II 

Calendar No. 810 

110TH CONGRESS 

2D SESSION H. R. 523 

[Report No. 110–378] 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 23, 2007 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, without amendment 

AN ACT 

To require the Secretary of the Interior to convey certain 

public land located wholly or partially within the boundaries of the Wells Hydroelectric Project of Public Utility 

District No. 1 of Douglas County, Washington, to the 

utility district. 

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 ‘‘Douglas County, 

5 Washington, PUD Conveyance Act’’. 

mstockstill on PROD1PC66 with BILLS

2 

•HR 523 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) PUBLIC LAND.—The term ‘‘public land’’ 

4 means the approximately 622 acres of Federal land 

5 managed by the Bureau of Land Management and 

6 identified for conveyance on the map prepared by 

7 the Bureau of Land Management entitled ‘‘Douglas 

8 County Public Utility District Proposal’’ and dated 

9 March 2, 2006. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (3) PUD.—The term ‘‘PUD’’ means the Public 

13 Utility District No. 1 of Douglas County, Wash14 ington. 

15 (4) WELLS HYDROELECTRIC PROJECT.—The 

16 term ‘‘Wells Hydroelectric Project’’ means Federal 

17 Energy Regulatory Commission Project No. 2149. 

18 SEC. 3. CONVEYANCE OF PUBLIC LAND, WELLS HYDRO19 ELECTRIC PROJECT, PUBLIC UTILITY DIS20 TRICT NO. 1 OF DOUGLAS COUNTY, WASH21 INGTON. 

22 (a) CONVEYANCE REQUIRED.—Notwithstanding the 

23 land use planning requirements of sections 202 and 203 

24 of the Federal Land Policy and Management Act of 1976 

25 (43 U.S.C. 1712, 1713), and notwithstanding section 24 

26 of the Federal Power Act (16 U.S.C. 818) and Federal 

mstockstill on PROD1PC66 with BILLS

3 

•HR 523 RS

1 Power Order for Project 2149, and subject to valid exist2 ing rights, if not later than 45 days after the date of com3 pletion of the appraisal required under subsection (b), the 

4 Public Utility District No. 1 of Douglas County, Wash5 ington, submits to the Secretary of the Interior an offer 

6 to acquire the public land for the appraised value, the Sec7 retary shall convey, not later than 30 days after the date 

8 of the offer, to the PUD all right, title, and interest of 

9 the United States in and to the public land. 

10 (b) APPRAISAL.—Not later than 60 days after the 

11 date of enactment of this Act, the Secretary shall complete 

12 an appraisal of the public land. The appraisal shall be con13 ducted in accordance with the ‘‘Uniform Appraisal Stand14 ards for Federal Land Acquisitions’’ and the ‘‘Uniform 

15 Standards of Professional Appraisal Practice’’. 

16 (c) PAYMENT.—Not later than 30 days after the date 

17 on which the public land is conveyed under this section, 

18 the PUD shall pay to the Secretary an amount equal to 

19 the appraised value of the public land as determined under 

20 subsection (b). 

21 (d) MAP AND LEGAL DESCRIPTIONS.—As soon as 

22 practicable after the date of enactment of this Act, the 

23 Secretary shall finalize legal descriptions of the public land 

24 to be conveyed under this section. The Secretary may cor25 rect any minor errors in the map referred to in section 

mstockstill on PROD1PC66 with BILLS

4 

•HR 523 RS

1 2 or in the legal descriptions. The map and legal descrip2 tions shall be on file and available for public inspection 

3 in appropriate offices of the Bureau of Land Management. 

4 (e) COSTS OF CONVEYANCE.—As a condition of con5 veyance, any costs related to the conveyance under this 

6 section shall be paid by the PUD. 

7 (f) DISPOSITION OF PROCEEDS.—The Secretary shall 

8 deposit the proceeds from the sale in the Federal Land 

9 Disposal Account established by section 206 of the Fed10 eral Land Transaction Facilitation Act (43 U.S.C. 2305) 

11 to be expended to improve access to public lands adminis12 tered by the Bureau of Land Management in the State 

13 of Washington. 

14 SEC. 4. SEGREGATION OF LANDS. 

15 (a) WITHDRAWAL.—Except as provided in section 

16 3(a), effective immediately upon enactment of this Act, 

17 and subject to valid existing rights, the public land is with18 drawn from— 

19 (1) all forms of entry, appropriation, or disposal 

20 under the public land laws, and all amendments 

21 thereto; 

22 (2) location, entry, and patenting under the 

23 mining laws, and all amendments thereto; and 

mstockstill on PROD1PC66 with BILLS

5 

•HR 523 RS

1 (3) operation of the mineral leasing, mineral 

2 materials, and geothermal leasing laws, and all 

3 amendments thereto. 

4 (b) DURATION.—This section expires two years after 

5 the date of enactment of this Act or on the date of the 

6 completion of the conveyance under section 3, whichever 

7 is earlier. 

8 SEC. 5. RETAINED AUTHORITY. 

9 The Secretary shall retain the authority to place con10 ditions on the license to insure adequate protection and 

11 utilization of the public land granted to the Secretary in 

12 section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) 

13 until the Federal Energy Regulatory Commission has 

14 issued a new license for the Wells Hydroelectric Project, 

15 to replace the original license expiring May 31, 2012, con16 sistent with section 15 of the Federal Power Act (16 

17 U.S.C. 808). 

mstockstill on PROD1PC66 with BILLS

Calendar No. 810 

110TH CONGRESS 

2D SESSION H. R. 523 

[Report No. 110

–378] 

AN ACT 

To require the Secretary of the Interior to convey 

las County, Washington, to the utility district. Project of Public Utility District No. 1 of Dougwithin the boundaries of the Wells Hydroelectric certain public land located wholly or partially 

JUNE 16, 2008 

Reported without amendment 

mstockstill on PROD1PC66 with BILLS