II 

108TH CONGRESS 

2D SESSION S. 2221

To authorize the Secretary of Agriculture to sell or exchange certain National 

Forest System land in the State of Oregon, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2004

Mr. SMITH (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 authorize the Secretary of Agriculture to sell or exchange 

certain National Forest System land 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 ‘‘Umpqua National For5 est Land Management Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Agriculture. 
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1 (2) STATE.—The term ‘‘State’’ means the State 

2 of Oregon. 

3 (3) UMPQUA MAP.—The term ‘‘Umpqua map’’ 

4 means the map entitled ‘‘Umpqua National Forest 

5 Land Dispositions’’ and dated June 1, 2003. 

6 (4) WILDERNESS MAP.—The term ‘‘Wilderness 

7 map’’ means the map entitled ‘‘Rogue-Umpqua Di8 vide Wilderness Boundary Modification’’ and dated 

9 May 6, 2003. 

10 SEC. 3. SALE OR EXCHANGE OF UMPQUA NATIONAL FOR11 EST ADMINISTRATIVE SITES. 

12 (a) IN GENERAL.—The Secretary may, under any 

13 terms and conditions that the Secretary may prescribe, 

14 sell or exchange any right, title, and interest of the United 

15 States in and to the parcels of National Forest System 

16 land described in subsection (b). 

17 (b) DESCRIPTION OF LAND.—The parcels of Na18 tional Forest System land referred to in subsection (a) 

19 are— 

20 (1) tract UMP–A, the Roseburg Service Center 

21 Administrative Site, Roseburg, Oregon, consisting of 

22 approximately 2.92 acres, and more particularly described as the NE1⁄4NW1 23 ⁄4 portion of T. 27 S., R. 

24 5 W., Sec. 20, Umpqua Meridian, Douglas County, 

25 Oregon, as depicted on the Umpqua map; 
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1 (2) tract UMP–B, the Roseburg Powder House 

2 Administrative Site, Roseburg, Oregon, consisting of 

3 approximately 1.34 acres, and more particularly de4 scribed as T. 27 S., R. 5 W., Sec. 15, Umpqua Me5 ridian, Douglas County, Oregon, as depicted on the 

6 Umpqua map; and 

7 (3) tract UMP–C, the Brown Street Residence 

8 Administrative Site, Glide, Oregon, consisting of ap9 proximately 2.35 acres, and more particularly described as the E1⁄2NW1 10 ⁄4 portion of T. 26 S., R. 3 

11 W., Sec. 19, Umpqua Meridian, Douglas County, 

12 Oregon, as depicted on the Umpqua map. 

13 (c) MAP AND LEGAL DESCRIPTIONS.—

14 (1) IN GENERAL.—Until the date on which the 

15 parcels of land are sold or exchanged under sub16 section (a), the Umpqua map shall be on file and 

17 available for public inspection in the office of the 

18 Chief of the Forest Service. 

19 (2) MODIFICATIONS.—The Secretary may mod20 ify the Umpqua map and legal descriptions to—

21 (A) correct technical errors; or 

22 (B) to facilitate the conveyance under sub23 section (a). 
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1 (d) CONSIDERATION.—Consideration for the sale or 

2 exchange of land described in subsection (b) may be in 

3 the form of—

4 (1) cash; 

5 (2) land; or 

6 (3) other consideration, including the construc7 tion of improvements on the land in accordance with 

8 the specifications of the Secretary. 

9 (e) SOLICITATIONS OF OFFERS.—

10 (1) IN GENERAL.—Subject to any terms and 

11 conditions that the Secretary may prescribe, the Sec12 retary may solicit offers for the sale or exchange of 

13 land under this Act. 

14 (2) REJECTION OF OFFERS.—The Secretary 

15 may reject any offer received under this section if 

16 the Secretary determines that the offer is not—

17 (A) adequate; or 

18 (B) in the public interest. 

19 (f) METHODS OF SALE.—

20 (1) IN GENERAL.—The Secretary may sell the 

21 land described in subsection (b) at public or private 

22 sale (including auction), in accordance with such 

23 terms, conditions, and procedures that the Secretary 

24 determines to be appropriate. 
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1 (2) BROKERS.—In any sale or exchange of land 

2 described in subsection (b), the Secretary may—

3 (A) use a real estate broker; and 

4 (B) pay the real estate broker a commis5 sion in an amount comparable to the amounts 

6 of commission generally paid for real estate 

7 transactions in the area. 

8 (g) VALUATION.—If the Secretary determines that an 

9 appraisal is appropriate for a sale or exchange of land 

10 under this Act, the appraisal shall be conducted in accord11 ance with the Uniform Appraisal Standards for Federal 

12 Land Acquisitions. 

13 (h) EQUALIZATION OF VALUES.—Notwithstanding 

14 section 206(b) of the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1716(b)), the Secretary may 

16 accept a cash equalization payment in excess of 25 percent 

17 of the value of any Federal land exchanged under this Act. 

