[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4860 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4860
To provide for the establishment of a grazing management program on
Federal land in Malheur County, Oregon, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2022
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 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 ``Malheur Community Empowerment for
the Owyhee Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(3) County.--The term ``County'' means Malheur County,
Oregon.
(4) Federal land.--The term ``Federal land'' means land in
the County managed by the Bureau.
(5) Long-term ecological health.--The term ``long-term
ecological health'', with respect to an ecosystem, means the
ability of the ecological processes of the ecosystem to
function in a manner that maintains the composition, structure,
activity, and resilience of the ecosystem over time, including
an ecologically appropriate diversity of plant and animal
communities, habitats, and conditions that are sustainable
through successional processes.
(6) Loop road.--
(A) In general.--The term ``loop road'' means a
route managed and maintained by the Bureau or the
County, as applicable, 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(b).
(7) Malheur ceo group.--The term ``Malheur CEO Group''
means the Malheur Community Empowerment for Owyhee Group
established under section 4(a).
(8) Operational flexibility.--The term ``operational
flexibility'', with respect to grazing on the Federal land,
means any approved seasonal adjustments of livestock
positioning for the purposes of that grazing pursuant to a
flexible grazing use authorized under the program.
(9) Program.--The term ``program'' means the Malheur County
Grazing Management Program authorized under section 3(a).
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--The term ``State'' means the State of Oregon.
SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.
(a) In General.--The Secretary may carry out a grazing management
program on the Federal land, to be known as the ``Malheur County
Grazing Management Program'', in accordance with the memorandum
entitled ``Bureau of Land Management Instruction Memorandum 2018-109'',
to provide to authorized grazing permittees and lessees increased
operational flexibility to improve the long-term ecological health of
the Federal land.
(b) Permit Operational Flexibility.--
(1) Flexible grazing use alternative for a grazing permit
or lease.--For purposes of renewing a 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 flexible grazing use for a grazing permit or
lease.--For purposes of using operational flexibility pending
the renewal of a grazing permit or lease under the program, the
Bureau may authorize temporary changes in livestock grazing use
in accordance with applicable laws (including regulations)
after providing notice to the applicable individuals and
entities described in paragraph (3).
(3) Consultation.--The Secretary shall develop alternatives
under paragraph (1) in consultation with--
(A) the applicable grazing permittee or lessee;
(B) affected Federal and State agencies;
(C) the Malheur CEO Group;
(D) other landowners in the affected allotment; and
(E) interested members of the public.
(4) Monitoring plans.--
(A) In general.--The Secretary shall develop
cooperative rangeland monitoring plans and rangeland
health objectives to apply to actions taken under
paragraph (1) or (2) and to improve the long-term
ecological health of the Federal land under the
program, in consultation with grazing permittees or
lessees and other individuals and entities described in
paragraph (3).
(B) Requirements.--A monitoring plan developed
under subparagraph (A) shall--
(i) identify situations in which providing
operational flexibility in grazing permit or
lease uses is appropriate to improve long-term
ecological health of the Federal land;
(ii) identify ways in which progress would
be measured toward long-term ecological health
of the Federal land;
(iii) include--
(I) a description of the condition
standards for which the monitoring is
tracking, including baseline conditions
and desired outcome conditions;
(II) a description of monitoring
methods and protocols;
(III) a schedule for collecting
data;
(IV) an identification of the
responsible party for data collection
and storage;
(V) an evaluation schedule;
(VI) a description of the
anticipated use of the data;
(VII) provisions for adjusting any
components of the monitoring plan; and
(VIII) a description of the method
to communicate the criteria for
adjusting livestock grazing use; and
(iv) provide for annual reports on the
effects of operational flexibility in grazing
permit or lease uses under the program.
(5) 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 incorporate
the alternative, including applicable monitoring plans
developed under paragraph (4), into the terms and
conditions of the applicable grazing permit or lease.
