[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2828 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2828
To require the Secretary of the Interior to prepare a programmatic
environmental impact statement allowing for adaptive management of
certain Federal land in Malheur County, Oregon, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 7, 2019
Mr. Schumer (for Mr. Wyden (for himself and Mr. Merkley)) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to prepare a programmatic
environmental impact statement allowing for adaptive management of
certain 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 ``Malheur Community Empowerment for
the Owyhee Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Active management.--The term ``active management''
means those actions that are proposed or implemented--
(A) to address degraded or non-functioning resource
conditions that would not improve without on-the-ground
treatments;
(B) to respond to specific, identified resource
conditions described in subparagraph (A); and
(C) to meet resource objectives and desired
outcomes.
(2) Adaptive management.--The term ``adaptive management''
means management based on a relationship between research and
management practices in which management practices are
developed and modified based on a recurring evaluation of data,
collected on a recurring basis by and for the Monitoring
Network, for the purpose of allowing timely reactions to
changing conditions on Federal land--
(A) to achieve, retain, or improve the ecological
health and functionality of the Federal land; and
(B) to achieve desired future conditions on the
Federal land.
(3) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(4) Center.--The term ``Center'' means the Native Seed
Center established under section 6(e)(1)(A).
(5) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(6) County.--The term ``County'' means Malheur County,
Oregon.
(7) Cultural.--The term ``cultural'' means relating to the
sites, areas, or artifacts of, or traditional uses of land by,
indigenous peoples.
(8) Cultural resources.--The term ``cultural resources''
means--
(A) the sites, areas, and artifacts of indigenous
peoples; and
(B) the existing uses of land by indigenous
peoples.
(9) Ecological health.--The term ``ecological health''
means the ability of the ecological processes of an ecosystem
to function in a manner that maintains the structure,
composition, activity, and resilience of the ecosystem over
time, including an ecologically appropriate diversity of plant
communities, habitats, and conditions that are sustainable
through successional processes.
(10) Federal land.--
(A) In general.--The term ``Federal land'' means
all land in the County the title to which is held by
the United States.
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) any Forest Service land; or
(ii) any land held in trust by the Bureau
of Indian Affairs.
(11) Invasive species.--The term ``invasive species'' means
a species of nonnative aggressive plant with the potential to
cause--
(A) significant damage to a native ecosystem; or
(B) significant economic losses.
(12) Loop road.--
(A) In general.--The term ``loop road'' means a
route determined by the Malheur CEO Group that is
managed and maintained by the Bureau and the County for
the purpose of providing directed tourism and
educational opportunities in the County.
(B) Inclusion.--The term ``loop road'' includes
each of the roads described in paragraphs (2) through
(5) of section 6(a).
(13) Malheur ceo advisory committee.--The term ``Malheur
CEO Advisory Committee'' means the Malheur Community
Empowerment for Owyhee Group Advisory Committee established
under section 4(c)(7)(A).
(14) Malheur ceo group.--The term ``Malheur CEO Group''
means the Malheur Community Empowerment for Owyhee Group
established under section 4(c)(1).
(15) Monitoring data.--
(A) In general.--The term ``monitoring data'' means
data that is--
(i) collected through a memorandum of
understanding entered into under section
4(e)(1); and
(ii) provided to the Bureau at a frequency
sufficient--
(I) to monitor the ecological
functionality of Federal land subject
to a programmatic environmental impact
statement prepared under section
4(a)(1); and
(II) to use for adaptive management
of that Federal land.
(B) Inclusion.--The term ``monitoring data''
includes data in existence on the date of enactment of
this Act.
(16) Monitoring network.--The term ``Monitoring Network''
means the network of monitoring partners and protocols
established under section 4(e)(1), including the parties to,
and protocols established under, each memorandum of
understanding entered into under that section for the purpose
of implementing adaptive management of the Federal land.
(17) Native seed center establishment group.--The term
``Native Seed Center Establishment Group'' means the group
established pursuant to the memorandum of understanding entered
into under section 6(e)(1)(B).
(18) Passive management.--The term ``passive management''
means those actions that are proposed or implemented to address
degraded or non-functioning resource conditions that are
expected to improve without additional on-the-ground actions,
such that resource objectives and desired outcomes are
anticipated to be reached without additional human
intervention.
(19) Restoration area.--The term ``restoration area'' means
an area of Federal land in need of active or passive
management--
(A) to restore the ecological health of the area;
or
(B) to prevent the ecological degradation of the
area from--
(i) demonstrably encroaching invasive
species; or
(ii) other threats.
(20) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PURPOSE AND OBJECTIVES.
(a) Purpose.--The purpose of this Act is to promote the long-term
ecological health of the Federal land to support communities and
natural resources.
(b) Objectives.--
(1) In general.--To further the purpose described in
subsection (a), the Secretary shall manage the Federal land for
the benefit of present and future generations--
(A) to support and grow local communities and
economies;
(B) to protect the cultural resources and western
traditions for which the Federal land is known;
(C) to maintain grazing on the Federal land--
(i) for the economic well-being of the
County; and
(ii) as a tool to improve the ecological
health of the Federal land;
(D) to protect and enhance the cultural,
ecological, and economic needs of the Burns Paiute
Tribe;
(E) to maintain and enhance the latest available
science-based adaptive management of the Federal land;
(F) to prevent invasive species encroachment and
large fires through management practices that focus on
restoration of the ecosystem;
(G) to ensure the conservation and improved
management of the ecological, social, and economic
environment, including geological, biological,
wildlife, fish, riparian, and scenic resources;
(H) to address the management uncertainties on the
Federal land to provide greater stability of natural
resource management on the Federal land; and
(I) to promote and foster cooperation,
communication, and understanding, and reduce conflict,
among all users of the Federal land.
(2) Approach.--The Secretary shall carry out the duties of
the Secretary under this Act in a manner that--
(A) furthers the purpose described in subsection
(a) and the objectives described in paragraph (1);
(B) ensures the collection of relevant data to
monitor and evaluate the ecological health of the
Federal land;
(C) ensures that adaptive management actions
improve the ecological health of the Federal land;
(D) builds inclusivity in the County by promoting
the involvement of local grazing allotment holders,
institutions of higher education, volunteers, Federal
agencies, and other interested parties in the
Monitoring Network while standardizing data collection;
and
(E) promotes cooperation, communication, and
understanding within the County to reduce conflict
among all users of Federal land.
