[Senate Report 105-391]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 704
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-391
_______________________________________________________________________


 
         OREGON PUBLIC LAND TRANSFER AND PROTECTION ACT OF 1998

                                _______
                                

  October 9 (legislative day, October 2), 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2513]

    The Committee on Energy and Natural Resources, to which was 
referred 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, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                         purpose of the measure

    S. 2513, as ordered reported, transfers administrative 
jurisdiction over certain Federal lands located within or 
adjacent to the Rogue River National Forest and limits the 
authority of the Bureau of Land Management to sell and exchange 
other Federal lands in Oregon.

                          background and need

    S. 2513 consolidates the management over certain parcels of 
Federal land by transferring jurisdiction of these parcels 
between the Forest Service and the Bureau of Management. 
Transferring jurisdiction over these parcels of land will 
substantially reduce management costs for the two agencies. The 
status of any Oregon and California Railroad grant (O and C) 
lands transferred will not change, regardless of which agency 
has jurisdiction over the lands following the transfer.
    The bill also provides that, over successive ten-year 
periods, there will be no net loss of acres designated as O and 
C land and Coos Bay Wagon Road (CBWR) grant land in an 
identified area in Oregon. In addition, the bill requires that 
there be no net loss over successive ten-year periods of O and 
C land, CBWR land, and public domain land available for timber 
harvesting in the identified area in Oregon.

                          legislative history

    S. 2513 was introduced on September 23, 1998, by Senator 
Smith (R-OR) and referred to the Committee on Energy and 
Natural Resources. The Subcommittee on Forests and Public Land 
Management held a hearing on S. 2513 on October 1, 1998. At the 
business meeting on October 6, 1998, the Committee on Energy 
and Natural Resources ordered S. 2513 favorably reported 
without amendment.

            committee recommendation and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on October 6, 1998, by unanimous vote of a 
quorum present, recommends that the Senate pass S. 2513, 
without amendment.

                      section-by-section analysis

    Section 1 provides a short title.
    Section 101(a) identifies the public domain land to be 
transferred to the Rogue River National Forest. It directs 
transfer of administrative jurisdiction of the identified land 
from the Secretary of the Interior to the Secretary of 
Agriculture. It also states that, subject to valid existing 
rights,the Secretary of Agriculture shall manage the land 
described in accordance with the Weeks Act (36 Stat. 961, 
chapter 186) and other laws applicable to the National Forest 
System.
    Subsection (b) identifies the Rogue River National Forest 
lands to be transferred to unreserved public domain status. 
This subsection also directs transfers of administrative 
jurisdiction of the land described from the Secretary of 
Agriculture to the Secretary of the Interior. This subsection 
also states that, subject to valid existing rights, the 
Secretary of the Interior shall administer the land described 
under the laws applicable to unreserved public domain land.
    Subsection (c) describes the lands restored to the status 
of revested Oregon and California Railroad grant lands and 
revokes the national forest status. It directs transfer of 
administrative jurisdiction of the land described from the 
Secretary of Agriculture to the Secretary of the Interior. It 
states that, subject to valid existing rights, the Secretary of 
the Interior shall administer the land described in accordance 
with laws applicable to revested Oregon and California Railroad 
grant land.
    Subsection (d) describes the revested Oregon and California 
Railroad grant land made a part of Rogue River National Forest. 
It directs transfers of administrative jurisdiction of the land 
described from the Secretary of the Interior to the Secretary 
Agriculture. It states that, subject to valid existing rights, 
the Secretary of Agriculture shall manage the land described as 
part of Rogue River National Forest in accordance with laws 
applicable to the National Forest System. This subsection 
further states that, notwithstanding the provisions of certain 
laws, revenue from the land shall be distributed in accordance 
with the O and C Lands Act.
    Subsection (e) adjusts the boundaries of Rogue River 
National Forest and excludes adjacent private property 
interests.
    Subsection (f) states the date and location where maps will 
be available for public inspection.
    Subsection (g) requires that, as soon as practicable, 
public land records be revised and appropriate notice be 
published in the Federal Register.
    Section 201 contains definitions.
    Section 202 states that, in carrying out sales, purchases, 
and exchanges of the described land, the Secretary shall ensure 
that the number of acres of Oregon and California Railroad 
grant lands and Coos Bay Wagon Road lands in the identified 
area, as well as the number of acres of public domain land, O 
and C land, and CBWR land available for timber harvesting, over 
successive 10-year periods, is not less than the number of 
acres of such land on the date of enactment.
    Section 203 stipulates that 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,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.

                   cost and budgetary considerations

    The cost and budgetary considerations prepared by the 
Congressional Budget Office are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 8, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2513, the Oregon 
Public Land Transfer and Protection Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

