H. R. 4326
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To transfer administrative jurisdiction over certain Federal lands located within
or adjacent to the Rogue River National Forest and to clarify the authority
of the Bureau of Land Management to sell and exchange other Federal lands
in Oregon.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Oregon Public
Lands Transfer and Protection Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Land transfers involving Rogue River National Forest and other public
lands in Oregon.
Sec. 3. Protection of Oregon and California Railroad grant lands.
Sec. 4. Hart Mountain jurisdictional transfers, Oregon.
Sec. 5. Boundary expansion, Bandon Marsh National Wildlife Refuge, Oregon.
Sec. 6. Willow Lake Natural Treatment System Project, Salem, Oregon.
Sec. 7. Conveyance to Deschutes County, Oregon.
SEC. 2. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOR-
EST AND OTHER PUBLIC LANDS IN OREGON.
(a) MAP REFERENCES.—In this section:
(1) The term ‘‘maps 1 and 2’’ refers to the maps entitled
‘‘BLM/Rogue River NF Administrative Jurisdiction Transfer,
North Half’’ and ‘‘BLM/Rogue River NF Administrative Juris-
diction Transfer, South Half’’ , both dated April 28, 1998.
(2) The term ‘‘maps 3 and 4’’ refers to the maps entitled
‘‘BLM/Rogue River NF Boundary Adjustment, North Half’’ and
‘‘BLM/Rogue River NF Boundary Adjustment, South Half’’ ,
both dated April 28, 1998.
(b) TRANSFER FROM PUBLIC DOMAIN TO NATIONAL FOREST.—
(1) LAND
TRANSFER.—The public domain lands depicted
on maps 1 and 2 consisting of approximately 2,058 acres within
the external boundaries of Rogue River National Forest in
the State of Oregon are hereby added to and made a part
of Rogue River National Forest.
(2) ADMINISTRATIVE
JURISDICTION.—Administrative juris-
diction over the lands described in paragraph (1) is hereby
transferred from the Secretary of the Interior to the Secretary
of Agriculture. Subject to valid existing rights, the Secretary
of Agriculture shall manage such lands as part of Rogue River
National Forest in accordance with the Act of March 1, 1911
(commonly known as the Weeks Law), and under the laws,
rules, and regulations applicable to the National Forest System.
H. R. 4326—2
(c) TRANSFER FROM NATIONAL FOREST TO PUBLIC DOMAIN.—
(1) LAND TRANSFER.—The Federal lands depicted on maps
1 and 2 consisting of approximately 1,632 acres within the
external boundaries of Rogue River National Forest are hereby
transferred to unreserved public domain status, and their status
as part of Rogue River National Forest and the National Forest
System is hereby revoked.
(2) ADMINISTRATIVE
JURISDICTION.—Administrative juris-
diction over the lands described in paragraph (1) is hereby
transferred from the Secretary of Agriculture to the Secretary
of the Interior. Subject to valid existing rights, the Secretary
of the Interior shall administer such lands under the laws,
rules, and regulations applicable to unreserved public domain
lands.
(d) RESTORATION
OF STATUS
OF CERTAIN NATIONAL FOREST
LANDS AS REVESTED RAILROAD GRANT LANDS.—
(1) RESTORATION OF EARLIER STATUS.—The Federal lands
depicted on maps 1 and 2 consisting of approximately 4,298
acres within the external boundaries of Rogue River National
Forest are hereby restored to the status of revested Oregon
and California Railroad grant lands, and their status as part
of Rogue River National Forest and the National Forest System
is hereby revoked.
(2) ADMINISTRATIVE
JURISDICTION.—Administrative juris-
diction over the lands described in paragraph (1) is hereby
transferred from the Secretary of Agriculture to the Secretary
of the Interior. Subject to valid existing rights, the Secretary
of the Interior shall administer such lands under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.), and other laws,
rules, and regulations applicable to revested Oregon and
California Railroad grant lands under the administrative juris-
diction of the Secretary of the Interior.
(e) ADDITION OF CERTAIN REVESTED RAILROAD GRANT LANDS
TO NATIONAL FOREST.—
(1) LAND TRANSFER.—The revested Oregon and California
Railroad grant lands depicted on maps 1 and 2 consisting
of approximately 960 acres within the external boundaries of
Rogue River National Forest are hereby added to and made
a part of Rogue River National Forest.
