[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1890
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
June 8, 2023
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, connectivity, 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 c.e.o. group.--The term ``Malheur C.E.O.
Group'' means the group described in section 4(b).
(8) Operational flexibility.--The term ``operational
flexibility'', with respect to grazing on the Federal land,
means--
(A) a seasonal adjustment of livestock positioning
for the purposes of that grazing pursuant to a flexible
grazing use authorized under the program with respect
to which written notice is provided; or
(B) an adjustment of water source placement with
respect to which written notice is provided.
(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.--At the request of an authorized grazing permittee or
lessee, 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) 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 C.E.O. Group;
(D) the Burns Paiute Tribe or the Ft. McDermitt
Paiute Shoshone Tribe, as applicable;
(E) other landowners in the affected allotment; and
(F) interested members of the public.
(3) Implementation of interim operational flexibilities.--
If an applicable monitoring plan has been adopted under
paragraph (4), in order to improve long-term ecological health,
on the request of an authorized grazing permittee or lessee,
the Secretary shall, using new and existing data, triggered by
changes in weather, forage production, effects of fire or
drought, or other temporary conditions, allow a variance to the
terms and conditions of the existing applicable grazing permit
or lease for the applicable year--
(A) to adjust the season of use, the beginning date
of the period of use, the ending date of the period of
use, or both the beginning date and ending date, as
applicable, under the grazing permit or lease, subject
to the requirements that--
(i) unless otherwise specified in the
appropriate allotment management plan or any
other activity plan that is the functional
equivalent to the appropriate allotment
management plan under section 4120.2(a)(3) of
title 43, Code of Federal Regulations (or a
successor regulation), the applicable adjusted
date of the season of use occurs--
(I) not earlier than 14 days before
the beginning date specified in the
applicable permit or lease; and
(II) not later than 14 days after
the ending date specified in the
applicable permit or lease; and
(ii) the authorized grazing permittee or
lessee provides written notice of the
adjustment to the Bureau not later than 2
business days before or after the date of
adjustment;
(B) to adjust the dates for pasture rotation based
on average vegetation stage and soil condition by not
more than 14 days, subject to the requirement that the
authorized grazing permittee or lessee shall provide to
the Bureau written notice of the adjustment not later
than 2 business days before or after the date of
adjustment;
(C) to adjust the placement of water structures for
livestock or wildlife by not more than 100 yards from
an associated existing road, pipeline, or structure,
subject to the requirement that the authorized grazing
permittee or lessee shall provide to the Bureau written
notice of the adjustment not later than 2 business days
before or after the date of the adjustment; and
(D) in a case in which the monitoring plan adopted
under paragraph (4) indicates alterations in the
operational flexibilities are necessary to achieve
ecological health or avoid further ecological
degradation of the allotment or allotment area, to
adjust the operational flexibilities immediately,
subject to the requirement that the authorized grazing
permittee or lessee shall provide notification of the
adjustment to the individuals and entities described in
subparagraphs (B) through (F) of paragraph (2).
(4) Monitoring plans.--
(A) Monitoring plans for permit flexibility.--
(i) In general.--The Secretary shall adopt
cooperative rangeland monitoring plans and
rangeland health objectives to apply to actions
taken under paragraph (1) and to monitor and
evaluate the improvements or degradations to
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
(2), using existing or new scientifically
supportable data.
(ii) Requirements.--A monitoring plan
adopted under clause (i) shall--
(I) identify situations in which
providing operational flexibility in
grazing permit or lease uses under the
program is appropriate to improve long-
term ecological health of the Federal
land;
(II) identify ways in which
progress under the program would be
measured toward long-term ecological
health of the Federal land;
(III) include for projects
monitored under the program--
(aa) a description of the
condition standards for which
the monitoring is tracking,
including baseline conditions
and desired outcome conditions;
(bb) a description of
monitoring methods and
protocols;
(cc) a schedule for
collecting data;
(dd) an identification of
the responsible party for data
collection and storage;
(ee) an evaluation
schedule;
(ff) a description of the
anticipated use of the data;
(gg) provisions for
adjusting any components of the
monitoring plan; and
(hh) a description of the
method to communicate the
criteria for adjusting
livestock grazing use; and
(IV) provide for annual reports on
the effects of flexibility in grazing
permit or lease uses under the program
to allow the Secretary to make
management adjustments to account for
the information provided in the annual
report.
(B) Monitoring plans for interim operational
flexibility.--
(i) In general.--The Secretary shall adopt
cooperative rangeland utilization monitoring
plans and rangeland health objectives to apply
to actions taken under paragraph (3) and to
monitor and evaluate the improvements or
degradations to the long-term ecological health
of the Federal land identified for flexible use
under the program.
