[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Reported in Senate (RS)]
<DOC>
Calendar No. 501
118th CONGRESS
2d Session
S. 1890
[Report No. 118-222]
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
September 10, 2024
Reported by Mr. Manchin, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Malheur Community
Empowerment for the Owyhee Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Bureau.--The term ``Bureau'' means the Bureau
of Land Management.</DELETED>
<DELETED> (2) Commissioner.--The term ``Commissioner'' means
the Commissioner of Reclamation.</DELETED>
<DELETED> (3) County.--The term ``County'' means Malheur
County, Oregon.</DELETED>
<DELETED> (4) Federal land.--The term ``Federal land'' means
land in the County managed by the Bureau.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Loop road.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Inclusion.--The term ``loop road''
includes each of the roads described in paragraphs (2)
through (5) of section 6(b).</DELETED>
<DELETED> (7) Malheur c.e.o. group.--The term ``Malheur
C.E.O. Group'' means the group described in section
4(b).</DELETED>
<DELETED> (8) Operational flexibility.--The term
``operational flexibility'', with respect to grazing on the
Federal land, means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) an adjustment of water source
placement with respect to which written notice is
provided.</DELETED>
<DELETED> (9) Program.--The term ``program'' means the
Malheur County Grazing Management Program authorized under
section 3(a).</DELETED>
<DELETED> (10) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (11) State.--The term ``State'' means the State of
Oregon.</DELETED>
<DELETED>SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Permit Operational Flexibility.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Consultation.--The Secretary shall develop
alternatives under paragraph (1) in consultation with--
</DELETED>
<DELETED> (A) the applicable grazing permittee or
lessee;</DELETED>
<DELETED> (B) affected Federal and State
agencies;</DELETED>
<DELETED> (C) the Malheur C.E.O. Group;</DELETED>
<DELETED> (D) the Burns Paiute Tribe or the Ft.
McDermitt Paiute Shoshone Tribe, as
applicable;</DELETED>
<DELETED> (E) other landowners in the affected
allotment; and</DELETED>
<DELETED> (F) interested members of the
public.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) not earlier than 14
days before the beginning date
specified in the applicable permit or
lease; and</DELETED>
<DELETED> (II) not later than 14
days after the ending date specified in
the applicable permit or lease;
and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Monitoring plans.--</DELETED>
<DELETED> (A) Monitoring plans for permit
flexibility.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Requirements.--A monitoring
plan adopted under clause (i) shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (II) identify ways in
which progress under the program would
be measured toward long-term ecological
health of the Federal land;</DELETED>
<DELETED> (III) include for projects
monitored under the program--</DELETED>
<DELETED> (aa) a description
of the condition standards for
which the monitoring is
tracking, including baseline
conditions and desired outcome
conditions;</DELETED>
<DELETED> (bb) a description
of monitoring methods and
protocols;</DELETED>
<DELETED> (cc) a schedule
for collecting data;</DELETED>
<DELETED> (dd) an
identification of the
responsible party for data
collection and
storage;</DELETED>
<DELETED> (ee) an evaluation
schedule;</DELETED>
<DELETED> (ff) a description
of the anticipated use of the
data;</DELETED>
<DELETED> (gg) provisions
for adjusting any components of
the monitoring plan;
and</DELETED>
<DELETED> (hh) a description
of the method to communicate
the criteria for adjusting
livestock grazing use;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Monitoring plans for interim
operational flexibility.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Requirements.--A monitoring
plan developed under clause (i) shall--
</DELETED>
<DELETED> (I) evaluate the percent
utilization of available
forage;</DELETED>
<DELETED> (II) identify the
appropriate percentage of utilization
for the feed type, ecosystem, time of
year, and type of animal using the
allotment;</DELETED>
<DELETED> (III) include--</DELETED>
<DELETED> (aa) a description
of the utilization standards
for which the monitoring is
tracking, including baseline
conditions and desired outcome
conditions;</DELETED>
<DELETED> (bb) a description
of utilization evaluation
protocol;</DELETED>
<DELETED> (cc) an evaluation
schedule identifying periods
