An Act to declare title to certain Federal lands in the State of Oregon to be in the United States in trust for the use and benefit of the Confederated Tribes of the Warm Springs Reservation of Oregon
PL 92-427 (S.2969), enacted 09/21/1972

86 STAT. 
PUBLIC LAW 92-427-SEPT. 21, 1972 
719 
•'(c) Payments made under subsection (b) sliall not cover any 
expenses other than those covered by subsection (a). 
"(d) When the Secretary of Defense determines, under reguhitions 
pi-escribed by the Secretary of Health, Education, and Welfare, that 
an accredited civilian educational institution has increased its total 
enrollment for the sole purpose of accepting members of the program 
covered by this chapter, he may provide under a contract with such 
an institution for additional payments to cover the portion of the 
increased costs of the additional enrollment which are not covered by 
the institution's normal tuition and fees," 
(b) The table of chapters at the beginning of subtitle A and at the 
beginning of part I I I of such subtitle of title 10, United States Code, 
are each amended by adding 
•'104. Uniformed Services University of Health Sciences 
2112 
"105. Armed Forces Health Professions Scholarship Program 
2120" 
immediately below 
•'103. Senior Reserve Officers' Training Corps 
2101". 
Approved September 21, 1972. 
Additional pay-
ments. 
Public Law 92-427 
AN ACT 
To declare title to certain Federal lands in the State of Oregon to be in the 
United States in trust for the use and benefit of the Confederated Tribes of 
the Warm Springs Reservation of Oregon. 
September 21, 1972 
[S.2969] 
Indians. 
Confederated 
Lands in trust. 
"McQuinn 
Strip." 
Be it enacted hy the Senate and House of Uefresentatlves 
of the 
United States of America in Congress assembled^ That title to the 
Federal lands, together with all improvements thereon, known as the xr'ibes o
f the 
McQuinn Strip, is declared to be in the United States in trust for the warm springs 
use and benefit of the Confederated Tribes of the Warm Springs ore^g.'^'^^*'""' 
Reservation of Oregon, and a part of the Warm Springs Reservation 
of Oregon, and such lands are excluded from the Mount Hood and 
Willamette National Forests. The Secretary of the Interior shall 
administer such lands in accordance with, and for the purpose of, this 
Act. 
SEC. 2. As used in this Act, the term "McQuinn Strip'" means the 
approximately 61,360 acres of federally owned lands which are within 
the following described area: 
An area bounded by a line beginning at a point in the middle 
of the channel of the Deschutes River, established as the initial 
point of the Handley Survey of 1871; thence in a direct line north-
westwardly to the seven-and-one-half-mile post of the McQuinn 
Survey of 1887; thence continuing northwestwardly along the 
line of the McQuinn Survey to the thirty-mile post thereof at 
Little Dark Butte in the Cascade Mountains; thence following 
the McQuinn Survey southwestwardly in a direct line to the sum-
mit of Mount Jefferson; thence northeastwardly in a direct line 
to the western terminus of the northern boundary of the Warm 
Springs Indian Reservation as established by the Act of June 6, 
1894 (28 Stat. 86); thence along said northern boundary to the 
place of beginning, 
excluding any lands which are within the exterior boundaries of the 
Mount Jefferson Wilderness Area. 
SEC. 3. The distributive shares of the respective counties of receipts 
from the national forests from which the lands described in section 2 
720 
PUBLIC LAW 92-427-SEPT. 21, 1972 
[86 STAT. 
58 Stat. 737. 
16 u s e 500. 
Trust require-
ments. 
Commercial 
timber, public 
auction sales. 
Livestock graz-
ing permits, con* 
version. 
Right-of-way. 
Public fishing. 
Wildlife manage-
ment, cooperative 
agreements. 
Sunflower Flats, 
management. 
U.S. Forest 
Service, fire look-
out stations, use. 
of this Act are excluded, as paid under the provisions of the Act of 
May_ 23, 1908 (35 Stat. 260), as amended, shall not be affected by the 
elimination of lands from such national forests by the enactment of 
this Act. 
SEC. 4. The declaration of trust made by this Act shall be subject to 
the following provisions: 
(a) Commercial timber from lands described in section 2 shall con-
tinue to be sold by public oral auction with qualifying sealed bids 
imtil January 1,1992, such timber to be managed on a sustained yield 
basis, to be appraised and sold in accordance with established rules and 
regulations of the Secretary of Interior, and to be designated for pri-
mary manufacture in the United States. During such period until 
January 1, 1992, the Confederated Tribes of the Warm Springs Res-
ervation of Oregon shall not participate in the bidding and shall not 
purchase or cut and remove any of the timber from the McQuinn 
Strip. 
(b) Existing valid livestock grazing permits issued by the United 
States Government shall be converted to lease agreements between 
the Confederated Tribes of the Warm Springs Reservation of Oregon 
and the permittees, such leases to be on the same fee schedule, terms, 
and conditions as existing permits, except that the leases shall con-
tinue until January 1,1992. 
(c) For that poi-tion of the Pacific Crest Trail tra\ersing the lands 
in the McQuinn Strip, the Secretary of Agriculture shall retain a 
right-of-way of not to exceed 200 feet in width for continued admin-
istration by the Secretary as the Pacific Crest Trail in accord with 
the provisions of the National Trails System Act (82 Stat. 919, 16 
U.S.C. 1241-48). 
