[Senate Report 106-248]
[From the U.S. Government Publishing Office]
Calendar No. 467
106th Congress Report
SENATE
2d Session 106-248
======================================================================
OREGON LAND EXCHANGE ACT OF 2000
_______
March 22, 2000.--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. 1629]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1629) to provide for the exchange of
certain land in the State of Oregon, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert 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.
The 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/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 County, Oregon, within the Baker Resource Area if the
Vale District of the Bureau 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 parcels 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.--(1) 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 accordancewith section 206(b) of the
Federal Land Policy and Management Act (43 U.S.C. 1716(b)) or 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.
purpose of the measure
The purpose of S. 1629 is to provide for the exchange of
certain lands in the State of Oregon.
background and need
S. 1629 authorizes two exchanges of public and private
lands in Oregon: the Triangle Land Exchange and the Northeast
Oregon Assembled Land Exchange. Approximately 54,000 acres of
Bureau of Land Management (BLM) and Forest Service land is
proposed to be traded for nearly 50,000 acres currently held by
private landowners in northeast Oregon. The bill requires that
the lands to be exchanged be of equal value, or equalized by
cash payments or a reduction in the amount of private land
acquired.
Both the United States and the private landowners will
benefit from this exchange. The BLM and Forest Service will
acquire sensitive river corridors which will improve the
efficiency of their protection efforts for threatened and
endangered fish. Currently, many of these lands are
intermingled with private parcels and make resource management
difficult for the agencies. The improvement of fish-bearing
streams and riparian areas is critical to the survival of many
struggling species of fish in the Northwest.
Communities and landowners will also benefit from these
exchanges. The consolidation of ownership patterns and the
release of previously inaccessible forest lands will boost
local economies and enhance the ability of the private sector
to manage its own lands.
legislative history
S. 1629 was introduced by Senators Smith of Oregon and
Wyden on September 23, 1999. The Subcommittee on Forests and
Public Land Management held a hearing on S. 1629 on October 14,
1999. At the business meeting on February 10, 2000, the
Committee on Energy andNatural Resources ordered S. 1629
reported favorably with an amendment in the nature of a substitute.
committee recommendation and tabulation of votes
The Senate Committee on Energy and Natural Resources, in
open business session on February 10, 2000, by a voice vote of
a quorum present recommends that the Senate pass S. 1629 if
amended as described herein.
committee amendment
During the consideration of S. 1629, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
several technical, clarifying, and conforming changes and is
explained in detail in the section-by-section analysis below.
section-by-section analysis
Section (1) contains the short title, the ``Oregon Land
Exchange Act of 2000.''
Section (2) contains congressional findings.
Section (3) defines terms used in the Act.
Section (4) requires the Secretary of the Interior, upon
request of the Clearwater partnership, to exchange
approximately 50,320 acres of Federal lands administered by the
BLM for approximately 44,150 acres of private lands, as
provided in section 6. The lands to be exchanged are identified
on the referenced map.
Section (5) requires the Secretary of Agriculture, upon
request of the Clearwater partnership, to exchange
approximately 3,901 acres of Federal lands administered by the
Forest Service for approximately 5,700 acres of private lands
as provided in section 6. The lands to be exchanged are
identified in the referenced map.
Section (6)(a) requires the land exchanges to be conducted
in accordance with section 206 of the Federal Land Policy and
Management Act and other applicable laws.
Subsection (b) provides that any exchange of land may be
accomplished in a single transaction or in phases.
Subsection (c) requires completion of exchanges within 90
days of an agreed upon appraisal.
Subsection (d)(1) requires appraisals to be determined by
recognized appraisal standards.
Paragraph (2) requires all appraisals to determine the best
use of the land in accordance with the law of the State of
Oregon, including use for the protection of wild and scenic
river characteristics.
Paragraph (3) requires appraisals to be completed and
submitted to the appropriate Secretary for approval no later
than 90 days after the date Clearwater requests the exchange. A
summary of each appraisal will be available for public
inspection.
Paragraph (4) requires that after the appropriate Secretary
approves the appraised value of the land conveyed, the land
shall not be reappraised or updated.
