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105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-810
OREGON PUBLIC LANDS TRANSFER AND PROTECTION ACT OF 1998
October 12, 1998.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Young of Alaska, from the Committee on Resources, submitted the
R E P O R T
[To accompany H.R. 4326]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4326) 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, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purposes of H.R. 4326 is 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.
BACKGROUND AND NEED FOR LEGISLATION
Title I of H.R. 4326 provides for the transfer of
administrative jurisdiction over certain public lands in the
State of Oregon located within or adjacent to the Rogue River
National Forest. It is not a land exchange as normally thought
of, but rather a transfer of jurisdiction of federal lands
between two agencies. It transfers specified lands within the
Rogue River National Forest System in Oregon from public domain
status as administered by the Bureau of Land Management (BLM)
to the National Forest, and it transfers other lands from the
National Forest to public domain status. The intent of the bill
is to provide management consolidation for both the Forest
Service and BLM. Title I was originally introduced as H.R.
Title II of H.R. 4326 was originally introduced as H.R.
3542. This title provides for the protection of Oregon and
California railroad land grants (O&C; lands) by clarifying BLM's
authority to make sales and exchanges of these federal lands in
the State of Oregon. The bill modifies the sales and exchange
authority of the Secretary of the Interior by placing
limitations on the acreage sold and exchanged, and on which
lands are to be sold and exchanged. No O&C; lands located within
a Congressional designated wilderness area; a National Wild and
Scenic River System; or an area of critical environmental
concern designated by the Secretary under the Federal Land
Policy Management Act can be sold or exchanged. The bill also
sets the price and procedures necessary to complete a land
sale, and sets the priority of lands for acquisition such as
lands adjacent to streams, riparian areas and wildlife
corridors. In addition, title II ensures that the total values
of the lands exchanged or sold is equalized by requiring
equalization payments. This title also redesignates public
domain lands for treatment as revested lands and establishes
the manner in which timber and surface resource revenue from
these lands are to be distributed.
H.R. 4326 was introduced on July 24, 1998, by Congressman
Robert Smith (R-OR). The bill was referred to the Committee on
Resources. On July 29, 1998, the Full Resources Committee met
to consider H.R. 4326. No amendments were offered and the bill
was then ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact H.R. 4326.
COST OF THE LEGISLATION
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 4326. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
COMPLIANCE WITH HOUSE RULE XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
4326 does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Congressional Budget Office estimates that
enactment of this bill would increase direct spending, based on
different receipt-sharing programs with the State of Oregon and
certain counties in the State. However, the increase would be
insignificant over the 1999-2003 time period.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 4326.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4326 from the Director of the Congressional Budget Office.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Congressional Budget Office,
Washington, DC, September 22, 1998.
Hon. Don Young,
Chairman, Committee on Resources, House of Representatives, Washington,
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4326, the Oregon
Public Lands Transfer and Protection Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria V.
Heid (for federal costs), and Marjorie Miller (for the state
and local impact).
June E. O'Neill, Director.
H.R. 4326--Oregon Public Lands Transfer and Protection Act of 1998
Summary: H.R. 4326 would transfer administrative
jurisdiction over certain Federal lands in the State of Oregon
between the Bureau of Land Management (BLM) and the U.S. Forest
Service. The bill also would direct the Secretary of the
Interior to redesignate the legal status of certain Federal
land in the State. The redesignation in land status would in
some cases affect Federal payments to the State of Oregon and
counties in the State. H.R. 4326 also would limit the Secretary
of the Interior's authority to sell, purchase, or exchange
certain Federal land managed by BLM in Oregon.
CBO estimates that enacting H.R. 4326 would increase direct
spending by about $14 million over the next 10 years. We
estimate that the bill would have a small impact on direct
spending over the 1999-2003 period but would increase direct
spending by almost $3 million a year beginning in fiscal year
2004. Because the bill would affect direct spending, pay-as-
you-go procedures would apply.
H.R. 4326 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
Background: Under current law, offsetting receipts
generated from Federal land result in payments to states and
counties based on formulas specific to the Federal land
category. H.R. 4326 would affect three categories of Federal
land in Oregon: National Forest System (NFS) lands, which are
managed by the U.S. Forest Service (within the Department of
Agriculture); public domain (PD) lands, which are managed by
BLM (within the Department of the Interior); and revested
Oregon and California (O&C;) Railroad grant lands, which are
managed by BLM or the Forest Service.
Under current law, amounts equivalent to 25 percent of
offsetting receipts from NFS land are distributed to states for
the benefit of counties; amounts equivalent to 5 percent of net
receipts generated on PD land are distributed to the states;
and amounts equivalent to 50 percent of receipts from Oregon
and California grant lands are distributed to counties.
