[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10082 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10082
To provide for the establishment of a grazing management program on
Federal land in Malheur County, Oregon, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2024
Mr. Bentz (for himself and Mr. Fulcher) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the establishment of a grazing management program on
Federal land in Malheur County, 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 Owyhee Wilderness and
Community Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) County.--The term ``County'' means Malheur County,
Oregon.
(3) Federal land.--The term ``Federal land'' means land in
the County managed by the Bureau.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Oregon.
(6) State lands.--The term ``State lands'' means any lands
owned by the State of Oregon.
(7) Malheur c.e.o. group.--The term ``Malheur C.E.O.
Group'' means the group established by section 4(b).
(8) Private lands.--The term ``Private lands'' means any
land that is privately owned, and not owned by any local,
State, or Federal Government or agency.
(9) Operational flexibility.--The term ``operational
flexibility'', with respect to grazing on the Federal land,
means--
(A) a seasonal adjustment of livestock positioning
for the purposes of that grazing pursuant to a flexible
grazing use authorized under the program with respect
to which written notice is provided; or
(B) an adjustment of water source placement with
respect to which written notice is provided.
(10) Program.--The term ``program'' means the Malheur
County Grazing Management Program authorized under section
3(a).
SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.
(a) In General.--The Secretary shall carry out a grazing management
program on the Federal land, to be known as the ``Malheur County
Grazing Management Program'', in accordance with applicable law
(including regulations) and the memorandum entitled ``Bureau of Land
Management Instruction Memorandum 2018-109'' (as in effect on September
30, 2021), for the purpose of providing to authorized grazing
permittees and lessees, and for providing interim operational
flexibilities as set forth herein.
(b) Permit Operational Flexibility.--
(1) Flexible grazing use alternative for a grazing permit
or lease.--Solely at the request of an authorized grazing
permittee or lessee, for purposes of renewing a grazing
permittee or lessee's grazing permit or lease under the
program, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Secretary shall develop and
analyze at least 1 alternative to provide operational
flexibility in livestock grazing use to account for changing
conditions.
(2) Interim operational flexibilities.--If an applicable
monitoring plan has been adopted under paragraph (3), to meet
or make significant progress in meeting applicable Rangeland
Health Standards and applicable livestock management objectives
in the applicable land use plan, on the request of an
authorized grazing permittee or lessee, the Secretary, using
new and existing data, shall allow a variance to the terms and
conditions of the existing applicable grazing permit or lease
for the applicable year due to changes in weather, forage
production, effects of fire or drought, or other temporary
conditions--
(A) to adjust the season of use, the beginning date
of the period of use, the ending date of the period of
use, or both the beginning date and ending date, as
applicable, under the grazing permit or lease, subject
to the requirements that--
(i) unless otherwise specified in the
appropriate allotment management plan or any
other activity plan that is the functional
equivalent to the appropriate allotment
management plan under section 4120.2(a)(3) of
title 43, Code of Federal Regulations (or a
successor regulation), the applicable adjusted
date of the season of use occurs--
(I) not earlier than 14 days be
before the beginning date specified in
the applicable permit or lease; and
(II) not later than 14 days after
the ending date specified in the
applicable permit or lease; and
(ii) the authorized grazing permittee or
lessee provides written notice of the
adjustment to the Bureau not later than 2
business days before the date of adjustment;
(B) to adjust the dates for pasture rotation by not
more than 14 days, subject to the requirement that the
authorized grazing permittee or lessee shall provide to
the Bureau written notice of the adjustment not later
than 2 business days before the date of adjustment; and
(C) to adjust the placement of existing water
structures for livestock or wildlife, subject to
applicable water right laws, that any adjustment should
not be placed within 100 yards from any associated
roads and the requirement that the authorized grazing
permittee or lessee shall provide to the Bureau written
notice of the adjustment not later than 2 business days
before the date of adjustment.
(3) Monitoring plans for permit flexibility.--
(A) In general.--The Secretary shall adopt
cooperative rangeland monitoring plans to apply to
actions taken under paragraph (2) and to monitor and
evaluate current permitted livestock use upon the
pasture(s) or allotment(s) to be monitored as related
to whether such livestock use is the significant factor
or not in meeting or making significant progress in
meeting applicable Rangeland Health Standards and
applicable livestock management objectives in the
applicable land use plan.