(2) ADMINISTRATIVE
JURISDICTION.—Administrative juris-
diction over the lands described in paragraph (1) is hereby
transferred from the Secretary of the Interior to the Secretary
of Agriculture. Subject to valid existing rights, the Secretary
of Agriculture shall manage such lands as part of the Rogue
River National Forest in accordance with the Act of March
1, 1911 (commonly known as the Weeks Law), and under the
laws, rules, and regulations applicable to the National Forest
System.
(3) DISTRIBUTION OF RECEIPTS.—Notwithstanding the sixth
paragraph under the heading ‘‘FOREST
SERVICE’’ in the Act
of May 23, 1908 and section 13 of the Act of March 1, 1911
(16 U.S.C. 500), revenues derived from the lands described
in paragraph (1) shall be distributed in accordance with the
Act of August 28, 1937 (43 U.S.C. 1181a et seq.).
H. R. 4326—3
(f ) BOUNDARY ADJUSTMENT.—The boundaries of Rogue River
National Forest are hereby adjusted to encompass the lands trans-
ferred to the administrative jurisdiction of the Secretary of Agri-
culture under this section and to exclude private property interests
adjacent to the exterior boundaries of Rogue River National Forest,
as depicted on maps 3 and 4.
(g) MAPS.—Within 60 days after the date of the enactment
of this Act, the maps referred to in subsection (a) shall be available
for public inspection in the office of the Chief of the Forest Service.
(h) MISCELLANEOUS REQUIREMENTS.—As soon as practicable
after the date of the enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture shall revise the public
land records relating to the lands transferred under this section
to reflect the administrative, boundary, and other changes made
by this section. The Secretaries shall publish in the Federal Register
appropriate notice to the public of the changes in administrative
jurisdiction made by this section with regard to lands described
in this section.
SEC. 3. PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT
LANDS
(a) DEFINITIONS.—For purposes of this section:
(1) O & C LAND.—The term ‘‘O & C land’’ means the
land (commonly known as ‘‘Oregon and California Railroad
grant land’’) that—
(A) revested in the United States under the Act of
June 9, 1916 (39 Stat. 218, chapter 137); and
(B) is managed by the Secretary of the Interior through
the Bureau of Land Management under the Act of August
28, 1937 (43 U.S.C. 1181a et seq.).
(2) CBWR LAND.—The term ‘‘CBWR land’’ means the land
(commonly known as ‘‘Coos Bay Wagon Road grant land’’)
that—
(A) was reconveyed to the United States under the
Act of February 26, 1919 (40 Stat. 1179, chapter 47); and
(B) is managed by the Secretary of the Interior through
the Bureau of Land Management under the Act of August
28, 1937 (43 U.S.C. 1181a et seq.).
(3) PUBLIC DOMAIN LAND.—
(A) IN GENERAL.—The term ‘‘public domain land’’ has
the meaning given the term ‘‘public lands’’ in section 103
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702).
(B) EXCLUSIONS.—The term ‘‘public domain land’’ does
not include O & C land or CBWR land.
(4) GEOGRAPHIC AREA.—The term ‘‘geographic area’’ means
the area in the State of Oregon within the boundaries of the
Medford District, Roseburg District, Eugene District, Salem
District, Coos Bay District, and Klamath Resource Area of
the Lakeview District of the Bureau of Land Management,
as the districts and the resource area were constituted on
January 1, 1998.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) POLICY OF NO-NET-LOSS OF O & C LAND, CBWR LAND,
OR PUBLIC DOMAIN LAND.—In carrying out sales, purchases, and
exchanges of land in the geographic area, the Secretary shall ensure
H. R. 4326—4
that on expiration of the 10-year period beginning on the date
of the enactment of this Act and on expiration of each 10-year
period thereafter, the number of acres of O & C land and CBWR
land in the geographic area, and the number of acres of O &
C land, CBWR land, and public domain land in the geographic
area that are available for timber harvesting, are not less than
the number of acres of such land on the date of the enactment
of this Act.
(c) RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY.—
Notwithstanding any other provision of this section, this section
shall not apply to an exchange of land authorized pursuant to
section 1028 of the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104–333; 110 Stat. 4231), or any implement-
ing legislation or administrative rule, if the land exchange is consist-
ent with the memorandum of understanding between the Umpqua
Land Exchange Project and the Association of Oregon and California
Land Grant Counties dated February 19, 1998.
SEC. 4. HART MOUNTAIN JURISDICTIONAL TRANSFERS, OREGON.
