[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.
____________________