(B) Adjustments.--Before implementing any measure
for purposes of operational flexibility with respect to
a grazing use authorized under the terms and conditions
of a permit or lease with respect to which an
alternative has been incorporated under subparagraph
(A), the grazing permittee or lessee shall notify the
Secretary in writing of the proposed adjustment.
(C) 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) Review; Termination.--
(1) Review.--
(A) In general.--Subject to subparagraph (B), not
earlier than the date that is 8 years after the date of
enactment of this Act, the Secretary shall conduct a
review of the program to determine whether the
objectives of the program are being met.
(B) No effect on program permits and leases.--The
review of the program under subparagraph (A) shall not
affect the existence, renewal, or termination of a
grazing permit or lease entered into under the program.
(2) Termination.--If, based on the review conducted under
paragraph (1), the Secretary determines that the objectives of
the program are not being met, the Secretary shall, on the date
that is 10 years after the date of enactment of this Act--
(A) modify the program in a manner to ensure that
the objectives of the program would be met; or
(B) terminate the program.
(d) No Effect on Grazing Rights or Privileges.--Nothing in this
Act--
(1) affects the rights or privileges provided under the Act
of 10 June 28, 1934 (commonly known as the ``Taylor Grazing
Act''; 43 U.S.C. 315 et seq.); or
(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.
SEC. 4. MALHEUR COMMUNITY EMPOWERMENT FOR OWYHEE GROUP.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory group,
to be known as the ``Malheur Community Empowerment for Owyhee Group''--
(1) to provide to the Secretary advice and recommendations
relating to the implementation of actions proposed to be
carried out under this Act, including monitoring and
operational flexibility of grazing use of the Federal land;
(2) to be listed as an interested party for pending Bureau
management decisions on the Federal land under this Act; and
(3) to provide advice and recommendations to the State and
the County commissioners on economic development issues
relating to the Federal land under this Act.
(b) Membership.--
(1) In general.--The Malheur CEO Group shall consist of--
(A) 8 voting members, to be appointed by the
Secretary, based on recommendations from the Vale
District Bureau manager and the County commissioners,
of whom--
(i) 3 shall be representatives of grazing
permittees and lessees in the County;
(ii) 3 shall be representatives of other
businesses or conservation or recreation
organizations in the County, of whom at least 2
shall reside in the County;
(iii) 1 shall be a representative of the
Burns Paiute Tribe; and
(iv) 1 shall be a representative of the
Fort McDermott Tribe; and
(B) 4 nonvoting members, to be appointed by the
Secretary, based on recommendations from the Vale
District Bureau manager and the County commissioners,
of whom--
(i) 1 shall be a representative of the
Bureau Vale District;
(ii) 1 shall be a representative of the
United States Fish and Wildlife Service;
(iii) 1 shall be a representative of the
State; and
(iv) 1 shall be a representative of the
County.
(2) Appointment.--
(A) 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.
(B) Terms.--Each member of the Malheur CEO Group
shall serve for a term of 3 years.
(C) Reappointment.--A member of the Malheur CEO
Group may be reappointed for 1 or more additional 3-
year terms.
(D) 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.
(3) Compensation and expenses.--
(A) Compensation.--Members of the Malheur CEO Group
shall serve without compensation.
(B) 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.
(4) Chairperson.--A chairperson shall be elected by a
majority of the voting members of the Malheur CEO Group.
(5) Secretary.--The representative from the Bureau Vale
District appointed under paragraph (1)(B)(i) shall be--
(A) the secretary and recordkeeper for the Malheur
CEO Group; and
(B) responsible for convening meetings of the
Malheur CEO Group.
