O&C Forest Transfer Act

Summary: O&C Forest Transfer Act - Directs the Secretary of the Interior, subject to a qualifying legislative resolution of assent from the State of Oregon filed on or before December 31, 1999, to transfer to Oregon  specified real property constituting the Oregon and California (O&C) Railroad Grant Lands, the Coos Bay Military Wagon Road Grant Lands, all federally owned timberlands within one or more O&C counties currently managed by the Bureau of Land Management (BLM), and certain land and structures utilized as offices or in related administrative capacities. 
Outlines terms required in the qualifying resolution of assent, including:  (1) the requirement that Oregon manage the transferred lands for sustained yield, permanent timber production benefitting the economic stability of local communities; (2) the adoption of a State land management plan; (3) the establishment of an O&C Lands Fund for timber sales deposits and disbursements to O&C counties within the transferred lands, as well as to Oregon to cover land management costs; (4) the administration of a mineral rights program for individuals; (5) a prohibition against the sale of any transferred lands capable of timber production; (6) a reservation from entry for commercial timber production; (7) the continuation of current recreational uses; and (8) the establishment of a program providing an employment preference within the Oregon Department of Forestry in transferred land management positions to persons currently employed by the BLM in such capacity. 
Provides a U.S. right of reentry onto such transferred lands when the land is not being managed in accordance with the transfer conditions and such noncompliance has not been corrected within two years of such determination. 
Requires the Secretary and the Secretary of Agriculture, if a qualifying resolution of assent has been filed in a timely manner, to commence the preparation of amendments to Federal land management plans. 
Suspends as of January 1, 2004, specified Federal laws rendered obsolete by the land transfers under this Act.

OF ASSENT.

