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[Senate Report 111-139]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 289
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-139

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                      LA PINE LAND CONVEYANCE ACT

                                _______
                                

                 March 2, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1140]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1140) to direct the Secretary of the 
Interior to convey certain Federal land to Deschutes County, 
Oregon, having considered the same, reports favorably thereon 
with an amendment and recommends 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 ``La Pine Land Conveyance Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) City.--The term ``City'' means the City of La Pine, 
        Oregon.
          (2) County.--The term ``County'' means the County of 
        Deschutes, Oregon.
          (3) Map.--The term ``map'' means the map entitled ``La Pine, 
        Oregon Land Transfer'' and dated December 11, 2009.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Director of the Bureau of Land 
        Management.

SEC. 3. CONVEYANCES OF LAND.

  (a) In General.--As soon as practicable after the date of enactment 
of this Act, subject to valid existing rights and the provisions of 
this Act, and notwithstanding the land use planning requirements of 
sections 202 and 203 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the City or 
County, without consideration, all right, title, and interest of the 
United States in and to each parcel of land described in subsection 
(b).
  (b) Description of Land.--The parcels of land referred to in 
subsection (a) consist of--
          (1) the approximately 150 acres of land managed by the Bureau 
        of Land Management, Prineville District, Oregon, depicted on 
        the map as ``parcel A'', to be conveyed to the County, which is 
        subject to a right-of-way retained by the Bureau of Land 
        Management for a power substation and transmission line;
          (2) the approximately 750 acres of land managed by the Bureau 
        of Land Management, Prineville District, Oregon, depicted on 
        the map as ``parcel B'', to be conveyed to the County; and
          (3) the approximately 10 acres of land managed by the Bureau 
        of Land Management, Prineville District, Oregon, depicted on 
        the map as ``parcel C'', to be conveyed to the City.
  (c) Availability of Map.--The map shall be on file and available for 
public inspection in the appropriate offices of the Bureau of Land 
Management.
  (d) Use of Conveyed Land.--
          (1) In general.--Consistent with the Act of June 14, 1926 
        (commonly known as the ``Recreation and Public Purposes Act'') 
        (43 U.S.C. 869 et seq.), the land conveyed under subsection (a) 
        shall be used for the following public purposes and associated 
        uses:
                  (A) The parcel described in subsection (b)(1) shall 
                be used for outdoor recreation, open space, or public 
                parks, including a rodeo ground.
                  (B) The parcel described in subsection (b)(2) shall 
                be used for a public sewer system.
                  (C) The parcel described in subsection (b)(3) shall 
                be used for a public library, public park, or open 
                space.
          (2) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions for the 
        conveyances under subsection (a) as the Secretary determines to 
        be appropriate to protect the interests of the United States.
  (e) Administrative Costs.--The Secretary shall require the County to 
pay all survey costs and other administrative costs associated with the 
conveyances to the County under this Act.
  (f) Reversion.--If the land conveyed under subsection (a) ceases to 
be used for the public purpose for which the land was conveyed, the 
land shall, at the discretion of the Secretary, revert to the United 
States.

                                PURPOSE

    The purpose of S. 1140 is to direct the Secretary of 
Interior to convey approximately 910 acres of land administered 
by the Bureau of Land Management to Deschutes County, Oregon.

                          BACKGROUND AND NEED

    The town of La Pine in Deschutes County, Oregon, is an 
incorporated town located in the central part of the state. The 
majority of land within La Pine Township is federally owned and 
the community has expressed interest in acquiring additional 
land to serve public purposes, including land for public parks, 
a rodeo ground facility, and expansion of the town's wastewater 
treatment operations.
    S. 1140 directs the Secretary of the Interior to transfer 
150 acres of Bureau of Land Management (BLM) land contiguous to 
the La Pine city limit on its western boundary to enable 
construction of a rodeo facility. In addition, the land will 
provide a location for future development of ball fields, 
parks, and recreation facilities as budgets allow.
    Additionally, S. 1140 provides for the transfer of 
approximately 750 acres of BLM land to Deschutes County for the 
purpose of expanding the town's wastewater treatment operation. 
The transfer will allow the community to compete for state and 
Federal economic stimulus funds while addressing water quality 
issues by reducing nitrate loading in the groundwater. As 
ordered reported, S. 1140 also conveys 10 acres of BLM land to 
Deschutes County for a public library and for open space.

                          LEGISLATIVE HISTORY

    Senator Wyden introduced S. 1140 on May 21, 2009. The 
Subcommittee on Public Lands and Forests held a hearing on the 
bill on June 17, 2009 (S. Hrg. 111-65). At its business meeting 
on December 16, 2009, the Committee on Energy and Natural 
Resources ordered S. 1140 favorably reported, with amendment in 
the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1140, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1140, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
corrects the acreage of the lands to be conveyed, and 
authorizes an additional conveyance of 10 acres for use as a 
public library or for a public park. The amendment is explained 
in detail in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title for the bill, the ``La 
Pine Land Conveyance Act''.
    Section 2 defines key terms used in the legislation.
    Section 3(a) directs the Secretary of the Interior to 
convey to the City of La Pine or the County of Deschutes, 
Oregon, without consideration, all right, title, and interest 
of the United States in and to each of the three parcels of 
land, as described in subsection (b).
    Subsection (b) describes the parcels of land to be 
conveyed, including: 150 acres of Bureau of Land Management 
(BLM) land for outdoor recreation, open space, or public parks, 
including a rodeo ground; 750 acres of BLM land for a public 
sewer system; and 10 acres of BLM land for a public library, 
public park, or open space.
    Subsection (c) provides that the map identifying the lands 
to be conveyed shall be available for public inspection in the 
appropriate offices of the BLM.
    Subsection (d) describes the allowed uses of the lands to 
be conveyed, and authorizes the Secretary of the Interior to 
require any additional terms and conditions that the Secretary 
determines to be appropriate to protect the interests of the 
United States.
    Subsection (e) requires the County to pay all survey costs 
and other administrative costs associated with the conveyances.
    Subsection (f) states that if the land conveyed ceases to 
be used for public purposes, the land shall, at the discretion 
of the Secretary, revert to the United States.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 1140--La Pine Land Conveyance Act

