[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1629 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1629

  To provide for the exchange of certain land in the State of Oregon.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 23 (legislative day, September 22), 1999

    Mr. Smith of Oregon (for himself and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the exchange of certain land in the State of 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 Land 
Exchange Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Availability of map.
                   TITLE I--BUREAU OF LAND MANAGEMENT

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Land exchange.
                        TITLE II--FOREST SERVICE

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Land exchange.
                     TITLE III--EQUITABLE EXCHANGE

Sec. 301. Exchange valuation, appraisals, and equalization.
Sec. 302. Administration.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) certain parcels of private land located in northeast 
        Oregon are intermingled with land owned by the United States 
        and administered--
                    (A) by the Secretary of the Interior as part of the 
                Central Oregon Resource Area in the Prineville Bureau 
                of Land Management District and the Baker Resource Area 
                in the Vale Bureau of Land Management District; and
                    (B) by the Secretary of Agriculture as part of the 
                Malheur National Forest, the Wallowa-Whitman National 
                Forest, and the Umatilla National Forest;
            (2) the surface estate of the private land described in 
        paragraph (1) is intermingled with parcels of land that--
                    (A) are owned by the United States; or
                    (B) contain valuable fisheries and wildlife habitat 
                desired by the United States;
            (3) the intermingled land ownership pattern of the land 
        described in paragraph (1) has frustrated sound and efficient 
        land management on private land and Federal land by 
        complicating fish and wildlife habitat management, watershed 
        protection, recreation use, establishment of access, timber 
        harvest, boundary administration, and protection and management 
        of threatened and endangered species;
            (4) the blocks of private land within the areas described 
        in paragraph (1), and the land use and harvest restrictions 
        associated with the land, frustrate the efforts of private 
        landowners to meet their individual property management 
        objectives;
            (5) the improvement of management efficiency through the 
        land tenure adjustment program of the Department of the 
        Interior, which disposes of small isolated tracts within larger 
        blocks of contiguous parcels of land, would serve important 
        public objectives, including--
                    (A) the enhancement of public access, aesthetics, 
                and recreation opportunities within or adjacent to 
                designated wild and scenic river corridors;
                    (B) the protection and enhancement of habitat for 
                threatened, endangered, and sensitive species within 
                unified landscapes under Federal management; and
                    (C) the consolidation of holdings of the Bureau of 
                Land Management and the Forest Service--
                            (i) to facilitate more efficient 
                        administration, including a reduction in 
                        administrative costs to the United States; and
                            (ii) to reduce right-of-way, special use, 
                        and other permit processing and issuance for 
                        roads and other facilities on Federal land; 
            (6) time is of the essence in completing a land exchange 
        because further delays may force the identified landowners to 
        construct roads in, log, develop, or sell the private land and 
        thereby diminish the public values for which the private land 
        is to be acquired; and
            (7) it is in the public interest to complete the land 
        exchanges at the earliest practicable date so that the land 
        acquired by the United States can be preserved for--
                    (A) protection of threatened and endangered species 
                habitat; and
                    (B) permanent public use and enjoyment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Clearwater.--The term ``Clearwater'' means Clearwater 
        Land Exchange-Oregon, an Oregon partnership, or its successors 
        or assigns.
            (2) Identified landowners.--The term ``identified 
        landowners'' means private landowners identified by Clearwater 
        and willing to exchange private land for Federal land under 
        title I or title II.
            (3) Map.--The term ``map'' means the map entitled 
        ``Northeast Oregon Assembled Land Exchange/Triangle Land 
        Exchange'', dated August 27, 1999.

SEC. 4. AVAILABILITY OF MAP.

    The map shall be kept on file and available for public inspection 
in the appropriate offices of the Secretary of the Interior or the 
Secretary of Agriculture.

                   TITLE I--BUREAU OF LAND MANAGEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Northeast Oregon Assembled Land 
Exchange Act of 1999''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Offered land.--The term ``offered land'' means the land 
        described in section 103(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.
            (3) Selected land.--The term ``selected land'' means land 
        described in section 103(b).

SEC. 103. LAND EXCHANGE.

