II

Calendar No. 467

106TH CONGRESS

2D SESSION S. 1629

[Report No. 106–248]

To provide for the exchange of certain land in the State of Oregon.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 23 (legislative day, SEPTEMBER 22), 1999

Mr. SMITH of Oregon (for himself and Mr. WYDEN) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

MARCH 22, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the exchange of certain land in the State

of Oregon.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Oregon Land Exchange Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Availability of map.

TITLE I—BUREAU OF LAND MANAGEMENT

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. Land exchange.

TITLE II—FOREST SERVICE

Sec. 201. Short title.

Sec. 202. Definitions.

Sec. 203. Land exchange.

TITLE III—EQUITABLE EXCHANGE

Sec. 301. Exchange valuation, appraisals, and equalization.

Sec. 302. Administration.

3 SEC. 2. FINDINGS.

4 Congress finds that—

5 (1) certain parcels of private land located in

6 northeast Oregon are intermingled with land owned

7 by the United States and administered—

8 (A) by the Secretary of the Interior as part

9 of the Central Oregon Resource Area in the

10 Prineville Bureau of Land Management District

11 and the Baker Resource Area in the Vale Bu12 reau of Land Management District; and

13 (B) by the Secretary of Agriculture as part

14 of the Malheur National Forest, the Wallowa15 Whitman National Forest, and the Umatilla

16 National Forest;
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1 (2) the surface estate of the private land de2 scribed in paragraph (1) is intermingled with parcels

3 of land that—

4 (A) are owned by the United States; or

5 (B) contain valuable fisheries and wildlife

6 habitat desired by the United States;

7 (3) the intermingled land ownership pattern of

8 the land described in paragraph (1) has frustrated

9 sound and efficient land management on private

10 land and Federal land by complicating fish and wild11 life habitat management, watershed protection,

12 recreation use, establishment of access, timber har13 vest, boundary administration, and protection and

14 management of threatened and endangered species;

15 (4) the blocks of private land within the areas

16 described in paragraph (1), and the land use and

17 harvest restrictions associated with the land, frus18 trate the efforts of private landowners to meet their

19 individual property management objectives;

20 (5) the improvement of management efficiency

21 through the land tenure adjustment program of the

22 Department of the Interior, which disposes of small

23 isolated tracts within larger blocks of contiguous

24 parcels of land, would serve important public objec25 tives, including—
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1 (A) the enhancement of public access, aes2 thetics, and recreation opportunities within or

3 adjacent to designated wild and scenic river cor4 ridors;

5 (B) the protection and enhancement of

6 habitat for threatened, endangered, and sen7 sitive species within unified landscapes under

8 Federal management; and

9 (C) the consolidation of holdings of the

10 Bureau of Land Management and the Forest

11 Service—

12 (i) to facilitate more efficient adminis13 tration, including a reduction in adminis14 trative costs to the United States; and

15 (ii) to reduce right-of-way, special use,

16 and other permit processing and issuance

17 for roads and other facilities on Federal

18 land;

19 (6) time is of the essence in completing a land

20 exchange because further delays may force the iden21 tified landowners to construct roads in, log, develop,

22 or sell the private land and thereby diminish the

23 public values for which the private land is to be ac24 quired; and
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1 (7) it is in the public interest to complete the

2 land exchanges at the earliest practicable date so

3 that the land acquired by the United States can be

4 preserved for—

5 (A) protection of threatened and endan6 gered species habitat; and

7 (B) permanent public use and enjoyment.

8 SEC. 3. DEFINITIONS.

9 In this Act:

10 (1) CLEARWATER.—The term ‘‘Clearwater’’

11 means Clearwater Land Exchange-Oregon, an Or12 egon partnership, or its successors or assigns.

13 (2) IDENTIFIED LANDOWNERS.—The term

14 ‘‘identified landowners’’ means private landowners

15 identified by Clearwater and willing to exchange pri16 vate land for Federal land under title I or title II.

17 (3) MAP.—The term ‘‘map’’ means the map en18 titled ‘‘Northeast Oregon Assembled Land Ex19 change/Triangle Land Exchange’’, dated August 27,

20 1999.

