[House Report 107-637]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-637
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COUNTY RIGHT-OF-WAY TO WEST BUTTE ROAD IN THE STATE OF OREGON
_______
September 4, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4953]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4953) 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, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert 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 or 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.--Notwithstanding any other Act, and subject to
subsection (d), the Secretary shall grant to each County a right-of-way
to the West Butte Road.
(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.--
(i) In general.--The Secretary shall amend
the existing rights-of-way of each of the
Counties as contained in their respective road
case files to include the rights-of-way granted
under subsection (b).
(ii) Effect.--The rights-of-way amended under
clause (i) shall be subject to the common
terms, conditions, and stipulations identified
in the Counties' rights-of-way grants that
apply on the date of enactment of this Act.
(iii) Consideration of environmental
concerns.--Environmental concerns associated
with any development of the West Butte Road
shall be addressed by the County in meeting
compliance requirements associated with State
and Federal highway projects and the National
Environmental Policy Act of 1969 as
administered by the Federal Highway
Administration.
(B) West butte road.--Notwithstanding any other Act,
the Secretary shall provide for adjustment to the
right-of-way width and alignment granted under
subsection (b) in portions of the West Butte Road
necessary for the road to meet applicable State and
Federal highway standards.
(d) Relinquishment of Right-of-Way.--The right-of-way granted to each
County under subsection (b) shall be contingent upon the Counties
relinquishing any right, title, or interest in and to any RS 2477
right-of-way claim held by the Counties to the portion of the road
known as George Millican Road that is located in the area described in
subsection (c)(1).
PURPOSE OF THE BILL
The purpose of H.R. 4953 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.
BACKGROUND AND NEED FOR LEGISLATION
Rapid population growth along the Bend-Redmond corridor in
central Oregon has created a perpetual bottleneck on U.S.
Highway 97, a major north-south highway. H.R. 4953 would
authorize the exchange of rights-of-ways between Crook and
Deschutes Counties and the Bureau of Land Management (BLM) to
reduce the bottleneck by allowing the Counties to gain control
of West Butte Road. The Counties would then relinquish control
of George Millican Road (extending from Reservoir Road to U.S.
Route 20) to the BLM. West Butte Road extends from Reservoir
Road in Crook County to U.S. Route 20 in Deschutes County. The
legislation would allow the Counties to make improvements to
the West Butte Road, providing access to U.S. Highway 20, a
major transportation route in central Oregon. Improvements to
the road would provide an alternative route for trucks and
other vehicles that now travel on a very busy and congested
U.S. Highway 97. A recent survey conducted by the Oregon
Department of Transportation estimated that 25 percent of the
trucks that now pass through Bend from Highway 20 would use
this alternative route.
In the meantime, Crook County has an unemployment rate of
10.6 percent due to the closure of several mills. The
legislation would help to reduce the unemployment rate by
allowing the County to provide a paved connection to Highway
20, which would induce companies to relocate to Crook County
because of the long-term viability of its transportation
infrastructure. It would also deter companies from leaving due
to the high transportation costs of traveling U.S. Highway 97.
COMMITTEE ACTION
H.R. 4953 was introduced on June 17, 2002, by Congressman
Greg Walden (R-OR). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands. The Subcommittee
held a hearing on the bill on July 16, 2002. On July 24, 2002,
the Full Resources Committee met to consider the bill. The
Subcommittee on National Parks, Recreation, and Public Lands
was discharged from further consideration of the bill by
unanimous consent. Congressman Walden offered an amendment in
the nature of a substitute that made the following changes to
the original text: (1) changed the map title and date; (2)
clarified the boundaries of the West Butte Road right-of-way,
and (3) added environmental requirements for any adjustment to
the West Butte Road right-of-way. The amendment was adopted by
unanimous consent. The bill as amended was then ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, and Article IV, section 3 of the
Constitution of the United States grants Congress the authority
to enact this bill and the power of Congress over territory and
other national property, respectively.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objective. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 30, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4953, 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.
H.R. 4953--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
CBO estimates that enacting H.R. 4953 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.
H.R. 4953 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.
H.R. 4953 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 authorized 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.
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.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.