    (a) Offered Land.--
            (1) In general.--The exchange under subsection (b) shall be 
        conditioned on the conveyance by the appropriate identified 
        landowners of title acceptable to the Secretary to the parcels 
        of land described in paragraph (2).
            (2) Land description.--The parcels of land referred to in 
        paragraph (1) are as follows:
                    (A) The parcel comprising approximately 31,646 
                acres and located within the exterior boundaries of 
                Central Oregon Resource Area in the Prineville Bureau 
                of Land Management Districts, and the exterior 
                boundaries of Grant County, Oregon, as generally 
                depicted on the map.
                    (B) The parcel comprising approximately 1,960 acres 
                and located within the exterior boundaries of Baker 
                Resource Area in the Vale Bureau of Land Management 
                District, and the exterior boundaries of Morrow County, 
                Oregon, as generally depicted on the map.
                    (C) The parcel comprising approximately 10,544 
                acres and located within the exterior boundaries of 
                Baker Resource Area in the Vale Bureau of Land 
                Management District, and the exterior boundaries of 
                Umatilla County, Oregon, as generally depicted on the 
                map.
    (b) Selected Land.--
            (1) In general.--On receipt of acceptable title to the land 
        described in subsection (a), the Secretary shall convey to the 
        appropriate identified landowners, subject to valid existing 
        rights, all right, title, and interest of the United States, to 
        the parcels of land described in paragraph (2).
            (2) Land description.--The parcels of land referred to in 
        paragraph (1) are as follows:
                    (A) A parcel in the Central Oregon Resource Area in 
                the Prineville Bureau of Land Management District, 
                within the exterior boundaries of Grant County, Oregon, 
                and comprising approximately 45,824 acres, as generally 
                depicted on the map.
                    (B) A parcel in the Central Oregon Resource Area in 
                the Prineville Bureau of Land Management District, 
                within the exterior boundaries of Wheeler County, 
                Oregon, and comprising approximately 2,755 acres, as 
                generally depicted on the map.
                    (C) A parcel in the Baker Resource Area in the Vale 
                Bureau of Land Management District, within the exterior 
                boundaries of Morrow County, Oregon, and comprising 
                approximately 766 acres, as generally depicted on the 
                map.
                    (D) A parcel in the Baker Resource Area in the Vale 
                Bureau of Land Management District, within the exterior 
                boundaries of Umatilla County, Oregon, and comprising 
                approximately 1,139 acres, as generally depicted on the 
                map.

                        TITLE II--FOREST SERVICE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Triangle Land Exchange Act of 
1999''.

 SEC. 202. DEFINITIONS.

    In this title:
            (1) Offered land.--The term ``offered land'' means the land 
        described in section 203(a) to be conveyed into the public 
        ownership of the United States.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) Selected land.--The term ``selected land'' means land 
        described in section 203(b).

SEC. 203. LAND EXCHANGE.

    (a) Offered Land.--
            (1) In general.--The exchange under subsection (b) shall be 
        conditioned on the conveyance by the identified landowners of 
        title acceptable to the Secretary to parcels of land described 
        in paragraph (2).
            (2) Land description.--The parcels of land referred to in 
        paragraph (1) are as follows:
                    (A) The parcel comprising approximately 3,752 acres 
                and located within the exterior boundaries of the 
                Malheur National Forest, Oregon, as generally depicted 
                on the map.
                    (B) The parcel comprising approximately 1,702 acres 
                and located within or adjacent to the exterior 
                boundaries of the Wallowa-Whitman National Forest, 
                Oregon, as generally depicted on the map.
                    (C) The parcel comprising approximately 246 acres 
                and located within or adjacent to the exterior 
                boundaries of the Umatilla National Forest, Oregon, as 
                generally depicted on the map.
    (b) Selected Land.--On receipt of acceptable title to the land 
described in subsection (a), the Secretary shall convey to the 
appropriate identified landowners, subject to valid existing rights, 
all right, title, and interest of the United States, including the 
surface and subsurface interests, to the parcels land administered on 
the date of enactment of this title by the as part of the Malheur 
National Forest, Oregon, comprising approximately 3,901 acres, as 
generally depicted on the map.

                     TITLE III--EQUITABLE EXCHANGE

SEC. 301. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.

