[Senate Report 108-135]
[From the U.S. Government Publishing Office]
Calendar No. 259
108th Congress Report
SENATE
1st Session 108-135
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LAND IN DOUGLAS COUNTY, OREGON
_______
August 26, 2003.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 714]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 714) to provide for the conveyance of a
small parcel of Bureau of Land Management land in Douglas
County, Oregon, to the county to improve management of and
recreational access to the Oregon Dunes National Recreation
Area, and for other purposes, 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 1, line 7, insert ``and subject to valid
existing rights'' after ``consideration''.
2. On page 2, strike lines 5 through 11 and insert the
following:
(2) Parcel.--The parcel referred to in paragraph (1)
is the parcel of land consisting of approximately 68.8
acres under the administrative jurisdiction of the
Bureau of Land Management, as generally depicted on the
map entitled ``S. 714, Douglas County, Oregon Land
Conveyance'', dated May 21, 2003.
3. Beginning on page 2, strike line 24 and all that follows
through page 3, line 13.
4. On page 3, line 14, strike ``(d)'' and insert ``(c)''.
5. On page 3, line 20, strike ``(e)'' and insert ``(d)''.
PURPOSE
The purpose of S. 714 is to provide for the conveyance of
approximately 68.8 acres of Bureau of Land Management land in
Douglas County, Oregon, to the county to improve management of
and recreational access to the Oregon Dunes National Recreation
Area.
BACKGROUND AND NEED
S. 714 would authorize the Secretary of the Interior to
convey without cost to Douglas County, Oregon all right, title,
and interest to 68.8 acres of property currently under the
management of the Bureau of Land Management (BLM). Douglas
County would then be permitted to use the land, located just
south of the Umpqua River in Winchester Bay, for recreational
purposes.
Salmon Harbor Drive (County Road No. 251) runs through
Douglas County and is connected to Ziolkouski Beach. Off-
highway vehicles drivers unload their vehicles on Salmon Harbor
Drive and drive them through Ziolkouski Beach to Oregon Dunes
National Recreational Area. These actions create a safety
hazard on the main road and cause considerable noise.
The intended effect of transferring the BLM land is to move
recreational traffic off Salmon Harbor Drive and out of the
nearby communities. The conveyance also will allow the county
to establish a staging area for off-highway vehicles and
provides improved access to the Oregon Dunes for other
visitors, such as hikers and backpackers.
LEGISLATIVE HISTORY
S. 714 was introduced by Senator Wyden on March 26, 2003
and is cosponsored by Senator Smith. The Subcommittee on Public
Lands and Forests held a hearing on S. 714 on June 4, 2003. At
its business meeting on July 23, 2003, the Committee on Energy
and Natural Resources ordered S. 714, as amended, favorably
reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 23, 2003, by a voice vote of quorum
present, recommends that the Senate pass S. 714, if amended as
described herein.
COMMITTEE AMENDMENTS
During the consideration of S. 714, the Committee adopted
five amendments. Amendment No. 1 clarifies that the conveyance
is subject to valid existing rights. Amendment No. 2 updates
the map reference. Amendment No. 3 removes, at the request of
the Department of the Interior, the requirement that the land
revert back to the United States if used for other than
recreation purposes. Amendments 4 and 5 are conforming
amendments.
SECTION-BY-SECTION ANALYSIS
S. 714 directs the Secretary of the Interior to convey,
subject to valid existing rights, 68.8 acres of lands
administered by the Bureau of Land Management in Douglas
County, Oregon, to the county, without consideration, for
recreational purposes (specifically, to improve public safety,
reduce traffic congestion along Salmon Harbor Drive, provide a
staging area for offhighway vehicles, and facilitate policing
of unlawful camping and parking along Salmon Harbor Drive and
adjacent areas). The Secretary may require such additional
terms and conditions as the Secretary considers appropriate to
protect the interests of the United States.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 1, 2003.
Hon. Pete V. Domenici,
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. 714, a bill to
provide for the conveyance of a small parcel of Bureau of Land
Management land in Douglas County, Oregon, to the county to
improve management of and recreational access to the Oregon
Dunes National Recreation Area, and for other purposes.
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,
Robert A. Sunshine
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 714--A bill to provide for the conveyance of a small parcel of
Bureau of Land Management land in Douglas County, Oregon, to
the county to improve management of and recreational access to
the Oregon Dunes National Recreation Area, and for other
purposes
CBO estimates that enacting S. 714 would have no
significant effect on the federal budget. The bill would direct
the Secretary of the Interior to convey, without consideration,
68.8 acres of federal land to Douglas County, Oregon. The
county would use that land for recreational purposes. According
to the Bureau of Land Management, the parcel to be conveyed
currently does not generate significant receipts and is not
expected to do so over the next 10 years. Hence, we estimate
that enacting S. 714 would not significantly affect direct
spending or revenues. We also estimate that the agency's
administrative costs to complete the proposed conveyance would
be negligible.
H.R. 714 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.
This conveyance would be voluntary on the part of Douglas
County, as would any costs incurred by the county to comply
with the conditions established by the bill.
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. 714. 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. 714, as ordered reported.
EXECUTIVE COMMUNICATIONS
On July 28, 2003, the committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 714. These reports
had not been received at the time the report on S. 714 was
filed. When the reports become available the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the Bureau
of Land Management at the subcommittee hearing follows:
Statement of Jim Hughes, Deputy Director, Bureau of Land Management
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the position of the Department of
the Interior on S. 714. This bill would provide for the
conveyance of a 68-acre parcel of public domain land in Douglas
County, Oregon, to the county in order to improve management of
and recreational access to the Oregon Dunes National Recreation
Area.
The Department of the Interior supports the goals of S.
714, but would like to work with the Subcommittee on certain
changes to the bill.
Currently, the Bureau of Land Management's (BLM) Coos Bay
District administers this land, which is located just south of
where the Umpqua River empties into the Pacific Ocean, near
Winchester Bay, in Douglas County, Oregon. The land is bordered
on the west by public lands withdrawn for the U.S. Army Corps
of Engineers and on the south, by the Umpqua Lighthouse State
Park and various private lands. The Umpqua Lighthouse State
Park is located less than a mile from the Salmon Harbor on
Winchester Bay, and the lighthouse and adjacent museum are
operated and maintained by the Douglas County Parks Department
and the U.S. Coast Guard. There is no other BLM-managed land in
the vicinity.
The 68.8-acre tract to be conveyed under S. 714 is isolated
and difficult for the BLM to manage. It was identified in the
Coos Bay District's 1995 Resource Management Plan as suitable
for disposal.
Off-highway vehicle riders use this parcel for access to
the Oregon Dunes National Recreation Area because it is one of
the few free access points to the Area. Recreational access
across this tract to the Oregon Dunes National Recreation Area
can be managed more appropriately by Douglas County.
However, consistent with longstanding practice, we believe
that the government should receive market value for the land
being transferred out of public ownership. We would also like
the opportunity to work with the Subcommittee to address
technical issues including: clarifications to the reversionary
clause, acknowledgment of existing rights-of-way, and
corrections to the map referred to section 1(a).
Mr. Chairman, this concludes my testimony. I would be
pleased to answer any questions.
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. 714, as ordered
reported.