<DOC>
[109 Senate Hearings]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:28333.wais]
S. Hrg. 109-444
FEDERAL LANDS IN HENDERSON, NV; FORT RENO, OK; EUGENE, OR; GREEN RIVER,
WY; AND RIVERSIDE COUNTY AND SAN DIEGO COUNTY, CA
=======================================================================
HEARING
before the
SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
ON
S. 1056 S. 1832
S. 2150 S. 2373
H.R. 3507
__________
MARCH 29, 2006
Printed for the use of the
Committee on Energy and Natural Resources
______
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
PETE V. DOMENICI, New Mexico, Chairman
LARRY E. CRAIG, Idaho JEFF BINGAMAN, New Mexico
CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii
LAMAR ALEXANDER, Tennessee BYRON L. DORGAN, North Dakota
LISA MURKOWSKI, Alaska RON WYDEN, Oregon
RICHARD M. BURR, North Carolina, TIM JOHNSON, South Dakota
MEL MARTINEZ, Florida MARY L. LANDRIEU, Louisiana
JAMES M. TALENT, Missouri DIANNE FEINSTEIN, California
CONRAD BURNS, Montana MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia KEN SALAZAR, Colorado
GORDON SMITH, Oregon ROBERT MENENDEZ, New Jersey
JIM BUNNING, Kentucky
Bruce M. Evans, Staff Director
Judith K. Pensabene, Chief Counsel
Robert M. Simon, Democratic Staff Director
Sam E. Fowler, Democratic Chief Counsel
------
Subcommittee on Public Lands and Forests
LARRY E. CRAIG, Idaho, Chairman
CONRAD R. BURNS, Montana, Vice Chairman
CRAIG THOMAS, Wyoming RON WYDEN, Oregon
JAMES M. TALENT, Missouri DANIEL K. AKAKA, Hawaii
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
LAMAR ALEXANDER, Tennessee TIM JOHNSON, South Dakota
LISA MURKOWSKI, Alaska MARY L. LANDRIEU, Louisiana
GEORGE ALLEN, Virginia DIANNE FEINSTEIN, California
MARIA CANTWELL, Washington
Pete V. Domenici and Jeff Bingaman are Ex Officio Members of the
Subcommittee
Dick Bouts, Professional Staff Member
Scott Miller, Democratic Counsel
C O N T E N T S
----------
STATEMENTS
Page
Benna, Lawrence E., Deputy Director, Bureau of Land Management,
Department of the Interior..................................... 5
Craig, Hon. Larry E., U.S. Senator From Idaho.................... 1
Inhofe, Hon. James M., U.S. Senator From Oklahoma................ 2
Knipling, Dr. Edward B., Administrator, Agricultural Research
Service,
Department of Agriculture...................................... 2
Thomas, Hon. Craig, U.S. Senator From Wyoming.................... 11
Wyden, Hon. Ron, U.S. Senator From Oregon........................ 10
APPENDIX
Additional material submitted for the record..................... 15
FEDERAL LANDS IN HENDERSON, NV; FORT RENO, OK; EUGENE, OR; GREEN RIVER,
WY; AND RIVERSIDE COUNTY AND SAN DIEGO COUNTY, CA
----------
WEDNESDAY, MARCH 29, 2006
U.S. Senate,
Subcommittee on Public Lands and Forests,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:33 p.m., in
room SD-366, Dirksen Senate Office Building, Hon. Larry E.
Craig presiding.
OPENING STATEMENT OF HON. LARRY E. CRAIG,
U.S. SENATOR FROM IDAHO
Senator Craig. Good afternoon, everyone. The Subcommittee
on Public Lands and Forest will be in order. Let me welcome
everyone in attendance before the committee this afternoon. And
a special welcome to our two panelists this afternoon, Dr.
Edward Knipling, administrator for Agricultural Research
Service at the Department of Agriculture, and Larry Benna,
Deputy Director of the Bureau of Land Management. I want to
thank both of you for being here to testify.
We will be taking testimony today on five bills: S. 1056,
to direct the Secretary of the Interior to convey to the city
of Henderson, Nevada, certain Federal land located in the city,
and for other purposes; S. 1832, to authorize the Secretary of
the Interior to lease oil and gas resources underlying Fort
Reno, Oklahoma, to establish the Fort Reno Management Fund, and
for other purposes; S. 2150, to direct the Secretary of the
Interior to convey certain Bureau of Land Management Lands to
the city of Eugene, Oregon; S. 2373, to provide for the sale of
approximately 132 acres of public land in the city of Green
River, Wyoming, at a fair market value; and H.R. 3507, to
transfer certain land in Riverside County, California, and San
Diego County, California, from the Bureau of Land Management to
the United States to be held in trust for the Pechanga Band of
Luiseno Mission Indians, and for other purposes.
And Senator Wyden, I expect, will be here in a few moments
to make comments in relation to the Eugene, Oregon, bill; and
Senator Craig Thomas will be here in relation to the Green
River bill.
We will observe the 5-minute rule for testimony. The
hearing will take all information. The record will remain open
for 10 days for the purposes of additional testimony.
So, with that, let us go directly to our panelists today.
Dr. Edward Knipling, administrator, Agricultural Research
Service, Department of Agriculture, welcome before the
committee. Please proceed.
[The prepared statement of Senator Inhofe follows:]
Prepared Statement of Hon. James M. Inhofe, U.S. Senator
From Oklahoma, on S. 1832
Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to appear before you today and for holding this hearing on
``The Fort Reno Mineral Leasing Act'' (S. 1832).
Fort Reno was established as a frontier cavalry post in 1874, and
it played a key role in the settlement of the west. It is a historic
site of National significance and it is listed on the National Register
of Historic places. Over 9,000 visitors view the fort each year.
In 1948 the U.S. Army turned its lands and buildings, at Fort Reno,
over to the U.S. Department of Agriculture. Today, the original site
remains intact as a complete frontier post. Dozens of buildings
constructed by the military, as early as the 1880's, still stand around
the Historic District.
The Agricultural Research Service administers the fort site which
includes the Grazinglands Research Facility, the Fort Reno Historic
District, and the Fort Reno Science Park.
Many of the historic buildings are in desperate need of
restoration. A small agency like the Agricultural Research Service is
not financially able to keep up with the continued costs of maintenance
of so much aged infrastructure. Independent studies show that over $18
million is now needed to restore the most important of the many old
officers' quarters and other key buildings.
I have been an active supporter of Fort Reno and its facilities.
For instance, several years ago I helped secure a Save America's
Treasures Grant of $300,000 to assist a local historical organization
with the costs of stabilization of exteriors on those deteriorating
buildings that are most in need of renovation. In fiscal year 2004, I
arranged for an appropriation of $2.1 million for construction of two
greenhouses for use in research on forage grasses that is conducted by
the Agricultural Research Service at the Fort Reno site.
This legislation will provide a revenue-neutral, non-appropriated
source of funding which will be adequate to restore the historical
buildings of Fort Reno, so they will be here for future generations.
