau of Land
Management for a power substation and transmission line;
(2) the approximately 750 acres of land managed by the Bureau
of Land Management, Prineville District, Oregon, depicted on
the map as ``parcel B'', to be conveyed to the County; and
(3) the approximately 10 acres of land managed by the Bureau
of Land Management, Prineville District, Oregon, depicted on
the map as ``parcel C'', to be conveyed to the City.
(c) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Use of Conveyed Land.--
(1) In general.--Consistent with the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.), the land conveyed under subsection (a)
shall be used for the following public purposes and associated
uses:
(A) The parcel described in subsection (b)(1) shall
be used for outdoor recreation, open space, or public
parks, including a rodeo ground.
(B) The parcel described in subsection (b)(2) shall
be used for a public sewer system.
(C) The parcel described in subsection (b)(3) shall
be used for a public library, public park, or open
space.
(2) Additional terms and conditions.--The Secretary may
require such additional terms and conditions for the
conveyances under subsection (a) as the Secretary determines to
be appropriate to protect the interests of the United States.
(e) Administrative Costs.--The Secretary shall require the County to
pay all survey costs and other administrative costs associated with the
conveyances to the County under this Act.
(f) Reversion.--If the land conveyed under subsection (a) ceases to
be used for the public purpose for which the land was conveyed, the
land shall, at the discretion of the Secretary, revert to the United
States.
PURPOSE
The purpose of S. 1140 is to direct the Secretary of
Interior to convey approximately 910 acres of land administered
by the Bureau of Land Management to Deschutes County, Oregon.
BACKGROUND AND NEED
The town of La Pine in Deschutes County, Oregon, is an
incorporated town located in the central part of the state. The
majority of land within La Pine Township is federally owned and
the community has expressed interest in acquiring additional
land to serve public purposes, including land for public parks,
a rodeo ground facility, and expansion of the town's wastewater
treatment operations.
S. 1140 directs the Secretary of the Interior to transfer
150 acres of Bureau of Land Management (BLM) land contiguous to
the La Pine city limit on its western boundary to enable
construction of a rodeo facility. In addition, the land will
provide a location for future development of ball fields,
parks, and recreation facilities as budgets allow.
Additionally, S. 1140 provides for the transfer of
approximately 750 acres of BLM land to Deschutes County for the
purpose of expanding the town's wastewater treatment operation.
The transfer will allow the community to compete for state and
Federal economic stimulus funds while addressing water quality
issues by reducing nitrate loading in the groundwater. As
ordered reported, S. 1140 also conveys 10 acres of BLM land to
Deschutes County for a public library and for open space.
LEGISLATIVE HISTORY
Senator Wyden introduced S. 1140 on May 21, 2009. The
Subcommittee on Public Lands and Forests held a hearing on the
bill on June 17, 2009 (S. Hrg. 111-65). At its business meeting
on December 16, 2009, the Committee on Energy and Natural
Resources ordered S. 1140 favorably reported, with amendment in
the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by a voice vote of a
quorum present, recommends that the Senate pass S. 1140, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1140, the Committee adopted
an amendment in the nature of a substitute. The amendment
corrects the acreage of the lands to be conveyed, and
authorizes an additional conveyance of 10 acres for use as a
public library or for a public park. The amendment is explained
in detail in the section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title for the bill, the ``La
Pine Land Conveyance Act''.
Section 2 defines key terms used in the legislation.
Section 3(a) directs the Secretary of the Interior to
convey to the City of La Pine or the County of Deschutes,
Oregon, without consideration, all right, title, and interest
of the United States in and to each of the three parcels of
land, as described in subsection (b).
Subsection (b) describes the parcels of land to be
conveyed, including: 150 acres of Bureau of Land Management
(BLM) land for outdoor recreation, open space, or public parks,
including a rodeo ground; 750 acres of BLM land for a public
sewer system; and 10 acres of BLM land for a public library,
public park, or open space.
Subsection (c) provides that the map identifying the lands
to be conveyed shall be available for public inspection in the
appropriate offices of the BLM.
Subsection (d) describes the allowed uses of the lands to
be conveyed, and authorizes the Secretary of the Interior to
require any additional terms and conditions that the Secretary
determines to be appropriate to protect the interests of the
United States.
Subsection (e) requires the County to pay all survey costs
and other administrative costs associated with the conveyances.
