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






                                                       Calendar No. 467
106th CONGRESS
  2d Session
                                S. 1629

                          [Report No. 106-248]

  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

                             March 22, 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Oregon 
Land Exchange Act of 1999''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

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

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

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

<DELETED>Sec. 301. Exchange valuation, appraisals, and equalization.
<DELETED>Sec. 302. Administration.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) certain parcels of private land located in 
        northeast Oregon are intermingled with land owned by the United 
        States and administered--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by the Secretary of Agriculture as 
                part of the Malheur National Forest, the Wallowa-
                Whitman National Forest, and the Umatilla National 
                Forest;</DELETED>
        <DELETED>    (2) the surface estate of the private land 
        described in paragraph (1) is intermingled with parcels of land 
        that--</DELETED>
                <DELETED>    (A) are owned by the United States; 
                or</DELETED>
                <DELETED>    (B) contain valuable fisheries and 
                wildlife habitat desired by the United 
                States;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the enhancement of public access, 
                aesthetics, and recreation opportunities within or 
                adjacent to designated wild and scenic river 
                corridors;</DELETED>
                <DELETED>    (B) the protection and enhancement of 
                habitat for threatened, endangered, and sensitive 
                species within unified landscapes under Federal 
                management; and</DELETED>
                <DELETED>    (C) the consolidation of holdings of the 
                Bureau of Land Management and the Forest Service--
                </DELETED>
                        <DELETED>    (i) to facilitate more efficient 
                        administration, including a reduction in 
                        administrative costs to the United States; 
                        and</DELETED>
                        <DELETED>    (ii) to reduce right-of-way, 
                        special use, and other permit processing and 
                        issuance for roads and other facilities on 
                        Federal land; </DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) protection of threatened and 
                endangered species habitat; and</DELETED>
                <DELETED>    (B) permanent public use and 
                enjoyment.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Clearwater.--The term ``Clearwater'' means 
        Clearwater Land Exchange-Oregon, an Oregon partnership, or its 
        successors or assigns.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Map.--The term ``map'' means the map entitled 
        ``Northeast Oregon Assembled Land Exchange/Triangle Land 
        Exchange'', dated August 27, 1999.</DELETED>

<DELETED>SEC. 4. AVAILABILITY OF MAP.</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>TITLE I--BUREAU OF LAND MANAGEMENT</DELETED>

<DELETED>SEC. 101. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 102. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 103. LAND EXCHANGE.</DELETED>

<DELETED>    (a) Offered Land.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Land description.--The parcels of land 
        referred to in paragraph (1) are as follows:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Selected Land.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Land description.--The parcels of land 
        referred to in paragraph (1) are as follows:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

              <DELETED>TITLE II--FOREST SERVICE</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

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

<DELETED> SEC. 202. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (3) Selected land.--The term ``selected land'' 
        means land described in section 203(b).</DELETED>

<DELETED>SEC. 203. LAND EXCHANGE.</DELETED>

<DELETED>    (a) Offered Land.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Land description.--The parcels of land 
        referred to in paragraph (1) are as follows:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

