[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 741 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 741
To provide for the disposal of certain Forest Service administrative
sites in the State of Oregon, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2005
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 provide for the disposal of certain Forest Service administrative
sites 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 ``Oregon National Forest
Administrative Site Disposal Act''.
SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LANDS,
OREGON.
(a) Conveyance Authority.--The Secretary of Agriculture (in this
section referred to as the ``Secretary'') may sell or exchange, under
such terms and conditions as the Secretary may prescribe, any or all
right, title, and interest of the United States in and to the following
National Forest System lands and improvements thereon located in the
Rogue River, Siskiyou, Siuslaw, Umpqua, and Willamette National Forests
in the State of Oregon:
(1) Tract ror-a.--Star Gulch Complex, Jacksonville, Oregon,
consisting of approximately 2.25 acres in the north half of
section 28, township 39 south, range 3 west, Willamette
meridian, and containing the Star Gulch complex buildings of
the Applegate Ranger District.
(2) Tract ror-b.--Butte Falls Houses, Butte Falls, Oregon,
consisting of approximately 0.50 acres in the S1/2NE1/4 of
section 10, township 35 south, range 2 east, Willamette
meridian, and containing those Forest lands in the Butte Falls
Ranger District associated with Butte Falls Houses.
(3) Tract sis-a.--Old Agness Guard Station, Agness, Oregon,
consisting of approximately 2.5 acres in the SE1/4, NE1/4, Lot
14, of section 7, township 35 south, range 11 west, Willamette
meridian, and containing those Forest lands in the Gold Beach
Ranger District and associated administrative buildings at the
Old Agness Guard Station.
(4) Tract sis-b.--Chetco Ranger District Housing Complex,
Brookings, Oregon, consisting of approximately 1.5 acres in the
SW1/4, Block 29, of section 5, township 41 south, range 13
west, Willamette meridian, and containing the Chetco Ranger
District and the associated housing complex.
(5) Tract sis-c.--Daycare center on Wallace Street in Gold
Beach, Oregon, consisting of approximately 0.25 acres.
(6) Tract sis-d.--Powers South Work Center, Powers, Oregon,
consisting of approximately 1.59 acres in the east 1/2 of
section 13, township 31 south, range 12 west, Willamette
meridian, and containing the South Compound site and associated
administrative buildings.
(7) Tract siu-b.--Gardiner Administrative Site, Gardiner,
Oregon, consisting of approximately 3.4 acres in the NW1/4NE1/4
of section 22, township 21 south, range 12 west, Willamette
meridian, and containing the Gardiner Administrative Site and
the associated administrative buildings.
(8) Tract siu-c.--Waldport Administrative Site, Waldport,
Oregon, consisting of approximately 6.65 acres in the SW1/4SW1/
4 of section 19, township 13 south, range 11 west, and the SE1/
4SE1/4 of section 24, township 13 south, range 12 west,
Willamette meridian, and containing the Waldport Administrative
Site and the associated administrative buildings.
(9) Tract ump-a.--Roseburg Service Center Administrative
Site, Roseburg, Oregon, consisting of approximately 2.92 acres
in the NE\1/4\NW\1/4\ of section 20, township 27 south, range 5
west, Willamette meridian.
(10) Tract ump-b.--Roseburg Powder House Administrative
Site, Roseburg, Oregon, consisting of approximately 1.34 acres
in section 15, township 27 south, range 5 west, Willamette
meridian.
(11) Tract ump-c.--Brown Street Residence Administrative
Site, Glide, Oregon, consisting of approximately 2.35 acres in
the E\1/2\NW\1/4\ of section 19, township 26 south, range 3
west, Willamette meridian.
(12) Tract wil-a.--Blue River Administrative Site, Blue
River, Oregon, consisting of approximately 31.91 acres in the
SW1/4S1/2 of section 28, township 16 south, range 4 east,
Willamette meridian, and containing the upper portion of the
Blue River Ranger District Compound and the associated
administrative buildings.
(13) Tract wil-b.--Hemlock Houses, Westfir, Oregon,
consisting of approximately 6 acres in section 12, township 21
south, range 2 east, Willamette meridian, and containing those
lands in Lot 2 associated with the Hemlock Houses.
(14) Tract wil-c.--Flat Creek Administrative Site,
Oakridge, Oregon, consisting of approximately 45 acres in the
NW1/4 of section 14, township 21 south, range 3 east,
Willamette meridian, and containing the Rigdon Ranger District
Compound and the associated administrative buildings.
(15) Tract wil-d.--Subject to section 3, Rigdon
Administrative Site, Oakridge, Oregon, consisting of
approximately 15 acres in the NE1/4NE1/4 of section 21,
township 21 south, range 3 east, Willamette meridian, and
containing the Rigdon Ranger District Compound and the
associated administrative buildings.
