[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4326 Engrossed in House (EH)]
2d Session
H. R. 4326
_______________________________________________________________________
AN ACT
To transfer administrative jurisdiction over certain Federal lands
located within or adjacent to the Rogue River National Forest and to
clarify the authority of the Bureau of Land Management to sell and
exchange other Federal lands in Oregon.
105th CONGRESS
2d Session
H. R. 4326
_______________________________________________________________________
AN ACT
To transfer administrative jurisdiction over certain Federal lands
located within or adjacent to the Rogue River National Forest and to
clarify the authority of the Bureau of Land Management to sell and
exchange other Federal lands in Oregon.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Oregon Public
Lands Transfer and Protection Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Land transfers involving Rogue River National Forest and other
public lands in Oregon.
Sec. 3. Protection of Oregon and California Railroad grant lands
Sec. 4. Hart Mountain jurisdictional transfers, Oregon.
Sec. 5. Boundary expansion, Bandon Marsh National Wildlife Refuge,
Oregon.
Sec. 6. Willow Lake Natural Treatment System Project, Salem, Oregon.
Sec. 7. Conveyance to Deschutes County, Oregon.
SEC. 2. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOREST AND OTHER
PUBLIC LANDS IN OREGON.
(a) Map References.--In this section:
(1) The term ``maps 1 and 2'' refers to the maps entitled
``BLM/Rogue River NF Administrative Jurisdiction Transfer,
North Half'' and ``BLM/Rogue River NF Administrative
Jurisdiction Transfer, South Half'' , both dated April 28,
1998.
(2) The term ``maps 3 and 4'' refers to the maps entitled
``BLM/Rogue River NF Boundary Adjustment, North Half'' and
``BLM/Rogue River NF Boundary Adjustment, South Half'' , both
dated April 28, 1998.
(b) Transfer From Public Domain to National Forest.--
(1) Land transfer.--The public domain lands depicted on
maps 1 and 2 consisting of approximately 2,058 acres within the
external boundaries of Rogue River National Forest in the State
of Oregon are hereby added to and made a part of Rogue River
National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of the Interior to the
Secretary of Agriculture. Subject to valid existing rights, the
Secretary of Agriculture shall manage such lands as part of
Rogue River National Forest in accordance with the Act of March
1, 1911 (commonly known as the Weeks Law), and under the laws,
rules, and regulations applicable to the National Forest
System.
(c) Transfer From National Forest to Public Domain.--
(1) Land transfer.--The Federal lands depicted on maps 1
and 2 consisting of approximately 1,632 acres within the
external boundaries of Rogue River National Forest are hereby
transferred to unreserved public domain status, and their
status as part of Rogue River National Forest and the National
Forest System is hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands under
the laws, rules, and regulations applicable to unreserved
public domain lands.
(d) Restoration of Status of Certain National Forest Lands as
Revested Railroad Grant Lands.--
(1) Restoration of earlier status.--The Federal lands
depicted on maps 1 and 2 consisting of approximately 4,298
acres within the external boundaries of Rogue River National
Forest are hereby restored to the status of revested Oregon and
California Railroad grant lands, and their status as part of
Rogue River National Forest and the National Forest System is
hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands under
the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), and other
laws, rules, and regulations applicable to revested Oregon and
California Railroad grant lands under the administrative
jurisdiction of the Secretary of the Interior.
(e) Addition of Certain Revested Railroad Grant Lands to National
Forest.--
(1) Land transfer.--The revested Oregon and California
Railroad grant lands depicted on maps 1 and 2 consisting of
approximately 960 acres within the external boundaries of Rogue
River National Forest are hereby added to and made a part of
Rogue River National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of the Interior to the
Secretary of Agriculture. Subject to valid existing rights, the
Secretary of Agriculture shall manage such lands as part of the
Rogue River National Forest in accordance with the Act of March
1, 1911 (commonly known as the Weeks Law), and under the laws,
rules, and regulations applicable to the National Forest
System.
(3) Distribution of receipts.--Notwithstanding the sixth
paragraph under the heading ``forest service'' in the Act of
May 23, 1908 and section 13 of the Act of March 1, 1911 (16
U.S.C. 500), revenues derived from the lands described in
paragraph (1) shall be distributed in accordance with the Act
of August 28, 1937 (43 U.S.C. 1181a et seq.).
(f) Boundary Adjustment.--The boundaries of Rogue River National
Forest are hereby adjusted to encompass the lands transferred to the
administrative jurisdiction of the Secretary of Agriculture under this
section and to exclude private property interests adjacent to the
exterior boundaries of Rogue River National Forest, as depicted on maps
3 and 4.
(g) Maps.--Within 60 days after the date of the enactment of this
Act, the maps referred to in subsection (a) shall be available for
public inspection in the office of the Chief of the Forest Service.
(h) Miscellaneous Requirements.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Interior and
the Secretary of Agriculture shall revise the public land records
relating to the lands transferred under this section to reflect the
administrative, boundary, and other changes made by this section. The
Secretaries shall publish in the Federal Register appropriate notice to
the public of the changes in administrative jurisdiction made by this
section with regard to lands described in this section.
