II

106TH CONGRESS

1ST SESSION S. 1629

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

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’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 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
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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.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) certain parcels of private land located in

4 northeast Oregon are intermingled with land owned

5 by the United States and administered—

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

7 of the Central Oregon Resource Area in the

8 Prineville Bureau of Land Management District

9 and the Baker Resource Area in the Vale Bu10 reau of Land Management District; and

11 (B) by the Secretary of Agriculture as part

12 of the Malheur National Forest, the Wallowa13 Whitman National Forest, and the Umatilla

14 National Forest;

15 (2) the surface estate of the private land de16 scribed in paragraph (1) is intermingled with parcels

17 of land that—

18 (A) are owned by the United States; or
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1 (B) contain valuable fisheries and wildlife

2 habitat desired by the United States;

3 (3) the intermingled land ownership pattern of

4 the land described in paragraph (1) has frustrated

5 sound and efficient land management on private

6 land and Federal land by complicating fish and wild7 life habitat management, watershed protection,

8 recreation use, establishment of access, timber har9 vest, boundary administration, and protection and

10 management of threatened and endangered species;

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

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

13 harvest restrictions associated with the land, frus14 trate the efforts of private landowners to meet their

15 individual property management objectives;

16 (5) the improvement of management efficiency

17 through the land tenure adjustment program of the

18 Department of the Interior, which disposes of small

19 isolated tracts within larger blocks of contiguous

20 parcels of land, would serve important public objec21 tives, including—

22 (A) the enhancement of public access, aes23 thetics, and recreation opportunities within or

24 adjacent to designated wild and scenic river cor25 ridors;
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1 (B) the protection and enhancement of

2 habitat for threatened, endangered, and sen3 sitive species within unified landscapes under

4 Federal management; and

5 (C) the consolidation of holdings of the

6 Bureau of Land Management and the Forest

7 Service—

8 (i) to facilitate more efficient adminis9 tration, including a reduction in adminis10 trative costs to the United States; and

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

12 and other permit processing and issuance

13 for roads and other facilities on Federal

14 land;

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

16 exchange because further delays may force the iden17 tified landowners to construct roads in, log, develop,

18 or sell the private land and thereby diminish the

19 public values for which the private land is to be ac20 quired; and

21 (7) it is in the public interest to complete the

22 land exchanges at the earliest practicable date so

23 that the land acquired by the United States can be

24 preserved for—
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1 (A) protection of threatened and endan2 gered species habitat; and

3 (B) permanent public use and enjoyment.

4 SEC. 3. DEFINITIONS.

5 In this Act:

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

7 means Clearwater Land Exchange-Oregon, an Or8 egon partnership, or its successors or assigns.

9 (2) IDENTIFIED LANDOWNERS.—The term

10 ‘‘identified landowners’’ means private landowners

11 identified by Clearwater and willing to exchange pri12 vate land for Federal land under title I or title II.

13 (3) MAP.—The term ‘‘map’’ means the map en14 titled ‘‘Northeast Oregon Assembled Land Ex15 change/Triangle Land Exchange’’, dated August 27,

16 1999.

17 SEC. 4. AVAILABILITY OF MAP.

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

19 inspection in the appropriate offices of the Secretary of

20 the Interior or the Secretary of Agriculture.

21 TITLE I—BUREAU OF LAND

22 MANAGEMENT

23 SEC. 101. SHORT TITLE.

24 This title may be cited as the ‘‘Northeast Oregon As25 sembled Land Exchange Act of 1999’’.
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1 SEC. 102. DEFINITIONS.

2 In this title:

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

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

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

6 the Secretary of the Interior, acting through the Di7 rector of the Bureau of Land Management.

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

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

10 SEC. 103. LAND EXCHANGE.

11 (a) OFFERED LAND.—

12 (1) IN GENERAL.—The exchange under sub13 section (b) shall be conditioned on the conveyance by

14 the appropriate identified landowners of title accept15 able to the Secretary to the parcels of land described

16 in paragraph (2).

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

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

19 (A) The parcel comprising approximately

20 31,646 acres and located within the exterior

21 boundaries of Central Oregon Resource Area in

22 the Prineville Bureau of Land Management

23 Districts, and the exterior boundaries of Grant

24 County, Oregon, as generally depicted on the

25 map.
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1 (B) The parcel comprising approximately

2 1,960 acres and located within the exterior

3 boundaries of Baker Resource Area in the Vale

4 Bureau of Land Management District, and the

5 exterior boundaries of Morrow County, Oregon,

6 as generally depicted on the map.

7 (C) The parcel comprising approximately

8 10,544 acres and located within the exterior

9 boundaries of Baker Resource Area in the Vale

10 Bureau of Land Management District, and the

11 exterior boundaries of Umatilla County, Or12 egon, as generally depicted on the map.

13 (b) SELECTED LAND.—

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

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

16 shall convey to the appropriate identified land17 owners, subject to valid existing rights, all right,

18 title, and interest of the United States, to the par19 cels of land described in paragraph (2).