21 SEC. 4. AVAILABILITY OF MAP.

22 The map shall be kept on file and available for public

23 inspection in the appropriate offices of the Secretary of

24 the Interior or the Secretary of Agriculture.
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1 TITLE I—BUREAU OF LAND

2 MANAGEMENT

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Northeast Oregon As5 sembled Land Exchange Act of 1999’’.

6 SEC. 102. DEFINITIONS.

7 In this title:

8 (1) OFFERED LAND.—The term ‘‘offered land’’

9 means the land described in section 103(a).

10 (2) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior, acting through the Di12 rector of the Bureau of Land Management.

13 (3) SELECTED LAND.—The term ‘‘selected

14 land’’ means land described in section 103(b).

15 SEC. 103. LAND EXCHANGE.

16 (a) OFFERED LAND.—

17 (1) IN GENERAL.—The exchange under sub18 section (b) shall be conditioned on the conveyance by

19 the appropriate identified landowners of title accept20 able to the Secretary to the parcels of land described

21 in paragraph (2).

22 (2) LAND DESCRIPTION.—The parcels of land

23 referred to in paragraph (1) are as follows:

24 (A) The parcel comprising approximately

25 31,646 acres and located within the exterior
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1 boundaries of Central Oregon Resource Area in

2 the Prineville Bureau of Land Management

3 Districts, and the exterior boundaries of Grant

4 County, Oregon, as generally depicted on the

5 map.

6 (B) The parcel comprising approximately

7 1,960 acres and located within the exterior

8 boundaries of Baker Resource Area in the Vale

9 Bureau of Land Management District, and the

10 exterior boundaries of Morrow County, Oregon,

11 as generally depicted on the map.

12 (C) The parcel comprising approximately

13 10,544 acres and located within the exterior

14 boundaries of Baker Resource Area in the Vale

15 Bureau of Land Management District, and the

16 exterior boundaries of Umatilla County, Or17 egon, as generally depicted on the map.

18 (b) SELECTED LAND.—

19 (1) IN GENERAL.—On receipt of acceptable title

20 to the land described in subsection (a), the Secretary

21 shall convey to the appropriate identified land22 owners, subject to valid existing rights, all right,

23 title, and interest of the United States, to the par24 cels of land described in paragraph (2).
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1 (2) LAND DESCRIPTION.—The parcels of land

2 referred to in paragraph (1) are as follows:

3 (A) A parcel in the Central Oregon Re4 source Area in the Prineville Bureau of Land

5 Management District, within the exterior

6 boundaries of Grant County, Oregon, and com7 prising approximately 45,824 acres, as gen8 erally depicted on the map.

9 (B) A parcel in the Central Oregon Re10 source Area in the Prineville Bureau of Land

11 Management District, within the exterior

12 boundaries of Wheeler County, Oregon, and

13 comprising approximately 2,755 acres, as gen14 erally depicted on the map.

15 (C) A parcel in the Baker Resource Area

16 in the Vale Bureau of Land Management Dis17 trict, within the exterior boundaries of Morrow

18 County, Oregon, and comprising approximately

19 766 acres, as generally depicted on the map.

20 (D) A parcel in the Baker Resource Area

21 in the Vale Bureau of Land Management Dis22 trict, within the exterior boundaries of Umatilla

23 County, Oregon, and comprising approximately

24 1,139 acres, as generally depicted on the map.
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1 TITLE II—FOREST SERVICE

2 SEC. 201. SHORT TITLE.

3 This title may be cited as the ‘‘Triangle Land Ex4 change Act of 1999’’.

5 SEC. 202. DEFINITIONS.

6 In this title:

7 (1) OFFERED LAND.—The term ‘‘offered land’’

8 means the land described in section 203(a) to be

9 conveyed into the public ownership of the United

10 States.

11 (2) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of Agriculture.

13 (3) SELECTED LAND.—The term ‘‘selected

14 land’’ means land described in section 203(b).

15 SEC. 203. LAND EXCHANGE.

16 (a) OFFERED LAND.—

17 (1) IN GENERAL.—The exchange under sub18 section (b) shall be conditioned on the conveyance by

19 the identified landowners of title acceptable to the

20 Secretary to parcels of land described in paragraph

21 (2).

22 (2) LAND DESCRIPTION.—The parcels of land

23 referred to in paragraph (1) are as follows:

24 (A) The parcel comprising approximately

25 3,752 acres and located within the exterior
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1 boundaries of the Malheur National Forest, Or2 egon, as generally depicted on the map.