SEC. 4. ADAPTIVE MANAGEMENT OF FEDERAL LAND IN THE COUNTY.
(a) Programmatic Environmental Impact Statement.--
(1) Preparation.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and every 10 years
thereafter, the Secretary, in consultation with the
Commissioner and after obtaining input from the Malheur
CEO Group, shall prepare a programmatic environmental
impact statement in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the Federal land using--
(i) existing and up-to-date planning
documents, processes, and data; and
(ii) in the case of the first programmatic
environmental impact statement, any planning
and data documentation that is in development
on the date of enactment of this Act.
(B) Priorities.--
(i) Priority actions for missing data.--The
Secretary shall give priority to the completion
of any analysis relating to areas on the
landscape for which planning or data are
lacking during the year in which a programmatic
environmental impact statement under
subparagraph (A) is prepared.
(ii) Baseline soil and vegetative health
assessments.--In carrying out subparagraph (A),
the Secretary shall give priority to the
completion of baseline soil and vegetative
health assessments on the Federal land.
(C) Protection of the federal land.--In carrying
out subparagraph (A), the Secretary shall include an
analysis of the conditions and actions necessary to
ensure that the adaptive management carried out under a
programmatic environmental impact statement will not
degrade the ecological health of the Federal land.
(D) Supplementation of existing grazing
regulations.--A programmatic environmental impact
statement under subparagraph (A) shall supplement, and
not supplant, existing grazing regulations, including
part 4100 of subchapter D of chapter II of subtitle B
of title 43, Code of Federal Regulations (or successor
regulations).
(E) Consideration of other law.--The Secretary
shall ensure that each programmatic environmental
impact statement under subparagraph (A) takes
consideration of, and is consistent with--
(i) the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470aa et seq.);
(ii) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
(iii) division A of subtitle III of title
54, United States Code (formerly known as the
``National Historic Preservation Act''); and
(iv) Executive Order No. 13007 (42 U.S.C.
1996 note; relating to Indian sacred sites).
(2) Adaptive management.--Each programmatic environmental
impact statement under paragraph (1)(A) shall--
(A) provide baseline information on the ecological
health of the Federal land;
(B) define desired future ecological conditions and
outcomes;
(C) negate the need for project-specific
environmental analysis for the management activities
listed in clauses (i) through (ix) of subparagraph (D);
and
(D) to restore and improve the ecological health of
the Federal land and related riparian areas, lead to or
enhance the use of adaptive management of the Federal
land for--
(i) the management of invasive species
through the use, as the Secretary determines to
be appropriate, of available tools, including--
(I) mechanical tools;
(II) hand tools;
(III) chemical tools;
(IV) biological tools; and
(V) livestock for varied season
use;
(ii) the maintenance of existing water
infrastructure;
(iii) the improvement, including movement,
of existing water infrastructure, except in an
area in which there are species listed as
threatened species or endangered species under
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(iv) the culturally appropriate protection
of areas for restoration of wildlife habitat
through--
(I) offsite water developments;
(II) wildlife-friendly fencing; and
(III) vegetation management to
protect--
(aa) the natural integrity
of spring sites;
(bb) native species
diversity;
(cc) water quality; and
(dd) soil heath;
(v) the protection and use of existing
water infrastructure, including--
(I) the use of existing water
infrastructure to distribute livestock
and wildlife, including wild horses,
for--
(aa) the protection of
riparian areas, springs,
wetlands, or other mesic sites;
and
(bb) the ecological
improvement of rangeland by
domestic species;
(II) the prevention of
fragmentation of habitat;
(III) the preservation of existing
water infrastructure that has not
experienced invasion by an invasive
species; and
(IV) the restoration of existing
water infrastructure that has
experienced degradation by an invasive
species.
(vi) the repair, removal, or construction
of fences, as necessary, in response to land
designations, in accordance with wildlife or
domestic animal management needs;
(vii) the maintenance of existing roads, if
that maintenance does not constitute an
improvement amounting to a new road category;
(viii) the removal of juniper where
ecologically appropriate for the benefit of
improving or conserving ecological function;
and
(ix) the use of prescribed fire to reduce
fuel loads where ecologically appropriate.
(3) No effect on subsurface mineral rights.--A programmatic
environmental impact statement under paragraph (1)(A) shall not
affect any subsurface mineral rights.
(4) Minimum requirements analyses.--
(A) In general.--Each programmatic environmental
impact statement under paragraph (1)(A) shall include a
minimum requirements analysis under appendix B of
section 6340 of the Bureau of Land Management Manual
(Management of Designated Wilderness Areas) (as in
effect on the date of enactment of this Act) for the
proposed management activities included in the
programmatic environmental impact statement.
(B) Project-specific analyses.--A project-specific
minimum requirements analysis shall not be required for
any site-specific activity that is covered under a
programmatic environmental impact statement referred to
in subparagraph (A).
(b) Planning and Reporting Requirements.--
(1) Restoration area plan.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in
consultation with the Malheur CEO Group and the
Monitoring Network, shall develop a plan, using
existing data and planning documents, for the
restoration of areas that are ecologically degraded on
the date of enactment of this Act.
(B) Requirement.--The plan under subparagraph (A)
shall describe--
(i) the restoration areas to be treated
under the plan;
(ii) the restoration objectives and desired
ecological outcomes for the restoration areas;
(iii) the priority of restoration areas to
be treated under the plan, including the
reasons for such priority;
(iv) the prescribed treatments under the
plan, including the use of newer and developing
technologies;
(v) the timing of treatments under the
plan; and
(vi) the monitoring methods and techniques
that will be used to measure and evaluate
success relative to the restoration objectives
and desired ecological outcomes described in
clause (ii).
(2) Report on areas most at risk of being ecologically
degraded.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in consultation with the Malheur CEO
Group and the Monitoring Network, shall develop a report and a
plan that identifies the Federal land most at risk of being
ecologically degraded, including an assessment of management
options to keep the Federal land intact, including the option
of no active management.
