State of Oregon In-Lieu Selection Process

Background

When Oregon was admitted into the Union in 1859, the Federal government granted sections 16 and 36 within every township to the State for support of public schools. However, if the Federal government had already disposed of these specific sections or reserved them for some other purpose, the State is allowed to select other public lands “in-lieu” of the unavailable sections.

The BLM continues to have an obligation to the State of Oregon under the Admission Act of 1859, and a 1995 Memorandum of Understanding (MOU) (PDF). The BLM reaffirmed its commitment to settling the debt in a 2005 letter (PDF) to the Oregon governor.

Earlier this year, the State of Oregon Department of State Lands (DSL) applied (see legal notice (PDF)) to receive approximately 1,580 acres of BLM-managed public land just south of the Boonesborough subdivision, off Deschutes Market Road, in central Oregon (see map (PDF)). A land report (PDF) has been prepared to describe the current condition of the selected parcel. Additional information is available in Q&A format (PDF).

Future Use of the Selected Parcel

The BLM is currently evaluating the DSL’s proposal to determine whether it would be in conformance with the BLM Upper Deschutes Resource Management Plan (RMP). Since the RMP identified the parcel to be retained in public ownership (Zone 1), we will need to reclassify the lands (to Zone 3) if the decision is to transfer the parcel to the DSL. This will require an RMP amendment. We are preparing an environmental assessment (EA) that will analyze the effects of the proposed action and several alternatives. The proposed action will be based on the State’s intended use of the parcel, as outlined in the 1995 MOU (PDF), and expressed in writing on June 12, 2008 (PDF) and July 23, 2008 (PDF). The alternatives will be based on BLM staff input and comments submitted by the public, agencies, and organizations during the scoping period (initiated with a notice (PDF) in the Federal Register). The BLM’s role is to respond to the selection and analyze alternatives to how the selection could, or could not, be accommodated. The BLM cannot analyze other parcels unless the DSL selects them, as outlined in the 1995 MOU (PDF).

Public Input

The Prineville District BLM will accept public scoping comments and comments on the proposed classification decision through August 15, 2008. Use the comment form (PDF) or whatever other format you wish. At a public meeting held in Bend on July 23, 2008, we showed an introductory slide show (PDF), handed out a list of preliminary issues (PDF), and collected comments that add to that list (on flip charts (PDF) and in comment box (PDF)).

There will be additional comment opportunities during the process, including a comment period on the draft EA and RMP amendment in fall 2008; and a protest period after publication of the EA, proposed RMP amendment, and initial classification decision in summer 2009.

Contact Information

If you would like to be placed on an electronic or postal mailing list for future updates, or if you have questions about the State of Oregon In Lieu Selection process, please contact the BLM at DSLSelection@blm.gov.