(a) TRANSFER FROM THE BUREAU OF LAND MANAGEMENT TO
THE UNITED STATES FISH AND WILDLIFE SERVICE.—
(1) IN GENERAL.—Administrative jurisdiction over the par-
cels of land identified for transfer to the United States Fish
and Wildlife Service on the map entitled ‘‘Hart Mountain Juris-
dictional Transfer’’, dated February 26, 1998, comprising
approximately 12,100 acres of land in Lake County, Oregon,
located adjacent to or within the Hart Mountain National Ante-
lope Refuge, is transferred from the Bureau of Land Manage-
ment to the United States Fish and Wildlife Service.
(2) INCLUSION IN REFUGE.—The parcels of land described
in paragraph (1) shall be included in the Hart Mountain
National Antelope Refuge.
(3) WITHDRAWAL.—Subject to valid existing rights, the
parcels of land described in paragraph (1)—
(A) are withdrawn from—
(i) surface entry under the public land laws;
(ii) leasing under the mineral leasing laws and
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.); and
(iii) location and entry under the mining laws;
and
(B) shall be treated as parcels of land subject to the
provisions of Executive Order No. 7523 of December 21,
1936, as amended by Executive Order No. 7895 of May
23, 1938, and Presidential Proclamation No. 2416 of July
25, 1940, that withdrew parcels of land for the Hart Moun-
tain National Antelope Refuge.
(4) MANAGEMENT.—The land described in paragraph (1)
shall be included in the Hart Mountain National Antelope
Refuge and managed in accordance with the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd
et seq.), and other applicable law and with management plans
and agreements between the Bureau of Land Management
and the United States Fish and Wildlife Service for the Hart
Mountain Refuge.
(b) CONTINUED MANAGEMENT OF GUANO CREEK WILDERNESS
STUDY AREA BY THE BUREAU OF LAND MANAGEMENT.—
H. R. 4326—5
(1) IN GENERAL.—The parcels of land identified for coopera-
tive management on the map entitled ‘‘Hart Mountain Jurisdic-
tional Transfer’’, dated February 26, 1998, comprising approxi-
mately 10,900 acres of land in Lake County, Oregon, located
south of the Hart Mountain National Antelope Refuge, shall
be retained under the jurisdiction of the Bureau of Land
Management.
(2) MANAGEMENT.—The parcels of land described in para-
graph (1) that are within the Guano Creek Wilderness Study
Area Act shall be managed so as not to impair the suitability
of the area for designation as wilderness, in accordance with
current and future management plans and agreements (includ-
ing the agreement known as the ‘‘Shirk Ranch Agreement’’
dated September 30, 1997), until such date as Congress enacts
a law directing otherwise.
(c) TRANSFER FROM THE UNITED STATES FISH AND WILDLIFE
SERVICE TO THE BUREAU OF LAND MANAGEMENT.—
(1) IN GENERAL.—Administrative jurisdiction over the par-
cels of land identified for transfer to the Bureau of Land
Management on the map entitled ‘‘Hart Mountain Jurisdic-
tional Transfer’’, dated February 26, 1998, comprising approxi-
mately 7,700 acres of land in Lake County, Oregon, located
adjacent to or within the Hart Mountain National Antelope
Refuge, is transferred from the United States Fish and Wildlife
Service to the Bureau of Land Management.
(2) REMOVAL FROM REFUGE.—The parcels of land described
in paragraph (1) are removed from the Hart Mountain National
Antelope Refuge, and the boundary of the refuge is modified
to reflect that removal.
(3) REVOCATION OF WITHDRAWAL.—The provisions of Execu-
tive Order No. 7523 of December 21, 1936, as amended by
Executive Order No. 7895 of May 23, 1938, and Presidential
Proclamation No. 2416 of July 25, 1940, that withdrew the
parcels of land for the refuge, shall be of no effect with respect
to the parcels of land described in paragraph (1).
(4) STATUS.—The parcels of land described in para-
graph (1)—
(A) are designated as public land; and
(B) shall be open to—
(i) surface entry under the public land laws;
(ii) leasing under the mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.); and
(iii) location and entry under the mining laws.
(5) MANAGEMENT.—The land described in paragraph (1)
shall be managed in accordance with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
other applicable law, and the agreement known as the ‘‘Shirk
Ranch Agreement’’ dated September 30, 1997.
