S. 1140

La Pine Land Conveyance Act

Latest

II

Calendar No. 289

111th CONGRESS

2d Session

S. 1140

[Report No. 111–139]

IN THE SENATE OF THE UNITED STATES

May 21, 2009

Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

March 2, 2010

Reported by Mr. Bingaman, with an amendment

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

A BILL

To direct the Secretary of the Interior to convey certain Federal land to Deschutes County, Oregon.

1.

Short title

This Act may be cited as the La Pine Land Conveyance Act.

2.

Definitions

In this Act:

(1)

County

The term County means the County of Deschutes, Oregon.

(2)

Map

The term map means the map entitled La Pine Proposed Land Transfer Proposal and dated May __, 2009.

(3)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

3.

Conveyance of land to the county of Deschutes, Oregon

(a)

In general

As soon as practicable after the date of enactment of this Act, subject to valid existing rights, and 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), the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b).

(b)

Description of land

The land referred to in subsection (a) consists of—

(1)

approximately 320 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as parcel A; and

(2)

approximately 750 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as parcel B.

(c)

Map on file

The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(d)

Use of conveyed land

(1)

In general

The land conveyed under subsection (a) shall be used as a rodeo ground, public sewer system, or other public purpose consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.).

(2)

Limitations

The land conveyed under subsection (a)—

(A)

shall not be used for residential or commercial purposes; and

(B)

shall be used consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.).

(3)

Additional terms and conditions

The Secretary may require such additional terms and conditions for the conveyance as the Secretary determines to be appropriate to protect the interests of the United States.

(e)

Administrative costs

The Secretary shall require the County to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land under subsection (a).

(f)

Reversion

(1)

In general

If the land conveyed under subsection (a) ceases to be used for the public purpose for which the land was conveyed, the land shall, at the discretion of the Secretary, revert to the United States.

(2)

Responsibility of district

If the Secretary determines under paragraph (1) that the land should revert to the United States and that the land is contaminated with hazardous waste, the County shall be responsible for remediation of the contamination.

1.

Short title

This Act may be cited as the La Pine Land Conveyance Act.

2.

Definitions

In this Act:

(1)

City

The term City means the City of La Pine, Oregon.

(2)

County

The term County means the County of Deschutes, Oregon.

(3)

Map

The term map means the map entitled La Pine, Oregon Land Transfer and dated December 11, 2009.

(4)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

3.

Conveyances of land

(a)

In general

As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this Act, and 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), the Secretary shall convey to the City or County, without consideration, all right, title, and interest of the United States in and to each parcel of land described in subsection (b).

(b)

Description of land

The parcels of land referred to in subsection (a) consist of—

(1)

the approximately 150 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as parcel A, to be conveyed to the County, which is subject to a right-of-way retained by the Bureau of Land Management for a power substation and transmission line;

(2)

the approximately 750 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as parcel B, to be conveyed to the County; and

(3)

the approximately 10 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as parcel C, to be conveyed to the City.

(c)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(d)

Use of conveyed land

(1)

In general

Consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.), the land conveyed under subsection (a) shall be used for the following public purposes and associated uses:

(A)

The parcel described in subsection (b)(1) shall be used for outdoor recreation, open space, or public parks, including a rodeo ground.

(B)

The parcel described in subsection (b)(2) shall be used for a public sewer system.

(C)

The parcel described in subsection (b)(3) shall be used for a public library, public park, or open space.

(2)

Additional terms and conditions

The Secretary may require such additional terms and conditions for the conveyances under subsection (a) as the Secretary determines to be appropriate to protect the interests of the United States.

(e)

Administrative costs

The Secretary shall require the County to pay all survey costs and other administrative costs associated with the conveyances to the County under this Act.

(f)

Reversion

If the land conveyed under subsection (a) ceases to be used for the public purpose for which the land was conveyed, the land shall, at the discretion of the Secretary, revert to the United States.

March 2, 2010

Reported with an amendment