[House Report 106-938]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-938
======================================================================
BEND PINE NURSERY LAND CONVEYANCE ACT
_______
October 5, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany S. 1936]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill (S.
1936) to authorize the Secretary of Agriculture to sell or
exchange all or part of certain administrative sites and other
National Forest System land in the State of Oregon and use the
proceeds derived from the sale or exchange for National Forest
System 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. SHORT TITLE.
This Act may be cited as the ``Bend Pine Nursery Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
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) 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) 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) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) 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) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(7) Tract H, Crescent Butte Site, consisting of approximately
.8 acres, as depicted on site plan map entitled ``Crescent
Butte Communication Site, January 1, 2000''.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--Subject to paragraph (3), the Secretary may
solicit offers for sale or exchange of land under this section
on such terms and conditions as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section 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).
(f) Revocations.--
(1) In general.--Any public land order withdrawing land
described in subsection (a) from all forms of appropriation
under the public land laws is revoked with respect to any
portion of the land conveyed by the Secretary under this
section.
(2) Effective date.--The effective date of any revocation
under paragraph (1) shall be the date of the patent or deed
conveying the land.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of
a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the Umatilla
National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), the acquisition of land and interests
in land in the State.
(c) Administration.--Subject to valid existing rights, the Secretary
shall manage any land acquired by purchase or exchange under this Act
in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.)
(commonly known as the ``Weeks Act'') and other laws (including
regulations) pertaining to the National Forest System.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or improve administrative
facilities and associated land in connection with the Deschutes
National Forest System by using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out the
acquisition, construction, or improvement, funds subsequently
made available for the acquisition, construction, or
improvement.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
PURPOSE OF THE BILL
The purpose of S. 1936 is to authorize the Secretary of
Agriculture to sell or exchange all or part of certain
administrative sites and other National Forest System land in
the State of Oregon and use the proceeds derived from the sale
or exchange for National Forest System purposes.
BACKGROUND AND NEED FOR LEGISLATION
According to the U.S. Forest Service, some properties on
several National Forests located in the State of Oregon,
including the Bend Pine Nursery, currently generate no
significant receipts and it would like to sell or exchange them
for others in that State.
S. 1936 would authorize the Secretary of Agriculture to
sell or exchange specified National Forest System land and
improvements in Oregon, require the proceeds to be deposited in
the fund established under the Sisk Act (Public Law 90-171),
and allow these proceeds to be used to acquisition,
construction, or improvement of administrative and visitor
facilities and associated land in connection with the Deschutes
National Forest, the construction of a bunkhouse facility in
the Umatilla National Forest, and finally for acquisition of
land in the State of Oregon. The bill also authorizes necessary
appropriations to carry out the bill.
The Bend Metro Park and Recreation District has been
actively pursuing the purchase of the Bend Pine Nursery for
development of a sports complex, playing fields, or other
public purposes, and is given the first right of refusal to
purchase of the land from the Forest Service through S. 1936.
The House companion measure for the bill is H.R. 4774,
introduced by Congressman Greg Walden.
For additional information, see Senate Report 106-256.
COMMITTEE ACTION
S. 1936 was introduced on November 16, 1999, by Senator Ron
Wyden (D-OR). The Senate passed the bill with amendments on
July 27, 2000, by unanimous consent. In the House of
Representatives, the bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On September 20, 2000, the Full
Resources Committee met to consider the bill. The Subcommittee
on Forests and Forest Health was discharged by unanimous
consent from further consideration of the bill. Congressman
Greg Walden (R-OR) offered an amendment in the nature of a
substitute that would remove the Mapleton property from the
list of property which could be sold or exchanged under the
bill. The amendment passed by voice vote. The bill, as amended,
was then ordered favorably reported to the House of
Representatives by voice vote.
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 grant 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, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, enactment of this
bill would affect direct spending (including offsetting
receipts).
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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, October 2, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1936, the Bend Pine
Nursery Land Conveyance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan Carroll
(for federal costs), and Marjorie Miller (for the state and
local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1936--Bend Pine Nursery Land Conveyance Act
Summary: CBO estimates that implementing S. 1936 would
reduce direct spending by $2 million in 2002 and increase it by
the same amount in 2003. Because the legislation would affect
direct spending (including offsetting receipts), pay-as-you-go
procedures would apply. S. 1936 also would result in a savings
of $1 million a year in discretionary spending starting in
2004. S. 1936 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any expenditures by state or local governments to purchase
forest system land, as authorized by this legislation, would be
voluntary.
S. 1936 would authorize the Secretary of Agriculture to
sell or exchange certain lands and facilities located on
several national forests in Oregon. S. 1936 would authorize the
Secretary to spend, without further appropriation, proceeds
from the sale of these properties to construct a new
administrative facility and a new bunkhouse. If receipts are
insufficient to cover the costs of constructing the new
facilities, S. 1936 would authorize the appropriation of sums
necessary to complete the projects.
Estimated cost to the Federal Government: For this
estimate, we assume that S. 1936 will be enacted early in
fiscal year 2001. The estimated budgetary impact of S. 1936 is
shown in the following table. The costs of this legislation
fall within budget function 300 (natural resources and
environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2001 2002 2003 2004 2005
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 0 0 0 -1 -1
Estimated Outlays............... 0 0 0 -1 -1
CHANGES IN DIRECT SPENDING
Estimated Budget Authority...... 0 0 0 0 0
Estimated Outlays...............