during which utilization data
will be collected;</DELETED>
<DELETED> (dd) provisions
for adjusting any components of
the monitoring plan, including
acceptance of data from
identified third parties;
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Terms and conditions.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) specify how the monitoring
information with respect to the preferred
alternative should be used to inform management
adjustments under the program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Review; Termination.--</DELETED>
<DELETED> (1) Review.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) modify the program in a manner to
ensure that the objectives of the program would be met;
or</DELETED>
<DELETED> (B) terminate the program.</DELETED>
<DELETED> (d) No Effect on Grazing Rights or Privileges.--Nothing in
this Act--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. MALHEUR COMMUNITY EMPOWERMENT FOR OWYHEE
GROUP.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Federal agency.--</DELETED>
<DELETED> (A) In general.--The term ``Federal
agency'' means an agency or department of the
Government of the United States.</DELETED>
<DELETED> (B) Inclusions.--The term ``Federal
agency'' includes--</DELETED>
<DELETED> (i) the Bureau of
Reclamation;</DELETED>
<DELETED> (ii) the Bureau of Indian
Affairs;</DELETED>
<DELETED> (iii) the Bureau;</DELETED>
<DELETED> (iv) the United States Fish and
Wildlife Service; and</DELETED>
<DELETED> (v) the Natural Resources
Conservation Service.</DELETED>
<DELETED> (3) Quorum.--The term ``quorum'' means 1 more than
\1/2\ of the members of the Malheur C.E.O. Group.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Membership.--</DELETED>
<DELETED> (1) In general.--The Malheur C.E.O. Group consists
of--</DELETED>
<DELETED> (A) 5 voting members who represent private
interests, of whom--</DELETED>
<DELETED> (i) 3 members represent livestock
grazing interests, of whom--</DELETED>
<DELETED> (I) 1 member resides in
the northern \1/3\ of Malheur
County;</DELETED>
<DELETED> (II) 1 member resides in
the center \1/3\ of Malheur County;
and</DELETED>
<DELETED> (III) 1 member resides in
the southern \1/3\ of Malheur
County;</DELETED>
<DELETED> (ii) 1 member is in the recreation
or tourism industry; and</DELETED>
<DELETED> (iii) 1 member is from an
applicable irrigation district;</DELETED>
<DELETED> (B) 2 voting members who represent the
environmental community, 1 of whom is based in the
County;</DELETED>
<DELETED> (C) 1 voting member who represents the
hunting or fishing community;</DELETED>
<DELETED> (D) 2 voting members who are
representatives of Indian Tribes, of whom--</DELETED>
<DELETED> (i) 1 member shall be a
representative of the Burns Paiute Tribe;
and</DELETED>
<DELETED> (ii) 1 member shall be a
representative of the Fort McDermitt Paiute
Shoshone Tribe;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) 1 member shall be from the
State Department of Fish and Wildlife;
and</DELETED>
<DELETED> (ii) 1 member shall be from the
State Parks Department; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Appointment; term; vacancy.--</DELETED>
<DELETED> (A) Appointment.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Term.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Vacancy.--A vacancy on the Malheur
C.E.O. Group shall be filled in the manner described in
subparagraph (A).</DELETED>
<DELETED> (d) Projects.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Description of eligible projects.--An eligible
project referred to in paragraph (1) is a project relating to--
</DELETED>
<DELETED> (A) ecological restoration, including
development, planning, and implementation;</DELETED>
<DELETED> (B) range improvements for the purpose of
providing more efficient and effective ecologically
beneficial management of domestic livestock, fish,
wildlife, or habitat;</DELETED>
<DELETED> (C) invasive species management or
eradication, including invasive weeds, vegetation,
fish, or wildlife;</DELETED>
<DELETED> (D) restoration of springs and related
water infrastructure to enhance the availability of
sustainable flows of freshwater for livestock, fish, or
wildlife;</DELETED>
<DELETED> (E) conservation of cultural sites;
or</DELETED>
<DELETED> (F) economic development or recreation
management.</DELETED>
<DELETED> (3) Requirement.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the eligible project may not be
carried out on Federal land; and</DELETED>
<DELETED> (B) no Federal funds may be used for an
eligible project that is agreed to in accordance with
this paragraph.</DELETED>
<DELETED> (5) Acceptance of donations.--The Malheur C.E.O.