    S. 1140 would direct the Bureau of Land Management (BLM) to 
convey, without consideration, 910 acres of land in Oregon to 
certain local governments. Based on information provided by 
BLM, CBO estimates that implementing S. 1140 would have no 
significant effect on discretionary spending. Enacting the bill 
would have no significant effect on direct spending and would 
not affect revenues.
    Under S. 1140, BLM would convey two parcels of land 
totalling 900 acres to Deschutes County and one parcel of 10 
acres to the city of La Pine. The conveyed properties would be 
used for various public purposes, including recreation. 
Deschutes County would be responsible for administrative costs 
associated with conveying the land that it would receive.
    Because some of the property to be conveyed under S. 1140 
has already been identified by BLM for potential sale, CBO 
estimates that enacting the bill would reduce offsetting 
receipts (a credit against direct spending). However, we expect 
that any such sale would be conducted under the Recreation and 
Public Purposes Act (RPPA), which allows state or local 
governments to receive federal property at less than fair 
market value. Therefore, we estimate that any loss of receipts 
that would result from donating the property to the county or 
the city (rather than selling it under the RPPA) would be less 
than $500,000. We further estimate that any discretionary costs 
of the conveyances would be negligible.
    S. 1140 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. 
The land conveyance authorized in the bill would benefit the 
city of La Pine and Deschutes County. Any costs to those 
entities would be incurred voluntarily.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, 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. 1140.
    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. 1140, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1140, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior 
was included in testimony received by the Committee on Energy 
and Natural Resources at a hearing on S. 1140 on June 17, 2009.

Statement of Ned Farquhar, Deputy Assistant Secretary, Land & Minerals 
                 Management, Department of the Interior

    Thank you for the opportunity to testify on S. 1140, the La 
Pine Land Conveyance Act. The BLM does not object to the 
conveyances in S. 1140. We note that these conveyances are 
consistent with our existing authority under the Recreation and 
Public Purposes (R&PP) Act, so they could be accomplished 
administratively. We would also like to work with the sponsor 
and the Committee on modifications to parcel boundaries.

                               background

    La Pine is a rural community located in southern Deschutes 
County, Oregon. The BLM and the City of La Pine have a long 
history of working together and have completed several 
Recreation and Public Purposes (R&PP) Act conveyances, 
including the sites of the La Pine library and fire station. 
Since La Pine is surrounded by BLM-administered lands, 
community leaders have held ongoing discussions with the BLM 
concerning the city's need for additional land to serve other 
public purposes.
    The R&PP Act authorizes the Secretary of the Interior to 
lease or convey public lands for recreational and public 
purposes, including campgrounds, municipal buildings, 
hospitals, and other facilities benefitting the public. The La 
Pine Special Sewer District submitted an R&PP application to 
BLM's Prineville District Office in 2007, and an amended 
application in January 2009, for 750 acres of BLM-administered 
lands on the eastern edge of the La Pine city limits. Their 
intention is to use the lands to expand their current 
wastewater treatment facilities. The parcel is largely vacant, 
but does contain a number of rights-of-way including a natural 
gas pipeline, transmission line, and roads. This parcel of land 
is shown as ``Parcel B'' on the map prepared at the request of 
Senator Wyden, dated May 22, 2009.
    Additionally, the City of La Pine has expressed an interest 
in developing a public rodeo grounds and equestrian center on a 
320-acre parcel of BLM-administered lands adjacent to the 
southwest border of the city. This parcel is also largely 
vacant, but contains a number of rights-of-way, including a 
road and transmission lines. This parcel of land is shown as 
``Parcel A'' on the map prepared at the request of Senator 
Wyden, dated May 22, 2009.

                                s. 1140

    S. 1140 proposes to convey, at no cost, to Deschutes 
County, Oregon, all right, title and interest of the United 
States to the two parcels (320 acres and 750 acres), detailed 
on the map prepared at the request of Senator Wyden, dated May 
22, 2009. These conveyances would be subject to valid existing 
rights and are intended to address the city's stated need for 
additional land to accommodate the expansion of its wastewater 
treatment facilities and provide land for the development of a 
public rodeo grounds and equestrian center.
    The bill requires that the two parcels of land be used only 
for purposes consistent with the R&PP Act and includes a 
reversionary clause to enforce that requirement. Finally, the 
bill requires the County to pay all administrative costs 
associated with the transfer.
    As a matter of policy, the BLM supports working with local 
governments to resolve land tenure issues that advance 
worthwhile public policy objectives. In general, the BLM 
supports the proposed conveyances, as they are consistent with 
the existing R&PP authority. We also recommend modifying the 
boundaries of Parcel A to address an important travel corridor 
and shelter area for elk along the Little Deschutes River.

                               conclusion

    Thank you for the opportunity to testify. We look forward 
to working with Senator Wyden and the Committee to address the 
needs of La Pine, Oregon.

                        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. 1140 as ordered 
reported.
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