(B) Requirements.--A monitoring plan developed
under subparagraph (A) shall be based upon existing
ecological conditions with reliance upon the ecological
site descriptions, including the State and transitions
models, as defined by the Chief of the Natural
Resources Conservation Service, of the area to be
monitored, and shall--
(i) evaluate the percent utilization of
available forage, the existing ecological
condition, and the trend of ecological
condition of the area to be monitored;
(ii) include--
(I) a description of the
utilization standards for which the
monitoring is tracking, including
baseline ecological conditions and
desired outcome ecological conditions;
(II) a description of utilization
evaluation protocol;
(III) an evaluation schedule
identifying periods during which
utilization data will be collected;
(IV) provisions for adjusting any
components of the monitoring plan,
including acceptance of data from
identified third parties; and
(V) a description of the method to
communicate the criteria for adjusting
livestock grazing use based on the on-
the-ground ecological conditions after
the period of use; and
(iii) provide for annual reports on the
effects of flexibility in grazing permit or
lease uses under the program to allow the
Secretary to make management adjustments to
account for the information provided in the
annual report.
(4) Terms and conditions.--
(A) Preferred alternative.--If the Secretary
determines that an alternative considered under the
program that provides operational flexibility is the
preferred alternative, the Secretary shall--
(i) incorporate the alternative, including
applicable monitoring plans adopted under
paragraph (3), into the terms and conditions of
the applicable grazing permit or lease; and
(ii) specify how the monitoring information
with respect to the preferred alternative
should be used to inform management adjustments
under the program.
(B) Additional requirements.--The Secretary may
include any other requirements in a permit or lease
with respect to which an alternative has been
incorporated under subparagraph (A) that the Secretary
determines to be necessary.
(c) No Effect on Grazing Privileges.--Nothing in this Act--
(1) affects grazing privileges provided under the Act of
June 28, 1934 (commonly known as the ``Taylor Grazing Act''; 43
U.S.C. 315 et seq.);
(2) requires the Secretary to consider modifying or
terminating the classification of any existing grazing district
on the Federal land in any subsequent plan or decision of the
Secretary; or
(3) precludes the Secretary from modifying or terminating
an existing permit or lease in accordance with applicable law
(including regulations).
SEC. 4. MALHEUR C.E.O. GROUP.
(a) Definitions.--In this section:
(1) Consensus.--The term ``consensus'' means a unanimous
agreement by the voting members of the Malheur C.E.O. Group
present and constituting a quorum at a regularly scheduled
business meeting of the Malheur C.E.O. Group.
(2) Federal agency.--
(A) In general.--The term ``Federal agency'' means
an agency or department of the Government of the United
States.
(B) Inclusions.--The term ``Federal agency''
includes--
(i) the Bureau of Reclamation;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau;
(iv) the United States Fish and Wildlife
Service; and
(v) the Natural Resources Conservation
Service.
(3) Quorum.--The term ``quorum'' means 1 more than \1/2\ of
the voting members of the Malheur C.E.O. Group.
(b) Establishment.--There is established the Malheur C.E.O. Group
to assist in carrying out this section.
(c) Membership.--
(1) In general.--The Malheur C.E.O. Group shall consist of
8 voting members, to be appointed by the Secretary, based on
recommendations from the Vale District Bureau manager and the
County commissioners, of whom--
(A) 3 shall be representatives of grazing
permittees and lessees in the County;
(B) 3 shall be representatives of other businesses
or conservation organizations in the County, of whom at
least 2 shall reside in the County; and
(C) 1 shall be a representative of the Burns Paiute
Tribe and 1 shall be a representative of the Fort
McDermott Tribe.
(2) Appointment.--
(A) Initial appointments.--Not later than 180 days
after the date of enactment of this Act, all will be
selected by the county court through submitted
application by any interest parties.
(B) Terms.--Each member of the Malheur C.E.O. Group
shall serve for a term of 3 years.
(C) Reappointment.--A member of the Malheur C.E.O.
Group may be reappointed for 1 or more additional 3-
year terms.
(D) Vacancies.--A vacancy on the Malheur C.E.O.
Group shall be filled--
(i) as soon as practicable after the
vacancy occurs; and
(ii) in the same manner as the original
appointment.
(d) Projects.--
(1) In general.--The Malheur C.E.O. Group shall propose
eligible projects described in paragraph (2) on Federal land
and water and non-Federal land and water in the County to be
carried out by the Malheur C.E.O. Group or a third party, using
funds provided by the Malheur C.E.O. Group, if a consensus of
the Malheur C.E.O. Group approves the proposed eligible
project.