Group may--</DELETED>
<DELETED> (A) accept and place into a trust fund any
donations, grants, or other funds received by the
Malheur C.E.O. Group; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Cost-sharing requirement.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Form of non-federal contribution.--The
non-Federal contribution required under subparagraph
(A) may be provided in the form of in-kind
contributions.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Public Notice and Participation.--The Malheur C.E.O.
Group shall conduct all meetings subject to applicable open meeting and
public participation laws.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (i) Authorization of Appropriations.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Maintenance and distribution.--Amounts made
available under paragraph (1) shall be maintained and
distributed by the Secretary.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (j) Effect.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. LAND DESIGNATIONS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Malheur County'' and dated June 7,
2023.</DELETED>
<DELETED> (2) Wilderness area.--The term ``wilderness area''
means a wilderness area designated by subsection
(b)(1).</DELETED>
<DELETED> (b) Designation of Wilderness Areas.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Maps and legal descriptions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Management.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) any reference in that Act to
the Secretary of Agriculture shall be
considered to be a reference to the
Secretary.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4));
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (C) Roads adjacent to wilderness areas.--
Nothing in this Act requires the closure of any
adjacent road outside the boundary of a wilderness
area.</DELETED>
<DELETED> (D) Fish and wildlife management
activities.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) consistent with
applicable wilderness management plans;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Management of Land Not Designated as Wilderness.--
</DELETED>
<DELETED> (1) Release of wilderness study area.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Release.--Except as provided in
paragraph (2), the land described in subparagraph (A)--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 6. ECONOMIC DEVELOPMENT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Loop Roads Requirements.--</DELETED>
<DELETED> (1) In general.--The Secretary of Transportation,
in coordination with the Secretary and County, shall work with
Travel Oregon to establish the loop roads.</DELETED>
<DELETED> (2) Owyhee dam road.--</DELETED>
<DELETED> (A) Safety upgrades.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) the State;</DELETED>
<DELETED> (II) the County;
and</DELETED>
<DELETED> (III) each affected County
road district.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to accommodate visitors and residents;
and</DELETED>
<DELETED> (B) to provide a connection to the Idaho
Scenic Byway.</DELETED>
<DELETED> (c) Improvements to State Parks and Other Amenities.--Not
later than 180 days after the date of enactment of this Act--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the establishment of not more than 2
marinas on the Owyhee Reservoir;</DELETED>
<DELETED> (B) improvements to existing Oregon State
Parks bordering the Owyhee Reservoir;</DELETED>
<DELETED> (C) the establishment of a network of
hostelries in the County using former hotels and
bunkhouses that are not currently in use;</DELETED>
<DELETED> (D) improvements to private camps on the
shore of the Owyhee Reservoir; and</DELETED>
<DELETED> (E) any other economic development
proposals for the Owyhee Reservoir or the County;
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (e) Jordan Valley Airstrip Improvements To Support
Firefighting Efforts.--</DELETED>
<DELETED> (1) In general.--The Secretary shall work with
firefighting entities in the County to determine--</DELETED>
<DELETED> (A) the need for the use of the Jordan
Valley Airstrip to support firefighting efforts;
and</DELETED>
<DELETED> (B) the conditions under which the Jordan
Valley Airstrip may be used to support firefighting
efforts.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Wildlife Recreation, Migrations, Management, and Law
Enforcement.--The Secretary shall--</DELETED>
