Text: S.1629 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-257 (08/08/2000)

 
[106th Congress Public Law 257]
[From the U.S. Government Printing Office]


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[DOCID: f:publ257.106]


[[Page 650]]

                    OREGON LAND EXCHANGE ACT OF 2000

[[Page 114 STAT. 650]]

Public Law 106-257
106th Congress

                                 An Act


 
      To provide for the exchange of certain land in the State of 
              Oregon. <<NOTE: Aug. 8, 2000 -  [S. 1629]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Oregon Land 
Exchange Act of 2000.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Land Exchange Act of 2000''.

SEC. 2. FINDINGS.

    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

[[Page 114 STAT. 651]]

                          (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 of the 
        Vale District 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

[[Page 114 STAT. 652]]

        in the Vale District of the Bureau of Land Management, as 
        generally depicted on the map.

    (c) Private Lands To Be Acquired.--The parcel 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) <<NOTE: Deadline.>>  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.

[[Page 114 STAT. 653]]

    (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) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  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 accordance with 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 the 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

[[Page 114 STAT. 654]]

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.

    Approved August 8, 2000.

LEGISLATIVE HISTORY--S. 1629:
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HOUSE REPORTS: No. 106-747 (Comm. on Resources).
SENATE REPORTS: No. 106-248 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Apr. 13, considered and passed Senate.
            July 25, considered and passed House.

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