However, a different payment process is temporarily in effect
for counties in which federal land is affected by decisions
related to the northern spotted owl. Under the Omnibus Budget
Reconciliation Act of 1993 (OBRA-93), those counties receive a
special guaranteed payment through fiscal year 2003 based on
the historic levels of receipt-sharing payments. Beginning in
fiscal year 2004, those guaranteed special payments will end
and the underlying receipt-sharing formulas will take effect
Description of the bill's major provisions: Title I would
change the administration of about 8,950 acres of Federal lands
within the Rogue River National Forest in Oregon by
transferring jurisdiction between BLM and the Forest Service.
Title I also specifies the legal category of the transferred
lands, each of which has an associated receipt-sharing formula.
Implementing these changes in land status would alter the
receipt-sharing formula for 3,690 acres: 2,058 acres currently
categorized as PD land would be redesignated as NFS land, and
1,632 acres currently categorized as NFS land would be
redesignated as PD land. Of the 3,690 acres affected by these
changes, 235 acres are temporarily subject to the OBRA-93
special payments for lands affected by Federal decisions
regarding the northern spotted owl. After 2003, the bill would
result in a net increase of 426 acres subject to the more
generous NFS formula instead of the PD formula.
Title II would affect how certain Federal land is
categorized and managed within six BLM districts: Medford,
Roseburg, Eugene, Salem, Coos Bay, and the Klamath Resource
Area within the Lakeview district. The bill would require that
the Secretary, no later than September 30, 1999, designate all
PD land that is timberland within those areas (about 240,000
acres) as O&C; land. The bill specifies that any payments based
on receipts from the redesignated Oregon and California grant
lands that are generated before the end of fiscal year 2003
would continue to be calculated as if they had been generated
from PD land. Payments based on receipts generated after fiscal
year 2003 from the redesignated Oregon and California grant
lands would be disbursed to the Association of Oregon and
California Land Grant Counties for redistribution to the
counties, net of administrative costs.
Estimated cost to the Federal Government: CBO estimates
that enacting H.R. 4326 would increase direct spending by about
$14 million over the next 10 years as a result of additional
payments to Oregon and certain counties in the state. The
increase in direct spending would be insignificant over the
1999-2003 period. Beginning in fiscal year 2004, direct
spending would increase by almost $3 million each year.
CBO estimates that title I would increase payments to
Oregon and counties within the state, but that the increase
would be less than $500,000 a year. Once the special guaranteed
payments to counties affected by northern spotted owl decisions
expire at the end of 2003, title I would make more federal
acreage subject to the 25-percent receipt-sharing formula. For
purposes of this estimate, CBO assumes there will be no
significant change in the current restrictions on timber
harvests affected by the northern spotted owl decisions.
Because little timber is being harvested on those lands now, we
estimate that a more generous receipt-sharing formula on those
acres would not result in a significant increase in payments to
Oregon in fiscal year 2004 or over the 1999-2008 period.
Title II would recategorize about 240,000 acres of federal
land in Oregon from PD to O&C; status. The bill provides that
this redesignation not affect payments based on offsetting
receipts until after fiscal year 2003. Because O&C; land is
subject to a more generous receipt-sharing formula than PD
land, federal payments to Oregon would increase after 2003.
Based on information from BLM, we estimate that payments to
Oregon and counties in the state would increase by almost $3
million a year beginning in fiscal year 2004 and by a total of
about $14 million over the 2004-2008 period.
Provisions in title II affecting the Secretary's authority
to sell, purchase, or exchange certain lands could affect
direct spending (including offsetting receipts) if they
resulted in changes to timber harvests on federal land and the
associated payments to states and counties. However, we
estimate that any such effects would likely be insignificant
over the next five years.
The costs of this legislation fall within budget function
300 (natural resources and the environment) and 800 (general
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The net
changes in outlays and governmental receipts that are subject
to pay-as-you-go procedures are shown in the following table.
For the purposes of enforcing pay-as-you-go procedures, only
the effects in the current year, the budget year, and the
succeeding four years are counted.
By fiscal years, in millions of dollars--
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Changes in outlays................. 0 0 0 0 0 0 3 3 3 3 3
Changes in receipts................ Not applicable
Estimated impact on State, local, and tribal governments:
H.R. 4326 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. CBO estimates that enactment of this bill would
increase certain payments to the state of Oregon and counties
in that state by almost $3 million each year beginning in
fiscal year 2004.
Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Victoria V. Heid.
Impact on State, Local, and Tribal Governments: Marjorie
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
compliance with public law 104-4
H.R. 4326 contains no unfunded mandates.
changes in existing law
If enacted, this bill would make no changes in existing