<DELETED> (1) study and carry out recreation improvements on
the Owyhee River below Owyhee Dam;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) coordinate bighorn sheep management with
agencies in the States of Idaho, Oregon, and Nevada (including
authorized agents of those agencies); and</DELETED>
<DELETED> (4) provide for increased law enforcement in the
Owyhee region.</DELETED>
<DELETED> (g) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 2024--</DELETED>
<DELETED> (1) to the Secretary of Transportation--</DELETED>
<DELETED> (A) to carry out subsection (b),
$2,000,000;</DELETED>
<DELETED> (B) to carry out subsection (c)(2),
$2,000,000; and</DELETED>
<DELETED> (C) to carry out subsection (d),
$500,000;</DELETED>
<DELETED> (2) to the Commissioner to carry out subsection
(c)(1), $1,000,000; and</DELETED>
<DELETED> (3) to the Secretary--</DELETED>
<DELETED> (A) to carry out subsection (e), $500,000;
and</DELETED>
<DELETED> (B) to carry out subsection (f),
$1,000,000.</DELETED>
<DELETED>SEC. 7. LAND CONVEYANCES TO BURNS PAIUTE TRIBE AND CASTLE ROCK
CO-STEWARDSHIP AREA.</DELETED>
<DELETED> (a) Jonesboro Ranch, Road Gulch, and Black Canyon Land
Conveyances.--</DELETED>
<DELETED> (1) Conveyance and taking into trust.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Trust.--Land to which title is
accepted by the Secretary under subparagraph (A)
shall--</DELETED>
<DELETED> (i) be held in trust by the United
States for the benefit of the Burns Paiute
Tribe; and</DELETED>
<DELETED> (ii) be part of the reservation of
the Burns Paiute Tribe.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (i) T. 20 S., R. 38 E., secs. 25
and 36, Willamette Meridian.</DELETED>
<DELETED> (ii) T. 20 S., R. 39 E., secs. 25-
36, Willamette Meridian.</DELETED>
<DELETED> (iii) T. 20 S., R. 40 E., secs.
30, 31, and 32, Willamette Meridian.</DELETED>
<DELETED> (iv) T. 21 S., R. 39 E., secs. 1-
18, 20-29, and 32-36, Willamette
Meridian.</DELETED>
<DELETED> (v) T. 21 S., R. 40 E., secs. 5-8,
17-19, 30, and 31, Willamette
Meridian.</DELETED>
<DELETED> (vi) T. 22 S., R. 39 E., secs. 1-
5, 8, and 9, Willamette Meridian.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (i) T. 20 S., R. 39 E., secs. 10,
11, 15, 14, 13, 21-28, and 36, Willamette
Meridian.</DELETED>
<DELETED> (ii) T 20 S., R. 40 E., secs. 19,
30, 31, and 32, Willamette Meridian.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this subsection.</DELETED>
<DELETED> (b) Castle Rock Land To Be Held in Trust and Co-
stewardship Area.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) be held in trust by the United States
for the benefit of the Burns Paiute Tribe;
and</DELETED>
<DELETED> (B) be part of the reservation of the
Burns Paiute Tribe.</DELETED>
<DELETED> (2) Castle rock co-stewardship area.--</DELETED>
<DELETED> (A) Memorandum of understanding.--
</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I) ensures that Tribal
interests are adequately
considered;</DELETED>
<DELETED> (II) provides for maximum
protection of cultural and
archaeological resources; and</DELETED>
<DELETED> (III) provides for the
protection of natural resources with
cultural significance.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (D) Water rights.--Nothing in this
paragraph--</DELETED>
<DELETED> (i) affects any valid and existing
water rights; or</DELETED>
<DELETED> (ii) provides the Burns Paiute
Tribe with any new water right or
claim.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) all forms of entry, appropriation, and
disposal under the public land laws;</DELETED>
<DELETED> (B) location, entry, and patent under the
mining laws; and</DELETED>
<DELETED> (C) operation of the mineral leasing and
geothermal leasing laws and mineral materials
laws.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) affects--</DELETED>
<DELETED> (A) existing rights-of-way; or</DELETED>
<DELETED> (B) preexisting grazing uses and existing
water rights or mining claims, except as specifically
negotiated between any applicable Indian Tribe and the
Secretary.</DELETED>
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) County.--The term ``County'' means Malheur County,
Oregon.
(3) Federal land.--The term ``Federal land'' means land in
the County managed by the Bureau.
(4) 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.
(5) Malheur c.e.o. group.--The term ``Malheur C.E.O.
Group'' means the group established by section 4(b).
(6) 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.
