[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3088 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3088

To designate certain land in the State of Oregon as wilderness, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2008

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To designate certain land in the State of Oregon as wilderness, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Badlands Wilderness Act of 
2008''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) certain Bureau of Land Management land in central 
        Oregon qualifies for addition to the National Wilderness 
        Preservation System;
            (2) one of the chief economic assets of the central Oregon 
        region is the rich diversity of available recreation, with the 
        region offering a wide variety of multiple-use areas for 
        skiing, biking, hunting, off-highway vehicle use, boating, and 
        other motorized recreation;
            (3) there are over 400,000 acres of public land near Bend, 
        Oregon, available for off-highway vehicles and other motorized 
        recreation uses;
            (4) motorized recreation users in central Oregon should 
        continue to have access to an abundance of land managed, in 
        part, for their use;
            (5) the proposed Oregon Badlands Wilderness would increase 
        the offerings in the region by making an additional 30,000 
        acres in central Oregon available for wilderness recreation and 
        solitude; and
            (6) certain land exchanges that would consolidate Federal 
        land holdings within or near to the proposed wilderness to 
        enhance wilderness values and management are in the public 
        interest.
    (b) Purposes.--The purposes of this Act are--
            (1) to designate the Oregon Badlands Wilderness in the 
        State of Oregon; and
            (2) to authorize, direct, and facilitate several land 
        exchanges to consolidate Federal land holdings within or near 
        the Oregon Badlands Wilderness.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Central 
        Oregon Irrigation District, which has offices in Redmond, 
        Oregon.
            (2) Landowner.--The term ``Landowner'' means Ray Clarno, a 
        resident of Redmond, Oregon.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Oregon.
            (5) Wilderness.--The term ``Wilderness'' means the Oregon 
        Badlands Wilderness designated by section 4(a).
            (6) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Badlands Wilderness'' and dated June 4, 2008.

SEC. 4. OREGON BADLANDS WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), approximately 29,837 acres of Bureau of Land Management 
land in the State, as depicted on the wilderness map, is designated as 
Wilderness and as a component of the National Wilderness Preservation 
System, to be known as the ``Oregon Badlands Wilderness''.
    (b) Map and Legal Description.--
            (1) Submission of map and legal description.--As soon as 
        practicable after the date of enactment of this Act, the 
        Secretary shall file a map and legal description of the 
        Wilderness with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The map and legal description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        errors in the map or legal description.
            (3) Public availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Secretary.
    (c) Administration of Wilderness.--
            (1) In general.--Subject to valid existing rights, the 
        Wilderness shall be administered by the Secretary in accordance 
        with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
                    (A) any reference in the Wilderness Act to the 
                effective date of the Wilderness Act shall be 
                considered to be a reference to the date of enactment 
                of this Act; and
                    (B) any reference in that Act to the Secretary of 
                Agriculture shall be considered to be a reference to 
                the Secretary of the Interior.
            (2) Incorporation of acquired land and interests.--Any land 
        or interest in land within the boundary of the Wilderness that 
        is acquired by the United States shall--
                    (A) become part of the Wilderness; and
                    (B) be managed in accordance with this Act, the 
                Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
                applicable law.
            (3) Withdrawal.--Subject to valid existing rights, the 
        Federal land designated as wilderness by this Act is withdrawn 
        from all forms of--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under the mineral leasing, mineral 
                materials, and geothermal leasing laws.
            (4) Grazing.--The grazing of livestock in the Wilderness, 
        if established before the date of enactment of this Act, and 
        the maintenance of facilities in existence on the date of 
        enactment of this Act relating to grazing, shall be permitted 
        to continue subject to such reasonable regulations as are 
        considered necessary by the Secretary in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4)); and
                    (B) 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).
            (5) Access to private property.--The Secretary shall 
        provide any owner of private property within the boundary of 
        the Wilderness adequate access to the property to ensure the 
        reasonable use and enjoyment of the property by the owner.
            (6) Tribal rights.--Nothing in this Act--
                    (A) affects, alters, amends, repeals, interprets, 
                extinguishes, modifies, or is in conflict with--
                            (i) the treaty rights of an Indian tribe, 
                        including the rights secured by the Treaty of 
                        June 25, 1855, between the United States and 
                        the Tribes and Bands of Middle Oregon (12 Stat. 
                        963); or
                            (ii) any other rights of an Indian tribe; 
                        or
                    (B) prevents, prohibits, terminates, or abridges 
                the exercise of treaty-reserved rights, including the 
                rights secured by the Treaty of June 25, 1855, between 
                the United States and the Tribes and Bands of Middle 
                Oregon (12 Stat. 963)--
                            (i) within the boundaries of the 
                        Wilderness; or
                            (ii) on land acquired by the United States 
                        under this Act.

SEC. 5. SCDORIS CORRIDOR.

    (a) Existing Use.--
            (1) In general.--Subject to subsection (b), the route 
        depicted on the wilderness map shall be included in a corridor 
        with a width of 25 feet to be excluded from the Wilderness to 
        accommodate the existing use of the route for purposes relating 
        to the training of sled dogs by Rachael Scdoris.
            (2) Inclusion in wilderness.--On final and total 
        termination of the use of the route for the purposes described 
        in paragraph (1), the corridor described in that paragraph 
        shall--
                    (A) become part of the Wilderness; and
                    (B) be managed in accordance with this Act, the 
                Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
                applicable law.
    (b) Interim Management.--Except as provided in subsection (a), the 
corridor shall otherwise be managed as wilderness.
    (c) Withdrawal.--Subject to valid existing rights, the corridor 
described in subsection (a)(1) is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral leasing, mineral 
        materials, and geothermal leasing laws.