In addition, this bill authorizes the development of the oil and
gas that lies beneath Fort Reno's 6,737 acres and places those funds in
a special account in the U.S. Treasury that will be utilized for
restoration and maintenance of those facilities. These funds will also
be used to assist with handling visitors to the fort, historic
interpretation and related activities. The remaining funds will be used
to pay down the national debt.
The Fort Reno Mineral Leasing Act is fully supported by the
governor of Oklahoma, state legislators, local municipalities, the El
Reno Chamber of Commerce, the Farm Bureau, the Farmers Union, the
Oklahoma Independent Producers Association, the Oklahoma Historical
Society, the ARS Administrator at Fort Reno, and both Senator Coburn
and me.
I look forward to working with the committee on this Oklahoma
specific legislation in markup and toward final passage.
Again, I thank you for allowing me to appear here to today in
support of this legislation. Mr. Chairman, this concludes my remarks.
STATEMENT OF DR. EDWARD B. KNIPLING, ADMINISTRATOR,
AGRICULTURAL RESEARCH SERVICE, DEPARTMENT OF
AGRICULTURE
Dr. Knipling. Thank you, Mr. Chairman. I am, indeed,
pleased to be here, and appreciate the opportunity to speak on
behalf of S. 1832.
As you indicate, I'm the administrator of the USDA
Agricultural Research Service. We are the science research arm
of USDA and, as such, we operate over 100 different laboratory
locations throughout the Nation on all aspects of agricultural
science.
I'm here today to present the administration's views on S.
1832, as you said, the Fort Reno Mineral Leasing Act. Before I
provide my remarks, I'd like to submit my full testimony for
the record.
Senator Craig. Without objection, it'll become a part of
the record, Doctor.
Dr. Knipling. Mr. Chairman, we appreciate the intent of S.
1832 to continue the preservation of facilities within the
historic Fort Reno district; however, the administration does
have concerns with the establishment of a mandatory fund from
mineral revenues that would normally be deposited in the U.S.
Treasury. We look forward to working with the bill sponsor,
Senator Inhofe, and members of this committee as the process
goes forward.
S. 1832 deals with the Grazinglands Research Laboratory,
which is administered by ARS at El Reno, Oklahoma. This
laboratory is at the forefront of providing new technologies
and management strategies to increase the profitability of
forage and livestock production, while at the same time
promoting sustainability and productivity in the Nation's
grazing land resources. ARS-administered land at this location
comprises over 6,700 acres of land and more than 80 buildings,
some of which are historic structures within the Fort Reno
Historic District. These consist of former U.S. Cavalry
installation structures dating from the late 1800's.
USDA acquired the real property by transfer from the U.S.
War Department in 1948, and has managed the land for grazing
land research ever since. We have also used some of our
research funds to maintain, preserve, or restore some of the
historic buildings.
The proposed legislation would authorize the Secretary of
the Interior, through the Bureau of Land Management, to lease
oil and gas resources under the land, with some of the receipts
from leasing being deposited into a Fort Reno Management Fund
to be used for restoration and management of the historic
facilities, as well as to provide visitor and interpretive
services.
The bill would also ratify and strengthen our ongoing
cooperative research activities with the University of
Oklahoma, and authorize the Secretary of Agriculture to lease
land for cooperative research and related activities.
Finally, section three of the bill will require
congressional authorization to declare the Federal land at the
Fort Reno Management Area surplus or excess or otherwise
conveyed. This provision makes permanent the existing
requirements of law already contained in the 2002 farm bill,
which expires at the end of 2007. Notwithstanding any provision
of law, ARS has no plans or intentions to curtail its research
activities at Fort Reno or to declare any lands excess or
surplus.
In summary, Mr. Chairman, ARS is very proud of the
contributions made to agricultural science and to farmers and
ranchers by the work we do at the Grazinglands Research
Laboratory. We very much appreciate the interest of this
committee in the laboratory's programs and strategies for
preserving the historic structures.
Mr. Chairman, this concludes my remarks, and I'd be pleased
to answer any questions that you might have later.
Thank you.
[The prepared statement of Dr. Knipling follows:]
Prepared Statement of Dr. Edward B. Knipling, Administrator,
Agricultural Research Service, Department Of Agriculture, on S. 1832
Mr. Chairman and Members of the Subcommittee, I am Edward B.
Knipling, Administrator of the Agricultural Research Service (ARS). We
are the primary intramural science research agency of the United States
Department of Agriculture (USDA). ARS operates a network of over 100
research laboratories across the nation on all aspects of agricultural
science.
Thank you for the opportunity to appear before the Subcommittee
today to present the Department's views on S. 1832, the Fort Reno
Mineral Leasing Act. We appreciate the intent of S. 1832 to continue
the preservation of facilities within the Historic Fort Reno District.
However, the Administration has serious concerns with the establishment
of a mandatory fund from mineral revenues that would normally be
deposited in the U.S. Treasury; therefore we recommend that section of
the bill be removed. We look forward to working with the bill sponsor,
Senator Inhofe, and the Committee to address our concerns as the
process moves forward.
S. 1832 deals with the Grazinglands Research Laboratory
administered by the Agricultural Research Service (ARS) at El Reno,
Oklahoma. The Grazinglands Research Laboratory is at the forefront of
providing new technologies and management strategies to increase the
profitability of forage and livestock production while, at the same
time, promoting sustainability and productivity of the nation's grazing
land resources. ARS administered land comprises over 6,700 acres and
more than 80 buildings, part of which are historic structures within
the Fort Reno Historic District consisting of the former U.S. Cavalry
installation dating from the late 1800s. USDA acquired the real
property by transfer from the U.S. War Department in 1948, and has
managed the land for grazing lands research ever since. The bill
defines the entire area collectively as the Fort Reno Management Area.
The bill would authorize the Secretary of the Interior to lease oil
and gas resources under the land, with some of the receipts from
leasing being deposited into a Fort Reno Management Fund to be used for
restoration and management of historic facilities as well as visitor
and interpretive services. The bill would provide that the land
comprising the Fort Reno Management Area would not be declared surplus
or excess federal property without an Act of Congress. Finally, the
bill would ratify and strengthen our ongoing cooperative research
activities with the University of Oklahoma, and authorize the Secretary
of Agriculture to lease land for research and related activities.
Concerning oil and gas leasing, all 6,700 acres of the Fort Reno
Management Area is within the corporate boundaries of the town of El
Reno, Oklahoma, and therefore cannot be leased under existing
authorities without Congressional authorization. Under the authority of
the Mineral Leasing Act, the Bureau of Land Management (BLM) is
responsible for leasing oil and gas resources on all onshore Federal
lands, including those lands managed by other Federal agencies. BLM is
responsible for review, approval, and issuance of permits and licenses
to explore, develop, and produce oil and gas resources on Federal
lands. BLM is also responsible for inspection and enforcement of
onshore oil and gas wells and other development operations to ensure
that lessees and operators comply with the lease requirements and BLM's
regulations (43 CFR 3000 and 3100).
