99–010

Calendar No. 596

107TH CONGRESS REPORT " SENATE ! 2d Session 107–277

DESCHUTES AND CROOK COUNTIES, OREGON

SEPTEMBER 12, 2002.—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. 2482 ] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2482) to direct the Secretary of the Interior to 

grant to Deschutes and Crook Counties in the State of Oregon a 

right-of-way to West Butte Road, 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 out all after the enacting clause and insert in lieu thereof 

the following:

SECTION 1. COUNTY-RIGHT-OF-WAY TO WEST BUTTE ROAD IN THE STATE OF OREGON 

(a) DEFINITIONS.—In this Act. 

(1) WEST BUTTE ROAD.—The term ‘‘West Butte Road’’ means the unpaved Bureau of Land Management road in the State of Oregon identified on the map 

as BLM Road 6520. 

(2) COUNTY.—The term ‘‘County’’ means each of Crook County and Deschutes 

County in the State of Oregon. 

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘West Butte Road Right 

of Way’’ dated July 17, 2002. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, 

acting through the Director of the Bureau of Land Management. 

(b) GRANT TO COUNTIES.—Effective on the date the Secretary has received from 

a county notice that the county relinquishes any right in and to a right-of-way 

under section 2477 of the Revised Statutes (43 U.S.C. 932 note) by such county to 

the portion of the road known as George Millican Road that is located in the area 

described in subsection (c)(1), such county is granted a right-of-way to the West 

Butte Road located within such county by operation of law, subject only to the common terms, conditions, and stipulations identified in the county’s rights-of-way 

grants that apply on the date of enactment of this Act. 

(c) BOUNDARIES.—

(1) IN GENERAL.—Subject to paragraph (2), the rights-of-way granted under 

subsection (b) shall—

(A) extend in length from Reservoir Road in Crook County to United 

States Route 20 in Deschutes County, Oregon; and 

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(B) shall extend in width 100 feet on each side of the centerline of West 

Butte Road. 

(2) MODIFICATIONS.—

(A) STATE ROADS.—The Secretary shall modify the existing rights-of-way 

of each of the counties as contained in its respective road case file to include the rights-of-way granted under subsection (b). 

(B) WEST BUTTE ROAD.—The Secretary shall adjust the right-of-way width 

and alignment granted under subsection (b) in portions of the West Butte 

Road as necessary to meet applicable State and Federal highway standards.

PURPOSE

The purpose of S. 2482 is to direct the Secretary of the Interior 

to grant to Deschutes and Crook Counties in the State of Oregon 

a right-of-way to West Butte Road upon the relinquishment by the 

counties of rights-of-way claims to the nearby George Millican 

Road. 

BACKGROUND AND NEED

The community of Prineville, in Crook County, Oregon, proposes 

construction of a paved road to connect the community with U.S. 

Highway 20 to provide an alternative route for both passenger and 

commercial traffic traveling between Portland, Oregon and Boise, 

Idaho. The proposed paved road would also assist Prineville industry by routing traffic towards the Prineville/Crook County Industrial Parks, which have been reserved with the intent of improving 

industrial diversification within the county. 

Environmental benefits would also result from enactment of this 

legislation. The proposed road would traverse flat desert and reclaim an old highway straightaway. In contrast, improving the current roadway to accommodate traffic would likely result in damage 

to the nearby Crooked River and riparian zones. Traffic congestion 

would also be reduced on the overcrowded highway 97 as it passes 

through Bend and Redmond, Oregon. 

The proposed right-of-way is currently being considered by the 

BLM on the basis of revision to its existing Upper Deschutes Resource Management Plan. BLM’s decision will entail an extensive 

process and involve significant delays, possibly as much as four to 

six years. 

Enactment of S. 2482 will facilitate the transfer of the West 

Butte Road right-of-way to expedite construction of the new road. 

LEGISLATIVE HISTORY

S. 2482 was introduced by Senator Wyden on May 8, 2002. Senator Smith of Oregon was added as a cosponsor on June 17, 2002. 

The Subcommittee on Public Lands and Forests held a hearing on 

S. 2482 on June 18, 2002. At the business meeting on July 31, 

2002, the Committee on Energy and Natural Resources ordered S. 

2482, as amended, favorably reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 31, 2002, by a voice vote of a quorum present, 

recommends that the Senate pass S. 2482, if amended as described 

herein. 

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COMMITTEE AMENDMENT

During the consideration of S. 2482, the Committee adopted an 

amendment in the nature of a substitute. The amendment corrects 

references to the applicable maps and made other clarifying 

changes.

