[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).
                                 <all>