H.R. 4326 (105th): Oregon Public Lands Transfer and Protection Act of 1998

105th Congress, 1997–1998. Text as of Oct 14, 1998 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

H.R.4326

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

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.

    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 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. 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 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. 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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.