[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4326 Enrolled Bill (ENR)]

        H.R.4326

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 the 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 the 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 para- graph (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.