Subsection (f) states that if the land conveyed ceases to
be used for public purposes, the land shall, at the discretion
of the Secretary, revert to the United States.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 1140--La Pine Land Conveyance Act
S. 1140 would direct the Bureau of Land Management (BLM) to
convey, without consideration, 910 acres of land in Oregon to
certain local governments. Based on information provided by
BLM, CBO estimates that implementing S. 1140 would have no
significant effect on discretionary spending. Enacting the bill
would have no significant effect on direct spending and would
not affect revenues.
Under S. 1140, BLM would convey two parcels of land
totalling 900 acres to Deschutes County and one parcel of 10
acres to the city of La Pine. The conveyed properties would be
used for various public purposes, including recreation.
Deschutes County would be responsible for administrative costs
associated with conveying the land that it would receive.
Because some of the property to be conveyed under S. 1140
has already been identified by BLM for potential sale, CBO
estimates that enacting the bill would reduce offsetting
receipts (a credit against direct spending). However, we expect
that any such sale would be conducted under the Recreation and
Public Purposes Act (RPPA), which allows state or local
governments to receive federal property at less than fair
market value. Therefore, we estimate that any loss of receipts
that would result from donating the property to the county or
the city (rather than selling it under the RPPA) would be less
than $500,000. We further estimate that any discretionary costs
of the conveyances would be negligible.
S. 1140 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.
The land conveyance authorized in the bill would benefit the
city of La Pine and Deschutes County. Any costs to those
entities would be incurred voluntarily.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, 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. 1140.
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. 1140, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1140, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior
was included in testimony received by the Committee on Energy
and Natural Resources at a hearing on S. 1140 on June 17, 2009.
Statement of Ned Farquhar, Deputy Assistant Secretary, Land & Minerals
Management, Department of the Interior
Thank you for the opportunity to testify on S. 1140, the La
Pine Land Conveyance Act. The BLM does not object to the
conveyances in S. 1140. We note that these conveyances are
consistent with our existing authority under the Recreation and
Public Purposes (R&PP) Act, so they could be accomplished
administratively. We would also like to work with the sponsor
and the Committee on modifications to parcel boundaries.
background
La Pine is a rural community located in southern Deschutes
County, Oregon. The BLM and the City of La Pine have a long
history of working together and have completed several
Recreation and Public Purposes (R&PP) Act conveyances,
including the sites of the La Pine library and fire station.
Since La Pine is surrounded by BLM-administered lands,
community leaders have held ongoing discussions with the BLM
concerning the city's need for additional land to serve other
public purposes.
The R&PP Act authorizes the Secretary of the Interior to
lease or convey public lands for recreational and public
purposes, including campgrounds, municipal buildings,
hospitals, and other facilities benefitting the public. The La
Pine Special Sewer District submitted an R&PP application to
BLM's Prineville District Office in 2007, and an amended
application in January 2009, for 750 acres of BLM-administered
lands on the eastern edge of the La Pine city limits. Their
intention is to use the lands to expand their current
wastewater treatment facilities. The parcel is largely vacant,
but does contain a number of rights-of-way including a natural
gas pipeline, transmission line, and roads. This parcel of land
is shown as ``Parcel B'' on the map prepared at the request of
Senator Wyden, dated May 22, 2009.
Additionally, the City of La Pine has expressed an interest
in developing a public rodeo grounds and equestrian center on a
320-acre parcel of BLM-administered lands adjacent to the
southwest border of the city. This parcel is also largely
vacant, but contains a number of rights-of-way, including a
road and transmission lines. This parcel of land is shown as
``Parcel A'' on the map prepared at the request of Senator
Wyden, dated May 22, 2009.
s. 1140
S. 1140 proposes to convey, at no cost, to Deschutes
County, Oregon, all right, title and interest of the United
States to the two parcels (320 acres and 750 acres), detailed
on the map prepared at the request of Senator Wyden, dated May
22, 2009. These conveyances would be subject to valid existing
rights and are intended to address the city's stated need for
additional land to accommodate the expansion of its wastewater
treatment facilities and provide land for the development of a
public rodeo grounds and equestrian center.
The bill requires that the two parcels of land be used only
for purposes consistent with the R&PP Act and includes a
reversionary clause to enforce that requirement. Finally, the
bill requires the County to pay all administrative costs
associated with the transfer.
As a matter of policy, the BLM supports working with local
governments to resolve land tenure issues that advance
worthwhile public policy objectives. In general, the BLM
supports the proposed conveyances, as they are consistent with
the existing R&PP authority. We also recommend modifying the
boundaries of Parcel A to address an important travel corridor
and shelter area for elk along the Little Deschutes River.
conclusion
Thank you for the opportunity to testify. We look forward
to working with Senator Wyden and the Committee to address the
needs of La Pine, Oregon.
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. 1140 as ordered
reported.