(d) MAP.—A copy of the map described in subsections (a), (b),
and (c) and such additional legal descriptions as are applicable
shall be kept on file and available for public inspection in the
Office of the Regional Director of Region 1 of the United States
Fish and Wildlife Service, the local District Office of the Bureau
of Land Management, the Committee on Energy and Natural
Resources of the Senate, and the Committee on Resources of the
House of Representatives.
H. R. 4326—6
(e) CORRECTION OF REFERENCE TO WILDLIFE REFUGE.—Section
28 of the Act of August 13, 1954 (68 Stat. 718, chapter 732; 72
Stat. 818; 25 U.S.C. 564w–1), is amended in subsections (f ) and
(g) by striking ‘‘Klamath Forest National Wildlife Refuge’’ each
place it appears and inserting ‘‘Klamath Marsh National Wildlife
Refuge’’.
SEC. 5. BOUNDARY EXPANSION, BANDON MARSH NATIONAL WILDLIFE
REFUGE, OREGON.
Section 102 of Public Law 97–137 (95 Stat. 1709; 16 U.S.C.
668dd note) is amended by striking ‘‘three hundred acres’’ and
inserting ‘‘1,000 acres’’.
SEC. 6. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT,
SALEM, OREGON.
(a) IN
GENERAL.—Title XVI of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.)
is amended by adding at the end the following:
‘‘SEC. 1634. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT.
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the
city of Salem, Oregon, is authorized to participate in the design,
planning, and construction of the Willow Lake Natural Treatment
System Project to reclaim and reuse wastewater within and without
the service area of the city of Salem.
‘‘(b) COST SHARE.—The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
‘‘(c) LIMITATION.—The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.’’.
(b) CLERICAL AMENDMENT.—The table of sections in section
2 of such Act is amended by inserting after the item relating
to section 1633 the following:
‘‘Sec. 1634. Willow Lake Natural Treatment System Project.’’.
SEC. 7. CONVEYANCE TO DESCHUTES COUNTY, OREGON.
(a) PURPOSES.—The purposes of this section are to authorize
the Secretary of the Interior to sell at fair market value to Deschutes
County, Oregon, certain land to be used to protect the public’s
interest in clean water in the aquifer that provides drinking water
for residents of Deschutes County and to promote the public interest
in the efficient delivery of social services and public amenities
in southern Deschutes County by—
(1) providing land for private residential development to
compensate for development prohibitions on private land that
is currently zoned for residential development, but the develop-
ment of which would cause increased pollution of ground and
surface water;
(2) providing for the streamlined and low-cost acquisition
of land by nonprofit and governmental social service entities
that offer needed community services to residents of the area;
(3) allowing Deschutes County to provide land for commu-
nity amenities and services, such as open space, parks, roads,
and other public spaces and uses, to area residents at little
or no cost to the public; and
(4) otherwise assist in the implementation of the Deschutes
County Regional Problem Solving Project.
H. R. 4326—7
(b) SALE
OF LAND.—The Secretary of the Interior, acting
through the Director of the Bureau of Land Management (referred
to in this section as the ‘‘Secretary’’) may make available for sale
at fair market value to Deschutes County, Oregon, a parcel of
the land in Deschutes County comprising approximately 544 acres
and lying in township 22 south, range 10 east, Willamette meridian,
as more fully described as follows:
(1) Section 1:
(A) Government Lot 3, the portion west of Highway
97;
(B) Government Lot 4;
(C) SENW, the portion west of Highway 97; SWNW,
the portion west of Highway 97; NWSW, the portion west
of Highway 97; SWSW, the portion west of Highway 97;
(2) Section 2:
(A) Government Lot 1;
(B) SENE, SESW, the portion east of Huntington Road;
NESE, NWSE, SWSE, SESE, the portion west of Highway
97;
(3) Section 11:
(A) Government Lot 10;
(B) NENE, the portion west of Highway 97; NWNE,
SWNE, the portion west of Highway 97; NENW, the portion
east of Huntington Road; SWNW, the portion east of
Huntington Road; SENW.
(c) SUITABILITY FOR SALE.—The Secretary shall convey the land
under subsection (b) only if the Secretary determines that the
land is suitable for sale through the land use planning process.
(d) SPECIAL ACCOUNT.—The amount paid by the County for
the conveyance of land under subsection (b)—
(1) shall be deposited in a special account in the Treasury
of the United States; and
(2) may be used by the Secretary for the purchase of
environmentally sensitive land east of range 9 east, Willamette
meridian, in the State of Oregon that is consistent with the
goals and objectives of the land use planning process of the
Bureau of Land Management.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.