[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[House]
[Pages H10598-H10602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        OREGON PUBLIC LANDS TRANSFER AND PROTECTION ACT OF 1998

  Mr. HANSEN. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 4326) to transfer administrative 
jurisdiction over certain Federal lands located within or adjacent to 
the Rogue River National Forest and to clarify the authority of the 
Bureau of Land Management to sell and exchange other Federal lands in 
Oregon, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4326

       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 Lands 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 lands in Oregon.

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

Sec. 201. Definitions.
Sec. 202. No net loss of O&C lands, CBWR lands, and public domain 
              lands.
Sec. 203. Modifications to sales authority.
Sec. 204. Modifications to exchange authority.
Sec. 205. Administration of lands acquired in geographic area; 
              redesignation of public domain lands.
Sec. 206. 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 LANDS IN OREGON.

       (a) Transfer From Public Domain to National Forest.--

[[Page H10599]]

       (1) Land transfer.--The public domain lands 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 are 
     hereby added to and made a part of Rogue River National 
     Forest.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of the Interior to the 
     Secretary of Agriculture. Subject to valid existing rights, 
     the Secretary of Agriculture shall manage such lands as part 
     of Rogue River National Forest in accordance with the Act of 
     March 1, 1911 (commonly known as the Weeks Law), and under 
     the laws, rules, and regulations applicable to the National 
     Forest System.
       (b) Transfer From National Forest to Public Domain.--
       (1) Land transfer.--The Federal lands 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, are hereby transferred to 
     unreserved public domain status, and their status as part of 
     Rogue River National Forest and the National Forest System is 
     hereby revoked.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of Agriculture to the 
     Secretary of the Interior. Subject to valid existing rights, 
     the Secretary of the Interior shall administer such lands 
     under the laws, rules, and regulations applicable to 
     unreserved public domain lands.
       (c) Restoration of Status of Certain National Forest Lands 
     as Revested Railroad Grant Lands.--
       (1) Restoration of earlier status.--The Federal lands 
     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, are 
     hereby restored to the status of revested Oregon and 
     California Railroad grant lands, and their status as part of 
     Rogue River National Forest and the National Forest System is 
     hereby revoked.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of Agriculture to the 
     Secretary of the Interior. Subject to valid existing rights, 
     the Secretary of the Interior shall administer such lands 
     under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), 
     and other laws, rules, and regulations applicable to revested 
     Oregon and California Railroad grant lands under the 
     administrative jurisdiction of the Secretary of the 
     Interior.
       (d) Addition of Certain Revested Railroad Grant Lands to 
     National Forest.--
       (1) Land transfer.--The revested Oregon and California 
     Railroad grant lands 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, are 
     hereby added to and made a part of Rogue River National 
     Forest.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of the Interior to the 
     Secretary of Agriculture. Subject to valid existing rights, 
     the Secretary of Agriculture shall manage such lands as part 
     of the Rogue River National Forest in accordance with the Act 
     of March 1, 1911 (commonly known as the Weeks Law), and under 
     the laws, rules, and regulations applicable to the National 
     Forest System.
       (3) 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 lands 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 hereby adjusted to encompass the lands 
     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.--Within 60 days after the date of the enactment 
     of this Act, the maps referred to 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 the enactment of this Act, the Secretary of 
     the Interior and the Secretary of Agriculture shall revise 
     the public land records relating to the lands transferred 
     under this section to reflect the administrative, boundary, 
     and other changes made by this section. The Secretaries shall 
     publish in the Federal Register appropriate notice to the 
     public of the changes in administrative jurisdiction made by 
     this section with regard to lands described in this section.

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

     SEC. 201. DEFINITIONS.