SEC. 3. PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LANDS
(a) Definitions.--For purposes of this section:
(1) O & C land.--The term ``O & C land'' means the land
(commonly known as ``Oregon and California Railroad grant
land'') that--
(A) revested in the United States under the Act of
June 9, 1916 (39 Stat. 218, chapter 137); and
(B) is managed by the Secretary of the Interior
through the Bureau of Land Management under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.).
(2) CBWR land.--The term ``CBWR land'' means the land
(commonly known as ``Coos Bay Wagon Road grant land'') that--
(A) was reconveyed to the United States under the
Act of February 26, 1919 (40 Stat. 1179, chapter 47);
and
(B) is managed by the Secretary of the Interior
through the Bureau of Land Management under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.).
(3) Public domain land.--
(A) In general.--The term ``public domain land''
has the meaning given the term ``public lands'' in
section 103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702).
(B) Exclusions.--The term ``public domain land''
does not include O & C land or CBWR land.
(4) Geographic area.--The term ``geographic area'' means
the area in the State of Oregon within the boundaries of the
Medford District, Roseburg District, Eugene District, Salem
District, Coos Bay District, and Klamath Resource Area of the
Lakeview District of the Bureau of Land Management, as the
districts and the resource area were constituted on January 1,
1998.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Policy of No Net Loss of O & C Land, CBWR Land, or Public
Domain Land.--In carrying out sales, purchases, and exchanges of land
in the geographic area, the Secretary shall ensure that on expiration
of the 10-year period beginning on the date of enactment of this Act
and on expiration of each 10-year period thereafter, the number of
acres of O & C land and CBWR land in the geographic area, and the
number of acres of O & C land, CBWR land, and public domain land in the
geographic area that are available for timber harvesting, are not less
than the number of acres of such land on the date of enactment of this
Act.
(c) Relationship to Umpqua Land Exchange Authority.--
Notwithstanding any other provision of this section, this section shall
not apply to an exchange of land authorized pursuant to section 1028 of
the Omnibus Parks and Public Lands Management Act of 1996 (Public Law
104-333; 110 Stat. 4231), or any implementing legislation or
administrative rule, if the land exchange is consistent with the
memorandum of understanding between the Umpqua Land Exchange Project
and the Association of Oregon and California Land Grant Counties dated
February 19, 1998.
SEC. 4. HART MOUNTAIN JURISDICTIONAL TRANSFERS, OREGON.
(a) Transfer From the Bureau of Land Management to the United
States Fish and Wildlife Service.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the United States
Fish and Wildlife Service on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998, comprising
approximately 12,100 acres of land in Lake County, Oregon,
located adjacent to or within the Hart Mountain National
Antelope Refuge, is transferred from the Bureau of Land
Management to the United States Fish and Wildlife Service.
(2) Inclusion in refuge.--The parcels of land described in
paragraph (1) shall be included in the Hart Mountain National
Antelope Refuge.
(3) Withdrawal.--Subject to valid existing rights, the
parcels of land described in paragraph (1)--
(A) are withdrawn from--
(i) surface entry under the public land
laws;
(ii) leasing under the mineral leasing laws
and Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(iii) location and entry under the mining
laws; and
(B) shall be treated as parcels of land subject to
the provisions of Executive Order No. 7523 of December
21, 1936, as amended by Executive Order No. 7895 of May
23, 1938, and Presidential Proclamation No. 2416 of
July 25, 1940, that withdrew parcels of land for the
Hart Mountain National Antelope Refuge.
(4) Management.--The land described in paragraph (1) shall
be included in the Hart Mountain National Antelope Refuge and
managed in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.), and other
applicable law and with management plans and agreements between
the Bureau of Land Management and the United States Fish and
Wildlife Service for the Hart Mountain Refuge.
(b) Continued Management of Guano Creek Wilderness Study Area by
the Bureau of Land Management.--
(1) In general.--The parcels of land identified for
cooperative management on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998, comprising
approximately 10,900 acres of land in Lake County, Oregon,
located south of the Hart Mountain National Antelope Refuge,
shall be retained under the jurisdiction of the Bureau of Land
Management.
(2) Management.--The parcels of land described in paragraph
(1) that are within the Guano Creek Wilderness Study Area Act
shall be managed so as not to impair the suitability of the
area for designation as wilderness, in accordance with current
and future management plans and agreements (including the
agreement known as the ``Shirk Ranch Agreement'' dated
September 30, 1997), until such date as Congress enacts a law
directing otherwise.
(c) Transfer From the United States Fish and Wildlife Service to
the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the Bureau of Land
Management on the map entitled ``Hart Mountain Jurisdictional
Transfer'', dated February 26, 1998, comprising approximately
7,700 acres of land in Lake County, Oregon, located adjacent to
or within the Hart Mountain National Antelope Refuge, is
transferred from the United States Fish and Wildlife Service to
the Bureau of Land Management.
(2) Removal from refuge.--The parcels of land described in
paragraph (1) are removed from the Hart Mountain National
Antelope Refuge, and the boundary of the refuge is modified to
reflect that removal.