(d) All lakes within the boundaries of the lands transferred by this 
Act shall be open to public fishing, with appropriate access thereto, 
under rules and regulations adopted by the Confederated Tribes and 
approved by the Secretary of Interior. 
(e) The Confederated Tribes shall enter into a cooperative agree-
ment with the Oregon State Game Commission for the enforcement of 
State regulations and laws affecting hunting and fishing on all lands, 
streams, and lakes in the McQuinn Strip for a period of ten years from 
the date of this Act. The cooperative agreement shall give the commis-
sion the option to extend the agreement for an additional ten-year 
period if, m the judgment of said commission, additional time is re-
quired for the Confederated Tribes of the Warm Springs Reservation 
of Oregon to develop an effective program of fish and game manage-
ment on such lands. Notwithstanding the preceding provisions of this 
subsection, the cooperative agreement shall provide that the area 
known as Sunflower Flats, and described as follows: 
All of the ]McQuinn Strip within township 5 south and town-
ship 6 south, range 11 east of the Willamette meridian, Wasco 
County, Oregon, lying west of the Simnasho-Wapinitia Road, 
shall be managed jointly by the Confederated Tribes of the Warm 
Springs Reservation of Oregon and the Oregon State Game Commis-
sion until the agreement is canceled by mutual agreement, and that no 
hunting shall be permitted in such area without the joint agreement 
of both the Confederated Tribes and the Oregon State Game Com-
mission. 
(f) The United States Forest Service shall have the right to the use 
without charge of all fire lookout stations within the McQuinn Strip, 
and the improvements and the lands upon which such improvements 
are located at the Bear Springs Ranger Station for so long as they 
86 STAT. ] 
PUBLIC L
A
W 92.428-SEPT. 21, 1972 
721 
are needed: Provided^ That during such use, the Forest Service shall 
maintain the improvements. 
(g) All public campgrounds within the McQuinn Strip shall be 
campgrounds. 
jnanaged and maintained by the Confederated Tribes in perpetuity 
for use by the public with appropriate access thereto on the same basis 
that other comparable campgrounds are maintained by the Forest 
Service. 
(h) All public roads within the McQuinn Strip shall be maintained 
^"''^'' '''^'^'• 
as public roads in perpetuity. 
(i) The Confederated Tribes of the Warm Springs Reservation of fenc7ng.^°""'^^'^' 
Oregon shall place an adequate fence for the control of livestock along 
the north boundary of the McQuinn Strip as soon as practicable after 
the enactment of this Act: Provided^ That where fee patent lands are 
bisected by said north line, the Confederated Tribes shall pay 50 per 
centum of the cost of providing an adequate livestock fence along the 
boundary lines of such fee patent lands located within the McQuinn 
Strip in the event the owner of such fee patent lands shall desire to 
fence the same. On all fee patent lands located within the McQuinn 
^ost sharing. 
Strip, the Confederated Tribes shall pay 50 per centum of the cost 
of providing an adequate livestock fence around said fee patent lands 
provided the owner of such lands desires to fence the same. 
(j) The lands subject to this Act shall be subject to the Water Right ^ ^f/^^^J^*'' 
Agreement entered into on the 29th day of June 1971, recorded July 8, *'''**'"*" • 
1971, in the records of Wasco County, Oregon, under microfilm num-
bered 711138, between the Confederated Tribes of the Warm Springs 
Reservation of Oregon and the Juniper Flat District Improvement 
Company, an Oregon corporation., 
SEC. 5. The Confederated Tribes of the Warm Springs Reservation reguiaVion"s'! 
t)f Oregon, with the approval of the Secretary of Interior, shall pro-
mulgate such rules and regulations, and shall enter into sucn contracts 
with the State of Oregon and with individuals, organizations, and 
agencies of the United States, as may be necessary or desirable to effec-
tuate the provisions of this Act. 
Approved September 21, 1972. 
Public Law 92-428 
A N A C T 
September 21, 1972 
To aiiu'iul the statutory ceiling ou salaries paynble tn I'liirwl States magistrates. 
[H. R. 7375] 
U.S. magis-
trates. 
Be. it enacted by the Senate and Uov.^e of ReiJieiicntatlces of the 
United States of America in Congress asnenihled. That the first sen-
tence of subsection (a) of section 634 of title 28, I'nited States Code, ^
'
'
V
a
T
a
'
r
y ceiiing, 
is amended to read as follows: 
adjustment. 
•'Officers appointed under this chapter shall receive as full com- 
82stat. 1112 
pensation for their services salaries to be fixed by the conference 
pursuant to section 633 of this title, at rates for full-time and part-
time L'nited States magistrates not to exceed the rates now or hereafter 
provided for full-time and part-time referees m bankruptcy, respec-
tively, referred to in section 40a of the Bankruptcy Act (11 U.S.C. 
68(a*)), as amended, except that the salary of a part-time United =7° ^'^Vfil^^' 
States magistrate shall not be less than $100 nor more than $15,000 
per annum, and except that the salary of a full-time United States 
magistrate shall not exceed 75 percent of the salary now or hereafter 
provided for a jud^e of a district court of the L"'"nited States referred 
to in section 135 of title 28 of the United States ('ode.'- 
6
2 stat. 89?; 
Approved September 21, 1972. 
'* ^'^'- ^^^'