II 

Calendar No. 448

108TH CONGRESS 

2D SESSION S. 1848

[Report No. 108–238] 

To amend the Bend Pine Nursery Land Conveyance Act to direct the Secretary of Agriculture to sell the Bend Pine Nursery Administrative Site 

in the State of Oregon. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 11, 2003

Mr. WYDEN (for himself and Mr. SMITH) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

MARCH 9, 2004

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To amend the Bend Pine Nursery Land Conveyance Act 

to direct the Secretary of Agriculture to sell the Bend 

Pine Nursery Administrative Site in the State of Oregon.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 1848 RS 

1 SECTION 1. SALE OF BEND PINE NURSERY ADMINISTRA2 TIVE SITE. 

3 The Bend Pine Nursery Land Conveyance Act (114 

4 Stat. 2512) is amended—

5 (1) in section 3—

6 (A) in subsection (a)—

7 (i) by striking paragraph (1); 

8 (ii) by redesignating paragraphs (2) 

9 through (7) as subparagraphs (A) through 

10 (F), respectively, and adjusting the mar11 gins appropriately; and 

12 (iii) by striking ‘‘(a) IN GENERAL.—

13 The Secretary may’’ and inserting the fol14 lowing: 

15 ‘‘(a) IN GENERAL.—The Secretary—

16 ‘‘(1) shall offer to sell to the Bend Metro Park 

17 and Recreation District in Deschutes County, Or18 egon, for consideration in the amount of $3,505,676, 

19 all right, title, and interest of the United States in 

20 and to approximately 170 acres of the parcel of land 

21 identified as Tract A, Bend Pine Nursery, as de22 picted on the site plan map entitled ‘Bend Pine 

23 Nursery Administrative Site, May 13, 1999’; and 

24 ‘‘(2) may’’; 

25 (B) by striking subsection (e)(3); and 
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•S 1848 RS 

1 (C) by inserting after subsection (f) the 

2 following: 

3 ‘‘(g) BEND PINE NURSERY ADMINISTRATIVE

4 SITE.—The land conveyed to the Bend Metro Park and 

5 Recreation District under section 3(a)(1)—

6 ‘‘(1) shall be used only for recreation purposes; 

7 and 

8 ‘‘(2) may be developed for those purposes.’’. 

9 (2) by redesignating section 6 as section 7; and 

10 (3) by inserting after section 5 the following: 

11 ‘‘SEC. 6. CONVEYANCE TO BEND-LA PINE SCHOOL DIS12 TRICT. 

13 ‘‘The Secretary, in accordance with section 202 of the 

14 Education Land Grant Act (16 U.S.C. 479a), shall convey 

15 to Administrative School District No. 1, Deschutes Coun16 ty, Oregon, for no consideration, 15 acres of land located 

17 in the northwest corner of the tract described in section 

18 3(a)(1), to be used for educational purposes.’’.

19 SECTION 1. MODIFICATION OF BEND PINE NURSERY LAND 

20 CONVEYANCE. 

21 (a) DESIGNATION OF RECIPIENTS AND CONSIDER22 ATION.—Section 3 of the Bend Pine Nursery Land Convey23 ance Act (Public Law 106–526; 114 Stat. 2512) is amend24 ed—
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•S 1848 RS 

1 (1) in subsection (a), by striking paragraph (1) 

2 and redesignating paragraphs (2) through (7) as 

3 paragraphs (1) through (6), respectively; 

4 (2) in subsection (e)—

5 (A) by striking ‘‘this section’’ both places it 

6 appears and inserting ‘‘subsection (a)’’; 

7 (B) in paragraph (1), by striking ‘‘Subject 

8 to paragraph (3), the’’ and inserting ‘‘The’’; and 

9 (C) by striking paragraph (3); and 

10 (3) by adding at the end the following: 

11 ‘‘(g) BEND PINE NURSERY CONVEYANCE.—

12 ‘‘(1) CONVEYANCE TO PARK AND RECREATION

13 DISTRICT.—Upon receipt of consideration in the 

14 amount of $3,503,676 from the Bend Metro Park and 

15 Recreation District in Deschutes County, Oregon, the 

16 Secretary shall convey to the Bend Metro Park and 

17 Recreation District all right, title, and interest of the 

18 United States in and to a parcel of real property con19 sisting of approximately 185 acres and containing the 

20 Bend Pine Nursery, as depicted on the site plan map 

21 entitled ‘Bend Pine Nursery Administrative Site, 

22 May 13, 1999’. Subject to paragraph (2), the real 

23 property conveyed to the Bend Metro Park and Recre24 ation District shall be used only for public recreation 

25 purposes and may be developed for those purposes. If 
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•S 1848 RS 

1 the Secretary determines that the real property subject 

2 to this condition is converted, in whole or in part, to 

3 a use other than public recreation, the Secretary shall 

4 require the Bend Metro Park and Recreation District 

5 to pay to the United States an amount equal to the 

6 fair market value of the property at the time of con7 version, less the consideration paid under this para8 graph. 

9 ‘‘(2) RECONVEYANCE OF PORTION TO SCHOOL

10 DISTRICT.—As soon as practicable after the receipt by 

11 the Bend Metro Park and Recreation District of the 

12 real property described in paragraph (1), the Bend 

13 Metro Park and Recreation District shall convey to 

14 the Administrative School District No. 1, Deschutes 

15 County, Oregon, without consideration, a parcel of 

16 real property located in the northwest corner of the 

17 real property described in paragraph (1) and con18 sisting of approximately 15 acres. The deed of convey19 ance shall contain a covenant requiring that the real 

20 property conveyed to the School District be used only 

21 for public education purposes.’’. 

22 (b) CONFORMING AMENDMENT.—Section 4(a) of such 

23 Act is amended by striking ‘‘section 3(a)’’ and inserting 

24 ‘‘section 3’’. 
Calendar No. 448

108TH CONGRESS 

2D SESSION S. 1848

[Report No. 108–238] 

A BILL

To amend the Bend Pine Nursery Land Conveyance Act to direct the Secretary of Agriculture to 

sell the Bend Pine Nursery Administrative Site in the State of Oregon. 

MARCH 9, 2004

Reported with an amendment