3 (B) The parcel comprising approximately

4 1,702 acres and located within or adjacent to

5 the exterior boundaries of the Wallowa-Whit6 man National Forest, Oregon, as generally de7 picted on the map.

8 (C) The parcel comprising approximately

9 246 acres and located within or adjacent to the

10 exterior boundaries of the Umatilla National

11 Forest, Oregon, as generally depicted on the

12 map.

13 (b) SELECTED LAND.—On receipt of acceptable title

14 to the land described in subsection (a), the Secretary shall

15 convey to the appropriate identified landowners, subject

16 to valid existing rights, all right, title, and interest of the

17 United States, including the surface and subsurface inter18 ests, to the parcels land administered on the date of enact19 ment of this title by the as part of the Malheur National

20 Forest, Oregon, comprising approximately 3,901 acres, as

21 generally depicted on the map.
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1 TITLE III—EQUITABLE

2 EXCHANGE

3 SEC. 301. EXCHANGE VALUATION, APPRAISALS, AND

4 EQUALIZATION.

5 (a) IN GENERAL.—

6 (1) DEFINITION OF SECRETARY.—In this title,

7 the term ‘‘Secretary’’ means—

8 (A) the Secretary of the Interior, with re9 spect to the land exchange under title I; and

10 (B) the Secretary of Agriculture, with re11 spect to the land exchange under title II.

12 (2) APPLICABILITY.—Any exchange of land de13 scribed in titles I and II—

14 (A) may be accomplished in a single trans15 action or in phases; and

16 (B) shall be subject to the requirements

17 described in subsections (b) through (f).

18 (b) EQUAL VALUE EXCHANGE.—

19 (1) IN GENERAL.—The values of the offered

20 land and the selected land—

21 (A) shall be equal; or

22 (B) if the values are not equal, shall be

23 equalized in accordance with subsection (e).

24 (2) APPRAISALS.—
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1 (A) IN GENERAL.—The values of the of2 fered land and the selected land shall be deter3 mined by appraisals using nationally recognized

4 appraisal standards, including, as appropriate—

5 (i) the Uniform Appraisal Standards

6 for Federal Land Acquisitions (1992);

7 (ii) the Uniform Standards of Profes8 sional Appraisal Practice;

9 (iii) section 206(d) of the Federal

10 Land Policy and Management Act of 1976

11 (43 U.S.C. 1716(d)); and

12 (iv) the Federal Land Exchange Fa13 cilitation Act (43 U.S.C. 1701 note).

14 (B) APPROVAL.—

15 (i) IN GENERAL.—Not later than 90

16 days after the date of enactment of this

17 Act, all appraisals of land conveyed under

18 sections 103 and 203 shall be completed

19 and submitted to the Secretary for ap20 proval.

21 (ii) SUMMARY.—During the period be22 ginning 45 days before and ending 30 days

23 before the date on which deeds for land

24 conveyed under sections 103 and 203 are

25 exchanged, a comprehensive summary of
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1 each appraisal described under clause (i)

2 shall be made available for public inspec3 tion in the offices of—

4 (I) in the case of appraisals of

5 land for the purposes of title I, the

6 area managers for the Central Oregon

7 Area in the Prineville Bureau of Land

8 Management District, the Baker Re9 source Area in the Vale Bureau of

10 Land Management District; and

11 (II) in the case of appraisals of

12 land for purposes of title II, the forest

13 supervisors of the Malheur National

14 Forest, the Wallowa-Whitman Na15 tional Forest, and the Umatilla Na16 tional Forest.

17 (C) RESOLUTION OF DISAGREEMENT.—In

18 the case of a dispute concerning an appraisal or

19 appraisal issue that arises under this Act, the

20 appraisal or appraisal issue in dispute shall be

21 resolved in accordance with section 206(d) of

22 the Federal Land Policy and Management Act

23 of 1976 (43 U.S.C. 1716(d)).

24 (c) APPRAISAL DETERMINATIONS.—To ensure the

25 equitable and uniform appraisal of the land conveyed
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1 under sections 103 and 203, all appraisals shall determine

2 the best use of the land in accordance with the law of

3 the State of Oregon, including use for the protection of

4 wild and scenic river characteristics as provided in the Or5 egon Administrative Code.