S. 2513--Oregon Public Land Transfer and Protection Act of 1998

    Summary: S. 2513 would transfer administrative jurisdiction 
over certain federal lands in the state of Oregon between the 
Bureau of Land Management (BLM) and the U.S. Forest Service. 
The bill also would modify the Secretary of the Interior's 
authority to sell, purchase, or exchange certain federal land 
managed by BLM in Oregon.
    CBO estimates that enacting S. 2513 would not have a 
significant impact on the federal budget over the 1999-2008 
period. Because the bill would affect direct spending, pay-as-
you-go procedures would apply; however, CBO estimates that such 
effects would total less than $500,000 each year.
    S. 2513 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    Background: Under current law, offsetting receipts 
generated from federal land result in payments to states and 
counties based on formulas specific to the federal land 
category. S. 2513 would affect three categories of federal land 
in Oregon: National Forest System (NFS) lands, which are 
managed by the U.S. Forest Service (within the Department of 
Agriculture); public domain (PD) lands, which are managed by 
BLM (within the Department of the Interior); and revested 
Oregon and California (O&C) Railroad grant lands, which are 
managed by BLM or the Forest Service.
    Under current law, amounts equivalent to 25 percent of 
offsetting receipts from NFS land are distributed to states for 
the benefit of counties; amounts equivalent to 5 percent of net 
receipts generated on PD land are distributed to the states; 
and amounts equivalent to 50 percent of receipts from Oregon 
and California grant lands are distributed to counties. 
However, a different payment process is temporarily in effect 
for counties in which federal land is affected by decisions 
related to the northern spotted owl. Under the Omnibus Budget 
Reconciliation Act of 1993 (OBRA-93), those counties receive a 
special guaranteed payment through fiscal year 2003 based on 
the historic levels of receipt-sharing payments. Beginning in 
fiscal year 2004, those guaranteed special payments will end 
and the underlying receipt-sharing formulas will take effect 
again.
    Estimated cost to the Federal Government: CBO estimates 
that enacting S. 2513 would not have a significant impact on 
the federal budget over the 1999-2008 period.
    Title I would change the administration of about 8,950 
acres of federal lands within the Rogue River National Forest 
in Oregon by transferring jurisdiction between BLM and the 
Forest Service. Title I also specifies the legal category of 
the transferred lands, each of which has an associated receipt-
sharing formula. Implementing these changes in land status 
would alter the receipt-sharing formula for 3,690 acres: 2,058 
acres currently categorized as PD land would be redesignated as 
NFS land, and 1,632 acres currently categorized as NFS land 
would be redesignated as PD land. Of the 3,690 acres affected 
by these changes, 235 acres are temporarily subject to the 
OBRA-93 special payments for land affected by federal decisions 
regarding the northern spotted owl. After 2003, the bill would 
result in a net increase of 426 acres subject to the more 
generous NFS formula instead of the PD formula.
    CBO estimates that title I would increase payments to 
Oregon and counties within the state, but that the increase 
would be less than $500,000 a year. Once the special guaranteed 
payments to counties affected by northern spotted owl decisions 
expire at the end of 2003, title I would make more federal 
acreage subject to the 25-percent receipt-sharing formula. For 
purposes of this estimate, CBO assumes there will be no 
significant change in the current restrictions on timber 
harvests affected by the northern spotted owl decisions. 
Because little timber is being harvested on those lands now, we 
estimate that a more generous receipt-sharing formula on those 
acres would not result in a significant increase in payments to 
Oregon in any year over the 1999-2008 period.
    Title II would require the Secretary to ensure no net loss 
of certain types of acres when federal land is sold, purchased, 
and exchanged within six BLM districts; Medford, Roseburg, 
Eugene, Salem Coos Bay, and the Klamath Resource Area within 
the Lakeview district. The provisions in title II could affect 
direct spending (including offsetting receipts) if they 
resulted in changes to timber harvests on federal land and the 
associated payments to states and counties. However, CBO 
estimates that any such effects would likely be insignificant 
over the next ten years.
    Pay-as-you-go-considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that S. 2513 would affect direct spending, but that 
such changes would be less than $500,000 a year over the 1999-
2008 period.
    Intergovernmental and private-sector impact: S. 2513 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
bugets of state, local, or tribal governments.
    Previous CBO estimates: On September 22, 1998, CBO prepared 
a cost estimate for H.R. 4326, the Oregon Public Lands Transfer 
and Protection Act of 1998, as ordered reported by the House 
Committee on Resources on July 29, 1998. Title I of S. 2513 is 
similar to title I of H.R. 4326, and the estimated costs are 
the same. Title II of S. 2513 differs from title II in H.R. 
4326.
    Estimate prepared by: Victoria V. Heid.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2513.
    The bill is not a regulatory measure in the sense of 
imposing Government established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little if any additional paperwork would result from the 
enactment of S. 2513.

