HR 4326 RDS
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
‘‘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 NA-
TIONAL FOREST 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 Administra-
tive Jurisdiction Transfer, North Half’’ and ‘‘BLM/
Rogue River NF Administrative Jurisdiction Trans-
fer, South Half’’ , both dated April 28, 1998.
(2) The term ‘‘maps 3 and 4’’ refers to the
maps entitled ‘‘BLM/Rogue River NF Boundary Ad-
justment, North Half’’ and ‘‘BLM/Rogue River NF
HR 4326 RDS
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 ap-
proximately 2,058 acres within the external bound-
aries 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.—Adminis-
trative jurisdiction over the lands described in para-
graph (1) is hereby transferred from the Secretary
of the Interior to the Secretary of Agriculture. Sub-
ject to valid existing rights, the Secretary of Agri-
culture 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 ap-
plicable to the National Forest System.
(c) TRANSFER FROM NATIONAL FOREST TO PUBLIC
DOMAIN.—
(1) LAND TRANSFER.—The Federal lands de-
picted on maps 1 and 2 consisting of approximately
1,632 acres within the external boundaries of Rogue
HR 4326 RDS
River National Forest are hereby transferred to un-
reserved public domain status, and their status as
part of Rogue River National Forest and the Na-
tional Forest System is hereby revoked.
(2) ADMINISTRATIVE JURISDICTION.—Adminis-
trative jurisdiction over the lands described in para-
graph (1) is hereby transferred from the Secretary
of Agriculture to the Secretary of the Interior. Sub-
ject to valid existing rights, the Secretary of the In-
terior shall administer such lands under the laws,
rules, and regulations applicable to unreserved pub-
lic domain lands.
(d) RESTORATION
OF STATUS
OF CERTAIN NA-
TIONAL 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 here-
by restored to the status of revested Oregon and
California Railroad grant lands, and their status as
part of Rogue River National Forest and the Na-
tional Forest System is hereby revoked.
(2) ADMINISTRATIVE JURISDICTION.—Adminis-
trative jurisdiction over the lands described in para-
HR 4326 RDS
graph (1) is hereby transferred from the Secretary
of Agriculture to the Secretary of the Interior. Sub-
ject to valid existing rights, the Secretary of the In-
terior 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 re-
vested Oregon and California Railroad grant lands
under the administrative jurisdiction of the Sec-
retary 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 Na-
tional Forest are hereby added to and made a part
of Rogue River National Forest.
(2) ADMINISTRATIVE JURISDICTION.—Adminis-
trative jurisdiction over the lands described in para-
graph (1) is hereby transferred from the Secretary
of the Interior to the Secretary of Agriculture. Sub-
ject to valid existing rights, the Secretary of Agri-
culture 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
HR 4326 RDS
Weeks Law), and under the laws, rules, and regula-
tions applicable to the National Forest System.
(3) DISTRIBUTION
OF
RECEIPTS.—Notwith-
standing 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.).
(f) BOUNDARY ADJUSTMENT.—The boundaries of
Rogue River National Forest are hereby adjusted to en-
compass the lands transferred to the administrative juris-
diction of the Secretary of Agriculture under this section
and to exclude private property interests adjacent to the
exterior boundaries of Rogue River National Forest, as de-
picted on maps 3 and 4.
(g) MAPS.—Within 60 days after the date of the en-
actment 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 Agri-
culture shall revise the public land records relating to the
HR 4326 RDS
lands transferred under this section to reflect the adminis-
trative, boundary, and other changes made by this section.
The Secretaries shall publish in the Federal Register ap-
propriate notice to the public of the changes in administra-
tive jurisdiction made by this section with regard to lands
described in this section.
SEC. 3. PROTECTION OF OREGON AND CALIFORNIA RAIL-
ROAD 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 In-
terior through the Bureau of Land Manage-
ment 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
HR 4326 RDS
(B) is managed by the Secretary of the In-
terior through the Bureau of Land Manage-
ment under the Act of August 28, 1937 (43
U.S.C. 1181a et seq.).