    (a) In General.--
            (1) Definition of secretary.--In this title, the term 
        ``Secretary'' means--
                    (A) the Secretary of the Interior, with respect to 
                the land exchange under title I; and
                    (B) the Secretary of Agriculture, with respect to 
                the land exchange under title II.
            (2) Applicability.--Any exchange of land described in 
        titles I and II--
                    (A) may be accomplished in a single transaction or 
                in phases; and
                    (B) shall be subject to the requirements described 
                in subsections (b) through (f).
    (b) Equal Value Exchange.--
            (1) In general.--The values of the offered land and the 
        selected land--
                    (A) shall be equal; or
                    (B) if the values are not equal, shall be equalized 
                in accordance with subsection (e).
            (2) Appraisals.--
                    (A) In general.--The values of the offered land and 
                the selected land shall be determined by appraisals 
                using nationally recognized appraisal standards, 
                including, as appropriate--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions (1992);
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice;
                            (iii) section 206(d) of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1716(d)); and
                            (iv) the Federal Land Exchange Facilitation 
                        Act (43 U.S.C. 1701 note).
                    (B) Approval.--
                            (i) In general.--Not later than 90 days 
                        after the date of enactment of this Act, all 
                        appraisals of land conveyed under sections 103 
                        and 203 shall be completed and submitted to the 
                        Secretary for approval.
                            (ii) Summary.--During the period beginning 
                        45 days before and ending 30 days before the 
                        date on which deeds for land conveyed under 
                        sections 103 and 203 are exchanged, a 
                        comprehensive summary of each appraisal 
                        described under clause (i) shall be made 
                        available for public inspection in the offices 
                        of--
                                    (I) in the case of appraisals of 
                                land for the purposes of title I, the 
                                area managers for the Central Oregon 
                                Area in the Prineville Bureau of Land 
                                Management District, the Baker Resource 
                                Area in the Vale Bureau of Land 
                                Management District; and
                                    (II) in the case of appraisals of 
                                land for purposes of title II, the 
                                forest supervisors of the Malheur 
                                National Forest, the Wallowa-Whitman 
                                National Forest, and the Umatilla 
                                National Forest.
                    (C) Resolution of disagreement.--In the case of a 
                dispute concerning an appraisal or appraisal issue that 
                arises under this Act, the appraisal or appraisal issue 
                in dispute shall be resolved in accordance with section 
                206(d) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1716(d)).
    (c) Appraisal Determinations.--To ensure the equitable and uniform 
appraisal of the land conveyed under sections 103 and 203, all 
appraisals shall determine the best use of the land in accordance with 
the law of the State of Oregon, including use for the protection of 
wild and scenic river characteristics as provided in the Oregon 
Administrative Code.
    (d) Appraisal Period.--After the Secretary approves the final 
appraised values of any portion of the land conveyed under section 103 
or 203, or otherwise determines the value of the land under section 
206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1716(d)), the value of the land shall not be reappraised or updated 
before completion of the land exchange, except for any adjustments in 
value as may be required under subsection (e).
    (e) Equalization of Surplus.--
            (1) Greater selected land value.--If the final appraised 
        value of the selected land exceeds the final appraised value of 
        the offered land, the appropriate identified landowners shall 
        equalize the value of the land by making a cash payment to the 
        United States, subject to the 25 percent limitation under 
        section 206(b) of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1716(d)).
            (2) Greater offered land value.--If the final appraised 
        value of the offered land exceeds the final appraised value of 
        the selected land by 25 percent or more, Clearwater, after 
        consultation with the affected identified landowners and the 
        Secretary, shall withdraw from the exchange a portion of the 
        offered land that is at least equal to the amount by which the 
        value of the offered land exceeds the value of the selected 
        land.
    (f) Use of Proceeds by the Secretary.--The amount of any cash 
equalization payment received by the Secretary under subsection (e)--
            (1) shall be retained by the Secretary; and
            (2) may be used by the Secretary, without further Act of 
        appropriation, to purchase land from willing sellers in the 
        State of Oregon for addition to land under the administration 
        of the Bureau of Land Management or Forest Service, as the case 
        may be.

SEC. 302. ADMINISTRATION.

    (a) Status of Land After Exchange.--
            (1) Land acquired by the secretary.--
                    (A) In general.--
                            (i) Department of the interior.--Land 
                        acquired by the Secretary under title I shall 
                        be added, as determined appropriate by the 
                        Secretary, to--
                                    (I) the Central Oregon Area in the 
                                Prineville District of the Bureau of 
                                Land Management; or
                                    (II) the Baker Resource Area in the 
                                Vale District of the Bureau of Land 
                                Management.
                            (ii) Department of agriculture.--Land 
                        acquired by the Secretary under title II shall 
                        be added, as determined appropriate by the 
                        Secretary, to--
                                    (I) the Malheur National Forest;
                                    (II) the Wallowa-Whitman National 
                                Forest; or
                                    (III) the Umatilla National Forest.
                    (B) Modification of boundaries.--If any of the land 
                acquired under this title lies outside the exterior 
                boundary of an area described in subparagraph (A) to 
                which the land is to be added, the Secretary shall 
                modify the boundary of the appropriate area to include 
                the land.
                    (C) Management.--
                            (i) Bureau of land management.--Land 
                        acquired by the Secretary under title I shall 
                        be managed in accordance with laws (including 
                        regulations) applicable to the management of 
                        public land under the administration of the 
                        Bureau of Land Management.
                            (ii) Forest service.--Land acquired by the 
                        Secretary under title II shall be managed in 
                        accordance with laws (including regulations) 
                        applicable to the National Forest System.
            (2) Land acquired by identified landowners.--Land acquired 
        by an identified landowner under this Act shall be private 
        land, except to the extent that the patent by which conveyance 
        is made to an individual landowner contains a specific 
        reservation.
    (b) Timing.--The land exchanges under sections 103 and 203 shall be 
completed not later than 90 days after the date on which Clearwater, on 
behalf of the identified landowners, makes the Secretary an offer to 
exchange under section 103(a) or 203(a), unless the Secretary and the 
identified landowners agree to extend the completion date.
    (c) Withdrawal of Selected Land.--
            (1) In general.--Effective until the date described in 
        paragraph (2), Congress withdraws from all forms of entry and 
        appropriation under the public land laws (including the mining 
        laws) any parcel of selected land--
                    (A) with respect to which such a withdrawal by the 
                Secretary has not been made before the date of 
                enactment of this Act; or
                    (B) with respect to which such a withdrawal that 
                the Secretary has made expires before the date 
                described in paragraph (2).
            (2) Date described.--With respect to any parcel of land 
        described in paragraph (1), the date described in this 
        paragraph is the date on which--
                    (A) the parcel is deleted from the exchange under 
                section 103 or 203; or
                    (B) the land exchange under section 103 or 203 is 
                completed.
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