(16) Tract wil-f.--Cascadia Administrative Site, Sweet
Home, Oregon, consisting of approximately 15 acres in the SE1/4
of section 36, township 13 south, range 2 east, Willamette
meridian, and containing the Cascadia Administrative Site and
the associated administrative buildings.
(17) Tract wil-h.--Residence at 19 Osage Street, Sweet
Home, Oregon, consisting of approximately .07 acres.
(18) Tract wil-i.--Residence at 940 3rd Avenue, Sweet Home,
Oregon, consisting of approximately 1.4 acres.
(19) Tract wil-j.--Residence at 175 Hawthorne Street, Sweet
Home, Oregon, consisting of approximately .21 acres.
(20) Tract wil-k.--Residence at 565 Parkside Drive, Mill
City, Oregon, consisting of approximately .30 acres.
(21) Tract wil-l.--Residence at 571 Parkside Drive, Mill
City, Oregon, consisting of approximately .30 acres.
(22) Tract wil-m.--Residence at 610 Parkside Drive, Mill
City, Oregon, consisting of approximately .30 acres.
(23) Tract wil-n.--Residence at 658 Parkside Drive, Mill
City, Oregon, consisting of approximately .33 acres.
(24) Tract wil-o.--Willamette National Forest Warehouse
Administrative Site, Eugene, Oregon, consisting of
approximately 2.4 acres in the NW1/4SE1/4 of section 25,
township 17 south, range 4 west, Willamette meridian, and
containing the Willamette National Forest Warehouse
Administrative Site and the associated administrative
buildings.
(25) Tract wil-p.--Westfir Residences, Westfir, Oregon,
consisting of approximately 20 acres in the NW1/4SW1/4 of
section 8, township 21 south, range 3 east, Willamette
meridian, and containing those lands associated with the
Westfir Residences of a community nature.
(b) Maps and Correction Authority.--The lands described in
subsection (a) (other than in paragraphs (9), (10), and (11) of such
subsection) are depicted on maps entitled ``Oregon Land Dispositions''
and dated June 30, 2003. The lands described in paragraphs (9), (10),
and (11) of such subsection, Tracts UMP-A, UMP-B, and UMP-C, are
depicted on the map entitled ``Umpqua National Forest Land
Dispositions'' and dated June 1, 2003. The maps shall be on file and
available for public inspection in the office of the Chief of the
Forest Service until such time as the lands are conveyed. The Secretary
may make minor corrections to the maps and may modify the descriptions
in subsection (a) to correct errors or to reconfigure the lands to
facilitate their conveyance.
(c) Consideration.--
(1) Authorized consideration.--Consideration for the
conveyance of land described in subsection (a) may include
cash, land, including land with improvements constructed to the
specifications of the Secretary, or a combination thereof.
(2) Conveyances to public entities.--The Secretary may
convey, without consideration, to the State of Oregon or a
local government for public purposes any or all right, title
and interest of the United States in and to land described in
subsection (a). The conveyance of land without consideration
under this paragraph shall be subject to such terms,
conditions, and restrictions as the Secretary considers
appropriate, and the Secretary shall include in the deed of
conveyance a right of the United States to reenter and take
title to the land if the land is sold or conveyed to another
party or is devoted to a use other than the use for which the
land was conveyed.
(3) Right of first refusal.--In the case of the land
described in paragraph (24) of subsection (a), Tract WIL-O, the
Secretary shall grant the Eugene Mission the first right to
acquire the land in a direct sale for market value.
(d) Conveyance Methods.--
(1) In general.--The Secretary may convey land under
subsection (a) at public or private sale, including competitive
sale by auction, bid, or otherwise, in accordance with such
terms, conditions, and procedures as the Secretary determines
will be in the best interests of the United States.
(2) Solicitations of offers.--The Secretary may solicit
offers for the conveyance of land under subsection (a) on such
terms and conditions as the Secretary considers appropriate.
The Secretary may reject any offer if the Secretary determines
that the offer is not adequate or not in the public interest.
(3) Use of brokers.--The Secretary may use real estate
brokers in the conveyance of lands under subsection (a), and
may pay appropriate commissions commensurate with the
prevailing rates in the area.
(4) Relation to other conveyance authority.--In the case of
the lands described in paragraphs (17) through (23) of
subsection (a), Tracts WIL-H through WIL-N, the Secretary may
convey the lands using the authority provided by this section
or using the pilot disposal authority otherwise available to
the Secretary.
(e) Valuation.--Any appraisal considered necessary by the Secretary
to convey land described in subsection (a) shall conform to the Uniform
Appraisal Standards for Federal Land Acquisitions.