(7) Program.--The term ``program'' means the Malheur County
Grazing Management Program authorized under section 3(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) 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 applicable law
(including regulations) and the memorandum entitled ``Bureau of Land
Management Instruction Memorandum 2018-109'' (as in effect on September
30, 2021), 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 Fort McDermitt
Paiute and Shoshone Tribes, 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, allow a
variance to the terms and conditions of the existing applicable
grazing permit or lease for the applicable year due to
significant changes in weather, forage production, effects of
fire or drought, or other temporary conditions--
(A) to adjust the season of use, the beginning date
of the period of use, the ending date of the period of
use, or both the beginning date and ending date, as
applicable, under the grazing permit or lease, subject
to the requirements that--
(i) unless otherwise specified in the
appropriate allotment management plan or any
other activity plan that is the functional
equivalent to the appropriate allotment
management plan under section 4120.2(a)(3) of
title 43, Code of Federal Regulations (or a
successor regulation), the applicable adjusted
date of the season of use occurs--
(I) not earlier than 14 days before
the beginning date specified in the
applicable permit or lease; and
(II) not later than 14 days after
the ending date specified in the
applicable permit or lease; and
(ii) the authorized grazing permittee or
lessee provides written notice of the
adjustment to the Bureau not later than 2
business days before the date of adjustment;
(B) to adjust the dates for pasture rotation 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 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 applicable laws and the requirement that the
authorized grazing permittee or lessee shall provide to
the Bureau written notice of the adjustment not later
than 2 business days before the date of adjustment; 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 immediate 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 written notice of the
adjustment to the Bureau and 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 Privileges.--Nothing in this Act--
(1) affects grazing privileges provided under the Act of
June 28, 1934 (commonly known as the ``Taylor Grazing Act''; 43
U.S.C. 315 et seq.);
(2) requires the Secretary to consider modifying or
terminating the classification of any existing grazing district
on the Federal land in any subsequent plan or decision of the
Secretary; or
(3) precludes the Secretary from modifying or terminating
an existing permit or lease in accordance with applicable law
(including regulations).
SEC. 4. MALHEUR C.E.O. GROUP.
(a) Definitions.--In this section:
(1) Consensus.--The term ``consensus'' means a unanimous
agreement by the voting members of the Malheur C.E.O. Group
present and constituting a quorum at a regularly scheduled
business meeting of the Malheur C.E.O. Group.
(2) Federal agency.--
(A) In general.--The term ``Federal agency'' means
an agency or department of the Government of the United
States.
(B) Inclusions.--The term ``Federal agency''
includes--
(i) the Bureau of Reclamation;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau;
(iv) the United States Fish and Wildlife
Service; and
(v) the Natural Resources Conservation
Service.
(3) Quorum.--The term ``quorum'' means 1 more than \1/2\ of
the voting members of the Malheur C.E.O. Group.
(b) Establishment.--There is established the Malheur C.E.O. Group
to assist in carrying out this section.
(c) Membership.--
(1) In general.--The Malheur C.E.O. Group shall consist of
18 members, to be appointed in accordance with paragraph (2),
including--
(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 the County;
(II) 1 member resides in the center
\1/3\ of the County; and
(III) 1 member resides in the
southern \1/3\ of the 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 and Shoshone Tribes;
(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 shall be appointed by the applicable
represented groups.
(B) Term.--A member of the Malheur C.E.O. Group
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--
(A) that complies with existing law (including
regulations); and
(B) relating to--
(i) ecological restoration, including
development, planning, and implementation;
(ii) range improvements for the purpose of
providing more efficient and effective
ecologically beneficial management of domestic
livestock, fish, wildlife, or habitat;
(iii) invasive species management or
eradication, including invasive weeds,
vegetation, fish, or wildlife;
(iv) restoration of springs and related
water infrastructure to enhance the
availability of sustainable flows of freshwater
for livestock, fish, or wildlife;
(v) conservation of cultural sites;
(vi) economic development or recreation
management; or
(vii) research, monitoring, or analysis.
(3) Requirement.--
(A) In general.--In the case of an eligible project
proposed under paragraph (1) that is to be carried out
on Federal land or requires the use of Federal funds,
the project may not be carried out without the approval
of the head of the applicable Federal agency.
(B) Failure to approve.--If an eligible project
described in subparagraph (A) is not approved by the
head of the applicable Federal agency, not later than
14 business after the date on which the proposal is
submitted to the head of the applicable Federal agency,
the head of the Federal agency shall provide to the
Malheur C.E.O. Group in writing a description of the
reasons for not approving the proposed eligible
project.