6 (d) APPRAISAL PERIOD.—After the Secretary ap7 proves the final appraised values of any portion of the land

8 conveyed under section 103 or 203, or otherwise deter9 mines the value of the land under section 206(d) of the

10 Federal Land Policy and Management Act of 1976 (43

11 U.S.C. 1716(d)), the value of the land shall not be re12 appraised or updated before completion of the land ex13 change, except for any adjustments in value as may be

14 required under subsection (e).

15 (e) EQUALIZATION OF SURPLUS.—

16 (1) GREATER SELECTED LAND VALUE.—If the

17 final appraised value of the selected land exceeds the

18 final appraised value of the offered land, the appro19 priate identified landowners shall equalize the value

20 of the land by making a cash payment to the United

21 States, subject to the 25 percent limitation under

22 section 206(b) of the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1716(d)).

24 (2) GREATER OFFERED LAND VALUE.—If the

25 final appraised value of the offered land exceeds the
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1 final appraised value of the selected land by 25 per2 cent or more, Clearwater, after consultation with the

3 affected identified landowners and the Secretary,

4 shall withdraw from the exchange a portion of the

5 offered land that is at least equal to the amount by

6 which the value of the offered land exceeds the value

7 of the selected land.

8 (f) USE OF PROCEEDS BY THE SECRETARY.—The

9 amount of any cash equalization payment received by the

10 Secretary under subsection (e)—

11 (1) shall be retained by the Secretary; and

12 (2) may be used by the Secretary, without fur13 ther Act of appropriation, to purchase land from

14 willing sellers in the State of Oregon for addition to

15 land under the administration of the Bureau of

16 Land Management or Forest Service, as the case

17 may be.

18 SEC. 302. ADMINISTRATION.

19 (a) STATUS OF LAND AFTER EXCHANGE.—

20 (1) LAND ACQUIRED BY THE SECRETARY.—

21 (A) IN GENERAL.—

22 (i) DEPARTMENT OF THE INTE23 RIOR.—Land acquired by the Secretary

24 under title I shall be added, as determined

25 appropriate by the Secretary, to—
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1 (I) the Central Oregon Area in

2 the Prineville District of the Bureau

3 of Land Management; or

4 (II) the Baker Resource Area in

5 the Vale District of the Bureau of

6 Land Management.

7 (ii) DEPARTMENT OF AGRI8 CULTURE.—Land acquired by the Sec9 retary under title II shall be added, as de10 termined appropriate by the Secretary,

11 to—

12 (I) the Malheur National Forest;

13 (II) the Wallowa-Whitman Na14 tional Forest; or

15 (III) the Umatilla National For16 est.

17 (B) MODIFICATION OF BOUNDARIES.—If

18 any of the land acquired under this title lies

19 outside the exterior boundary of an area de20 scribed in subparagraph (A) to which the land

21 is to be added, the Secretary shall modify the

22 boundary of the appropriate area to include the

23 land.

24 (C) MANAGEMENT.—
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1 (i) BUREAU OF LAND MANAGE2 MENT.—Land acquired by the Secretary

3 under title I shall be managed in accord4 ance with laws (including regulations) ap5 plicable to the management of public land

6 under the administration of the Bureau of

7 Land Management.

8 (ii) FOREST SERVICE.—Land acquired

9 by the Secretary under title II shall be

10 managed in accordance with laws (includ11 ing regulations) applicable to the National

12 Forest System.

13 (2) LAND ACQUIRED BY IDENTIFIED LAND14 OWNERS.—Land acquired by an identified landowner

15 under this Act shall be private land, except to the

16 extent that the patent by which conveyance is made

17 to an individual landowner contains a specific res18 ervation.

19 (b) TIMING.—The land exchanges under sections 103

20 and 203 shall be completed not later than 90 days after

21 the date on which Clearwater, on behalf of the identified

22 landowners, makes the Secretary an offer to exchange

23 under section 103(a) or 203(a), unless the Secretary and

24 the identified landowners agree to extend the completion

25 date.
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1 (c) WITHDRAWAL OF SELECTED LAND.—

2 (1) IN GENERAL.—Effective until the date de3 scribed in paragraph (2), Congress withdraws from

4 all forms of entry and appropriation under the pub5 lic land laws (including the mining laws) any parcel

6 of selected land—

7 (A) with respect to which such a with8 drawal by the Secretary has not been made be9 fore the date of enactment of this Act; or

10 (B) with respect to which such a with11 drawal that the Secretary has made expires be12 fore the date described in paragraph (2).

