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S 2221 IS

To authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the State of Oregon, and for other purposes.

March 22, 2004

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the State of Oregon, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Umpqua National Forest Land Management Act of 2004'.

SEC. 2. DEFINITIONS.

In this Act:

(1) SECRETARY- The term `Secretary' means the Secretary of Agriculture.

(2) STATE- The term `State' means the State of Oregon.

(3) UMPQUA MAP- The term `Umpqua map' means the map entitled `Umpqua National Forest Land Dispositions' and dated June 1, 2003.

(4) WILDERNESS MAP- The term `Wilderness map' means the map entitled `Rogue-Umpqua Divide Wilderness Boundary Modification' and dated May 6, 2003.

SEC. 3. SALE OR EXCHANGE OF UMPQUA NATIONAL FOREST ADMINISTRATIVE SITES.

(a) IN GENERAL- The Secretary may, under any terms and conditions that the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the parcels of National Forest System land described in subsection (b).

(b) DESCRIPTION OF LAND- The parcels of National Forest System land referred to in subsection (a) are--

(1) tract UMP-A, the Roseburg Service Center Administrative Site, Roseburg, Oregon, consisting of approximately 2.92 acres, and more particularly described as the NE 1/4 NW 1/4 portion of T. 27 S., R. 5 W., Sec. 20, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map;

(2) tract UMP-B, the Roseburg Powder House Administrative Site, Roseburg, Oregon, consisting of approximately 1.34 acres, and more particularly described as T. 27 S., R. 5 W., Sec. 15, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map; and

(3) tract UMP-C, the Brown Street Residence Administrative Site, Glide, Oregon, consisting of approximately 2.35 acres, and more particularly described as the E 1/2 NW 1/4 portion of T. 26 S., R. 3 W., Sec. 19, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map.

(c) MAP AND LEGAL DESCRIPTIONS-

(1) IN GENERAL- Until the date on which the parcels of land are sold or exchanged under subsection (a), the Umpqua map shall be on file and available for public inspection in the office of the Chief of the Forest Service.

(2) MODIFICATIONS- The Secretary may modify the Umpqua map and legal descriptions to--

(A) correct technical errors; or

(B) to facilitate the conveyance under subsection (a).

(d) CONSIDERATION- Consideration for the sale or exchange of land described in subsection (b) may be in the form of--

(1) cash;

(2) land; or

(3) other consideration, including the construction of improvements on the land in accordance with the specifications of the Secretary.

(e) SOLICITATIONS OF OFFERS-

(1) IN GENERAL- Subject to any terms and conditions that the Secretary may prescribe, the Secretary may solicit offers for the sale or exchange of land under this Act.

(2) REJECTION OF OFFERS- The Secretary may reject any offer received under this section if the Secretary determines that the offer is not--

(A) adequate; or

(B) in the public interest.

(f) METHODS OF SALE-

(1) IN GENERAL- The Secretary may sell the land described in subsection (b) at public or private sale (including auction), in accordance with such terms, conditions, and procedures that the Secretary determines to be appropriate.

(2) BROKERS- In any sale or exchange of land described in subsection (b), the Secretary may--

(A) use a real estate broker; and

(B) pay the real estate broker a commission in an amount comparable to the amounts of commission generally paid for real estate transactions in the area.

(g) VALUATION- If the Secretary determines that an appraisal is appropriate for a sale or exchange of land under this Act, the appraisal shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions.

(h) EQUALIZATION OF VALUES- Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any Federal land exchanged under this Act.

(i) DISPOSITION OF PROCEEDS-

(1) IN GENERAL- The Secretary shall deposit the net proceeds from a sales or exchange of land under this Act in the fund established under Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C. 484a).

(2) USE- Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation, for--

(A) the acquisition of land and interests in land in the Umpqua National Forest in the State;-

(B) the reimbursement of costs incurred by the Secretary in carrying out a sale or exchange of land under this Act, including the payment of real estate broker commissions under subsection (e)(2); and

(C) the acquisition or rehabilitation of existing facilities or construction of new facilities in Umpqua National Forest in the State.

(3) LIMITATION- Funds deposited under paragraph (1) shall not--

(A) be paid or distributed to States or counties under any provision of law; or

(B) be considered to be money received from units of the National Forest System for purposes of--

(i) the Act of May 23, 1908 (16 U.S.C. 500); or

(ii) the Act of March 4, 1913 (16 U.S.C. 501).

(j) WITHDRAWALS AND REVOCATION OF PUBLIC LAND ORDERS-

(1) WITHDRAWAL- Subject to valid existing rights, all land described in subsection (b) is withdrawn from location, entry, and patent under the public land laws, mining laws, and mineral leasing laws of the United States (including geothermal leasing laws).

(2) REVOCATION OF PUBLIC LAND ORDERS- The Secretary shall revoke any public land orders in existence on the date of enactment of this Act that withdraw the land from all forms of appropriation under the public land laws, to the extent that the orders apply to the land described in subsection (b).

SEC. 4. WILDERNESS BOUNDARY ADJUSTMENT.

(a) BOUNDARY ADJUSTMENT- The Rogue-Umpqua Divide wilderness boundary, as established by the Oregon Wilderness Act of 1984 (Public Law 98-328) and approved by the Forest Service on May 4, 1987, is adjusted as depicted on the Wilderness map and described as follows:

(1) Beginning at T. 30 S., R. 3 E., Willamette Base and Meridian, from Angle Point 927 of the legal boundary description monumented with a 2 inch diameter brass cap, set in cement, marked `USDA FOREST SERVICE AP 927 2001'.

(2) Thence North 63«3934" East, 3700.00 feet to new Angle Point 927B.

(3) Thence South 84«2000" East, 360.00 feet to new Angle Point 927C.

(4) Thence on a line northeasterly, approximately 330 feet, to original Angle Point 928, which is monumented with a 1 1/2 inch diameter aluminum cap, on a 5/8 diameter rod driven flush with the ground, marked `AP 928 1999'.

(5) Thence North 23«0000" West, 175.00 feet to new Angle Point 928A.

(6) Thence on a line northeasterly, 1260 feet, more or less, to original Angle Point 929, which is described in the legal boundary description as `A high point on a ridge' in Section 7, T. 30 S., R. 3 E., W.M., with an elevation of approximately 4150 feet.

(b) MAP-

(1) IN GENERAL- The Wilderness map shall be on file and available for public inspection in the office of the Chief of the Forest Service.

(2) TECHNICAL CORRECTIONS- The Secretary may correct technical errors in--

(A) the Wilderness map; and

(B) the legal descriptions.

SEC. 5. APPLICABLE LAW.

(a) IN GENERAL- Land transferred or otherwise acquired by the Secretary under this Act shall be managed in accordance with the Act of March 1, 1911 (commonly known as the `Weeks Act') (16 U.S.C. 480 et seq.), and the other laws (including regulations) relating to the National Forest System.

(b) EXEMPTION FROM PROPERTY MANAGEMENT REGULATIONS- Part 1955 of title 7, Code of Federal Regulations (or a successor regulation), shall not apply to any sale or exchange of National Forest System land under this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.

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