(c) Malheur Community Empowerment for Owyhee Group.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
group, to be known as the ``Malheur Community Empowerment for
Owyhee Group''--
(A) to improve collaborative relationships among--
(i) the members of the Malheur CEO Group;
and
(ii) the types of entities that those
members represent; and
(B) to provide advice and recommendations to the
Secretary relating to the monitoring and management of
the Federal Land, in accordance with the purpose and
objectives described in section 3.
(2) Membership.--
(A) In general.--The Malheur CEO Group shall
consist of 13 members, of whom--
(i) 6 shall be representatives of ranching
businesses in the County;
(ii) 6 shall be representatives of other
businesses or conservation or recreation
organizations, of whom 2 shall reside in the
County; and
(iii) 1 shall be a representative of the
Burns Paiute Tribe.
(B) Appointment.--
(i) In general.--Members of the Malheur CEO
Group shall be appointed by the Secretary, with
advice from--
(I) the manager of the Vale
District of the Bureau;
(II) any Member of the House of
Representatives who represents a
district in which the Federal land is
located; and
(III) the Governor of the State of
Oregon.
(ii) Initial appointments.--Not later than
180 days after the date of enactment of this
Act, the Secretary shall appoint the initial
members of the Malheur CEO Group.
(iii) Terms.--Each member of the Malheur
CEO Group shall serve for a term of 3 years.
(iv) Reappointment.--A member of the
Malheur CEO Group may be reappointed for 1 or
more additional 3-year terms.
(v) Vacancies.--A vacancy on the Malheur
CEO Group shall be filled--
(I) as soon as practicable after
the vacancy occurs; and
(II) in the same manner as the
original appointment.
(C) Compensation and expenses.--
(i) Compensation.--Members of the Malheur
CEO Group shall serve without compensation.
(ii) Travel expenses.--Each member of the
Malheur CEO Group shall receive, from the
Secretary, travel expenses, including per diem
in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United
States Code.
(D) Chairperson.--A chairperson shall be elected by
a majority of the members of the Malheur CEO Group.
(3) Duties.--
(A) In general.--The Malheur CEO Group shall--
(i) review each project proposed to the
Bureau by members of the Malheur CEO Group,
ranchers holding grazing permits on the Federal
land, or other members of the public to be
carried out using the analysis completed by a
programmatic environmental impact statement
prepared under subsection (a)(1);
(ii) propose projects and funding to the
Secretary under this Act;
(iii) provide early and continuous
coordination with appropriate officials of land
management agencies in the County in
recommending projects consistent with purposes
of this Act; and
(iv) provide frequent opportunities for
citizens, organizations, Tribes, land
management agencies, and other interested
parties to participate openly and meaningfully
in the project development process, including
in the early stages of the process.
(B) Projects proposed to the secretary.--The
Malheur CEO Group may propose a project to the
Secretary if the project has been approved by a
majority of the members voting at an official meeting
of the Malheur CEO Group.
(4) Meetings.--
(A) In general.--A quorum is required for an
official meeting of the Malheur CEO Group.
(B) Quorum.--A quorum shall consist of--
(i) a combination of members that--
(I) constitutes a majority of the
members of the Malheur CEO Group; and
(II) consists of at least as many
members described in clause (i) of
paragraph (2)(A) as the total number of
members described in clauses (ii) and
(iii) of that paragraph; or
(ii) all of the members of the Malheur CEO
Group.
(C) Open meetings.--Each meeting of the Malheur CEO
Group shall--
(i) be announced in a local newspaper of
record, as determined by the Secretary, not
less than 1 week in advance of the meeting; and
(ii) be open to the public.
(D) Records.--The Malheur CEO Group shall--
(i) maintain records of each meeting; and
(ii) make those records available for
public inspection.
(5) Bylaws.--
(A) In general.--The members of the Malheur CEO
Group shall establish bylaws for the Malheur CEO Group.
(B) Requirement.--Bylaws may be established under
subparagraph (A) on approval by--
(i) a combination of members that--
(I) constitutes a majority of the
members of the Malheur CEO Group; and
(II) consists of at least as many
members described in clause (i) of
paragraph (2)(A) as the total number of
members described in clauses (ii) and
(iii) of that paragraph; or
(ii) all of the members of the Malheur CEO
Group.
(6) Detail of federal employees.--
(A) In general.--On request of the Malheur CEO
Group, the Secretary may detail, with or without
reimbursement, any of the personnel of the Department
of the Interior to assist the Malheur CEO Group in
carrying out the duties described in paragraph (3).
(B) Civil service status.--Any detail of a Federal
employee under subparagraph (A) shall not interrupt or
otherwise affect the civil service status or privileges
of the Federal employee detailed.
(7) Malheur community empowerment for owyhee group advisory
committee.--
(A) Establishment.--Not later than 60 days after
the date on which the Malheur CEO Group is established
under paragraph (1), the Malheur CEO Group shall
establish an advisory committee, to be known as the
``Malheur Community Empowerment for Owyhee Group
Advisory Committee'', to provide input to the Malheur
CEO Group, including scientific, cultural, historical,
and other advice, as needed, regarding management of
the Federal land--
(i) to ensure that the work of the Malheur
CEO Group is well-informed and relevant to the
Federal land; and
(ii) to promote adaptive management of the
Federal land in accordance with a programmatic
environmental impact statement prepared under
subsection (a)(1).
(B) Membership.--
(i) In general.--The Malheur CEO Advisory
Committee shall consist of--
(I) members of the Malheur CEO
Group;
(II) representatives of Indian
tribes, including at least 1
representative of the Burns Paiute
Tribe;
(III) representatives of the
scientific and research communities,
including individuals with expertise in
scientific matters relevant to the
Federal land, as determined by the
Malheur CEO Group; and
(IV) representatives of any other
entity or interest relevant to the
Federal land, as determined by the
Malheur CEO Group.
(ii) Appointment.--
(I) In general.--The Malheur CEO
Group shall appoint the members of the
Malheur CEO Advisory Committee.
(II) Initial appointments.--Not
later than 60 days after the date on
which the Malheur CEO Group is
established under paragraph (1), the
Malheur CEO Group shall appoint the
initial members of the Malheur CEO
Advisory Committee.
(III) Terms.--Each member of the
Malheur CEO Advisory Committee shall
serve for such period as the Malheur
CEO Group determines to be appropriate.
