Text: H.R.4326 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-321 (10/30/1998)

 
[105th Congress Public Law 321]
[From the U.S. Government Printing Office]


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[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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