[DOCID: f:hr398.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-398
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DOUGLAS COUNTY, WASHINGTON, PUD CONVEYANCE ACT
_______
October 22, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 523]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 523) 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, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Douglas County, Washington, PUD
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Public land.--The term ``public land'' means the
approximately 622 acres of Federal land managed by the Bureau
of Land Management and identified for conveyance on the map
prepared by the Bureau of Land Management entitled ``Douglas
County Public Utility District Proposal'' and dated March 2,
2006.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) PUD.--The term ``PUD'' means the Public Utility District
No. 1 of Douglas County, Washington.
(4) Wells hydroelectric project.--The term ``Wells
Hydroelectric Project'' means Federal Energy Regulatory
Commission Project No. 2149.
SEC. 3. CONVEYANCE OF PUBLIC LAND, WELLS HYDROELECTRIC PROJECT, PUBLIC
UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY,
WASHINGTON.
(a) Conveyance Required.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), and notwithstanding
section 24 of the Federal Power Act (16 U.S.C. 818) and Federal Power
Order for Project 2149, and subject to valid existing rights, if not
later than 45 days after the date of completion of the appraisal
required under subsection (b), the Public Utility District No. 1 of
Douglas County, Washington, submits to the Secretary of the Interior an
offer to acquire the public land for the appraised value, the Secretary
shall convey, not later than 30 days after the date of the offer, to
the PUD all right, title, and interest of the United States in and to
the public land.
(b) Appraisal.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall complete an appraisal of the public land.
The appraisal shall be conducted in accordance with the ``Uniform
Appraisal Standards for Federal Land Acquisitions'' and the ``Uniform
Standards of Professional Appraisal Practice''.
(c) Payment.--Not later than 30 days after the date on which the
public land is conveyed under this section, the PUD shall pay to the
Secretary an amount equal to the appraised value of the public land as
determined under subsection (b).
(d) Map and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary shall finalize legal
descriptions of the public land to be conveyed under this section. The
Secretary may correct any minor errors in the map referred to in
section 2 or in the legal descriptions. The map and legal descriptions
shall be on file and available for public inspection in appropriate
offices of the Bureau of Land Management.
(e) Costs of Conveyance.--As a condition of conveyance, any costs
related to the conveyance under this section shall be paid by the PUD.
(f) Disposition of Proceeds.--The Secretary shall deposit the
proceeds from the sale in the Federal Land Disposal Account established
by section 206 of the Federal Land Transaction Facilitation Act (43
U.S.C. 2305) to be expended to improve access to public lands
administered by the Bureau of Land Management in the State of
Washington.
SEC. 4. SEGREGATION OF LANDS.
(a) Withdrawal.--Except as provided in section 3(a), effective
immediately upon enactment of this Act, and subject to valid existing
rights, the public land is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws, and all amendments thereto;
(2) location, entry, and patenting under the mining laws, and
all amendments thereto; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws, and all amendments thereto.
(b) Duration.--This section expires two years after the date of
enactment of this Act or on the date of the completion of the
conveyance under section 3, whichever is earlier.
SEC. 5. RETAINED AUTHORITY.
The Secretary shall retain the authority to place conditions on the
license to insure adequate protection and utilization of the public
land granted to the Secretary in section 4(e) of the Federal Power Act
(16 U.S.C. 797(e)) until the Federal Energy Regulatory Commission has
issued a new license for the Wells Hydroelectric Project, to replace
the original license expiring May 31, 2012, consistent with section 15
of the Federal Power Act (16 U.S.C. 808).
PURPOSE OF THE BILL
The purpose of H.R. 523 is to require the Secretary of the
Interior to convey certain public land located wholly or in
part within the boundaries of the Wells Hydroelectric Project
of Public Utility District No. 1 of Douglas County, Washington,
to the utility district.
BACKGROUND AND NEED FOR LEGISLATION
The Wells Hydroelectric Project, operated by Public Utility
District (PUD) #1 of Douglas County, Washington, provides
electricity to approximately 17,000 customers in Washington
State. The central feature of the project is a dam on the
Columbia River.
The PUD is in the early stages of the Federal Energy
Regulatory Commission (FERC) hydroelectric dam relicensing
process. The project was first licensed for 50 years in 1962.
That license expires May 31, 2012 and an application for
relicensing must be submitted by 2010.
According to the PUD, consolidation of ownership of several
federal parcels located within the project's boundaries would
assist in the relicensing, though no specific management issues
regarding these parcels have ever been raised.