(IV) Reappointment.--A member of
the Malheur CEO Advisory Committee may
be reappointed for 1 or more additional
terms.
(V) Vacancies.--A vacancy on the
Malheur CEO Advisory Committee shall be
filled--
(aa) as soon as practicable
after the vacancy occurs; and
(bb) in the same manner as
the original appointment.
(iii) Compensation and expenses.--
(I) Compensation.--Members of the
Malheur CEO Advisory Committee shall
serve without compensation.
(II) Travel expenses.--Each member
of the Malheur CEO Advisory Committee
shall receive, from the Secretary,
travel expenses, including per diem in
lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5,
United States Code.
(8) Inapplicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Malheur CEO Group or the Malheur CEO Advisory Committee.
(d) Ongoing Consultation.--
(1) In general.--In carrying out adaptive management under
a programmatic environmental impact statement prepared under
subsection (a)(1) and monitoring under subsection (e), the
Secretary shall consult with the Malheur CEO Group and work
toward a consensus with respect to--
(A) the implementation of policies and practices;
(B) any lessons learned from that implementation;
and
(C) the adaptation of those policies and
practices--
(i) to reflect any lessons learned from the
implementation; and
(ii) to incorporate the results of the
monitoring carried out under subsection (e).
(2) Frequency.--The Secretary shall consult with the
Malheur CEO Group not less frequently than once every 60 days
for the 4-year period beginning on the date on which the
Malheur CEO Group is established under subsection (c)(1), and
as necessary thereafter.
(e) Monitoring.--
(1) Establishment of the monitoring network.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
enter into a memorandum of understanding with the
monitoring partners described in subparagraph (B) to
establish a network, to be known as the ``Monitoring
Network''--
(i) to monitor, in accordance with this
subsection, all Federal land subject to a
programmatic environmental impact statement
prepared under subsection (a)(1)(A); and
(ii) to carry out ecological research
relating to that monitoring.
(B) Monitoring partners described.--The monitoring
partners referred to in subparagraph (A) are--
(i) the Director of the Bureau;
(ii) the Director of the United States Fish
and Wildlife Service;
(iii) the Chief of the Natural Resources
Conservation Service;
(iv) the Oregon Department of Fish and
Wildlife;
(v) the Oregon Department of Environmental
Quality;
(vi) the County;
(vii) the Malheur County Soil and Water
Conservation District;
(viii) relevant watershed councils in the
County, as determined by the Malheur CEO Group;
(ix) the Burns Paiute Tribe;
(x) Oregon State University;
(xi) Treasure Valley Community College;
(xii) existing holders or users of grazing
permits on the Federal land;
(xiii) representatives of conservation,
hunting, or fishing organizations; and
(xiv) any other individual or entity that,
in the determination of the Secretary, collects
or holds data relevant to the monitoring, in
accordance with this section, of the Federal
land subject to a programmatic environmental
impact statement prepared under subsection
(a)(1).
(2) Leadership of the monitoring network.--The Chief of the
Natural Resources Conservation Service and the Director of the
Bureau shall lead the Monitoring Network unless the parties to
the memorandum of understanding described in paragraph (1)
choose another Federal official to lead the Monitoring Network.
(3) Requirements.--The Monitoring Network shall carry out
monitoring and research--
(A) using agreed upon protocols for the collection
of data to inform the adaptive management actions
necessary to achieve a desired range of future
conditions;
(B) using the latest available science-based
ecological framework to provide more frequent and
timely data relating to the ecological functionality of
the Federal land subject to a programmatic
environmental impact statement prepared under
subsection (a)(1) than the data that the Bureau was
able to acquire before the date of enactment of this
Act through--
(i) the independent efforts of the Bureau;
or
(ii) existing cooperative agreements;
(C) that provides data that can be used by the
Secretary in real-time, as baseline data and as data
indicating changes in conditions, for adaptive
management of the Federal land in accordance with a
programmatic environmental impact statement prepared
under subsection (a)(1); and
(D) that includes monitoring and research of
ecological health, including the collection of data
on--
(i) the relationship between invasive
species and fires, including information
regarding the frequency and severity of any
fires, updated not less frequently than once
each year;
(ii) soils and vegetation, for the purpose
of preparing a complete inventory of all soils
and vegetation within the Federal land, updated
not less frequently than once every 10 years;
(iii) wildlife, including migration
corridors and the status of habitat
fragmentation;
(iv) wild or feral horses or trespass
livestock;
(v) the availability and management of
water on the land, including the use of updated
water infrastructure;
(vi) the effects of the removal of juniper;
(vii) invasive species;
(viii) sage brush steppe ecosystems;
(ix) wetlands, riparian areas, springs,
seeps, and other mesic sites; and
(x) recreation, including--
(I) recreation in any component of
the National Wild and Scenic Rivers
System;
(II) recreation north and south of
the Owyhee dam; and
(III) recreation relating to loop
roads, including--
(aa) the use of the roads;
(bb) the economic impact of
the roads;
(cc) the effects of the
roads on domestic and wild
flora and fauna; and
(dd) the effects of the
roads on--
(AA) cultural uses
of the land; and
(BB) cultural
artifacts.
(4) Deadline for baseline data.--Not later than 180 days
after the date on which the Monitoring Network is established
under paragraph (1), the Monitoring Network shall begin--
(A) compiling existing baseline data;
(B) incorporating new baseline data as that data is
acquired; and
(C) making that baseline data available to the
public.
(5) Use of monitoring data.--
(A) In general.--Monitoring data collected by the
Monitoring Network shall inform management planning
decisions relating to the actions covered by a
programmatic environmental impact statement prepared
under subsection (a)(1), as determined by the
Secretary.
(B) Effect of violations.--If monitoring data
described in subparagraph (A) shows that a holder or
user of a grazing permit is not in substantial
compliance with the applicable management plan or any
use of flexible management granted by a programmatic
environmental impact statement prepared under
subsection (a)(1), that holder or user shall not be
permitted further access to any flexible management
granted by the programmatic environmental impact
statement until--
(i) the holder or user takes corrective
action; and
(ii) monitoring data shows that the
corrective action taken by the holder or user
has improved the ecological health of the
affected land, as determined by the Secretary.