13 (2) DATE DESCRIBED.—With respect to any

14 parcel of land described in paragraph (1), the date

15 described in this paragraph is the date on which—

16 (A) the parcel is deleted from the exchange

17 under section 103 or 203; or

18 (B) the land exchange under section 103

19 or 203 is completed.

20 SECTION 1. SHORT TITLE.

21 This Act may be cited as the ‘‘Oregon Land Exchange

22 Act of 2000’’.

23 SEC. 2. FINDINGS.

24 Congress finds that—
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1 (1) certain parcels of private land located in

2 northeast Oregon are intermingled with land owned

3 by the United States and administered—

4 (A) by the Secretary of the Interior as part

5 of the Central Oregon Resource Area in the

6 Prineville Bureau of Land Management District

7 and the Baker Resource Area in the Vale Bureau

8 of Land Management District; and

9 (B) by the Secretary of Agriculture as part

10 of the Malheur National Forest, the Wallowa11 Whitman National Forest, and the Umatilla Na12 tional Forest;

13 (2) the surface estate of the private land de14 scribed in paragraph (1) is intermingled with parcels

15 of land that are owned by the United States or con16 tain valuable fisheries and wildlife habitat desired by

17 the United States;

18 (3) the consolidation of land ownerships will fa19 cilitate sound and efficient management for both pub20 lic and private lands;

21 (4) the improvement of management efficiency

22 through the land tenure adjustment program of the

23 Department of the Interior, which disposes of small

24 isolated tracts having low public resource values with-
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1 in larger blocks of contiguous parcels of land, would

2 serve important public objectives, including—

3 (A) the enhancement of public access, aes4 thetics, and recreation opportunities within or

5 adjacent to designated wild and scenic river cor6 ridors;

7 (B) the protection and enhancement of habi8 tat for threatened, endangered, and sensitive spe9 cies within unified landscapes under Federal

10 management; and

11 (C) the consolidation of holdings of the Bu12 reau of Land Management and the Forest

13 Service—

14 (i) to facilitate more efficient adminis15 tration, including a reduction in adminis16 trative costs to the United States; and

17 (ii) to reduce right-of-way, special use,

18 and other permit processing and issuance

19 for roads and other facilities on Federal

20 land;

21 (5) time is of the essence in completing a land

22 exchange because further delays may force the identi23 fied landowners to construct roads in, log, develop, or

24 sell the private land and thereby diminish the public
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1 values for which the private land is to be acquired;

2 and

3 (6) it is in the public interest to complete the

4 land exchanges at the earliest practicable date so that

5 the land acquired by the United States can be pre6 served for—

7 (A) protection of threatened and endangered

8 species habitat; and

9 (B) permanent public use and enjoyment.

10 SEC. 3. DEFINITIONS.

11 As used in this Act—

12 (1) the term ‘‘Clearwater’’ means Clearwater

13 Land Exchange—Oregon, an Oregon partnership that

14 signed the document entitled ‘‘Assembled Land Ex15 change Agreement between the Bureau of Land Man16 agement and Clearwater Land Exchange—Oregon for

17 the Northeast Oregon Assembled Lands Exchange, OR

18 51858,’’ dated October 30, 1996, and the document

19 entitled ‘‘Agreement to initiate’’ with the Forest Serv20 ice, dated June 30, 1995, or its successors or assigns;

21 (2) the term ‘‘identified landowners’’ means pri22 vate landowners identified by Clearwater and willing

23 to exchange private land for Federal land in accord24 ance with this Act;
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1 (3) the term ‘‘map’’ means the map entitled

2 ‘‘Northeast Oregon Assembled Land Exchange/Tri3 angle Land Exchange’’, dated November 5, 1999; and

4 (4) the term ‘‘Secretary’’ means the Secretary of

5 the Interior or the Secretary of Agriculture, as appro6 priate.