            <DELETED>TITLE III--EQUITABLE EXCHANGE</DELETED>

<DELETED>SEC. 301. EXCHANGE VALUATION, APPRAISALS, AND 
              EQUALIZATION.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Definition of secretary.--In this title, the 
        term ``Secretary'' means--</DELETED>
                <DELETED>    (A) the Secretary of the Interior, with 
                respect to the land exchange under title I; 
                and</DELETED>
                <DELETED>    (B) the Secretary of Agriculture, with 
                respect to the land exchange under title II.</DELETED>
        <DELETED>    (2) Applicability.--Any exchange of land described 
        in titles I and II--</DELETED>
                <DELETED>    (A) may be accomplished in a single 
                transaction or in phases; and</DELETED>
                <DELETED>    (B) shall be subject to the requirements 
                described in subsections (b) through (f).</DELETED>
<DELETED>    (b) Equal Value Exchange.--</DELETED>
        <DELETED>    (1) In general.--The values of the offered land 
        and the selected land--</DELETED>
                <DELETED>    (A) shall be equal; or</DELETED>
                <DELETED>    (B) if the values are not equal, shall be 
                equalized in accordance with subsection (e).</DELETED>
        <DELETED>    (2) Appraisals.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the Uniform Appraisal 
                        Standards for Federal Land Acquisitions 
                        (1992);</DELETED>
                        <DELETED>    (ii) the Uniform Standards of 
                        Professional Appraisal Practice;</DELETED>
                        <DELETED>    (iii) section 206(d) of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1716(d)); and</DELETED>
                        <DELETED>    (iv) the Federal Land Exchange 
                        Facilitation Act (43 U.S.C. 1701 
                        note).</DELETED>
                <DELETED>    (B) Approval.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
                <DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (e) Equalization of Surplus.--</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Use of Proceeds by the Secretary.--The amount of any 
cash equalization payment received by the Secretary under subsection 
(e)--</DELETED>
        <DELETED>    (1) shall be retained by the Secretary; 
        and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 302. ADMINISTRATION.</DELETED>

<DELETED>    (a) Status of Land After Exchange.--</DELETED>
        <DELETED>    (1) Land acquired by the secretary.--</DELETED>
                <DELETED>    (A) In general.--</DELETED>
                        <DELETED>    (i) Department of the interior.--
                        Land acquired by the Secretary under title I 
                        shall be added, as determined appropriate by 
                        the Secretary, to--</DELETED>
                                <DELETED>    (I) the Central Oregon 
                                Area in the Prineville District of the 
                                Bureau of Land Management; or</DELETED>
                                <DELETED>    (II) the Baker Resource 
                                Area in the Vale District of the Bureau 
                                of Land Management.</DELETED>
                        <DELETED>    (ii) Department of agriculture.--
                        Land acquired by the Secretary under title II 
                        shall be added, as determined appropriate by 
                        the Secretary, to--</DELETED>
                                <DELETED>    (I) the Malheur National 
                                Forest;</DELETED>
                                <DELETED>    (II) the Wallowa-Whitman 
                                National Forest; or</DELETED>
                                <DELETED>    (III) the Umatilla 
                                National Forest.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Management.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Withdrawal of Selected Land.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) with respect to which such a 
                withdrawal by the Secretary has not been made before 
                the date of enactment of this Act; or</DELETED>
                <DELETED>    (B) with respect to which such a 
                withdrawal that the Secretary has made expires before 
                the date described in paragraph (2).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the parcel is deleted from the 
                exchange under section 103 or 203; or</DELETED>
                <DELETED>    (B) the land exchange under section 103 or 
                203 is completed.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Land Exchange Act of 2000''.

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 are 
        owned by the United States or contain valuable fisheries and 
        wildlife habitat desired by the United States;
            (3) the consolidation of land ownerships will facilitate 
        sound and efficient management for both public and private 
        lands;
            (4) the improvement of management efficiency through the 
        land tenure adjustment program of the Department of the 
        Interior, which disposes of small isolated tracts having low 
        public resource values 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;
            (5) 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
            (6) 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.

    As used in this Act--
            (1) the term ``Clearwater'' means Clearwater Land 
        Exchange--Oregon, an Oregon partnership that signed the 
        document entitled ``Assembled Land Exchange Agreement between 
        the Bureau of Land Management and Clearwater Land Exchange--
        Oregon for the Northeast Oregon Assembled Lands Exchange, OR 
        51858,'' dated October 30, 1996, and the document entitled 
        ``Agreement to initiate'' with the Forest Service, dated June 
        30, 1995, or its successors or assigns;
            (2) the term ``identified landowners'' means private 
        landowners identified by Clearwater and willing to exchange 
        private land for Federal land in accordance with this Act;
            (3) the term ``map'' means the map entitled ``Northeast 
        Oregon Assembled Land Exchange/Triangle Land Exchange'', dated 
        November 5, 1999; and
            (4) the term ``Secretary'' means the Secretary of the 
        Interior or the Secretary of Agriculture, as appropriate.