(C) Effect of improvements.--
(i) Suspended animal unit months.--The
Secretary shall restore for use by a holder or
user of a grazing permit any animal unit months
held by that holder or user that were
suspended, in a quantity commensurate with the
carrying capacity of the relevant land, as
determined by the Secretary, if--
(I) monitoring data shows that the
holder or user is in substantial
compliance with--
(aa) the applicable
management plan; and
(bb) the use of flexible
management granted by a
programmatic environmental
impact statement prepared under
subsection (a)(1); and
(II) the conditions of the
allotments of that holder or user will
support additional animal unit months
beyond the animal unit months assigned
to that holder or user.
(ii) Improved carrying capacity.--The
Secretary shall consider increasing the
quantity of animal unit months held by a holder
or user of a grazing permit if monitoring data
shows an increased carrying capacity on the
relevant land.
(6) Deployment and use of modern technology.--To the
maximum extent practicable, the Secretary shall deploy, use,
and request the use of modern technology to carry out the
monitoring referred to in paragraph (1), including--
(A) unmanned aerial systems;
(B) satellite imagery;
(C) Global Positioning Systems and tablets;
(D) weather stations; and
(E) stream gauges.
(7) Soil and vegetation surveys.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
enter into a memorandum of understanding for internships and
workforce development to carry out soil and vegetation surveys
on the Federal land with--
(A) the Chief of the Natural Resources Conservation
Service;
(B) the American Conservation Experience;
(C) Oregon State University;
(D) Treasure Valley Community College;
(E) the Burns Paiute Tribe; and
(F) local high schools in the County.
(8) No effect on existing fees.--Nothing in this subsection
affects any Federal, State, Tribal, or local grazing or other
fee generated in the County under existing law (including
regulations).
(f) Enforcement.--
(1) Direct enforcement by the secretary.--The Secretary
shall enforce compliance with--
(A) any requirement relating to the monitoring of
Federal land under subsection (e); and
(B) any policy or practice implemented by the
Secretary in response to that monitoring.
(2) Enforcement by the county.--
(A) In general.--The Secretary may make grants to
County law enforcement agencies to assist in the
enforcement of any requirement relating to the
monitoring of county roads.
(B) Additional law enforcement officers and
personnel.--The County may use funds received through a
grant under this paragraph to hire not more than 4
additional law enforcement officers or personnel.
(3) Monitoring and enforcement by indian tribes.--The
Secretary shall make grants to Indian Tribes--
(A) to assist the Secretary in the monitoring
required under subsection (e); and
(B) to assist in the enforcement of--
(i) any requirement relating to the
monitoring of Federal land under subsection
(e); and
(ii) any policy or practice implemented by
the Secretary in response to that monitoring.
(g) Authorization of Resources for Increased Workforce.--
(1) In general.--To carry out this section, including any
monitoring and enforcement under this section, the Secretary
may hire additional employees for the Vale District of the
Bureau.
(2) Soil and vegetative health survey workforce.--
(A) Initial completion of baseline soil and
vegetative health survey.--To complete the soil and
vegetative health surveys under subsection (e)(7), the
Secretary shall use existing protocols and hire, for
the Vale District of the Bureau--
(i) 4 employees to survey 200,000 acres of
Federal land each year until the survey of
Federal land is completed; or
(ii) to complete the survey of Federal land
in 1 year, 40 employees for a period of 1 year.
(B) Updates to the survey.--To update the survey
not less frequently than once every 10 years, the
Secretary shall hire, for the Vale District of the
Bureau, 6 employees to survey not less than 460,000
acres of Federal land each year on an ongoing basis.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out monitoring and enforcement under
this section, $10,000,000 for each of fiscal years 2020
through 2030;
(B) to carry out soil and vegetation surveys under
subsection (e)(7), $10,000,000 for each of fiscal years
2020 through 2030;
(C) to make grants under subsection (f)(2) to
County law enforcement agencies, $10,000,000 for each
of fiscal years 2020 through 2030; and
(D) to make grants under subsection (f)(3) for
monitoring and enforcement by Indian Tribes, $7,000,000
for each of fiscal years 2020 through 2030.
(2) Increased aphis funding.--There is authorized to be
appropriated to the Administrator of the Animal and Plant
Health Inspection Service to support innovative technologies to
reduce invasive species, including invasive weeds and invasive
annual grasses on the Federal land, $1,000,000 for each of
fiscal years 2020 through 2030.
SEC. 5. LAND DESIGNATIONS.
(a) Definitions.--In this section:
(1) Covered segment.--The term ``covered segment'' means
the river segment designated by paragraph (231) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added
by subsection (d)(1)).
(2) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Malheur County'' and dated November 6,
2019.
(3) 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 1,133,481 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 managed by the Bureau of Land Management,
comprising approximately 58,599 acres, as generally
depicted on the Map, which shall be known as the
``Fifteenmile Creek Wilderness''.
(B) Oregon canyon mountains wilderness.--Certain
Federal land managed by the Bureau of Land Management,
comprising approximately 57,891 acres, as generally
depicted on the Map, which shall be known as the
``Oregon Canyon Mountains Wilderness''.
(C) Twelvemile creek wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 37,779 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 managed by the Bureau of Land Management,
comprising approximately 93,159 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
managed by the Bureau of Land Management, comprising
approximately 66,194 acres, as generally depicted on
the Map, which shall be known as the ``Lookout Butte
Wilderness''.
(F) Owyhee river canyon wilderness.--Certain
Federal land managed by the Bureau of Land Management,
comprising approximately 223,586 acres, as generally
depicted on the Map, which shall be known as the ``Mary
Gautreaux Owyhee River Canyon Wilderness''.
(G) Twin butte wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 18,135 acres, as generally depicted on
the Map, which shall be known as the ``Twin Butte
Wilderness''.
(H) Cairn ``c'' wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 8,946 acres, as generally depicted on the
Map, which shall be known as the ``Cairn `C'
Wilderness''.
(I) Oregon butte wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 32,010 acres, as generally depicted on
the Map, which shall be known as the ``Oregon Butte
Wilderness''.
(J) Deer flat wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 12,266 acres, as generally depicted on
the Map, which shall be known as the ``Deer Flat
Wilderness''.
(K) Sacramento hill wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 9,568 acres, as generally
depicted on the Map, which shall be known as the
``Sacramento Hill Wilderness''.
