II

104TH CONGRESS

2D SESSION S. 1662

To establish areas of wilderness and recreation in the State of Oregon,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 29, 1996

Mr. HATFIELD introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To establish areas of wilderness and recreation in the State

of Oregon, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Oregon Resource Con5 servation Act of 1996’’.
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1 TITLE I—OPAL CREEK WILDER2 NESS AND SCENIC RECRE3 ATION AREA

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Opal Creek Wilderness

6 and Opal Creek Scenic Recreation Area Act of 1996’’.

7 SEC. 102. DEFINITIONS.

8 In this title:

9 (1) BULL OF THE WOODS WILDERNESS.—The

10 term ‘‘Bull of the Woods Wilderness’’ means the

11 land designated as wilderness by section 3(4) of the

12 Oregon Wilderness Act of 1984 (Public Law 98–

13 328; 16 U.S.C. 1132 note).

14 (2) IMMEDIATE FAMILY.—The term ‘‘immediate

15 family’’ means, with respect to the owner of record

16 of land or an interest in land, a spouse, sibling, child

17 (whether natural or adopted), stepchild, and any lin18 eal descendant of the owner.

19 (3) OPAL CREEK WILDERNESS.—The term

20 ‘‘Opal Creek Wilderness’’ means certain land in the

21 Willamette National Forest in the State of Oregon

22 comprising approximately 13,212 acres, as generally

23 depicted on the map entitled ‘‘Proposed Opal Creek

24 Wilderness and Scenic Recreation Area’’, dated

25 March 1996.
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1 (4) SCENIC RECREATION AREA.—The term

2 ‘‘Scenic Recreation Area’’ means the Opal Creek

3 Scenic Recreation Area established under section

4 103(a)(3).

5 (5) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of Agriculture.

7 SEC. 103. ESTABLISHMENT OF OPAL CREEK WILDERNESS

8 AND SCENIC RECREATION AREA.

9 (a) ESTABLISHMENT.—On a determination by the

10 Secretary under subsection (b)—

11 (1) the Opal Creek Wilderness shall become a

12 component of the National Wilderness System and

13 shall be known as the Opal Creek Wilderness;

14 (2) the part of the Bull of the Woods Wilder15 ness that is located in the Willamette National For16 est shall be incorporated into the Opal Creek Wilder17 ness; and

18 (3) the Secretary shall establish the Opal Creek

19 Scenic Recreation Area in the Willamette National

20 Forest in the State of Oregon, comprising approxi21 mately 13,013 acres, as generally depicted on the

22 map entitled ‘‘Proposed Opal Creek Wilderness and

23 Scenic Recreation Area’’, dated March 1996.

24 (b) CONDITIONS.—Subsection (a) shall not take ef25 fect unless the Secretary makes a determination, not later
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1 than 2 years after the date of enactment of this Act, that

2 the following have been donated to the United States in

3 an acceptable condition and without encumbrances:

4 (1) All right, title, and interest in the following

5 patented parcels of land:

6 (A) Santiam number 1, mineral survey

7 number 992, as described in patent number 39–

8 92–0002, dated December 11, 1991.

9 (B) Ruth Quartz Mine number 2, mineral

10 survey number 994, as described in patent

11 number 39–91–0012, dated February 12, 1991.

12 (C) Morning Star Lode, mineral survey

13 number 993, as described in patent number 36–

14 91–0011, dated February 12, 1991.

15 (D) Certain land belonging to the Times

16 Mirror Land and Timber Company located in

17 section 18, township 8 south, range 5 east,

18 Marion County, Oregon, Eureka numbers 6, 7,

19 and 8, and 13 patented mining claims.

20 (2) A public easement across the Hewitt, Star21 vation, and Poor Boy Mill Sites, mineral survey

22 number 990, as described in patent number 36–91–

23 0017, dated May 9, 1991, or any alternative route

24 for the easement that may be available.
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1 (c) EXPANSION OF SCENIC RECREATION AREA

2 BOUNDARIES.—On acquiring all or substantially all of the

3 land located in section 36, township 8 south, range 4 east,

4 of the Willamette Meridian, Marion County, Oregon, by

5 exchange, purchase, or donation, the Secretary shall ex6 pand the boundary of the Scenic Recreation Area to in7 clude the land.