18 (i) DISPOSITION OF PROCEEDS.—

19 (1) IN GENERAL.—The Secretary shall deposit 

20 the net proceeds from a sales or exchange of land 

21 under this Act in the fund established under Public 

22 Law 90–171 (commonly known as the ‘‘Sisk Act’’) 

23 (16 U.S.C. 484a).
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1 (2) USE.—Amounts deposited under paragraph 

2 (1) shall be available to the Secretary, without fur3 ther appropriation, for—

4 (A) the acquisition of land and interests in 

5 land in the Umpqua National Forest in the 

6 State; 

7 (B) the reimbursement of costs incurred by 

8 the Secretary in carrying out a sale or exchange 

9 of land under this Act, including the payment 

10 of real estate broker commissions under sub11 section (e)(2); and 

12 (C) the acquisition or rehabilitation of ex13 isting facilities or construction of new facilities 

14 in Umpqua National Forest in the State. 

15 (3) LIMITATION.—Funds deposited under para16 graph (1) shall not—

17 (A) be paid or distributed to States or 

18 counties under any provision of law; or 

19 (B) be considered to be money received 

20 from units of the National Forest System for 

21 purposes of—

22 (i) the Act of May 23, 1908 (16 

23 U.S.C. 500); or 

24 (ii) the Act of March 4, 1913 (16 

25 U.S.C. 501). 
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1 (j) WITHDRAWALS AND REVOCATION OF PUBLIC

2 LAND ORDERS.—

3 (1) WITHDRAWAL.—Subject to valid existing 

4 rights, all land described in subsection (b) is with5 drawn from location, entry, and patent under the 

6 public land laws, mining laws, and mineral leasing 

7 laws of the United States (including geothermal 

8 leasing laws). 

9 (2) REVOCATION OF PUBLIC LAND ORDERS.—

10 The Secretary shall revoke any public land orders in 

11 existence on the date of enactment of this Act that 

12 withdraw the land from all forms of appropriation 

13 under the public land laws, to the extent that the or14 ders apply to the land described in subsection (b). 

15 SEC. 4. WILDERNESS BOUNDARY ADJUSTMENT. 

16 (a) BOUNDARY ADJUSTMENT.—The Rogue-Umpqua 

17 Divide wilderness boundary, as established by the Oregon 

18 Wilderness Act of 1984 (Public Law 98–328) and ap19 proved by the Forest Service on May 4, 1987, is adjusted 

20 as depicted on the Wilderness map and described as fol21 lows: 

22 (1) Beginning at T. 30 S., R. 3 E., Willamette 

23 Base and Meridian, from Angle Point 927 of the 

24 legal boundary description monumented with a 2 
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1 inch diameter brass cap, set in cement, marked 

2 ‘‘USDA FOREST SERVICE AP 927 2001’’. 

3 (2) Thence North 63°39′34′′ East, 3700.00 feet 

4 to new Angle Point 927B. 

5 (3) Thence South 84°20′00′′ East, 360.00 feet 

6 to new Angle Point 927C. 

7 (4) Thence on a line northeasterly, approxi8 mately 330 feet, to original Angle Point 928, which 

is monumented with a 11 9 ⁄2 inch diameter aluminum 

10 cap, on a 5/8 diameter rod driven flush with the 

11 ground, marked ‘‘AP 928 1999’’. 

12 (5) Thence North 23°00′00′′ West, 175.00 feet 

13 to new Angle Point 928A. 

14 (6) Thence on a line northeasterly, 1260 feet, 

15 more or less, to original Angle Point 929, which is 

16 described in the legal boundary description as ‘‘A 

17 high point on a ridge’’ in Section 7, T. 30 S., R. 3 

18 E., W.M., with an elevation of approximately 4150 

19 feet. 

20 (b) MAP.—

21 (1) IN GENERAL.—The Wilderness map shall be 

22 on file and available for public inspection in the of23 fice of the Chief of the Forest Service. 

24 (2) TECHNICAL CORRECTIONS.—The Secretary 

25 may correct technical errors in—
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1 (A) the Wilderness map; and 

2 (B) the legal descriptions. 

3 SEC. 5. APPLICABLE LAW. 

4 (a) IN GENERAL.—Land transferred or otherwise ac5 quired by the Secretary under this Act shall be managed 

6 in accordance with the Act of March 1, 1911 (commonly 

7 known as the ‘‘Weeks Act’’) (16 U.S.C. 480 et seq.), and 

8 the other laws (including regulations) relating to the Na9 tional Forest System. 

10 (b) EXEMPTION FROM PROPERTY MANAGEMENT

11 REGULATIONS.—Part 1955 of title 7, Code of Federal 

12 Regulations (or a successor regulation), shall not apply to 

13 any sale or exchange of National Forest System land 

14 under this Act. 

15 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this Act.

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