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Calendar No. 259

108TH CONGRESS REPORT " SENATE ! 1st Session 108–135

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)’’.

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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 counVerDate jul 14 2003 05:38 Aug 27, 2003 Jkt 019010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR135.XXX SR135
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ty, 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. 

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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. 

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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.

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