8 SEC. 104. ADMINISTRATION OF THE SCENIC RECREATION

9 AREA.

10 (a) IN GENERAL.—The Secretary shall administer

11 the Scenic Recreation Area in accordance with the laws

12 (including regulations) applicable to the National Forest

13 System.

14 (b) MANAGEMENT PLAN.—

15 (1) IN GENERAL.—Not later than 2 years after

16 the date of establishment of the Scenic Recreation

17 Area, the Secretary, in consultation with the advi18 sory committee established under section 105(a),

19 shall prepare a comprehensive management plan for

20 the Scenic Recreation Area.

21 (2) INCORPORATION IN LAND AND RESOURCE

22 MANAGEMENT PLAN.—On completion of the man23 agement plan, the management plan shall become

24 part of the land and resource management plan for

25 the Willamette National Forest and supersede any
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1 conflicting provision in the land and resource man2 agement plan.

3 (3) REQUIREMENTS.—The management plan

4 shall provide a broad range of land uses, including—

5 (A) recreation;

6 (B) harvesting of nontraditional forest

7 products, such as gathering mushrooms and

8 material to make baskets; and

9 (C) educational and research opportunities.

10 (4) PLAN AMENDMENTS.—The Secretary may

11 amend the management plan as the Secretary may

12 determine to be necessary.

13 (c) CULTURAL AND HISTORIC RESOURCE INVEN14 TORY.—

15 (1) IN GENERAL.—Not later than 1 year after

16 the date of establishment of the Scenic Recreation

17 Area, the Secretary shall review and revise the in18 ventory of the cultural and historic resources on the

19 public land in the Scenic Recreation Area that were

20 developed pursuant to the Oregon Wilderness Act of

21 1984 (Public Law 98–328; 98 Stat. 272).

22 (2) INTERPRETATION.—Interpretive activities

23 shall be developed under the management plan in

24 consultation with State and local historic preserva25 tion organizations and shall include a balanced and
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1 factually-based interpretation of the cultural, eco2 logical, and industrial history of forestry and mining

3 in the Scenic Recreation Area.

4 (d) TRANSPORTATION PLANNING.—

5 (1) IN GENERAL.—To maintain access to recre6 ation sites and facilities in existence on the date of

7 enactment of this Act, the Secretary shall prepare a

8 transportation plan for the Scenic Recreation Area

9 that evaluates the road network within the Scenic

10 Recreation Area to determine which roads should be

11 retained and which roads closed.

12 (2) ACCESS BY PERSONS WITH DISABILITIES.—

13 The Secretary, in consultation with private inholders

14 in the Scenic Recreation Area, shall consider the ac15 cess needs of persons with disabilities in preparing

16 the transportation plan for the Scenic Recreation

17 Area.

18 (3) MOTOR VEHICLES.—

19 (A) IN GENERAL.—Except as provided in

20 subparagraph (B) and in the transportation

21 plan under paragraph (1), motorized vehicles

22 shall not be permitted in the Scenic Recreation

23 Area.

24 (B) EXCEPTION.—Forest road 3209 be25 yond the gate to the Scenic Recreation Area, as
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1 depicted on the map described in section

2 103(a)(3), may be used by motorized vehicles

3 for administrative purposes and for access to a

4 private inholding, subject to such terms and

5 conditions as the Secretary may determine to be

6 necessary.

7 (4) ROAD IMPROVEMENT.—Any construction or

8 improvement of forest road 3209 beyond the gate to

9 the Scenic Recreation Area may not include paving

10 or any work beyond 50 feet from the centerline of

11 the road.

12 (e) HUNTING AND FISHING.—

13 (1) IN GENERAL.—Subject to other Federal and

14 State law, the Secretary shall permit hunting and

15 fishing in the Scenic Recreation Area.

16 (2) LIMITATION.—The Secretary may designate

17 zones in which, and establish periods when, no hunt18 ing or fishing shall be permitted for reasons of pub19 lic safety, administration, or public use and enjoy20 ment.