(L) Coyote wells wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 7,147 acres, as generally depicted on the
Map, which shall be known as the ``Coyote Wells
Wilderness''.
(M) Big grassey wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 45,192 acres, as generally depicted on
the Map, which shall be known as the ``Big Grassey
Wilderness''.
(N) Little groundhog reservoir wilderness.--Certain
Federal land managed by the Bureau of Land Management,
comprising approximately 5,272 acres, as generally
depicted on the Map, which shall be known as the
``Little Groundhog Reservoir Wilderness''.
(O) Lower owyhee canyon wilderness.--Certain
Federal land managed by the Bureau of Land Management,
comprising approximately 79,947 acres, as generally
depicted on the Map, which shall be known as the ``Mary
Gautreaux Lower Owyhee Canyon Wilderness''.
(P) Jordan crater wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 31,141 acres, as generally depicted on
the Map, which shall be known as the ``Jordan Crater
Wilderness''.
(Q) Owyhee breaks wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 29,471 acres, as generally depicted on
the Map, which shall be known as the ``Owyhee Breaks
Wilderness''.
(R) Dry creek wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 33,209 acres, as generally depicted on
the Map, which shall be known as the ``Dry Creek
Wilderness''.
(S) Dry creek buttes wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 53,782 acres, as generally
depicted on the Map, which shall be known as the ``Dry
Creek Buttes Wilderness''.
(T) Upper leslie gulch wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 2,911 acres, as generally
depicted on the Map, which shall be known as the
``Upper Leslie Gulch Wilderness''.
(U) Slocum creek wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 7,528 acres, as generally depicted on the
Map, which shall be known as the ``Slocum Creek
Wilderness''.
(V) Honeycombs wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 40,099 acres, as generally depicted on
the Map, which shall be known as the ``Honeycombs
Wilderness''.
(W) Wild horse basin wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 18,381 acres, as generally
depicted on the Map, which shall be known as the ``Wild
Horse Basin Wilderness''.
(X) Quartz mountain wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 32,781 acres, as generally
depicted on the Map, which shall be known as the
``Quartz Mountain Wilderness''.
(Y) The tongue wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 6,800 acres, as generally depicted on the
Map, which shall be known as ``The Tongue Wilderness''.
(Z) Burnt mountain wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 8,109 acres, as generally
depicted on the Map, which shall be known as the
``Burnt Mountain Wilderness''.
(AA) Cottonwood creek wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 77,828 acres, as generally
depicted on the Map, which shall be known as the
``Cottonwood Creek Wilderness''.
(BB) Castle rock wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 6,151 acres, as generally depicted on the
Map, which shall be known as the ``Castle Rock
Wilderness''.
(CC) West fork bendire wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 10,519 acres, as generally
depicted on the Map, which shall be known as the ``West
Fork Bendire Wilderness''.
(DD) Beaver dam creek wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 19,080 acres, as generally
depicted on the Map, which shall be known as the
``Beaver Dam Creek 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 and submit to Congress 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--
(i) this subsection;
(ii) 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; and
(iii) section 6340 of the Bureau of Land
Management Manual (Management of Designated
Wilderness Areas) (as in effect on the date of
enactment of this Act).
(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) this Act;
(ii) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4));
(iii) the guidelines 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. 18 Rept. 101-405); and
(iv) any other Federal law that applies to
livestock grazing on Federal public land.
(C) Fire management and related activities.--
(i) In general.--The Secretary may carry
out any activities in the wilderness areas that
the Secretary determines to be necessary for
the control of fire, insects, and diseases, in
accordance with--
(I) this Act;
(II) section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1));
and
(III) the report of the Committee
on Interior and Insular Affairs of the
House of Representatives accompanying
H.R. 1437 of the 98th Congress (House
Report 98-40).
(ii) Inclusions.--Authorized activities
under clause (i) shall include the use of
mechanical treatments in the wilderness areas
by first responders.
(D) Invasive species management and related
activities.--In accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary
may carry out any activities in the wilderness areas
that the Secretary determines to be necessary for the
control and manipulation of invasive species,
including--
(i) the use of nonnative species in areas
in which native species cannot be grown to
adequately compete with nonnative species; and
(ii) the manipulation of vegetation,
including through chemical, biological, and
mechanical means--
(I) to control nonnative species;
or
(II) as part of restoration
activities, if natural processes alone
cannot recover the ecological health of
an area, as determined by the
Secretary.
(E) Maintenance of livestock structures.--The
Secretary may carry out any activities in the
wilderness areas that the Secretary determines to be
necessary for the maintenance of structures and
installations used for livestock management in
existence on the date of enactment of this Act, in
accordance with--
(i) section 4(d)(1) of the Wilderness Act
(16 U.S.C. 1133(d)(1)); and
(ii) the report of the Committee on
Interior and Insular Affairs of the House of
Representatives accompanying H.R. 1437 of the
98th Congress (House Report 98-40).
(F) Setback for roads adjacent to wilderness
areas.--The Secretary may determine, in accordance with
an applicable travel management plan for the Federal
land adopted not later than 1 year after the date of
enactment of this Act and section 6340 of the Bureau of
Land Management Manual (Management of Designated
Wilderness Areas) (as in effect on the date of
enactment of this Act), that the boundary of a
wilderness area adjacent to a road may be up to 300
feet from the centerline of a road if--
(i) the setback is determined by the
Secretary to be appropriate for the use of the
Federal land; and
(ii) no existing boundary road will be
closed.
(c) Management of Land Under the Multiple-Use Mandate of the Bureau
of Land Management.--
(1) Release of wilderness study area.--
(A) Finding.--Congress finds that, for purposes of
section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), any portion
of the Federal land designated as a wilderness study
area as of the date of enactment of this Act and
identified as ``Proposed for Release from Protection
under Wilderness Study Area (WSA) Designation or from
Priority Protection of Lands with Wilderness
Characteristics (LWC)'' on the Map that is not
designated as wilderness by subsection (b)(1) has been
adequately studied for wilderness designation.
(B) Release.--Except as provided in paragraph (2),
the land described in subparagraph (A)--
(i) is no longer subject to section 603(c)
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)); and
(ii) shall be managed in accordance with--
(I) this Act; and
(II) the applicable land use plans
adopted under section 202 of that Act
(43 U.S.C. 1712).
