The Deschutes National Forest is accepting public comments on a proposal to convey 48 acres of National Forest System land to the City of Bend under the Townsite Act. The comment deadline is September 8, 2025.
The Townsite Act
The Townsite Act, originally passed in the late 1800s, was designed to allow for the sale or conveyance of small parcels of federal land to local governments for public purposes such as schools, municipal water systems, or other community infrastructure. In this case, the City of Bend is seeking to use the Act to permanently acquire 48 acres of National Forest System land for water infrastructure expansion. While the Act provides a legal mechanism for communities to secure lands essential to public health and safety, it also results in the permanent removal of public lands from the federal estate. Any such transfer must be carefully reviewed to ensure that the benefits outweigh the long-term loss of public ownership and access.
The City of Bend plans to use this parcel to expand its potable water infrastructure at the Outback Water Filtration Facility. According to the City’s Integrated Water System Master Plan, current infrastructure is not adequate to meet future demand. The stated purpose of the expansion is to:
- Continue to meet state and federal standards for municipal water systems to ensure safe drinking water for the Bend community for the next 50 years.
- Maintain compliance with a 1926 agreement with the Forest Service to manage the Bend Municipal Watershed for source water quality.
- Build system resiliency to wildfire risks.
- Expand the Outback site to accommodate additional infrastructure for the City’s population growth.
The Forest Service is considering only two alternatives: the No Action Alternative (leave the site as-is) or the Proposed Action, approve the land sale and re-route Forest Service Road 4606.
Road Changes and Access Impacts
If approved, the project would:
- Close approximately 0.16 mile of existing Forest Service road, with physical barriers like boulders, seeding, and slash placement.
- Convey nearly 1 mile of Forest Service roads within the expansion area to the City. Much of this would become a dedicated access road to the filtration facility, closed to the public to meet federal security requirements.
- Realign approximately 0.25 mile of FS Road 4606 to maintain public access, with construction of a two-lane road to Forest Service standards. The City would construct and maintain this realignment.
- Clear trees and vegetation, including ponderosa and juniper, for the roadwork.
- Relocate the existing gate for the Tumalo Winter Range Cooperative Closure farther down FS Road 4606. This closure runs from December 1 to March 31 each year.
BRC supports the land sale in order to provide critical infrastructure for the City of Bend that provides resources for recreation users. We appreciate the Forest Service addressing the needs of Forest Service Road 4606 and the need to re-route the road to maintain access and recreational opportunities. We would like to see the EA include specific timelines of when the re-route will be completed and public access restored after the sale of this land. Send a comment to the USFS below!