7 SEC. 4. BLM—NORTHEAST OREGON ASSEMBLED LAND EX8 CHANGE.

9 (a) IN GENERAL.—Upon the request of Clearwater, on

10 behalf of the appropriate identified landowners, the Sec11 retary of the Interior shall exchange the Federal lands de12 scribed in subsection (b) for the private lands described in

13 subsection (c), as provided in section 6.

14 (b) BLM LANDS TO BE CONVEYED.—The parcels of

15 Federal lands to be conveyed by the Secretary to the appro16 priate identified landowners are as follows:

17 (1) the parcel comprising approximately 45,824

18 acres located in Grant County, Oregon, within the

19 Central Oregon Resource Area in the Prineville Dis20 trict of the Bureau of Land Management, as generally

21 depicted on the map;

22 (2) the parcel comprising approximately 2,755

23 acres located in Wheeler County, Oregon, within the

24 Central Oregon Resource Area in the Prineville Dis-
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1 trict of the Bureau of Land Management, as generally

2 depicted on the map;

3 (3) the parcel comprising approximately 726

4 acres located in Morrow Country, Oregon, within the

5 Baker Resource Area of the Vale District of Land

6 Management, as generally depicted on the map; and

7 (4) the parcel comprising approximately 1,015

8 acres located in Umatilla County, Oregon, within the

9 Baker Resource Area in the Vale District of the Bu10 reau of Land Management, as generally depicted on

11 the map.

12 (c) PRIVATE LANDS TO BE ACQUIRED.—The parcel of

13 private lands to be conveyed by the appropriate identified

14 landowners to the Secretary are as follows:

15 (1) the parcel comprising approximately 31,646

16 acres located in Grant County, Oregon, within the

17 Central Oregon Resource Area in the Prineville Dis18 trict of the Bureau of Land Management, as generally

19 depicted on the map;

20 (2) the parcel comprising approximately 1,960

21 acres located in Morrow County, Oregon, within the

22 Baker Resource Area in the Vale District of the Bu23 reau of Land Management, as generally depicted on

24 the map; and
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1 (3) the parcel comprising approximately 10,544

2 acres located in Umatilla County, Oregon, within the

3 Baker Resource Area in the Vale District of the Bu4 reau of Land Management, as generally depicted on

5 the map.

6 SEC. 5. FOREST SERVICE—TRIANGLE LAND EXCHANGE.

7 (a) IN GENERAL.—Upon the request of Clearwater, on

8 behalf of the appropriate identified landowners, the Sec9 retary of Agriculture shall exchange the Federal lands de10 scribed in subsection (b) for the private lands described in

11 subsection (c), as provided in section 6.

12 (b) FOREST SERVICE LANDS TO BE CONVEYED.—The

13 National Forest System lands to be conveyed by the Sec14 retary to the appropriate identified landowners comprise

15 approximately 3,901 acres located in Grant and Harney

16 Counties, Oregon, within the Malheur National Forest, as

17 generally depicted on the map.

18 (c) PRIVATE LANDS TO BE ACQUIRED.—The parcels

19 of private lands to be conveyed by the appropriate identified

20 landowners to the Secretary are as follows:

21 (1) the parcel comprising approximately 3,752

22 acres located in Grant and Harney Counties, Oregon,

23 within the Malheur National Forest, as generally de24 picted on the map;
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1 (2) the parcel comprising approximately 1,702

2 acres located in Baker and Grant Counties, Oregon,

3 within the Wallowa-Whitman National Forest, as

4 generally depicted on the map; and

5 (3) the parcel comprising approximately 246

6 acres located in Grant and Wallowa Counties, Or7 egon, within or adjacent to the Umatilla National

8 Forest, as generally depicted on the map.

9 SEC. 6. LAND EXCHANGE TERMS AND CONDITIONS.

10 (a) IN GENERAL.—Except as otherwise provided in

11 this Act, the land exchanges implemented by this Act shall

12 be conducted in accordance with section 206 of the Federal

13 Land Policy and Management Act (43 U.S.C. 1716) and

14 other applicable laws.

15 (b) MULTIPLE TRANSACTIONS.—The Secretary of the

16 Interior and the Secretary of Agriculture may carry out

17 a single or multiple transactions to complete the land ex18 changes authorized in this Act.