       For purposes of this title:
       (1) O&C lands.--The term ``O&C lands'' means the lands 
     that--
       (A) revested in the United States under the Act of June 9, 
     1916 (Chapter 137; 39 Stat. 218), commonly known as Oregon 
     and California Railroad grant lands; and
       (B) are 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 lands.--The term ``CBWR lands'' means the lands 
     that--
       (A) were reconveyed to the United States under the Act of 
     February 26, 1919 (Chapter 47; 40 Stat. 1179), commonly known 
     as Coos Bay Wagon Road grant lands; and
       (B) are 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 lands.--The term ``public domain lands'' 
     has the meaning given the term ``public lands'' in the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701 et seq.), except that the term does not include O&C 
     lands and CBWR lands.
       (4) Geographic area.--The term ``geographic area'' means 
     all lands in the State of Oregon located within the 
     boundaries of the Bureau of Land Management's Medford 
     District, Roseburg District, Eugene District, Salem District, 
     Coos Bay District, and Klamath Resource Area of the Lakeview 
     District, as those districts and that resource area were 
     constituted on January 1, 1998.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Timberlands.--The term ``timberlands'' means lands 
     identified as timberlands in any land use plan under the 
     Federal Land Policy and Management Act of 1976 (16 U.S.C. 
     1701-1782).

     SEC. 202. NO NET LOSS OF O&C LANDS, CBWR LANDS, AND PUBLIC 
                   DOMAIN LANDS.

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

     SEC. 203. MODIFICATIONS TO SALES AUTHORITY.

       (a) Limitation on Lands To Be Sold.--Notwithstanding any 
     other sales authority of the Secretary, the Secretary may not 
     sell any O&C lands, CBWR lands, or public domain lands within 
     the geographic area that are located within--
       (1) a congressionally designated wilderness area;
       (2) the national wild and scenic river system; or
       (3) an area designated by the Secretary under the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.) to be an area of critical environmental concern.
       (b) Price; Procedures.--Notwithstanding any other sales 
     authority of the Secretary, the Secretary shall make all 
     sales of O&C lands, CBWR lands, public domain lands within 
     the geographic area--
       (1) at a price that is not less than the fair market value 
     of the lands sold, as determined by the Secretary; and
       (2) by competitive public bidding, under procedures 
     established by the Secretary that ensure adequate notice to 
     owners of land adjoining the land proposed for sale, to local 
     governments in the vicinity of the land proposed for sale, 
     and to the State of Oregon.

     SEC. 204. MODIFICATIONS TO EXCHANGE AUTHORITY.

       (a) Limitation on Federal Lands To Be Exchanged.--
     Notwithstanding any other exchange authority of the 
     Secretary, the Secretary may not exchange out of Federal 
     ownership any O&C lands, CBWR lands, or public domain lands 
     within the geographic area that are located within--
       (1) a congressionally designated wilderness area;
       (2) the national wild and scenic river system; or
       (3) an area designated by the Secretary under the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.) to be an area of critical environmental concern.
       (b) Limitation on Non-Federal Lands Acquired.--
     Notwithstanding any other exchange authority of the 
     Secretary, all non-Federal lands acquired by the Secretary in 
     an exchange for O&C lands, CBWR lands, or public domain lands 
     within the geographic area must be located within the 
     geographic area.
       (c) Procedures.--The Secretary shall establish procedures 
     for exchanges out of Federal ownership of O&C lands, CBWR 
     lands, and public domain lands within the geographic area, 
     including--
       (1) procedures for valuing the lands exchanged; and
       (2) procedures that ensure adequate notice of proposed 
     exchanges to local governments in the vicinity of all lands 
     to be exchanged and to the State of Oregon.
       (d) Requirements for Value of Exchanged Lands.--
     Notwithstanding any other exchange authority of the 
     Secretary, the Secretary may not exchange out of Federal 
     ownership O&C lands, CBWR lands, or public domain lands 
     within the geographic area if

[[Page H10600]]

     the fair market value of the lands received by the United 
     States in the exchange--
       (1) is less than 75 percent of the fair market value of the 
     lands conveyed by the United States in the exchange; or
       (2) is greater than 125 percent of the fair market value of 
     the lands conveyed by the United States in the exchange.
       (e) Equalization Payments.--The Secretary, as necessary to 
     ensure that the total value received by the United States in 
     an exchange out of Federal ownership of O&C lands, CBWR 
     lands, or public domain lands within the geographic area is 
     equal to the total value conveyed by the United States in the 
     exchange, shall--
       (1) use otherwise available amounts to pay, to the person 
     from whom lands are acquired by the United States in the 
     exchange, the difference between the value of the lands 
     received by the United States and the value of the lands 
     conveyed by the United States; or
       (2) require that person to pay that difference to the 
     United States.