    (a) Conditions Prerequisite to Transfer.--To satisfy the conditions 
necessary for transfer of the Railroad Grant Lands, Wagon Road Grant 
Lands, interspersed federally owned timberlands managed by the Bureau 
of Land Management, and related property under section 4, the 
resolution of assent by the legislature of the State of Oregon must be 
filed with the Secretary on or before December 31, 1999, and must 
provide for management by the State of Oregon consistent with the 
following terms:
            (1) That the State of Oregon has taken all steps necessary 
        to receive title to the lands conveyed by this Act, hold such 
        lands in trust for the financial benefit of the O&C counties 
        through sustained-yield timber production, and manage such 
        lands in accordance with such trust obligations and for the 
        benefit of the people of Oregon and of the United States.
            (2) That, upon receipt of title, the State of Oregon 
        through its Oregon Board of Forestry and Oregon Department of 
        Forestry or the successors to such Board and Department will 
        manage the lands conveyed by this Act for permanent timber 
        production under the principle of sustained yield for the 
        purpose of contributing to the economic stability of local 
        communities. While providing a permanent source of timber 
        supply, the State of Oregon shall protect watersheds and 
        fisheries, regulate stream flows, provide wildlife habitat and 
        recreational opportunities, and institute a program that 
        provides for blocking up of the lands through trades and other 
        transfers with willing private and other public landowners 
        within the O&C Counties.
            (3) That, in managing the lands conveyed by this Act for 
        the purposes set forth in paragraph (2), the State of Oregon 
        will be guided by principles of good stewardship based on the 
        best verifiable scientific information available at the time.
            (4) That, prior to January 1, 2004, management by the State 
        of Oregon of the transferred lands shall be pursuant to a State 
        management plan that is consistent with the standards and 
        guidelines of the Northwest Forest Plan adopted on April 13, 
        1994, or other Federal land management plans in effect at the 
        time of transfer. Beginning January 1, 2004 and thereafter, 
        management by the State of Oregon in accordance with the 
        objectives of this Act will be conducted under a habitat 
        conservation plan developed and approved pursuant to the 
        Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
        seq.) so as to coordinate with management on lands remaining in 
        Federal ownership.
            (5) That a fund has been established in the treasury of the 
        State of Oregon entitled the ``O&C Lands Fund,'' into which all 
        gross revenues derived from timber sales or otherwise produced 
        from the lands conveyed by this Act or subsequently exchanged 
        lands are deposited.
            (6) That, prior to January 1, 2004, disbursements will be 
        made annually to the O&C counties, with disbursements to 
        individual counties made in the same proportion that each of 
        them has received disbursements of revenues under the Act of 
        August 28, 1937 (43 U.S.C. 1181a-1181f). Annual disbursements 
        prior to January 1, 2004, to the O&C counties from the O&C 
        Lands Fund shall be the lesser of 50 percent of gross revenues 
        deposited in the O&C Lands Fund or the amount that, when taken 
        together with payments received under section 13983 of the 
        Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 
        43 U.S.C. 1181f note), the combined total payments are equal to 
        the amount received by the O&C counties under section 13983 of 
        the Omnibus Budget Reconciliation Act of 1993 during the year 
        in which the qualifying resolution of assent is submitted to 
        the Secretary. Prior to January 1, 2004, all of the revenues 
        deposited in the O&C Lands Fund remaining after annual payments 
        to the O&C counties will be utilized by the State of Oregon for 
        management of the lands conveyed by this Act for the purposes 
        set forth in paragraphs (2) and (3).
            (7) Beginning January 1, 2004, and thereafter, 50 percent 
        of gross revenues deposited in the O&C Lands Fund will be 
        disbursed annually to the O&C counties, with disbursements to 
        individual counties made in the same proportion that each of 
        them has received disbursements of revenues under the Act of 
        August 28, 1937 (43 U.S.C. 1181a-1181f). Beginning January 1, 
        2004, and thereafter, the remaining 50 percent of gross 
        revenues deposited in the O&C Lands Fund will be utilized by 
        the State of Oregon for management of the lands conveyed by 
        this Act for the purposes set forth in paragraphs (2) and (3), 
        with any balance remaining thereafter available to the State 
for other public purposes at the discretion of the State. Payments to 
the O&C counties from the O&C Lands Fund shall not serve as a basis for 
offsetting or reducing payments or revenue distributions by the State 
to any O&C county under any other State program or legislation.
            (8) That the State will accept title subject to all valid 
        existing rights and will assume the obligations of the United 
        States under the terms of any lease, contract, permit, 
        easement, license or other valid binding agreement outstanding 
        between the United States and any other party relating to the 
        lands conveyed by this Act as of the date title is transferred 
        to the State.
            (9) That the State will administer a mineral rights program 
        applicable to any person who, as of the date of enactment of 
        this Act has filed an unpatented mining claim, filed a patent 
        application, or received a first-half patent certificate. 
        Patented lands located within lands transferred pursuant to 
        this Act shall not be subject to this Act, except for the 
        protection of access and other such rights as provided for in 
        paragraph 8 of this section. The State program required by this 
        paragraph will insure that surface, subsurface and access 
        rights of unpatented mining claims, potentially eligible 
        patentees and private patented lands are no less favorable than 
        under Federal law as of January 1, 1996, and that holders of 
        all first-half final patent certificates as of the date of 
        enactment of this Act will be awarded full patents not later 
        than two years after the notice required by section 4, 
        subsection (f) of this Act, and that all unpatented mining 
        claims and patent applications filed as of the date of 
        enactment of this Act will carry the same rights as, and be 
        subject to requirements that are no less favorable to claimants 
        than under Federal law as of January 1, 1996. The State program 
        established pursuant to this paragraph shall recognize all 
        unpatented mining claims filed as of the date of enactment of 
        this Act for so long as the claimant performs assessment work 
        or pays holding fees and meets other requirements, if any, as 
        provided by Federal law as of January 1, 1996. Any fees charged 
        under the State program required by this paragraph shall be 
        paid to the State.
            (10) That, in the case of lands conveyed under this Act 
        that are capable of commercial production of timber, the State 
        will not sell, transfer, or otherwise dispose of such lands, 
        except in cases of mineral patents or in trades or exchanges 
        for lands of equal value as timberlands in a program of 
        blocking up to aid in consolidating ownerships to increase the 
        efficiency and effectiveness of management for economic and 
        ecologic purposes.
            (11) That the State will continue to manage as parks, 
        campgrounds, and other developed recreation sites and 
        facilities any lands conveyed by this Act that are designated 
        as parks, campgrounds, and other developed recreation sites and 
        facilities as of January 1, 1996.
            (12) That, notwithstanding any other provision of this Act, 
        the State of Oregon will reserve from entry for commercial 
        timber production any lands transferred by this Act that are 
        identified in and designated by Federal statute as of January 
        1, 1996 as areas reserved from entry for commercial timber 
        production including, but not limited to, wild and scenic river 
        areas and wilderness areas.
            (13) That the State will, except as may be inconsistent 
        with paragraphs 8 and 9 above, hold the lands conveyed by this 
        Act open and accessible for hunting, fishing, hiking, swimming, 
        boating, trapping, rockhounding and other recreational uses in 
        accordance with applicable State and Federal laws by all the 
        people of the State and of the United States.
            (14) That the State has established a program giving 
        preference in employment within the Oregon Department of 
        Forestry to any person employed by the Bureau of Land 
        Management within the State of Oregon as of the date a 
        qualifying resolution of assent is filed with the Secretary and 
        whose employment by the Bureau of Land Management terminates on 
or before January 1, 2004 as a result of the land transfer provided for 
in this Act, and shall grant an interview to any such person who 
requests one.
    (b) Right of Reentry.--
            (1) Notwithstanding any other provision of law, the United 
        States shall retain a right of reentry until January 1, 2025, 
        in all lands transferred under this Act and held by the State 
        of Oregon.
            (2) Such right of reentry of the United States shall ripen 
        if, upon petition for review by nine or more of the O&C 
        counties or upon request for review from the President of the 
        United States, the Secretary determines that the land conveyed 
        by this Act is not being managed in accordance with the 
        conditions specified in subsection (a), and such noncompliance 
        is not cured within two years following such determination. Any 
        determination by the Secretary under this subsection shall be 
        made on the record after an opportunity for a hearing.
            (3) The ripened right of reentry retained by the United 
        States shall vest and all right, title and interest in lands 
        and other property transferred under this Act shall revert to 
        the United States only if--
                    (A) the Secretary files a declaration of reentry 
                within three months after the two-year period provided 
                for in subsection (2) with the Governor of the State of 
                Oregon; and
                    (B) the Secretary records a declaration of reentry 
                in the office of the county recorder in each of the O&C 
                counties within three months after the filing required 
                under paragraph (A) and prior to January 1, 2050.
            (4) As a condition of reentry pursuant to subsections (2) 
        and (3), the United States shall manage the lands thereafter 
        for permanent timber production for the benefit of local 
        communities, with revenues derived therefrom to be distributed 
        in the same manner provided for by the Act of August 28, 1937 
        (43 U.S.C. 1181a-1181f).
            (5) Unless exercised and perfected sooner pursuant to 
        subsections (2) and (3), the right of reentry shall expire on 
        January 1, 2050.

