[House Report 108-494]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-494
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AMENDING THE BEND PINE NURSERY LAND CONVEYANCE ACT TO SPECIFY THE
RECIPIENTS AND CONSIDERATION FOR CONVEYANCE OF THE BEND PINE NURSERY,
AND FOR OTHER PURPOSES
_______
May 17, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3505]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3505) to amend the Bend Pine Nursery Land Conveyance Act
to specify the recipients and consideration for conveyance of
the Bend Pine Nursery, and for other purposes, 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. MODIFICATION OF BEND PINE NURSERY LAND CONVEYANCE.
(a) Designation of Recipients and Consideration.--Section 3 of the
Bend Pine Nursery Land Conveyance Act (Public Law 106-526; 114 Stat.
2512) is amended--
(1) in subsection (a), by striking paragraph (1) and
redesignating paragraphs (2) through (7) as paragraphs (1)
through (6), respectively;
(2) in subsection (e)--
(A) by striking ``this section'' both places it
appears and inserting ``subsection (a)'';
(B) in paragraph (1), by striking ``Subject to
paragraph (3), the'' and inserting ``The''; and
(C) by striking paragraph (3); and
(3) by adding at the end the following new subsections:
``(g) Conveyance of Bend Pine Nursery.--
``(1) Conveyance to park and recreation district.--Upon
receipt of consideration in the amount of $3,505,676 from the
Bend Metro Park and Recreation District in Deschutes County,
Oregon, the Secretary shall convey to the Bend Metro Park and
Recreation District all right, title, and interest of the
United States in and to a parcel of real property consisting of
approximately 185 acres and containing the Bend Pine Nursery,
as depicted on the site plan map entitled `Bend Pine Nursery
Administrative Site, May 13, 1999'.
``(2) Use of conveyed property.--Subject to subsection (h),
the real property conveyed to the Bend Metro Park and
Recreation District under paragraph (1) shall be used only for
recreation purposes and may be developed for those purposes. If
the Secretary determines that the real property subject to this
condition is converted, in whole or in part, to non-
recreational use, the Secretary shall require the Bend Metro
Park and Recreation District to pay to the United States an
amount equal to the fair market value of the property at the
time of conversion, less the consideration paid under this
paragraph.
``(h) Reconveyance of Portion of Bend Pine Nursery.--
``(1) Conveyance to school district.--As soon as practicable
after the receipt by the Bend Metro Park and Recreation
District of the real property described in subsection (g)(1),
the Bend Metro Park and Recreation District shall convey to the
Administrative School District No. 1, Deschutes County, Oregon,
without consideration, a parcel of real property located in the
northwest corner of the real property described in such
subsection and consisting of approximately 15 acres.
``(2) Use of conveyed property.--The deed of conveyance under
paragraph (1) shall contain a covenant requiring that the real
property conveyed to the School District be used only for
educational purposes.''.
(b) Conforming Amendment.--Section 4(a) of such Act is amended by
striking ``section 3(a)'' and inserting ``section 3''.
Purpose of the Bill
The purpose of H.R. 3505 is to amend the Bend Pine Nursery
Land Conveyance Act to specify the recipients and consideration
for conveyance of the Bend Pine Nursery, and for other
purposes.
Background and Need for Legislation
H.R. 3505 would amend the Bend Pine Nursery Land Conveyance
Act (Public Law 106-526) by directing the Secretary of
Agriculture to convey to the Bend Metro Parks and Recreation
District 210 acres of the Deschutes National Forest's Bend Pine
Nursery for $3.5 million. In turn, Bend Metro would reconvey 15
acres to the Deschutes County Administrative School District
No. 1 to build an elementary school. If Bend Metro does not use
the remaining conveyed lands for recreational purposes,
additional compensation to the Secretary would be due based on
its fair market value at the time of the conversion (minus the
funds already paid). The original legislation authorized the
Secretary to sell the Nursery (giving first rights of refusal
to the Bend Metro) and utilize the funds received towards the
construction of a new administrative/visitor center for the
Deschutes National Forest. At the time Public Law 106-526 was
enacted, the land to be conveyed was valued at $3.5 million.
However, due to administrative delays, the nursery site has yet
to be sold. H.R. 3505 would bring closure to an administrative
process that has taken too long to complete by facilitating the
sale of the nursery and allowing the Bend Metro to develop
additional recreational opportunities for the residents of
central Oregon. In addition, it will allow the construction of
a much-needed elementary school in the fastest-growing part of
the State of Oregon.
Committee Action
H.R. 3505 was introduced on November 17, 2003, by
Congressman Greg Walden (R-OR). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Forests and Forest Health. On February 12,
2004, the Subcommittee held a hearing on the bill. On May 5,
2004, the Full Resources Committee considered the bill. The
Subcommittee was discharged from further consideration of the
bill by unanimous consent. Mr. Walden offered an amendment in
the nature of a substitute which reflected changes requested by
the Department of Agriculture and required additional
compensation to be paid to the Secretary if any of the conveyed
land (other than the 15-acre parcel reconveyed to the school
district) was not used for recreational purposes. The amendment
was adopted by unanimous consent and the bill 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 of the Constitution of the United
States grants Congress the authority to enact this bill.
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 tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would reduce offsetting receipts.
However, ``[t]hose foregone receipts would be fully offset * *
* by a corresponding decrease in direct spending for new
facilities within the Deschutes National Forest.'' In addition,
``CBO estimates that any resulting net change in direct
spending would be negligible.''