(4) Failure to approve by consensus.--If an eligible
project proposed under paragraph (1) is not agreed to by
consensus after 3 votes are conducted by the Malheur C.E.O.
Group, the proposed eligible project may be agreed to by a
quorum of the members of the Malheur C.E.O. Group, subject to
the limitations that--
(A) the eligible project may not be carried out on
Federal land; and
(B) no Federal funds may be used for an eligible
project that is agreed to in accordance with this
paragraph.
(5) Acceptance of donations.--The Malheur C.E.O. Group
may--
(A) accept and place into a trust fund any
donations, grants, or other funds received by the
Malheur C.E.O. Group; and
(B) use amounts placed into a trust fund under
paragraph (1) to carry out eligible projects approved
in accordance with this section, including eligible
projects carried out on Federal land or water or using
Federal funds, if the project is approved by the head
of the applicable Federal agency.
(6) Cost-sharing requirement.--
(A) In general.--The Federal share of the total
cost of an eligible project carried out using amounts
made available under subsection (i) shall be not more
than 75 percent.
(B) Form of non-federal contribution.--The non-
Federal contribution required under subparagraph (A)
may be provided in the form of in-kind contributions.
(7) Funding recommendations.--All funding recommendations
developed by the Malheur C.E.O. Group shall be based on a
consensus of the Malheur C.E.O. Group members.
(e) Technical Assistance.--Any Federal agency with authority and
responsibility in the County shall, to the extent practicable, provide
technical assistance to the Malheur C.E.O. Group on request of the
Malheur C.E.O. Group.
(f) Public Notice and Participation.--The Malheur C.E.O. Group
shall conduct all meetings subject to applicable open meeting and
public participation laws.
(g) Priorities.--For purposes of approving eligible projects
proposed under subsection (d)(1), the Malheur C.E.O. Group shall give
priority to voluntary habitat, range, and ecosystem restoration
projects focused on improving the long-term ecological health of the
Federal land and natural bodies of water.
(h) Additional Projects.--To the extent permitted by applicable law
and subject to the availability of appropriations, Federal agencies may
contribute to the implementation of projects recommended by the Malheur
C.E.O. Group and approved by the Secretary.
(i) 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, and not replace, existing
activities to manage the natural resources of the County.
(2) Legal rights, duties, or authorities.--Nothing in this
section affects any legal right, duty, or authority of any
person or Federal agency, including any member of the Malheur
C.E.O. Group.
SEC. 5. LAND DESIGNATIONS.
(a) Definition of Wilderness Area.--In this section, 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 1,102,393 acres, as generally depicted
on the referenced maps, is designated as wilderness and as
components of the National Wilderness Preservation System:
(A) Fifteenmile creek wilderness.--Certain Federal
land, comprising approximately 61,647 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Trout Creek-Oregon Canyon Group'' and dated
December 12, 2023, which shall be known as the
``Fifteenmile Creek Wilderness''.
(B) Oregon canyon mountains wilderness.--Certain
Federal land, comprising approximately 53,559 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Trout Creek-Oregon Canyon Group'' and dated
December 12, 2023, which shall be known as the ``Oregon
Canyon Mountains Wilderness''.
(C) Twelvemile creek wilderness.--Certain Federal
land, comprising approximately 38,099 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Trout Creek-Oregon Canyon Group'' and dated
December 12, 2023, which shall be known as the
``Twelvemile Creek Wilderness''.
(D) Upper west little owyhee wilderness.--Certain
Federal land, comprising approximately 93,199 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Upper Owyhee'' and dated December 12, 2023,
which shall be known as the ``Upper West Little Owyhee
Wilderness''.
(E) Lookout butte wilderness.--Certain Federal
land, comprising approximately 66,242 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Upper Owyhee'' and dated December 12, 2023,
which shall be known as the ``Lookout Butte
Wilderness''.
(F) Mary gautreaux owyhee river canyon
wilderness.--Certain Federal land, comprising
approximately 211,679 acres, as generally depicted on
the map entitled ``Proposed Wilderness Upper Owyhee''
and dated December 12, 2023, which shall be known as
the ``Mary Gautreaux Owyhee River Canyon Wilderness''.
