```

[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.

                                  

```