[Congressional Record (Bound Edition), Volume 146 (2000), Part 4]
[Senate]
[Pages 5806-5807]
[From the U.S. Government Publishing Office, www.gpo.gov]



                    OREGON LAND EXCHANGE ACT OF 1999

  The Senate proceeded to consider the bill (S. 1629) to provide for 
the exchange of certain land in the State of Oregon, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oregon Land Exchange Act of 
     2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) certain parcels of private land located in northeast 
     Oregon are intermingled with land owned by the United States 
     and administered--
       (A) by the Secretary of the Interior as part of the Central 
     Oregon Resource Area in the Prineville Bureau of Land 
     Management District and the Baker Resource Area in the Vale 
     Bureau of Land Management District; and
       (B) by the Secretary of Agriculture as part of the Malheur 
     National Forest, the Wallowa-Whitman National Forest, and the 
     Umatilla National Forest;
       (2) the surface estate of the private land described in 
     paragraph (1) is intermingled with parcels of land that are 
     owned by the United States or contain valuable fisheries and 
     wildlife habitat desired by the United States;
       (3) the consolidation of land ownerships will facilitate 
     sound and efficient management for both public and private 
     lands;
       (4) the improvement of management efficiency through the 
     land tenure adjustment program of the Department of the 
     Interior, which disposes of small isolated tracts having low 
     public resource values within larger blocks of contiguous 
     parcels of land, would serve important public objectives, 
     including--
       (A) the enhancement of public access, aesthetics, and 
     recreation opportunities within or adjacent to designated 
     wild and scenic river corridors;
       (B) the protection and enhancement of habitat for 
     threatened, endangered, and sensitive species within unified 
     landscapes under Federal management; and
       (C) the consolidation of holdings of the Bureau of Land 
     Management and the Forest Service--
       (i) to facilitate more efficient administration, including 
     a reduction in administrative costs to the United States; and
       (ii) to reduce right-of-way, special use, and other permit 
     processing and issuance for roads and other facilities on 
     Federal land;
       (5) time is of the essence in completing a land exchange 
     because further delays may force the identified landowners to 
     construct roads in, log, develop, or sell the private land 
     and thereby diminish the public values for which the private 
     land is to be acquired; and
       (6) it is in the public interest to complete the land 
     exchanges at the earliest practicable date so that the land 
     acquired by the United States can be preserved for--
       (A) protection of threatened and endangered species 
     habitat; and
       (B) permanent public use and enjoyment.

     SEC. 3. DEFINITIONS.

       As used in this Act--
       (1) the term ``Clearwater'' means Clearwater Land 
     Exchange--Oregon, an Oregon partnership that signed the 
     document entitled ``Assembled Land Exchange Agreement between 
     the Bureau of Land Management and Clearwater Land Exchange--
     Oregon for the Northeast Oregon Assembled Lands Exchange, OR 
     51858,'' dated October 30, 1996, and the document entitled 
     ``Agreement to initiate'' with the Forest Service, dated June 
     30, 1995, or its successors or assigns;
       (2) the term ``identified landowners'' means private 
     landowners identified by Clearwater and willing to exchange 
     private land for Federal land in accordance with this Act;
       (3) the term ``map'' means the map entitled ``Northeast 
     Oregon Assembled Land Exchange/

[[Page 5807]]

     Triangle Land Exchange'', dated November 5, 1999; and
       (4) the term ``Secretary'' means the Secretary of the 
     Interior or the Secretary of Agriculture, as appropriate.

     SEC. 4. BLM--NORTHEAST OREGON ASSEMBLED LAND EXCHANGE.

       (a) In General.--Upon the request of Clearwater, on behalf 
     of the appropriate identified landowners, the Secretary of 
     the Interior shall exchange the Federal lands described in 
     subsection (b) for the private lands described in subsection 
     (c), as provided in section 6.
       (b) BLM Lands To Be Conveyed.--The parcels of Federal lands 
     to be conveyed by the Secretary to the appropriate identified 
     landowners are as follows:
       (1) the parcel comprising approximately 45,824 acres 
     located in Grant County, Oregon, within the Central Oregon 
     Resource Area in the Prineville District of the Bureau of 
     Land Management, as generally depicted on the map;
       (2) the parcel comprising approximately 2,755 acres located 
     in Wheeler County, Oregon, within the Central Oregon Resource 
     Area in the Prineville District of the Bureau of Land 
     Management, as generally depicted on the map;
       (3) the parcel comprising approximately 726 acres located 
     in Morrow Country, Oregon, within the Baker Resource Area of 
     the Vale District of Land Management, as generally depicted 
     on the map; and
       (4) the parcel comprising approximately 1,015 acres located 
     in Umatilla County, Oregon, within the Baker Resource Area in 
     the Vale District of the Bureau of Land Management, as 
     generally depicted on the map.
       (c) Private Lands To Be Acquired.--The parcel of private 
     lands to be conveyed by the appropriate identified landowners 
     to the Secretary are as follows:
       (1) the parcel comprising approximately 31,646 acres 
     located in Grant County, Oregon, within the Central Oregon 
     Resource Area in the Prineville District of the Bureau of 
     Land Management, as generally depicted on the map;
       (2) the parcel comprising approximately 1,960 acres located 
     in Morrow County, Oregon, within the Baker Resource Area in 
     the Vale District of the Bureau of Land Management, as 
     generally depicted on the map; and
       (3) the parcel comprising approximately 10,544 acres 
     located in Umatilla County, Oregon, within the Baker Resource 
     Area in the Vale District of the Bureau of Land Management, 
     as generally depicted on the map.

     SEC. 5. FOREST SERVICE--TRIANGLE LAND EXCHANGE.