21 (3) CONSULTATION.—Except during an emer22 gency, as determined by the Secretary, the Secretary

23 shall consult with the Oregon State Department of

24 Fish and Wildlife before issuing any regulation

25 under this section.
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1 (f) TIMBER CUTTING.—

2 (1) IN GENERAL.—Subject to paragraph (2),

3 the Secretary shall prohibit the cutting of trees in

4 the Scenic Recreation Area.

5 (2) PERMITTED CUTTING.—

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the Secretary may allow the cutting

8 of trees in the Scenic Recreation Area—

9 (i) for public safety, such as to control

10 the spread of a forest fire in the Scenic

11 Recreation Area or on land adjacent to the

12 Scenic Recreation Area; or

13 (ii) for activities related to adminis14 tration of the Scenic Recreation Area.

15 (B) SALVAGE SALES.—The Secretary may

16 not allow a salvage sale in the Scenic Recre17 ation Area.

18 (g) WITHDRAWAL.—Subject to rights perfected be19 fore the date of enactment of this Act, all land in the Sce20 nic Recreation Area are withdrawn from—

21 (1) any form of entry, appropriation, or dis22 posal under the public land laws;

23 (2) location, entry, and patent under the mining

24 laws; and
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1 (3) disposition under the mineral and geo2 thermal leasing laws.

3 (h) WATER IMPOUNDMENTS.—Notwithstanding the

4 Federal Power Act (16 U.S.C. 791a et seq.), the Federal

5 Energy Regulatory Commission may not license the con6 struction of any dam, water conduit, reservoir, power7 house, transmission line, or other project work in the Sce8 nic Recreation Area.

9 (i) RECREATION.—

10 (1) RECOGNITION.—Congress recognizes recre11 ation as an appropriate use of the Scenic Recreation

12 Area.

13 (2) MINIMUM LEVELS.—The management plan

14 shall accommodate recreation at not less than the

15 levels in existence on the date of enactment of this

16 Act.

17 (3) HIGHER LEVELS.—The management plan

18 may provide for levels of recreation use higher than

19 the levels in existence on the date of enactment of

20 this Act if the levels are consistent with the protec21 tion of resource values.

22 (j) PARTICIPATION.—In order that the knowledge,

23 expertise, and views of all agencies and groups may con24 tribute affirmatively to the most sensitive present and fu-
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1 ture use of the Scenic Recreation Area and its various sub2 areas for the benefit of the public:

3 (1) ADVISORY COUNCIL.—The Secretary shall

4 consult on a periodic and regular basis with the ad5 visory council established under section 105 with re6 spect to matters relating to management of the Sce7 nic Recreation Area.

8 (2) PUBLIC PARTICIPATION.—The Secretary

9 shall seek the views of private groups, individuals,

10 and the public concerning the Scenic Recreation

11 Area.

12 (3) OTHER AGENCIES.—The Secretary shall

13 seek the views and assistance of, and cooperate with,

14 any other Federal, State, or local agency with any

15 responsibility for the zoning, planning, or natural re16 sources of the Scenic Recreation Area.

17 (4) NONPROFIT AGENCIES AND ORGANIZA18 TIONS.—The Secretary shall seek the views of any

19 nonprofit agency or organization that may contrib20 ute information or expertise about the resources and

21 the management of the Scenic Recreation Area.

22 SEC. 105. ADVISORY COUNCIL.

23 (a) ESTABLISHMENT.—On the establishment of the

24 Scenic Recreation Area, the Secretary shall establish an

25 advisory council for the Scenic Recreation Area.
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1 (b) MEMBERSHIP.—The advisory council shall consist

2 of not more than 11 members, of whom—

3 (1) 1 member shall represent Marion County,

4 Oregon, and shall be designated by the governing

5 body of the county;

6 (2) 1 member shall represent the State of Or7 egon and shall be designated by the Governor of Or8 egon; and

9 (3) not more than 8 members shall be ap10 pointed by the Secretary from among persons who,

11 individually or through association with a national or

12 local organization, have an interest in the adminis13 tration of the Scenic Recreation Area, including rep14 resentatives of the timber industry, environmental

15 organizations, and economic development interests.