SEC. 4. BLM--NORTHEAST OREGON ASSEMBLED LAND EXCHANGE.

    (a) In General.--Upon the request of Clearwater, on behalf of the 
appropriate identified landowners, the Secretary of the Interior shall 
exchange the Federal lands described in subsection (b) for the private 
lands described in subsection (c), as provided in section 6.
    (b) BLM Lands To Be Conveyed.--The parcels of Federal lands to be 
conveyed by the Secretary to the appropriate identified landowners are 
as follows:
            (1) the parcel comprising approximately 45,824 acres 
        located in Grant County, Oregon, within the Central Oregon 
        Resource Area in the Prineville District of the Bureau of Land 
        Management, as generally depicted on the map;
            (2) the parcel comprising approximately 2,755 acres located 
        in Wheeler County, Oregon, within the Central Oregon Resource 
        Area in the Prineville District of the Bureau of Land 
        Management, as generally depicted on the map;
            (3) the parcel comprising approximately 726 acres located 
        in Morrow Country, Oregon, within the Baker Resource Area of 
        the Vale District of Land Management, as generally depicted on 
        the map; and
            (4) the parcel comprising approximately 1,015 acres located 
        in Umatilla County, Oregon, within the Baker Resource Area in 
        the Vale District of the Bureau of Land Management, as 
        generally depicted on the map.
    (c) Private Lands To Be Acquired.--The parcel of private lands to 
be conveyed by the appropriate identified landowners to the Secretary 
are as follows:
            (1) the parcel comprising approximately 31,646 acres 
        located in Grant County, Oregon, within the Central Oregon 
        Resource Area in the Prineville District of the Bureau of Land 
        Management, as generally depicted on the map;
            (2) the parcel comprising approximately 1,960 acres located 
        in Morrow County, Oregon, within the Baker Resource Area in the 
        Vale District of the Bureau of Land Management, as generally 
        depicted on the map; and
            (3) the parcel comprising approximately 10,544 acres 
        located in Umatilla County, Oregon, within the Baker Resource 
        Area in the Vale District of the Bureau of Land Management, as 
        generally depicted on the map.

SEC. 5. FOREST SERVICE--TRIANGLE LAND EXCHANGE.

    (a) In General.--Upon the request of Clearwater, on behalf of the 
appropriate identified landowners, the Secretary of Agriculture shall 
exchange the Federal lands described in subsection (b) for the private 
lands described in subsection (c), as provided in section 6.
    (b) Forest Service Lands To Be Conveyed.--The National Forest 
System lands to be conveyed by the Secretary to the appropriate 
identified landowners comprise approximately 3,901 acres located in 
Grant and Harney Counties, Oregon, within the Malheur National Forest, 
as generally depicted on the map.
    (c) Private Lands To Be Acquired.--The parcels of private lands to 
be conveyed by the appropriate identified landowners to the Secretary 
are as follows:
            (1) the parcel comprising approximately 3,752 acres located 
        in Grant and Harney Counties, Oregon, within the Malheur 
        National Forest, as generally depicted on the map;
            (2) the parcel comprising approximately 1,702 acres located 
        in Baker and Grant Counties, Oregon, within the Wallowa-Whitman 
        National Forest, as generally depicted on the map; and
            (3) the parcel comprising approximately 246 acres located 
        in Grant and Wallowa Counties, Oregon, within or adjacent to 
        the Umatilla National Forest, as generally depicted on the map.

SEC. 6. LAND EXCHANGE TERMS AND CONDITIONS.

