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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1629 Enrolled Bill (ENR)]

        S.1629

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 An Act

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    Congress finds that--
        (1) certain parcels of private land located in northeast Oregon 
    are intermingled with land owned by the United States and 
    administered--
            (A) by the Secretary of the Interior as part of the Central 
        Oregon Resource Area in the Prineville Bureau of Land 
        Management District and the Baker Resource Area in the Vale 
        Bureau of Land Management District; and
            (B) by the Secretary of Agriculture as part of the Malheur 
        National Forest, the Wallowa-Whitman National Forest, and the 
        Umatilla National Forest;
        (2) the surface estate of the private land described in 
    paragraph (1) is intermingled with parcels of land that are owned 
    by the United States or contain valuable fisheries and wildlife 
    habitat desired by the United States;
        (3) the consolidation of land ownerships will facilitate sound 
    and efficient management for both public and private lands;
        (4) the improvement of management efficiency through the land 
    tenure adjustment program of the Department of the Interior, which 
    disposes of small isolated tracts having low public resource values 
    within larger blocks of contiguous parcels of land, would serve 
    important public objectives, including--
            (A) the enhancement of public access, aesthetics, and 
        recreation opportunities within or adjacent to designated wild 
        and scenic river corridors;
            (B) the protection and enhancement of habitat for 
        threatened, endangered, and sensitive species within unified 
        landscapes under Federal management; and
            (C) the consolidation of holdings of the Bureau of Land 
        Management and the Forest Service--
                (i) to facilitate more efficient administration, 
            including a reduction in administrative costs to the United 
            States; and
                (ii) to reduce right-of-way, special use, and other 
            permit processing and issuance for roads and other 
            facilities on Federal land;
        (5) time is of the essence in completing a land exchange 
    because further delays may force the identified landowners to 
    construct roads in, log, develop, or sell the private land and 
    thereby diminish the public values for which the private land is to 
    be acquired; and
        (6) it is in the public interest to complete the land exchanges 
    at the earliest practicable date so that the land acquired by the 
    United States can be preserved for--
            (A) protection of threatened and endangered species 
        habitat; and
            (B) permanent public use and enjoyment.

SEC. 3. DEFINITIONS.

    As used in this Act--
        (1) the term ``Clearwater'' means Clearwater Land Exchange--
    Oregon, an Oregon partnership that signed the document entitled 
    ``Assembled Land Exchange Agreement between the Bureau of Land 
    Management and Clearwater Land Exchange--Oregon for the Northeast 
    Oregon Assembled Lands Exchange, OR 51858'', dated October 30, 
    1996, and the document entitled ``Agreement to initiate'' with the 
    Forest Service, dated June 30, 1995, or its successors or assigns;
        (2) the term ``identified landowners'' means private landowners 
    identified by Clearwater and willing to exchange private land for 
    Federal land in accordance with this Act;
        (3) the term ``map'' means the map entitled ``Northeast Oregon 
    Assembled Land Exchange/Triangle Land Exchange'', dated November 5, 
    1999; and
        (4) the term ``Secretary'' means the Secretary of the Interior 
    or the Secretary of Agriculture, as appropriate.

SEC. 4. BLM--NORTHEAST OREGON ASSEMBLED LAND EXCHANGE.

    (a) In General.--Upon the request of Clearwater, on behalf of the 
appropriate identified landowners, the Secretary of the Interior shall 
exchange the Federal lands described in subsection (b) for the private 
lands described in subsection (c), as provided in section 6.
    (b) BLM Lands To Be Conveyed.--The parcels of Federal lands to be 
conveyed by the Secretary to the appropriate identified landowners are 
as follows--
        (1) the parcel comprising approximately 45,824 acres located in 
    Grant County, Oregon, within the Central Oregon Resource Area in 
    the Prineville District of the Bureau of Land Management, as 
    generally depicted on the map;
        (2) the parcel comprising approximately 2,755 acres located in 
    Wheeler County, Oregon, within the Central Oregon Resource Area in 
    the Prineville District of the Bureau of Land Management, as 
    generally depicted on the map;
        (3) the parcel comprising approximately 726 acres located in 
    Morrow County, Oregon, within the Baker Resource Area of the Vale 
    District of Land Management, as generally depicted on the map; and
        (4) the parcel comprising approximately 1,015 acres located in 
    Umatilla County, Oregon, within the Baker Resource Area in the Vale 
    District of the Bureau of Land Management, as generally depicted on 
    the map.
    (c) Private Lands To Be Acquired.--The parcel of private lands to 
be conveyed by the appropriate identified landowners to the Secretary 
are as follows--
        (1) the parcel comprising approximately 31,646 acres located in 
    Grant County, Oregon, within the Central Oregon Resource Area in 
    the Prineville District of the Bureau of Land Management, as 
    generally depicted on the map;
        (2) the parcel comprising approximately 1,960 acres located in 
    Morrow County, Oregon, within the Baker Resource Area in the Vale 
    District of the Bureau of Land Management, as generally depicted on 
    the map; and
        (3) the parcel comprising approximately 10,544 acres located in 
    Umatilla County, Oregon, within the Baker Resource Area in the Vale 
    District of the Bureau of Land Management, as generally depicted on 
    the map.

SEC. 5. FOREST SERVICE--TRIANGLE LAND EXCHANGE.