16 (c) STAGGERED TERMS.—Members of the advisory

17 council shall serve for staggered terms of 3 years.

18 (d) CHAIRMAN.—The Secretary shall designate 1

19 member of the advisory council as chairman.

20 (e) VACANCIES.—The Secretary shall fill a vacancy

21 on the advisory council in the same manner as the original

22 appointment.

23 (f) COMPENSATION.—A member of the advisory

24 council shall not receive any compensation for the mem25 ber’s service to the advisory council.
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1 SEC. 106. GENERAL PROVISIONS.

2 (a) LAND ACQUISITION.—

3 (1) IN GENERAL.—Subject to the other provi4 sions of this subsection, the Secretary may acquire

5 any lands, waters, or interests in land or water in

6 the Scenic Recreation Area or the Opal Creek Wil7 derness that the Secretary determines are needed to

8 carry out this title.

9 (2) PUBLIC LAND.—Any lands, waters, or inter10 ests in land or water owned by a State or a political

11 subdivision of a State may be acquired only by dona12 tion or exchange.

13 (3) CONDEMNATION.—Subject to paragraph

14 (4), the Secretary may not acquire any privately

15 owned land or interest in land without the consent

16 of the owner unless the Secretary finds that—

17 (A) the nature of land use has changed

18 significantly, or the landowner has dem19 onstrated intent to change the land use signifi20 cantly, from the use that existed on the date of

21 the enactment of this Act; and

22 (B) acquisition by the Secretary of the

23 land or interest in land is essential to ensure

24 use of the land or interest in land in accordance

25 with the management plan prepared under sec26 tion 104(b).
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1 (4) RIGHT OF FIRST REFUSAL.—

2 (A) IN GENERAL.—The following privately

3 owned lands, interests in land, and structures

4 may not be disposed of by donation, exchange,

5 sale, or other conveyance without first being of6 fered at not more than fair market value to the

7 Secretary:

8 (i) The lode mining claims known as

9 the Princess Lode, Black Prince Lode, and

10 King Number 4 Lode, embracing portions

11 of sections 29 and 32, township 8 south,

12 range 5 east, Willamette Meridian, Marion

13 County, Oregon, the claims being more

14 particularly described in the field notes

15 and depicted on the plat of mineral survey

16 number 887, Oregon.

17 (ii) Ruth Quartz Mine Number 1,

18 mineral survey number 994, as described

19 in patent number 39–91–0012, dated Feb20 ruary 12, 1991.

21 (B) ACCEPTANCE PERIOD.—The Secretary

22 shall have not less than 120 days in which to

23 accept an offer under subparagraph (A).

24 (C) ACQUISITION.—The Secretary shall

25 have not less than 45 days after the end of the
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1 fiscal year following the fiscal year in which an

2 offer was accepted under subparagraph (B) to

3 acquire the land, interest in land, or structure

4 offered under subparagraph (A).

5 (D) PROHIBITION OF CHEAPER SALES.—

6 Any land, interest in land, or structure offered

7 to the Secretary under subparagraph (A) may

8 not be sold or conveyed at a price below the

9 price at which the land, interest in land, or

10 structure was offered.

11 (E) REOFFER.—

12 (i) IN GENERAL.—Subject to clause

13 (ii), any land, interest in land, or structure

14 offered to the Secretary under subpara15 graph (A) may not be reoffered for sale or

16 conveyance unless the land, interest in

17 land, or structure is first reoffered to the

18 Secretary.

19 (ii) IMMEDIATE FAMILY.—Clause (i)

20 shall not apply to a change in ownership of

21 land, an interest in land, or a structure

22 within the immediate family of the owner

23 of record on January 1, 1996.
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1 (F) PROCEEDS.—The proceeds of any sale

2 to the Secretary under this paragraph may be

3 used only for—

4 (i) trail, road, and bridge mainte5 nance;

6 (ii) elementary, secondary, under7 graduate and graduate level interpretive,

8 research, and educational programs and

9 activities, such as public school field study

10 programs, laboratory studies, workshops,

11 and seminars; and

12 (iii) construction of visitor facilities,

13 such as restrooms, information kiosks, and

14 trail signage.

