[107th Congress Public Law 374]
[From the U.S. Government Printing Office]


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[DOCID: f:publ374.107]


[[Page 116 STAT. 3111]]

Public Law 107-374
107th Congress

                                 An Act


 
To direct the Secretary of the Interior to grant to Deschutes and Crook 
      Counties in the State of Oregon a right-of-way to West Butte 
              Road. <<NOTE: Dec. 19, 2002 -  [H.R. 4953]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COUNTY RIGHT-OF-WAY TO WEST BUTTE ROAD IN THE STATE OF 
            OREGON.

    (a) Definitions.--In this Act:
            (1) West butte road.--The term ``West Butte Road'' means the 
        unpaved Bureau of Land Management road in the State of Oregon 
        identified on the map as BLM Road 6520.
            (2) County.--The term ``County'' means each of Crook County 
        and Deschutes County in the State of Oregon.
            (3) Map.--The term ``map'' means the map entitled ``West 
        Butte Road Right of Way'' dated July 17, 2002.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.

    (b) Grant to Counties.--Notwithstanding any other Act, and subject 
to subsection (d), the Secretary shall grant to each County a right-of-
way to the West Butte Road.
    (c) Boundaries.--
            (1) In general.--Subject to paragraph (2), the rights-of-way 
        granted under subsection (b) shall--
                    (A) extend in length from Reservoir Road in Crook 
                County to United States Route 20 in Deschutes County, 
                Oregon; and
                    (B) shall extend in width 100 feet on each side of 
                the centerline of West Butte Road.
            (2) Modifications.--
                    (A) State roads.--
                          (i) In general.--The Secretary shall amend the 
                      existing rights-of-way of each of the Counties as 
                      contained in their respective road case files to 
                      include the rights-of-way granted under subsection 
                      (b).
                          (ii) Effect.--The rights-of-way amended under 
                      clause (i) shall be subject to the common terms, 
                      conditions, and stipulations identified in the 
                      Counties' rights-of-way grants that apply on the 
                      date of enactment of this Act.
                          (iii) Consideration of environmental 
                      concerns.--Environmental concerns associated with 
                      any development of the West Butte Road shall be 
                      addressed by the County in meeting compliance 
                      requirements

[[Page 116 STAT. 3112]]

                      associated with State and Federal highway projects 
                      and the National Environmental Policy Act of 1969 
                      as administered by the Federal Highway 
                      Administration.
                    (B) West butte road.--Notwithstanding any other Act, 
                the Secretary shall provide for adjustment to the right-
                of-way width and alignment granted under subsection (b) 
                in portions of the West Butte Road necessary for the 
                road to meet applicable State and Federal highway 
                standards.

SEC. 2. RELINQUISHMENT OF RIGHT-OF-WAY.

    The right-of-way granted to each County under subsection (b) of 
section 1 shall be contingent upon the Counties relinquishing any right, 
title, or interest in and to any RS 2477 right-of-way claim held by the 
Counties to the portion of the road known as George Millican Road that 
is located in the area described in subsection (c)(1) of section 1.

    Approved December 19, 2002.

LEGISLATIVE HISTORY--H.R. 4953 (S. 2482):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-637 (Comm. on Resources).
SENATE REPORTS: No. 107-277 accompanying S. 2482 (Comm. on Energy and 
Natural Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Sept. 24, considered and passed House.
            Nov. 19, considered and passed Senate.

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