Home > 105th Congressional Bills > S. 2513 (rs) 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. %%Fil...S. 2513 (rs) 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. %%Fil...
105th CONGRESS
2d Session
S. 2513
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 21, 1998
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
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.
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 Land
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 land in Oregon.
TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND
Sec. 201. Definitions.
Sec. 202. No net loss of O & C land, CBWR land, or public domain land.
Sec. 203. Relationship to Umpqua land exchange authority.
TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON
Sec. 301. Conveyance to Deschutes County, Oregon.
TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS
SEC. 101. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOREST AND
OTHER PUBLIC LAND IN OREGON.
(a) Transfer From Public Domain to National Forest.--
(1) Land transfer.--The public domain land depicted on the
map entitled ``BLM/Rogue River NF Administrative Jurisdiction
Transfer, North Half'' and dated April 28, 1998, and the map
entitled ``BLM/Rogue River NF Administrative Jurisdiction
Transfer, South Half'' 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, is added to
and made a part of Rogue River National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of the Interior to the Secretary
of Agriculture.
(3) Management.--Subject to valid existing rights, the
Secretary of Agriculture shall manage the land described in
paragraph (1) as part of Rogue River National Forest in
accordance with the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (36 Stat. 961, chapter 186), and other laws
(including regulations) applicable to the National Forest
System.
(b) Transfer From National Forest to Public Domain.--
(1) Land transfer.--The Federal land depicted on the maps
described in subsection (a)(1), consisting of approximately
1,632 acres within the external boundaries of Rogue River
National Forest, is transferred to unreserved public domain
status, and the status of the land as part of Rogue River
National Forest and the National Forest System is revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of Agriculture to the Secretary
of the Interior.
(3) Management.--Subject to valid existing rights, the
Secretary of the Interior shall administer such land under the
laws (including regulations) applicable to unreserved public
domain land.
(c) Restoration of Status of Certain National Forest Land as
Revested Railroad Grant Land.--
(1) Restoration of earlier status.--The Federal land
depicted on the maps described in subsection (a)(1), consisting
of approximately 4,298 acres within the external boundaries of
Rogue River National Forest, is restored to the status of
revested Oregon and California Railroad grant land, and the
status of the land as part of Rogue River National Forest and
the National Forest System is revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of Agriculture to the Secretary
of the Interior.
(3) Management.--Subject to valid existing rights, the
Secretary of the Interior shall administer the land described
in paragraph (1) under the Act of August 28, 1937 (43 U.S.C.
1181a et seq.), and other laws (including regulations)
applicable to revested Oregon and California Railroad grant
land under the administrative jurisdiction of the Secretary of
the Interior.
(d) Addition of Certain Revested Railroad Grant Land to National
Forest.--
(1) Land transfer.--The revested Oregon and California
Railroad grant land depicted on the maps described in
subsection (a)(1), consisting of approximately 960 acres within
the external boundaries of Rogue River National Forest, is
added to and made a part of Rogue River National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of the Interior to the Secretary
of Agriculture.
(3) Management.--Subject to valid existing rights, the
Secretary of Agriculture shall manage the land described in
paragraph (1) as part of Rogue River National Forest in
accordance with the Act of March 1, 1911 (36 Stat. 961, chapter
186), and other laws (including regulations) applicable to the
National Forest System.
(4) 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 land 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 adjusted to encompass the land 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 ``BLM/Rogue River NF Boundary Adjustment, North Half'' and
dated April 28, 1998, and the map entitled ``BLM/Rogue River NF
Boundary Adjustment, South Half'' and dated April 28, 1998.
(f) Maps.--Not later than 60 days after the date of enactment of
this Act, the maps described 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 enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall--
(1) revise the public land records relating to the land
transferred under this section to reflect the administrative,
boundary, and other changes made by this section; and
(2) publish in the Federal Register appropriate notice to
the public of the changes in administrative jurisdiction made
by this section with regard to the land.
TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND
SEC. 201. DEFINITIONS.
In this title:
(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.
SEC. 202. 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.
SEC. 203. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY.
Notwithstanding any other provision of this title, 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 (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.
TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON
SEC. 301. 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 and to promote the public interest in the efficient delivery
of social services and public amenities in southern Deschutes County,
Oregon, by--
(1) providing land for private residential development to
compensate for development prohibitions on private land
currently zoned for residential development 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 the 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.--
(1) In general.--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, the land
in Deschutes County, Oregon (referred to in this section as the
``County''), comprising approximately 544 acres and lying in
Township 22, S., Range 10 E. Willamette Meridian, described as
follows:
(A) Sec. 1:
(i) Government Lot 3, the portion west of
Highway 97;
(ii) Government Lot 4;
(iii) 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;
(B) Sec. 2:
(i) Government Lot 1;
(ii) SENE, SESW, the portion east of
Huntington Road; NESE; NWSE; SWSE; SESE, the
portion west of Highway 97;
(C) Sec. 11:
(i) Government Lot 10;
(ii) 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.
(2) Suitability for sale.--The Secretary shall convey the
land under paragraph (1) only if the Secretary determines that
the land is suitable for sale through the land use planning
process.
(c) 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 Nine East 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.
Passed the Senate October 9 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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