II 

109TH CONGRESS 

1ST SESSION S. 741 

To provide for the disposal of certain Forest Service administrative sites 

in the State of Oregon, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2005 

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 provide for the disposal of certain Forest Service administrative sites 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 National For5 est Administrative Site Disposal Act’’. 

6 SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, NATIONAL 

7 FOREST SYSTEM LANDS, OREGON. 

8 (a) CONVEYANCE AUTHORITY.—The Secretary of 

9 Agriculture (in this section referred to as the ‘‘Secretary’’) 
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1 may sell or exchange, under such terms and conditions 

2 as the Secretary may prescribe, any or all right, title, and 

3 interest of the United States in and to the following Na4 tional Forest System lands and improvements thereon lo5 cated in the Rogue River, Siskiyou, Siuslaw, Umpqua, and 

6 Willamette National Forests in the State of Oregon: 

7 (1) TRACT ROR-A.—Star Gulch Complex, Jack8 sonville, Oregon, consisting of approximately 2.25 

9 acres in the north half of section 28, township 39 

10 south, range 3 west, Willamette meridian, and con11 taining the Star Gulch complex buildings of the Ap12 plegate Ranger District. 

13 (2) TRACT ROR-B.—Butte Falls Houses, Butte 

14 Falls, Oregon, consisting of approximately 0.50 

15 acres in the S1/2NE1/4 of section 10, township 35 

16 south, range 2 east, Willamette meridian, and con17 taining those Forest lands in the Butte Falls Ranger 

18 District associated with Butte Falls Houses. 

19 (3) TRACT SIS-A.—Old Agness Guard Station, 

20 Agness, Oregon, consisting of approximately 2.5 

21 acres in the SE1/4, NE1/4, Lot 14, of section 7, 

22 township 35 south, range 11 west, Willamette merid23 ian, and containing those Forest lands in the Gold 

24 Beach Ranger District and associated administrative 

25 buildings at the Old Agness Guard Station. 
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1 (4) TRACT SIS-B.—Chetco Ranger District 

2 Housing Complex, Brookings, Oregon, consisting of 

3 approximately 1.5 acres in the SW1/4, Block 29, of 

4 section 5, township 41 south, range 13 west, Wil5 lamette meridian, and containing the Chetco Ranger 

6 District and the associated housing complex. 

7 (5) TRACT SIS-C.—Daycare center on Wallace 

8 Street in Gold Beach, Oregon, consisting of approxi9 mately 0.25 acres. 

10 (6) TRACT SIS-D.—Powers South Work Center, 

11 Powers, Oregon, consisting of approximately 1.59 

12 acres in the east 1/2 of section 13, township 31 

13 south, range 12 west, Willamette meridian, and con14 taining the South Compound site and associated ad15 ministrative buildings. 

16 (7) TRACT SIU-B.—Gardiner Administrative 

17 Site, Gardiner, Oregon, consisting of approximately 

18 3.4 acres in the NW1/4NE1/4 of section 22, town19 ship 21 south, range 12 west, Willamette meridian, 

20 and containing the Gardiner Administrative Site and 

21 the associated administrative buildings. 

22 (8) TRACT SIU-C.—Waldport Administrative 

23 Site, Waldport, Oregon, consisting of approximately 

24 6.65 acres in the SW1/4SW1/4 of section 19, town25 ship 13 south, range 11 west, and the SE1/4SE1/ 
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1 4 of section 24, township 13 south, range 12 west, 

2 Willamette meridian, and containing the Waldport 

3 Administrative Site and the associated administra4 tive buildings. 

5 (9) TRACT UMP-A.—Roseburg Service Center 

6 Administrative Site, Roseburg, Oregon, consisting of 

approximately 2.92 acres in the NE1⁄4NW1 7 ⁄4 of sec8 tion 20, township 27 south, range 5 west, Willam9 ette meridian. 

10 (10) TRACT UMP-B.—Roseburg Powder House 

11 Administrative Site, Roseburg, Oregon, consisting of 

12 approximately 1.34 acres in section 15, township 27 

13 south, range 5 west, Willamette meridian. 

14 (11) TRACT UMP-C.—Brown Street Residence 

15 Administrative Site, Glide, Oregon, consisting of approximately 2.35 acres in the E1⁄2NW1 16 ⁄4 of section 

17 19, township 26 south, range 3 west, Willamette me18 ridian. 