Sec. 3(b) of S. 1832 authorizes the Secretary of the Interior to
provide for mineral leasing under the Mineral Leasing Act in the Fort
Reno Management Area, subject to terms and conditions set by the
Secretary of Agriculture to preserve and protect historic properties
and ongoing and prospective research activities. Lands located within
incorporated cities and towns are excluded from oil and gas leasing
under the Mineral Leasing Act, and to overcome that exclusion, Sec.
3(b)(1) of S. 1832 explicitly authorizes oil and gas leasing on the
Federal land located within the incorporated city of El Reno, Oklahoma.
Sec. 3(b)(2) of the bill provides that no further administrative or
environmental analyses shall be required for the leasing and
development of minerals at the Fort Reno Management Area.
Section 3 of the bill will require Congressional authorization to
declare the Federal land at the Fort Reno Management Area surplus or
excess or otherwise conveyed. This provision makes permanent the
existing requirements of law already contained in section 10804 of the
Farm Security and Rural Investment Act of 2002, which expire at the end
of 2007. Notwithstanding any provision of law, ARS has no plans or
intentions to curtail its research program at Fort Reno, or to declare
any lands excess or surplus.
Sections 5 and 6 provide ARS with authorities to continue its very
productive and mutually beneficial research relationship with the
University of Oklahoma. The University has currently constructed
facilities in the Fort Reno Management Area under easement arrangements
with ARS, and there are plans for future cooperative ventures. We
believe this cooperation can be furthered by granting ARS leasing
authority.
In summary, ARS is justly proud of the contributions made by the
Grazinglands Research Laboratory to improving American agriculture. We
appreciate the interest in the Laboratory and the Fort Reno Historic
District within the Fort Reno Management Area shown by S. 1832. Mr.
Chairman, this concludes my remarks. I would be happy to answer any
questions.
Senator Craig. Doctor, thank you very much.
Now let us turn to Larry Benna, deputy director for the
Bureau of Land Management.
Larry, welcome.
STATEMENT OF LAWRENCE E. BENNA, DEPUTY DIRECTOR,
BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE
INTERIOR
Mr. Benna. Thank you very much, Mr. Chairman.
I'm here today to testify on four different lands bills
proposed. I thank you for the opportunity to testify.
The Bureau of Land Management manages nearly 262 million
acres of surface land, primarily in 12 Western States. As the
Nation's largest Federal land manager, we administer the public
lands for a wide range of multiple uses.
The Federal Land Policy and Management Act, or FLPMA,
directs the BLM to make decisions about the appropriate use of
the public lands through the development of resource management
plants, which involve extensive public participation. Where
appropriate, FLPMA allows the BLM to convey certain lands out
of public ownership if, for example, it has been identified for
disposal through a land-use planning process and serve
important public objectives, such as community expansion and
economic development.
In partnering with local communities across the West, we
understand there are needs and are efforts that ensure a
balanced approach to local land-use management. At the same
time, we make every effort to ensure that taxpayers are fairly
compensated for the removal of public lands from Federal
ownership, and that the conveyances are in the public interest.
The various BLM-related bills before the subcommittee today
cover a wide range of Federal land issues, but, at their core,
all are intended to support the needs of local communities. I
will discuss each individual bill.
S. 1056, the Southern Nevada Limited Transition Area Act,
would convey, without consideration, approximately 547 acres of
BLM public lands to the city of Henderson, Nevada, for economic
development adjacent to the Henderson Executive Airport. The
bill permits the city of Henderson to sell any portions of the
conveyed lands for nonresidential development through a
competitive bidding process. Eighty-five percent of the
revenues generated from the sales would be deposited into the
special account established by the Southern Nevada Public Lands
Management Act and used by the Secretary of the Interior for
the uses specified in the Act.
BLM recognizes the growth occurring in the city of
Henderson and supports S. 1056. We would like to work with the
committee and sponsors of the bill on several changes dealing
with the terms and conditions or any future sales of the lands
by the city of Henderson, the reversionary clauses, and other
minor modifications.
S. 2150, the Eugene Land Conveyance Act, directs the
Secretary of the Interior to convey to the city of Eugene,
Oregon, without consideration and subject to valid existing
rights, a parcel of approximately 12 acres currently under the
administrative jurisdiction of the BLM for the purposes of
constructing an environmental education center and establishing
a wildlife viewing area. This parcel is located within the city
limits of Eugene, Oregon.
The BLM purchased the parcel in 1979, for $510,000. Oregon
and California appropriated--grant-lands appropriated funds. If
the parcel to be conveyed under S. 2150 were public-domain
land, the BLM could convey it under the authority of the
Recreation and Public Purposes Act. However, because the BLM
purchased the parcel with O&C funds, it is designated as
revested Oregon and California railroad grant lands, and the
Recreation and Public Purposes Act does not apply. The BLM
supports the conveyance authorized by S. 2150.
S. 2373, the city of Green River Land Conveyance Act,
directs the BLM to sell, at appraised fair market value,
approximately 132 acres of public land to the city of Green
River, Wyoming. The land would be used for development along
Interstate 80, east of Green River, a growing community that
needs room to expand.
The BLM supports S. 2373, but would like to work with the
sponsors of the bill and the committee on certain changes,
including the timeframes established in the bill, in order to
ensure sufficient time for completion of the processes and work
necessary to do the conveyance.
Finally, H.R. 3507, the Pechanga Band of Luiseno Mission
Indians Land Transfer Act, directs the Secretary of the
Interior to transfer two parcels of public land, totaling
approximately 991 acres in Riverside, California, currently
managed by the BLM, into trust status for the benefit of the
tribe. The BLM has worked with the tribe over the past several
years concerning their interest in acquiring these two parcels
of land to add to their reservation for protection of their
cultural, historic, and natural values.
In 2005, the tribe entered into a memorandum of
understanding with the Fish and Wildlife Service and the BLM,
which states that the tribe will manage the lands for
conservation purposes. The bill requires the lands be managed
in accordance with this memorandum.
The Department of the Interior supports H.R. 3507, but we
do recommend certain technical and clarifying amendments that
are outlined in my written testimony.
Mr. Chairman and members of the subcommittee, this
concludes my statement. I will be happy to try and answer any
of your questions.
[The prepared statement of Mr. Benna follows:]
Prepared Statement of Lawrence E. Benna, Deputy Director, Bureau of
Land Management, Department of the Interior, on S. 1056, S. 2150, S.
2373, and H.R. 3507
Mr. Chairman, thank you for the opportunity to testify. The Bureau
of Land Management (BLM) manages 261.8 million acres of surface land
primarily in 12 western states. As the Nation's largest Federal land
manager, the BLM administers the public lands for a wide range of
multiple uses including energy production, outdoor recreation,
livestock grazing, and by conserving natural, historical, cultural, and
other resources. The Federal Land Policy and Management Act (FLPMA)
directs the BLM to make decisions about the appropriate use of the
public lands through the development of resource management plans using
a collaborative public process.
