I
105TH CONGRESS
2D SESSION
H. R. 3542
To clarify the Bureau of Land Management’s authority to make sales and
exchanges of certain Federal lands in the State of Oregon, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1998
Mr. SMITH of Oregon introduced the following bill; which was referred to the
Committee on Resources
A BILL
To clarify the Bureau of Land Management’s authority to
make sales and exchanges of certain Federal lands in
the State of Oregon, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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
‘‘O&C Lands Protection Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Modifications to sales authority.
Sec. 4. Modifications to exchange authority.
Sec. 5. Administration of lands acquired in geographic area; redesignation of
public domain lands.
Sec. 6. O&C Lands Protection Fund.
Sec. 7. Timber and surface resource revenue distribution.
Sec. 8. Relationship to Umpqua Land Exchange authority.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) O&C LANDS.—The term ‘‘O&C lands’’
means the lands that revested in the United States
under the Act of June 9, 1916 (Chapter 137; 39
Stat. 218), and that are managed by the Secretary
of the Interior through the Bureau of Land Manage-
ment under the Act of August 28, 1937 (43 U.S.C.
1181a et seq.).
(2) PUBLIC DOMAIN LANDS.—The term ‘‘public
domain lands’’ has the meaning given the term
‘‘public lands’’ in the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.), other
than O&C lands.
(3) GEOGRAPHIC AREA.—The term ‘‘geographic
area’’ means all lands in the State of Oregon located
within the boundaries of the Bureau of Land Man-
agement’s Medford District, Roseburg District, Eu-
gene District, Salem District, Coos Bay District,
and Klamath Resource Area of the Lakeview Dis-
trict, as those districts and that resource area were
constituted on January 1, 1998.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. MODIFICATIONS TO SALES AUTHORITY.
(a) LIMITATIONS ON ACREAGE SOLD.—Subject to
subsection (b)(2) and notwithstanding any other sales au-
thority of the Secretary, the Secretary may not sell more
than a maximum combined total of 640 acres of O&C
lands and public domain lands within the geographic area
during each fiscal year, and may not sell more than a max-
imum combined total of 6,400 acres of O&C lands and
public domain lands within the geographic area during any
continuous 15-year period beginning after the date of en-
actment of this Act.
(b) LIMITATION ON LANDS TO BE SOLD.—Notwith-
standing any other sales authority of the Secretary, the
Secretary may not sell any O&C lands or public domain
lands within the geographic area that are located within—
(1) a congressionally designated wilderness
area;
(2) the national wild and scenic river system; or
(3) an area designated by the Secretary under
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) to be an area of criti-
cal environmental concern.
(c) PRICE; PROCEDURES.—Notwithstanding any
other sales authority of the Secretary, the Secretary shall
make all sales of O&C lands and public domain lands with-
in the geographic area—
(1) at a price that is not less than the fair mar-
ket value of the lands sold, as determined by the
Secretary; and
(2) by competitive public bidding, under proce-
dures established by the Secretary that ensure ade-
quate notice to owners of land adjoining the land
proposed for sale, to local governments in the vicin-
ity of the land proposed for sale, and to the State
of Oregon.
(d) ACQUISITION OF LANDS.—
(1) IN
GENERAL.—The Secretary may use
amounts in the O&C Lands Protection Fund estab-
lished by section 6 to purchase from willing sellers
non-Federal lands located within the geographic area
that are contiguous to other O&C lands or public do-
main lands.
(2) PRIORITY OF LANDS FOR ACQUISITION.—In
acquiring lands under this subsection, the Secretary
may give first priority to satisfying the need, if any,
for acquisition of lands adjacent to streams, riparian
areas, or wildlife corridors within the geographic
area that are used by species that are listed as
threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
SEC. 4. MODIFICATIONS TO EXCHANGE AUTHORITY.
