[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4326 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4326

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 1998

 Mr. Smith of Oregon introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  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.
             TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS

Sec. 101. Land transfers involving Rogue River National Forest and 
                            other public lands in Oregon.
   TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LANDS

Sec. 201. Definitions.
Sec. 202. No net loss of O&C lands, CBWR lands, and public domain 
                            lands.
Sec. 203. Modifications to sales authority.
Sec. 204. Modifications to exchange authority.
Sec. 205. Administration of lands acquired in geographic area; 
                            redesignation of public domain lands.
Sec. 206. Relationship to Umpqua land exchange authority.

             TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS

SEC. 101. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOREST AND 
              OTHER PUBLIC LANDS IN OREGON.

    (a) Transfer From Public Domain to National Forest.--
            (1) Land transfer.--The public domain lands depicted on the 
        map entitled ``BLM/Rogue River N.F. Administrative Jurisdiction 
        Transfer'' and dated April 28, 1998, 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.
    (b) Transfer From National Forest to Public Domain.--
            (1) Land transfer.--The Federal lands depicted on the map 
        entitled ``BLM/Rogue River N.F. Administrative Jurisdiction 
        Transfer'' and dated April 28, 1998, 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.
    (c) Restoration of Status of Certain National Forest Lands as 
Revested Railroad Grant Lands.--
            (1) Restoration of earlier status.--The Federal lands 
        depicted on the map entitled ``BLM/Rogue River N.F. 
        Administrative Jurisdiction Transfer'' and dated April 28, 
        1998, 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.
    (d) Addition of Certain Revested Railroad Grant Lands to National 
Forest.--
            (1) Land transfer.--The revested Oregon and California 
        Railroad grant lands depicted on the map entitled ``BLM/Rogue 
        River N.F. Administrative Jurisdiction Transfer'' and dated 
        April 28, 1998, 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.).
    (e) 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 the 
map entitled ``Rogue River National Forest Boundary Adjustment'' and 
dated April 28, 1998.
    (f) Maps.--Within 60 days after the date of the enactment of this 
Act, the maps referred to in this section shall be available for public 
inspection in the office of the Chief of the Forest Service.
    (g) 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.

   TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LANDS

SEC. 201. DEFINITIONS.

    For purposes of this title:
            (1) O&C lands.--The term ``O&C lands'' means the lands 
        that--
                    (A) revested in the United States under the Act of 
                June 9, 1916 (Chapter 137; 39 Stat. 218), commonly 
                known as Oregon and California Railroad grant lands; 
                and
                    (B) are 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 lands.--The term ``CBWR lands'' means the lands 
        that--
                    (A) were reconveyed to the United States under the 
                Act of February 26, 1919 (Chapter 47; 40 Stat. 1179), 
                commonly known as Coos Bay Wagon Road grant lands; and
                    (B) are 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 lands.--The term ``public domain lands'' 
        has the meaning given the term ``public lands'' in the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), except that the term does not include O&C lands and CBWR 
        lands.
            (4) Geographic area.--The term ``geographic area'' means 
        all lands in the State of Oregon located within the boundaries 
        of the Bureau of Land Management's Medford District, Roseburg 
        District, Eugene District, Salem District, Coos Bay District, 
        and Klamath Resource Area of the Lakeview District, as those 
        districts and that resource area were constituted on January 1, 
        1998.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Timberlands.--The term ``timberlands'' means lands 
        identified as timberlands in any land use plan under the 
        Federal Land Policy and Management Act of 1976 (16 U.S.C. 1701-
        1782).

SEC. 202. NO NET LOSS OF O&C LANDS, CBWR LANDS, AND PUBLIC DOMAIN 
              LANDS.

    In carrying out sales, purchases, and exchanges of lands located in 
the geographic area, the Secretary shall ensure that upon the 
expiration of the 10-year period beginning on the date of the enactment 
of this Act, and of each 10-year period thereafter, the total number of 
acres of O&C lands and CBWR lands in the geographic area, and the total 
number of acres of O&C lands, CBWR lands, and public domain lands in 
the geographic area that are available for timber harvesting, are not 
less than the number of acres of such lands on the date of the 
enactment of this Act.

SEC. 203. MODIFICATIONS TO SALES AUTHORITY.

    (a) Limitation on Lands To Be Sold.--Notwithstanding any other 
sales authority of the Secretary, the Secretary may not sell any O&C 
lands, CBWR lands, or public domain lands within the geographic area 
that are located within--
            (1) a congressionally designated wilderness area;
            (2) the national wild and scenic river system; or
            (3) an area designated by the Secretary under the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
        to be an area of critical environmental concern.
    (b) Price; Procedures.--Notwithstanding any other sales authority 
of the Secretary, the Secretary shall make all sales of O&C lands, CBWR 
lands, public domain lands within the geographic area--
            (1) at a price that is not less than the fair market value 
        of the lands sold, as determined by the Secretary; and
            (2) by competitive public bidding, under procedures 
        established by the Secretary that ensure adequate notice to 
        owners of land adjoining the land proposed for sale, to local 
        governments in the vicinity of the land proposed for sale, and 
        to the State of Oregon.