FLPMA allows the BLM to convey lands out of public ownership if,
for example, they have been identified for disposal through the BLM
land use planning process in order to serve important public
objectives, such as community expansion and economic development. In
partnering with local communities across the West, we understand their
needs and are supportive of efforts that ensure a balanced approach to
local land use management. As a matter of both policy and practice, the
BLM generally requires receipt of fair market value for any public
lands transferred out of public ownership. This serves to ensure that
taxpayers are fairly compensated for the removal of public lands from
Federal ownership while also supporting local communities.
The various BLM-related bills before the Subcommittee today cover a
wide range of Federal land issues, but at their core all are intended
to support the needs of local communities. I will discuss each bill
individually.
S. 1056, SOUTHERN NEVADA LIMITED TRANSITION AREA ACT
S. 1056, the Southern Nevada Limited Transition Area Act, would
convey without consideration approximately 547 acres of BLM public
lands, defined in the bill as the ``transition area,'' to the City of
Henderson, Nevada, for economic development adjacent to the Henderson
Executive Airport. The BLM recognizes the massive residential growth
occurring in the City of Henderson, and understands the need for the
City to plan land use in such a way that development around the
Henderson Executive Airport is compatible with the nature of airport
operations. The BLM supports the intent of S. 1056 and would like to
work with the Committee and sponsors of the bill on several changes to
clarify the terms and conditions of any future sales of the lands by
the City of Henderson, the reversionary clauses, and other minor
modifications.
S. 1056 establishes development areas around the Henderson
Executive Airport similar to the Airport Environs Overlay District--
otherwise known as the McCarran Airport Cooperative Management Area
(CMA)--established by the Southern Nevada Public Lands Management Act
(SNPLMA), Public Law 105-263, that ensures compatible development
around McCarran Airport. The public lands proposed for conveyance in S.
1056 are directly west and south of the Henderson Executive Airport,
which is east of Interstate-15 and north of the Sloan Canyon National
Conservation Area. These lands are within the disposal boundary
established in SNPLMA and have been identified for disposal by the BLM
as part of SNPLMA's land disposal process.
S. 1056 directs the City of Henderson to plan and manage the lands
for nonresidential development, and requires that any development
comport with noise compatibility requirements defined in section 47504
of title 49, United States Code. The bill permits the City of Henderson
to sell any portions of the conveyed lands for nonresidential
development through a competitive bidding process, but for not less
than fair market value, and subject to the noise compatibility
requirements. The City of Henderson may also elect to retain parcels
for recreation or other public purposes under the Recreation and Public
Purposes Act.
The revenue generated from any sales of the lands by the City of
Henderson would be distributed as follows: 85 percent would be
deposited into the special account established by SNPLMA; 10 percent
would be retained by the City of Henderson as compensation for costs
incurred by the City in carrying out land sales and to fund
infrastructure to serve the Transition Area; and 5 percent would be
returned to the State of Nevada for use by the State's general
education program.
In order to ensure that the public interest is met, we recommend
that Section 3(b) of the bill be amended to clarify that in addition to
receiving fair market value for the direct sale of the lands, fair
market value should also be received for any lease, exchange, or
conveyance of the lands of any sort by the City of Henderson. This
would be consistent with the terms in Section 4(g)(4) of SNPLMA that
authorizes the conveyance of land by Clark County in the McCarran
Airport CMA. We would also like to work with the Committee and sponsors
of the bill to modify the reversionary language in Sections 3(e)(1) and
(2) of the bill to make the language consistent and at the Secretary's
discretion. Finally, Section 2(5) needs to be updated to reflect the
correct date of the map entitled ``Southern Nevada Limited Transition
Area Act.''
S. 2150, EUGENE LAND CONVEYANCE ACT
S. 2150, the Eugene Land Conveyance Act, directs the Secretary of
the Interior to convey to the City of Eugene, Oregon, without
consideration and subject to valid existing rights, a parcel of
approximately 12 acres currently under the administrative jurisdiction
of the BLM for the purposes of constructing an environmental education
center and establishing a wildlife viewing area. The BLM supports the
conveyance authorized by S. 2150; however, we have some concerns and
would appreciate the opportunity to work with the sponsor and the
Committee on minor technical amendments.
The parcel to be conveyed under S. 2150 is located within the city
limits of Eugene, Oregon. The BLM purchased the parcel on September 21,
1979, with $510,000 of Oregon and California Lands Act (O&C)
appropriated funds. The BLM originally planned to build its Eugene
District Office on the parcel; however, about half the site was
determined to be occupied by wetlands, and the Eugene office was built
at another location. We have not had the site appraised since the
original purchase.
If the parcel to be conveyed under S. 2150 were public domain land,
the BLM could convey it under the authority of the Recreation and
Public Purposes (R&PP) Act (43 U.S.C. 869 et seq.). However, because
the BLM purchased the parcel with O&C funds, it is designated as
``Revested O&C Railroad Grant Lands'', and the R&PP Act does not apply.
An old ranch house located on the parcel, known as the ``Red
House'', was converted for office use and currently hosts employees and
volunteers associated with the West Eugene Wetlands (WEW) Partnership.
The WEW Partnership includes the BLM, the City of Eugene, The Nature
Conservancy, the U.S. Army Corps of Engineers, the Oregon Youth
Conservation Corps, the U.S. Fish and Wildlife Service, the McKenzie
River Trust, and the Willamette Resources and Educational Network
(WREN). The WEW Partnership (primarily the City of Eugene and The
Nature Conservancy) have worked to leverage Federal dollars to reach
nearly $4.5 million for acquisition and management of the wetlands.
In addition, the Eugene 4J School District and the Bethel School
District joined with the WEW Partnership to form the WEW Education
Center Partnership. This group is working to build the Wetlands
Education Center on the parcel to be conveyed under S. 2150. The
wetlands education program has secured funding from a wide variety of
public and private sources, including the U.S. Department of Education,
the City of Eugene, the Eugene 4J School District, the Environmental
Protection Agency, the Oregon Watershed Enhancement Board, the Collins
Foundation, and private donations. The Education Center will contain
the Rachel Carson Center for Natural Resources (a 4J High School), the
Northwest Youth Corps, laboratories and green houses, visiting
classrooms and office space for WEW Partnership staff. In May 2002,
voters in Eugene approved a school bond that included the first
installment for construction of the Rachel Carson Center for Natural
Resources.
The following are concerns we would like to address through
technical amendments:
<bullet> Survey: The BLM has a survey from its purchase of the
property in 1979 that is adequate to support the BLM's issuing
a Quit Claim Deed to the City of Eugene. If this meets the
sponsor's intentions, Section 3(b)(1) should be amended to
state ``12.36 acres,'' and the ``Survey'' in section 3(b)(2)
should refer to the existing survey from the 1979 acquisition.
<bullet> Reversion: We urge that Section 3(c) be amended to make
reversion at the Secretary's discretion.