19 (12) TRACT WIL-A.—Blue River Administrative 

20 Site, Blue River, Oregon, consisting of approxi21 mately 31.91 acres in the SW1/4S1/2 of section 28, 

22 township 16 south, range 4 east, Willamette merid23 ian, and containing the upper portion of the Blue 

24 River Ranger District Compound and the associated 

25 administrative buildings. 
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1 (13) TRACT WIL-B.—Hemlock Houses, Westfir, 

2 Oregon, consisting of approximately 6 acres in sec3 tion 12, township 21 south, range 2 east, Willamette 

4 meridian, and containing those lands in Lot 2 asso5 ciated with the Hemlock Houses. 

6 (14) TRACT WIL-C.—Flat Creek Administrative 

7 Site, Oakridge, Oregon, consisting of approximately 

8 45 acres in the NW1/4 of section 14, township 21 

9 south, range 3 east, Willamette meridian, and con10 taining the Rigdon Ranger District Compound and 

11 the associated administrative buildings. 

12 (15) TRACT WIL-D.—Subject to section 3, 

13 Rigdon Administrative Site, Oakridge, Oregon, con14 sisting of approximately 15 acres in the NE1/4NE1/ 

15 4 of section 21, township 21 south, range 3 east, 

16 Willamette meridian, and containing the Rigdon 

17 Ranger District Compound and the associated ad18 ministrative buildings. 

19 (16) TRACT WIL-F.—Cascadia Administrative 

20 Site, Sweet Home, Oregon, consisting of approxi21 mately 15 acres in the SE1/4 of section 36, town22 ship 13 south, range 2 east, Willamette meridian, 

23 and containing the Cascadia Administrative Site and 

24 the associated administrative buildings. 
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1 (17) TRACT WIL-H.—Residence at 19 Osage 

2 Street, Sweet Home, Oregon, consisting of approxi3 mately .07 acres. 

4 (18) TRACT WIL-I.—Residence at 940 3rd Ave5 nue, Sweet Home, Oregon, consisting of approxi6 mately 1.4 acres. 

7 (19) TRACT WIL-J.—Residence at 175 Haw8 thorne Street, Sweet Home, Oregon, consisting of 

9 approximately .21 acres. 

10 (20) TRACT WIL-K.—Residence at 565 Parkside 

11 Drive, Mill City, Oregon, consisting of approximately 

12 .30 acres. 

13 (21) TRACT WIL-L.—Residence at 571 Parkside 

14 Drive, Mill City, Oregon, consisting of approximately 

15 .30 acres. 

16 (22) TRACT WIL-M.—Residence at 610 Parkside 

17 Drive, Mill City, Oregon, consisting of approximately 

18 .30 acres. 

19 (23) TRACT WIL-N.—Residence at 658 Parkside 

20 Drive, Mill City, Oregon, consisting of approximately 

21 .33 acres. 

22 (24) TRACT WIL-O.—Willamette National For23 est Warehouse Administrative Site, Eugene, Oregon, 

24 consisting of approximately 2.4 acres in the NW1/ 

25 4SE1/4 of section 25, township 17 south, range 4 
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1 west, Willamette meridian, and containing the Wil2 lamette National Forest Warehouse Administrative 

3 Site and the associated administrative buildings. 

4 (25) TRACT WIL-P.—Westfir Residences, 

5 Westfir, Oregon, consisting of approximately 20 

6 acres in the NW1/4SW1/4 of section 8, township 21 

7 south, range 3 east, Willamette meridian, and con8 taining those lands associated with the Westfir Resi9 dences of a community nature. 

10 (b) MAPS AND CORRECTION AUTHORITY.—The lands 

11 described in subsection (a) (other than in paragraphs (9), 

12 (10), and (11) of such subsection) are depicted on maps 

13 entitled ‘‘Oregon Land Dispositions’’ and dated June 30, 

14 2003. The lands described in paragraphs (9), (10), and 

15 (11) of such subsection, Tracts UMP-A, UMP-B, and 

16 UMP-C, are depicted on the map entitled ‘‘Umpqua Na17 tional Forest Land Dispositions’’ and dated June 1, 2003. 

18 The maps shall be on file and available for public inspec19 tion in the office of the Chief of the Forest Service until 

20 such time as the lands are conveyed. The Secretary may 

21 make minor corrections to the maps and may modify the 

22 descriptions in subsection (a) to correct errors or to recon23 figure the lands to facilitate their conveyance. 

24 (c) CONSIDERATION.— 
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1 (1) AUTHORIZED CONSIDERATION.—Consider2 ation for the conveyance of land described in sub3 section (a) may include cash, land, including land 

4 with improvements constructed to the specifications 

5 of the Secretary, or a combination thereof. 