15 (b) ENVIRONMENTAL RESPONSE ACTIONS AND COST

16 RECOVERY.—

17 (1) RESPONSE ACTIONS.—Nothing in this title

18 shall limit the authority of the Secretary or a re19 sponsible party to conduct an environmental re20 sponse action in the Scenic Recreation Area in con21 nection with the release, threatened release, or clean22 up of a hazardous substance, pollutant, or contami23 nant, including a response action conducted under

24 the Comprehensive Environmental Response, Com-
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1 pensation, and Liability Act of 1980 (42 U.S.C.

2 9601 et seq.).

3 (2) LIABILITY.—Nothing in this title shall limit

4 the authority of the Secretary or a responsible party

5 to recover costs related to the release, threatened re6 lease, or cleanup of any hazardous substance or pol7 lutant or contaminant in the Scenic Recreation

8 Area.

9 (c) MAPS AND DESCRIPTION.—

10 (1) IN GENERAL.—As soon as practicable after

11 the date of enactment of this Act, the Secretary

12 shall file a map and a boundary description for the

13 Opal Creek Wilderness and for the Scenic Recre14 ation Area with the Committee on Resources of the

15 House of Representatives and the Committee on En16 ergy and Natural Resources of the Senate.

17 (2) FORCE AND EFFECT.—The boundary de18 scription and map shall have the same force and ef19 fect as if the description and map were included in

20 this title, except that the Secretary may correct cler21 ical and typographical errors in the boundary de22 scription and map.

23 (3) AVAILABILITY.—The map and boundary de24 scription shall be on file and available for public in-
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1 spection in the Office of the Chief of the Forest

2 Service, Department of Agriculture.

3 SEC. 107. DESIGNATION OF ELKHORN CREEK AS A WILD

4 AND SCENIC RIVER.

5 Section 3(a) of the Wild and Scenic Recreation Rivers

6 Act (16 U.S.C. 1274(a)) is amended by adding at the end

7 the following:

8 ‘‘( ) ELKHORN CREEK.—Elkhorn Creek from its

9 source to its confluence on Federal land, to be adminis10 tered by agencies of the Departments of the Interior and

11 Agriculture as agreed on by the Secretary of the Interior

12 and the Secretary of Agriculture or as directed by the

13 President. Notwithstanding subsection (b), the boundaries

14 of the Elkhorn River shall include an average of not more

15 than 640 acres per mile measured from the ordinary high

16 water mark on both sides of the river.’’.

17 SEC. 108. SAVINGS CLAUSE.

18 Nothing in this title shall—

19 (1) interfere with any activity for which a spe20 cial use permit has been issued (and not revoked)

21 before the date of enactment of this Act, subject to

22 the terms of the permit; or

23 (2) otherwise abridge the valid existing rights of

24 an unpatented mining claimant under the general

25 mining laws of the United States.
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1 TITLE II—UPPER KLAMATH

2 BASIN

3 SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORA4 TION PROJECTS.

5 (a) DEFINITIONS.—In this section:

6 (1) ECOSYSTEM RESTORATION OFFICE.—The

7 term ‘‘Ecosystem Restoration Office’’ means the

8 Klamath Basin Ecosystem Restoration Office oper9 ated cooperatively by the United States Fish and

10 Wildlife Service, Bureau of Reclamation, Bureau of

11 Land Management, and Forest Service.

12 (2) WORKING GROUP.—The term ‘‘Working

13 Group’’ means the Upper Klamath Basin Working

14 Group, established before the date of enactment of

15 this Act, consisting of representatives of the environ16 mental community, Klamath Tribes, water users,

17 local industry, Klamath County, Oregon, the Depart18 ment of Fish and Wildlife of the State of Oregon,

19 the Oregon Institute of Technology, the city of

20 Klamath Falls, Oregon, and the United States Fish

21 and Wildlife Service, Bureau of Reclamation, Bu22 reau of Land Management, Forest Service, Natural

23 Resources Conservation Service, and Ecosystem Res24 toration Office.
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (b) COOPERATIVE AGREEMENT.—