S. 2373, CITY OF GREEN RIVER LAND CONVEYANCE ACT
S. 2373, the City of Green River Land Conveyance Act, directs the
BLM to sell at appraised fair market value approximately 132 acres of
public land to the City of Green River, Wyoming. The land would be used
for development along Interstate-80 east of Green River. The Department
of the Interior supports this proposal, but would like to work with the
sponsors of the bill and the Committee on certain technical changes.
Green River, Wyoming, is a growing community located west of Rock
Springs along the Green River in southwest Wyoming. The 132 acre parcel
proposed for conveyance straddles Interstate-80 and could be
appropriate for community expansion. We understand this is the
intention of the City of Green River. These lands have not been
identified for disposal in the BLM land use planning process. The land
is currently authorized for grazing, and sufficient access and acreage
for grazing would remain available if the lands were conveyed. There
are no mineral leases or mining claims on the parcel.
S. 2373 requires the Secretary to convey all right, title, and
interest to the land within 180 days after the City submits an offer to
acquire the land. The proceeds from the sale of the lands are to be
deposited in the Federal Land Disposal Account established under the
Federal Land Transaction Facilitation Act, Public Law 106-248, to be
expended in accordance with that Act.
We would like an opportunity to work with the Committee and the
sponsors of the bill on certain technical changes, including the
timeframes established in section 3(a) of the bill in order to ensure
sufficient time for completion of a land use plan amendment in
accordance with section 202 of the Federal Land Policy and Management
Act and completion of the necessary environmental reviews and
clearances.
H.R. 3507, PECHANGA BAND OF LUISENO MISSION INDIANS LAND TRANSFER ACT
H.R. 3507 is substantially similar to legislation (H.R. 4908) on
which we testified in the 108th Congress. This legislation directs the
Secretary of the Interior to transfer two parcels of public land
totaling approximately 991 acres in Riverside County, California,
currently managed by the Bureau of Land Management (BLM), into trust
status for the benefit of the Pechanga Band of Luiseno Mission Indians.
The Department of the Interior supports H.R. 3507, but recommends
certain technical and clarifying amendments to the bill. While several
of the changes we recommended when we testified during the 108th
Congress have been remedied in H.R. 3507, certain issues remain.
The BLM has worked with the Pechanga Band of Luiseno Mission
Indians over the past several years concerning their interest in
acquiring these two parcels of land to add to their reservation. Both
parcels are covered by BLM's 1994 South Coast Resource Management Plan
(RMP), which does not identify the parcels for disposal. The Department
understands that the Tribe has passed a Tribal resolution committing
the Tribe to conserving the parcels' cultural and wildlife values. In
addition, on November 11, 2005, the Tribe entered into a Memorandum of
Understanding (MOU) with the U.S. Fish and Wildlife Service and the
BLM, which states that the Tribe will manage the lands for conservation
purposes. Recognizing the Tribe's interest in obtaining the land for
cultural and conservation purposes, the BLM today would be supportive
of amending its land use plan to enable the transfer to proceed.
However, that process could take several years to complete and the
Tribe has sought this legislation to obtain the parcels more quickly
through the legislative process.
The first parcel is 19.83 acres and contains significant cultural
properties, including burials, of high importance to the Tribe. It is
an isolated public land parcel characterized by rolling coastal sage
scrub and surrounded by private, generally residential, lands. In
response to potential threats to the cultural resources of the parcel,
the BLM instituted a Public Land Order (No. 7343) in 1998 that withdrew
the entire parcel from surface entry, mining, mineral leasing, and
mineral material sales. No other encumbrances, including mining claims,
are known to exist on the lands. A Memorandum of Understanding between
BLM and the Pechanga Tribe was initiated in 2001 which outlines
cooperative management of the parcel, including preservation of its
cultural resources values. The Tribe owns and maintains an adjacent
parcel of land containing another portion of the Pechanga Historical
Site.
The second, and much larger parcel, is 970.96 acres and is adjacent
to the Tribe's reservation. These lands are included in the Western
Riverside County Multi-Species Habitat Conservation Plan and the Fish
and Wildlife Service (FWS) has found them to be significant for their
connectivity with rivers and as a wildlife corridor. The Tribe and
others were consulted on the Plan, and these wildlife values are
encompassed in the Tribal resolution referenced above. This rugged
parcel is characterized by a dense mix of oak woodlands, chaparral and
coastal sage scrub, and slopes throughout the parcel are steep and
eroded. The parcel also includes a service road right-of way, as well
as a 10-inch waterline and water tank that was granted for 30 years to
the Rainbow Municipal Water District in 1983. No other encumbrances,
including mining claims, are known to exist within this parcel.
Finally, H.R. 3507 requires that the land conveyed to the Pechanga
be administered in accordance with the MOU referenced above between the
Tribe, the U.S. Fish and Wildlife Service, and the BLM.
While the Department of the Interior supports the transfer of the
lands from the BLM to the Tribe, we recommend a few technical and
clarifying amendments. First, the bill requires the BLM to complete a
new survey. We recommend that the lands to be transferred be surveyed
``as soon as practicable,'' rather than within 180 days, as currently
required by the bill.
Second, we recommend language be added to the bill that specifies
that any improvements, appurtenances, and personal property will be
transferred to the Tribe in fee at no cost and that the Department of
the Interior is not responsible for any improvements, appurtenances,
and personal property that may be transferred along with the lands. The
Department feels this change is necessary to address concerns about the
Federal government having a fiduciary obligation to repair and maintain
any acquired improvements.
Third, the bill references the MOU between the Tribe and the U.S.
Fish and Wildlife Service. The BLM also was a signatory of the MOU and
we recommend that the measure reflect that.
Finally, the BLM recently became aware of an unauthorized power
line on a small portion (12.8 acres) of the southwest edge of the
larger parcel to be transferred. We understand the power line was built
in 1979. We would like to work with the Subcommittee and the bill's
sponsor to address this matter.
The Department has had a cooperative working relationship with the
Pechanga Tribe on the proposed land transfer and supports the bill's
enactment with the necessary modifications we have outlined.
Mr. Chairman, this concludes my testimony. I will be happy to
answer any questions.
Senator Craig. Well, Larry, thank you very much for your
testimony.
Before we come back to both of you for questions, I've now
been joined by my colleagues from Oregon and Wyoming. Let me
turn first to Senator Ron Wyden to make any comments he would
wish to make on any of these pieces of legislation, but I
assume, more specifically, the city of Eugene issue.
STATEMENT OF HON. RON WYDEN, U.S. SENATOR
FROM OREGON
Senator Wyden. Thank you very much, Mr. Chairman. And thank
you for holding this hearing, as well. I think, like everyone
today, we're being pulled in just so many directions, and I
just wanted to stop by for a minute and talk about my support
for S. 2150.
This is another piece of legislation where Senator Smith
and I have teamed up. We try to tackle all of these issues in a
bipartisan way because of their importance for Oregon. The
education center that is envisioned by this legislation would
be the culmination of over a decade of work on the part of
local folks to preserve the West Eugene Wetlands. This is a
planned campus that would eventually hold laboratories,
greenhouses, a reference library, and public gathering places
that would include an exhibit hall, an auditorium, and three
classrooms that serve the 2,200-acre West Eugene Wetlands.
