109th CONGRESS
1st Session
H. R. 3013
To provide for the disposal of certain Forest Service administrative
sites in the State of Oregon, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 21, 2005
Mr. DEFAZIO introduced the following bill; which was referred to the Committee
on Resources
A BILL
To provide for the disposal of certain Forest Service administrative
sites 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 `Oregon National Forest Administrative Site Disposal
Act'.
SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LANDS,
OREGON.
(a) Conveyance Authority- The Secretary of Agriculture (in this section referred
to as the `Secretary') may sell or exchange, under such terms and conditions
as the Secretary may prescribe, any or all right, title, and interest of the
United States in and to the following National Forest System lands and improvements
thereon located in the Rogue River, Siskiyou, Siuslaw, Umpqua, and Willamette
National Forests in the State of Oregon:
(1) TRACT ROR-A- Star Gulch Complex, Jacksonville, Oregon, consisting of
approximately 2.25 acres in the north half of section 28, township 39 south,
range 3 west, Willamette meridian, and containing the Star Gulch complex
buildings of the Applegate Ranger District.
(2) TRACT ROR-B- Butte Falls Houses, Butte Falls, Oregon, consisting of
approximately 0.50 acres in the S1/2NE1/4 of section 10, township 35 south,
range 2 east, Willamette meridian, and containing those Forest lands in
the Butte Falls Ranger District associated with Butte Falls Houses.
(3) TRACT SIS-A- Old Agness Guard Station, Agness, Oregon, consisting of
approximately 2.5 acres in the SE1/4, NE1/4, Lot 14, of section 7, township
35 south, range 11 west, Willamette meridian, and containing those Forest
lands in the Gold Beach Ranger District and associated administrative buildings
at the Old Agness Guard Station.
(4) TRACT SIS-B- Chetco Ranger District Housing Complex, Brookings, Oregon,
consisting of approximately 1.5 acres in the SW1/4, Block 29, of section
5, township 41 south, range 13 west, Willamette meridian, and containing
the Chetco Ranger District and the associated housing complex.
(5) TRACT SIS-C- Daycare center on Wallace Street in Gold Beach, Oregon,
consisting of approximately 0.25 acres.
(6) TRACT SIS-D- Powers South Work Center, Powers, Oregon, consisting of
approximately 1.59 acres in the east 1/2 of section 13, township 31 south,
range 12 west, Willamette meridian, and containing the South Compound site
and associated administrative buildings.
(7) TRACT SIU-B- Gardiner Administrative Site, Gardiner, Oregon, consisting
of approximately 3.4 acres in the NW1/4NE1/4 of section 22, township 21
south, range 12 west, Willamette meridian, and containing the Gardiner Administrative
Site and the associated administrative buildings.
(8) TRACT SIU-C- Waldport Administrative Site, Waldport, Oregon, consisting
of approximately 6.65 acres in the SW1/4SW1/4 of section 19, township 13
south, range 11 west, and the SE1/4SE1/4 of section 24, township 13 south,
range 12 west, Willamette meridian, and containing the Waldport Administrative
Site and the associated administrative buildings.
(9) TRACT UMP-A- Roseburg Service Center Administrative Site, Roseburg,
Oregon, consisting of approximately 2.92 acres in the NE 1/4 NW 1/4 of section
20, township 27 south, range 5 west, Umpqua meridian.
(10) TRACT UMP-B- Roseburg Powder House Administrative Site, Roseburg, Oregon,
consisting of approximately 1.34 acres in section 15, township 27 south,
range 5 west, Umpqua meridian.
(11) TRACT UMP-C- Brown Street Residence Administrative Site, Glide, Oregon,
consisting of approximately 2.35 acres in the E 1/2 NW 1/4 of section 19,
township 26 south, range 3 west, Umpqua meridian.
(12) TRACT WIL-A- Blue River Administrative Site, Blue River, Oregon, consisting
of approximately 31.91 acres in the SW1/4S1/2 of section 28, township 16
south, range 4 east, Willamette meridian, and containing the upper portion
of the Blue River Ranger District Compound and the associated administrative
buildings.
(13) TRACT WIL-B- Hemlock Houses, Westfir, Oregon, consisting of approximately
6 acres in section 12, township 21 south, range 2 east, Willamette meridian,
and containing those lands in Lot 2 associated with the Hemlock Houses.