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

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

22 (A) A parcel in the Central Oregon Re23 source Area in the Prineville Bureau of Land

24 Management District, within the exterior

25 boundaries of Grant County, Oregon, and com-
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1 prising approximately 45,824 acres, as gen2 erally depicted on the map.

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

5 Management District, within the exterior

6 boundaries of Wheeler County, Oregon, and

7 comprising approximately 2,755 acres, as gen8 erally depicted on the map.

9 (C) A parcel in the Baker Resource Area

10 in the Vale Bureau of Land Management Dis11 trict, within the exterior boundaries of Morrow

12 County, Oregon, and comprising approximately

13 766 acres, as generally depicted on the map.

14 (D) A parcel in the Baker Resource Area

15 in the Vale Bureau of Land Management Dis16 trict, within the exterior boundaries of Umatilla

17 County, Oregon, and comprising approximately

18 1,139 acres, as generally depicted on the map.

19 TITLE II—FOREST SERVICE

20 SEC. 201. SHORT TITLE.

21 This title may be cited as the ‘‘Triangle Land Ex22 change Act of 1999’’.

23 SEC. 202. DEFINITIONS.

24 In this title:
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1 (1) OFFERED LAND.—The term ‘‘offered land’’

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

3 conveyed into the public ownership of the United

4 States.

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

6 the Secretary of Agriculture.

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

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

9 SEC. 203. LAND EXCHANGE.

10 (a) OFFERED LAND.—

11 (1) IN GENERAL.—The exchange under sub12 section (b) shall be conditioned on the conveyance by

13 the identified landowners of title acceptable to the

14 Secretary to parcels of land described in paragraph

15 (2).

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

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

18 (A) The parcel comprising approximately

19 3,752 acres and located within the exterior

20 boundaries of the Malheur National Forest, Or21 egon, as generally depicted on the map.

22 (B) The parcel comprising approximately

23 1,702 acres and located within or adjacent to

24 the exterior boundaries of the Wallowa-Whit-
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1 man National Forest, Oregon, as generally de2 picted on the map.

3 (C) The parcel comprising approximately

4 246 acres and located within or adjacent to the

5 exterior boundaries of the Umatilla National

6 Forest, Oregon, as generally depicted on the

7 map.

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

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

10 convey to the appropriate identified landowners, subject

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

12 United States, including the surface and subsurface inter13 ests, to the parcels land administered on the date of enact14 ment of this title by the as part of the Malheur National

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

16 generally depicted on the map.

17 TITLE III—EQUITABLE

18 EXCHANGE

19 SEC. 301. EXCHANGE VALUATION, APPRAISALS, AND

20 EQUALIZATION.

21 (a) IN GENERAL.—

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

23 the term ‘‘Secretary’’ means—

24 (A) the Secretary of the Interior, with re25 spect to the land exchange under title I; and
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1 (B) the Secretary of Agriculture, with re2 spect to the land exchange under title II.

3 (2) APPLICABILITY.—Any exchange of land de4 scribed in titles I and II—

5 (A) may be accomplished in a single trans6 action or in phases; and

7 (B) shall be subject to the requirements

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

9 (b) EQUAL VALUE EXCHANGE.—

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

11 land and the selected land—

12 (A) shall be equal; or

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

14 equalized in accordance with subsection (e).

15 (2) APPRAISALS.—

16 (A) IN GENERAL.—The values of the of17 fered land and the selected land shall be deter18 mined by appraisals using nationally recognized

19 appraisal standards, including, as appropriate—

20 (i) the Uniform Appraisal Standards

21 for Federal Land Acquisitions (1992);

22 (ii) the Uniform Standards of Profes23 sional Appraisal Practice;
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1 (iii) section 206(d) of the Federal

2 Land Policy and Management Act of 1976

3 (43 U.S.C. 1716(d)); and

4 (iv) the Federal Land Exchange Fa5 cilitation Act (43 U.S.C. 1701 note).

6 (B) APPROVAL.—

7 (i) IN GENERAL.—Not later than 90

8 days after the date of enactment of this

9 Act, all appraisals of land conveyed under

10 sections 103 and 203 shall be completed

11 and submitted to the Secretary for ap12 proval.

13 (ii) SUMMARY.—During the period be14 ginning 45 days before and ending 30 days

15 before the date on which deeds for land

16 conveyed under sections 103 and 203 are

17 exchanged, a comprehensive summary of

18 each appraisal described under clause (i)

19 shall be made available for public inspec20 tion in the offices of—

21 (I) in the case of appraisals of

22 land for the purposes of title I, the

23 area managers for the Central Oregon

24 Area in the Prineville Bureau of Land

25 Management District, the Baker Re-
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1 source Area in the Vale Bureau of

2 Land Management District; and

3 (II) in the case of appraisals of

4 land for purposes of title II, the forest

5 supervisors of the Malheur National

6 Forest, the Wallowa-Whitman Na7 tional Forest, and the Umatilla Na8 tional Forest.

9 (C) RESOLUTION OF DISAGREEMENT.—In

10 the case of a dispute concerning an appraisal or

11 appraisal issue that arises under this Act, the

12 appraisal or appraisal issue in dispute shall be

13 resolved in accordance with section 206(d) of

14 the Federal Land Policy and Management Act

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

16 (c) APPRAISAL DETERMINATIONS.—To ensure the

17 equitable and uniform appraisal of the land conveyed

18 under sections 103 and 203, all appraisals shall determine

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

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

21 wild and scenic river characteristics as provided in the Or22 egon Administrative Code.