(f) Cash Equalization Payments.--Notwithstanding any other
provision of law, the Secretary may accept a cash equalization payment
in excess of 25 percent of the value of any land conveyed by exchange
under authority of subsection (a).
(g) Deposit and Treatment of Proceeds.--The Secretary shall deposit
the proceeds from the conveyance of the land described in subsection
(a) in the fund established under Public Law 90-171 (commonly known as
the ``Sisk Act''; 16 U.S.C. 484a). No portion of the proceeds may be
paid or distributed to the State of Oregon or a county in the State
under any provision of law, and the proceeds are not moneys received
from the National Forest for any purpose.
(h) Use of Deposited Funds.--
(1) Authorized uses.--Funds deposited pursuant to
subsection (g) shall be available to the Secretary, without
further appropriation and until expended, for the following
purposes:
(A) The acquisition of land and interests in land
for inclusion in a unit of the National Forest System
specified in subsection (a).
(B) The payment or reimbursement of costs incurred
by the Forest Service in processing and arranging
conveyances under this section, including the payment
of real estate broker commissions authorized under
subsection (d).
(C) The acquisition or construction of new
facilities, or the rehabilitation of existing
facilities, in a unit of the National Forest System
specified in subsection (a).
(2) Land acquisition.--The use of the land acquisition
authority provided by paragraph (1)(A) is subject to the
following conditions:
(A) The amount available for expenditure in each
unit of the National Forest System referred to in
subsection (a) shall be equal to the amount derived
from the conveyance of land described in such
subsection in that unit, reduced by any costs incurred
by the Forest Service in processing those conveyances.
(B) Funds derived from conveyances under this
section may be used for the acquisition of lands and
interests in land in other units of the National Forest
System in Oregon if the Regional Forester for Region 6
agrees to such use.
(3) Administration of lands acquired by the United
States.--Lands acquired by the Secretary under this subsection
or acquired by exchange under this section 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 other laws and
regulations pertaining to the National Forest System.
(i) Departmental Regulations.--The Agriculture Property Management
Regulations shall not apply to any action taken pursuant to this
section.
(j) Withdrawals and Revocations.--
(1) Public land orders.--Effective as of the date of the
enactment of this Act, any public land orders applicable to the
land described in subsection (a) are revoked with respect to
that lands.
(2) Withdrawal.--Subject to valid existing rights, land
described in subsection (a) are withdrawn from location, entry,
and patent under the mining laws of the United States.
SEC. 3. LAND CONVEYANCE, PORTION OF RIGDON ADMINISTRATIVE SITE,
OAKRIDGE, OREGON, TRACT WIL-D.
(a) Conveyance Required.--The Secretary of Agriculture shall
convey, without consideration, to the City of Oakridge, Oregon (in the
section referred to as the ``City)'', all right, title, and interest of
the United States in and to the lower portion of the land described in
section 2(a)(15), Tract WIL-D, for the purpose of facilitating the
establishment of a timber museum on the conveyed land to be managed by
the Upper Willamette Pioneer Association.
(b) Legal Description.--The portion of Tract WIL-D to be conveyed
to the City under this section is located generally west of Rigdon
Drive, but the Secretary shall determine the exact acreage and
description of the land to be conveyed. The conveyed land may not
include the five residential properties on the upper portion of Tract
WIL-D, generally located northeast of the intersection of Highway 58
and Rigdon Drive.
(c) Condition of Conveyance.--As a condition of the conveyance
under this section, the City and the Upper Willamette Pioneer
Association shall agree to honor the life and contributions of Loran L.
``Stub'' Stewart with an appropriate display in the museum established
on the conveyed property.
SEC. 4. BOUNDARY ADJUSTMENT, ROGUE-UMPQUA DIVIDE WILDERNESS, OREGON.
(a) Boundary Adjustment.--The Rogue-Umpqua Divide wilderness
boundary, as established by the Oregon Wilderness Act of 1984 (Public
Law 98-328; 98 Stat. 273; 16 U.S.C. 1132 note) and approved by the
Forest Service on May 4, 1987, is adjusted as depicted on the map
entitled ``Rogue-Umpqua Divide Wilderness Boundary Modification'' and
dated May 6, 2003. The adjustment is more fully described as follows:
(1) Beginning at township 30 south, range 3 east,
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.3934 east, 3700.00 feet to new
Angle Point 927B.
(3) Thence south 84 deg.2000 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 inch diameter rod driven
flush with the ground, marked ``AP 928 1999''.
(5) Thence north 23 deg.0000 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, township 30 south, range 3 east, Willamette base and
meridian, with an elevation of approximately 4150 feet.
(b) Map.--The map referred to in subsection (a) shall be on file
and available for public inspection in the office of the Chief of the
Forest Service. The Secretary of Agriculture may correct technical
errors in the map and legal description specified in subsection (a).
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