[Senate Report 109-306]
[From the U.S. Government Publishing Office]
Calendar No. 549
109th Congress Report
SENATE
2d Session 109-306
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EUGENE LAND CONVEYANCE ACT
_______
July 31, 2006.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2150]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2150) to direct the Secretary of Interior
to convey certain Bureau of Land Management land to the City of
Eugene, Oregon, 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 2, lines 4 and 5, strike ``Not later than 60
days after the date of enactment of this Act'' and insert
``Except as provided in subsection (c)''.
2. On page 2, strike lines 14 through 25 and insert the
following:
``(1) In general.--The land referred to in subsection
9a) is the parcel of approximately 12 acres of land
under the administrative jurisdiction of the Bureau of
Land Management in Lane County, Oregon, as depicted on
the map entitled ``West Eugene Wetlands Land Transfer''
and dated April 11, 2005.
``(2) Survey.--
``(A) In general.--The legal description of
the land described in paragraph (1) may be
based on the survey of the land completed in
1979.''.
3. On page 3, line 12, insert ``, at the discretion of the
Secretary,'' before ``revert''.
PURPOSE OF THE MEASURE
The purpose of S. 2150 is to direct the Secretary of the
Interior to convey 12 acres of land administered by the Bureau
of Land Management to the city of Eugene, Oregon.
BACKGROUND AND NEED
S. 2150 authorizes the transfer of 12 acres from the Bureau
of Land Management (BLM) to the city of Eugene for the purpose
of constructing the West Eugene Environmental Education Center
(WEEEC). The WEEEC is a planned campus that will eventually
hold laboratories, greenhouses, a reference library, and public
gathering places including an exhibit hall, auditorium, and
three classrooms that will serve the 2,200 acre West Eugene
Wetlands.
The WEEEC was established through the West Eugene Wetland
Partnership. The Partnership is made up of the BLM, Eugene
School Districts, Northwest Youth Corp, and the Willamette
Resources and Educational Network.
The development of the education center will be the
culmination of over a decade of work on the part of local
residents to preserve the West Eugene Wetlands. The BLM has
used $12 million of LWCF land acquisition to purchase over
1,400 acres of wetlands for the purpose of consolidating the
land base for the center.
The parcel to be conveyed under S. 2150 was acquired by the
BLM in 1979 with Oregon and California Lands Act (O&C)
appropriated funds. The BLM originally planned to build its
Eugene District Office on the parcel, but because much of the
site is occupied by wetlands, a different location was
ultimately selected for the office. A parcel such as this would
typically be conveyed under the authority of the Recreation and
Public Purpose Act (R&PP) (43 USC 869 et seq.). However,
because the parcel was purchased with O&C funds, the R&PP Act
does not apply and legislation is necessary to transfer the
property.
LEGISLATIVE HISTORY
S. 2150 was introduced on December 20, 2005, by Senators
Wyden and Smith. The Subcommittee on Public Lands and Forests
held a hearing on S. 2150 on March 29, 2006. At the business
meeting on May 24, 2006, the Committee on Energy and Natural
Resources ordered S. 2150 favorably, reported with amendments.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 24, 2006, by a unanimous voice vote of
a quorum present recommends that the Senate pass S. 2150, if
amended as described herein.
COMMITTEE AMENDMENTS
During its consideration of S. 2150, the Committee adopted
three amendments. Amendment No. 1 removes a time requirement to
complete the conveyance. Amendment No. 2 corrects the map
reference and establishes that an existing 1979 survey may
serve as a basis for the legal description of the land to be
conveyed. Amendment No. 3 provides discretion for the Secretary
on imposing the reversionary clause.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2 provides the short title and defines key
terms.
Section 3(a) directs the Secretary of the Interior to
convey land to the city of Eugene, Oregon for the purposes of
establishing a wildlife viewing area and an environmental
education center.
Subsection (b) describes the land to be conveyed and
specifies that an existing 1979 survey is adequate for the
purposes of the conveyance.
Subsection (c) provides that the parcel shall revert back
to the United States (at the discretion of the Secretary of the
Interior) if it is not being used for the purpose specified in
the bill.
Subsection (d) authorizes the Secretary of the Interior to
include other additional terms and conditions as the Secretary
determines to be appropriate to protect the interests of the
United States.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
S. 2150--Eugene Land Conveyance Act
S. 2150 would direct the Secretary of the Interior to
convey certain property in Oregon to the city of Eugene. CBO
estimates that enacting S. 2150 would have no significant
impact on the federal budget and would not affect revenues or
direct spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on budgets on state, local, or tribal
governments. Enacting this legislation would benefit the city
of Eugene.
Under S. 2150, the Bureau of Land Management (BLM) would
convey to Eugene, Oregon, for no consideration, about 12 acres
of land in Lane County. Based on information provided by BLM,
we estimate that the administrative costs of completing the
conveyance would not be significant. Also, the land to be
conveyed under S. 2150 generates no offsetting receipts that
would be forgone if the bill is enacted.