(c) Duties.--
(1) In general.--The Malheur CEO Group shall--
(A) review any program project proposed to the
Bureau by--
(i) a member of the Malheur CEO Group;
(ii) a grazing permittee or lessee on the
Federal land; or
(iii) any other member of the public;
(B) subject to paragraph (2), propose program
projects and funding recommendations to the Secretary
under this section;
(C) cooperate with appropriate officials of land
management agencies in the County in recommending
program projects consistent with purposes of this
section;
(D) review program monitoring data and, in
accordance with this subsection, recommend program
project modifications, if appropriate; and
(E) provide frequent opportunities for citizens,
organizations, Indian Tribes, land management agencies,
and other interested parties to participate openly and
meaningfully in program project development and
implementation.
(2) Projects proposed to secretary.--The Malheur CEO Group
may propose a program project to the Secretary if the program
project has been approved by a majority of the members voting
at an official meeting of the Malheur CEO Group.
(d) Meetings.--
(1) In general.--A quorum is required for an official
meeting of the Malheur CEO Group.
(2) Biannual meetings.--The Malheur CEO Group shall hold
official meetings not less frequently than biannually.
(3) Virtual meetings.--An official meeting of the Malheur
CEO Group may be held virtually.
(4) Quorum.--A quorum of the Malheur CEO Group shall
consist of a majority of the members of the Malheur CEO Group
participating in person or virtually.
(5) Open meetings.--Each meeting of the Malheur CEO Group
shall--
(A) not later than the date that is 1 week before
the date of the meeting, be announced--
(i) on the public website of the Bureau;
and
(ii) in a local newspaper of record, as
determined by the Secretary; and
(B) be held open to the public.
(6) Records.--The secretary of the Malheur CEO Group
described in subsection (b)(5) shall--
(A) maintain records of each official meeting of
the Malheur CEO Group; and
(B) make the records maintained under subparagraph
(A) available for public inspection.
(e) Bylaws.--
(1) In general.--The members of the Malheur CEO Group shall
establish bylaws for the Malheur CEO Group.
(2) Requirement.--Bylaws may be established under paragraph
(1) on approval by a majority of the members of the Malheur CEO
Group.
(f) Consultation.--During any period in which the program and the
Malheur CEO Group are in existence, the Secretary shall consult with
the Malheur CEO Group--
(1) not less frequently than once every 60 days; or
(2) as otherwise agreed to by--
(A) the Secretary; and
(B) the Malheur CEO Group.
(g) FACA Applicability.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Malheur CEO Group.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $51,000 for each of
fiscal years 2023 through 2027.
(2) Administrative costs.--Of the amounts made available
under paragraph (1), not more than 10 percent may be used for
administrative costs relating to the Malheur CEO Group.
SEC. 5. LAND DESIGNATIONS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Malheur County'' and dated November 6,
2019.
(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 1,133,841 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 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, 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, 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, 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, comprising approximately 66,194 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 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,
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,
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,
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,
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,
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,
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,
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, comprising approximately 5,272 acres, as
generally depicted on the Map, which shall be known as
the ``Little Groundhog Reservoir Wilderness''.
(O) Mary gautreaux lower owyhee canyon
wilderness.--Certain Federal land, 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, 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, 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,
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, 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, 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,
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,
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, 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, 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,
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, 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, 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,
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, 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, 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 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, including the
maintenance, construction, or replacement of authorized
supporting facilities, 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 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).
(C) Fire management and related activities.--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) 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).
(D) Roads adjacent to wilderness areas.--Nothing in
this Act requires the closure of any adjacent road
outside the boundary of a wilderness area.
(c) Management of Land Not Designated as Wilderness.--
(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 depicted on the Map, on the date of enactment
of this Act 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
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), including any
applicable land use plan 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 that was
previously determined by the Secretary to be land with
wilderness characteristics that is not designated as wilderness
by subsection (b)(1) 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).
SEC. 6. ECONOMIC DEVELOPMENT.
(a) Definition of Map.--In this section, the term ``Map'' means the
map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks
Scenic Loops'' and dated November 6, 2019.
(b) Loop Roads Requirements.--
(1) In general.--The Secretary, in coordination with the
County, shall work with Travel Oregon to establish 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,
weather permitting.