19 (c) COMPLETION OF EXCHANGES.—Any land exchange

20 under this Act shall be completed not later than 90 days

21 after the Secretary and Clearwater reach an agreement on

22 the final appraised values of the lands to be exchanged.

23 (d) APPRAISALS.—The values of the lands to be ex24 changed under this Act shall be determined by appraisals
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1 using nationally recognized appraisal standards, including

2 as appropriate—

3 (A) the Uniform Appraisal Standards for Fed4 eral Land Acquisitions (1992); and

5 (B) the Uniform Standards of Professional Ap6 praisal Practice.

7 (2) To ensure the equitable and uniform appraisal of

8 the lands to be exchanged under this Act, all appraisals

9 shall determine the best use of the lands in accordance with

10 the law of the State of Oregon, including use for the protec11 tion of wild and scenic river characteristics as provided in

12 the Oregon Administrative Code.

13 (3)(A) all appraisals of lands to be exchanged under

14 this Act shall be completed, reviewed and submitted to the

15 Secretary not later than 90 days after the date Clearwater

16 requests the exchange.

17 (B) Not less than 45 days before an exchange of lands

18 under this Act is completed, a comprehensive summary of

19 each appraisal for the specific lands to be exchanged shall

20 be available for public inspection in the appropriate Oregon

21 offices of the Secretary, for a 15-day period.

22 (4) After the Secretary approves the final appraised

23 values of any parcel of the lands to be conveyed under this

24 Act, the value of such parcel shall not be reappraised or

25 updated before the completion of the applicable land ex-
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1 change, except for any adjustments in value that may be

2 required under subsection (e)(2).

3 (e) EQUAL VALUE LAND EXCHANGE.—(1)(A) The

4 value of the lands to be exchanged under this Act shall be

5 equal, or if the values are not equal, they shall be equalized

6 in accordance with section 206(b) of the Federal Land Pol7 icy and Management Act (43 U.S.C. 1716(b)) of this sub8 section.

9 (B) The Secretary shall retain any cash equalization

10 payments received under subparagraph (A) to use, without

11 further appropriation, to purchase land from willing sellers

12 in the State of Oregon for addition to lands under the ad13 ministration of the Bureau of Land Management or the

14 Forest Service, as appropriate.

15 (2) If the value of the private lands exceeds the value

16 of the Federal lands by 25 percent or more, Clearwater,

17 after consultation with the affected identified landowners

18 and the Secretary, shall withdraw a portion of the private

19 lands necessary to equalize the values of the lands to be ex20 changed.

21 (3) If any of the private lands to be acquired do not

22 include the rights to the subsurface estate, the Secretary

23 may reserve the subsurface estate in the Federal lands to

24 be exchanged.
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1 (f) LAND TITLES.—(1) Title to the private lands to

2 be conveyed to the Secretary shall be in a form acceptable

3 to the Secretary.

4 (2) The Secretary shall convey all right, title, and in5 terest of the United States in the Federal lands to the appro6 priate identified landowners, except to the extent the Sec7 retary reserves the subsurface estate under subsection (c)(2).

8 (g) MANAGEMENT OF LANDS.—(1) Lands acquired by

9 Secretary of the Interior under this Act shall be adminis10 tered in accordance with sections 205(c) of the Federal

11 Land Policy and Management Act (43 U.S.C. 1715(c)), and

12 lands acquired by the Secretary of Agriculture shall be ad13 ministered in accordance with sections 205(d) of such Act

14 (43 U.S.C. 1715(d)).

15 (2) Lands acquired by the Secretary of the Interior

16 pursuant to section 4 which are within the North Fork of

17 the John Day subwatershed shall be administered in accord18 ance with section 205(c) of the Federal Land Policy and

19 Management Act (43 U.S.C. 1715(c)), but shall be managed

20 primarily for the protection of native fish and wildlife habi21 tat, and for public recreation. The Secretary may permit

22 other authorized uses within the subwatershed if the Sec23 retary determines, through the appropriate land use plan24 ning process, that such uses are consistent with, and do not

25 diminish these management purposes.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

3 may be necessary to carry out this Act.
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1
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1
Calendar No. 467

106TH CONGRESS

2D SESSION S. 1629

[Report No. 106–248]

A BILL

To provide for the exchange of certain land in the

State of Oregon.

MARCH 22, 2000

Reported with an amendment