(G) Black butte wilderness.--Certain Federal land,
comprising approximately 12,058 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall
be known as the ``Black Butte Wilderness''.
(H) Twin butte wilderness.--Certain Federal land,
comprising approximately 18,150 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall
be known as the ``Twin Butte Wilderness''.
(I) Oregon butte wilderness.--Certain Federal land,
comprising approximately 31,934 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall
be known as the ``Oregon Butte Wilderness''.
(J) Mahogany butte wilderness.--Certain Federal
land, comprising approximately 8,953 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Upper Owyhee'' and dated December 12, 2023,
which shall be known as the ``Mahogany Butte
Wilderness''.
(K) Deer flat wilderness.--Certain Federal land,
comprising approximately 12,250 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall
be known as the ``Deer Flat Wilderness''.
(L) Sacramento hill wilderness.--Certain Federal,
comprising approximately 9,574 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall
be known as the ``Sacramento Hill Wilderness''.
(M) Deadman butte wilderness.--Certain Federal
land, comprising approximately 7,152 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Upper Owyhee'' and dated December 12, 2023,
which shall be known as the ``Deadman Butte
Wilderness''.
(N) Big grassey wilderness.--Certain Federal land,
comprising approximately 44,238 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall
be known as the ``Big Grassey Wilderness''.
(O) North fork owyhee wilderness.--Certain Federal
land, comprising approximately 5,276 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Upper Owyhee'' and dated December 12, 2023,
which shall be known as the ``North Fork Owyhee
Wilderness''.
(P) Mary gautreaux lower owyhee canyon
wilderness.--Certain Federal land, comprising
approximately 77,121 acres, as generally depicted on
the map entitled ``Proposed Wilderness Lower Owyhee''
and dated December 12, 2023, which shall be known as
the ``Mary Gautreaux Lower Owyhee Canyon Wilderness''.
(Q) Jordan craters wilderness.--Certain Federal
land, comprising approximately 29,255 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Jordan Craters
Wilderness''.
(R) Owyhee breaks wilderness.--Certain Federal
land, comprising approximately 31,637 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Owyhee Breaks
Wilderness''.
(S) Dry creek wilderness.--Certain Federal land,
comprising approximately 33,209 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Lower Owyhee'' and dated December 12, 2023, which shall
be known as the ``Dry Creek Wilderness''.
(T) Dry creek buttes wilderness.--Certain Federal
land, comprising approximately 88,289 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Dry Creek Buttes
Wilderness''.
(U) Upper leslie gulch wilderness.--Certain Federal
land, comprising approximately 2,997 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Upper Leslie Gulch
Wilderness''.
(V) Slocum creek wilderness.--Certain Federal land,
comprising approximately 7,534 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Lower Owyhee'' and dated December 12, 2023, which shall
be known as the ``Slocum Creek Wilderness''.
(W) Honeycombs wilderness.--Certain Federal land,
comprising approximately 41,122 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Lower Owyhee'' and dated December 12, 2023, which shall
be known as the ``Honeycombs Wilderness''.
(X) Wild horse basin wilderness.--Certain Federal
land, comprising approximately 18,402 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Wild Horse Basin
Wilderness''.
(Y) Quartz mountain wilderness.--Certain Federal
land, comprising approximately 32,943 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Quartz Mountain
Wilderness''.
(Z) The tongue wilderness.--Certain Federal land,
comprising approximately 5,909 acres, as generally
depicted on the map entitled ``Proposed Wilderness
Lower Owyhee'' and dated December 12, 2023, which shall
be known as ``The Tongue Wilderness''.
(AA) Three fingers rock north wilderness.--Certain
Federal land, comprising approximately 12,462 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Three Fingers Rock North
Wilderness''.
(BB) Burnt mountain wilderness.--Certain Federal
land, comprising approximately 8,115 acres, as
generally depicted on the map entitled ``Proposed
Wilderness Lower Owyhee'' and dated December 12, 2023,
which shall be known as the ``Burnt Mountain
Wilderness''.