     SEC. 205. ADMINISTRATION OF LANDS ACQUIRED IN GEOGRAPHIC 
                   AREA; REDESIGNATION OF PUBLIC DOMAIN LANDS.

       (a) Acquired Lands.--All lands in the geographic area 
     acquired by the United States and managed by the Secretary 
     through the Bureau of Land Management after the date of 
     the enactment of this Act shall for all purposes have the 
     same status, be administered, and be otherwise treated as 
     O&C lands.
       (b) Redesignation of Public Domain Lands for Treatment as 
     Revested Lands.--
       (1) Lands designated.--Not later than September 30, 1999, 
     the Secretary shall--
       (A) designate, for treatment as O&C lands under paragraph 
     (2), all public domain lands in the geographic area that, on 
     the date of the enactment of this Act, are timberlands; and
       (B) notify the Congress of that designation.
       (2) Treatment of redesignated lands.--Lands designated by 
     the Secretary under paragraph (1) shall for all purposes have 
     the same status, be administered, and be otherwise treated as 
     O&C lands.
       (3) Revenue distribution.--(A) Notwithstanding paragraphs 
     (1) and (2), revenues that are produced on or before 
     September 30, 2003, on lands designated by the Secretary 
     under paragraph (1) shall be distributed according to 
     provisions of law in effect immediately before the enactment 
     of this Act.
       (B) Notwithstanding paragraphs (1) and (2), revenues that 
     are produced after September 30, 2003, on lands designated by 
     the Secretary under paragraph (1) and that are available to 
     counties pursuant to the Act of August 28, 1937 (43 U.S.C. 
     1181a et seq.), shall be disbursed to the Association of 
     Oregon and California Land Grant Counties, for 
     redistribution, after deducting a reasonable sum for costs of 
     administration, as follows:
       (i) 92 percent shall be redistributed to counties entitled 
     to payments under the Act of August 28, 1937 (43 U.S.C. 1181a 
     et seq.), in the same proportion as other payments under that 
     Act.
       (ii) 8 percent shall be redistributed to counties entitled 
     to payments under section 3 of the Act of July 31, 1947 
     (chapter 4306; 30 U.S.C. 603), and the fifth proposition of 
     section 4 of the Act of February 14, 1859 (chapter XXXIII; 11 
     Stat. 383), in the same proportion as other payments under 
     those provisions.

     SEC. 206. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY.

       Notwithstanding any other provision of this title, this 
     title shall not apply to exchanges of land authorized 
     pursuant to 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 exchanges are consistent with the 
     provisions set forth in the Memorandum of Understanding 
     between the Umpqua Land Exchange Project and the Association 
     of Oregon and California Land Grant Counties, dated February 
     19, 1998.

     Amendment in the Nature of a Substitute Offered by Mr. Hansen

  Mr. HANSEN. Madam Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the Nature of a Substitute Offered by Mr. 
     Hansen:
       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Oregon 
     Public Lands 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.
Sec. 2. Land transfers involving Rogue River National Forest and other 
              public lands in Oregon.
Sec. 3. Protection of Oregon and California Railroad grant lands
Sec. 4. Hart Mountain jurisdictional transfers, Oregon.
Sec. 5. Boundary expansion, Bandon Marsh National Wildlife Refuge, 
              Oregon.
Sec. 6. Willow Lake Natural Treatment System Project, Salem, Oregon.
Sec. 7. Conveyance to Deschutes County, Oregon.

     SEC. 2. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOREST 
                   AND OTHER PUBLIC LANDS IN OREGON.