SEC. 204. MODIFICATIONS TO EXCHANGE AUTHORITY.

    (a) Limitation on Federal Lands To Be Exchanged.--Notwithstanding 
any other exchange authority of the Secretary, the Secretary may not 
exchange out of Federal ownership any O&C lands, CBWR lands, or public 
domain lands within the geographic area that are located within--
            (1) a congressionally designated wilderness area;
            (2) the national wild and scenic river system; or
            (3) an area designated by the Secretary under the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
        to be an area of critical environmental concern.
    (b) Limitation on Non-Federal Lands Acquired.--Notwithstanding any 
other exchange authority of the Secretary, all non-Federal lands 
acquired by the Secretary in an exchange for O&C lands, CBWR lands, or 
public domain lands within the geographic area must be located within 
the geographic area.
    (c) Procedures.--The Secretary shall establish procedures for 
exchanges out of Federal ownership of O&C lands, CBWR lands, and public 
domain lands within the geographic area, including--
            (1) procedures for valuing the lands exchanged; and
            (2) procedures that ensure adequate notice of proposed 
        exchanges to local governments in the vicinity of all lands to 
        be exchanged and to the State of Oregon.
    (d) Requirements for Value of Exchanged Lands.--Notwithstanding any 
other exchange authority of the Secretary, the Secretary may not 
exchange out of Federal ownership O&C lands, CBWR lands, or public 
domain lands within the geographic area if the fair market value of the 
lands received by the United States in the exchange--
            (1) is less than 75 percent of the fair market value of the 
        lands conveyed by the United States in the exchange; or
            (2) is greater than 125 percent of the fair market value of 
        the lands conveyed by the United States in the exchange.
    (e) Equalization Payments.--The Secretary, as necessary to ensure 
that the total value received by the United States in an exchange out 
of Federal ownership of O&C lands, CBWR lands, or public domain lands 
within the geographic area is equal to the total value conveyed by the 
United States in the exchange, shall--
            (1) use otherwise available amounts to pay, to the person 
        from whom lands are acquired by the United States in the 
        exchange, the difference between the value of the lands 
        received by the United States and the value of the lands 
        conveyed by the United States; or
            (2) require that person to pay that difference to the 
        United States.

SEC. 205. ADMINISTRATION OF LANDS ACQUIRED IN GEOGRAPHIC AREA; 
              REDESIGNATION OF PUBLIC DOMAIN LANDS.

    (a) Acquired Lands.--All lands in the geographic area acquired by 
the United States and managed by the Secretary through the Bureau of 
Land Management after the date of the enactment of this Act shall for 
all purposes have the same status, be administered, and be otherwise 
treated as O&C lands.
    (b) Redesignation of Public Domain Lands for Treatment as Revested 
Lands.--
            (1) Lands designated.--Not later than September 30, 1999, 
        the Secretary shall--
                    (A) designate, for treatment as O&C lands under 
                paragraph (2), all public domain lands in the 
                geographic area that, on the date of the enactment of 
                this Act, are timberlands; and
                    (B) notify the Congress of that designation.
            (2) Treatment of redesignated lands.--Lands designated by 
        the Secretary under paragraph (1) shall for all purposes have 
        the same status, be administered, and be otherwise treated as 
        O&C lands.
            (3) Revenue distribution.--(A) Notwithstanding paragraphs 
        (1) and (2), revenues that are produced on or before September 
        30, 2003, on lands designated by the Secretary under paragraph 
        (1) shall be distributed according to provisions of law in 
        effect immediately before the enactment of this Act.
            (B) Notwithstanding paragraphs (1) and (2), revenues that 
        are produced after September 30, 2003, on lands designated by 
        the Secretary under paragraph (1) and that are available to 
        counties pursuant to the Act of August 28, 1937 (43 U.S.C. 
        1181a et seq.), shall be disbursed to the Association of Oregon 
        and California Land Grant Counties, for redistribution, after 
        deducting a reasonable sum for costs of administration, as 
        follows:
                    (i) 92 percent shall be redistributed to counties 
                entitled to payments under the Act of August 28, 1937 
                (43 U.S.C. 1181a et seq.), in the same proportion as 
                other payments under that Act.
                    (ii) 8 percent shall be redistributed to counties 
                entitled to payments under section 3 of the Act of July 
                31, 1947 (chapter 4306; 30 U.S.C. 603), and the fifth 
                proposition of section 4 of the Act of February 14, 
                1859 (chapter XXXIII; 11 Stat. 383), in the same 
                proportion as other payments under those provisions.

SEC. 206. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY.

    Notwithstanding any other provision of this title, this title shall 
not apply to exchanges 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 exchanges are consistent with the 
provisions set forth in the Memorandum of Understanding between the 
Umpqua Land Exchange Project and the Association of Oregon and 
California Land Grant Counties, dated February 19, 1998.
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