4 (1) IN GENERAL.—The Secretary shall enter

5 into a cooperative agreement with the Working

6 Group under which—

7 (A) the Working Group through the Eco8 system Restoration Office, with technical assist9 ance from the Secretary, will propose ecological

10 restoration projects to be undertaken in the

11 Upper Klamath Basin based on a consensus of

12 interested persons in the community;

13 (B) the Working Group will accept dona14 tions from the public and place the amount of

15 any donations received in a trust fund, to be ex16 pended on the performance of ecological res17 toration projects approved by the Secretary;

18 (C) on continued satisfaction of the condi19 tion stated in subsection (c), the Secretary shall

20 pay not more than 50 percent of the cost of

21 performing any ecological restoration project

22 approved by the Secretary, up to a total

23 amount of $1,000,000 during each of fiscal

24 years 1997 through 2001;
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1 (D) funds made available under this title

2 shall be distributed by the Department of the

3 Interior, the Fish and Wildlife Service, and the

4 Ecosystem Restoration Office;

5 (E) the Ecosystem Restoration Office may

6 utilize not more than 15 percent of all funds

7 administered under this section for administra8 tive costs relating to the implementation of this

9 title; and

10 (F) Federal agencies located in the Upper

11 Klamath Basin, including the Fish and Wildlife

12 Service, Bureau of Reclamation, National Park

13 Service, Forest Service, Natural Resources Con14 servation Service, and Ecosystem Restoration

15 Office shall provide technical assistance to the

16 Working Group and actively participate in

17 Working Group meetings as nonvoting mem18 bers.

19 (c) CONDITIONS.—The conditions stated in this sub20 section are—

21 (1) that the representatives and interested per22 sons on the Working Group on the date of enact23 ment of this Act continue to serve, and in the future

24 consist of not less than—

25 (A) 3 tribal members;
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1 (B) 2 representatives of the city of Klam2 ath Falls, Oregon;

3 (C) 2 representatives of Klamath County,

4 Oregon;

5 (D) 1 representative of institutions of

6 higher education in the Upper Klamath Basin;

7 (E) 4 representatives of the environmental

8 community;

9 (F) 4 representatives of local businesses

10 and industries;

11 (G) 4 representatives of the ranching and

12 farming community;

13 (H) 2 representatives of the State of Or14 egon; and

15 (I) 2 representatives from the local com16 munity; and

17 (2) that the Working Group conduct all meet18 ings consistent with Federal open meeting and pub19 lic participation laws.

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this section

22 $1,000,000 for each of fiscal years 1997 through 2002.

23 SEC. 202. DESCHUTES BASIN RESTORATION PROJECTS.

24 There is hereby authorized the Deschutes Basin

25 Working Group to be constituted in the same manner,
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1 with the same membership, provided with the same appro2 priations and provided with the same ability to offer rec3 ommendations to Federal agencies regarding the expendi4 ture of funds as the Klamath Basin Group.

5 TITLE III—MOUNT HOOD

6 CORRIDOR

7 SEC. 301. LAND EXCHANGE.

8 (a) AUTHORIZATION.—Notwithstanding any other

9 law, if Longview Fibre Company (referred to in this sec10 tion as ‘‘Longview’’) offers and conveys title that is accept11 able to the United States to the land described in sub12 section (b), the Secretary of the Interior (referred to in

13 this section as the ‘‘Secretary’’) shall convey to Longview

14 title to some or all of the land described in subsection (c),

15 as necessary to satisfy the requirements of subsection (d).

16 (b) LAND TO BE OFFERED BY LONGVIEW.—The

17 land referred to in subsection (a) as the land to be offered

18 by Longview is the land described as follows:

(1) T. 2 S., R. 6 E., sec. 13—E1⁄2SW1 19 ⁄4,

W1⁄2SE1 20 ⁄4, containing 160 record acres, more or

21 less;

22 (2) T. 2 S., R. 6 E., sec. 14—All, containing

23 640 record acres, more or less;
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(3) T. 2 S., R. 6 E., sec. 16—N1⁄2, SW1 1 ⁄2,

N1⁄2SE1⁄4, SW1⁄4SE1 2 ⁄2, containing 600 record acres,

3 more or less;

