National BLM > OR/WA > Prineville > Planning

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.

Deschutes Market Road Parcel

In July 2009, the Bureau of Land Management (BLM) made the determination that 1,577acres commonly referred to as the “Deschutes Market Road” parcel should be retained by the BLM and not transferred to the State of Oregon Department of State Lands (DSL).

The BLM and the State have a long-standing relationship in Oregon, and 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. In townships where those sections had been conveyed, the State was allowed to select other lands “In Lieu” of the "school sections." DSL has been working with the BLM since the early 1990s to resolve the State’s entitlement under a joint Memorandum of Understanding.

In February 2008, the DSL filed application with the BLM to select public lands on the BLM’s Prineville District to largely satisfy this entitlement. Some of the lands identified in the DSL’s application required the BLM to reclassify the land as “suitable for disposal” prior to transfer to DSL.

The BLM made the determination not to dispose of the Deschutes Market Road parcels for a variety of reasons, including: the lands contain scarce values including wildlife habitat, scenic values, and historic resources; the area contains an Area of Critical Environmental Concern; and the lands continue to be valuable for the purposes for which they are currently managed.