       (a) Map References.--In this section:
       (1) The term ``maps 1 and 2'' refers to the maps entitled 
     ``BLM/Rogue River NF Administrative Jurisdiction Transfer, 
     North Half'' and ``BLM/Rogue River NF Administrative 
     Jurisdiction Transfer, South Half'' , both dated April 28, 
     1998.
       (2) The term ``maps 3 and 4'' refers to the maps entitled 
     ``BLM/Rogue River NF Boundary Adjustment, North Half'' and 
     ``BLM/Rogue River NF Boundary Adjustment, South Half'' , both 
     dated April 28, 1998.
       (b) Transfer From Public Domain to National Forest.--
       (1) Land transfer.--The public domain lands depicted on 
     maps 1 and 2 consisting of approximately 2,058 acres within 
     the external boundaries of Rogue River National Forest in the 
     State of Oregon are hereby added to and made a part of Rogue 
     River National Forest.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of the Interior to the 
     Secretary of Agriculture. Subject to valid existing rights, 
     the Secretary of Agriculture shall manage such lands as part 
     of Rogue River National Forest in accordance with the Act of 
     March 1, 1911 (commonly known as the Weeks Law), and under 
     the laws, rules, and regulations applicable to the National 
     Forest System.
       (c) Transfer From National Forest to Public Domain.--
       (1) Land transfer.--The Federal lands depicted on maps 1 
     and 2 consisting of approximately 1,632 acres within the 
     external boundaries of Rogue River National Forest are hereby 
     transferred to unreserved public domain status, and their 
     status as part of Rogue River National Forest and the 
     National Forest System is hereby revoked.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of Agriculture to the 
     Secretary of the Interior. Subject to valid existing rights, 
     the Secretary of the Interior shall administer such lands 
     under the laws, rules, and regulations applicable to 
     unreserved public domain lands.
       (d) Restoration of Status of Certain National Forest Lands 
     as Revested Railroad Grant Lands.--
       (1) Restoration of earlier status.--The Federal lands 
     depicted on maps 1 and 2 consisting of approximately 4,298 
     acres within the external boundaries of Rogue River National 
     Forest are hereby restored to the status of revested Oregon 
     and California Railroad grant lands, and their status as part 
     of Rogue River National Forest and the National Forest System 
     is hereby revoked.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of Agriculture to the 
     Secretary of the Interior. Subject to valid existing rights, 
     the Secretary of the Interior shall administer such lands 
     under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), 
     and other laws, rules, and regulations applicable to revested 
     Oregon and California Railroad grant lands under the 
     administrative jurisdiction of the Secretary of the Interior.
       (e) Addition of Certain Revested Railroad Grant Lands to 
     National Forest.--
       (1) Land transfer.--The revested Oregon and California 
     Railroad grant lands depicted on maps 1 and 2 consisting of 
     approximately 960 acres within the external boundaries of 
     Rogue River National Forest are hereby added to and made a 
     part of Rogue River National Forest.
       (2) Administrative jurisdiction.--Administrative 
     jurisdiction over the lands described in paragraph (1) is 
     hereby transferred from the Secretary of the Interior to the 
     Secretary of Agriculture. Subject to valid existing rights, 
     the Secretary of Agriculture shall manage such lands as part 
     of the Rogue River National Forest in accordance with the Act 
     of March 1, 1911 (commonly known as the Weeks Law), and under 
     the laws, rules, and regulations applicable to the National 
     Forest System.
       (3) 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 lands described in 
     paragraph (1) shall be distributed in accordance with the Act 
     of August 28, 1937 (43 U.S.C. 1181a et seq.).
       (f) Boundary Adjustment.--The boundaries of Rogue River 
     National Forest are hereby adjusted to encompass the lands 
     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 
     maps 3 and 4.
       (g) Maps.--Within 60 days after the date of the enactment 
     of this Act, the maps referred to in subsection (a) shall be 
     available for public inspection in the office of the Chief of 
     the Forest Service.
       (h) Miscellaneous Requirements.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary of 
     the Interior and the Secretary of Agriculture shall revise 
     the public land records relating to the lands transferred 
     under this section to reflect the administrative, boundary, 
     and other changes made by this section. The Secretaries shall 
     publish in the Federal Register appropriate notice to the 
     public of the changes in administrative jurisdiction made by 
     this section with regard to lands described in this section.