6 (2) CONVEYANCES TO PUBLIC ENTITIES.—The 

7 Secretary may convey, without consideration, to the 

8 State of Oregon or a local government for public 

9 purposes any or all right, title and interest of the 

10 United States in and to land described in subsection 

11 (a). The conveyance of land without consideration 

12 under this paragraph shall be subject to such terms, 

13 conditions, and restrictions as the Secretary con14 siders appropriate, and the Secretary shall include in 

15 the deed of conveyance a right of the United States 

16 to reenter and take title to the land if the land is 

17 sold or conveyed to another party or is devoted to 

18 a use other than the use for which the land was con19 veyed. 

20 (3) RIGHT OF FIRST REFUSAL.—In the case of 

21 the land described in paragraph (24) of subsection 

22 (a), Tract WIL-O, the Secretary shall grant the Eu23 gene Mission the first right to acquire the land in 

24 a direct sale for market value. 

25 (d) CONVEYANCE METHODS.— 
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1 (1) IN GENERAL.—The Secretary may convey 

2 land under subsection (a) at public or private sale, 

3 including competitive sale by auction, bid, or other4 wise, in accordance with such terms, conditions, and 

5 procedures as the Secretary determines will be in the 

6 best interests of the United States. 

7 (2) SOLICITATIONS OF OFFERS.—The Secretary 

8 may solicit offers for the conveyance of land under 

9 subsection (a) on such terms and conditions as the 

10 Secretary considers appropriate. The Secretary may 

11 reject any offer if the Secretary determines that the 

12 offer is not adequate or not in the public interest. 

13 (3) USE OFBROKERS.—The Secretary may use 

14 real estate brokers in the conveyance of lands under 

15 subsection (a), and may pay appropriate commis16 sions commensurate with the prevailing rates in the 

17 area. 

18 (4) RELATION TO OTHER CONVEYANCE AU19 THORITY.—In the case of the lands described in 

20 paragraphs (17) through (23) of subsection (a), 

21 Tracts WIL-H through WIL-N, the Secretary may 

22 convey the lands using the authority provided by this 

23 section or using the pilot disposal authority other24 wise available to the Secretary. 
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1 (e) VALUATION.—Any appraisal considered necessary 

2 by the Secretary to convey land described in subsection 

3 (a) shall conform to the Uniform Appraisal Standards for 

4 Federal Land Acquisitions. 

5 (f) CASH EQUALIZATION PAYMENTS.—Notwith6 standing any other provision of law, the Secretary may 

7 accept a cash equalization payment in excess of 25 percent 

8 of the value of any land conveyed by exchange under au9 thority of subsection (a). 

10 (g) DEPOSIT AND TREATMENT OF PROCEEDS.—The 

11 Secretary shall deposit the proceeds from the conveyance 

12 of the land described in subsection (a) in the fund estab13 lished under Public Law 90–171 (commonly known as the 

14 ‘‘Sisk Act’’; 16 U.S.C. 484a). No portion of the proceeds 

15 may be paid or distributed to the State of Oregon or a 

16 county in the State under any provision of law, and the 

17 proceeds are not moneys received from the National For18 est for any purpose. 

19 (h) USE OF DEPOSITED FUNDS.— 

20 (1) AUTHORIZED USES.—Funds deposited pur21 suant to subsection (g) shall be available to the Sec22 retary, without further appropriation and until ex23 pended, for the following purposes: 
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1 (A) The acquisition of land and interests 

2 in land for inclusion in a unit of the National 

3 Forest System specified in subsection (a). 

4 (B) The payment or reimbursement of 

5 costs incurred by the Forest Service in proc6 essing and arranging conveyances under this 

7 section, including the payment of real estate 

8 broker commissions authorized under subsection 

9 (d). 

10 (C) The acquisition or construction of new 

11 facilities, or the rehabilitation of existing facili12 ties, in a unit of the National Forest System 

13 specified in subsection (a). 

14 (2) LAND ACQUISITION.—The use of the land 

15 acquisition authority provided by paragraph (1)(A) 

16 is subject to the following conditions: 

17 (A) The amount available for expenditure 

18 in each unit of the National Forest System re19 ferred to in subsection (a) shall be equal to the 

20 amount derived from the conveyance of land de21 scribed in such subsection in that unit, reduced 

22 by any costs incurred by the Forest Service in 

23 processing those conveyances. 

