[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Pages S12106-S12108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         OREGON PUBLIC LAND TRANSFER AND PROTECTION ACT OF 1998

  The Senate proceeded to consider the bill (S. 2513) 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.


                           amendment no. 3802

(Purpose: To direct the Secretary of the Interior to sell certain land 
  at fair market value to Deschutes County, Oregon and make technical 
                              corrections)

       On page 2, before line 3, insert the following:

           TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON

Sec. 301. Conveyance to Deschutes County, Oregon.
       On page 2, strike lines 11 through 13 and insert the 
     following:
     depicted on the map entitled ``BLM/Rogue River NF 
     Administrative Jurisdiction Transfer, North Half'' and dated 
     April 28, 1998, and the map entitled ``BLM/Rogue River NF 
     Administrative Jurisdiction Transfer, South Half'' and dated 
     April 28, 1998, consisting of approximately
       On page 3, strike lines 13 through 16 and insert the 
     following:
       (1) Land transfer.--The Federal land depicted on the maps 
     described in subsection (a)(1), consisting of approximately 
     1,632
       On page 4, strike lines 9 through 11 and insert the 
     following:
     Federal land depicted on the maps described in subsection 
     (a)(1), consisting of
       On page 5, strike lines 9 through 11 and insert the 
     following:
     maps described in subsection (a)(1), consisting of 
     approximately 960 acres within
       On page 6, strike lines 15 and 16 and insert the following:
     on the map entitled ``BLM/Rogue River NF Boundary Adjustment, 
     North Half'' and dated April 28, 1998, and the map entitled 
     ``BLM/Rogue River NF Boundary Adjustment, South Half'' and 
     dated April 28, 1998.
       On page 10, after line 3, add the following:

           TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON

     SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, OREGON.

       (a) Purposes.--The purposes of this section are to 
     authorize the Secretary of the Interior to sell at fair 
     market value to Deschutes County, Oregon, certain land to be 
     used to protect the public's interest in clean water in the 
     aquifer that provides drinking water for residents and to 
     promote the public interest in the efficient delivery of 
     social services and public amenities in southern Deschutes 
     County, Oregon, by--
       (1) providing land for private residential development to 
     compensate for development prohibitions on private land 
     currently zoned for residential development the development 
     of which would cause increased pollution of ground and 
     surface water;
       (2) providing for the streamlined and low-cost acquisition 
     of land by nonprofit and governmental social service entities 
     that offer needed community services to residents of the 
     area;
       (3) allowing the County to provide land for community 
     amenities and services such as open space, parks, roads, and 
     other public spaces and uses to area residents at little or 
     no cost to the public; and
       (4) otherwise assist in the implementation of the Deschutes 
     County Regional Problem Solving Project.
       (b) Sale of Land.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management 
     (referred to in this section as the ``Secretary'') may make 
     available for sale at fair market value to Deschutes County, 
     Oregon, the land in Deschutes County, Oregon (referred to in 
     this section as the ``County''), comprising approximately 544 
     acres and lying in Township 22, S., Range 10 E. Willamette 
     Meridian, described as follows:
       (A) Sec. 1:
       (i) Government Lot 3, the portion west of Highway 97;
       (ii) Government Lot 4;
       (iii) SENW, the portion west of Highway 97; SWNW, the 
     portion west of Highway 97, NWSW, the portion west of Highway 
     97; SWSW, the portion west of Highway 97;
       (B) Sec. 2:
       (i) Government Lot 1;
       (ii) SENE, SESW, the portion east of Huntington Road; NESE; 
     NWSE; SWSE; SESE, the portion west of Highway 97;
       (C) Sec. 11:
       (i) Government Lot 10;
       (ii) NENE, the portion west of Highway 97; NWNE; SWNE, the 
     portion west of Highway 97; NENW, the portion east of 
     Huntington

[[Page S12107]]

     Road; SWNW, the portion east of Huntington Road; SENW.
       (2) Suitability for sale.--The Secretary shall convey the 
     land under paragraph (1) only if the Secretary determines 
     that the land is suitable for sale through the land use 
     planning process.
       (c) Special Account.--The amount paid by the County for the 
     conveyance of land under subsection (b)--
       (1) shall be deposited in a special account in the Treasury 
     of the United States; and
       (2) may be used by the Secretary for the purchase of 
     environmentally sensitive land east of Range Nine East in the 
     State of Oregon that is consistent with the goals and 
     objectives of the land use planning process of the Bureau of 
     Land Management.