(2) Description of eligible projects.--An eligible project
referred to in paragraph (1) is a project--
(A) that complies with existing law (including
regulations); and
(B) relating to--
(i) ecological restoration, including
development, planning, and implementation;
(ii) range improvements for the purpose of
providing more efficient and effective
ecologically beneficial management of domestic
livestock, fish, wildlife, or habitat;
(iii) invasive species management or
eradication, including invasive weeds,
vegetation, fish, or wildlife;
(iv) restoration of springs and related
water infrastructure to enhance the
availability of sustainable flows of freshwater
for livestock, fish, or wildlife;
(v) conservation of cultural sites;
(vi) economic development or recreation
management; or
(vii) research, monitoring, or analysis.
(3) Requirement.--
(A) In general.--In the case of an eligible project
proposed under paragraph (1) that is to be carried out
on Federal land or requires the use of Federal funds,
the project may not be carried out without the approval
of the head of the applicable Federal agency.
(B) Failure to approve.--If an eligible project
described in subparagraph (A) is not approved by the
head of the applicable Federal agency, not later than
14 business days after the date on which the proposal
is submitted to the head of the applicable Federal
agency, the head of the Federal agency shall provide to
the Malheur C.E.O. Group in writing a description of
the reasons for not approving the proposed eligible
project.
(4) Failure to approve by consensus.--If an eligible
project proposed under paragraph (1) is not agreed to by
consensus after 3 votes are conducted by the Malheur C.E.O.
Group, the proposed eligible project may be agreed to by a
quorum of the members of the Malheur C.E.O. Group, subject to
the limitations that--
(A) the eligible project may not be carried out on
Federal land; and
(B) no Federal funds may be used for an eligible
project that is agreed to in accordance with this
paragraph.
(5) Acceptance of donations.--The Malheur C.E.O. Group
may--
(A) accept and place into a trust fund any
donations, grants, or other funds received by the
Malheur C.E.O. Group; and
(B) use amounts placed into a trust fund under
paragraph (1) to carry out eligible projects approved
in accordance with this section, including eligible
projects carried out on Federal land or water or using
Federal funds, if the project is approved by the head
of the applicable Federal agency.
(6) Cost-sharing requirement.--
(A) In general.--The Federal share of the total
cost of an eligible project carried out using amounts
made available under subsection (i) shall be not more
than 75 percent.
(B) Form of non-federal contribution.--The non-
Federal contribution required under subparagraph (A)
may be provided in the form of in-kind contributions.
(7) Funding recommendations.--All funding recommendations
developed by the Malheur C.E.O. Group shall be based on a
consensus of the Malheur C.E.O. Group members.
(e) Technical Assistance.--Any Federal agency with authority and
responsibility in the County shall, to the extent practicable, provide
technical assistance to the Malheur C.E.O. Group on request of the
Malheur C.E.O. Group.
(f) Public Notice and Participation.--The Malheur C.E.O. Group
shall conduct all meetings subject to applicable open meeting and
public participation laws.
(g) Priorities.--For purposes of approving eligible projects
proposed under subsection (d)(1), the Malheur C.E.O. Group shall give
priority to voluntary habitat, range, and ecosystem restoration
projects focused on improving the long-term ecological health of the
Federal land and natural bodies of water.
(h) Additional Projects.--To the extent permitted by applicable law
and subject to the availability of appropriations, Federal agencies may
contribute to the implementation of projects recommended by the Malheur
C.E.O. Group and approved by the Secretary.
(i) Effect.--
(1) Existing activities.--The activities of the Malheur
C.E.O. Group shall supplement, and not replace, existing
activities to manage the natural resources of the County.
(2) Legal rights, duties, or authorities.--Nothing in this
section affects any legal right, duty, or authority of any
person or Federal agency, including any member of the Malheur
C.E.O. Group.
SEC. 5. WILDERNESS DESIGNATIONS AND OTHER LAND DESIGNATIONS AND RELATED
MANAGEMENT TO DESIGNATIONS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means each of:
(A) Wilderness Area Maps exhibits 1 through 17.
(B) Existing Road Maps-Roads Exhibits 1 through 6.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Designation of Wilderness Areas.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the County
comprising approximately 926,588 acres, as generally depicted
on the Map, is designated as wilderness and as components of
the National Wilderness Preservation System:
(A) Fifteenmile creek wilderness.--Certain Federal
land, comprising approximately 61,647 acres, as
generally depicted on the Map, which shall be known as
the ``Fifteenmile Creek Wilderness''.