3. General Performance Goals and Objectives. 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, May 12, 2004.
Hon. Richard W. Pombo,
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. 3505, a bill to
amend the Bend Pine Nursery Land Conveyance Act to specify the
recipients and consideration for conveyance of the Bend Pine
Nursery, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 3505--A bill to amend the Bend Pine Nursery Land Conveyance Act to
specify the recipients and consideration for conveyance of the
Bend Pine Nursery, and for other purposes
Public Law 106-526 authorized the Secretary of Agriculture
to sell certain lands within the Deschutes National Forest in
Oregon. H.R. 3505 would amend that law to require the Secretary
to sell some of those lands to the Bend Metro Park and
Recreation District for a specified price of $3.5 million.
Under H.R. 3505, as under current law, the Secretary could
spend proceeds from the sale to construct or improve facilities
within the forest.
Based on information from the Forest Service, CBO estimates
that enacting H.R. 3505 would have no significant net impact on
the federal budget. The bill would not affect revenues.
According to the agency, the appraised value of the affected
lands exceeds the sale price specified in the bill by between
$500,000 and $1.5 million. Hence, we estimate that enacting
this bill would reduce offsetting receipts (a credit against
direct spending) from the sale. Those forgone receipts would be
fully offset, however, by a corresponding decrease in direct
spending for new facilities within the Deschutes National
Forest. Based on information from the Forest Service about the
likely timing of the proposed sale and subsequent spending, CBO
estimates that any resulting net change in direct spending
would be negligible.
H.R. 3505 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 Bend Metro Park and
Recreation District.
On March 3, 2004, CBO transmitted a cost estimate for S.
1848, similar legislation, as ordered reported by the Senate
Committee on Energy and Natural Resources on February 11, 2004.
H.R. 3505 and S. 1848 are very similar, and our cost estimates
are the same.
The CBO staff contact for this estimate is Megan Carroll.
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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE deg.BEND PINE NURSERY LAND CONVEYANCE ACT
* * * * * * *
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and
conditions as the Secretary may prescribe, sell or exchange any
or all right, title, and interest of the United States in and
to the following National Forest System land and improvements:
[(1) Tract A, Bend Pine Nursery, comprising
approximately 210 acres, as depicted on site plan map
entitled ``Bend Pine Nursery Administrative Site, May
13, 1999''.]
[(2)] (1) Tract B, the Federal Government owned
structures located at Shelter Cove Resort, Deschutes
National Forest, buildings only, as depicted on site
plan map entitled ``Shelter Cove Resort, November 3,
1997''.
[(3)] (2) Tract C, portions of isolated parcels of
National Forest Land located in Township 20 south,
Range 10 East section 25 and Township 20 South, Range
11 East sections 8, 9, 16, 17, 20, and 21 consisting of
approximately 1,260 acres, as depicted on map entitled
``Deschutes National Forest Isolated Parcels, January
1, 2000''.
[(4)] (3) Tract D, Alsea Administrative Site,
consisting of approximately 24 acres, as depicted on
site plan map entitled ``Alsea Administrative Site, May
14, 1999''.
[(5)] (4) Tract F, Springdale Administrative Site,
consisting of approximately 3.6 acres, as depicted on
site plan map entitled ``Site Development Plan,
Columbia Gorge Ranger Station, April 22, 1964''.
[(6)] (5) Tract G, Dale Administrative Site,
consisting of approximately 37 acres, as depicted on
site plan map entitled ``Dale Compound, February
1999''.
[(7)] (6) Tract H, Crescent Butte Site, consisting of
approximately .8 acres, as depicted on site plan map
entitled ``Crescent Butte Communication Site, January
1, 2000''.
* * * * * * *
(e) Solicitations of Offers.--
(1) In general.--[Subject to paragraph (3), the] The
Secretary may solicit offers for sale or exchange of
land under [this section] subsection (a) on such terms
and conditions as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject
any offer made under [this section] subsection (a) if
the Secretary determines that the offer is not adequate
or not in the public interest.
[(3) Right of first refusal.--The Bend Metro Park and
Recreation District in Deschutes County, Oregon, shall
be given the right of first refusal to purchase the
Bend Pine Nursery described in subsection (a)(1).]
* * * * * * *
(g) Conveyance of Bend Pine Nursery.--
(1) Conveyance to park and recreation district.--Upon
receipt of consideration in the amount of $3,505,676
from the Bend Metro Park and Recreation District in
Deschutes County, Oregon, the Secretary shall convey to
the Bend Metro Park and Recreation District all right,
title, and interest of the United States in and to a
parcel of real property consisting of approximately 185
acres and containing the Bend Pine Nursery, as depicted
on the site plan map entitled ``Bend Pine Nursery
Administrative Site, May 13, 1999''.
(2) Use of conveyed property.--Subject to subsection
(h), the real property conveyed to the Bend Metro Park
and Recreation District under paragraph (1) shall be
used only for recreation purposes and may be developed
for those purposes. If the Secretary determines that
the real property subject to this condition is
converted, in whole or in part, to non-recreational
use, the Secretary shall require the Bend Metro Park
and Recreation District to pay to the United States an
amount equal to the fair market value of the property
at the time of conversion, less the consideration paid
under this paragraph.
(h) Reconveyance of Portion of Bend Pine Nursery.--
(1) Conveyance to school district.--As soon as
practicable after the receipt by the Bend Metro Park
and Recreation District of the real property described
in subsection (g)(1), the Bend Metro Park and
Recreation District shall convey to the Administrative
School District No. 1, Deschutes County, Oregon,
without consideration, a parcel of real property
located in the northwest corner of the real property
described in such subsection and consisting of
approximately 15 acres.
(2) Use of conveyed property.--The deed of conveyance
under paragraph (1) shall contain a covenant requiring
that the real property conveyed to the School District
be used only for educational purposes.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the
proceeds of a sale or exchange under [section 3(a)] section 3
in the fund established under Public Law 90-171 (16 U.S.C.
484a) (commonly known as the ``Sisk Act'').
* * * * * * *