    (a) In General.--Except as otherwise provided in this Act, the land 
exchanges implemented by this Act shall be conducted in accordance with 
section 206 of the Federal Land Policy and Management Act (43 U.S.C. 
1716) and other applicable laws.
    (b) Multiple Transactions.--The Secretary of the Interior and the 
Secretary of Agriculture may carry out a single or multiple 
transactions to complete the land exchanges authorized in this Act.
    (c) Completion of Exchanges.--Any land exchange under this Act 
shall be completed not later than 90 days after the Secretary and 
Clearwater reach an agreement on the final appraised values of the 
lands to be exchanged.
    (d) Appraisals.--The values of the lands to be exchanged under this 
Act shall be determined by appraisals using nationally recognized 
appraisal standards, including as appropriate--
            (A) the Uniform Appraisal Standards for Federal Land 
        Acquisitions (1992); and
            (B) the Uniform Standards of Professional Appraisal 
        Practice.
    (2) To ensure the equitable and uniform appraisal of the lands to 
be exchanged under this Act, all appraisals shall determine the best 
use of the lands 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.
    (3)(A) all appraisals of lands to be exchanged under this Act shall 
be completed, reviewed and submitted to the Secretary not later than 90 
days after the date Clearwater requests the exchange.
    (B) Not less than 45 days before an exchange of lands under this 
Act is completed, a comprehensive summary of each appraisal for the 
specific lands to be exchanged shall be available for public inspection 
in the appropriate Oregon offices of the Secretary, for a 15-day 
period.
    (4) After the Secretary approves the final appraised values of any 
parcel of the lands to be conveyed under this Act, the value of such 
parcel shall not be reappraised or updated before the completion of the 
applicable land exchange, except for any adjustments in value that may 
be required under subsection (e)(2).
    (e) Equal Value Land Exchange.--(1)(A) The value of the lands to be 
exchanged under this Act shall be equal, or if the values are not 
equal, they shall be equalized in accordance with section 206(b) of the 
Federal Land Policy and Management Act (43 U.S.C. 1716(b)) of this 
subsection.
    (B) The Secretary shall retain any cash equalization payments 
received under subparagraph (A) to use, without further appropriation, 
to purchase land from willing sellers in the State of Oregon for 
addition to lands under the administration of the Bureau of Land 
Management or the Forest Service, as appropriate.
    (2) If the value of the private lands exceeds the value of the 
Federal lands by 25 percent or more, Clearwater, after consultation 
with the affected identified landowners and the Secretary, shall 
withdraw a portion of the private lands necessary to equalize the 
values of the lands to be exchanged.
    (3) If any of the private lands to be acquired do not include the 
rights to the subsurface estate, the Secretary may reserve the 
subsurface estate in the Federal lands to be exchanged.
    (f) Land Titles.--(1) Title to the private lands to be conveyed to 
the Secretary shall be in a form acceptable to the Secretary.
    (2) The Secretary shall convey all right, title, and interest of 
the United States in the Federal lands to the appropriate identified 
landowners, except to the extent the Secretary reserves the subsurface 
estate under subsection (c)(2).
    (g) Management of Lands.--(1) Lands acquired by Secretary of the 
Interior under this Act shall be administered in accordance with 
sections 205(c) of the Federal Land Policy and Management Act (43 
U.S.C. 1715(c)), and lands acquired by the Secretary of Agriculture 
shall be administered in accordance with sections 205(d) of such Act 
(43 U.S.C. 1715(d)).
    (2) Lands acquired by the Secretary of the Interior pursuant to 
section 4 which are within the North Fork of the John Day subwatershed 
shall be administered in accordance with section 205(c) of the Federal 
Land Policy and Management Act (43 U.S.C. 1715(c)), but shall be 
managed primarily for the protection of native fish and wildlife 
habitat, and for public recreation. The Secretary may permit other 
authorized uses within the subwatershed if the Secretary determines, 
through the appropriate land use planning process, that such uses are 
consistent with, and do not diminish these management purposes.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.
  
  




                                                       Calendar No. 467

106th CONGRESS

  2d Session

                                S. 1629

                          [Report No. 106-248]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 22, 2000

                       Reported with an amendment