                        executive communications

    The Committee on Energy and Natural Resources has requested 
executive comment from the Department of Agriculture and the 
Office of Management and Budget. These legislative reports were 
not available at the time this report was filed. When the 
requested reports become available, the Chairman will request 
that they be printed in the Congressional Record for the advice 
of the Senate. The testimony provided by Forest Service at the 
October 1, 1998, Subcommittee hearing follows:

   Statement of Sandra H. Key, Associate Deputy Chief, Programs and 
         Legislation, Forest Service, Department of Agriculture

S. 2513--Rogue River National Forest and O&C Lands in Oregon
    The administration supports Title I of S. 2513 and strongly 
opposes Title II of this bill. Title I of S. 2513 would 
transfer jurisdiction over approximately 2,058 acres of land 
from the Department of the Interior's Bureau of Land Management 
(BLM) to the USDA Forest Service in southern Oregon. The lands 
conveyed to the Forest Service would be managed under the 
authority of the Weeks Act and other laws applicable to the 
National Forest System. The bill would also transfer 1,632 
acres from the Forest Service to the BLM as unreserved public 
domain lands. In addition, the bill would restore 960 acres of 
Oregon and California (O&C) lands to the Rogue River National 
Forest. The boundaries of the Rogue River National Forest would 
be adjusted to reflect the interchange.
    This interchange between the two agencies would convey 
isolated BLM parcels that are scattered within the National 
Forest around Applegate Lake, southwest of Ashland, and north 
of the Prospect Ranger District office in exchange for isolated 
Forest Service parcels near Sugarloaf Mountain, Summit Prairie, 
and along the Applegate River north of the general forest 
boundary. The bill is written in a manner that assures the 
continued commitment to O&C land grant counties, regardless of 
management responsibility.
    The interchange will result in the transfer of all BLM 
lands within the general forest boundary to the Forest Service, 
allowing for single agency management. It will also transfer to 
the BLM the majority of the isolated national forest lands that 
are located up to 10 miles from the general forest boundary and 
are adjacent to current BLM managed lands. The resultant 
consolidated land bases will provide for more efficient 
management by both agencies, as well as improved service to the 
public.
    The Forest Service testified in support of the House bill, 
H.R. 3186, if amended, before the House Resources Subcommittee 
on Forests and Forest Health in April. The bill language in S. 
2513 has been modified to address the Administration's concerns 
with Title I by clarifying that the lands to be conveyed to the 
Forest Service are to be managed under the authority of the 
Weeks Act and other laws related to the National Forest System 
lands; to adjust the boundaries of the Rogue River National 
Forest; to reflect the interchange and other minor changes; to 
exclude private property along the external boundaries, and to 
provide for public availability of the maps related to this 
bill.
    Enactment of Title I, as amended, would result in improved 
management of, and public service on, the currently 
intermingled lands.
    On behalf of the BLM, the Administration strongly opposes 
Title II. While some of the objectionable provisions of the 
related measure (H.R. 4326) have been removed, the provision 
requiring no net loss of lands available for timber harvest is 
unacceptable and could hamper the Administration's ability to 
meet its goals under the Northwest Forest Plan.
    Section 202 would segregate the public lands in western 
Oregon by placing restrictions on the authority of the 
Secretary of the Interior to sell, exchange and manage them. 
The bill would statutorily fix the total acreage of affected 
Oregon and California (O&C), Coos Bay Wagon Road (CBWR), and 
public domain lands available for timber harvest at not less 
than the number of acres on the date of enactment. It would 
make it more difficult and perhaps impossible for the BLM to 
accomplish its Northwest Forest Plan goals of providing for 
timber production as well as protection of forest habitat. This 
restriction would be radically different from the way in which 
the BLM administers the rest of its 264 million acres of public 
lands under FLPMA and we see no compelling reason that these 
lands in western Oregon should be treated differently.
    By fixing in statute the number of acres available for 
timber harvest, this bill could restrict activities such as 
land exchanges that result in win-win situations for all 
parties. Let me give you an example of the types of exchanges 
BLM does in this area and how they can be beneficial to 
commercial interests, wildlife protection, private landowners, 
and county governments. In 1994 the BLM completed the Dunning 
Ranch exchange. The BLM acquired 6,581 acres of Columbia white 
tail deer (an endangered species) habitat in exchange for 360 
acres of commercial timber land. Of the acquired lands, 400 
acres of Areas of Critical Environmental Concern were secure 
habitat for the Columbia white-tail deer. As a result of this 
exchange and an acquisition by the local county, the Fish and 
Wildlife Service is in the process of de-listing the deer. 
Thus, in this exchange the BLM was able to both protect the 
timber base (actually, increasing it by 40 acres) and provide 
secure habitat for an endangered species. The de-listing will 
result in the lifting of restriction on other lands in the 
area, including private lands. Similar exchanges might involve 
the loss of some timber harvest acres, yet still result in win-
win situations for all parties.
    Enactment of Title II of S. 2513 would seriously burden the 
Administration's ability to do these activities.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2513 as ordered 
reported.