SECTION-BY-SECTION ANALYSIS

Section 1 (a) defines key terms. 

Subsection (b) requires the Secretary of the Interior to grant to 

Crook County and Deschutes County a right-of-way to the West 

Butte Road, effective on the date the Secretary receives notice from 

each country that it is relinquishing any R.S. 2477 rights-of-way 

claim to the George Millican Road. 

Subsection (c) requires the Secretary to adjust the boundaries of 

the right-of-way to meet approved standards applicable to an improved road. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 7, 2002. 

Hon. JEFF BINGAMAN, 

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. 2482, a bill to direct the 

Secretary of the Interior to grant to Deschutes and Crook Counties 

in the state of Oregon a right-of-way to West Butte Road. 

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, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 2482—A bill to direct the Secretary of the Interior to grant to 

Deschutes and Crook Counties in the state or Oregon a rightof-way to West Butte Road 

CBO estimates that enacting S. 2482 would have no significant 

impact on the federal budget. The bill would not affect direct 

spending or receipts; therefore, pay-as-you-go procedures would not 

apply. 

S. 2482 would direct the Secretary of the Interior to grant to 

Deschutes and Crook Counties, Oregon, rights-of-way to the West 

Butte Road, which was constructed in 1968 by the Bureau of Land 

Management (BLM) through lands owned by that agency. In exchange, those counties would relinquish right-of-way interests in 

the George Millican Road, which passes through the same segment 

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of federal land as the West Butte Road. According to BLM, the 

agency currently collects no fees for the affected rights-of-way, and 

exchanging them would not affect the agency’s costs to manage the 

surrounding lands. 

S. 2482 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 rightof-way grant authorizes by this bill would benefit the state of Oregon and the affected local governments in the state. Any costs 

that these governments would incur to meet the conditions of this 

grant would be voluntary. 

On July 30, 2002, CBO transmitted a cost estimate for H.R. 

4853, similar legislation, as ordered reported by the House Committee on Resources on July 24, 2002. The two bills are substantively similar, and our cost estimates are the same. 

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. 2482. 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. 2482, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The pertinent legislative report received by the Committee from 

the Department of the Interior setting forth Executive agency recommendations relating to S. 2482 is set forth below:

U.S. DEPARTMENT OF THE INTERIOR, 

OFFICE OF THE SECRETARY, 

Washington, DC, June 25, 2002. 

Hon. JAMES V. HANSEN, Chairman, Committee on Resources, 

U.S. House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: This letter sets forth the views of the Department of the Interior on S. 2482, a bill ‘‘to direct the Secretary 

of the Interior to grant to Deschutes and Crook Counties in the 

State of Oregon a right-of-way to West Butte Road.’’ The bill also 

provides for the relinquishment of right-of-way interests in the 

George Millican Road (or ‘‘Old Millican Road’’). 

The Department supports the goal of S. 2482, to grant the rightof-way to the Oregon counties, but we would like to work with the 

Committee on amendments to the bill to provide for a process that 

would include community involvement in addressing issues related 

to conflicts with recreational uses and wildlife concerns in the area. 

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The population of central Oregon has been expanding rapidly, 

and for Crook County, Oregon, one of the integral components to 

this growth is the West Butte Road. The Bureau of Land Management (BLM) constructed the West Butte Road in 1968. It is a fairly 

straight road, approximately 14 miles in length that has become 

the preferred route from Four Corners to Highway 20. Crook County has maintained it for several years under a cooperative maintenance agreement with the BLM. Deschutes County sees this road 

as a means of relieving some of the traffic burden from Highway 

97 in the ever-growing Bend and Redmond communities. 

In 1968, the State of Oregon designated Highway 27, currently 

located further to the east near Prineville Reservoir, as a State 

Highway with the understanding that a new route for the road 

would be created. It was recognized that the current alignment of 

Highway 27—the only State Highway in Oregon that still has unpaved portions—could not be improved for economic reasons and 

physical limitations. Later, both State and Federal agencies recognized the natural values of the Crook River Canyon, which further 

reduced the desirability of upgrading Highway 27 in its current location. Ultimately, West Butte Road became the most likely replacement route for Highway 27. 

The George Millican Road, meanwhile, extends from Prineville to 

Lakeview and was recognized in 1915 by Crook County as a country road. The northern segment of the road was converted to a 

right-of-way in 1991 and is no longer a concern to the counties. 

However, the southern segment of road from Four Corners south 

to Highway 20, near the town of Millican continues to be an area 

of concern. The route is a single lane, unimproved road that occupies the original 1915 alignment. Currently, the BLM has several 

rights-of-way over this segment of the George Millican Road. 

