I
105TH CONGRESS
2D SESSION
H. R. 4326
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.
IN THE HOUSE OF REPRESENTATIVES
JULY 24, 1998
Mr. SMITH of Oregon introduced the following bill; which was referred to the
Committee on Resources
A BILL
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 Bu-
reau of Land Management to sell and exchange other
Federal lands in Oregon.
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.
TITLE I—ROGUE RIVER NATIONAL FOREST TRANSFERS
Sec. 101. Land transfers involving Rogue River National Forest and other pub-
lic lands in Oregon.
TITLE II—PROTECTION OF OREGON AND CALIFORNIA RAILROAD
GRANT LANDS
Sec. 201. Definitions.
Sec. 202. No net loss of O&C lands, CBWR lands, and public domain lands.
Sec. 203. Modifications to sales authority.
Sec. 204. Modifications to exchange authority.
Sec. 205. Administration of lands acquired in geographic area; redesignation of
public domain lands.
Sec. 206. Relationship to Umpqua land exchange authority.
TITLE I—ROGUE RIVER
NATIONAL FOREST TRANSFERS
SEC. 101. LAND TRANSFERS INVOLVING ROGUE RIVER NA-
TIONAL FOREST AND OTHER PUBLIC LANDS
IN OREGON.
(a) TRANSFER FROM PUBLIC DOMAIN TO NATIONAL
FOREST.—
(1) LAND
TRANSFER.—The public domain
lands depicted on the map entitled ‘‘BLM/Rogue
River N.F. Administrative Jurisdiction Transfer’’
and dated April 28, 1998, consisting of approxi-
mately 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.—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.
(b) TRANSFER FROM NATIONAL FOREST TO PUBLIC
DOMAIN.—
(1) LAND TRANSFER.—The Federal lands de-
picted on the map entitled ‘‘BLM/Rogue River N.F.
Administrative Jurisdiction Transfer’’ and dated
April 28, 1998, consisting of approximately 1,632
acres within the external boundaries of Rogue River
National Forest, are hereby transferred to unre-
served public domain status, and their status as part
of Rogue River National Forest and the National
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.
(c) RESTORATION
OF STATUS
OF CERTAIN NA-
TIONAL FOREST LANDS AS REVESTED RAILROAD GRANT
LANDS.—
(1) RESTORATION OF EARLIER STATUS.—The
Federal lands depicted on the map entitled ‘‘BLM/
Rogue 
River 
N.F. 
Administrative 
Jurisdiction
Transfer’’ and dated April 28, 1998, 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 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 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.
(d) ADDITION OF CERTAIN REVESTED RAILROAD
GRANT LANDS TO NATIONAL FOREST.—
(1) LAND
TRANSFER.—The revested Oregon
and California Railroad grant lands depicted on the
map entitled ‘‘BLM/Rogue River N.F. Administra-
tive Jurisdiction Transfer’’ and dated April 28,
1998, 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.—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
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.).
(e) 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 the map entitled ‘‘Rogue River National Forest
Boundary Adjustment’’ and dated April 28, 1998.
(f) MAPS.—Within 60 days after the date of the en-
actment of this Act, the maps referred to in this section
shall be available for public inspection in the office of the
Chief of the Forest Service.
(g) 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
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.
TITLE II—PROTECTION OF OR-
EGON AND CALIFORNIA RAIL-
ROAD GRANT LANDS
SEC. 201. DEFINITIONS.
For purposes of this title:
(1) O&C LANDS.—The term ‘‘O&C lands’’
means the lands that—
(A) revested in the United States under
the Act of June 9, 1916 (Chapter 137; 39 Stat.
218), commonly known as Oregon and Califor-
nia Railroad grant lands; and
(B) 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) CBWR LANDS.—The term ‘‘CBWR lands’’
means the lands that—
(A) were reconveyed to the United States
under the Act of February 26, 1919 (Chapter
47; 40 Stat. 1179), commonly known as Coos
Bay Wagon Road grant lands; and
(B) 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.).
(3) 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.), ex-
cept that the term does not include O&C lands and
CBWR lands.