Subsection (e) requires that the values of the offered land
and the selected land shall be equal or if not equal, shall be
equalized. Cash received by the Secretary may be used to
purchase land from willing sellers.
Subsection (g)(1) requires that the land acquired by the
Secretary of the Interior shall be managed in accordance with
laws and regulations applicable to Bureau of Land Management
lands. The land acquired by the Secretary of Agriculture shall
be manager in accordance with laws and regulations applicable
to National Forest System lands, except lands within the North
Fork of the John Day subwatershed shall also be managed
primarily for fish, wildlife, and public recreation. Other uses
may occur if the Secretary determines that such uses are
consistent with, and do not diminish, these purposes. This
requirement will provide additional protection beyond that
provided in other applicable Federal land management
regulations and statutes.
Section (7) authorizes the appropriation of such sums as
may be necessary to carry out this Act.
cost and budgetary considerations
The Congressional Budget Office estimate of the costs of
this measure follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 8, 2000.
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. 1629, the Oregon
Land Exchange Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria
Heid Hall (for federal costs), and Marjorie Miller (for the
state, local, and tribal impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1629--Oregon Land Exchange Act of 2000
CBO estimates that implementing S. 1629 would have no
significant impact on the federal budget. Because the bill
creates new direct spending authority, pay-as-you-go procedures
would apply, but CBO estimates there would be no significant
spending as a result of enacting this bill. The bill contains
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
S. 1629 provides that upon the request of Clearwater Land
Exchange--Oregon (an Oregon partnership), the Secretaries of
the Interior and Agriculture shall exchange certain federal
lands in the state of Oregon for certain private lands in the
state. Specifically, the Secretary of the Interior shall convey
about 50,320 acres of Bureau of Land Management (BLM) land in
exchange for about 44,150 acres of private land. In addition,
the Secretary of Agriculture shall convey 3,901 acres of
federal land within the Malheur National Forest in exchange for
about 5,700 acres of private land within the Malheur, Wallowa-
Whitman, and Umatilla National Forests. Based on information
from the two agencies, the exchanges could affect grazing
allotments, but we estimate that any impact on grazing receipts
would be trivial.
S. 1629 would give the Secretaries the authority to retain
any cash equalization payments received in these exchanges and
to spend them, without further appropriation, to purchase other
land in Oregon. The Secretaries do not have such authority
under current law. Therefore, enacting S. 1629 could result in
new direct spending if the private parties in these exchanges
make cash equalization payments to the federal government to
complete the transactions. According to BLM and the Forest
Service, the land exchanges are intended to be of equal value
and no cash equalization payments are planned. Based on that
information, we estimate that there would be no significant
direct spending under the bill.
The CBO staff contacts for this estimate are Victoria Heid
Hall (for federal costs), and Marjorie Miller (for the state,
local, and tribal impact). This estimate was approved by Peter
H. Fontaine, Deputy 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. 1629.
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 person 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. 1629, as ordered reported.
executive communications
On February 10, 2000 the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior, the Department of Agriculture, and the Office of
Management and Budget setting forth Executive agency
recommendations on S. 1629. These reports had not been received
at the time the report on S. 1629 was filed. When the 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 the Bureau of Land Management
and the Forest Service at the Subcommittee hearing follows:
Statement of Carson (Pete) Culp, Assistant Director of Minerals, Realty
and Resource Protection, Bureau of Land Management
Mr. Chairman and members of the subcommittee, I appreciate
the opportunity to appear before you today to testify on S.
1629, the Oregon Land Exchange Act of 1999. The Bureau does not
support S. 1629, the Oregon Land Exchange Act of 1999 because
we believe the exchange objectives discussed in this bill can
be accomplished within existing administrative authorities and
it is important to complete the public review process as part
of our land exchange procedures.
This land exchange was first identified in the BLM John Day
Resource Management Plan (RMP) in 1984. In 1993, several
private land owners identified an opportunity for consolidated
land ownership. One of the larger property owners in the area
began land exchange discussions with a third party facilitation
organization known as the Clearwater Land Exchange. The initial
proposal involved an exchange where the BLM would dispose of
difficult to manage isolated lands, and in exchange would gain
valuable stream side areas.