[[Page H10601]]

     SEC. 3. PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT 
                   LANDS

       (a) Definitions.--For purposes of this section:
       (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.
       (b) Policy of 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.
       (c) Relationship to Umpqua Land Exchange Authority.--
     Notwithstanding any other provision of this section, this 
     section shall not apply to an exchange of land authorized 
     pursuant to 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.

     SEC. 4. HART MOUNTAIN JURISDICTIONAL TRANSFERS, OREGON.

       (a) Transfer From the Bureau of Land Management to the 
     United States Fish and Wildlife Service.--
       (1) In general.--Administrative jurisdiction over the 
     parcels of land identified for transfer to the United States 
     Fish and Wildlife Service on the map entitled ``Hart Mountain 
     Jurisdictional Transfer'', dated February 26, 1998, 
     comprising approximately 12,100 acres of land in Lake County, 
     Oregon, located adjacent to or within the Hart Mountain 
     National Antelope Refuge, is transferred from the Bureau of 
     Land Management to the United States Fish and Wildlife 
     Service.
       (2) Inclusion in refuge.--The parcels of land described in 
     paragraph (1) shall be included in the Hart Mountain National 
     Antelope Refuge.
       (3) Withdrawal.--Subject to valid existing rights, the 
     parcels of land described in paragraph (1)--
       (A) are withdrawn from--
       (i) surface entry under the public land laws;
       (ii) leasing under the mineral leasing laws and Geothermal 
     Steam Act of 1970 (30 U.S.C. 1001 et seq.); and
       (iii) location and entry under the mining laws; and
       (B) shall be treated as parcels of land subject to the 
     provisions of Executive Order No. 7523 of December 21, 1936, 
     as amended by Executive Order No. 7895 of May 23, 1938, and 
     Presidential Proclamation No. 2416 of July 25, 1940, that 
     withdrew parcels of land for the Hart Mountain National 
     Antelope Refuge.
       (4) Management.--The land described in paragraph (1) shall 
     be included in the Hart Mountain National Antelope Refuge and 
     managed in accordance with the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668dd et seq.), 
     and other applicable law and with management plans and 
     agreements between the Bureau of Land Management and the 
     United States Fish and Wildlife Service for the Hart Mountain 
     Refuge.
       (b) Continued Management of Guano Creek Wilderness Study 
     Area by the Bureau of Land Management.--
       (1) In general.--The parcels of land identified for 
     cooperative management on the map entitled ``Hart Mountain 
     Jurisdictional Transfer'', dated February 26, 1998, 
     comprising approximately 10,900 acres of land in Lake County, 
     Oregon, located south of the Hart Mountain National Antelope 
     Refuge, shall be retained under the jurisdiction of the 
     Bureau of Land Management.
       (2) Management.--The parcels of land described in paragraph 
     (1) that are within the Guano Creek Wilderness Study Area Act 
     shall be managed so as not to impair the suitability of the 
     area for designation as wilderness, in accordance with 
     current and future management plans and agreements (including 
     the agreement known as the ``Shirk Ranch Agreement'' dated 
     September 30, 1997), until such date as Congress enacts a law 
     directing otherwise.
       (c) Transfer From the United States Fish and Wildlife 
     Service to the Bureau of Land Management.--
       (1) In general.--Administrative jurisdiction over the 
     parcels of land identified for transfer to the Bureau of Land 
     Management on the map entitled ``Hart Mountain Jurisdictional 
     Transfer'', dated February 26, 1998, comprising approximately 
     7,700 acres of land in Lake County, Oregon, located adjacent 
     to or within the Hart Mountain National Antelope Refuge, is 
     transferred from the United States Fish and Wildlife Service 
     to the Bureau of Land Management.
       (2) Removal from refuge.--The parcels of land described in 
     paragraph (1) are removed from the Hart Mountain National 
     Antelope Refuge, and the boundary of the refuge is modified 
     to reflect that removal.
       (3) Revocation of withdrawal.--The provisions of Executive 
     Order No. 7523 of December 21, 1936, as amended by Executive 
     Order No. 7895 of May 23, 1938, and Presidential Proclamation 
     No. 2416 of July 25, 1940, that withdrew the parcels of land 
     for the refuge, shall be of no effect with respect to the 
     parcels of land described in paragraph (1).
       (4) Status.--The parcels of land described in paragraph 
     (1)--
       (A) are designated as public land; and
       (B) shall be open to--
       (i) surface entry under the public land laws;
       (ii) leasing under the mineral leasing laws and the 
     Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and
       (iii) location and entry under the mining laws.
       (5) Management.--The land described in paragraph (1) shall 
     be managed in accordance with the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.) and other 
     applicable law, and the agreement known as the ``Shirk Ranch 
     Agreement'' dated September 30, 1997.
       (d) Map.--A copy of the map described in subsections (a), 
     (b), and (c) and such additional legal descriptions as are 
     applicable shall be kept on file and available for public 
     inspection in the Office of the Regional Director of Region 1 
     of the United States Fish and Wildlife Service, the local 
     District Office of the Bureau of Land Management, the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on Resources of the House of Representatives.
       (e) Correction of Reference to Wildlife Refuge.--Section 28 
     of the Act of August 13, 1954 (68 Stat. 718, chapter 732; 72 
     Stat. 818; 25 U.S.C. 564w-1), is amended in subsections (f) 
     and (g) by striking ``Klamath Forest National Wildlife 
     Refuge'' each place it appears and inserting ``Klamath Marsh 
     National Wildlife Refuge''.