(14) TRACT WIL-C- Flat Creek Administrative Site, Oakridge, Oregon, consisting
of approximately 45 acres in the NW1/4 of section 14, township 21 south,
range 3 east, Willamette meridian, and containing the Rigdon Ranger District
Compound and the associated administrative buildings.
(15) TRACT WIL-D- Subject to section 3, Rigdon Administrative Site, Oakridge,
Oregon, consisting of approximately 15 acres in the NE1/4NE1/4 of section
21, township 21 south, range 3 east, Willamette meridian, and containing
the Rigdon Ranger District Compound and the associated administrative buildings.
(16) TRACT WIL-F- Cascadia Administrative Site, Sweet Home, Oregon, consisting
of approximately 15 acres in the SE1/4 of section 36, township 13 south,
range 2 east, Willamette meridian, and containing the Cascadia Administrative
Site and the associated administrative buildings.
(17) TRACT WIL-O- Willamette National Forest Warehouse Administrative Site,
Eugene, Oregon, consisting of approximately 2.4 acres in the NW1/4SE1/4
of section 25, township 17 south, range 4 west, Willamette meridian, and
containing the Willamette National Forest Warehouse Administrative Site
and the associated administrative buildings.
(18) TRACT WIL-P- Westfir Residences, Westfir, Oregon, consisting of approximately
20 acres in the NW1/4SW1/4 of section 8, township 21 south, range 3 east,
Willamette meridian, and containing those lands associated with the Westfir
Residences of a community nature.
(b) Maps and Correction Authority- The lands described in subsection (a) (other
than in paragraphs (9), (10), and (11) of such subsection) are depicted on
maps entitled `Oregon Land Dispositions' and dated June 30, 2003. The lands
described in paragraphs (9), (10), and (11) of such subsection, Tracts UMP-A,
UMP-B, and UMP-C, are depicted on the map entitled `Umpqua National Forest
Land Dispositions' and dated June 1, 2003. The maps shall be on file and available
for public inspection in the office of the Chief of the Forest Service until
such time as the lands are conveyed. The Secretary may make minor corrections
to the maps and may modify the descriptions in subsection (a) to correct errors
or to reconfigure the lands to facilitate their conveyance.
(1) AUTHORIZED CONSIDERATION- Consideration for the conveyance of land described
in subsection (a) may include cash, land, including land with improvements
constructed to the specifications of the Secretary, or a combination thereof.
(2) CONVEYANCES TO PUBLIC ENTITIES- The Secretary may convey, without consideration,
to the State of Oregon or a local government for public purposes any or
all right, title and interest of the United States in and to land described
in subsection (a). The conveyance of land without consideration under this
paragraph shall be subject to such terms, conditions, and restrictions as
the Secretary considers appropriate, and the Secretary shall include in
the deed of conveyance a right of the United States to reenter and take
title to the land if the land is sold or conveyed to another party or is
devoted to a use other than the use for which the land was conveyed.
(3) AUTHORIZATION OF DIRECT SALE- In the case of the land described in paragraph
(17) of subsection (a), Tract WIL-O, the Secretary shall grant the Eugene
Mission the right to acquire the land in a direct sale for market value.
(1) IN GENERAL- The Secretary may convey land under subsection (a) at public
or private sale, including competitive sale by auction, bid, or otherwise,
in accordance with such terms, conditions, and procedures as the Secretary
determines will be in the best interests of the United States.
(2) SOLICITATIONS OF OFFERS- The Secretary may solicit offers for the conveyance
of land under subsection (a) on such terms and conditions as the Secretary
considers appropriate. The Secretary may reject any offer if the Secretary
determines that the offer is not adequate or not in the public interest.
(3) USE OF BROKERS- The Secretary may use real estate brokers in the conveyance
of lands under subsection (a), and may pay appropriate commissions commensurate
with the prevailing rates in the area.
(e) Valuation- Any appraisal considered necessary by the Secretary to convey
land described in subsection (a) shall conform to the Uniform Appraisal Standards
for Federal Land Acquisitions.
(f) Cash Equalization Payments- Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25 percent
of the value of any land conveyed by exchange under authority of subsection
(a).