SEC. 6. NEW MANAGEMENT PLANS.

    (a) If a qualifying resolution of assent has been filed with the 
Secretary as provided in section 5 of this Act, the Secretary of the 
Interior and Secretary of Agriculture shall, not later than January 1, 
2001, commence preparation of amendments to the Northwest Forest Plan 
adopted April 13, 1994, or other Federal land management plans in 
effect as of January 1, 2001, which amendments shall anticipate the 
transfer of land as required by this Act and subsequent State 
management, and which amendments shall become effective on January 1, 
2004 on lands currently under the Northwest Forest Plan that remain in 
Federal ownership on and after January 1, 2004.

SEC. 7. SUSPENSION OF LAWS RENDERED OBSOLETE BY TRANSFER OF RAILROAD 
              GRANT LANDS AND WAGON ROAD GRANT LANDS

    (a) Description of Suspended Laws; Date of Suspension.--Provided 
that the Secretary of Interior has submitted to Congress the notice 
required by section 4(f), the following laws are suspended effective 
January 1, 2004, and are of no further force or effect unless and until 
the right of reentry ripens and vests and title to transferred lands 
reverts to the United States pursuant to section 5(b) of this Act:
            (1) The Act of August 28, 1937 (43 U.S.C. 1181a-1181f).
            (2) The Act of May 24, 1939 (43 U.S.C. 1181f-1181f-4).
            (3) The Act of June 24, 1954 (43 U.S.C. 1181g-1181i), 
        concerning the controverted lands.