I
106TH CONGRESS
1ST SESSION
H. R. 2950
To provide for the exchange of certain land in the State of Oregon.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 24, 1999
Mr. WALDEN of Oregon introduced the following bill; which was referred to
the Committee on Resources
A BILL
To provide for the exchange of certain land in the State
of 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 Land Exchange Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—BUREAU OF LAND MANAGEMENT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Land exchange.
TITLE II—FOREST SERVICE
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Land exchange.
TITLE III—EQUITABLE EXCHANGE
Sec. 301. Exchange valuation, appraisals, and equalization.
Sec. 302. Administration.
SEC. 2. FINDINGS.
Congress finds that—
(1) certain parcels of private land located in
northeast Oregon are intermingled with land owned
by the United States and administered—
(A) by the Secretary of the Interior as part
of the Central Oregon Resource Area in the
Prineville Bureau of Land Management District
and the Baker Resource Area in the Vale Bu-
reau of Land Management District; and
(B) by the Secretary of Agriculture as part
of the Malheur National Forest, the Wallowa-
Whitman National Forest, and the Umatilla
National Forest;
(2) the surface estate of the private land de-
scribed in paragraph (1) is intermingled with parcels
of land that—
(A) are owned by the United States; or
(B) contain valuable fisheries and wildlife
habitat desired by the United States;
(3) the intermingled land ownership pattern of
the land described in paragraph (1) has frustrated
sound and efficient land management on private
land and Federal land by complicating fish and wild-
life habitat management, watershed protection,
recreation use, establishment of access, timber har-
vest, boundary administration, and protection and
management of threatened and endangered species;
(4) the blocks of private land within the areas
described in paragraph (1), and the land use and
harvest restrictions associated with the land, frus-
trate the efforts of private landowners to meet their
individual property management objectives;
(5) the improvement of management efficiency
through the land tenure adjustment program of the
Department of the Interior, which disposes of small
isolated tracts within larger blocks of contiguous
parcels of land, would serve important public objec-
tives, including—
(A) the enhancement of public access, aes-
thetics, and recreation opportunities within or
adjacent to designated wild and scenic river cor-
ridors;
(B) the protection and enhancement of
habitat for threatened, endangered, and sen-
sitive species within unified landscapes under
Federal management; and
(C) the consolidation of holdings of the
Bureau of Land Management and the Forest
Service—
(i) to facilitate more efficient adminis-
tration, including a reduction in adminis-
trative costs to the United States;
(ii) to reduce right-of-way, special use,
and other permit processing and issuance
for roads and other facilities on Federal
land; 
(6) time is of the essence in completing a land
exchange because further delays may force the iden-
tified landowners to construct roads in, log, develop,
or sell the private land and thereby diminish the
public values for which the private land is to be ac-
quired; and
(7) it is in the public interest to complete the
land exchanges at the earliest practicable date so
that the land acquired by the United States can be
preserved for—
(A) protection of threatened and endan-
gered species habitat; and
(B) permanent public use and enjoyment.
SEC. 3. DEFINITIONS.
In this Act:
(1) CLEARWATER.—The term ‘‘Clearwater’’
means Clearwater Land Exchange-Oregon, an Or-
egon partnership, or its successors or assigns.
(2) 
IDENTIFIED
LANDOWNERS.—The 
term
‘‘identified landowners’’ means private landowners
identified by Clearwater and willing to exchange pri-
vate land for Federal land under title I or title II.
(3) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Northeast Oregon Assembled Land Ex-
change/Triangle Land Exchange’’, dated August 27,
1999.
SEC. 4. AVAILABILITY OF MAP.
The map shall be kept on file and available for public
inspection in the appropriate offices of the Secretary of
the Interior or the Secretary of Agriculture.
TITLE I—BUREAU OF LAND
MANAGEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Northeast Oregon As-
sembled Land Exchange Act of 1999’’.
SEC. 102. DEFINITIONS.
In this title:
(1) OFFERED LAND.—The term ‘‘offered land’’
means the land described in section 103(a).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management.
(3) SELECTED
LAND.—The term ‘‘selected
land’’ means land described in section 103(b).
SEC. 103. LAND EXCHANGE.
(a) OFFERED LAND.—
(1) IN
GENERAL.—The exchange under sub-
section (b) shall be conditioned on the conveyance by
the appropriate identified landowners of title accept-
able to the Secretary to the parcels of land described
in paragraph (2).
(2) LAND DESCRIPTION.—The parcels of land
referred to in paragraph (1) are as follows:
(A) The parcel comprising approximately
31,646 acres and located within the exterior
boundaries of Central Oregon Resource Area in
the Prineville Bureau of Land Management
Districts, and the exterior boundaries of Grant
County, Oregon, as generally depicted on the
map.
