[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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