The CBO staff contact for this estimate is Deborah Reis.
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. 2150. 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. 2150.
EXECUTIVE COMMUNICATIONS
The views of the Administration that were included in
testimony provided by the Department of the Interior at the
Subcommittee hearing follows:
Statement of Lawrence E. Benna, Deputy Director, Bureau of Land
Management, Department of the Interior
Mr. Chairman, thank you for the opportunity to testify. The
Bureau of Land Management (BLM) manages 261.8 million acres of
surface land primarily in 12 western states. As the Nation's
largest Federal land manager, the BLM administers the public
lands for a wide range of multiple uses including energy
production, outdoor recreation, livestock grazing, and by
conserving natural, historical, cultural, and other resources.
The Federal Land Policy and Management Act (FLPMA) directs the
BLM to make decisions about the appropriate use of the public
lands through the development of resource management plans
using a collaborative public process.
FLPMA allows the BLM to convey lands out of public
ownership if, for example, they have been identified for
disposal through the BLM land use planning process in order to
serve important public objectives, such as community expansion
and economic development. In partnering with local communities
across the West, we understand their needs and are supportive
of efforts that ensure a balanced approach to local land use
management. As a matter of both policy and practice, the BLM
generally requires receipt of fair market value for any public
lands transferred out of public ownership. This serves to
ensure that taxpayers are fairly compensated for the removal of
public lands from Federal ownership while also supporting local
communities.
The various BLM-related bills before the Subcommittee today
cover a wide range of Federal land issues, but at their core
all are intended to support the needs of local communities. I
will discuss each bill individually.
S. 2150. EUGENE LAND CONVEYANCE ACT
S. 2150, the Eugene Land Conveyance Act, directs the
Secretary of the Interior to convey to the City of Eugene,
Oregon, without consideration and subject to valid existing
rights, a parcel of approximately 12 acres currently under the
administrative jurisdiction of the BLM for the purposes of
constructing an environmental education center and establishing
a wildlife viewing area. The BLM supports the conveyance
authorized by S. 2150; however, we have some concerns and would
appreciate the opportunity to work with the sponsor and the
Committee on minor technical amendments.
The parcel to be conveyed under S. 2150 is located within
the city limits of Eugene, Oregon. The BLM purchased the parcel
on September 21, 1979, with $510,000 of Oregon and California
Lands Act (O&C) appropriated funds. The BLM originally planned
to build its Eugene District Office on the parcel; however,
about half the site was determined to be occupied by wetlands,
and the Eugene office was built at another location. We have
not had the site appraised since the original purchase.
If the parcel to be conveyed under S. 2150 were public
domain land, the BLM could convey it under the authority of the
Recreation and Public Purposes (R&PP) Act (43 U.S.C. 869 et
seq.). However, because the BLM purchased the parcel with O&C
funds, it is designated as ``Revested O&C Railroad Grant
Lands'', and the R&PP Act does not apply.
An old ranch house located on the parcel, known as the
``Red House'', was converted for office use and currently hosts
employees and volunteers associated with the West Eugene
Wetlands (WEW) Partnership. The WEW Partnership includes the
BLM, the City of Eugene, The Nature Conservancy, the U.S. Army
Corps of Engineers, the Oregon Youth Conservation Corps, the
U.S. Fish and Wildlife Service, the McKenzie River Trust, and
the Willamette Resources and Educational Network (WREN). The
WEW Partnership (primarily the City of Eugene and The Nature
Conservancy) have worked to leverage Federal dollars to reach
nearly $4.5 million for acquisition and management of the
wetlands.
In addition, the Eugene 4J School District and the Bethel
School District joined with the WEW Partnership to form the WEW
Education Center Partnership. This group is working to build
the Wetlands Education Center on the parcel to be conveyed
under S. 2150. The wetlands education program has secured
funding from a wide variety of public and private sources,
including the U.S. Department of Education, the City of Eugene,
the Eugene 4J School District, the Environmental Protection
Agency, the Oregon Watershed Enhancement Board, the Collins
Foundation, and private donations. The Education Center will
contain the Rachel Carson Center for Natural Resources (a 4J
High School), the Northwest Youth Corps, laboratories and green
houses, visiting classrooms and office space for WEW
Partnership staff. In May 2002, voters in Eugene approved a
school bond that included the first installment for
construction of the Rachel Carson Center for Natural Resources.
The following are concerns we would like to address through
technical amendments:
Survey: The BLM has a survey from its purchase of
the property in 1979 that is adequate to support the BLM's
issuing a Quit Claim Deed to the City of Eugene. If this meets
the sponsor's intentions, Section 3(b)(1) should be amended to
state ``12.36 acres,'' and the ``Survey'' in section 3(b)(2)
should refer to the existing survey from the 1979 acquisition.
Reversion: We urge that Section 3(c) be amended to
make reversion at the Secretary's discretion.
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. 2150, as
ordered reported.