[Senate Report 107-277]
[From the U.S. Government Publishing Office]
Calendar No. 596
107th Congress Report
SENATE
2d Session 107-277
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DESCHUTES AND CROOK COUNTIES, OREGON
_______
September 12, 2002.--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. 2482 ]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2482) to direct the Secretary of the
Interior to grant to Deschutes and Crook Counties in the State
of Oregon a right-of-way to West Butte Road, 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. COUNTY-RIGHT-OF-WAY TO WEST BUTTE ROAD IN THE STATE OF
OREGON
(a) Definitions.--In this Act.
(1) West butte road.--The term ``West Butte Road'' means the
unpaved Bureau of Land Management road in the State of Oregon
identified on the map as BLM Road 6520.
(2) County.--The term ``County'' means each of Crook County
and Deschutes County in the State of Oregon.
(3) Map.--The term ``map'' means the map entitled ``West
Butte Road Right of Way'' dated July 17, 2002.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(b) Grant to Counties.--Effective on the date the Secretary has
received from a county notice that the county relinquishes any right in
and to a right-of-way under section 2477 of the Revised Statutes (43
U.S.C. 932 note) by such county to the portion of the road known as
George Millican Road that is located in the area described in
subsection (c)(1), such county is granted a right-of-way to the West
Butte Road located within such county by operation of law, subject only
to the common terms, conditions, and stipulations identified in the
county's rights-of-way grants that apply on the date of enactment of
this Act.
(c) Boundaries.--
(1) In general.--Subject to paragraph (2), the rights-of-way
granted under subsection (b) shall--
(A) extend in length from Reservoir Road in Crook
County to United States Route 20 in Deschutes County,
Oregon; and
(B) shall extend in width 100 feet on each side of
the centerline of West Butte Road.
(2) Modifications.--
(A) State roads.--The Secretary shall modify the
existing rights-of-way of each of the counties as
contained in its respective road case file to include
the rights-of-way granted under subsection (b).
(B) West butte road.--The Secretary shall adjust the
right-of-way width and alignment granted under
subsection (b) in portions of the West Butte Road as
necessary to meet applicable State and Federal highway
standards.
PURPOSE
The purpose of S. 2482 is to direct the Secretary of the
Interior to grant to Deschutes and Crook Counties in the State
of Oregon a right-of-way to West Butte Road upon the
relinquishment by the counties of rights-of-way claims to the
nearby George Millican Road.
BACKGROUND AND NEED
The community of Prineville, in Crook County, Oregon,
proposes construction of a paved road to connect the community
with U.S. Highway 20 to provide an alternative route for both
passenger and commercial traffic traveling between Portland,
Oregon and Boise, Idaho. The proposed paved road would also
assist Prineville industry by routing traffic towards the
Prineville/Crook County Industrial Parks, which have been
reserved with the intent of improving industrial
diversification within the county.
Environmental benefits would also result from enactment of
this legislation. The proposed road would traverse flat desert
and reclaim an old highway straightaway. In contrast, improving
the current roadway to accommodate traffic would likely result
in damage to the nearby Crooked River and riparian zones.
Traffic congestion would also be reduced on the overcrowded
highway 97 as it passes through Bend and Redmond, Oregon.
The proposed right-of-way is currently being considered by
the BLM on the basis of revision to its existing Upper
Deschutes Resource Management Plan. BLM's decision will entail
an extensive process and involve significant delays, possibly
as much as four to six years.
Enactment of S. 2482 will facilitate the transfer of the
West Butte Road right-of-way to expedite construction of the
new road.
LEGISLATIVE HISTORY
S. 2482 was introduced by Senator Wyden on May 8, 2002.
Senator Smith of Oregon was added as a cosponsor on June 17,
2002. The Subcommittee on Public Lands and Forests held a
hearing on S. 2482 on June 18, 2002. At the business meeting on
July 31, 2002, the Committee on Energy and Natural Resources
ordered S. 2482, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass S. 2482, if amended as
described herein.
COMMITTEE AMENDMENT
During the consideration of S. 2482, the Committee adopted
an amendment in the nature of a substitute. The amendment
corrects references to the applicable maps and made other
clarifying changes.
SECTION-BY-SECTION ANALYSIS
Section 1 (a) defines key terms.
