[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2221 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2221

 To authorize the Secretary of Agriculture to sell or exchange certain 
   National Forest System land in the State of Oregon, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2004

 Mr. Smith (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 authorize the Secretary of Agriculture to sell or exchange certain 
   National Forest System land in the State of Oregon, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Umpqua National Forest Land 
Management Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) State.--The term ``State'' means the State of Oregon.
            (3) Umpqua map.--The term ``Umpqua map'' means the map 
        entitled ``Umpqua National Forest Land Dispositions'' and dated 
        June 1, 2003.
            (4) Wilderness map.--The term ``Wilderness map'' means the 
        map entitled ``Rogue-Umpqua Divide Wilderness Boundary 
        Modification'' and dated May 6, 2003.

SEC. 3. SALE OR EXCHANGE OF UMPQUA NATIONAL FOREST ADMINISTRATIVE 
              SITES.

    (a) In General.--The Secretary may, under any terms and conditions 
that the Secretary may prescribe, sell or exchange any right, title, 
and interest of the United States in and to the parcels of National 
Forest System land described in subsection (b).
    (b) Description of Land.--The parcels of National Forest System 
land referred to in subsection (a) are--
            (1) tract UMP-A, the Roseburg Service Center Administrative 
        Site, Roseburg, Oregon, consisting of approximately 2.92 acres, 
        and more particularly described as the NE\1/4\NW\1/4\ portion 
        of T. 27 S., R. 5 W., Sec. 20, Umpqua Meridian, Douglas County, 
        Oregon, as depicted on the Umpqua map;
            (2) tract UMP-B, the Roseburg Powder House Administrative 
        Site, Roseburg, Oregon, consisting of approximately 1.34 acres, 
        and more particularly described as T. 27 S., R. 5 W., Sec. 15, 
        Umpqua Meridian, Douglas County, Oregon, as depicted on the 
        Umpqua map; and
            (3) tract UMP-C, the Brown Street Residence Administrative 
        Site, Glide, Oregon, consisting of approximately 2.35 acres, 
        and more particularly described as the E\1/2\NW\1/4\ portion of 
        T. 26 S., R. 3 W., Sec. 19, Umpqua Meridian, Douglas County, 
        Oregon, as depicted on the Umpqua map.
    (c) Map and Legal Descriptions.--
            (1) In general.--Until the date on which the parcels of 
        land are sold or exchanged under subsection (a), the Umpqua map 
        shall be on file and available for public inspection in the 
        office of the Chief of the Forest Service.
            (2) Modifications.--The Secretary may modify the Umpqua map 
        and legal descriptions to--
                    (A) correct technical errors; or
                    (B) to facilitate the conveyance under subsection 
                (a).
    (d) Consideration.--Consideration for the sale or exchange of land 
described in subsection (b) may be in the form of--
            (1) cash;
            (2) land; or
            (3) other consideration, including the construction of 
        improvements on the land in accordance with the specifications 
        of the Secretary.
    (e) Solicitations of Offers.--
            (1) In general.--Subject to any terms and conditions that 
        the Secretary may prescribe, the Secretary may solicit offers 
        for the sale or exchange of land under this Act.
            (2) Rejection of offers.--The Secretary may reject any 
        offer received under this section if the Secretary determines 
        that the offer is not--
                    (A) adequate; or
                    (B) in the public interest.
    (f) Methods of Sale.--
            (1) In general.--The Secretary may sell the land described 
        in subsection (b) at public or private sale (including 
        auction), in accordance with such terms, conditions, and 
        procedures that the Secretary determines to be appropriate.
            (2) Brokers.--In any sale or exchange of land described in 
        subsection (b), the Secretary may--
                    (A) use a real estate broker; and
                    (B) pay the real estate broker a commission in an 
                amount comparable to the amounts of commission 
                generally paid for real estate transactions in the 
                area.
    (g) Valuation.--If the Secretary determines that an appraisal is 
appropriate for a sale or exchange of land under this Act, the 
appraisal shall be conducted in accordance with the Uniform Appraisal 
Standards for Federal Land Acquisitions.
    (h) Equalization of Values.--Notwithstanding section 206(b) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the 
Secretary may accept a cash equalization payment in excess of 25 
percent of the value of any Federal land exchanged under this Act.
    (i) Disposition of Proceeds.--
            (1) In general.--The Secretary shall deposit the net 
        proceeds from a sales or exchange of land under this Act in the 
        fund established under Public Law 90-171 (commonly known as the 
        ``Sisk Act'') (16 U.S.C. 484a).
            (2) Use.--Amounts deposited under paragraph (1) shall be 
        available to the Secretary, without further appropriation, 
        for--
                    (A) the acquisition of land and interests in land 
                in the Umpqua National Forest in the State;-
                    (B) the reimbursement of costs incurred by the 
                Secretary in carrying out a sale or exchange of land 
                under this Act, including the payment of real estate 
                broker commissions under subsection (e)(2); and
                    (C) the acquisition or rehabilitation of existing 
                facilities or construction of new facilities in Umpqua 
                National Forest in the State.
            (3) Limitation.--Funds deposited under paragraph (1) shall 
        not--
                    (A) be paid or distributed to States or counties 
                under any provision of law; or
                    (B) be considered to be money received from units 
                of the National Forest System for purposes of--
                            (i) the Act of May 23, 1908 (16 U.S.C. 
                        500); or
                            (ii) the Act of March 4, 1913 (16 U.S.C. 
                        501).
    (j) Withdrawals and Revocation of Public Land Orders.--
            (1) Withdrawal.--Subject to valid existing rights, all land 
        described in subsection (b) is withdrawn from location, entry, 
        and patent under the public land laws, mining laws, and mineral 
        leasing laws of the United States (including geothermal leasing 
        laws).
            (2) Revocation of public land orders.--The Secretary shall 
        revoke any public land orders in existence on the date of 
        enactment of this Act that withdraw the land from all forms of 
        appropriation under the public land laws, to the extent that 
        the orders apply to the land described in subsection (b).