(ii) Requirements.--A monitoring plan
developed under clause (i) shall--
(I) evaluate the percent
utilization of available forage;
(II) identify the appropriate
percentage of utilization for the feed
type, ecosystem, time of year, and type
of animal using the allotment;
(III) include--
(aa) a description of the
utilization standards for which
the monitoring is tracking,
including baseline conditions
and desired outcome conditions;
(bb) a description of
utilization evaluation
protocol;
(cc) an evaluation schedule
identifying periods during
which utilization data will be
collected;
(dd) provisions for
adjusting any components of the
monitoring plan, including
acceptance of data from
identified third parties; and
(ee) a description of the
method to communicate the
criteria for adjusting
livestock grazing use based on
the on-the-ground conditions
after the period of use; and
(IV) provide for annual reports on
the effects of flexibility in grazing
permit or lease uses under the program
to allow the Secretary to make
management adjustments to account for
the information provided in the annual
report.
(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--
(i) incorporate the alternative, including
applicable monitoring plans adopted under
paragraph (4), into the terms and conditions of
the applicable grazing permit or lease; and
(ii) specify how the monitoring information
with respect to the preferred alternative
should be used to inform management adjustments
under the program.
(B) 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) Definitions.--In this section:
(1) Consensus.--The term ``consensus'' means a unanimous
agreement by the members of the Malheur C.E.O. Group present
and constituting a quorum at a regularly scheduled business
meeting of the Malheur C.E.O. Group.
(2) Federal agency.--
(A) In general.--The term ``Federal agency'' means
an agency or department of the Government of the United
States.
(B) Inclusions.--The term ``Federal agency''
includes--
(i) the Bureau of Reclamation;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau;
(iv) the United States Fish and Wildlife
Service; and
(v) the Natural Resources Conservation
Service.
(3) Quorum.--The term ``quorum'' means 1 more than \1/2\ of
the members of the Malheur C.E.O. Group.
(b) Establishment.--The Malheur C.E.O. Group, as established before
the date of enactment of this Act, shall assist in carrying out this
Act.
(c) Membership.--
(1) In general.--The Malheur C.E.O. Group consists of--
(A) 5 voting members who represent private
interests, of whom--
(i) 3 members represent livestock grazing
interests, of whom--
(I) 1 member resides in the
northern \1/3\ of Malheur County;
(II) 1 member resides in the center
\1/3\ of Malheur County; and
(III) 1 member resides in the
southern \1/3\ of Malheur County;
(ii) 1 member is in the recreation or
tourism industry; and
(iii) 1 member is from an applicable
irrigation district;
(B) 2 voting members who represent the
environmental community, 1 of whom is based in the
County;
(C) 1 voting member who represents the hunting or
fishing community;
(D) 2 voting members who are representatives of
Indian Tribes, of whom--
(i) 1 member shall be a representative of
the Burns Paiute Tribe; and
(ii) 1 member shall be a representative of
the Fort McDermitt Paiute Shoshone Tribe;
(E) 2 nonvoting members who are representatives of
Federal agencies with authority and responsibility in
the County and who shall provide technical assistance,
1 of whom shall represent the Bureau;
(F) 2 nonvoting members who are representatives of
State agencies with authority and responsibility in the
County and who shall provide technical assistance, of
whom--
(i) 1 member shall be from the State
Department of Fish and Wildlife; and
(ii) 1 member shall be from the State Parks
Department; and
(G) 4 nonvoting members who are representatives of
units of local government within the County and who
shall provide technical assistance, 1 of whom shall be
from the County weeds eradication department.
(2) Appointment; term; vacancy.--
(A) Appointment.--
(i) Governmental agencies.--A member of the
Malheur C.E.O. Group representing a Federal
agency or State or local agency shall be
appointed by the head of the applicable agency.
(ii) Private interests.--A member of the
Malheur C.E.O. Group representing private
interests appointed after the date of enactment
of this Act shall be appointed in accordance
with the articles of incorporation and bylaws
of the Malheur C.E.O. Group.
(B) Term.--
(i) Representatives of federal agencies.--A
member of the Malheur C.E.O. Group who
represents a Federal agency shall serve for a
term of 3 years.
(ii) Other members.--A member of the
Malheur C.E.O. Group not described in clause
(i) shall serve for a term of 3 years.
(C) Vacancy.--A vacancy on the Malheur C.E.O. Group
shall be filled in the manner described in subparagraph
(A).