(3) PUBLIC DOMAIN LAND.—
(A) IN GENERAL.—The term ‘‘public do-
main 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 do-
main 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 Manage-
ment, 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
HR 4326 RDS
out sales, purchases, and exchanges of land in the geo-
graphic area, the Secretary shall ensure that on expiration
of the 10-year period beginning on the date of enactment
of this Act and on expiration of each 10-year period there-
after, 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 geo-
graphic area that are available for timber harvesting, are
not less than the number of acres of such land on the
date of 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 implementing leg-
islation or administrative rule, if the land exchange is con-
sistent with the memorandum of understanding between
the Umpqua Land Exchange Project and the Association
of Oregon and California Land Grant Counties dated Feb-
ruary 19, 1998.
HR 4326 RDS
SEC. 4. HART MOUNTAIN JURISDICTIONAL TRANSFERS, OR-
EGON.
(a) TRANSFER FROM THE BUREAU OF LAND MAN-
AGEMENT TO THE UNITED STATES FISH AND WILDLIFE
SERVICE.—
(1) IN
GENERAL.—Administrative jurisdiction
over the parcels of land identified for transfer to the
United States Fish and Wildlife Service on the map
entitled ‘‘Hart Mountain Jurisdictional Transfer’’,
dated February 26, 1998, comprising approximately
12,100 acres of land in Lake County, Oregon, lo-
cated adjacent to or within the Hart Mountain Na-
tional Antelope Refuge, is transferred from the Bu-
reau of Land Management 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;
HR 4326 RDS
(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 min-
ing laws; and
(B) shall be treated as parcels of land sub-
ject 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 Mountain National Antelope Refuge.
(4) MANAGEMENT.—The land described in
paragraph (1) shall be included in the Hart Moun-
tain National Antelope Refuge and managed in ac-
cordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et
seq.), and other applicable law and with manage-
ment 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.—
HR 4326 RDS
(1) IN GENERAL.—The parcels of land identi-
fied for cooperative management on the map entitled
‘‘Hart Mountain Jurisdictional Transfer’’, dated
February 
26, 
1998, 
comprising 
approximately
10,900 acres of land in Lake County, Oregon, lo-
cated 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 de-
scribed in paragraph (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 cur-
rent and future management plans and agreements
(including 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 MANAGE-
MENT.—
(1) IN
GENERAL.—Administrative jurisdiction
over the parcels of land identified for transfer to the
Bureau of Land Management on the map entitled
‘‘Hart Mountain Jurisdictional Transfer’’, dated
HR 4326 RDS
February 26, 1998, comprising approximately 7,700
acres of land in Lake County, Oregon, located adja-
cent to or within the Hart Mountain National Ante-
lope 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 provi-
sions 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 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
paragraph (1)—
(A) are designated as public land; and
(B) shall be open to—
(i) surface entry under the public land
laws;
HR 4326 RDS
(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 min-
ing 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 sub-
sections (a), (b), and (c) and such additional legal descrip-
tions 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 Serv-
ice, the local District Office of the Bureau of Land Man-
agement, the Committee on Energy and Natural Re-
sources of the Senate, and the Committee on Resources
of the House of Representatives.
(e) CORRECTION OF REFERENCE TO WILDLIFE REF-
UGE.—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
HR 4326 RDS
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 hun-
dred 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 coopera-
tion with the city of Salem, Oregon, is authorized to par-
ticipate in the design, planning, and construction of the
Willow Lake Natural Treatment System Project to re-
claim 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.
HR 4326 RDS
‘‘(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 mar-
ket 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 devel-
opment to compensate for development prohibitions
on private land that is currently zoned for residen-
tial development, but the development of which
would cause increased pollution of ground and sur-
face 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;
HR 4326 RDS
(3) allowing Deschutes County to provide land
for community 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 pub-
lic; and
(4) otherwise assist in the implementation of
the Deschutes County Regional Problem Solving
Project.
(b) SALE OF LAND.—The Secretary of the Interior,
acting through the Director of the Bureau of Land Man-
agement (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:
HR 4326 RDS
(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 High-
way 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 pur-
chase 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
HR 4326 RDS
the land use planning process of the Bureau of Land
Management.
Passed the House of Representatives October 12,
1998.
Attest:
ROBIN H. CARLE,
Clerk.