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106TH CONGRESS

1ST SESSION H. R. 1725

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 HOUSE OF REPRESENTATIVES

MAY 6, 1999

Mr. DEFAZIO (for himself and Mr. WALDEN of Oregon) introduced the

following bill; which was referred to the Committee on Resources

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’’.

6 SEC. 2. LAND CONVEYANCE, BUREAU OF LAND MANAGE7 MENT LAND, DOUGLAS COUNTY, OREGON.

8 (a) IN GENERAL.—

9 (1) CONVEYANCE.—The Secretary of the Inte10 rior (referred to in this section as the ‘‘Secretary’’)
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1 shall convey, without consideration, to Douglas

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

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

4 States in and to a parcel of land (including improve5 ments on the land) described in paragraph (2) and

6 consisting of—

7 (A) Miwaleta Park, a county park man8 aged under agreement by the County on Fed9 eral land managed by the Bureau of Land Man10 agement; and

11 (B) an adjacent tract of Federal land man12 aged by the Bureau of Land Management.

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

14 referred to in paragraph (1) is the parcel in the SW

1⁄4 of the NE 1⁄4; SE 1⁄4 of the NW 1 15 ⁄4 of sec. 27,

16 T31S, R4W, W.M., Douglas County, Oregon, de17 scribed as follows:

18 The property lying between the southerly right19 of-way line of the relocated Cow Creek County

20 Road No. 36 and contour elevation 1881.5

21 MSL, comprising approximately 28.50 acres.

22 (b) USE OF LAND.—

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

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

25 exercise any program or policy that the County con-
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1 siders appropriate in the use of the land for park

2 purposes.

3 (2) REVERSIONARY INTEREST.—

4 (A) IN GENERAL.—If the Secretary deter5 mines that the land conveyed under subsection

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

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

8 to the land, including any improvements on

9 the land, shall revert to the United States;

10 and

11 (ii) the United States shall have the

12 right of immediate entry onto the land.

13 (B) DETERMINATION ON THE RECORD.—

14 Any determination of the Secretary under sub15 paragraph (A) shall be made on the record.

16 (c) SURVEY.—The exact acreage and legal descrip17 tion of the land to be conveyed under subsection (a) shall

18 be determined by a survey satisfactory to the Secretary

19 and paid for by the County.

20 (d) IMPACT ON FERC WITHDRAWAL.—

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

22 under subsection (a) shall have no effect on the con23 ditions and rights provided in Federal Energy Regu24 latory Commission Withdrawal No. 7161.
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1 (2) CONFLICTS.—In a case of conflict between

2 the use of the conveyed land as a park and the pur3 poses of the withdrawal, the purposes of the with4 drawal shall prevail.

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

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

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

8 costs.

9 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

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

12 the Secretary considers appropriate to protect the inter13 ests of the United States.

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