  Mr. WYDEN. Mr. President, I am joined by my Oregon colleague, Senator 
Smith, in offering an amendment to S. 2513. My amendment will provide 
the critical final step to enable Deschutes County, Oregon, in the 
completion of more than three years of intense work that they have done 
to find an effective way to protect their groundwater and wetlands from 
inappropriate residential development.
  Deschutes County has completed several years collaborative work to 
resolve a number of extraordinarily difficult land use problems in that 
county. In particular, the County faces the prospect of development of 
more than 13,000 subdivided lots in the vicinity of the Deschutes River 
in the southern half of the county. More than half of these lots have 
not yet been developed, and the county now knows that if it does not 
prevent the further development of these lands, they are going to have 
major, intractable pollution of the groundwater and of the Deschutes 
River.
  The Oregon Department of Environmental Quality tells us that at 
present rates of growth, this area faces serious ground water quality 
problems over the next decade. Further, these lands constitute the most 
important wildlife and wetlands habitat in the area.
  After several years of working with federal and state agencies and 
local citizens, under the authority of Oregon's Regional Problem 
Solving initiative, the County has come up with a plan to use 
incentives to shift development from these sensitive lands, over on to 
Bureau of Land Management lands that are not nearly so sensitive. Under 
this plan, the County will sell parcels of this land to prospective 
residential developers. However, before a developer may acquire a 
tract, the developer must have purchased ``development rights'' to 
lands in environmentally sensitive areas. Once these rights are 
acquired, the land will be rezoned so as to prevent any future 
development in the undesirable area.
  In fact, the BLM lands have already been logged. The BLM lands are 
easily served by a wastewater collection system and have other features 
that make the location far more appropriate for development. Local BLM 
officials have been deeply involved in this effort and tell us that if 
it fails, the damage to the natural environment of the area will be 
substantial, and far more expensive to deal with later.
  I particularly want to thank Senator Smith, Senator Bumpers, and 
Chairman Murkowski for working with me at this late date to work out 
this provision. I want to express my deep appreciation to Governor John 
Kitzhaber, whose Regional Problem Solving initiative paved the way for 
this effort. And finally, I want to thank the staff at the Bureau of 
Land Management here in Washington, in Portland, and at the Prineville 
District for approaching this matter from the distinct perspective of 
the greater benefit to the environment that this legislation will 
achieve.
  I also note the very active participation of Deschutes County 
Commissioner Linda Swearingen, Assistant County Attorney Bruce White, 
and Community Development Director George Read. They have provided 
critical help to get this measure approved, and certainly it is their 
vision for the future of Deschutes County that has gotten us where we 
are today.
  The amendment (No. 3802) was agreed to.
  The bill (S. 2513), as amended, was considered read the third time 
and passed, 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 III--CONVEYANCE TO DESCHUTES COUNTY, OREGON

Sec. 301. Conveyance to Deschutes County, Oregon.

             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 NF Administrative Jurisdiction 
     Transfer, North Half'' and dated April 28, 1998, and the map 
     entitled ``BLM/Rogue River NF Administrative Jurisdiction 
     Transfer, South Half'' 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 maps 
     described in subsection (a)(1), 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 maps described in subsection (a)(1), 
     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 maps described in 
     subsection (a)(1), 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

[[Page S12108]]

     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 ``BLM/Rogue River NF Boundary Adjustment, North 
     Half'' and dated April 28, 1998, and the map entitled ``BLM/
     Rogue River NF Boundary Adjustment, South Half'' 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 UMPQUA 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.

           TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON

     SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, OREGON.

       (a) Purposes.--The purposes of this section are to 
     authorize the Secretary of the Interior to sell at fair 
     market value to Deschutes County, Oregon, certain land to be 
     used to protect the public's interest in clean water in the 
     aquifer that provides drinking water for residents and to 
     promote the public interest in the efficient delivery of 
     social services and public amenities in southern Deschutes 
     County, Oregon, by--
       (1) providing land for private residential development to 
     compensate for development prohibitions on private land 
     currently zoned for residential development the development 
     of which would cause increased pollution of ground and 
     surface water;
       (2) providing for the streamlined and low-cost acquisition 
     of land by nonprofit and governmental social service entities 
     that offer needed community services to residents of the 
     area;
       (3) allowing the County to provide land for community 
     amenities and services such as open space, parks, roads, and 
     other public spaces and uses to area residents at little or 
     no cost to the public; and
       (4) otherwise assist in the implementation of the Deschutes 
     County Regional Problem Solving Project.
       (b) Sale of Land.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management 
     (referred to in this section as the ``Secretary'') may make 
     available for sale at fair market value to Deschutes County, 
     Oregon, the land in Deschutes County, Oregon (referred to in 
     this section as the ``County''), comprising approximately 544 
     acres and lying in Township 22, S., Range 10 E. Willamette 
     Meridian, described as follows:
       (A) Sec. 1:
       (i) Government Lot 3, the portion west of Highway 97;
       (ii) Government Lot 4;
       (iii) SENW, the portion west of Highway 97; SWNW, the 
     portion west of Highway 97, NWSW, the portion west of Highway 
     97; SWSW, the portion west of Highway 97;
       (B) Sec. 2:
       (i) Government Lot 1;
       (ii) SENE, SESW, the portion east of Huntington Road; NESE; 
     NWSE; SWSE; SESE, the portion west of Highway 97;
       (C) Sec. 11:
       (i) Government Lot 10;
       (ii) NENE, the portion west of Highway 97; NWNE; SWNE, the 
     portion west of Highway 97; NENW, the portion east of 
     Huntington Road; SWNW, the portion east of Huntington Road; 
     SENW.
       (2) Suitability for sale.--The Secretary shall convey the 
     land under paragraph (1) only if the Secretary determines 
     that the land is suitable for sale through the land use 
     planning process.
       (c) Special Account.--The amount paid by the County for the 
     conveyance of land under subsection (b)--
       (1) shall be deposited in a special account in the Treasury 
     of the United States; and
       (2) may be used by the Secretary for the purchase of 
     environmentally sensitive land east of Range Nine East in the 
     State of Oregon that is consistent with the goals and 
     objectives of the land use planning process of the Bureau of 
     Land Management.

                          ____________________