    (a) In General.--Upon the request of Clearwater, on behalf of the 
appropriate identified landowners, the Secretary of Agriculture shall 
exchange the Federal lands described in subsection (b) for the private 
lands described in subsection (c), as provided in section 6.
    (b) Forest Service Lands To Be Conveyed.--The National Forest 
System lands to be conveyed by the Secretary to the appropriate 
identified landowners comprise approximately 3,901 acres located in 
Grant and Harney Counties, Oregon, within the Malheur National Forest, 
as generally depicted on the map.
    (c) Private Lands To Be Acquired.--The parcels of private lands to 
be conveyed by the appropriate identified landowners to the Secretary 
are as follows--
        (1) the parcel comprising approximately 3,752 acres located in 
    Grant and Harney Counties, Oregon, within the Malheur National 
    Forest, as generally depicted on the map;
        (2) the parcel comprising approximately 1,702 acres located in 
    Baker and Grant Counties, Oregon, within the Wallowa-Whitman 
    National Forest, as generally depicted on the map; and
        (3) the parcel comprising approximately 246 acres located in 
    Grant and Wallowa Counties, Oregon, within or adjacent to the 
    Umatilla National Forest, as generally depicted on the map.

SEC. 6. LAND EXCHANGE TERMS AND CONDITIONS.

    (a) In General.--Except as otherwise provided in this Act, the land 
exchanges implemented by this Act shall be conducted in accordance with 
section 206 of the Federal Land Policy and Management Act (43 U.S.C. 
1716) and other applicable laws.
    (b) Multiple Transactions.--The Secretary of the Interior and the 
Secretary of Agriculture may carry out a single or multiple 
transactions to complete the land exchanges authorized in this Act.
    (c) Completion of Exchanges.--Any land exchange under this Act 
shall be completed not later than 90 days after the Secretary and 
Clearwater reach an agreement on the final appraised values of the 
lands to be exchanged.
    (d) Appraisals.--(1) The values of the lands to be exchanged under 
this Act shall be determined by appraisals using nationally recognized 
appraisal standards, including as appropriate--
        (A) the Uniform Appraisal Standards for Federal Land 
    Acquisitions (1992); and
        (B) the Uniform Standards of Professional Appraisal Practice.
    (2) To ensure the equitable and uniform appraisal of the lands to 
be exchanged under this Act, all appraisals shall determine the best 
use of the lands in accordance with the law of the State of Oregon, 
including use for the protection of wild and scenic river 
characteristics as provided in the Oregon Administrative Code.
    (3)(A) all appraisals of lands to be exchanged under this Act shall 
be completed, reviewed and submitted to the Secretary not later than 90 
days after the date Clearwater requests the exchange.
    (B) Not less than 45 days before an exchange of lands under this 
Act is completed, a comprehensive summary of each appraisal for the 
specific lands to be exchanged shall be available for public inspection 
in the appropriate Oregon offices of the Secretary, for a 15-day 
period.
    (4) After the Secretary approves the final appraised values of any 
parcel of the lands to be conveyed under this Act, the value of such 
parcel shall not be reappraised or updated before the completion of the 
applicable land exchange, except for any adjustments in value that may 
be required under subsection (e)(2).
    (e) Equal Value Land Exchange.--(1)(A) The value of the lands to be 
exchanged under this Act shall be equal, or if the values are not 
equal, they shall be equalized in accordance with section 206(b) of the 
Federal Land Policy and Management Act (43 U.S.C. 1716(b)) or this 
subsection.
    (B) The Secretary shall retain any cash equalization payments 
received under subparagraph (A) to use, without further appropriation, 
to purchase land from willing sellers in the State of Oregon for 
addition to lands under the administration of the Bureau of Land 
Management or the Forest Service, as appropriate.
    (2) If the value of the private lands exceeds the value of the 
Federal lands by 25 percent or more, Clearwater, after consultation 
with the affected identified landowners and the Secretary, shall 
withdraw a portion of the private lands necessary to equalize the 
values of the lands to be exchanged.
    (3) If any of the private lands to be acquired do not include the 
rights to the subsurface estate, the Secretary may reserve the 
subsurface estate in the Federal lands to be exchanged.
    (f) Land Titles.--(1) Title to the private lands to be conveyed to 
the Secretary shall be in a form acceptable to the Secretary.
    (2) The Secretary shall convey all right, title, and interest of 
the United States in the Federal lands to the appropriate identified 
landowners, except to the extent the Secretary reserves the subsurface 
estate under subsection (c)(2).
    (g) Management of Lands.--(1) Lands acquired by the Secretary of 
the Interior under this Act shall be administered in accordance with 
sections 205(c) of the Federal Land Policy and Management Act (43 
U.S.C. 1715(c)), and lands acquired by the Secretary of Agriculture 
shall be administered in accordance with sections 205(d) of such Act 
(43 U.S.C. 1715(d)).
    (2) Lands acquired by the Secretary of the Interior pursuant to 
section 4 which are within the North Fork of the John Day subwatershed 
shall be administered in accordance with section 205(c) of the Federal 
Land Policy and Management Act (43 U.S.C. 1715(c)), but shall be 
managed primarily for the protection of native fish and wildlife 
habitat, and for public recreation. The Secretary may permit other 
authorized uses within the subwatershed if the Secretary determines, 
through the appropriate land use planning process, that such uses are 
consistent with, and do not diminish these management purposes.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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