(d) Projects.--
(1) In general.--The Malheur C.E.O. Group shall propose
eligible projects described in paragraph (2) on Federal land
and water and non-Federal land and water in the County to be
carried out by the Malheur C.E.O. Group or a third party, using
funds provided by the Malheur C.E.O. Group, if a consensus of
the Malheur C.E.O. Group approves the proposed eligible
project.
(2) Description of eligible projects.--An eligible project
referred to in paragraph (1) is a project relating to--
(A) ecological restoration, including development,
planning, and implementation;
(B) range improvements for the purpose of providing
more efficient and effective ecologically beneficial
management of domestic livestock, fish, wildlife, or
habitat;
(C) invasive species management or eradication,
including invasive weeds, vegetation, fish, or
wildlife;
(D) restoration of springs and related water
infrastructure to enhance the availability of
sustainable flows of freshwater for livestock, fish, or
wildlife;
(E) conservation of cultural sites; or
(F) economic development or recreation management.
(3) Requirement.--
(A) In general.--In the case of an eligible project
proposed under paragraph (1) that is to be carried out
on Federal land or requires the use of Federal funds,
the project may not be carried out without the approval
of the head of the applicable Federal agency.
(B) Failure to approve.--If an eligible project
described in subparagraph (A) is not approved by the
head of the applicable Federal agency, not later than
14 business after the date on which the proposal is
submitted to the head of the applicable Federal agency,
the head of the Federal agency shall provide to the
Malheur C.E.O. Group in writing a description of the
reasons for not approving the proposed eligible
project.
(4) Failure to approve by consensus.--If an eligible
project proposed under paragraph (1) is not agreed to by
consensus after 3 votes are conducted by the Malheur C.E.O.
Group, the proposed eligible project may be agreed to by a
quorum of the members of the Malheur C.E.O. Group, subject to
the limitations that--
(A) the eligible project may not be carried out on
Federal land; and
(B) no Federal funds may be used for an eligible
project that is agreed to in accordance with this
paragraph.
(5) Acceptance of donations.--The Malheur C.E.O. Group
may--
(A) accept and place into a trust fund any
donations, grants, or other funds received by the
Malheur C.E.O. Group; and
(B) use amounts placed into a trust fund under
paragraph (1) to carry out eligible projects approved
in accordance with this section, including eligible
projects carried out on Federal land or water or using
Federal funds, if the project is approved by the head
of the applicable Federal agency.
(6) Cost-sharing requirement.--
(A) In general.--The Federal share of the total
cost of an eligible project carried out using amounts
made available under subsection (i) shall be not more
than 75 percent.
(B) Form of non-federal contribution.--The non-
Federal contribution required under subparagraph (A)
may be provided in the form of in-kind contributions.
(7) Funding recommendations.--All funding recommendations
developed by the Malheur C.E.O. Group shall be based on a
consensus of the Malheur C.E.O. Group members.
(e) Technical Assistance.--Any Federal agency with authority and
responsibility in the County shall provide technical assistance to the
Malheur C.E.O. Group on request of the Malheur C.E.O. Group.
(f) Public Notice and Participation.--The Malheur C.E.O. Group
shall conduct all meetings subject to applicable open meeting and
public participation laws.
(g) Priorities.--For purposes of approving eligible projects
proposed under paragraph (1), the Malheur C.E.O. Group shall give
priority to voluntary habitat, range, and ecosystem restoration
projects focused on improving the long-term ecological health of the
Federal land and natural bodies of water.
(h) Additional Projects.--To the extent permitted by existing
authorities and subject to the availability of appropriations, Federal
agencies may contribute to the implementation of projects recommended
by the Malheur C.E.O. Group and approved by the Secretary.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $1,000,000 for each of
fiscal years 2024 through 2034.
(2) Maintenance and distribution.--Amounts made available
under paragraph (1) shall be maintained and distributed by the
Secretary.
(3) Administrative expenses.--Not more than more than 5
percent of amounts made available under paragraph (1) for a
fiscal year may be used for the administration of this Act.
(4) Grants.--Of the amounts made available under paragraph
(1), not more than 10 percent may be made available for a
fiscal year to provide grants to the Malheur C.E.O. Group.
(j) Effect.--
(1) Existing activities.--The activities of the Malheur
C.E.O. Group shall supplement, rather than replace, existing
activities to manage the natural resources of the County.
(2) Legal rights, duties, or authorities.--Nothing in this
section affects any legal right, duty, or authority of any
person or Federal agency, including any member of the Malheur
C.E.O. Group.
SEC. 5. LAND DESIGNATIONS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Malheur County'' and dated June 7, 2023.