Over the last three years, the BLM has been working with Crook 

and Deschutes Counties, the Oregon Department of Transportation, and Oregon Department of Fish and Wildlife identifying 

suitable alternatives to State Highway 27. One of the more suitable 

alternative routes that has been considered is the combined route 

known as the Millican and West Butte Road. The BLM’s 1989 Resource Management Plan for Prineville failed to anticipate issues 

related to the rapidly growing human population in Bend, 

Redmond, Prineville, and surrounding areas. This combination of 

changing circumstances and new information has created a need to 

revise the existing Resource Management Plan. The Upper 

Deschutes Resource Management Plan is currently being prepared 

to address these issues, particularly the need to resolve a number 

of transportation problems including the West Butte Road. Recognizing the importance of these issues, the BLM has made the 

Upper Deschutes Resource Management Plan a priority and put it 

on a fast track, with a final Record of Decision planned for the 

Winter of 2004. 

Through this process we have agreed to consider and analyze alternative corridors to determine the route that would be most suitable for future use as a State Highway. Following completion of the 

Upper Deschutes Resource Management Plan, the BLM would be 

able to issue a decision on the right-of-way, and assuming a favorable decision for the right-of-way, determine the final alignment of 

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the road, and also determine any mitigation measures for road design. 

It is important to note that the Upper Deschutes Resource Management Plan provides intensive public and governmental collaboration. It utilizes a community-based collaborative process that 

helps solve important problems facing long-term management of 

the public lands within the planning area. It is a process that is 

deliberative and open to all. Accordingly, the BLM is using ‘‘Issue 

Teams’’ to focus on specific planning issues. Chartered by the 

Deschutes Provincial Advisory Committee, the Teams are composed 

of representatives of the general public, specific interest groups, 

permit holders, other stakeholders and relevant government agencies, including Crook and Deschutes Counties. Team members have 

been meeting since the Fall of 2001 and the majority of their work 

will involve review of public comments on the Draft Environmental 

Impact Statement for the Resource Management Plan near the end 

of 2002 or the beginning of 2003. 

Finally, the transportation analysis component of the Upper 

Deschutes Resource Management Plan could begin as early as January of 2003, and be completed after the Record of Decision on the 

Resource Management Plan is signed in the Winter of 2004. 

The Department of the Interior supports the goal of S. 2482 however, the Department believes the legislation would cut short the 

process currently underway to provide for greater community involvement in addressing issues related to final location and design 

of the West Butte Road. The Upper Deschutes Resource Management Planning process provides an appropriate vehicle for addressing and resolving this issue. The bill as currently drafted does not 

address the important issues under consideration in the Upper 

Deschutes Resource Management Planning process. 

With regard to Off-Highway Vehicle recreation use, the current 

West Butte Road splits the Millican Off-Highway Vehicle recreational use area down the middle and further development of the 

West Butte Road could create safety conflicts and limit these recreation uses in the area. The Millican Off-Highway Vehicle trail system is one of the most popular in the state, and represents a significant financial investment by the State Off-Highway Vehicle 

Committee, attracting riders state-wide. Off-Highway Vehicle use 

in BLM’s Resource Management Plan is an important issue, and 

the BLM is currently determining, on a broad-scale, how and 

where these Off-Highway Vehicle recreational uses will continue in 

the future. There is no provision in the legislation that provides for 

mitigation measures to provide for the safety of Off-Highway Vehicle users and ensure that the recreation impacts of future development of the West Butte Road are minimized. 

Another outstanding concern is the issue of wildlife in the West 

Butte Road corridor. Currently, the West Butte Road falls on the 

fringe of fragile Sage Grouse habitat and within mule deer winter 

range. The Sage Grouse populations have declined in this area due 

to a number of factors, including human disturbances. There are 

nesting populations that as currently written, does not provide for 

a way to address the potential impacts of the development of the 

West Butte Road on the Sage Grouse and mule deer populations. 

Finally, the establishment of a State Highway in the West Butte 

Road corridor may also increase the potential for development of 

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private lands that would be more easily accessed by an improved 

road, and these potential future development issues also should be 

considered. 

The Department of the Interior looks forward to working with 

the Committee to help address these issues in a meaningful way 

that will meet Central Oregon’s transportation needs. 

The Office of Management and Budget has advised that there is 

no objection to the presentation of this report from the standpoint 

of the Administration’s program. 

Sincerely, 

REBECCA W. WATSON, Assistant Secretary for Land and Minerals Management. 

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. 2482, as ordered reported.

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