23 (d) APPRAISAL PERIOD.—After the Secretary ap24 proves the final appraised values of any portion of the land

25 conveyed under section 103 or 203, or otherwise deter-
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1 mines the value of the land under section 206(d) of the

2 Federal Land Policy and Management Act of 1976 (43

3 U.S.C. 1716(d)), the value of the land shall not be re4 appraised or updated before completion of the land ex5 change, except for any adjustments in value as may be

6 required under subsection (e).

7 (e) EQUALIZATION OF SURPLUS.—

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

9 final appraised value of the selected land exceeds the

10 final appraised value of the offered land, the appro11 priate identified landowners shall equalize the value

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

13 States, subject to the 25 percent limitation under

14 section 206(b) of the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1716(d)).

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

17 final appraised value of the offered land exceeds the

18 final appraised value of the selected land by 25 per19 cent or more, Clearwater, after consultation with the

20 affected identified landowners and the Secretary,

21 shall withdraw from the exchange a portion of the

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

23 which the value of the offered land exceeds the value

24 of the selected land.
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1 (f) USE OF PROCEEDS BY THE SECRETARY.—The

2 amount of any cash equalization payment received by the

3 Secretary under subsection (e)—

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

5 (2) may be used by the Secretary, without fur6 ther Act of appropriation, to purchase land from

7 willing sellers in the State of Oregon for addition to

8 land under the administration of the Bureau of

9 Land Management or Forest Service, as the case

10 may be.

11 SEC. 302. ADMINISTRATION.

12 (a) STATUS OF LAND AFTER EXCHANGE.—

13 (1) LAND ACQUIRED BY THE SECRETARY.—

14 (A) IN GENERAL.—

15 (i) DEPARTMENT OF THE INTE16 RIOR.—Land acquired by the Secretary

17 under title I shall be added, as determined

18 appropriate by the Secretary, to—

19 (I) the Central Oregon Area in

20 the Prineville District of the Bureau

21 of Land Management; or

22 (II) the Baker Resource Area in

23 the Vale District of the Bureau of

24 Land Management.
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1 (ii) DEPARTMENT OF AGRI2 CULTURE.—Land acquired by the Sec3 retary under title II shall be added, as de4 termined appropriate by the Secretary,

5 to—

6 (I) the Malheur National Forest;

7 (II) the Wallowa-Whitman Na8 tional Forest; or

9 (III) the Umatilla National For10 est.

11 (B) MODIFICATION OF BOUNDARIES.—If

12 any of the land acquired under this title lies

13 outside the exterior boundary of an area de14 scribed in subparagraph (A) to which the land

15 is to be added, the Secretary shall modify the

16 boundary of the appropriate area to include the

17 land.

18 (C) MANAGEMENT.—

19 (i) BUREAU OF LAND MANAGE20 MENT.—Land acquired by the Secretary

21 under title I shall be managed in accord22 ance with laws (including regulations) ap23 plicable to the management of public land

24 under the administration of the Bureau of

25 Land Management.
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1 (ii) FOREST SERVICE.—Land acquired

2 by the Secretary under title II shall be

3 managed in accordance with laws (includ4 ing regulations) applicable to the National

5 Forest System.

6 (2) LAND ACQUIRED BY IDENTIFIED LAND7 OWNERS.—Land acquired by an identified landowner

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

9 extent that the patent by which conveyance is made

10 to an individual landowner contains a specific res11 ervation.

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

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

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

15 landowners, makes the Secretary an offer to exchange

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

17 the identified landowners agree to extend the completion

18 date.

19 (c) WITHDRAWAL OF SELECTED LAND.—

20 (1) IN GENERAL.—Effective until the date de21 scribed in paragraph (2), Congress withdraws from

22 all forms of entry and appropriation under the pub23 lic land laws (including the mining laws) any parcel

24 of selected land—
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1 (A) with respect to which such a with2 drawal by the Secretary has not been made be3 fore the date of enactment of this Act; or

4 (B) with respect to which such a with5 drawal that the Secretary has made expires be6 fore the date described in paragraph (2).

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

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

9 described in this paragraph is the date on which—

10 (A) the parcel is deleted from the exchange

11 under section 103 or 203; or

12 (B) the land exchange under section 103

13 or 203 is completed.

Æ