(2) Management of certain land with wilderness
characteristics.--Any portion of the Federal land described in
paragraph (1)(A) that was previously found to be lands with
wilderness characteristics, as determined by the Secretary,
that is not designated as wilderness under this Act, shall be
managed by the Secretary in accordance with the applicable land
use plans adopted under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712).
(d) Wild and Scenic River Designations.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) Owyhee river, oregon.--The approximately 14.7-mile
segment of the Owyhee River from the base of Owyhee Dam in sec.
18, T. 22 S., R. 45 E., downstream to W\1/4\ SW\1/4\ sec. 13,
T. 21 S., R. 45 E., to be administered by the Secretary of the
Interior as a recreational river.''.
(2) Management.--
(A) In general.--The Secretary shall manage the
covered segment in accordance with section 6400 of the
Bureau of Land Management Manual (Wild and Scenic
Rivers) (as in effect on the date of enactment of this
Act).
(B) Livestock grazing.--
(i) In general.--The Secretary shall manage
domestic livestock grazing in the vicinity of
the covered segment in a manner that protects
the identified values of the covered segment,
including maintaining existing structures used
for livestock management.
(ii) New structures.--To maintain the
identified values of the covered segment, the
Secretary shall ensure that any structures
constructed after the date of enactment of this
Act to facilitate livestock management in the
vicinity of the covered segment are
unobtrusive, as determined by the Secretary.
(C) Invasive species management.--
(i) In general.--In administering the
covered segment, the Secretary shall carry out
any activities that the Secretary determines to
be necessary to prevent or control the spread
of terrestrial invasive species and aquatic
invasive species, consistent with the
applicable land use plan and applicable law,
including using manual and chemical prevention
and control methods, in accordance with--
(I) the applicable land use plan;
(II) section 9011 of the Bureau of
Land Management Manual (Chemical Pest
Control) (as in effect on the date of
enactment of this Act);
(III) section 9014 of the Bureau of
Land Management Manual (Control Use of
Biological Control Agents on Public
Lands) (as in effect on the date of
enactment of this Act);
(IV) section 9015 of the Bureau of
Land Management (Integrated Weed
Management) (as in effect on the date
of enactment of this Act);
(V) section H-1740-2 of the Bureau
of Land Management Handbook (as in
effect on the date of enactment of this
Act); and
(VI) any applicable Federal law.
(ii) Required evaluation.--Before using a
chemical prevention or control method
authorized under clause (i), the Secretary
shall carefully evaluate the proposed use to
ensure that the proposed use would not
adversely affect water quality and the
identified values of the covered segment.
(3) Withdrawal and use.--
(A) Withdrawal.--Subject to valid existing rights,
all Federal land within a covered segment is withdrawn
from--
(i) entry, appropriation, or disposal under
the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws pertaining
to mineral and geothermal leasing or mineral
materials.
(B) Water rights.--Nothing in this subsection or an
amendment made by this subsection affects--
(i) valid existing water rights; or
(ii) existing rights to access water from
the river segment, if the access does not
permanently impede the qualities for which the
covered segment was designated.
(C) Water resources.--The Secretary shall authorize
the continued use and maintenance of diversions and
water infrastructure in or adjacent to the covered
segments as of the date of enactment of this Act, in
accordance with section 6400 of the Bureau of Land
Management Manual (Wild and Scenic Rivers-Policy and
Program Direction for Identification, Evaluation,
Planning, and Management) (as in effect on the date of
enactment of this Act).
(e) Mineral Withdrawals.--Subject to valid existing rights, the
approximately 12,426.43 acres of Federal land known as the ``Leslie
Gulch Area of Critical Environmental Concern'', as described in the
public land order entitled ``Public Land Order No. 7412; Withdrawal for
Leslie Gulch Area of Critical Environmental Concern; Oregon'' (64 Fed.
Reg. 51553 (September 23, 1999)), is permanently withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 6. ECONOMIC DEVELOPMENT.
(a) Loop Roads Requirements.--
(1) In general.--The Secretary, in coordination with the
County, shall work with Travel Oregon to establish requirements
for the loop roads.
(2) Owyhee dam road.--
(A) Safety upgrades.--
(i) In general.--The Secretary shall seek
to enter into an arrangement with the County to
fund safety upgrades, in accordance with County
road standards, to the Owyhee Dam Road to
ensure access to the recreational opportunities
of the Owyhee Reservoir, including improved
signage and surfacing.
(ii) Deadline for upgrades.--Any upgrades
carried out with funds provided under clause
(i) shall be completed not later than 1 year
after the date of enactment of this Act.
(iii) Compliance with standards.--If the
County receives any funds provided under this
subparagraph, the County shall ensure that, not
later than 1 year after the date of enactment
of this Act, the Owyhee Dam Road is in
compliance with County and County road district
standards.
(B) Fees and tolls.--
(i) In general.--As soon as practicable
after the date on which requirements for the
Owyhee Dam Road are established under paragraph
(1) and notwithstanding the terms of the right-
of-way easement between the County and the
Bureau dated April 20, 1988, and recorded in
the County deed records as instrument number
88-17855, the County may collect fees or tolls
for the use of the road.
(ii) Use of fees or tolls.--Any fees or
tolls collected under clause (i) shall be used
for road improvements by the County.
(C) Authorization of appropriations.--In addition
to amounts made available under subsection (f)(1),
there is authorized to be appropriated to the Secretary
to carry out subparagraph (A) $6,000,000.
(3) Succor creek scenic loop.--The Secretary shall work
with the County on a plan to improve the Succor Creek Scenic
Loop, as generally depicted on the map entitled ``Lake Owyhee,
Succor Creek, Birch Creek, and Three Forks Scenic Loops'' and
dated November 6, 2019, to accommodate visitors and residents.
(4) Birch creek scenic loop.--The Secretary shall work with
the County on a plan to improve the Birch Creek Scenic Loop, as
generally depicted on the map entitled ``Lake Owyhee, Succor
Creek, Birch Creek, and Three Forks Scenic Loops'' and dated
November 6, 2019, to accommodate visitors and residents.