(B) The parcel comprising approximately
1,960 acres and located within the exterior
boundaries of Baker Resource Area in the Vale
Bureau of Land Management District, and the
Management 
District, 
within 
the 
exterior
boundaries of Wheeler County, Oregon, and
comprising approximately 2,755 acres, as gen-
erally depicted on the map.
(C) A parcel in the Baker Resource Area
in the Vale Bureau of Land Management Dis-
trict, within the exterior boundaries of Morrow
County, Oregon, and comprising approximately
766 acres, as generally depicted on the map.
(D) A parcel in the Baker Resource Area
in the Vale Bureau of Land Management Dis-
trict, within the exterior boundaries of Umatilla
County, Oregon, and comprising approximately
1,139 acres, as generally depicted on the map.
TITLE II—FOREST SERVICE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Triangle Land Ex-
change Act of 1999’’.
SEC. 202. DEFINITIONS.
In this title:
(1) OFFERED LAND.—The term ‘‘offered land’’
means the land described in section 203(a) to be
conveyed into the public ownership of the United
States.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(3) SELECTED
LAND.—The term ‘‘selected
land’’ means land described in section 203(b).
SEC. 203. LAND EXCHANGE.
(a) OFFERED LAND.—
(1) IN
GENERAL.—The exchange under sub-
section (b) shall be conditioned on the conveyance by
the identified landowners of title acceptable to the
Secretary to parcels of land described in paragraph
(2).
(2) LAND DESCRIPTION.—The parcels of land
referred to in paragraph (1) are as follows:
(A) The parcel comprising approximately
3,752 acres and located within the exterior
boundaries of the Malheur National Forest, Or-
egon, as generally depicted on the map.
(B) The parcel comprising approximately
1,702 acres and located within or adjacent to
the exterior boundaries of the Wallowa-Whit-
man National Forest, Oregon, as generally de-
picted on the map.
(C) The parcel comprising approximately
246 acres and located within or adjacent to the
exterior boundaries of the Umatilla National
Forest, Oregon, as generally depicted on the
map.
(b) SELECTED LAND.—On receipt of acceptable title
to the land described in subsection (a), the Secretary shall
convey to the appropriate identified landowners, subject
to valid existing rights, all right, title, and interest of the
United States, including the surface and subsurface inter-
ests, to the parcels land administered on the date of enact-
ment of this title as part of the Malheur National Forest,
Oregon, comprising approximately 3,901 acres, as gen-
erally depicted on the map.
TITLE III—EQUITABLE
EXCHANGE
SEC. 
301. 
EXCHANGE 
VALUATION, 
APPRAISALS, 
AND
EQUALIZATION.
(a) IN GENERAL.—
(1) DEFINITION OF SECRETARY.—In this title,
the term ‘‘Secretary’’ means—
(A) the Secretary of the Interior, with re-
spect to the land exchange under title I; and
(B) the Secretary of Agriculture, with re-
spect to the land exchange under title II.
(2) APPLICABILITY.—Any exchange of land de-
scribed in titles I and II—
(A) may be accomplished in a single trans-
action or in phases; and
(B) shall be subject to the requirements
described in subsections (b) through (f).
(b) EQUAL VALUE EXCHANGE.—
(1) IN GENERAL.—The values of the offered
land and the selected land—
(A) shall be equal; or
(B) if the values are not equal, shall be
equalized in accordance with subsection (e).
(2) APPRAISALS.—
(A) IN GENERAL.—The values of the of-
fered land and the selected land shall be deter-
mined by appraisals using nationally recognized
appraisal standards, including, as appropriate—
(i) the Uniform Appraisal Standards
for Federal Land Acquisitions (1992);
(ii) the Uniform Standards of Profes-
sional Appraisal Practice;
(iii) section 206(d) of the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)); and
(iv) the Federal Land Exchange Fa-
cilitation Act (43 U.S.C. 1701 note).
(B) APPROVAL.—
(i) IN GENERAL.—Not later than 90
days after the date of enactment of this
Act, all appraisals of land conveyed under
sections 103 and 203 shall be completed
and submitted to the Secretary for ap-
proval.
(ii) SUMMARY.—During the period be-
ginning 45 days before and ending 30 days
before the date on which deeds for land
conveyed under sections 103 and 203 are
exchanged, a comprehensive summary of
each appraisal described under clause (i)
shall be made available for public inspec-
tion in the offices of—
(I) in the case of appraisals of
land for the purposes of title I, the
area managers for the Central Oregon
Area in the Prineville Bureau of Land
Management District, the Baker Re-
source Area in the Vale Bureau of
Land Management District; and
(II) in the case of appraisals of
land for purposes of title II, the forest
supervisors of the Malheur National
Forest, the Wallowa-Whitman Na-
tional Forest, and the Umatilla Na-
tional Forest.
