[105th Congress Public Law 321]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ321.105]
OREGON PUBLIC LANDS TRANSFER AND PROTECTION ACT OF 1998
Public Law 105-321
105th Congress
An Act
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. <<NOTE: Oct. 30, 1998 - [H.R.
4326]>>
Be it enacted by the Senate and House of Representatives of the
United States of <<NOTE: Oregon Public Lands Transfer and Protection Act
of 1998.>> America in Congress assembled,
SECTION 1. <<NOTE: 43 USC 390h note.>> 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. <<NOTE: Federal Register, publication.>> 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.
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 the 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 the 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 <<NOTE: 16 USC 668dd note.>> 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 para-
graph (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. <<NOTE: 43 USC 390h-16.>> 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;
(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.
Approved October 30, 1998.
LEGISLATIVE HISTORY--H.R. 4326:
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HOUSE REPORTS: No. 105-810 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 12, considered and passed House.
Oct. 14, considered and passed Senate.
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