Subsection (b) requires the Secretary of the Interior to
grant to Crook County and Deschutes County a right-of-way to
the West Butte Road, effective on the date the Secretary
receives notice from each country that it is relinquishing any
R.S. 2477 rights-of-way claim to the George Millican Road.
Subsection (c) requires the Secretary to adjust the
boundaries of the right-of-way to meet approved standards
applicable to an improved road.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 7, 2002.
Hon. Jeff Bingaman,
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. 2482, a bill to
direct the Secretary of the Interior to grant to Deschutes and
Crook Counties in the state of Oregon a right-of-way to West
Butte Road.
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,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 2482--A bill to direct the Secretary of the Interior to grant to
Deschutes and Crook Counties in the state or Oregon a right-of-
way to West Butte Road
CBO estimates that enacting S. 2482 would have no
significant impact on the federal budget. The bill would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
S. 2482 would direct the Secretary of the Interior to grant
to Deschutes and Crook Counties, Oregon, rights-of-way to the
West Butte Road, which was constructed in 1968 by the Bureau of
Land Management (BLM) through lands owned by that agency. In
exchange, those counties would relinquish right-of-way
interests in the George Millican Road, which passes through the
same segment of federal land as the West Butte Road. According
to BLM, the agency currently collects no fees for the affected
rights-of-way, and exchanging them would not affect the
agency's costs to manage the surrounding lands.
S. 2482 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 right-of-way grant authorizes by this bill would benefit
the state of Oregon and the affected local governments in the
state. Any costs that these governments would incur to meet the
conditions of this grant would be voluntary.
On July 30, 2002, CBO transmitted a cost estimate for H.R.
4853, similar legislation, as ordered reported by the House
Committee on Resources on July 24, 2002. The two bills are
substantively similar, and our cost estimates are the same.
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. 2482. 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. 2482, as ordered reported.
EXECUTIVE COMMUNICATIONS
The pertinent legislative report received by the Committee
from the Department of the Interior setting forth Executive
agency recommendations relating to S. 2482 is set forth below:
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, June 25, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 2482, a bill ``to direct the
Secretary of the Interior to grant to Deschutes and Crook
Counties in the State of Oregon a right-of-way to West Butte
Road.'' The bill also provides for the relinquishment of right-
of-way interests in the George Millican Road (or ``Old Millican
Road'').
The Department supports the goal of S. 2482, to grant the
right-of-way to the Oregon counties, but we would like to work
with the Committee on amendments to the bill to provide for a
process that would include community involvement in addressing
issues related to conflicts with recreational uses and wildlife
concerns in the area.
The population of central Oregon has been expanding
rapidly, and for Crook County, Oregon, one of the integral
components to this growth is the West Butte Road. The Bureau of
Land Management (BLM) constructed the West Butte Road in 1968.
It is a fairly straight road, approximately 14 miles in length
that has become the preferred route from Four Corners to
Highway 20. Crook County has maintained it for several years
under a cooperative maintenance agreement with the BLM.
Deschutes County sees this road as a means of relieving some of
the traffic burden from Highway 97 in the ever-growing Bend and
Redmond communities.
In 1968, the State of Oregon designated Highway 27,
currently located further to the east near Prineville
Reservoir, as a State Highway with the understanding that a new
route for the road would be created. It was recognized that the
current alignment of Highway 27--the only State Highway in
Oregon that still has unpaved portions--could not be improved
for economic reasons and physical limitations. Later, both
State and Federal agencies recognized the natural values of the
Crook River Canyon, which further reduced the desirability of
upgrading Highway 27 in its current location. Ultimately, West
Butte Road became the most likely replacement route for Highway
27.
The George Millican Road, meanwhile, extends from
Prineville to Lakeview and was recognized in 1915 by Crook
County as a country road. The northern segment of the road was
converted to a right-of-way in 1991 and is no longer a concern
to the counties. However, the southern segment of road from
Four Corners south to Highway 20, near the town of Millican
continues to be an area of concern. The route is a single lane,
unimproved road that occupies the original 1915 alignment.
Currently, the BLM has several rights-of-way over this segment
of the George Millican Road.