24 (B) Funds derived from conveyances under 

25 this section may be used for the acquisition of 
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1 lands and interests in land in other units of the 

2 National Forest System in Oregon if the Re3 gional Forester for Region 6 agrees to such use. 

4 (3) ADMINISTRATION OFLANDS ACQUIRED BY

5 THE UNITED STATES.—Lands acquired by the Sec6 retary under this subsection or acquired by exchange 

7 under this section shall be managed in accordance 

8 with the Act of March 1, 1911 (commonly known as 

9 the Weeks Act; 16 U.S.C. 480 et seq.), and other 

10 laws and regulations pertaining to the National For11 est System. 

12 (i) DEPARTMENTAL REGULATIONS.—The Agri13 culture Property Management Regulations shall not apply 

14 to any action taken pursuant to this section. 

15 (j) WITHDRAWALS AND REVOCATIONS.— 

16 (1) PUBLIC LAND ORDERS.—Effective as of the 

17 date of the enactment of this Act, any public land 

18 orders applicable to the land described in subsection 

19 (a) are revoked with respect to that lands. 

20 (2) WITHDRAWAL.—Subject to valid existing 

21 rights, land described in subsection (a) are with22 drawn from location, entry, and patent under the 

23 mining laws of the United States. 
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1 SEC. 3. LAND CONVEYANCE, PORTION OF RIGDON ADMINIS2 TRATIVE SITE, OAKRIDGE, OREGON, TRACT 

3 WIL-D. 

4 (a) CONVEYANCE REQUIRED.—The Secretary of Ag5 riculture shall convey, without consideration, to the City 

6 of Oakridge, Oregon (in the section referred to as the 

7 ‘‘City)’’, all right, title, and interest of the United States 

8 in and to the lower portion of the land described in section 

9 2(a)(15), Tract WIL-D, for the purpose of facilitating the 

10 establishment of a timber museum on the conveyed land 

11 to be managed by the Upper Willamette Pioneer Associa12 tion. 

13 (b) LEGAL DESCRIPTION.—The portion of Tract 

14 WIL-D to be conveyed to the City under this section is 

15 located generally west of Rigdon Drive, but the Secretary 

16 shall determine the exact acreage and description of the 

17 land to be conveyed. The conveyed land may not include 

18 the five residential properties on the upper portion of 

19 Tract WIL-D, generally located northeast of the intersec20 tion of Highway 58 and Rigdon Drive. 

21 (c) CONDITION OF CONVEYANCE.—As a condition of 

22 the conveyance under this section, the City and the Upper 

23 Willamette Pioneer Association shall agree to honor the 

24 life and contributions of Loran L. ‘‘Stub’’ Stewart with 

25 an appropriate display in the museum established on the 

26 conveyed property. 
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1 SEC. 4. BOUNDARY ADJUSTMENT, ROGUE-UMPQUA DIVIDE 

2 WILDERNESS, OREGON. 

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

4 Divide wilderness boundary, as established by the Oregon 

5 Wilderness Act of 1984 (Public Law 98–328; 98 Stat. 

6 273; 16 U.S.C. 1132 note) and approved by the Forest 

7 Service on May 4, 1987, is adjusted as depicted on the 

8 map entitled ‘‘Rogue-Umpqua Divide Wilderness Bound9 ary Modification’’ and dated May 6, 2003. The adjust10 ment is more fully described as follows: 

11 (1) Beginning at township 30 south, range 3 

12 east, Willamette base and meridian, from Angle 

13 Point 927 of the legal boundary description 

14 monumented with a 2 inch diameter brass cap, set 

15 in cement, marked ‘‘USDA FOREST SERVICE AP 

16 927 2001’’. 

17 (2) Thence north 63°3934 east, 3700.00 feet to 

18 new Angle Point 927B. 

19 (3) Thence south 84°2000 east, 360.00 feet to 

20 new Angle Point 927C. 

21 (4) Thence on a line northeasterly, approxi22 mately 330 feet, to original Angle Point 928, which 

23 is monumented with a 1–1/2 inch diameter alu24 minum cap, on a 5/8 inch diameter rod driven flush 

25 with the ground, marked ‘‘AP 928 1999’’. 
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1 (5) Thence north 23°0000 west, 175.00 feet to 

2 new Angle Point 928A. 

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

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

5 described in the legal boundary description as ‘‘A 

6 high point on a ridge’’ in section 7, township 30 

7 south, range 3 east, Willamette base and meridian, 

8 with an elevation of approximately 4150 feet. 

9 (b) MAP.—The map referred to in subsection (a) 

10 shall be on file and available for public inspection in the 

11 office of the Chief of the Forest Service. The Secretary 

12 of Agriculture may correct technical errors in the map and 

13 legal description specified in subsection (a). 

Æ