II

Calendar No. 362

106TH CONGRESS

1ST SESSION S. 977

[Report No. 106–206]

To provide for the conveyance by the Bureau of Land Management to Douglas

County, Oregon, of a county park and certain adjacent land.

IN THE SENATE OF THE UNITED STATES

MAY 6, 1999

Mr. SMITH of Oregon (for himself and Mr. WYDEN) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

NOVEMBER 2, 1999

Reported by Mr. MURKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To provide for the conveyance by the Bureau of Land Management to Douglas County, Oregon, of a county park

and certain adjacent land.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Miwaleta Park Expan5 sion Act’’.
2

S 977 RS

1 SEC. 2. LAND CONVEYANCE, BUREAU OF LAND MANAGE2 MENT LAND, DOUGLAS COUNTY, OREGON.

3 (a) IN GENERAL.—

4 (1) CONVEYANCE.—The Secretary of the Inte5 rior (referred to in this section as the ‘‘Secretary’’)

6 shall convey, without consideration, to Douglas

7 County, Oregon (referred to in this section as the

8 ‘‘County’’), all right, title, and interest of the United

9 States in and to a parcel of land (including improve10 ments on the land) described in paragraph (2) and

11 consisting of—

12 (A) Miwaleta Park, a county park man13 aged under agreement by the County on Fed14 eral land managed by the Bureau of Land Man15 agement; and

16 (B) an adjacent tract of Federal land man17 aged by the Bureau of Land Management.

18 (2) LEGAL DESCRIPTION.—The parcel of land

19 referred to in paragraph (1) is the parcel in the

SW1⁄4 of the NE1⁄4; SE1⁄4 of the NW1 20 ⁄4 of sec. 27,

21 T. 31 S., R. 4 W., W.M., Douglas County, Oregon,

22 described as follows:

23 The property lying between the southerly right24 of-way line of the relocated Cow Creek County

25 Road No. 36 and contour elevation 1881.5

26 MSL, comprising approximately 28.50 acres.
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S 977 RS

1 (b) USE OF LAND.—

2 (1) IN GENERAL.—After conveyance of land

3 under subsection (a), the County may manage and

4 exercise any program or policy that the County con5 siders appropriate in the use of the land for park

6 purposes.

7 (1) IN GENERAL.—After conveyance of land

8 under subsection (a), the County shall manage the

9 land for public park purposes in a manner so as not

10 to adversely affect attainment of the objectives of the

11 adjacent Late Successional Reserve as described in the

12 Northwest Forest Plan, and in accordance with a

13 management plan for the area developed in coopera14 tion with the United States Fish and Wildlife Service.

15 (2) REVERSIONARY INTEREST.—

16 (A) IN GENERAL.—If the Secretary deter17 mines that the land conveyed under subsection

18 (a) is not being used for park purposes—

19 (A) IN GENERAL.—If the Secretary deter20 mines that the land conveyed under subsection

21 (a) is not being used for public park purposes,

22 at the option of the Secretary—

23 (i) all right, title, and interest in and

24 to the land, including any improvements on
4

S 977 RS

1 the land, shall revert to the United States;

2 and

3 (ii) the United States shall have the

4 right of immediate entry onto the land.

5 (B) DETERMINATION ON THE RECORD.—

6 Any determination of the Secretary under sub7 paragraph (A) shall be made on the record.

8 (c) SURVEY.—The exact acreage and legal descrip9 tion of the land to be conveyed under subsection (a) shall

10 be determined by a survey satisfactory to the Secretary

11 and paid for by the County.

12 (d) IMPACT ON FERC WITHDRAWAL.—

13 (1) IN GENERAL.—The conveyance of land

14 under subsection (a) shall have no effect on the con15 ditions and rights provided in Federal Energy Regu16 latory Commission Withdrawal No. 7161.

17 (2) CONFLICTS.—In a case of conflict between

18 the use of the conveyed land as a park and the pur19 poses of the withdrawal, the purposes of the with20 drawal shall prevail.

21 (e) COSTS OF CONVEYANCE.—Except as provided in

22 subsection (c), costs associated with the conveyance under

23 subsection (a) shall be borne by the party incurring the

24 costs.
5

S 977 RS

1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyance under subsection (a) as

4 the Secretary considers appropriate to protect the inter5 ests of the United States.
Calendar No. 362

106TH CONGRESS

1ST SESSION S. 977

[Report No. 106–206]

A BILL

To provide for the conveyance by the Bureau of

Land Management to Douglas County, Oregon,of a county park and certain adjacent land.

NOVEMBER 2, 1999

Reported with amendments