(5) Three forks scenic loop.--The Secretary shall work with
the County on a plan to improve the Three Forks Scenic Loop, as
generally depicted on the map entitled ``Lake Owyhee, Succor
Creek, Birch Creek, and Three Forks Scenic Loops'' and dated
November 6, 2019--
(A) to accommodate visitors and residents; and
(B) to provide a connection to the Idaho Scenic
Byway.
(b) Improvements to State Parks and Other Amenities.--Not later
than 180 days after the date of enactment of this Act--
(1) the Commissioner, in coordination with the Owyhee
Irrigation District, shall work with Travel Oregon or the
Oregon Parks and Recreation Department, as appropriate--
(A) to carry out a feasibility study relating to
the establishment of not more than 2 marinas on the
Owyhee Reservoir;
(B) to carry out a feasibility study relating to
the establishment of a paddle bar on the Owyhee
Reservoir;
(C) to carry out improvements to existing Oregon
State Parks bordering the Owyhee Reservoir;
(D) to establish a network of hostelries in the
County using former hotels and bunkhouses that are not
in use;
(E) to carry out improvements to private camps on
the shore of the Owyhee Reservoir; and
(F) to establish a dude ranch at Birch Creek; and
(2) the Secretary shall work with the County to carry out a
feasibility study on the rails-to-trails project known as
``Rails to Trails: The Oregon Eastern Branch/The Oregon and
Northwestern Railroad''.
(c) Gateway to the Oregon Owyhee.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in coordination with
Travel Oregon, shall complete a feasibility study on how best to market
communities or sections of the County as the ``Gateway to the Oregon
Owyhee''.
(d) Jordan Valley Airstrip Improvements To Support Firefighting
Efforts.--
(1) In general.--The Secretary shall work with firefighting
entities in the County to determine--
(A) the need for the use of the Jordan Valley
Airstrip to support firefighting efforts; and
(B) the conditions under which the Jordan Valley
Airstrip may be used to support firefighting efforts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Malheur CEO Group a report on the need and conditions described
in subparagraphs (A) and (B) of paragraph (1), including any
ways in which to meet those conditions.
(e) Native Seed Center.--
(1) Establishment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Native Seed Center
Establishment Group shall establish a center, to be
known as the ``Native Seed Center'', to serve as the
primary native seed repository of the Federal
Government in the Western States.
(B) Native seed center establishment group.--
(i) Establishment of group.--Not later than
1 year after the date of enactment of this Act,
the Administrator of the Agricultural Resource
Service shall enter into a memorandum of
understanding with the partners described in
clause (ii) to establish a group, to be known
as the ``Native Seed Center Establishment
Group'', to establish and operate the Center.
(ii) Partners described.--The partners
referred to in clause (i) are--
(I) the Administrator of the Farm
Service Agency;
(II) Oregon State University;
(III) Treasure Valley Community
College;
(IV) the Malheur County Weeds
Department Inspector; and
(V) local agricultural producers in
the County.
(2) Purpose.--The Center shall--
(A) serve as a repository of native seeds deposited
with the Center;
(B) develop methods to improve the growth of native
seeds;
(C) give priority to the production of species of
plants, as seeds and seedlings, that--
(i) are of heightened cultural significance
to the Burns Paiute Tribe; and
(ii) are locally adapted; and
(D) pursuant to the contract described in paragraph
(3), provide native seeds for use on all rangeland
managed by the Bureau.
(3) Contract.--
(A) In general.--Not later than 180 days after the
establishment of the Center under paragraph (1), the
Center shall enter into a contract with the Bureau,
seed growers, ranchers in the County, and the Burns
Paiute Tribe to provide native seeds for use on all
rangeland managed by the Bureau.
(B) Requirement.--The contract under subparagraph
(A) shall--
(i) include the use of technologies such as
biochar to improve seed germination rates; and
(ii) guarantee prices and availability for
ranchers and members of the Burns Paiute Tribe
who use rangeland managed by the Bureau.
(f) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Secretary--
(A) to carry out subsection (a), $10,000,000 for
each of fiscal years 2020 through 2030;
(B) to carry out subsection (b)(2), $10,000,000 for
each of fiscal years 2020 through 2030;
(C) to carry out subsection (c), $10,000,000 for
each of fiscal years 2020 through 2030; and
(D) to carry out subsection (d), $10,000,000 for
each of fiscal years 2020 through 2030;
(2) to the Commissioner--
(A) to carry out subsection (b)(1)(A), $10,000,000
for each of fiscal years 2020 through 2030;
(B) to carry out subsection (b)(1)(B), $10,000,000
for each of fiscal years 2020 through 2030;
(C) to carry out subsection (b)(1)(C), $10,000,000
for each of fiscal years 2020 through 2030;
(D) to carry out subsection (b)(1)(D), $10,000,000
for each of fiscal years 2020 through 2030;
(E) to carry out subsection (b)(1)(E), $10,000,000
for each of fiscal years 2020 through 2030; and
(F) to carry out subsection (b)(1)(F), $10,000,000
for each of fiscal years 2020 through 2030; and
(3) to the Administrator of the Agricultural Resource
Service, for the establishment and operation of the Center,
$10,000,000 for each of fiscal years 2020 through 2030.
SEC. 7. TRIBAL PROTECTIONS.
(a) In General.--Nothing in this Act, including any designation or
nondesignation relating to increased protection of Tribal resources
under this Act, detrimentally affects any sacred Tribal or important
cultural location or resource.
(b) Land in Trust.--
(1) Definition of covered land.--In this subsection, the
term ``covered land'' means--
(A) the allotment of land of the Bureau known as
``OR00306 Jonesboro''; and
(B) the allotment of land of the Bureau known as
``OR00229 Road Gulch''.
(2) Land in trust.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
covered land shall be held in trust by the United States for
the benefit of the Burns Paiute Tribe.
(3) Transfer of administrative jurisdiction.--To better
manage and protect the resources around the Malheur River
Wildlife Mitigation Site of the Burns Paiute Tribe,
administrative jurisdiction over the covered land is
transferred from the Secretary to the Director of the Bureau of
Indian Affairs.
(4) Grants for management of land.--The Director of the
Bureau of Indian Affairs shall make grants to the Burns Paiute
Tribe to support the management of the covered land.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Director of the Bureau of Indian Affairs to make
grants under subsection (b)(4) $10,000,000 for each of fiscal years
2020 through 2030.
<all>