(B) Oregon canyon mountains wilderness.--Certain
Federal land, comprising approximately 53,559 acres, as
generally depicted on the Map, which shall be known as
the ``Oregon Canyon Mountains Wilderness''.
(C) Twelvemile creek wilderness.--Certain Federal
land, comprising approximately 38,099 acres, as
generally depicted on the Map, which shall be known as
the ``Twelvemile Creek Wilderness''.
(D) Upper west little owyhee wilderness.--Certain
Federal land, comprising approximately 93,199 acres, as
generally depicted on the Map, which shall be known as
the ``Upper West Little Owyhee Wilderness''.
(E) Lookout butte wilderness.--Certain Federal
land, comprising approximately 66,242 acres, as
generally depicted on the Map, which shall be known as
the ``Lookout Butte Wilderness''.
(F) Mary gautreaux owyhee river canyon
wilderness.--Certain Federal land, comprising
approximately 211,679 acres, as generally depicted on
the Map, which shall be known as the ``Mary Gautreaux
Owyhee River Canyon Wilderness''.
(G) Jordan craters wilderness.--Certain Federal
land, comprising approximately 29,255 acres, as
generally depicted on the Map, which shall be known as
the ``Jordan Craters Wilderness''.
(H) Owyhee breaks wilderness.--Certain Federal
land, comprising approximately 31,637 acres, as
generally depicted on the Map, which shall be known as
the ``Owyhee Breaks Wilderness''.
(I) Dry creek wilderness.--Certain Federal land,
comprising approximately 33,209 acres, as generally
depicted on the Map, which shall be known as the ``Dry
Creek Wilderness''.
(J) Dry creek buttes wilderness.--Certain Federal
land, comprising approximately 88,289 acres, as
generally depicted on the Map, which shall be known as
the ``Dry Creek Buttes Wilderness''.
(K) Upper leslie gulch wilderness.--Certain Federal
land, comprising approximately 2,997 acres, as
generally depicted on the Map, which shall be known as
the ``Upper Leslie Gulch Wilderness''.
(L) Slocum creek wilderness.--Certain Federal land,
comprising approximately 7,534 acres, as generally
depicted on the Map, which shall be known as the
``Slocum Creek Wilderness''.
(M) Honeycombs wilderness.--Certain Federal land,
comprising approximately 41,122 acres, as generally
depicted on the Map, which shall be known as the
``Honeycombs Wilderness''.
(N) Cottonwood creek wilderness.--Certain Federal
land, comprising approximately 72,597 acres, as
generally depicted on the Map, which shall be known as
the ``Cottonwood Creek Wilderness''.
(O) Lower owyhee canyon wilderness.--Certain
Federal land, comprising approximately 77,121 acres, as
generally depicted on the Map, which shall be known as
the ``Lower Owyhee Canyon Wilderness''.
(P) Wild horse basin wilderness.--Certain Federal
land, comprising approximately 18,402 acres, as
generally depicted on the Map, which shall be known as
the ``Wild Horse Basin Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of each wilderness
area.
(B) Effect.--Each map and legal description
prepared under subparagraph (A) shall have the same
force and effect as if included in this Act, except
that the Secretary may correct clerical and
typographical errors in the map or legal description.
(C) Public availability.--The maps and legal
descriptions prepared under subparagraph (A) shall be
on file and available for public inspection in the
appropriate offices of the Bureau.
(3) Management.--
(A) In general.--Subject to valid existing rights,
the wilderness areas shall be administered by the
Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(i) any reference in that Act to the
effective date of that Act shall be considered
to be a reference to the date of enactment of
this Act; and
(ii) any reference in that Act to the
Secretary of Agriculture shall be considered to
be a reference to the Secretary.
(B) Grazing.--The Secretary shall allow the
continuation of the grazing of livestock, in the
wilderness areas, if established before the date of
enactment of this Act, in accordance with--
(i) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)); and
(ii) the ``guidelines and policies'' set
forth in Appendix A of the report of the
Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R.
2570 of the 101st Congress (H. Rept. 101-405
dated February 21, 1990).
The ``number of livestock permitted'' as used in
``guideline and policy'' number 1 shall mean the
``Permitted use'' animal unit months prescribed in the
existing Grazing Permits upon enactment of this Act, in
addition to any Nonrenewal Grazing Permits issued by
the Bureau within a 10-year period before enactment of
this Act. Said Appendix A shall control over of clause
(i).
