[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[Senate]
[Pages S10841-S10843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of Oregon:
  S. 2513. A bill to transfer administrative jurisdiction over certain 
Federal land located within or adjacent to Rogue River National Forest 
and to clarify the authority of the Bureau of Land Management to sell 
and exchange other Federal land in Oregon; to the Committee on Energy 
and Natural Resources.


         oregon public land transfer and protection act of 1998

 Mr. SMITH of Oregon. Mr. President, today I am introducing 
legislation to transfer the administrative jurisdiction over certain 
lands within or adjacent to the Rogue River National Forest and to 
clarify the authority of the Bureau of Land Management to sell and 
exchange Oregon and California Railroad grant lands (O and C lands) in 
Oregon. The bill represents a thoughtfully crafted compromise agreed to 
by the majority and minority in the other body, and the O and C 
counties and the timber industry in my state.
  Title I of the bill would consolidate the management over certain 
parcels of federal land by transferring jurisdiction over these parcels 
between the Forest Service and the Bureau of Land Management. The 
status of any O and C lands transferred will not change, regardless of 
which agency has jurisdiction over the lands following the transfer. 
This is not a land exchange in the traditional sense, but rather the 
transfer of jurisdiction between two agencies of lands already in 
federal ownership. It is my understanding that the Administration 
supports this transfer.
  Title II of the bill provides that, over successive ten-year periods, 
there will be no net loss of acres designated as O and C lands. These 
lands are somewhat unique in the federal inventory, and are managed in 
accordance with the

[[Page S10842]]

Act of August 28, 1937, and other applicable federal statutes.
  There have been concerns on the part of the O and C counties that the 
O and C lands will be used by the federal government in land exchanges 
and sales, thereby diminishing the total acreage over time. Since the 
counties rely on revenues from these lands, it is important to clarify 
that it is the intent of Congress that the acreage remain constant.
  Mr. President, this bill is non-controversial, and I would ask for 
the support of my colleagues on enactment of this measure before the 
end of this Congress. I ask unanimous consent that the full text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2513

       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 
     Public Land Transfer and Protection Act of 1998''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

             TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS

Sec. 101. Land transfers involving Rogue River National Forest and 
              other public land in Oregon.

   TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND

Sec. 201. Definitions.
Sec. 202. No net loss of O & C land, CBWR land, or public domain land.
Sec. 203. Relationship to Umpqua land exchange authority.

             TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS

     SEC. 101. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL 
                   FOREST AND OTHER PUBLIC LAND IN OREGON.