(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 1,097,731 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''.
(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) Roads adjacent to wilderness areas.--Nothing in
this Act requires the closure of any adjacent road
outside the boundary of a wilderness area.
(D) Fish and wildlife management activities.--
(i) In general.--In furtherance of the
purposes and principles of the Wilderness Act
(16 U.S.C. 1131 et seq.), the Secretary may
conduct any management activities that are
necessary to maintain or restore fish and
wildlife populations and habitats in the
wilderness areas, if the management activities
are--
(I) consistent with applicable
wilderness management plans; and
(II) conducted in accordance with
appropriate policies, such as the
policies established in Appendix B of
the report of the Committee on Interior
and Insular Affairs of the House of
Representatives accompanying H.R. 2570
of the 101st Congress (House Report
101-405).
(ii) Inclusions.--Management activities
under clause (i) may include the occasional and
temporary use of motorized vehicles, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values while causing the
minimum impact necessary to accomplish those
tasks.
(E) Existing activities.--Consistent with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1))
and in accordance with appropriate policies, such as
the policies established in Appendix B of the report of
the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the
101st Congress (House Report 101-405), the State may
use aircraft (including helicopters) in the wilderness
areas to survey capture, transplant, monitor, and
provide water for wildlife populations, including
bighorn sheep and feral stock, feral horses, and feral
burros.
(c) Management of 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, but not depicted on the Map as a wilderness study
area, 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) and is not designated on the Map as ``land
with wilderness characteristics'' 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 of Transportation, in
coordination with the Secretary and County, shall work with
Travel Oregon to establish the loop roads.
(2) Owyhee dam road.--
(A) Safety upgrades.--
(i) In general.--The Secretary of
Transportation 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 (g)(1),
there is authorized to be appropriated to the Secretary
of Transportation to carry out subparagraph (A)
$6,000,000.
(3) Succor creek scenic loop.--The Secretary of
Transportation shall work with the Secretary and 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 of
Transportation shall work with the Secretary and 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 of
Transportation shall work with the Secretary and 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; and
(E) any other economic development proposals for
the Owyhee Reservoir or the County; and
(2) the Secretary of Transportation 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 of Transportation, 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 C.E.O. 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) Wildlife Recreation, Migrations, Management, and Law
Enforcement.--The Secretary shall--
(1) study and carry out recreation improvements on the
Owyhee River below Owyhee Dam;
(2) in coordination with the United States Geological
Survey, State wildlife agencies, and the Burns Paiute Tribe,
study big game migrations in the Owyhee region;
(3) coordinate bighorn sheep management with agencies in
the States of Idaho, Oregon, and Nevada (including authorized
agents of those agencies); and
(4) provide for increased law enforcement in the Owyhee
region.
(g) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2024--
(1) to the Secretary of Transportation--
(A) to carry out subsection (b), $2,000,000;
(B) to carry out subsection (c)(2), $2,000,000; and
(C) to carry out subsection (d), $500,000;
(2) to the Commissioner to carry out subsection (c)(1),
$1,000,000; and
(3) to the Secretary--
(A) to carry out subsection (e), $500,000; and
(B) to carry out subsection (f), $1,000,000.
SEC. 7. LAND CONVEYANCES TO BURNS PAIUTE TRIBE AND CASTLE ROCK CO-
STEWARDSHIP AREA.
(a) Jonesboro Ranch, Road Gulch, and Black Canyon Land
Conveyances.--
(1) Conveyance and taking into trust.--
(A) Title.--As soon as practicable after the date
of enactment of this Act, the Secretary shall accept
title to the land described in paragraph (2), if
conveyed or otherwise transferred to the United States
by, or on behalf of, the Burns Paiute Tribe.
(B) Trust.--Land to which title is accepted by the
Secretary under subparagraph (A) shall--
(i) be held in trust by the United States
for the benefit of the Burns Paiute Tribe; and
(ii) be part of the reservation of the
Burns Paiute Tribe.
(2) Description of land.--The land referred to in paragraph
(1)(A) 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:
(A) Jonesboro ranch.--The parcel commonly known as
``Jonesboro Ranch'', located approximately 6 miles east
of Juntura, Oregon, consisting of 21,548 acres of
Federal land, 6,686 acres of certain private land owned
by the Burns Paiute Tribe and associated with the
Jonesboro Ranch containing the pastures referred to as
``Saddle Horse'' and ``Trail Horse'', ``Indian Creek'',
``Sperry Creek'', ``Antelope Swales'', ``Horse Camp'',
``Dinner Creek'', ``Upper Hunter Creek'', and ``Tim's
Peak'', and more particularly described as follows:
(i) T. 20 S., R. 38 E., secs. 25 and 36,
Willamette Meridian.