(a) LIMITATIONS ON ACREAGE EXCHANGED.—Sub-
ject to the provisions of this section and notwithstanding
any other exchange authority of the Secretary, the Sec-
retary may not exchange out of Federal ownership more
than a maximum combined total of 480 acres of O&C
lands and public domain lands within the geographic area
during each fiscal year for non-Federal lands referred to
in subsection (c), and may not exchange out of Federal
ownership more than a maximum combined total of 4,800
acres of O&C lands and public domain lands within the
geographic area during any continuous 15-year period be-
ginning after the date of enactment of this Act.
(b) LIMITATION ON FEDERAL LANDS TO BE EX-
CHANGED.—Notwithstanding any other exchange author-
ity of the Secretary, the Secretary may not exchange out
of Federal ownership any O&C lands or public domain
lands within the geographic area that are located within—
(1) a congressionally designated wilderness
area;
(2) the national wild and scenic river system; or
(3) an area designated by the Secretary under
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) to be an area of criti-
cal environmental concern.
(c) LIMITATION
ON
NON-FEDERAL
LANDS
AC-
QUIRED.—Notwithstanding any other exchange authority
of the Secretary, all non-Federal lands acquired by the
Secretary in an exchange for O&C lands or public domain
lands within the geographic area must be located within
the geographic area and contiguous with other O&C lands
or public domain lands.
(d) PROCEDURES.—The Secretary shall establish
procedures for exchanges out of Federal ownership of O&C
lands and public domain lands within the geographic area,
including—
(1) procedures for valuing the lands exchanged;
and
(2) procedures that ensure adequate notice of
proposed exchanges to local governments in the vi-
cinity of all lands to be exchanged and to the State
of Oregon.
(e) REQUIREMENTS
FOR VALUE
OF EXCHANGED
LANDS.—Notwithstanding any other exchange authority
of the Secretary, the Secretary may not exchange out of
Federal ownership O&C lands or public domain lands
within the geographic area if the fair market value of the
lands received by the United States in the exchange—
(1) is less than 75 percent of the fair market
value of the lands conveyed by the United States in
the exchange; or
(2) is greater than 125 percent of the fair mar-
ket value of the lands conveyed by the United States
in the exchange.
(f) EQUALIZATION PAYMENTS.—The Secretary, as
necessary to ensure that the total value received by the
United States in an exchange out of Federal ownership
of O&C lands or public domain lands within the geo-
graphic area is equal to the total value conveyed by the
United States in the exchange, shall—
(1) use amounts in the O&C Lands Protection
Fund established by section 3(c) to pay, to the per-
son from whom lands are acquired by the United
States in the exchange, the difference between the
value of the lands received by the United States and
the value of the lands conveyed by the United
States; or
(2) require that person to pay that difference to
the United States.
SEC. 5. ADMINISTRATION OF LANDS ACQUIRED IN GEO-
GRAPHIC AREA; REDESIGNATION OF PUBLIC
DOMAIN LANDS.
(a) ACQUIRED LANDS.—All lands in the geographic
area acquired by the United States after the date of the
enactment of this Act shall for all purposes have the same
status, be administered, and be otherwise treated as lands
that were revested in the United States pursuant to the
Act of June 9, 1916 (Chapter 137; 39 Stat. 218) and
managed by the Secretary under the Act of August 28,
1937 (43 U.S.C. 1181 et seq.).
(b) REDESIGNATION OF PUBLIC DOMAIN LANDS FOR
TREATMENT AS REVESTED LANDS.—
(1) IN GENERAL.—The Secretary—
(A) before the 180th day of each fiscal
year, shall determine whether there has been a
net reduction in the number of acres of O&C
lands during the preceding fiscal year as a re-
sult of disposal of lands by the United States
under any provision of law; and
(B) if the Secretary determines that there
was such a reduction, shall within 90 days after
that determination designate a number of acres
of public domain lands within the geographic
area, equal to the number of acres of that re-
duction, for treatment as O&C lands under
paragraph (3).