As introduced, H.R. 523 directs the Secretary of the
Interior to convey all right, title and interest of the United
States in and to eight parcels of public land located partially
or entirely within the boundary of the project to the PUD. The
parcels are currently managed by the Bureau of Land Management
and total approximately 622 acres. The legislation requires an
appraisal of the land and the PUD would be required to pay the
appraised value of the land in order to receive the parcels.
COMMITTEE ACTION
H.R. 523 was introduced on January 17, 2007 by
Representative Doc Hastings (R-WA). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
On May 10, 2007, the Subcommittee held a hearing on the bill.
On October 10, the Subcommittee was discharged from further
consideration of H.R. 523 and the full Natural Resources
Committee met to consider the bill. Representative Raul
Grijalva (D-AZ) offered an amendment in the nature of a
substitute requiring that, although the federal government
under the terms of the legislation would no longer own land
within the project boundary, the Secretary of the Interior
would retain authority granted him under the Federal Power Act
to place conditions on the new license being issued to the PUD.
Further, the substitute specifies that proceeds from the sale
are to be deposited in a specific public land account and used
to provide improved access to public lands in Washington State.
The Grijalva substitute was adopted by unanimous consent. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 entitles the legislation the ``Douglas County,
Washington PUD Conveyance Act.''
Section 2. Definitions
This section defines several key terms used in the
legislation.
Section 3. Conveyance of public land, Wells Hydroelectric Project,
Public Utility District No. 1 of Douglas County, Washington
Section 3(a) requires the Secretary of the Interior to
convey all right, title, and interest of the United States in
the land identified in the bill to the PUD, notwithstanding
certain provisions of law which would prohibit such a sale
administratively. This section gives the PUD 45 days after
completion of an appraisal to make an offer to purchase the
acreage. The Secretary is then required to make the conveyance
within 30 days of receiving the offer to buy the land at the
appraised value.
Section 3(b) requires the Secretary to complete an
appraisal of the land within 60 days after the date of
enactment of H.R. 523. The appraisal is to be conducted
according to the ``Uniform Appraisal Standards for Federal Land
Acquisition'' and the ``Uniform Standards of Professional
Appraisal Practice.''
Section 3(c) requires the PUD to pay the Secretary the
appraised value of the land within 30 days after the date on
which the land is conveyed to the PUD.
Section 3(d) requires the Secretary to finalize a map and
legal descriptions of the public land to be conveyed under the
bill and Section 3(e) specifies that the PUD will pay all costs
associated with this transaction.
Section 3(f) directs the Secretary to deposit the proceeds
from the conveyance into the Federal Land Deposit Account
established by section 206 of the Federal Land Transaction
Facilities Act (Public Law 106-248) to be expended ``to improve
access to public lands administered by the Bureau of Land
Management in Washington State.''
Section 4. Segregation of lands
This section prohibits filing of any mining or other
development claims during pendency of the conveyance authorized
by this legislation.
Section 5. Retained authority
This section requires that, although the federal government
will no longer own land within the project boundary after the
conveyance, the Interior Secretary retains authority granted
him under the Federal Power Act to place conditions on the new
license being issued to the PUD. Such conditions will insure
adequate protection of resources located on the land.
During the hearing on this measure, the Committee received
testimony from several witnesses pointing out that allowing a
non-federal entity to avoid the authority granted federal land
managers under the Federal Power Act by simply privatizing
federal lands within project boundaries would set a negative
precedent and could incentivize such sales. Further, the Bureau
of Land Management urged the Committee to ``provide safeguards
to protect the known resource values on these lands.'' Section
5 addresses these concerns.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General performance goals and objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office cost estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 523--Douglas County, Washington, PUD Conveyance Act
H.R. 523 would authorize the Secretary of the Interior to
convey, at fair market value, 622 acres of federal land to the
Douglas County Public Utility District No. 1 (PUD). Any federal
administrative costs of the conveyance would be borne by the
PUD. CBO estimates that any net budgetary impact from enacting
this legislation would be negligible.
Four percent of the proceeds of the conveyance, classified
as offsetting receipts, would be transferred to the state of
Washington for education expenses or to build public
infrastructure. The remaining receipts would be deposited into
the Federal Land Deposit Account, which was created by the
Federal Land Transaction Facilities Act. Those receipts would
be available without further appropriation, to the Secretary of
the Interior and the Secretary of Agriculture to purchase land
inholdings (parcels of land that are entirely surrounded by
federally owned land).
The sale of federal land could result in forgone offsetting
receipts if, under current law, those lands would generate
income from activities such as mineral leasing and mining.
According to the Bureau of Land Management (BLM), that land
currently generates no significant receipts and BLM does not
anticipate any receipts from it over the next 10 years.
H.R. 523 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this bill would benefit the PUD, and any costs that it
might incur in association with the conveyance of land would be
incurred voluntarily.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 523 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
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