(C) Roads adjacent to and within wilderness
areas.--The Secretary shall allow the continuation of
motorized use of road access upon the cherry stem roads
shown in Exhibits 1 to 6 on the Road Map noted in
section 5(a)(1)(A) and shall allow the continuation of
motorized use of road access in any wilderness
designated in subsection (b)(1) to that access allowed
in accordance with section 4(c) of the Wilderness Act
(16 U.S.C. 1133(c)).
(i) Nothing in this Act requires any
restriction, inclusive of closure or seasonal
closure, of any road outside but adjacent to
the boundary of any wilderness designed in
subsection (b)(1).
(ii) The Secretary shall provide reasonable
access to any private lands, State lands, or
tribal lands within the boundaries of any
wilderness designated in subsection (b)(1), or
to any Private lands, State lands, or Tribal
lands near or adjacent to any wilderness area
that require reasonable road access across any
wilderness area if road access is not otherwise
provided under subsection (a)(1)(A). For
purposes of this clause, the term ``reasonable
access'' includes any road existing on the date
of enactment of this Act. Any road within or
across any wilderness designated in subsection
(b)(1) shall be not less than 30-feet on each
side of the centerline of the road.
(iii) This Act shall not preclude use on
any wilderness in subsection (b)(1) of
mechanical equipment including chainsaws,
backhoe excavators, caterpillar tractors, or
the like for the purpose of wildfire
suppression, invasive species control,
activities necessary for management of
livestock present on the land under grazing
permits (including but not limited to
distribution of salt, maintenance on the roads,
replacement or repair of water facilities and
fencing, doctoring cattle, dispersing of
livestock, or gathering, or removal of
livestock).
(iv) Motorized use of those roads
identified in subsection (a)(1)(A) shall
include use by the following:
(I) members of the Burns-Paiute
Tribe (for cultural purposes only);
(II) the Bureau for fire
suppression, invasive weed control, and
range management activities;
(III) grazing permittees and their
agents and invitees for road
maintenance, distribution of salt,
replacement and repair of water
facilities, replacement and repair of
fencing, predator control, and invasive
weed control (as allowed by the
Bureau), fire suppression, and
livestock management;
(IV) private land owners and their
agents, contractors, employees, and
invitees as related to access to their
private land, as provided for in clause
(ii); and
(V) the county and the State and
their agents, contractors and employees
as related to access to State lands and
to access to any county public roads,
as provided for in as provided for in
clause (ii).
(D) Fish and wildlife management activities.--
(i) In general.--In furtherance of the
purposes and principles of the Wilderness Act
(16 U.S.C. 1131 et seq.), the Secretary may
conduct any management activities that are
necessary to maintain or restore fish and
wildlife populations and habitats in the
wilderness areas, if the management activities
are--
(I) consistent with applicable
wilderness management plans; and
(II) conducted in accordance with
the ``General Policy'' inclusive of the
``Guidelines'' therein established in
Appendix B of the report of the
Committee on Interior and Insular
Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st
Congress (House Report 101-405 dated
February 21, 1990).
(ii) Inclusions.--Management activities
under clause (i) may include the occasional and
temporary use of motorized vehicles, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values while causing the
minimum impact necessary to accomplish those
tasks.
(E) Existing activities.--Consistent with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1))
and in accordance with appropriate policies, such as
the policies established in Appendix B of the report of
the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the
101st Congress (House Report 101-405 dated February 21,
1990), the State may use aircraft (including
helicopters) in the wilderness areas to survey capture,
transplant, monitor, and provide water for wildlife
populations, including bighorn sheep and feral stock,
feral horses, and feral burros.
(c) Management of Federal Land Not Designated as Wilderness.--
(1) Finding.--Congress finds that, for purposes of section
201(a) and section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711(a); 1782(c)), the
Federal land designated in this Act as wilderness and all other
Federal land in the County has been adequately inventoried and
studied to allow for wilderness purposes.
(2) Redesignation.--All Federal land managed by the Bureau
in the County not included in the land designated herein as
wilderness and all other Federal land described in paragraph
(1)--
(A) is released and is no longer subject to section
603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)) for wilderness study area
purposes;
(B) is no longer subject to section 201(a) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1711(a)) for wilderness purposes; and
(C) shall be managed for values unrelated to
wilderness purposes and shall be managed for the
principal or major uses (as defined in section 103(l)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702(l))), in accordance with any applicable
land use plan adopted under section 202 of that Act (43
U.S.C. 1712).