(CC) Camp creek wilderness.--Certain Federal land,
comprising approximately 72,597 acres, as generally
depicted on the map entitled ``Proposed Wilderness Camp
Creek Group'' and dated December 12, 2023, which shall
be known as the ``Camp 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 a map and legal description of each wilderness
area.
(B) Effect.--Each map and legal description
prepared under subparagraph (A) shall have the same
force and effect as if included in this Act, except
that the Secretary may correct clerical and
typographical errors in the map or legal description.
(C) Public availability.--The maps and legal
descriptions prepared under subparagraph (A) shall be
on file and available for public inspection in the
appropriate offices of the Bureau.
(3) Management.--
(A) In general.--Subject to valid existing rights,
the wilderness areas shall be administered by the
Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(i) any reference in that Act to the
effective date of that Act shall be considered
to be a reference to the date of enactment of
this Act; and
(ii) any reference in that Act to the
Secretary of Agriculture shall be considered to
be a reference to the Secretary.
(B) Grazing.--The Secretary shall allow the
continuation of the grazing of livestock, in the
wilderness areas, if established before the date of
enactment of this Act, in accordance with--
(i) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)); and
(ii) the guidelines 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 areas.--
(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)), the Clarks
Butte Wilderness Study Area, Saddle Butte Wilderness
Study Area, and Bowden Hills Wilderness Study Area have
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. 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:
(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'', generally depicted as ``Jonesboro Parcels
(Transfer)'' on the map entitled ``Proposed Wilderness
Camp Creek Group'' and dated December 12, 2023, and
more particularly described as follows:
(i) T. 20 S., R. 38 E., secs. 25 and 36,
Willamette Meridian.
(ii) T. 20 S., R. 39 E., secs. 25-36,
Willamette Meridian.
(iii) T. 20 S., R. 40 E., secs. 30, 31, and
32, Willamette Meridian.
(iv) T. 21 S., R. 39 E., secs. 1-18, 20-29,
and 32-36, Willamette Meridian.
(v) T. 21 S., R. 40 E., secs. 5-8, 17-19,
30, and 31, Willamette Meridian.
(vi) T. 22 S., R. 39 E., secs. 1-5, 8, and
9, Willamette Meridian.
(B) Road gulch; black canyon.--The approximately
4,137 acres of State land containing the pastures
referred to as ``Road Gulch'' and ``Black Canyon'' and
more particularly described as follows:
(i) T. 20 S., R. 39 E., secs. 10, 11, 15,
14, 13, 21-28, and 36, Willamette Meridian.
(ii) T 20 S., R. 40 E., secs. 19, 30, 31,
and 32, Willamette Meridian.
(3) Applicable law.--Land taken into trust under paragraph
(1)(B) shall be administered in accordance with the laws
(including regulations) generally applicable to property held
in trust by the United States for the benefit of an Indian
Tribe.
(4) Map of trust land.--As soon as practicable after the
date of enactment of this Act, the Secretary shall prepare a
map depicting the land taken into trust under paragraph (1)(B).
(5) Land exchange.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall seek to enter
into an agreement with the State under which the Secretary
would exchange Federal land for the portions of the area
described in paragraph (2)(B) that are owned by the State.
(b) Castle Rock Land To Be Held in Trust and Co-stewardship Area.--
(1) Land to be held in trust.--All right, title, and
interest of the United States in and to the approximately 2,500
acres of land in the Castle Rock Wilderness Study Area, as
depicted as ``Lands to be Taken into Trust'' on the map
entitled ``Land into Trust and Co-Stewardship Castle Rock
Group'' and dated December 12, 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 ``Tribal Co-Stewardship Area'' on
the map entitled ``Land into Trust and Co-
Stewardship Castle Rock Group'' and dated
December 12, 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 2025.
(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.
Amend the title so as to read: ``A bill to provide for the
establishment of a land health management program on Federal
land in Malheur County, Oregon, and for other purposes.''.
Calendar No. 501
118th CONGRESS
2d Session
S. 1890
[Report No. 118-222]
_______________________________________________________________________
A BILL
To provide for the establishment of a grazing management program on
Federal land in Malheur County, Oregon, and for other purposes.
_______________________________________________________________________
September 10, 2024
Reported with an amendment and an amendment to the title