As these proposals evolved, the Clearwater Land Exchange
began to contact other area landowners to discuss the array of
possible land exchanges with the BLM. Following a public tour
in October of 1996, the BLM, in December of 1996, went forward
with the notice of intent to develop an environmental impact
statement (EIS) for the exchange. After extensive public
outreach to landowners, local communities, and tribal
governments the BLM began work on the draft environmental
impact statement, and in June of 1998, the final EIS was
published. However, the public review process has not been
completed regarding individual proposed land exchange
transactions.
In all, this proposed exchange involves the exchange of
over 160,000 acres in multiple Oregon counties. The BLM would
potentially transfer 90,000 acres of isolated public lands, and
acquire 70,000 acres of private land with significant natural
resource values thus creating an improved land ownership and
management pattern in Northeast Oregon.
As one can imagine, the sheet scope of the land exchange
being discussed has resulted in a process containing a series
of smaller and more manageable phases. Once the Record of
Decision and public review process is completed, and assuming
the NEPA documentation supports the decision to go forward with
the exchange, the first phase would primarily involve lands in
Grant, Wheeler, Umatilla, and Morrow Counties. Following the
completion of the disposal of lands in the first phase, the BLM
would continue the public review process for future proposed
exchange transactions and with the help of the Clearwater Land
Exchange work to exchange the remaining lands.
conclusion
Mr. Chairman, these bills presented before you today are an
indication that the public lands are becoming more and more an
avenue by which many can benefit. With the amendments
suggested, we are pleased to be able to support the local
communities of both Landusky, Montana and Carson City, Nevada
in providing land for their needs. We also support the tenets
of the northeast Oregon land exchange proposal, however,
without the use of legislation. We also look forward to working
with the Westside Irrigation District to bring about an
administrative solution to their rural needs. We would be happy
to work with both the Oregon and Wyoming delegations to provide
a solution.
Mr. Chairman, I appreciate this opportunity to appear
before the Subcommittee and discuss these bills. I will be glad
to answer any questions.
------
Statement of Sandra H. Key, Associate Deputy Chief, Programs and
Legislation, Forest Service, Department of Agriculture
Thank you for your invitation to testify at this hearing
today on S. 1629, a bill to provide for the exchange of certain
land in the State of Oregon. I appreciate the opportunity to
join you today.
We support the goal of completing the land exchange covered
by Title II of S. 1629, known as the Triangle Land Exchange Act
of 1999. The land exchange has been proceeding administratively
and is well on its way to completion. We believe that this
legislation is unnecessary, and that the exchange should be
completed through the ongoing administrative process.
Title II of S. 1629 deals with the Triangle land exchange
involving the Forest Service and Clearwater Land Exchange-
Oregon (Clearwater), a third party facilitator acting on behalf
of multiple private landowners. This exchange was first
proposed in 1997, and involves approximately 5,700 acres of
private land and approximately 3,901 acres of National Forest
land on the Malheur, Umatilla, and Wallowa-Whitman National
Forests.
The environmental analysis process was initiated for this
exchange in August, 1997, and the environmental assessment was
completed in April, 1999. Based on the analysis and public
concerns raised during the process, as well as recent court
rulings on land exchange cases, the Forest Service determined
that an Environmental Impact Statement (EIS) would be required.
We are now proceeding with completion of the EIS. While this
will add time to the land exchange process, it will ensure that
full public involvement and all significant environmental
effects are addressed. We anticipate that a Record of Decision
will be signed by August of the year 2000.
The bill, as written, would require that the land exchanges
be completed not later than 90 days after the date on which
Clearwater, on behalf of the identified landowners, makes the
Secretary an offer to exchange. We believe this timeframe would
not allow for completion of the EIS, leaving the Agency more
vulnerable to appeals and litigation that could further delay
the exchange. We feel that the bill is unnecessary, and that
the administrative process in place is working and should not
be pre-empted by the timeline required in the bill.
While we support the goals of the Triangle Land Exchange,
we do not support S. 1629 as currently written, as we believe
the bill is unnecessary and that the administrative process
should be continued to complete this exchange.
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 S. 1629, as ordered
reported.