(d) The Amended Notice.--Three years after the date of enactment of
this Act, and to conform to give effect to this Act, the Secretary
shall initiate a process to amend the notice entitled ``Notice of
Availability of the Record of Decision and Approved Resource Management
Plan Amendment for the Southeastern Oregon Resource Management Plan,
Vale District, Oregon'' published by the Bureau of Land Management in
the Federal Register on February 2, 2024 (89 Fed. Reg. 14090) and
amended on February 26, 2024. This amendment shall include the
associated Wilderness Plan for the designated wilderness established in
this Act and shall include a Travel Management Plan. The Secretary
shall complete the land use plan amended process within 24 months after
initiation of the process to amend in accordance with section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
(e) Limitation on Certain Restrictions by the Bureau Relating to
Federal Lands Under the Southeastern Oregon Resource Management Plan
Not Designated as Wilderness in This Act.--
(1) Road maps.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall publish a map
depicting all existing roads on lands marked as ``Unit
Protected for Wilderness Characteristics'' and ``Unit Managed
for Other Resources'' in the notice entitled ``Notice of
Availability of the Record of Decision and Approved Resource
Management Plan Amendment for the Southeastern Oregon Resource
Management Plan, Vale District, Oregon'' published by the
Bureau of Land Management in the Federal Register on February
2, 2024 (89 Fed. Reg. 14090) and amended on February 26, 2024.
(2) Access.--The Secretary shall not restrict the use of
motorized vehicles on the roads described in paragraph (1) or
on lands designated as ``Unit Protected for Wilderness
Characteristics'' or ``Unit Managed for Other Resources'' in
the notice described in paragraph (1) for--
(A) members of the Burns-Paiute Tribe;
(B) livestock grazing permittees;
(C) the Bureau as necessary for range management
including mechanical suppression of fire or invasive
weeds;
(D) private land owners and their agents,
contractors, employees, and invitees as related to
access to their private land; and
(E) the county and the State and their agents,
contractors, and employees as related to access to
State lands and to access to any county public roads.
(3) Grazing.--The Secretary shall not reduce or restrict
grazing of permittees or lessees on the Federal land designated
as ``Unit Protected for Wilderness Characteristics'' or ``Unit
Managed for Other Resources'' in the notice described in
paragraph (1).
(4) Continuation of limitations.--The limitations in this
subsection shall be carried forward in the amended land use
plan as prescribed to be developed in accordance with
subsection (e).
SEC. 6. LAND CONVEYANCES TO BURNS PAIUTE TRIBE AND CASTLE ROCK CO-
STEWARDSHIP AREA.
(a) Jonesboro Ranch, Road Gulch, and Black Canyon Land
Conveyances.--
(1) Conveyance and taking into trust.--
(A) Title.--As soon as practicable after the date
of enactment of this Act, the Secretary shall accept
title to the land described in paragraph (2), if
conveyed or otherwise transferred to the United States
by, or on behalf of, the Burns Paiute Tribe.
(B) Trust.--Land to which title is accepted by the
Secretary under subparagraph (A) shall be held in trust
by the United States for the benefit of the Burns
Paiute Tribe.
(2) Description of land.--The land referred to in paragraph
(1)(A) is the following:
(A) Jonesboro ranch.--The parcel commonly known as
``Jonesboro Ranch'', located approximately 6 miles east
of Juntura, Oregon, consisting of 21,548 acres of
Federal land, 6,686 acres of certain private land owned
by the Burns Paiute Tribe and associated with the
Jonesboro Ranch containing the pastures referred to as
``Saddle Horse'' and ``Trail Horse'', ``Indian Creek'',
``Sperry Creek'', ``Antelope Swales'', ``Horse Camp'',
``Dinner Creek'', ``Upper Hunter Creek'', and ``Tim's
Peak'', and more particularly described as follows:
(i) T. 20 S., R. 38 E., secs. 25 and 36,
Willamette Meridian.
(ii) T. 20 S., R. 39 E., secs. 25-36,
Willamette Meridian.
(iii) T. 20 S., R. 40 E., secs. 30, 31, and
32, Willamette Meridian.
(iv) T. 21 S., R. 39 E., secs. 1-18, 20-29,
and 32-36, Willamette Meridian.
(v) T. 21 S., R. 40 E., secs. 5-8, 17-19,
30, and 31, Willamette Meridian.
(vi) T. 22 S., R. 39 E., secs. 1-5, 8, and
9, Willamette Meridian.