Senator Smith and I have felt that with the city of Eugene
as a key partner with the BLM and others in building this
environmental education center, it would really be a model for
a collaborative approach that involves the BLM and the wetland
partnership that we think could have national implications for
environmental education. The Rachel Carson Natural Resource
School would be moved from its current location at Churchill
High School to this site to serve as a magnet school with
several districts in Lane County eligible for services and
participating in the Youth Corps programs, as well. Part of
those Youth Corps in the area, which you and I have talked
about, is adjudicated youth, which I think is a natural for the
kind of multiple-use approach that you and I have looked for in
the natural resources area, and that Senator Thomas has been so
supportive of, as well.
So, this is a bipartisan bill produced by the Oregon
congressional delegation with a BLM/city of Eugene alliance. We
thank you very much for your cooperation.
Senator Craig. Ron, thank you very much.
Now let me turn to Senator Craig Thomas to make any
comments he would like to make, and/or ask questions.
STATEMENT OF HON. CRAIG THOMAS, U.S. SENATOR
FROM WYOMING
Senator Thomas. OK, thank you, Mr. Chairman. I am sorry to
be a little late. This is a busy time of year, as you know, all
kinds of folks are here.
I am particularly interested, as you might imagine, in the
S. 2373. And I'm glad I got here in time for Mr. Benna's
comments on it.
This is a very important bill to a rather small town in
Wyoming, a small town that is on I-80, which has a lot of
traffic and a lot of travel; and lots of problems recently, as
a matter of fact, because of travel. It's also in an area where
there's a good deal of economic energy activity going on. And
this little town is surrounded entirely by Federal land. And in
order to have some expansion for the town, and then, maybe just
as importantly, to have an alternative method of moving to some
health activities in Rock Springs, which is a neighboring town,
this land is necessary.
So, I appreciate the agency being willing to do this. You
mentioned working out some details. We'll be glad to work with
you on that.
And so, Mr. Chairman, I appreciate it, and hope we can move
along with this bill.
Senator Craig. Thank you very much, Craig, for those
comments.
I've got a couple of questions I'd like to ask, and then I
think that will conclude the hearing.
Doctor, in the Fort Reno Mineral Leasing Act, this bill
calls for ratification of a science park instrument. Can you
explain what it is we would be ratifying?
Dr. Knipling. Yes, Mr. Chairman. The so-called science park
is a 23-acre area within the confines of the larger laboratory
land holdings that has been set aside for cooperative research
with universities. Currently, we are providing, through an
easement or a permit arrangement, space for the University of
Oklahoma to occupy a research facility. We had to use this
short-term easement permit instrument because we do not have
long-term leasing authority in our agency. So, the so-called
ratification would make whole, so to speak, and sustain, the
current instrument for the longer term, but also then provide
lease authority for similar potential future activities that
might come up.
Senator Craig. OK. Could you make sure that my staff has a
complete copy of these documents?
Dr. Knipling. Yes, we will.
Senator Craig. Last, would leasing for oil and gas in any
way interfere with the agricultural research currently
occurring on the site?
Dr. Knipling. No, we do not expect it to have any
interference. With today's technology for oil and gas drilling,
the wellhead at the surface occupies very little space, perhaps
something less than the size of this room. And then, of course,
that, in turn, services several hundred acres of underground
resources. So, we expect the surface activity to be minimal,
environmentally sound, unobtrusive, and have no effect on the
research programs.
Senator Craig. Surely. Thank you.
Larry, several questions here. As it relates to the Nevada
bill, it's my understanding that this bill would modify land-
sales authority provided under the Southern Nevada Lands Act.
Has the Department implemented programs for ensuring
accountability of the use of the funds generated by the
program?
Mr. Benna. Yes, Mr. Chairman, we have. And we are quite
confident that the funds that are generated by the Southern
Nevada Public Lands Management Act are being used effectively.
We have a process in place that is a joint effort between all
of the partners engaged in implementing SNPLMA, as it's called.
This includes the Federal partners, as well as the cities of
North Las Vegas and Henderson. It involves public participation
and public review of projects and lands that are proposed for
purchase or development with the funds that are developed from
SNPLMA. The Secretary of the Interior makes the final decision
on which projects go forward. Under this proposed bill, the
funds that are generated from the sale of lands in this bill
would go into the Southern Nevada Public Land Management Act
special account at the same percentage as authorized under the
Southern Nevada Public Lands Management Act.
Senator Craig. This bill would not interfere with the
Department's ability as it relates to accountability.
Mr. Benna. Absolutely not.
Senator Craig. OK.
Mr. Benna. It should--would have no effect at all.
Senator Craig. In the Eugene Land Conveyance Act, as a
partner, BLM has supported this effort, to date, with both land
and appropriated funds. Will this conveyance commit BLM to
additional long-term costs as a function of this partnership?
Mr. Benna. Mr. Chairman, I did want to start out by saying
that we are very proud of this partnership. It's been in place
since, I believe, 1994. And, as Senator Wyden has indicated, it
is a very good model for both cooperative conservation and
working together with local communities and partners.
We have provided some monetary support to this project in
the past. What is envisioned for the future, as Senator Wyden
indicated, is the development of an environmental education
center. That is being--it's envisioned to be funded, in part,
by the partners. BLM's contribution to that is the land that we
would be conveying under this bill. And that, in essence, would
complete our financial obligation to the project.
Senator Craig. OK. It's my understanding, in relation to
the Green River conveyance, that the BLM currently has the
authority to convey this land administratively. In the absence
of legislating it, how long would it take for a complete
conveyance of this property?
Mr. Benna. I believe, Mr. Chairman, that the issue we have
here is that the lands are not designated for disposal in a
BLM--current BLM land-use plan. And for us to complete this
transaction, we would have to do a plan amendment, which is, at
times, a fairly lengthy process. The length of the process is,
in good part, due to requirements for public participation and
other administrative processes. There is also a NEPA, National
Environmental Policy Act, requirement, as well. So, the time
could take us up to a year or so to complete a plan amendment.
Senator Craig. Up to a year?
Mr. Benna. Yes.
Senator Craig. That's kind of minimal, isn't it?
Mr. Benna. It is an amendment.
Senator Craig. Yes.
Mr. Benna. And, again, depending on the issues that may
arise with this----
Senator Craig. Yes, I'm sure that's why the Senator is
pursuing it in the method he is.
Senator Thomas. It's already been pending for some time.
Senator Craig. Last, Larry, in the Pechanga Band of the
Luiseno Mission land transfer, I understand that just in the
last 2 days BLM has discovered a 240 kV power line in trespass
on lands to be conveyed in the Act, a power line that is nearly
30 years old. I say this with a slight degree of disbelief. How
does a power line of this size go undetected on your land for
30 years?