(iii) Compliance with standards.--If the
County receives any funds under this
subparagraph, the County shall ensure that, not
later than 1 year after the date of enactment
of this Act, weather permitting, the Owyhee Dam
Road is in compliance with the applicable
standards of--
(I) the State;
(II) the County; and
(III) each affected County road
district.
(B) 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, 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, 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--
(A) to accommodate visitors and residents; and
(B) to provide a connection to the Idaho Scenic
Byway.
(c) 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, to
carry out a feasibility study regarding each of--
(A) the establishment of not more than 2 marinas on
the Owyhee Reservoir;
(B) improvements to existing Oregon State Parks
bordering the Owyhee Reservoir;
(C) the establishment of a network of hostelries in
the County using former hotels and bunkhouses that are
not currently in use;
(D) improvements to private camps on the shore of
the Owyhee Reservoir;
(E) the establishment of a dude ranch at Birch
Creek; and
(F) any other economic development proposals for
the Owyhee Reservoir or the County; and
(2) the Secretary shall work with the County to carry out a
feasibility study regarding the rails-to-trails project known
as ``Rails to Trails: The Oregon Eastern Branch/The Oregon and
Northwestern Railroad''.
(d) 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''.
(e) 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 describing the need and conditions
described in subparagraphs (A) and (B) of paragraph (1),
including methods by which to meet those conditions.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023--
(1) to the Secretary--
(A) to carry out subsection (b), $2,000,000;
(B) to carry out subsection (c)(2), $2,000,000;
(C) to carry out subsection (d), $500,000; and
(D) to carry out subsection (e), $500,000; and
(2) to the Commissioner to carry out subsection (c)(1),
$1,000,000.
SEC. 7. LAND CONVEYANCE TO BURNS PAIUTE TRIBE.
(a) Conveyance and Taking Into Trust.--As soon as practicable after
the date of enactment of this Act, the Secretary shall--
(1) transfer to the Burns Paiute Tribe all right, title,
and interest in and to the land in the State described in
subsection (b) for the purpose of protecting and conserving
cultural and natural values and to be part of the reservation
of the Burns Paiute Tribe; and
(2) take the land transferred under paragraph (1) into
trust for the benefit of the Burns Paiute Tribe.
(b) Description of Land.--The land referred to in subsection (a)(1)
is the following, as depicted on the map entitled ``Malheur Reservation
Paiute Indian Tribe Grant, Malheur, and Harney Counties, Oregon'' and
dated March 15, 1958:
(1) 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 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:
(A) T. 20 S., R. 38 E., secs. 25 and 36.
(B) T. 20 S., R. 39 E., secs. 25-36.
(C) T. 20 S., R. 40 E., secs. 30, 31, and 32.
(D) T. 21 S., R. 39 E., secs. 1-18, 20-29, and 32-
36.
(E) T. 21 S., R. 40 E., secs. 5-8, 17-19, 30, and
31.
(F) T. 22 S., R. 39 E., secs. 1-5, 8, and 9.
(2) 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:
(A) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13,
21-28, and 36.
(B) T 20 S., R. 40 E., secs. 19, 30, 31, and 32.
(c) Applicable Law.--Land taken into trust under subsection (a)(2)
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.
(d) 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 subsection (a)(2).
(e) 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 subsection
(b)(2) that are owned by the State.
(f) Payment in Lieu of Taxes Program.--Any land taken into trust
under subsection (a)(2) shall be eligible for payments under the
payment in lieu of taxes program established under chapter 69 of title
31, United States Code.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.
SEC. 8. EFFECT ON TRIBAL RIGHTS AND CERTAIN EXISTING USES.
Nothing in this Act, including any designation or nondesignation of
land transferred into trust to be held by the United States for the
benefit of the Burns Paiute Tribe under section 7--
(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 rights-of-way; or
(B) preexisting grazing uses and existing water
rights or mining claims, except as specifically
negotiated between any applicable Indian Tribe and the
Secretary.
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