       (a) Transfer From Public Domain to National Forest.--
       (1) Land transfer.--The public domain land depicted on the 
     map entitled ``BLM/Rogue River N.F. Administrative 
     Jurisdiction Transfer'' and dated April 28, 1998, consisting 
     of approximately 2,058 acres within the external boundaries 
     of Rogue River National Forest in the State of Oregon, is 
     added to and made a part of Rogue River National Forest.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the land described in paragraph (1) is 
     transferred from the Secretary of the Interior to the 
     Secretary of Agriculture.
       (3) Management.--Subject to valid existing rights, the 
     Secretary of Agriculture shall manage the land described in 
     paragraph (1) as part of Rogue River National Forest in 
     accordance with the Act of March 1, 1911 (commonly known as 
     the ``Weeks Law'') (36 Stat. 961, chapter 186), and other 
     laws (including regulations) applicable to the National 
     Forest System.
       (b) Transfer From National Forest to Public Domain.--
       (1) Land transfer.--The Federal land depicted on the map 
     entitled ``BLM/Rogue River N.F. Administrative Jurisdiction 
     Transfer'' and dated April 28, 1998, consisting of 
     approximately 1,632 acres within the external boundaries of 
     Rogue River National Forest, is transferred to unreserved 
     public domain status, and the status of the land as part of 
     Rogue River National Forest and the National Forest System is 
     revoked.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the land described in paragraph (1) is 
     transferred from the Secretary of Agriculture to the 
     Secretary of the Interior.
       (3) Management.--Subject to valid existing rights, the 
     Secretary of the Interior shall administer such land under 
     the laws (including regulations) applicable to unreserved 
     public domain land.
       (c) Restoration of Status of Certain National Forest Land 
     as Revested Railroad Grant Land.--
       (1) Restoration of earlier status.--The Federal land 
     depicted on the map entitled ``BLM/Rogue River N.F. 
     Administrative Jurisdiction Transfer'' and dated April 28, 
     1998, consisting of approximately 4,298 acres within the 
     external boundaries of Rogue River National Forest, is 
     restored to the status of revested Oregon and California 
     Railroad grant land, and the status of the land as part of 
     Rogue River National Forest and the National Forest System is 
     revoked.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the land described in paragraph (1) is 
     transferred from the Secretary of Agriculture to the 
     Secretary of the Interior.
       (3) Management.--Subject to valid existing rights, the 
     Secretary of the Interior shall administer the land described 
     in paragraph (1) under the Act of August 28, 1937 (43 U.S.C. 
     1181a et seq.), and other laws (including regulations) 
     applicable to revested Oregon and California Railroad grant 
     land under the administrative jurisdiction of the Secretary 
     of the Interior.
       (d) Addition of Certain Revested Railroad Grant Land to 
     National Forest.--
       (1) Land transfer.--The revested Oregon and California 
     Railroad grant land depicted on the map entitled ``BLM/Rogue 
     River N.F. Administrative Jurisdiction Transfer'' and dated 
     April 28, 1998, consisting of approximately 960 acres within 
     the external boundaries of Rogue River National Forest, is 
     added to and made a part of Rogue River National Forest.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the land described in paragraph (1) is 
     transferred from the Secretary of the Interior to the 
     Secretary of Agriculture.
       (3) Management.--Subject to valid existing rights, the 
     Secretary of Agriculture shall manage the land described in 
     paragraph (1) as part of Rogue River National Forest in 
     accordance with the Act of March 1, 1911 (36 Stat. 961, 
     chapter 186), and other laws (including regulations) 
     applicable to the National Forest System.
       (4) Distribution of receipts.--Notwithstanding the sixth 
     paragraph under the heading ``forest service'' in the Act of 
     May 23, 1908 and section 13 of the Act of March 1, 1911 (16 
     U.S.C. 500), revenues derived from the land described in 
     paragraph (1) shall be distributed in accordance with the Act 
     of August 28, 1937 (43 U.S.C. 1181a et seq.).
       (e) Boundary Adjustment.--The boundaries of Rogue River 
     National Forest are adjusted to encompass the land 
     transferred to the administrative jurisdiction of the 
     Secretary of Agriculture under this section and to exclude 
     private property interests adjacent to the exterior 
     boundaries of Rogue River National Forest, as depicted on the 
     map entitled ``Rogue River National Forest Boundary 
     Adjustment'' and dated April 28, 1998.
       (f) Maps.--Not later than 60 days after the date of 
     enactment of this Act, the maps described in this section 
     shall be available for public inspection in the office of the 
     Chief of the Forest Service.
       (g) Miscellaneous Requirements.--As soon as practicable 
     after the date of enactment of this Act, the Secretary of the 
     Interior and the Secretary of Agriculture shall--
       (1) revise the public land records relating to the land 
     transferred under this section to reflect the administrative, 
     boundary, and other changes made by this section; and
       (2) publish in the Federal Register appropriate notice to 
     the public of the changes in administrative jurisdiction made 
     by this section with regard to the land.

   TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND

     SEC. 201. DEFINITIONS.

       In this title:
       (1) O & C Land.--The term ``O & C land'' means the land 
     (commonly known as ``Oregon and California Railroad grant 
     land'') that--
       (A) revested in the United States under the Act of June 9, 
     1916 (39 Stat. 218, chapter 137); and
       (B) is managed by the Secretary of the Interior through the 
     Bureau of Land Management under the Act of August 28, 1937 
     (43 U.S.C. 1181a et seq.).
       (2) CBWR Land.--the term ``CBWR land'' means the land 
     (commonly known as ``Coos Bay Wagon Road grant land'') that--
       (A) was reconveyed to the United States under the Act of 
     February 26, 1919 (40 Stat. 1179, chapter 47); and
       (B) is managed by the Secretary of the Interior through the 
     Bureau of Land Management under the Act of August 28, 1937 
     (43 U.S.C. 1181a et seq.).
       (3) Public domain land.--
       (A) In general.--The term ``public domain land'' has the 
     meaning given the term ``public lands'' in section 103 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1702).
       (B) Exclusions.--The term ``public domain land'' does not 
     include O & C land or CBWR land.
       (4) Geographic area.--The term ``geographic area'' means 
     the area in the State of Oregon within the boundaries of the 
     Medford District, Roseburg District, Eugene District, Salem 
     District, Coos Bay District, and Klamath Resource Area of the 
     Lakeview District of the Bureau of Land Management, as the 
     districts and the resource area were constituted on January 
     1, 1998.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 202. NO NET LOSS OF O & C LAND, CBWR LAND, OR PUBLIC 
                   DOMAIN LAND.

       IN carrying out sales, purchases, and exchanges of land in 
     the geographic area, the Secretary shall ensure that on 
     expiration of the 10-year period beginning on the date of 
     enactment of this Act and on expiration of each 10-year 
     period thereafter, the number of acres of O & C land and CBWR 
     land in the geographic area, and the number of acres of O & C 
     land, CBWR land, and public domain land in the geographic 
     area that are available for timber harvesting, are not less 
     than the number of acres of such land on the date of 
     enactment of this Act.

     SEC. 203. RELATIONSHIP TO UMPAQUA LAND EXCHANGE AUTHORITY.