(B) Road gulch; black canyon.--The approximately
4,137 acres of State land containing the pastures
referred to as ``Road Gulch'' and ``Black Canyon'' and
more particularly described as follows:
(i) T. 20 S., R. 39 E., secs. 10, 11, 15,
14, 13, 21-28, and 36, Willamette Meridian.
(ii) T 20 S., R. 40 E., secs. 19, 30, 31,
and 32, Willamette Meridian.
(3) Applicable law.--Land taken into trust under paragraph
(1)(B) shall be administered in accordance with the laws
(including regulations) generally applicable to property held
in trust by the United States for the benefit of an Indian
Tribe.
(4) Map of trust land.--As soon as practicable after the
date of enactment of this Act, the Secretary shall prepare a
map depicting the land taken into trust under paragraph (1)(B).
(5) Land exchange.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall seek to enter
into an agreement with the State under which the Secretary
would exchange Federal land for the portions of the area
described in paragraph (2)(B) that are owned by the State.
(b) Castle Rock Land To Be Held in Trust and Co-Stewardship Area.--
(1) Land to be held in trust.--All right, title, and
interest of the United States in and to the approximately 2,500
acres of land in the Castle Rock Wilderness Study Area, as
depicted on the map entitled ``Proposed Wilderness Malheur
County'' and dated June 7, 2023, shall be held in trust by the
United States for the benefit of the Burns Paiute Tribe.
(A) Grazing on land to be held in trust.--
(i) The Bureau shall continue to allow and
manage grazing within the Land to be held in
Trust under applicable law.
(ii) Should the Burns Paiute Tribe decide,
in its sole discretion, to cancel grazing
within the Land to be held in Trust, i.e.,
``Trust Land'', then--
(I) the Tribe shall give the Bureau
notice of cancellation of Permitted Use
Animal Unit Months within the Trust
Land;
(II) upon receipt of the notice
from the Tribe, the Bureau shall
conform to the requirements in section
4110.4-2 of title 43, Code of Federal
Regulations (10/1/2005 Edition), to
cancel any Permitted Use Animal Unit
Months within the Trust Land, except
that, in addition to payment for the
reasonable compensation for the value
of any public land range improvements
within the Trust Land as provided for
in 43 CFR 4110.4-2(b) (10/1/2005
Edition), the Grazing Permittee(s)
shall also be paid by the Tribe, at its
sole expense, the sum of $100 per each
Permitted Use Animal Unit Month that is
cancelled; and
(III) upon the effectiveness of the
cancellation of grazing within the
Trust Land, the Tribe shall fence out,
at its sole expense, and shall maintain
the fence, at its sole expense, the
Trust Land from the adjacent land to
ensure no drift of livestock occurs
from adjacent land. Should the Tribe
not timely fence out the Trust Land, or
maintain the fence, then any Grazing
Permittee(s) shall not be subject to
any unauthorized use for any drift of
livestock into the Trust Land from
adjacent land.
(2) Castle rock co-stewardship area.--
(A) Memorandum of understanding.--
(i) In general.--As soon as practicable
after the date of enactment of this Act, the
Secretary shall seek to enter into a memorandum
of understanding with the Burns Paiute Tribe to
provide for the co-stewardship of the area
depicted as ``Castle Rock Co-Stewardship Area''
on the map entitled ``Proposed Wilderness
Malheur County'' and dated June 7, 2023, to be
known as the ``Castle Rock Co-Stewardship
Area''.
(ii) Requirement.--The memorandum of
understanding entered into under clause (i)
shall ensure that the Castle Rock Co-
Stewardship Area is managed in a manner that--
(I) ensures that Tribal interests
therein are considered;
(II) provides for protection of
cultural and archaeological resources;
located thereon;
(III) provides for the protection
of natural resources with cultural
significance located thereon;
(IV) protects the interests of
those who hold livestock grazing
permits on this land and maintain such
grazing entitlements in accordance with
applicable law, inclusive of the Taylor
Grazing Act (43 U.S.C. 315 et seq.);
and
(V) does not extend beyond the
boundaries of the co-stewardship area.
(B) Management agreements.--In accordance with
applicable law (including regulations) and subject to
existing or extended livestock grazing permits, the
Secretary may enter into 1 or more management
agreements with the Burns Paiute Tribe to authorize the
Burns Paiute Tribe to carry out management activities
in the Castle Rock Co-Stewardship Area in accordance
with the memorandum of understanding entered into under
subparagraph (A)(i).