       (a) In General.--Upon the request of Clearwater, on behalf 
     of the appropriate identified landowners, the Secretary of 
     Agriculture shall exchange the Federal lands described in 
     subsection (b) for the private lands described in subsection 
     (c), as provided in section 6.
       (b) Forest Service Lands To Be Conveyed.--The National 
     Forest System lands to be conveyed by the Secretary to the 
     appropriate identified landowners comprise approximately 
     3,901 acres located in Grant and Harney Counties, Oregon, 
     within the Malheur National Forest, as generally depicted on 
     the map.
       (c) Private Lands To Be Acquired.--The parcels of private 
     lands to be conveyed by the appropriate identified landowners 
     to the Secretary are as follows:
       (1) the parcel comprising approximately 3,752 acres located 
     in Grant and Harney Counties, Oregon, within the Malheur 
     National Forest, as generally depicted on the map;
       (2) the parcel comprising approximately 1,702 acres located 
     in Baker and Grant Counties, Oregon, within the Wallowa-
     Whitman National Forest, as generally depicted on the map; 
     and
       (3) the parcel comprising approximately 246 acres located 
     in Grant and Wallowa Counties, Oregon, within or adjacent to 
     the Umatilla National Forest, as generally depicted on the 
     map.

     SEC. 6. LAND EXCHANGE TERMS AND CONDITIONS.

       (a) In General.--Except as otherwise provided in this Act, 
     the land exchanges implemented by this Act shall be conducted 
     in accordance with section 206 of the Federal Land Policy and 
     Management Act (43 U.S.C. 1716) and other applicable laws.
       (b) Multiple Transactions.--The Secretary of the Interior 
     and the Secretary of Agriculture may carry out a single or 
     multiple transactions to complete the land exchanges 
     authorized in this Act.
       (c) Completion of Exchanges.--Any land exchange under this 
     Act shall be completed not later than 90 days after the 
     Secretary and Clearwater reach an agreement on the final 
     appraised values of the lands to be exchanged.
       (d) Appraisals.--The values of the lands to be exchanged 
     under this Act shall be determined by appraisals using 
     nationally recognized appraisal standards, including as 
     appropriate--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions (1992); and
       (B) the Uniform Standards of Professional Appraisal 
     Practice.
       (2) To ensure the equitable and uniform appraisal of the 
     lands to be exchanged under this Act, all appraisals shall 
     determine the best use of the lands in accordance with the 
     law of the State of Oregon, including use for the protection 
     of wild and scenic river characteristics as provided in the 
     Oregon Administrative Code.
       (3)(A) all appraisals of lands to be exchanged under this 
     Act shall be completed, reviewed and submitted to the 
     Secretary not later than 90 days after the date Clearwater 
     requests the exchange.
       (B) Not less than 45 days before an exchange of lands under 
     this Act is completed, a comprehensive summary of each 
     appraisal for the specific lands to be exchanged shall be 
     available for public inspection in the appropriate Oregon 
     offices of the Secretary, for a 15-day period.
       (4) After the Secretary approves the final appraised values 
     of any parcel of the lands to be conveyed under this Act, the 
     value of such parcel shall not be reappraised or updated 
     before the completion of the applicable land exchange, except 
     for any adjustments in value that may be required under 
     subsection (e)(2).
       (e) Equal Value Land Exchange.--(1)(A) The value of the 
     lands to be exchanged under this Act shall be equal, or if 
     the values are not equal, they shall be equalized in 
     accordance with section 206(b) of the Federal Land Policy and 
     Management Act (43 U.S.C. 1716(b)) of this subsection.
       (B) The Secretary shall retain any cash equalization 
     payments received under subparagraph (A) to use, without 
     further appropriation, to purchase land from willing sellers 
     in the State of Oregon for addition to lands under the 
     administration of the Bureau of Land Management or the Forest 
     Service, as appropriate.
       (2) If the value of the private lands exceeds the value of 
     the Federal lands by 25 percent or more, Clearwater, after 
     consultation with the affected identified landowners and the 
     Secretary, shall withdraw a portion of the private lands 
     necessary to equalize the values of the lands to be 
     exchanged.
       (3) If any of the private lands to be acquired do not 
     include the rights to the subsurface estate, the Secretary 
     may reserve the subsurface estate in the Federal lands to be 
     exchanged.
       (f) Land Titles.--(1) Title to the private lands to be 
     conveyed to the Secretary shall be in a form acceptable to 
     the Secretary.
       (2) The Secretary shall convey all right, title, and 
     interest of the United States in the Federal lands to the 
     appropriate identified landowners, except to the extent the 
     Secretary reserves the subsurface estate under subsection 
     (c)(2).
       (g) Management of Lands.--(1) Lands acquired by Secretary 
     of the Interior under this Act shall be administered in 
     accordance with sections 205(c) of the Federal Land Policy 
     and Management Act (43 U.S.C. 1715(c)), and lands acquired by 
     the Secretary of Agriculture shall be administered in 
     accordance with sections 205(d) of such Act (43 U.S.C. 
     1715(d)).
       (2) Lands acquired by the Secretary of the Interior 
     pursuant to section 4 which are within the North Fork of the 
     John Day subwatershed shall be administered in accordance 
     with section 205(c) of the Federal Land Policy and Management 
     Act (43 U.S.C. 1715(c)), but shall be managed primarily for 
     the protection of native fish and wildlife habitat, and for 
     public recreation. The Secretary may permit other authorized 
     uses within the subwatershed if the Secretary determines, 
     through the appropriate land use planning process, that such 
     uses are consistent with, and do not diminish these 
     management purposes.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out this Act.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1629), as amended, was passed.

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