[Senate Report 107-197]
[From the U.S. Government Publishing Office]
Calendar No. 474
107th Congress Report
SENATE
2d Session 107-197
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CONVEY CERTAIN LAND TO THE CITY OF HAINES, OREGON
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June 28, 2002.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1907]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1907) to direct the Secretary of the
Interior to convey certain land to the city of Haines, 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 page 2, lines 4-6 in their entirety and insert the
following:
``as indicated on the map entitled `S. 1907: Conveyance to
the City of Haines, Oregon' and dated May 9, 2002.''
PURPOSE
The purpose of S. 1907 is to direct the Secretary of the
Interior to convey certain land to the city of Haines, Oregon.
BACKGROUND AND NEED
S. 1907 would solve a problem with management of the
Haines, Oregon landfill. The Oregon Department of Environmental
Quality requires the city of Haines to prepare a closure plan
in order to have its landfill relicensed in 2007. One
requirement of the closure plan is coverage of the site with
three feet of topsoil.
Given the lack of topsoil available to the city of Haines
on its own landfill property, the city must seek large
quantities of topsoil off-site. This soil and its transport are
estimated to cost $125,000, which Haines cannot afford. As a
result, the city has been looking for other options in order to
prepare the required closure plan for its landfill.
The Bureau of Land Management has a 40-acre parcel
immediately adjacent to the Haines landfill site which the
agency has identified as surplus and has included in its land
exchange inventory. This property offers Haines the topsoil
that it needs, and eliminates a significant transportation
cost.
S 1907 would transfer the ownership of this parcel to the
city of Haines, in order to enable the city to comply with
State of Oregon regulatory requirements for the relicensing of
its landfill in 2007.
LEGISLATIVE HISTORY
S. 1907 was introduced by Senator Gordon Smith and Senator
Wyden on January 29, 2002. The Subcommittee on Public Lands and
Forests held a hearing on S. 1907 on May 9, 2002. The Committee
on Energy and Natural Resources considered S. 1907 and adopted
an amendment to it at its business meeting on May 15, 2002. The
Committee ordered the bill as amended favorably reported at its
business meeting on June 5, 2002.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 5, 2002, by a voice vote of a
quorum present, recommends that the Senate pass S. 1907, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1907, the Committee on
Energy and Natural Resources adopted an amendment which changes
the reference to an outdated map and replaces it with a
reference to an updated map.
SECTION-BY-SECTION ANALYSIS
Section 1 directs the Secretary of the Interior to convey
all right, title, and interest in approximately 40 acres of
Bureau of Land Management land to the city of Haines, Oregon
without consideration.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 12, 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. 1907, a bill to
direct the Secretary of the Interior to convey certain land to
the city of Haines, Oregon.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1907--A bill to direct the Secretary of the Interior to convey
certain land to the city of Haines, Oregon
CBO estimates that enacting S. 1907 would not significantly
affect the federal budget. The bill would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply. S. 1907 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 city
of Haines by allowing them to acquire needed land at no cost.
S. 1907 would direct the Secretary of the Interior to
convey to the city of Haines, Oregon, without consideration,
approximately 40 acres of federal lands located within that
state. According to the Bureau of Land Management, the lands to
be conveyed currently generate no receipts and are not expected
to over the next 10 years. Hence, we estimate that the proposed
conveyance would not affect the federal budget.
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. 1907. 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. 1907.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management at
the Subcommittee hearing follows:
Statement of Larry Finfer, Assistant Director For Communications,
Bureau of Land Management
Thank you for the opportunity to testify on S. 1907 to
convey a parcel of land to the city of Haines, Oregon. The
Department of the Interior supports S. 1907 and would like the
opportunity to work with the sponsors of the bills and the
Committee on minor and technical amendments.
S. 1907 directs the Secretary of the Interior to convey,
without payment, to the City of Haines, Oregon a 40 acre parcel
of land adjacent to the Haines, Oregon landfill. The intent of
the legislation is to provide Haines with a source of topsoil
as cover material for the landfill and allow for its closure,
the BLM supports the bill.
This 40 acre parcel of BLM land has been identified for
disposal by the BLM in the June 1998 Northeast Oregon Assembled
Land Exchange final environmental impact statement. The 40 acre
site is immediately adjacent to the Haines landfill and is
largely isolated. Under current law, the BLM would be required
to charge full market value, and therefore the legislation is
needed. The BLM believes that this is a worthwhile proposal
which allows the BLM to be a good neighbor.
In order to make this conveyance as smooth as possible, we
would like the opportunity to work with Senators Smith and
Wyden and the Committee on a technical amendment to address
speedy transfer of the lands. In addition, in order to avoid
any confusion over the exact parcel of land to be transferred,
we request that the legislation be modified at markup to
reference a new map created to specifically address this
transfer. We believe that this will reduce confusion and assure
proper transfer of the intended parcel to the City of Haines,
Oregon.
Conclusion
Thank you for the opportunity to testify. I am happy to
answer any questions the members of the Committee may have.
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 S. 1907, as ordered
reported.