(g) Deposit and Treatment of Proceeds- The Secretary shall deposit the proceeds
from the conveyance of the land described in subsection (a) in the fund established
under Public Law 90-171 (commonly known as the `Sisk Act'; 16 U.S.C. 484a).
No portion of the proceeds may be paid or distributed to the State of Oregon
or a county in the State under any provision of law, and the proceeds are
not moneys received from the National Forest for any purpose.
(h) Use of Deposited Funds-
(1) AUTHORIZED USES- Funds deposited pursuant to subsection (g) shall be
available to the Secretary, without further appropriation and until expended,
for the following purposes:
(A) The acquisition of land and interests in land for inclusion in a unit
of the National Forest System specified in subsection (a).
(B) The payment or reimbursement of costs incurred by the Forest Service
in processing and arranging conveyances under this section, including
the payment of real estate broker commissions authorized under subsection
(d).
(C) The acquisition or construction of new facilities, or the rehabilitation
of existing facilities, in a unit of the National Forest System specified
in subsection (a).
(2) LAND ACQUISITION- The use of the land acquisition authority provided
by paragraph (1)(A) is subject to the following conditions:
(A) The amount available for expenditure in each unit of the National
Forest System referred to in subsection (a) shall be equal to the amount
derived from the conveyance of land described in such subsection in that
unit, reduced by any costs incurred by the Forest Service in processing
those conveyances.
(B) Funds derived from conveyances under this section may be used for
the acquisition of lands and interests in land in other units of the National
Forest System in Oregon if the Regional Forester for Region 6 agrees to
such use.
(3) ADMINISTRATION OF LANDS ACQUIRED BY THE UNITED STATES- Lands acquired
by the Secretary under this subsection or acquired by exchange under this
section 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 other laws and regulations
pertaining to the National Forest System.
(i) Departmental Regulations- The Agriculture Property Management Regulations
shall not apply to any action taken pursuant to this section.
(j) Withdrawals and Revocations-
(1) PUBLIC LAND ORDERS- Effective as of the date of the enactment of this
Act, any public land orders applicable to the land described in subsection
(a) are revoked with respect to that lands.
(2) WITHDRAWAL- Subject to valid existing rights, land described in subsection
(a) are withdrawn from location, entry, and patent under the mining laws
of the United States.
SEC. 3. LAND CONVEYANCE, PORTION OF RIGDON ADMINISTRATIVE SITE, OAKRIDGE,
OREGON, TRACT WIL-D.
(a) Conveyance Required- The Secretary of Agriculture shall convey, without
consideration, to the City of Oakridge, Oregon (in the section referred to
as the `City)', all right, title, and interest of the United States in and
to the lower portion of the land described in section 2(a)(15), Tract WIL-D,
for the purpose of facilitating the establishment of a timber museum on the
conveyed land to be managed by the Upper Willamette Pioneer Association.
(b) Legal Description- The portion of Tract WIL-D to be conveyed to the City
under this section is located generally west of Rigdon Drive, but the Secretary
shall determine the exact acreage and description of the land to be conveyed.
The conveyed land may not include the five residential properties on the upper
portion of Tract WIL-D, generally located northeast of the intersection of
Highway 58 and Rigdon Drive.
(c) Condition of Conveyance- As a condition of the conveyance under this section,
the City and the Upper Willamette Pioneer Association shall agree to honor
the life and contributions of Loran L. `Stub' Stewart with an appropriate
display in the museum established on the conveyed property.
SEC. 4. BOUNDARY ADJUSTMENT, ROGUE-UMPQUA DIVIDE WILDERNESS, OREGON.
(a) Boundary Adjustment- The Rogue-Umpqua Divide wilderness boundary, as established
by the Oregon Wilderness Act of 1984 (Public Law 98-328; 98 Stat. 273; 16
U.S.C. 1132 note) and approved by the Forest Service on May 4, 1987, is adjusted
as depicted on the map entitled `Rogue-Umpqua Divide Wilderness Boundary Modification'
and dated May 6, 2003. The adjustment is more fully described as follows:
(1) Beginning at township 30 south, range 3 east, 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, township 30 south, range 3 east,
Willamette base and meridian, with an elevation of approximately 4150 feet.
(b) Map- The map referred to in subsection (a) shall be on file and available
for public inspection in the office of the Chief of the Forest Service. The
Secretary of Agriculture may correct technical errors in the map and legal
description specified in subsection (a).
END