SEC. 4. WILDERNESS BOUNDARY ADJUSTMENT.

    (a) Boundary Adjustment.--The Rogue-Umpqua Divide wilderness 
boundary, as established by the Oregon Wilderness Act of 1984 (Public 
Law 98-328) and approved by the Forest Service on May 4, 1987, is 
adjusted as depicted on the Wilderness map and described as follows:
            (1) Beginning at T. 30 S., R. 3 E., Willamette Base and 
        Meridian, from Angle Point 927 of the legal boundary 
        description monumented with a 2 inch diameter brass cap, set in 
        cement, marked ``USDA FOREST SERVICE AP 927 2001''.
            (2) Thence North 63 deg.39'34" East, 3700.00 feet to new 
        Angle Point 927B.
            (3) Thence South 84 deg.20'00" East, 360.00 feet to new 
        Angle Point 927C.
            (4) Thence on a line northeasterly, approximately 330 feet, 
        to original Angle Point 928, which is monumented with a 1\1/2\ 
        inch diameter aluminum cap, on a 5/8 diameter rod driven flush 
        with the ground, marked ``AP 928 1999''.
            (5) Thence North 23 deg.00'00" West, 175.00 feet to new 
        Angle Point 928A.
            (6) Thence on a line northeasterly, 1260 feet, more or 
        less, to original Angle Point 929, which is described in the 
        legal boundary description as ``A high point on a ridge'' in 
        Section 7, T. 30 S., R. 3 E., W.M., with an elevation of 
        approximately 4150 feet.
    (b) Map.--
            (1) In general.--The Wilderness map shall be on file and 
        available for public inspection in the office of the Chief of 
        the Forest Service.
            (2) Technical corrections.--The Secretary may correct 
        technical errors in--
                    (A) the Wilderness map; and
                    (B) the legal descriptions.

SEC. 5. APPLICABLE LAW.

    (a) In General.--Land transferred or otherwise acquired by the 
Secretary under this Act shall be managed in accordance with the Act of 
March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et 
seq.), and the other laws (including regulations) relating to the 
National Forest System.
    (b) Exemption From Property Management Regulations.--Part 1955 of 
title 7, Code of Federal Regulations (or a successor regulation), shall 
not apply to any sale or exchange of National Forest System land under 
this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>