(ii) T. 20 S., R. 39 E., secs. 25-36,
Willamette Meridian.
(iii) T. 20 S., R. 40 E., secs. 30, 31, and
32, Willamette Meridian.
(iv) T. 21 S., R. 39 E., secs. 1-18, 20-29,
and 32-36, Willamette Meridian.
(v) T. 21 S., R. 40 E., secs. 5-8, 17-19,
30, and 31, Willamette Meridian.
(vi) T. 22 S., R. 39 E., secs. 1-5, 8, and
9, Willamette Meridian.
(B) Road gulch; black canyon.--The approximately
4,137 acres of State land containing the pastures
referred to as ``Road Gulch'' and ``Black Canyon'' and
more particularly described as follows:
(i) T. 20 S., R. 39 E., secs. 10, 11, 15,
14, 13, 21-28, and 36, Willamette Meridian.
(ii) T 20 S., R. 40 E., secs. 19, 30, 31,
and 32, Willamette Meridian.
(3) Applicable law.--Land taken into trust under paragraph
(1)(B) shall be administered in accordance with the laws
(including regulations) generally applicable to property held
in trust by the United States for the benefit of an Indian
Tribe.
(4) Map of trust land.--As soon as practicable after the
date of enactment of this Act, the Secretary shall prepare a
map depicting the land taken into trust under paragraph (1)(B).
(5) Land exchange.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall seek to enter
into an agreement with the State under which the Secretary
would exchange Federal land for the portions of the area
described in paragraph (2)(B) that are owned by the State.
(6) Payment in lieu of taxes program.--Any land taken into
trust under paragraph (1)(B) shall be eligible for payments
under the payment in lieu of taxes program established under
chapter 69 of title 31, United States Code.
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are necessary
to carry out this subsection.
(b) Castle Rock Land To Be Held in Trust and Co-stewardship Area.--
(1) Land to be held in trust.--All right, title, and
interest of the United States in and to the approximately 2,500
acres of land in the Castle Rock Wilderness Study Area, as
depicted on the map entitled ``Proposed Wilderness Malheur
County'' and dated June 7, 2023, shall--
(A) be held in trust by the United States for the
benefit of the Burns Paiute Tribe; and
(B) be part of the reservation of the Burns Paiute
Tribe.
(2) Castle rock co-stewardship area.--
(A) Memorandum of understanding.--
(i) In general.--As soon as practicable
after the date of enactment of this Act, the
Secretary shall seek to enter into a memorandum
of understanding with the Burns Paiute Tribe to
provide for the co-stewardship of the area
depicted as ``Castle Rock Co-Stewardship Area''
on the map entitled ``Proposed Wilderness
Malheur County'' and dated June 7, 2023, to be
known as the ``Castle Rock Co-Stewardship
Area''.
(ii) Requirement.--The memorandum of
understanding entered into under clause (i)
shall ensure that the Castle Rock Co-
Stewardship Area is managed in a manner that--
(I) ensures that Tribal interests
are adequately considered;
(II) provides for maximum
protection of cultural and
archaeological resources; and
(III) provides for the protection
of natural resources with cultural
significance.
(B) Management agreements.--In accordance with
applicable law (including regulations), the Secretary
may enter into 1 or more management agreements with the
Burns Paiute Tribe to authorize the Burns Paiute Tribe
to carry out management activities in the Castle Rock
Co-Stewardship Area in accordance with the memorandum
of understanding entered into under subparagraph
(A)(i).
(C) Grazing.--The grazing of livestock in the
Castle Rock Co-Stewardship Area, if established before
the date of enactment of this Act, shall be permitted
to continue in accordance with applicable law
(including regulations).
(D) Water rights.--Nothing in this paragraph--
(i) affects any valid and existing water
rights; or
(ii) provides the Burns Paiute Tribe with
any new water right or claim.
(3) Withdrawal.--Subject to valid existing rights, the land
taken into trust under paragraph (1) and the land comprising
the Castle Rock Co-Stewardship Area are withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing and geothermal
leasing laws and mineral materials laws.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000 for
fiscal year 2024.
(d) Effect on Tribal Rights and Certain Existing Uses.--Nothing in
this section, 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 this section--
(1) alters, modifies, enlarges, diminishes, or abrogates
rights secured by a treaty, statute, Executive order, or other
Federal law of any Indian Tribe, including off-reservation
reserved rights; or
(2) affects--
(A) existing 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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