Mr. Benna. That's a very good question, Mr. Chairman.
Senator Craig. That's why I ask it.
[Laughter.]
Mr. Benna. I think there's a few things at play here. I
think one is, the lands where this power line crosses--and it's
a very small segment of the BLM lands; I think there's about 12
or so acres this power line infringes upon--is an isolated
tract of BLM land. It's not used for any particular development
purposes or anything. It's not frequently visited. So, it's
just one of those instances where, I guess, when the power line
was put in place----
Senator Craig. Did the surveyors get it wrong at that time?
Was that the problem?
Mr. Benna. Possible. I mean----
Senator Craig. There is not a right of way on that land for
that power line?
Mr. Benna. I think----
Senator Craig. It's required.
Mr. Benna. The power line was issued in 1979. And this was
about 3 years or so after passage of the Federal Land Policy
and Management Act. So, at that time, apparently, some of the
paperwork, or whatever, was not in the best of shape that it
could be in.
Senator Craig. No, OK.
Mr. Benna. And, again, we don't frequent this parcel very
often, so----
Senator Craig. So, what can be done to correct the
situation in relation to this bill?
Mr. Benna. Again, we would like a little time to think
about this, because I did find out about this yesterday, as a
matter of fact. But there are--I think there are several
options that we can look at. And there are two general
categories of the options that might be available. One is if
there is an administrative remedy for this that would not
require legislation, or an amendment, or a modification to the
proposed legislation. There are some other options that could
be either legislative in nature or a combination of legislative
and administrative proposals. We'd like to have the opportunity
to work with the subcommittee to try and work out some----
Senator Craig. Well, we've got to get it right before we do
it, that's for sure.
All right. Gentlemen, thank you very much. As I've said,
the record will remain open, for any additional questions or
information to be submitted, for a period of 10 days. And we
thank you very much for coming to testify today on these bills.
Mr. Benna. Thank you, Mr. Chairman.
Senator Craig. The committee will stand adjourned.
[Whereupon, at 2:59 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
Department of Agriculture,
Agricultural Research Service,
Washington, DC, April 7, 2006.
Hon. James Inhofe,
U.S. Senate, Washington, DC.
Dear Senator Inhofe: Your letter of March 20, 2006, asked for our
comments on a white paper being circulated by the Cheyenne-Arapaho
Tribes of Oklahoma regarding S. 1832, the Fort Reno Mineral Leasing
Act. On March 27, 2006, we sent a preliminary response. Since then, we
have received additional assistance from our Office of the General
Counsel in providing you with more detailed information on this matter.
Therefore, we ask that you include this supplementary letter in the
hearing record.
There is a long history concerning the Cheyenne-Arapaho Tribes'
claims to the Federal lands now comprising the Grazinglands Research
Laboratory at Fort Reno administered by the Agricultural Research
Service. We believe the basic facts are undisputed.
<bullet> The original Cheyenne and Arapaho Indian Reservation
encompassed about 4 million acres in western Oklahoma and
included the Fort Reno lands.
<bullet> From the original reservation, President Chester Arthur
created the Fort Reno Military Reserve by an executive order
dated July 17, 1883. Neither the original request for the
military reserve, nor the executive order setting it aside
provided that the lands revert to the Tribe at any time in the
future.
<bullet> In 1890, the Tribes agreed to cede 4.6 million acres to the
United States including the Fort Reno site. By that agreement,
the Tribes agreed to ``cede, convey, transfer, relinquish, and
surrender forever and absolutely, without any reservation
whatever, express or implied, all their claim, title and
interest of every kind and character in and to the lands.'' (26
State 1022).
<bullet> This cession agreement was duly ratified by Congress in 1891
(26 Stat. 1022), and the Tribes were paid $1,500,000 in
compensation.
<bullet> In 1948, the Fort Reno lands were transferred from the Army
to the Department of Agriculture by enactment of Public Law 80-
494 (62 Stat. 197).
<bullet> Congress passed legislation in 1920 (41 Stat. 738), 1926 (44
Stat. 769) and 1928 (45 Stat. 380) which authorized the Tribes
to sue the United States to settle outstanding claims. The
Tribes sued in 1929, but the case was dismissed in 1941 for
failure to prosecute. (92 Ct. Cl. 607).
<bullet> Acting pursuant to the Indian Claims Commission Act of 1946,
the Tribes brought claims against the United States. In a 1965
settlement, damages in the amount of $15 million were paid to
the Tribes to ``finally settle and dispose of all rights,
claims or demands which the petitioner has asserted or could
have asserted.'' (16 ICC 162).
Based on the above, which are matters of public record, we believe
that it is settled that the Fort Reno lands were severed from the
Tribes reservation in 1883, and that compensation to the Tribes was
paid in 1891 and again in 1965.
We disagree with the Tribes contention that the United States
Government agreed to return Fort Reno to the Tribes when the lands
ceased to be used for military purposes and that they were never
compensated. The Tribes contend the 1883 executive order provides for a
return of the lands when it stated: ``that whenever any portion of the
land so set apart may be required by the Secretary of the Interior for
Indian purposes, the same shall be abandoned by the military upon
notice to that effect to the Secretary of War.'' However, this language
does not provide a reverter of the lands, but rather conditions for the
transfer of the land to Interior on a determination by the Secretary of
the Interior that such lands are necessary for Indian purposes. No such
determination was made prior to Congress' transfer of Fort Reno to the
Department of Agriculture in 1948.
Further, any question about reversion was clearly resolved by
superseding events, namely the 1891 ratification of the agreement
between the United States Government and the Tribes, and the settlement
of the claims asserted before the Indian Claims Commission. Indeed, the
1890 agreement ceding land to the United States expressly states that
the Tribes agreed:
. . . to cede, convey, transfer, relinquish, and surrender
forever and absolutely, without any reservation whatever,
express or implied, all their claim, title and interest of
every kind and character in and to the lands.
(26 Stat. 1022), emphasis added.
The Tribes' March 2006, memorandum alludes to the opinion of the
Solicitor of the Department of the Interior as supporting their claims.
In an internal memorandum dated February 26, 1999, the Solicitor did
write on this subject saying that the Tribes have ``credible
arguments'' to support their claims. This Agency and our legal counsel
disagree with the Solicitor's memorandum as a matter of both fact and
law. The above facts clearly show the lands in question were ceded to
the United States and compensation paid to the Tribes.
As a final note, the Tribes allege that S. 1832 is designed to
prevent the Tribes from regaining their land. As previously stated,
these are not Tribal lands. In the 1980s the Tribes alleged that the
lands were underutilized and, as a consequence, should be declared
surplus so that the Tribes could take them over. We disagree. Acting
according to law and in the public interest, we believe that the
Agricultural Research Service has been a responsible and effective
steward of the Fort Reno lands. We have no plans or intentions of
declaring any of these lands as excess or surplus to our needs. The
research we are providing American agriculture at the Grazinglands
Research Laboratory is significant and demonstrable, and will be
continued.
Thank you for the opportunity to provide these comments.
