[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2513 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2513

_______________________________________________________________________

                                 AN ACT


 
   To transfer administrative jurisdiction over certain Federal land 
   located within or adjacent to Rogue River National Forest and to 
  clarify the authority of the Bureau of Land Management to sell and 
                 exchange other Federal land 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 Land 
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 land in Oregon.
   TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND

Sec. 201. Definitions.
Sec. 202. No net loss of O & C land, CBWR land, or public domain land.
Sec. 203. Relationship to Umpqua land exchange authority.
           TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON

Sec. 301. Conveyance to Deschutes County, Oregon.

             TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS

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

    (a) Transfer From Public Domain to National Forest.--
            (1) Land transfer.--The public domain land depicted on the 
        map entitled ``BLM/Rogue River NF Administrative Jurisdiction 
        Transfer, North Half'' and dated April 28, 1998, and the map 
        entitled ``BLM/Rogue River NF Administrative Jurisdiction 
        Transfer, South Half'' 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, is added to 
        and made a part of Rogue River National Forest.
            (2) Administrative jurisdiction.--Administrative 
        jurisdiction over the land described in paragraph (1) is 
        transferred from the Secretary of the Interior to the Secretary 
        of Agriculture.
            (3) Management.--Subject to valid existing rights, the 
        Secretary of Agriculture shall manage the land described in 
        paragraph (1) as part of Rogue River National Forest in 
        accordance with the Act of March 1, 1911 (commonly known as the 
        ``Weeks Law'') (36 Stat. 961, chapter 186), and other laws 
        (including regulations) applicable to the National Forest 
        System.
    (b) Transfer From National Forest to Public Domain.--
            (1) Land transfer.--The Federal land depicted on the maps 
        described in subsection (a)(1), consisting of approximately 
        1,632 acres within the external boundaries of Rogue River 
        National Forest, is transferred to unreserved public domain 
        status, and the status of the land as part of Rogue River 
        National Forest and the National Forest System is revoked.
            (2) Administrative jurisdiction.--Administrative 
        jurisdiction over the land described in paragraph (1) is 
        transferred from the Secretary of Agriculture to the Secretary 
        of the Interior.
            (3) Management.--Subject to valid existing rights, the 
        Secretary of the Interior shall administer such land under the 
        laws (including regulations) applicable to unreserved public 
        domain land.
    (c) Restoration of Status of Certain National Forest Land as 
Revested Railroad Grant Land.--
            (1) Restoration of earlier status.--The Federal land 
        depicted on the maps described in subsection (a)(1), consisting 
        of approximately 4,298 acres within the external boundaries of 
        Rogue River National Forest, is restored to the status of 
        revested Oregon and California Railroad grant land, and the 
        status of the land as part of Rogue River National Forest and 
        the National Forest System is revoked.
            (2) Administrative jurisdiction.--Administrative 
        jurisdiction over the land described in paragraph (1) is 
        transferred from the Secretary of Agriculture to the Secretary 
        of the Interior.
            (3) Management.--Subject to valid existing rights, the 
        Secretary of the Interior shall administer the land described 
        in paragraph (1) under the Act of August 28, 1937 (43 U.S.C. 
        1181a et seq.), and other laws (including regulations) 
        applicable to revested Oregon and California Railroad grant 
        land under the administrative jurisdiction of the Secretary of 
        the Interior.
    (d) Addition of Certain Revested Railroad Grant Land to National 
Forest.--
            (1) Land transfer.--The revested Oregon and California 
        Railroad grant land depicted on the maps described in 
        subsection (a)(1), consisting of approximately 960 acres within 
        the external boundaries of Rogue River National Forest, is 
        added to and made a part of Rogue River National Forest.
            (2) Administrative jurisdiction.--Administrative 
        jurisdiction over the land described in paragraph (1) is 
        transferred from the Secretary of the Interior to the Secretary 
        of Agriculture.
            (3) Management.--Subject to valid existing rights, the 
        Secretary of Agriculture shall manage the land described in 
        paragraph (1) as part of Rogue River National Forest in 
        accordance with the Act of March 1, 1911 (36 Stat. 961, chapter 
        186), and other laws (including regulations) applicable to the 
        National Forest System.
            (4) 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 land 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 adjusted to encompass the land 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 ``BLM/Rogue River NF Boundary Adjustment, North Half'' and 
dated April 28, 1998, and the map entitled ``BLM/Rogue River NF 
Boundary Adjustment, South Half'' and dated April 28, 1998.
    (f) Maps.--Not later than 60 days after the date of enactment of 
this Act, the maps described 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 enactment of this Act, the Secretary of the Interior and the 
Secretary of Agriculture shall--
            (1) revise the public land records relating to the land 
        transferred under this section to reflect the administrative, 
        boundary, and other changes made by this section; and
            (2) publish in the Federal Register appropriate notice to 
        the public of the changes in administrative jurisdiction made 
        by this section with regard to the land.

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

SEC. 201. DEFINITIONS.

    In this title:
            (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.

SEC. 202. 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.

SEC. 203. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY.

    Notwithstanding any other provision of this title, this title shall 
not apply to an exchange of land authorized under 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.

           TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON

SEC. 301. 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 and to promote the public interest in the efficient delivery 
of social services and public amenities in southern Deschutes County, 
Oregon, by--
            (1) providing land for private residential development to 
        compensate for development prohibitions on private land 
        currently zoned for residential development 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 the 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.--
            (1) In general.--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, the land 
        in Deschutes County, Oregon (referred to in this section as the 
        ``County''), comprising approximately 544 acres and lying in 
        Township 22, S., Range 10 E. Willamette Meridian, described as 
        follows:
                    (A) Sec. 1:
                            (i) Government Lot 3, the portion west of 
                        Highway 97;
                            (ii) Government Lot 4;
                            (iii) 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;
                    (B) Sec. 2:
                            (i) Government Lot 1;
                            (ii) SENE, SESW, the portion east of 
                        Huntington Road; NESE; NWSE; SWSE; SESE, the 
                        portion west of Highway 97;
                    (C) Sec. 11:
                            (i) Government Lot 10;
                            (ii) 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.
            (2) Suitability for sale.--The Secretary shall convey the 
        land under paragraph (1) only if the Secretary determines that 
        the land is suitable for sale through the land use planning 
        process.
    (c) 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 Nine East 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 Senate October 9 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2513

_______________________________________________________________________

                                 AN ACT

   To transfer administrative jurisdiction over certain Federal land 
   located within or adjacent to Rogue River National Forest and to 
  clarify the authority of the Bureau of Land Management to sell and 
                 exchange other Federal land in Oregon.