(4) T. 2 S., R. 6 E., sec. 26—NW1 4 ⁄4,

N1⁄2SW1⁄4, SW1⁄4SW1⁄4, NW1⁄4SE1 5 ⁄4; (and a strip of

6 land to be used for right-of-way purposes in sec. 23),

7 containing 320 record acres, more or less;

(5) T. 2 S., R. 6 E., sec. 27—S1⁄2NE1⁄4NE1 8 ⁄4,

NW1⁄4NE1⁄4, SE1⁄4NE1⁄4, NW1⁄4NW1 9 ⁄4, containing

10 140 record acres, more or less;

(6) T. 2 S., R. 6 E., sec. 28—N1 11 ⁄2, Except a

12 tract of land 100 feet square bordering and lying

13 west of Wild Cat Creek and bordering on the north

14 line of Sec. 28, described as follows: Beginning at a

15 point on the west bank of Wild Cat Creek and the

16 north boundary of sec. 28, running thence W. 100

17 feet, thence S. 100 feet parallel with the west bank

18 of Wild Cat Creek, thence E. to the west bank of

19 Wild Cat Creek, thence N. along said bank of Wild

20 Cat Creek to the point of beginning, containing

21 319.77 record acres, more or less;

(7) T. 2 S., R. 7 E., sec. 19—E1⁄2SW1 22 ⁄4,

SW1⁄4SE1 23 ⁄4, Except a tract of land described in deed

24 recorded on August 6, 1991, as Recorder’s Fee No.
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1 91–39007, and except the portion lying within public

2 roads, containing 117.50 record acres, more or less;

(8) T. 2 S., R. 7 E., sec. 20—S1⁄2SW1⁄4SW1 3 ⁄4,

4 containing 20 record acres, more or less;

(9) T. 2 S., R. 7 E., sec. 27—W1⁄2SW1 5 ⁄4, con6 taining 80 record acres, more or less;

(10) T. 2 S., R. 7 E., sec. 28—S1 7 ⁄2, containing

8 320 record acres, more or less;

(11) T. 2 S., R. 7 E., sec. 29—SW1⁄4NE1 9 ⁄4,

W1⁄2SE1⁄4NE1⁄4, NW1⁄4, SE1 10 ⁄4, containing 380

11 record acres, more or less;

(12) T. 2 S., R. 7 E., sec. 30—E1⁄2NE1 12 ⁄4,

NW1⁄2NE1 13 ⁄4, Except the portion lying within Tim14 berline Rim Division 4, and except the portion lying

15 within the county road, containing 115 record acres,

16 more or less;

(13) T. 2 S., R. 7 E., sec. 33—N1⁄2NE1 17 ⁄4,

E1⁄2NW1⁄4NW1⁄4, NE1⁄4SW1⁄4NW1 18 ⁄4, containing 110

19 record acres, more or less;

(14) T. 3 S., R. 5 E., sec. 13—NE1⁄4SE1 20 ⁄4,

21 containing 40 record acres, more or less;

22 (15) T. 3 S., R. 5 E., sec. 25—The portion of

the E1⁄2NE1 23 ⁄4 lying southerly of Eagle Creek and

24 northeasterly of South Fork Eagle Creek, containing

25 14 record acres, more or less;
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1 (16) T. 3 S., R. 5 E., sec. 26—The portion of

the N1⁄2SW1 2 ⁄4 lying northeasterly of South Fork

3 Eagle Creek, containing 36 record acres, more or

4 less; and

(17) T. 6 S., R. 2 E., sec. 4—SW1 5 ⁄4, containing

6 160.00 record acres, more or less.

7 (c) LAND TO BE CONVEYED BY THE SECRETARY.—

8 The land referred to in subsection (a) as the land to be

9 conveyed by the Secretary is the land described as follows:

(1) T. 1 S., R. 5 E., sec. 9—SE1⁄4NE1 10 ⁄4,

SE1⁄4SE1 11 ⁄4, containing 80 record acres, more or less;

(2) T. 2 S., R. 5 E., sec. 33—NE1⁄4NE1 12 ⁄4, con13 taining 40 record acres, more or less;

(3) T. 21 14 ⁄2 S., R. 6 E., sec. 31—Lots 1–4, incl.