(3) Revocation of withdrawal.--The provisions of Executive
Order No. 7523 of December 21, 1936, as amended by Executive
Order No. 7895 of May 23, 1938, and Presidential Proclamation
No. 2416 of July 25, 1940, that withdrew the parcels of land
for the refuge, shall be of no effect with respect to the
parcels of land described in paragraph (1).
(4) Status.--The parcels of land described in paragraph
(1)--
(A) are designated as public land; and
(B) shall be open to--
(i) surface entry under the public land
laws;
(ii) leasing under the mineral leasing laws
and the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(iii) location and entry under the mining
laws.
(5) Management.--The land described in paragraph (1) shall
be managed in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, and the agreement known as the ``Shirk Ranch
Agreement'' dated September 30, 1997.
(d) Map.--A copy of the map described in subsections (a), (b), and
(c) and such additional legal descriptions as are applicable shall be
kept on file and available for public inspection in the Office of the
Regional Director of Region 1 of the United States Fish and Wildlife
Service, the local District Office of the Bureau of Land Management,
the Committee on Energy and Natural Resources of the Senate, and the
Committee on Resources of the House of Representatives.
(e) Correction of Reference to Wildlife Refuge.--Section 28 of the
Act of August 13, 1954 (68 Stat. 718, chapter 732; 72 Stat. 818; 25
U.S.C. 564w-1), is amended in subsections (f) and (g) by striking
``Klamath Forest National Wildlife Refuge'' each place it appears and
inserting ``Klamath Marsh National Wildlife Refuge''.
SEC. 5. BOUNDARY EXPANSION, BANDON MARSH NATIONAL WILDLIFE REFUGE,
OREGON.
Section 102 of Public Law 97-137 (95 Stat. 1709; 16 U.S.C. 668dd
note) is amended by striking ``three hundred acres'' and inserting
``1,000 acres''.
SEC. 6. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT, SALEM, OREGON.
(a) In General.--Title XVI of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) is
amended by adding at the end the following:
``SEC. 1634. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the city
of Salem, Oregon, is authorized to participate in the design, planning,
and construction of the Willow Lake Natural Treatment System Project to
reclaim and reuse wastewater within and without the service area of the
city of Salem.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.''.
(b) Clerical Amendment.--The table of sections in section 2 of such
Act is amended by inserting after the item relating to section 1633 the
following:
``Sec. 1634. Willow Lake Natural Treatment System Project.''.
SEC. 7. CONVEYANCE TO DESCHUTES COUNTY, OREGON.
(a) Purposes.--The purposes of this section are to authorize the
Secretary of the Interior to sell at fair market value to Deschutes
County, Oregon, certain land to be used to protect the public's
interest in clean water in the aquifer that provides drinking water for
residents of Deschutes County and to promote the public interest in the
efficient delivery of social services and public amenities in southern
Deschutes County by--
(1) providing land for private residential development to
compensate for development prohibitions on private land that is
currently zoned for residential development, but the
development of which would cause increased pollution of ground
and surface water;
(2) providing for the streamlined and low-cost acquisition
of land by nonprofit and governmental social service entities
that offer needed community services to residents of the area;
(3) allowing Deschutes County to provide land for community
amenities and services, such as open space, parks, roads, and
other public spaces and uses, to area residents at little or no
cost to the public; and
(4) otherwise assist in the implementation of the Deschutes
County Regional Problem Solving Project.
(b) Sale of Land.--The Secretary of the Interior, acting through
the Director of the Bureau of Land Management (referred to in this
section as the ``Secretary'') may make available for sale at fair
market value to Deschutes County, Oregon, a parcel of the land in
Deschutes County comprising approximately 544 acres and lying in
township 22 south, range 10 east, Willamette meridian, as more fully
described as follows:
(1) Section 1:
(A) Government Lot 3, the portion west of Highway
97;
(B) Government Lot 4;
(C) SENW, the portion west of Highway 97; SWNW, the
portion west of Highway 97, NWSW, the portion west of
Highway 97; SWSW, the portion west of Highway 97;
(2) Section 2:
(A) Government Lot 1;
(B) SENE, SESW, the portion east of Huntington
Road; NESE; NWSE; SWSE; SESE, the portion west of
Highway 97;
(3) Section 11:
(A) Government Lot 10;
(B) NENE, the portion west of Highway 97; NWNE;
SWNE, the portion west of Highway 97; NENW, the portion
east of Huntington Road; SWNW, the portion east of
Huntington Road; SENW.
(c) Suitability for Sale.--The Secretary shall convey the land
under subsection (b) only if the Secretary determines that the land is
suitable for sale through the land use planning process.
(d) Special Account.--The amount paid by the County for the
conveyance of land under subsection (b)--
(1) shall be deposited in a special account in the Treasury
of the United States; and
(2) may be used by the Secretary for the purchase of
environmentally sensitive land east of range 9 east, Willamette
meridian, in the State of Oregon that is consistent with the
goals and objectives of the land use planning process of the
Bureau of Land Management.
Passed the House of Representatives October 12, 1998.
Attest:
Clerk.