Sincerely,
Edward B. Knipling,
Administrator.
______
City of Eugene, Oregon,
Mayor's Office,
Eugene, OR, March 23, 2006.
Sen. Larry Craig,
Chairman, Subcommittee on Public Lands and Forests, Committee on Energy
and Natural Resources, U.S. Senate, Washington, DC.
Sen. Ron Wyden,
Ranking Member, Subcommittee on Public Lands and Forests, Committee on
Energy and Natural Resources, U.S. Senate, Washington, DC.
Dear Chair Craig and Ranking Member Wyden: Thank you for scheduling
a hearing on the Eugene Land Conveyance Act of 2005 (S. 2150) and
allowing this opportunity to comment on the legislation.
Since 1994, the Congress has been actively engaged in supporting
the West Eugene Wetlands by providing over $11 million to fund
preservation and conservation of critical wetlands in the Eugene area.
The West Eugene Wetlands Partnership formed in 1994, including the City
of Eugene and the Bureau of Land Management, and has since grown to
include the Eugene School Districts 4J and Bethel 52, U.S. Fish and
Wildlife Service, U.S. Army Corps of Engineers and the nonprofit
organization, Willamette Resources and Educational Network (WREN), as
well as the BLM and the City of Eugene. This partnership meets
regularly to identify and resolve planning, funding and operating
issues for the West Eugene Wetlands Area. A critical component of this
effort is a creation of a permanent environmental education center in
the West Eugene Wetlands Plan Area.
To accomplish this, the City requests congressional approval for
this land transfer from BLM to the City for the education campus site.
The site targeted for the center is the federally-owned BLM property
that is commonly known as the ``Red House'' property at 751 S. Danebo
Street in Eugene, Oregon.
This property was chosen as the desired location for the education
center for several important reasons: (a) its location in the heart of
the West Eugene Wetlands; (b) it is already in public ownership; (c) it
is easily accessible off of West 11th Avenue and the Fern Ridge bike
path; and (d) it has served as the hub of activity in the wetlands area
since the original West Eugene Wetlands partnership was formed in 1994.
west eugene wetlands education center
The West Eugene Environmental Education Center is a planned campus
with several major components:
<bullet> Resident classrooms, laboratory, and greenhouse,
<bullet> West Eugene Wetland Partnership office, reference library
building, interpretive wing, and greenhouse,
<bullet> Public building that includes an exhibit hall, auditorium,
and three classrooms.
The Rachel Carson Natural Resource School will be moved from its
current location at Churchill High School to this site adjacent to
Amazon Creek and the West Eugene Wetlands. The intent is to convert the
program into a magnet school with several districts in Lane County
eligible for its services. It will initially serve up to 60 students
for Phase 1 and 120 students at full build out. It will eventually
contain additional classroom facilities for participating youth corps
programs, including adjudicated youth.
Since 2002, the City and its partners have provided educational and
interpretative programs to school groups, families, and adults; serving
8,975 participants. An onsite yurt is the temporary classroom.
Volunteers log more than 500-hours annually. Adults, college and high
school students mentor, lead educational programs, and assist with
wetland restoration. The existing program is not sustainable without a
permanent structure. Primitive conditions meet minimal safety and
sanitary standards, do not allow for year-round programming, nor meet
universally accessible requirements (ADA) or the growing need for
community programs.
BLM TRANSFER
The interagency partnership working on the education center came to
two points of agreement regarding the Red House parcel. One, the Red
House parcel presented the best site for the education center, due to
its central location within the WEW, its proximity to public transit
and bicycle transportation routes, and its public ownership status. The
education partnership also agreed that construction, operation, and
governance of the education center would function most smoothly if the
Red House parcel moved to City ownership.
The City has experience in developing and running public facilities
with partner agencies and groups, such as the 4J school district; City
government is designed to reflect local preferences, interests, and
needs, keeping the education center focused on the community it serves;
and City ownership provides a platform that is more attractive to
foundation and granting organizations than is federal ownership,
allowing greater success in the realm of private fund raising.
In conclusion, this transfer will enable the West Eugene Wetlands
Partnership to proceed with plans for a visionary education center in
West Eugene, and enhance the Congress' support for the West Eugene
Wetlands. For all these reasons, the City of Eugene urges you to
support the Eugene Land Conveyance Act (S. 2150). Thank you for your
consideration.
Sincerely,
Kitty Piercy,
Mayor.
______
San Diego Gas & Electric,
a Sempra Energy Utility,
San Diego, CA, March 31, 2006.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Hon. Larry B. Craig,
Chairman, Subcommittee on Public Lands and Forests, Committee on Energy
and Natural Resources, U.S. Senate, Washington, DC.
Re: Comments for the Record, H.R. 3507
Dear Chairmen Domenici and Craig: We are writing to provide our
formal comments for the record regarding H.R. 3507, a bill to transfer
certain Bureau of Land Management (BLM) lands and improvements thereon
in Riverside and San Diego counties to the Pechanga Band ofLuiseno
Mission Indians (Tribe), to be held in trust for the Tribe. We ask that
our letter be included in its entirety in the hearing record for the
March 29, 2006 hearing on H.R. 3507 before the Subcommittee on Public
Lands and Forests.
H.R. 3507 will transfer over 900 acres in the California counties
of Riverside and San Diego from the BLM to the Pechanga Tribe (Tribe).
San Diego Gas & Electric (SDG&E) has determined that, due to some
unresolved survey issues, approximately 1500 feet of an existing 51-
mile SDG&E 230 kV transmission line is likely inadvertently located
within the property to be conveyed to the Pechanga Tribe at the
immediate southern boundary in San Diego county. The affected area is
believed to be approximately 12.82 acres, as generally shown on the
maps included with this letter.
The 230 kV transmission line was originally built in the 1970's in
a 300 foot wide corridor. With the exception of this small piece of the
line, the remainder of the transmission corridor immediately south of
the likely affected area is otherwise located on SDG&E fee land.
This 230 kV transmission line is an integral part of SDG&E's
service network. The line generally carries power into our Escondido
substation, and at other critical times supplies power to our Orange
County customers. The line is essential in helping to manage congestion
and overloads throughout the SDG&E transmission system.
As drafted, H.R. 3507 would transfer both the underlying lands, and
any transmission facilities determined to be on those lands, to the
Tribe in trust upon enactment. It is clear that the intent of H.R. 3507
was not to transfer the existing SDG&E transmission line; neither the
BLM nor the Company was aware until recently of this boundary issue.
SDG&E is committed to working with the Congress, the BLM, and the
Pechanga Tribe to address this newly-discovered boundary issue in the
most expeditious and fair manner possible. We believe that the affected
acreage on which a small portion of the existing 230 kV transmission
line corridor may run should be excluded from transfer to the Tribe in
order to preserve SDG&E's flexibility to address, among other things,
necessary maintenance and access issues for this critical transmission
corridor over the long-term.
Sincerely,
James P. Avery,
Senior Vice President-Electric.
[Enclosures.]