[106th Congress Public Law 257] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ257.106] [[Page 650]] OREGON LAND EXCHANGE ACT OF 2000 [[Page 114 STAT. 650]] Public Law 106-257 106th Congress An Act To provide for the exchange of certain land in the State of Oregon. <<NOTE: Aug. 8, 2000 - [S. 1629]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Oregon Land Exchange Act of 2000.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Land Exchange Act of 2000''. 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 Bureau 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 described in paragraph (1) is intermingled with parcels of land that are owned by the United States or contain valuable fisheries and wildlife habitat desired by the United States; (3) the consolidation of land ownerships will facilitate sound and efficient management for both public and private lands; (4) the improvement of management efficiency through the land tenure adjustment program of the Department of the Interior, which disposes of small isolated tracts having low public resource values within larger blocks of contiguous parcels of land, would serve important public objectives, including-- (A) the enhancement of public access, aesthetics, and recreation opportunities within or adjacent to designated wild and scenic river corridors; (B) the protection and enhancement of habitat for threatened, endangered, and sensitive 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 administration, including a reduction in administrative costs to the United States; and [[Page 114 STAT. 651]] (ii) to reduce right-of-way, special use, and other permit processing and issuance for roads and other facilities on Federal land; (5) time is of the essence in completing a land exchange because further delays may force the identified 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 acquired; and (6) 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 endangered species habitat; and (B) permanent public use and enjoyment. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Clearwater'' means Clearwater Land Exchange-- Oregon, an Oregon partnership that signed the document entitled ``Assembled Land Exchange Agreement between the Bureau of Land Management and Clearwater Land Exchange--Oregon for the Northeast Oregon Assembled Lands Exchange, OR 51858'', dated October 30, 1996, and the document entitled ``Agreement to initiate'' with the Forest Service, dated June 30, 1995, or its successors or assigns; (2) the term ``identified landowners'' means private landowners identified by Clearwater and willing to exchange private land for Federal land in accordance with this Act; (3) the term ``map'' means the map entitled ``Northeast Oregon Assembled Land Exchange/Triangle Land Exchange'', dated November 5, 1999; and (4) the term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. SEC. 4. BLM--NORTHEAST OREGON ASSEMBLED LAND EXCHANGE. (a) In General.--Upon the request of Clearwater, on behalf of the appropriate identified landowners, the Secretary of the Interior shall exchange the Federal lands described in subsection (b) for the private lands described in subsection (c), as provided in section 6. (b) BLM Lands To Be Conveyed.--The parcels of Federal lands to be conveyed by the Secretary to the appropriate identified landowners are as follows-- (1) the parcel comprising approximately 45,824 acres located in Grant County, Oregon, within the Central Oregon Resource Area in the Prineville District of the Bureau of Land Management, as generally depicted on the map; (2) the parcel comprising approximately 2,755 acres located in Wheeler County, Oregon, within the Central Oregon Resource Area in the Prineville District of the Bureau of Land Management, as generally depicted on the map; (3) the parcel comprising approximately 726 acres located in Morrow County, Oregon, within the Baker Resource Area of the Vale District of Land Management, as generally depicted on the map; and (4) the parcel comprising approximately 1,015 acres located in Umatilla County, Oregon, within the Baker Resource Area [[Page 114 STAT. 652]] in the Vale District of the Bureau of Land Management, as generally depicted on the map. (c) Private Lands To Be Acquired.--The parcel of private lands to be conveyed by the appropriate identified landowners to the Secretary are as follows-- (1) the parcel comprising approximately 31,646 acres located in Grant County, Oregon, within the Central Oregon Resource Area in the Prineville District of the Bureau of Land Management, as generally depicted on the map; (2) the parcel comprising approximately 1,960 acres located in Morrow County, Oregon, within the Baker Resource Area in the Vale District of the Bureau of Land Management, as generally depicted on the map; and (3) the parcel comprising approximately 10,544 acres located in Umatilla County, Oregon, within the Baker Resource Area in the Vale District of the Bureau of Land Management, as generally depicted on the map. SEC. 5. FOREST SERVICE--TRIANGLE LAND EXCHANGE. (a) In General.--Upon the request of Clearwater, on behalf of the appropriate identified landowners, the Secretary of Agriculture shall exchange the Federal lands described in subsection (b) for the private lands described in subsection (c), as provided in section 6. (b) Forest Service Lands To Be Conveyed.--The National Forest System lands to be conveyed by the Secretary to the appropriate identified landowners comprise approximately 3,901 acres located in Grant and Harney Counties, Oregon, within the Malheur National Forest, as generally depicted on the map. (c) Private Lands To Be Acquired.