(C) Grazing.--The management and grazing of
livestock in the Castle Rock Co-Stewardship Area, as
established before the date of enactment of this Act,
shall be permitted to continue and shall not be limited
or abridged by activities set forth in subparagraphs
(A) and (B).
(D) Water rights.--Nothing in this paragraph--
(i) expands, creates, or affects any
reserved, or otherwise existing water rights;
or
(ii) provides the Burns Paiute Tribe with
any new water right or claim.
(E) Co-management activities.--Nothing in this
paragraph shall be construed to allow co-management
activities to extend beyond the areas designated as the
Castle Rock Co-Stewardship Area.
(F) Land exchange activities.--Any private land
within the Castle Rock Co-Stewardship Area, inclusive
of the private land in T18S R37E section 4, NENW and
NESE, shall be subject to a land exchange with any
private landowner who desires and elects to cooperate
in a land exchange with the Bureau. Any public land
offered in exchange with the private land shall be
adjacent to any other private land owned by the
cooperating private landowner within the county, and
shall be agreeable to the cooperating private
landowner. The Secretary shall coordinate with any
cooperating private landowner to implement and to
complete any such exchange within 24-months of
initiation of such process by a private landowner. The
Secretary shall prepare any documents necessary to
implement any such exchange and the Secretary shall pay
for all costs to implement any such exchange.
(3) Withdrawal.--Subject to valid existing rights, the
lands taken into trust under paragraph (1) and the land
comprising the Castle Rock Co-Stewardship Area are withdrawn
from--
(A) all forms of appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing and geothermal
leasing laws and mineral materials laws.
(c) Viewshed Rights.--Nothing in this Act provides any rights of
property to the Burns-Paiute Tribe outside of the boundaries of the
land described in subsection (b)(1) of section 6.
(d) Effect on Tribal Rights and Certain Existing Uses.--Nothing in
this section, designation or non-designation of land transferred into
trust to be held by the United States for the benefit of the Burns
Paiute Tribe under this section--
(1) alters, modifies, enlarges, diminishes, or abrogates
rights secured by a treaty, statute, Executive order, or other
Federal law of any Indian Tribe, including off-reservation
reserved rights; or
(2) affects--
(A) existing access, rights-of-way, or easements;
or
(B) preexisting grazing uses and existing water
rights or mining claims, except as specifically
negotiated and agreed between the Burns Paiute Tribe,
the mineral claim holder, the grazing permittee and the
Secretary.
SEC. 7. FUTURE PROTECTION OF FIRE SUPPRESSION, INVASIVE SPECIES
CONTROL, AND LIVESTOCK PRODUCTION VALUES ON FEDERAL LAND
IN COUNTY.
(a) Finding.--Congress finds that the protection against wildfire,
the protection against invasive species, and the protection of
livestock production values are an essential, important, proper, and
compatible activities and use of--
(1) the Federal land designated as wilderness by this Act;
and
(2) the Federal land that is not designated as wilderness
by this Act.
(b) The Secretary may take all and any actions, including the use
of motorized vehicles, helicopters, or airplanes, needed to control
wildfire and to control and eradicate invasive species on the land
designated herein as wilderness and on the remaining Federal land not
designated as wilderness.
(c) Livestock shall be managed on Federal land designated as
wilderness by this Act in accordance with the provisions of this Act.
(d) Livestock grazing shall not be abridged, prohibited,
restricted, or terminated on Federal land that is not designated as
wilderness by this Act, however the Secretary shall continue management
in accordance with the Act of June 28, 1934 (commonly known as the
``Taylor Grazing Act'') (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et
seq.), section 402 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1752), the provisions of this Act, and other laws
applicable to grazing.
(e) Livestock Grazing.--Any livestock grazing on Federal land that
is not designated as wilderness by this Act shall continue to be
managed in accordance with the Act of June 28, 1934 (commonly known as
the ``Taylor Grazing Act'') (48 Stat. 1269, chapter 865; 43 U.S.C. 315
et seq.), section 402 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1752), and other laws applicable to grazing use on the
Federal land not designated as wilderness by this Act, including
activities the Secretary reasonably determines necessary to carry out
proper and practical grazing management programs on the Federal land
that is not designated as wilderness by this Act (such as public land
range improvement activities and wildfire control, suppression, and
rehabilitation activities).
<all>
Oregon Owyhee Wilderness and Community Protection Act
#10082 | HR Congress #118
Subjects:
Last Action: Subcommittee Hearings Held (11/19/2024)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text