Receipts from land sales.... 0 -3 -2 0 0
Spending of sales receipts.. 0 1 4 0 0
---------------------------------------
Net Change in outlays..... 0 -2 2 0 0
------------------------------------------------------------------------
Basis of estimate: Based on information from the Forest
Service, CBO estimates that S. 1936 would increase both
offsetting receipts and direct spending by as much as $5
million over the 2002-2003 period. We also estimate that
implementing the legislation would yield discretionary savings
of $1 million a year starting in 2004.
Direct spending
S. 1936 would authorize the Secretary of Agriculture sell
certain parcels of land in the Deschutes National Forest in
Oregon. According to the Forest Service, the parcels to be sold
currently generate no significant receipts, and the agency does
not expect them to generate significant receipts over the next
10 years. Based on information from the Forest Service about
the estimated value of the parcels, we estimate that selling
them would increase offsetting receipts by $3 million in 2002
and $2 million in 2003.
The legislation would authorize the Secretary to retain and
spend, without further appropriation, any proceeds generated
from the sale of those properties to construct a new
administrative facility and a new bunkhouse. Based on
information from the Forest Service, we estimate that
constructing the new buildings would cost $1 million in 2002
and $4 million in 2003.
Spending subject to appropriation
Implementing S. 1936 also would affect discretionary
spending. Under current law, the Forest Service spends about $1
million each year to rent the administrative site currently
used for the Deschutes National Forest. Assuming that increased
receipts are sufficient to cover the costs of constructing the
new administrative facility authorized by S. 1936 and that the
facility is complete by the end of fiscal year 2003,
implementing this legislation could reduce the need for future
appropriations and reduce discretionary spending by $1 million
annually starting in 2004.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. Because
enacting S. 1936 would increase both offsetting receipts and
direct spending, pay-as-you-go procedures would apply. The net
changes in outlays that are subject to pay-as-you-go procedures
are shown in the following table. For the purposes of enforcing
pay-as-you-go procedures, only the effects in the budget year
and the succeeding four years are counted.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays........................ 0 -2 2 0 0 0 0 0 0 0
Changes in receipts....................... Not applicable
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 1936
contains no intergovernmental or private-sector mandates as
defined in UMRA. Any expenditures by state or local governments
to purchase forest system land, as authorized by this
legislation, would be voluntary.
Previous CBO estimate: On March 30, 2000, CBO transmitted a
cost estimate for S. 1936 as ordered reported by the Senate
Committee on Energy and Natural Resources on February 23, 2000.
The Senate version of this legislation would authorize the
Forest Service to sell an additional parcel of land, and our
estimate of the increase in offsetting receipts and direct
spending that would result under that version is $1 million
higher.
Estimate prepared by: Federal Costs: Megan Carroll. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Lauren Marks.
Estimate 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.
COMMITTEE CORRESPONDENCE
House of Representatives,
Committee on Resources,
Washington, DC, October 4, 2000.
Hon. Larry Combest,
Chairman, Committee on Agriculture, Longworth House Office Building,
Washington, DC
Dear Mr. Chairman: On September 20, 2000, the Committee on
Resources ordered favorably reported with amendment S. 1936,
the Bend Pine Nursery Land Conveyance Act. The bill would
authorize the Secretary of Agriculture to sell or exchange all
or part of certain administrative sites and other National
Forest System land in the State of Oregon and use the proceeds
derived from the sale or exchange for National Forest System
purposes. The bill was referred to the Committee on Resources,
but I believe that the Committee on Agriculture has a
jurisdictional interest in the bill. Because of the great
interest of Congressman Greg Walden, I would like to schedule
S. 1936 for consideration by the House of Representatives
before we adjourn in the next few days and ask if you would
forego seeking a sequential referral of the bill.
I recognize that this action would not be considered as
precedent for any future referrals of similar measures or seen
as affecting your Committee's jurisdiction over the subject
matter of the bill. Moreover, if the bill is conferenced with
the Senate, I would support naming Agriculture Committee
members to the conference committee. I would also be pleased to
include this letter and your response in the Committee bill
report on the bill.
Thank you again for your consideration of my request. I
have greatly appreciated your extensive cooperation and that of
your staff during my years as Chairman of the Resources
Committee, and I look forward to our continued work together in
the 107th Congress.
Sincerely,
Don Young,
Chairman.
------
House of Representatives,
Committee on Agriculture,
Washington, DC, October 4, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building,
Washington, DC
Dear Mr. Chairman: Thank you for forwarding a draft copy of
the Committee report to accompany S. 1936, a bill to authorize
the Secretary of Agriculture to sell or exchange all or part of
certain administrative sites and other National Forest System
land in the State of Oregon and use the proceeds derived from
the sale or exchange for National Forest System purposes, as
ordered reported by your Committee on September 20, 2000.
Under clause 1(a) of Rule X, the Committee on Agriculture
has jurisdiction over bills relating to forestry in general and
forest reserves other than those created from the public
domain. In exercising this jurisdiction, the Committee on
Agriculture has worked cooperatively in the past with your
Committee regarding general matters relating to forestry.
Aware of your interest in expediting this legislation, the
Committee on Agriculture will agree to waive jurisdiction and
will not seek a sequential referral in order to speed its
timely consideration in the House. In doing so, the Committee
on Agriculture does not waive any future jurisdiction claim
over this or similar measures, and reserves the right to seek
appropriate representation in the event the measure should go
to conference.
Once again, I am grateful for the cooperative spirit in
which you have worked regarding this matter and others between
our respective committee.
Sincerely,
Larry Combest,
Chairman.