     SEC. 5. BOUNDARY EXPANSION, BANDON MARSH NATIONAL WILDLIFE 
                   REFUGE, OREGON.

       Section 102 of Public Law 97-137 (95 Stat. 1709; 16 U.S.C. 
     668dd note) is amended by striking ``three hundred acres'' 
     and inserting ``1,000 acres''.

     SEC. 6. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT, SALEM, 
                   OREGON.

       (a) In General.--Title XVI of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1634. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the city of Salem, Oregon, is authorized to participate in 
     the design, planning, and construction of the Willow Lake 
     Natural Treatment System Project to reclaim and reuse 
     wastewater within and without the service area of the city of 
     Salem.
       ``(b) Cost Share.--The Federal share of the cost of the 
     project authorized by this section shall not exceed 25 
     percent of the total cost of the project.
       ``(c) Limitation.--The Secretary shall not provide funds 
     for the operation and maintenance of the project authorized 
     by this section.''.
       (b) Clerical Amendment.--The table of sections in section 2 
     of such Act is amended by inserting after the item relating 
     to section 1633 the following:

``Sec. 1634. Willow Lake Natural Treatment System Project.

     SEC. 7. 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 of 
     Deschutes County and to promote the public interest in the 
     efficient delivery of social services and public amenities in 
     southern Deschutes County by--
       (1) providing land for private residential development to 
     compensate for development prohibitions on private land that 
     is currently zoned for residential development, but the 
     development of which would cause increased pollution of 
     ground and surface water;

[[Page H10602]]

       (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 Deschutes 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.--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, a parcel of the land in Deschutes County comprising 
     approximately 544 acres and lying in township 22 south, range 
     10 east, Willamette meridian, as more fully described as 
     follows:
       (1) Section 1:
       (A) Government Lot 3, the portion west of Highway 97;
       (B) Government Lot 4;
       (C) 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;
       (2) Section 2:
       (A) Government Lot 1;
       (B) SENE, SESW, the portion east of Huntington Road; NESE; 
     NWSE; SWSE; SESE, the portion west of Highway 97;
       (3) Section 11:
       (A) Government Lot 10;
       (B) 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.
       (c) Suitability for Sale.--The Secretary shall convey the 
     land under subsection (b) only if the Secretary determines 
     that the land is suitable for sale through the land use 
     planning process.
       (d) 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 9 east, 
     Willamette meridian, 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. HANSEN (during the reading). Madam Speaker, I ask unanimous 
consent that the amendment in the nature of a substitute be considered 
as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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