       Notwithstanding any other provision of this title, this 
     title shall not apply to an exchange of land authorized under 
     section 1028 of the Omnibus Parks and Public Lands Management 
     Act of 1996 (Public Law 104-333; 110 Stat. 4231), or any 
     implementing legislation or administrative rule, if the land 
     exchange is consistent with the memorandum of understanding 
     between the Umpqua Land Exchange Project and the Association 
     of Oregon and California Land Grant Counties dated February 
     19, 1998.

[[Page S10843]]

                         ADDITIONAL COSPONSORS


                                 S. 537

  At the request of Ms. Mikulski, the name of the Senator from New York 
(Mr. D'Amato) was added as a cosponsor of S. 537, a bill to amend title 
III of the Public Health Service Act to revise and extend the 
mammography quality standards program.


                                S. 1307

  At the request of Mr. Daschle, the name of the Senator from Iowa (Mr. 
Harkin) was added as a cosponsor of S. 1307, a bill to amend the 
Employee Retirement Income Security Act of 1974 with respect to rules 
governing litigation contesting termination or reduction of retiree 
health benefits and to extend continuation coverage to retirees and 
their dependents.


                                S. 1362

  At the request of Mr. Grassley, the name of the Senator from North 
Dakota (Mr. Conrad) was added as a cosponsor of S. 1362, a bill to 
promote the use of universal product members on claims forms used for 
reimbursement under the medicare program.


                                S. 1924

  At the request of Mr. Mack, the name of the Senator from Alabama (Mr. 
Sessions) was added as a cosponsor of S. 1924, a bill to restore the 
standards used for determining whether technical workers are not 
employees as in effect before the Tax Reform Act of 1986.


                                S. 2162

  At the request of Mr. Mack, the name of the Senator from Connecticut 
(Mr. Dodd) was added as a cosponsor of S. 2162, a bill to amend the 
Internal Revenue Code of 1986 to more accurately codify the depreciable 
life of printed wiring board and printed wiring assembly equipment.


                                S. 2222

  At the request of Mr. Grassley, the names of the Senator from South 
Dakota (Mr. Johnson) and the Senator from North Dakota (Mr. Conrad) 
were added as cosponsors of S. 2222, a bill to amend title XVIII of the 
Social Security Act to repeal the financial limitation on 
rehabilitation services under part B of the Medicare Program.


                                S. 2338

  At the request of Mr. Moynihan, the name of the Senator from 
Pennsylvania (Mr. Santorum) was added as a cosponsor of S. 2338, a bill 
to amend the Harmonized Tariff Schedule of the United States to provide 
for equitable duty treatment for certain wool used in making suits.


                                S. 2354

  At the request of Mr. Bond, the name of the Senator from Alabama (Mr. 
Sessions) was added as a cosponsor of S. 2354, a bill to amend title 
XVIII of the Social Security Act to impose a moratorium on the 
implementation of the per beneficiary limits under the interim payment 
system for home health agencies, and to modify the standards for 
calculating the per visit cost limits and the rates for prospective 
payment systems under the medicare home health benefit to achieve fair 
reimbursement payment rates, and for other purposes.


                                S. 2364

  At the request of Mr. Chafee, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. 2364, a bill 
to reauthorize and make reforms to programs authorized by the Public 
Works and Economic Development Act of 1965.


                                S. 2371

  At the request of Mr. Lott, the name of the Senator from Utah (Mr. 
Hatch) was added as a cosponsor of S. 2371, a bill to amend the 
Internal Revenue Code of 1986 to reduce individual capital gains tax 
rates and to provide tax incentives for farmers.


                                S. 2392

  At the request of Mr. Bennett, the names of the Senator from 
California (Mrs. Feinstein), the Senator from Oregon (Mr. Smith), and 
the Senator from North Carolina (Mr. Faircloth) were added as 
cosponsors of S. 2392, a bill to encourage the disclosure and exchange 
of information about computer processing problems and related matters 
in connection with the transition to the Year 2000.


                                S. 2412

  At the request of Mr. Burns, the names of the Senator from Illinois 
(Mr. Durbin), the Senator from Massachusetts (Mr. Kerry), and the 
Senator from Hawaii (Mr. Akaka) were added as cosponsors of S. 2412, a 
bill to create employment opportunities and to promote economic growth 
establishing a public-private partnership between the United States 
travel and tourism industry and every level of government to work to 
make the United States the premiere travel and tourism destination in 
the world, and for other purposes.


                         Senate Resolution 257

  At the request of Mr. Murkowski, the names of the Senator from 
Wyoming (Mr. Enzi), the Senator from Wyoming (Mr. Thomas), and the 
Senator from Louisiana (Ms. Landrieu) were added as cosponsors of 
Senate Resolution 257, a resolution expressing the sense of the Senate 
that October 15, 1998, should be designated as ``National Inhalant 
Abuse Awareness Day.''

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