--The parcels of private lands to be conveyed by the appropriate identified landowners to the Secretary are as follows-- (1) the parcel comprising approximately 3,752 acres located in Grant and Harney Counties, Oregon, within the Malheur National Forest, as generally depicted on the map; (2) the parcel comprising approximately 1,702 acres located in Baker and Grant Counties, Oregon, within the Wallowa-Whitman National Forest, as generally depicted on the map; and (3) the parcel comprising approximately 246 acres located in Grant and Wallowa Counties, Oregon, within or adjacent to the Umatilla National Forest, as generally depicted on the map. SEC. 6. LAND EXCHANGE TERMS AND CONDITIONS. (a) In General.--Except as otherwise provided in this Act, the land exchanges implemented by this Act shall be conducted in accordance with section 206 of the Federal Land Policy and Management Act (43 U.S.C. 1716) and other applicable laws. (b) Multiple Transactions.--The Secretary of the Interior and the Secretary of Agriculture may carry out a single or multiple transactions to complete the land exchanges authorized in this Act. (c) <<NOTE: Deadline.>> Completion of Exchanges.--Any land exchange under this Act shall be completed not later than 90 days after the Secretary and Clearwater reach an agreement on the final appraised values of the lands to be exchanged. [[Page 114 STAT. 653]] (d) Appraisals.--(1) The values of the lands to be exchanged under this Act shall be determined by appraisals using nationally recognized appraisal standards, including as appropriate-- (A) the Uniform Appraisal Standards for Federal Land Acquisitions (1992); and (B) the Uniform Standards of Professional Appraisal Practice. (2) To ensure the equitable and uniform appraisal of the lands to be exchanged under this Act, all appraisals shall determine the best use of the lands 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 Oregon Administrative Code. (3)(A) <<NOTE: Deadline.>> all appraisals of lands to be exchanged under this Act shall be completed, reviewed and submitted to the Secretary not later than 90 days after the date Clearwater requests the exchange. (B) <<NOTE: Public information.>> Not less than 45 days before an exchange of lands under this Act is completed, a comprehensive summary of each appraisal for the specific lands to be exchanged shall be available for public inspection in the appropriate Oregon offices of the Secretary, for a 15-day period. (4) After the Secretary approves the final appraised values of any parcel of the lands to be conveyed under this Act, the value of such parcel shall not be reappraised or updated before the completion of the applicable land exchange, except for any adjustments in value that may be required under subsection (e)(2). (e) Equal Value Land Exchange.--(1)(A) The value of the lands to be exchanged under this Act shall be equal, or if the values are not equal, they shall be equalized in accordance with section 206(b) of the Federal Land Policy and Management Act (43 U.S.C. 1716(b)) or this subsection. (B) The Secretary shall retain any cash equalization payments received under subparagraph (A) to use, without further appropriation, to purchase land from willing sellers in the State of Oregon for addition to lands under the administration of the Bureau of Land Management or the Forest Service, as appropriate. (2) If the value of the private lands exceeds the value of the Federal lands by 25 percent or more, Clearwater, after consultation with the affected identified landowners and the Secretary, shall withdraw a portion of the private lands necessary to equalize the values of the lands to be exchanged. (3) If any of the private lands to be acquired do not include the rights to the subsurface estate, the Secretary may reserve the subsurface estate in the Federal lands to be exchanged. (f) Land Titles.--(1) Title to the private lands to be conveyed to the Secretary shall be in a form acceptable to the Secretary. (2) The Secretary shall convey all right, title, and interest of the United States in the Federal lands to the appropriate identified landowners, except to the extent the Secretary reserves the subsurface estate under subsection (c)(2). (g) Management of Lands.--(1) Lands acquired by the Secretary of the Interior under this Act shall be administered in accordance with sections 205(c) of the Federal Land Policy and Management Act (43 U.S.C. 1715(c)), and lands acquired by the Secretary of Agriculture shall be administered in accordance with sections 205(d) of such Act (43 U.S.C. 1715(d)). (2) Lands acquired by the Secretary of the Interior pursuant to section 4 which are within the North Fork of the John Day [[Page 114 STAT. 654]] subwatershed shall be administered in accordance with section 205(c) of the Federal Land Policy and Management Act (43 U.S.C. 1715(c)), but shall be managed primarily for the protection of native fish and wildlife habitat, and for public recreation. The Secretary may permit other authorized uses within the subwatershed if the Secretary determines, through the appropriate land use planning process, that such uses are consistent with, and do not diminish these management purposes. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. Approved August 8, 2000. LEGISLATIVE HISTORY--S. 1629: --------------------------------------------------------------------------- HOUSE REPORTS: No. 106-747 (Comm. on Resources). SENATE REPORTS: No. 106-248 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 146 (2000): Apr. 13, considered and passed Senate. July 25, considered and passed House. <all>