(2) LANDS DESIGNATED.—The Secretary shall
designate under paragraph (1)(B) public domain
lands that are stocked with timber in volumes per
acre that are not less than the average volumes per
acre found on the O&C lands and public domain
lands in the geographic area that were disposed of
during the preceding fiscal year.
(3) TREATMENT OF REDESIGNATED LANDS.—
Lands designated by the Secretary under paragraph
(1)(B) shall for all purposes have the same status,
be administered, and be otherwise treated as lands
that were revested in the United States pursuant to
the Act of June 9, 1916 (Chapter 136; 39 Stat.
218) and managed by the Secretary under the Act
of August 28, 1937 (43 U.S.C. 1181a et seq.).
(4) NOTIFICATION
OF
CONGRESS.—The Sec-
retary shall, before the end of each fiscal year, notify
the Congress of each redesignation of lands under
this subsection in that fiscal year.
SEC. 6. O&C LANDS PROTECTION FUND.
(a) IN GENERAL.—There is established in the Treas-
ury a separate account to be known as the O&C Lands
Protection Fund.
(b) CONTENTS.—The O&C Lands Protection Fund
shall consist of all amounts received by the United States
as—
(1) proceeds from sales of O&C lands and pub-
lic domain lands within the geographic area; or
(2) equalization payments under section 4(f).
(c) USE.—Amounts in the O&C Lands Protection
Fund shall be available to the Secretary, without fiscal
year limitation or further appropriation, solely for—
(1) purchasing lands under section 3(d);
(2) making equalization payments under section
4(f); and
(3) making distributions under subsection (d)
of this section.
(d) DISTRIBUTIONS FROM FUND.—All amounts in
the O&C Lands Protection Fund on January 1, 2013, and
on January 1 of each 15th year thereafter, shall be distrib-
uted as follows:
(1) 5 percent shall be paid to the State of Or-
egon as provided in the fifth proposition of section
4 of the Act of February 14, 1859 (Chapter
XXXIII; 11 Stat. 383), as in effect on the date of
the enactment of this Act.
(2) 50 percent shall be deposited in the general
fund of the Treasury of the United States.
(3) 45 percent shall be distributed to the 18
Oregon counties within which the geographic area is
located, by payment to each of the counties in the
same proportion as payments are made from the Or-
egon and California land-grant fund under section
201(a) of the Act of August 28, 1937 (Chapter 876;
43 U.S.C. 1181f(a)).
SEC. 7. TIMBER AND SURFACE RESOURCE REVENUE DIS-
TRIBUTION.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, all revenue received by the United States as
proceeds from the sale of timber and other surface re-
sources from public domain lands within the geographic
area shall be distributed as follows:
(1) 5 percent shall be paid to the State of Or-
egon as provided in section 3 of the Act of July 31,
1947 (Chapter 406; 30 U.S.C. 603), popularly
known as the Materials Act of 1947, and the fifth
proposition of section 4 of the Act of February 14,
1859 (Chapter XXXIII; 11 Stat. 383), as in effect
on the date of the enactment of this Act.
(2) 50 percent shall be deposited in the Salmon
Habitat Restoration Fund established by subsection
(b).
(3) 45 percent shall be distributed to the 18
Oregon counties within which the geographic area is
located, by payment to each of the counties in the
same proportion as payments are made from the Or-
egon and California land-grant fund under section
201(a) of the Act of August 28, 1937 (Chapter 876;
43 U.S.C. 1181f(a)).
(b) SALMON HABITAT RESTORATION.—
(1) IN GENERAL.—There is established in the
Treasury as a separate account the Salmon Habitat
Restoration Fund, which shall consist of amounts
deposited under subsection (a)(2).
(2) USE.—Amounts in the account shall be
available to the Secretary without fiscal year limita-
tion or further appropriation—
(A) solely for the purpose of stream habi-
tat restoration and fisheries enhancement
projects on O&C lands and public domain lands
within the geographic area, for so long as any
species of salmonoid fish within the geographic
area is listed as a threatened species or endan-
gered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) thereafter for use within the geo-
graphic area for maintenance and development