SEC. 6. RELEASE OF WILDERNESS STUDY AREAS.

    (a) Finding.--Congress finds that, for the purposes of section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
the Bureau of Land Management land identified as the Badlands 
wilderness study area has been adequately studied for wilderness 
designation.
    (b) Release.--Any public land described in subsection (a) that is 
not designated as wilderness by this Act--
            (1) 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
            (2) shall be managed in accordance with the applicable land 
        management plans adopted under section 202 of that Act (43 
        U.S.C. 1712).

SEC. 7. LAND EXCHANGES.

    (a) Clarno Land Exchange.--
            (1) Conveyance of land.--If the Landowner offers to convey 
        to the United States all right, title, and interest of the 
        Landowner in and to the non-Federal land described in paragraph 
        (2)(A), the Secretary shall--
                    (A) accept the offer; and
                    (B) on receipt of acceptable title to the non-
                Federal land and subject to valid existing rights, 
                convey to the Landowner all right, title, and interest 
                of the United States in and to the Federal land 
                described in paragraph (2)(B).
            (2) Description of land.--
                    (A) Non-federal land.--The non-Federal land 
                referred to in paragraph (1) is the approximately 240 
                acres of non-Federal land identified on the wilderness 
                map as ``Clarno to Federal Government''.
                    (B) Federal land.--The Federal land referred to in 
                paragraph (1)(B) is the approximately 245 acres of 
                Federal land identified on the wilderness map as 
                ``Federal Government to Clarno''.
            (3) Surveys.--The exact acreage and legal description of 
        the Federal land and non-Federal land described in paragraph 
        (2) shall be determined by surveys approved by the Secretary.
    (b) District Exchange.--
            (1) Conveyance of land.--If the District offers to convey 
        to the United States all right, title, and interest of the 
        District in and to the non-Federal land described in paragraph 
        (2)(A), the Secretary shall--
                    (A) accept the offer; and
                    (B) on receipt of acceptable title to the non-
                Federal land and subject to valid existing rights, 
                convey to the District all right, title, and interest 
                of the United States in and to the Federal land 
                described in paragraph (2)(B).
            (2) Description of land.--
                    (A) Non-federal land.--The non-Federal land 
                referred to in paragraph (1) is the approximately 564 
                acres of non-Federal land identified on the wilderness 
                map as ``COID to Federal Government''.
                    (B) Federal land.--The Federal land referred to in 
                paragraph (1)(B) is the approximately 686 acres of 
                Federal land identified on the wilderness map as 
                ``Federal Government to COID''.
            (3) Surveys.--The exact acreage and legal description of 
        the Federal land and non-Federal land described in paragraph 
        (2) shall be determined by surveys approved by the Secretary.
    (c) Applicable Law.--Except as otherwise provided in this section, 
the Secretary shall carry out the land exchanges under this section in 
accordance with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716).
    (d) Valuation, Appraisals, and Equalization.--
            (1) In general.--The value of the Federal land and the non-
        Federal land to be conveyed in a land exchange under this 
        section--
                    (A) shall be equal, as determined by appraisals 
                conducted in accordance with paragraph (2); or
                    (B) if not equal, shall be equalized in accordance 
                with paragraph (3).
            (2) Appraisals.--
                    (A) In general.--The Federal land and the non-
                Federal land to be exchanged under this section shall 
                be appraised by an independent, qualified appraiser 
                that is agreed to by the Secretary and the owner of the 
                non-Federal land to be exchanged.
                    (B) Requirements.--An appraisal under subparagraph 
                (A) shall be conducted in accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisition; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
            (3) Equalization.--
                    (A) In general.--If the value of the Federal land 
                and the non-Federal land to be conveyed in a land 
                exchange under this section is not equal, the value may 
                be equalized by--
                            (i) the Secretary making a cash 
                        equalization payment to the owner of the non-
                        Federal land;
                            (ii) the owner of the non-Federal land 
                        making a cash equalization payment to the 
                        Secretary; or
                            (iii) reducing the acreage of the Federal 
                        land or the non-Federal land to be exchanged, 
                        as appropriate.
                    (B) Cash equalization payments.--Any cash 
                equalization payments received by the Secretary under 
                subparagraph (A)(ii) shall be--
                            (i) deposited in the Federal Land Disposal 
                        Account established by section 206(a) of the 
                        Federal Land Transaction Facilitation Act (43 
                        U.S.C. 2305(a)); and
                            (ii) used in accordance with that Act.
    (e) Conditions of Exchange.--
            (1) In general.--As a condition of a conveyance of Federal 
        land and non-Federal land under this section, the Federal 
        Government and the owner of the non-Federal land shall equally 
        share all costs relating to the land exchange, including the 
        costs of appraisals, surveys, and any necessary environmental 
        clearances.
            (2) Valid existing rights.--The exchange of Federal land 
        and non-Federal land under this section shall be subject to any 
        easements, rights-of-way, or other valid encumbrances in 
        existence on the date of enactment of this Act.
    (f) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchanges under this section shall be completed 
not later than 16 months after the date of enactment of this Act.
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