(C) RESOLUTION OF DISAGREEMENT.—In
the case of a dispute concerning an appraisal or
appraisal issue that arises under this Act, the
appraisal or appraisal issue in dispute shall be
resolved in accordance with section 206(d) of
the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(d)).
(c) APPRAISAL DETERMINATIONS.—To ensure the
equitable and uniform appraisal of the land conveyed
under sections 103 and 203, all appraisals shall determine
the best use of the land in accordance with the law of
the State of Oregon, including use for the protection of
wild and scenic river characteristics as provided in the Or-
egon Administrative Code.
(d) APPRAISAL PERIOD.—After the Secretary ap-
proves the final appraised values of any portion of the land
conveyed under section 103 or 203, or otherwise deter-
mines the value of the land under section 206(d) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(d)), the value of the land shall not be re-
appraised or updated before completion of the land ex-
change, except for any adjustments in value as may be
required under subsection (e).
(e) EQUALIZATION OF SURPLUS.—
(1) GREATER SELECTED LAND VALUE.—If the
final appraised value of the selected land exceeds the
final appraised value of the offered land, the appro-
priate identified landowners shall equalize the value
of the land by making a cash payment to the United
States, subject to the 25 percent limitation under
section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716(d)).
(2) GREATER OFFERED LAND VALUE.—If the
final appraised value of the offered land exceeds the
final appraised value of the selected land by 25 per-
cent or more, Clearwater, after consultation with the
affected identified landowners and the Secretary,
shall withdraw from the exchange a portion of the
offered land that is at least equal to the amount by
which the value of the offered land exceeds the value
of the selected land.
(f) USE OF PROCEEDS BY THE SECRETARY.—The
amount of any cash equalization payment received by the
Secretary under subsection (e)—
(1) shall be retained by the Secretary; and
(2) may be used by the Secretary, without fur-
ther Act of appropriation, to purchase land from
willing sellers in the State of Oregon for addition to
land under the administration of the Bureau of
Land Management or Forest Service, as the case
may be.
SEC. 302. ADMINISTRATION.
(a) STATUS OF LAND AFTER EXCHANGE.—
(1) LAND ACQUIRED BY THE SECRETARY.—
(A) IN GENERAL.—
(i) DEPARTMENT
OF
THE
INTE-
RIOR.—Land acquired by the Secretary
under title I shall be added, as determined
appropriate by the Secretary, to—
(I) the Central Oregon Area in
the Prineville District of the Bureau
of Land Management; or
(II) the Baker Resource Area in
the Vale District of the Bureau of
Land Management.
(ii) 
DEPARTMENT
OF
AGRI-
CULTURE.—Land acquired by the Sec-
retary under title II shall be added, as de-
termined appropriate by the Secretary,
to—
(I) the Malheur National Forest;
(II) the Wallowa-Whitman Na-
tional Forest; or
(III) the Umatilla National For-
est.
(B) MODIFICATION
OF
BOUNDARIES.—If
any of the land acquired under this title lies
outside the exterior boundary of an area de-
scribed in subparagraph (A) to which the land
is to be added, the Secretary shall modify the
boundary of the appropriate area to include the
land.
(C) MANAGEMENT.—
(i) 
BUREAU
OF
LAND
MANAGE-
MENT.—Land acquired by the Secretary
under title I shall be managed in accord-
ance with laws (including regulations) ap-
plicable to the management of public land
under the administration of the Bureau of
Land Management.
(ii) 
FOREST
SERVICE.—Land 
ac-
quired by the Secretary under title II shall
be managed in accordance with laws (in-
cluding regulations) applicable to the Na-
tional Forest System.
(2) LAND
ACQUIRED
BY
IDENTIFIED
LAND-
OWNERS.—Land acquired by an identified landowner
under this Act shall be private land, except to the
extent that the patent by which conveyance is made
to an individual landowner contains a specific res-
ervation.
(b) TIMING.—The land exchanges under sections 103
and 203 shall be completed not later than 90 days after
the date on which Clearwater, on behalf of the identified
landowners, makes the Secretary an offer to exchange
under section 103(a) or 203(a), unless the Secretary and
the identified landowners agree to extend the completion
date.
(c) WITHDRAWAL OF SELECTED LAND.—
(1) IN GENERAL.—Effective until the date de-
scribed in paragraph (2), Congress withdraws from
all forms of entry and appropriation under the pub-
lic land laws (including the mining laws) any parcel
of selected land—
(A) with respect to which such a with-
drawal by the Secretary has not been made be-
fore the date of enactment of this Act; or
(B) with respect to which such a with-
drawal that the Secretary has made expires be-
fore the date described in paragraph (2).
(2) DATE
DESCRIBED.—With respect to any
parcel of land described in paragraph (1), the date
described in this paragraph is the date on which—
(A) the parcel is deleted from the exchange
under section 103 or 203; or
(B) the land exchange under section 103
or 203 is completed.
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