Over the last three years, the BLM has been working with
Crook and Deschutes Counties, the Oregon Department of
Transportation, and Oregon Department of Fish and Wildlife
identifying suitable alternatives to State Highway 27. One of
the more suitable alternative routes that has been considered
is the combined route known as the Millican and West Butte
Road. The BLM's 1989 Resource Management Plan for Prineville
failed to anticipate issues related to the rapidly growing
human population in Bend, Redmond, Prineville, and surrounding
areas. This combination of changing circumstances and new
information has created a need to revise the existing Resource
Management Plan. The Upper Deschutes Resource Management Plan
is currently being prepared to address these issues,
particularly the need to resolve a number of transportation
problems including the West Butte Road. Recognizing the
importance of these issues, the BLM has made the Upper
Deschutes Resource Management Plan a priority and put it on a
fast track, with a final Record of Decision planned for the
Winter of 2004.
Through this process we have agreed to consider and analyze
alternative corridors to determine the route that would be most
suitable for future use as a State Highway. Following
completion of the Upper Deschutes Resource Management Plan, the
BLM would be able to issue a decision on the right-of-way, and
assuming a favorable decision for the right-of-way, determine
the final alignment of the road, and also determine any
mitigation measures for road design.
It is important to note that the Upper Deschutes Resource
Management Plan provides intensive public and governmental
collaboration. It utilizes a community-based collaborative
process that helps solve important problems facing long-term
management of the public lands within the planning area. It is
a process that is deliberative and open to all. Accordingly,
the BLM is using ``Issue Teams'' to focus on specific planning
issues. Chartered by the Deschutes Provincial Advisory
Committee, the Teams are composed of representatives of the
general public, specific interest groups, permit holders, other
stakeholders and relevant government agencies, including Crook
and Deschutes Counties. Team members have been meeting since
the Fall of 2001 and the majority of their work will involve
review of public comments on the Draft Environmental Impact
Statement for the Resource Management Plan near the end of 2002
or the beginning of 2003.
Finally, the transportation analysis component of the Upper
Deschutes Resource Management Plan could begin as early as
January of 2003, and be completed after the Record of Decision
on the Resource Management Plan is signed in the Winter of
2004.
The Department of the Interior supports the goal of S. 2482
however, the Department believes the legislation would cut
short the process currently underway to provide for greater
community involvement in addressing issues related to final
location and design of the West Butte Road. The Upper Deschutes
Resource Management Planning process provides an appropriate
vehicle for addressing and resolving this issue. The bill as
currently drafted does not address the important issues under
consideration in the Upper Deschutes Resource Management
Planning process.
With regard to Off-Highway Vehicle recreation use, the
current West Butte Road splits the Millican Off-Highway Vehicle
recreational use area down the middle and further development
of the West Butte Road could create safety conflicts and limit
these recreation uses in the area. The Millican Off-Highway
Vehicle trail system is one of the most popular in the state,
and represents a significant financial investment by the State
Off-Highway Vehicle Committee, attracting riders state-wide.
Off-Highway Vehicle use in BLM's Resource Management Plan is an
important issue, and the BLM is currently determining, on a
broad-scale, how and where these Off-Highway Vehicle
recreational uses will continue in the future. There is no
provision in the legislation that provides for mitigation
measures to provide for the safety of Off-Highway Vehicle users
and ensure that the recreation impacts of future development of
the West Butte Road are minimized.
Another outstanding concern is the issue of wildlife in the
West Butte Road corridor. Currently, the West Butte Road falls
on the fringe of fragile Sage Grouse habitat and within mule
deer winter range. The Sage Grouse populations have declined in
this area due to a number of factors, including human
disturbances. There are nesting populations that as currently
written, does not provide for a way to address the potential
impacts of the development of the West Butte Road on the Sage
Grouse and mule deer populations.
Finally, the establishment of a State Highway in the West
Butte Road corridor may also increase the potential for
development of private lands that would be more easily accessed
by an improved road, and these potential future development
issues also should be considered.
The Department of the Interior looks forward to working
with the Committee to help address these issues in a meaningful
way that will meet Central Oregon's transportation needs.
The Office of Management and Budget has advised that there
is no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Rebecca W. Watson,
Assistant Secretary for Land and Minerals Management.
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. 2482, as
ordered reported.