(4) 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.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) TIMBERLANDS.—The term ‘‘timberlands’’
means lands identified as timberlands in any land
use plan under the Federal Land Policy and Man-
agement Act of 1976 (16 U.S.C. 1701–1782).
SEC. 202. NO NET LOSS OF O&C LANDS, CBWR LANDS, AND
PUBLIC DOMAIN LANDS.
In carrying out sales, purchases, and exchanges of
lands located in the geographic area, the Secretary shall
ensure that upon the expiration of the 10-year period be-
ginning on the date of the enactment of this Act, and of
each 10-year period thereafter, the total number of acres
of O&C lands and CBWR lands in the geographic area,
and the total number of acres of O&C lands, CBWR lands,
and public domain lands in the geographic area that are
available for timber harvesting, are not less than the num-
ber of acres of such lands on the date of the enactment
of this Act.
SEC. 203. MODIFICATIONS TO SALES AUTHORITY.
(a) LIMITATION ON LANDS TO BE SOLD.—Notwith-
standing any other sales authority of the Secretary, the
Secretary may not sell any O&C lands, CBWR 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.
(b) PRICE; PROCEDURES.—Notwithstanding any
other sales authority of the Secretary, the Secretary shall
make all sales of O&C lands, CBWR lands, public domain
lands within 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.
SEC. 204. MODIFICATIONS TO EXCHANGE AUTHORITY.
(a) 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, CBWR 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
(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.
(e) 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, CBWR lands, or public domain lands within
the geographic area is equal to the total value conveyed
by the United States in the exchange, shall—
(1) use otherwise available amounts to pay, to
the person from whom lands are acquired by the
United States in the exchange, the difference be-
tween 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. 205. 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 and managed by the
Secretary through the Bureau of Land Management after
the date of the enactment of this Act shall for all purposes
have the same status, be administered, and be otherwise
treated as O&C lands.
(b) REDESIGNATION OF PUBLIC DOMAIN LANDS FOR
TREATMENT AS REVESTED LANDS.—
(1) LANDS DESIGNATED.—Not later than Sep-
tember 30, 1999, the Secretary shall—
(A) designate, for treatment as O&C lands
under paragraph (2), all public domain lands in
the geographic area that, on the date of the en-
actment of this Act, are timberlands; and
(B) notify the Congress of that designa-
tion.
(2) TREATMENT OF REDESIGNATED LANDS.—
Lands designated by the Secretary under paragraph
(1) shall for all purposes have the same status, be
administered, and be otherwise treated as O&C
lands.
(3) REVENUE
DISTRIBUTION.—(A) Notwith-
standing paragraphs (1) and (2), revenues that are
produced on or before September 30, 2003, on lands
designated by the Secretary under paragraph (1)
shall be distributed according to provisions of law in
effect immediately before the enactment of this Act.
(B) Notwithstanding paragraphs (1) and (2),
revenues that are produced after September 30,
2003, on lands designated by the Secretary under
paragraph (1) and that are available to counties
pursuant to the Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall be disbursed to the Association
of Oregon and California Land Grant Counties, for
redistribution, after deducting a reasonable sum for
costs of administration, as follows:
(i) 92 percent shall be redistributed to
counties entitled to payments under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.), in
the same proportion as other payments under
that Act.
(ii) 8 percent shall be redistributed to
counties entitled to payments under section 3 of
the Act of July 31, 1947 (chapter 4306; 30
U.S.C. 603), and the fifth proposition of section
4 of the Act of February 14, 1859 (chapter
XXXIII; 11 Stat. 383), in the same proportion
as other payments under those provisions.
SEC. 206. RELATIONSHIP TO UMPQUA LAND EXCHANGE AU-
THORITY.
Notwithstanding any other provision of this title, this
title shall not apply to exchanges of land authorized pursu-
ant to section 1028 of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104–333;
110 Stat. 4231), or any implementing legislation or ad-
ministrative rule, if the land exchanges are consistent with
the provisions set forth in the Memorandum of Under-
standing between the Umpqua Land Exchange Project
and the Association of Oregon and California Land Grant
Counties, dated February 19, 1998.
Æ