15 containing 50.65 record acres, more or less;

(4) T. 21 16 ⁄2 S., R. 6 E., sec. 32—Lots 1–4, incl.

17 containing 60.25 record acres, more or less;

(5) T. 3 S., R. 5 E., sec. 1—NE1⁄4SW1 18 ⁄4,

SE1 19 ⁄4, containing 200 record acres, more or less;

(6) T. 3 S., R. 5 E., sec. 9—S1⁄2SE1 20 ⁄4, contain21 ing 80 record acres, more or less;

(7) T. 3 S., R. 5 E., sec. 17—N1⁄2NE1 22 ⁄4, con23 taining 80 record acres, more or less;
27

•S 1662 IS

(8) T. 3 S., R. 5 E., sec. 23—W1⁄2NW1 1 ⁄4,

NW1⁄4SW1 2 ⁄4, containing 120 record acres, more or

3 less;

4 (9) T. 3 S., R. 5 E., sec. 25—The portion of

the S1⁄2S1 5 ⁄2 lying southwesterly of South Fork Eagle

6 Creek, containing 125 record acres, more or less;

7 (10) T. 3 S., R. 5 E., sec. 31—Unnumbered lot

(SW1⁄4SW1 8 ⁄4), containing 40.33 record acres, more

9 or less;

(11) T. 7 S., R. 1 E., sec. 23—SE1⁄4SE1 10 ⁄4, con11 taining 40 record acres, more or less;

(12) T. 10 S., R. 2 E., sec. 34—SW1⁄4SW1 12 ⁄4,

13 containing 40 record acres, more or less;

(13) T. 10 S., R. 4 E., sec. 9—NW1⁄4NW1 14 ⁄4,

15 containing 40 record acres, more or less;

(14) T. 10 S., R. 4 E., sec. 21—E1⁄2SW1 16 ⁄4,

17 containing 80 record acres, more or less;

(15) T. 4 N., R. 3 W., sec. 35—W1⁄2SW1 18 ⁄4,

19 containing 80 record acres, more or less;

(16) T. 3 N., R. 3 W., sec. 7—E1⁄2NE1 20 ⁄4, con21 taining 80 record acres, more or less;

(17) T. 3 N., R. 3 W., sec. 9—NE1⁄4NE1 22 ⁄4,

23 containing 40 record acres, more or less;

(18) T. 3 N., R. 3 W., sec. 17—S1⁄2NE1 24 ⁄4, con25 taining 80 record acres, more or less; and
28

•S 1662 IS

1 (19) T. 3 N., R. 3 W., sec. 21—Lot 1,

N1⁄2NW1⁄4, SW1⁄4NW1 2 ⁄4, containing 157.99 record

3 acres, more or less.

4 (d) EQUAL VALUE.—The land and interests in land

5 exchanged under this section—

6 (1) shall be of equal market value; or

7 (2) shall be equalized using nationally recog8 nized appraisal standards, including, to the extent

9 appropriate, the Uniform Standards for Federal

10 Land Acquisition, the Uniform Standards of Profes11 sional Appraisal Practice, the provisions of section

12 206(d) of the Federal Land Policy and Management

13 Act of 1976 (43 U.S.C. 1716(d)), and other applica14 ble law.

15 (e) REDESIGNATION OF LAND TO MAINTAIN REVE16 NUE FLOW.—So as to maintain the current flow of reve17 nue from land subject to the Act entitled ‘‘An Act relating

18 to the revested Oregon and California Railroad and

19 reconveyed Coos Bay Wagon Road grant land situated in

20 the State of Oregon’’, approved August 28, 1937 (43

21 U.S.C. 1181a et seq.), the Secretary may redesignate pub22 lic domain land located in and west of Range 9 East, Wil23 lamette Meridian, Oregon, as land subject to that Act.
29

•S 1662 IS

1 (f) TIMETABLE.—The exchange directed by this sec2 tion shall be consummated not later than 2 years after

3 the date of enactment of this Act.

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section.

7 TITLE IV—COQUILLE FOREST

8 ECOSYSTEM MANAGEMENT

9 PLAN

[To be supplied.]

Æ