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






                                                      Calendar No. 1000
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

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Oregon Badlands Wilderness 
Act of 2008''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) certain Bureau of Land Management land in 
        central Oregon qualifies for addition to the National 
        Wilderness Preservation System;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) there are over 400,000 acres of public land 
        near Bend, Oregon, available for off-highway vehicles and other 
        motorized recreation uses;</DELETED>
        <DELETED>    (4) motorized recreation users in central Oregon 
        should continue to have access to an abundance of land managed, 
        in part, for their use;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to designate the Oregon Badlands Wilderness in 
        the State of Oregon; and</DELETED>
        <DELETED>    (2) to authorize, direct, and facilitate several 
        land exchanges to consolidate Federal land holdings within or 
        near the Oregon Badlands Wilderness.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. OREGON BADLANDS WILDERNESS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Map and Legal Description.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Administration of Wilderness.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) any reference in that Act to the 
                Secretary of Agriculture shall be considered to be a 
                reference to the Secretary of the Interior.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) become part of the Wilderness; 
                and</DELETED>
                <DELETED>    (B) be managed in accordance with this 
                Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and 
                any other applicable law.</DELETED>
        <DELETED>    (3) Withdrawal.--Subject to valid existing rights, 
        the Federal land designated as wilderness by this Act is 
        withdrawn from all forms of--</DELETED>
                <DELETED>    (A) entry, appropriation, or disposal 
                under the public land laws;</DELETED>
                <DELETED>    (B) location, entry, and patent under the 
                mining laws; and</DELETED>
                <DELETED>    (C) disposition under the mineral leasing, 
                mineral materials, and geothermal leasing 
                laws.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) section 4(d)(4) of the Wilderness Act 
                (16 U.S.C. 1133(d)(4)); and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Tribal rights.--Nothing in this Act--
        </DELETED>
                <DELETED>    (A) affects, alters, amends, repeals, 
                interprets, extinguishes, modifies, or is in conflict 
                with--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) any other rights of an Indian 
                        tribe; or</DELETED>
                <DELETED>    (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)--</DELETED>
                        <DELETED>    (i) within the boundaries of the 
                        Wilderness; or</DELETED>
                        <DELETED>    (ii) on land acquired by the 
                        United States under this Act.</DELETED>

<DELETED>SEC. 5. SCDORIS CORRIDOR.</DELETED>

<DELETED>    (a) Existing Use.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) become part of the Wilderness; 
                and</DELETED>
                <DELETED>    (B) be managed in accordance with this 
                Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and 
                any other applicable law.</DELETED>
<DELETED>    (b) Interim Management.--Except as provided in subsection 
(a), the corridor shall otherwise be managed as wilderness.</DELETED>
<DELETED>    (c) Withdrawal.--Subject to valid existing rights, the 
corridor described in subsection (a)(1) is withdrawn from all forms 
of--</DELETED>
        <DELETED>    (1) entry, appropriation, or disposal under the 
        public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) disposition under the mineral leasing, mineral 
        materials, and geothermal leasing laws.</DELETED>

<DELETED>SEC. 6. RELEASE OF WILDERNESS STUDY AREAS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Release.--Any public land described in subsection (a) 
that is not designated as wilderness by this Act--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) shall be managed in accordance with the 
        applicable land management plans adopted under section 202 of 
        that Act (43 U.S.C. 1712).</DELETED>

<DELETED>SEC. 7. LAND EXCHANGES.</DELETED>

<DELETED>    (a) Clarno Land Exchange.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) accept the offer; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (2) Description of land.--</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) District Exchange.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) accept the offer; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (2) Description of land.--</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (d) Valuation, Appraisals, and Equalization.--</DELETED>
        <DELETED>    (1) In general.--The value of the Federal land and 
        the non-Federal land to be conveyed in a land exchange under 
        this section--</DELETED>
                <DELETED>    (A) shall be equal, as determined by 
                appraisals conducted in accordance with paragraph (2); 
                or</DELETED>
                <DELETED>    (B) if not equal, shall be equalized in 
                accordance with paragraph (3).</DELETED>
        <DELETED>    (2) Appraisals.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Requirements.--An appraisal under 
                subparagraph (A) shall be conducted in accordance 
                with--</DELETED>
                        <DELETED>    (i) the Uniform Appraisal 
                        Standards for Federal Land Acquisition; 
                        and</DELETED>
                        <DELETED>    (ii) the Uniform Standards of 
                        Professional Appraisal Practice.</DELETED>
        <DELETED>    (3) Equalization.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the Secretary making a cash 
                        equalization payment to the owner of the non-
                        Federal land;</DELETED>
                        <DELETED>    (ii) the owner of the non-Federal 
                        land making a cash equalization payment to the 
                        Secretary; or</DELETED>
                        <DELETED>    (iii) reducing the acreage of the 
                        Federal land or the non-Federal land to be 
                        exchanged, as appropriate.</DELETED>
                <DELETED>    (B) Cash equalization payments.--Any cash 
                equalization payments received by the Secretary under 
                subparagraph (A)(ii) shall be--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) used in accordance with that 
                        Act.</DELETED>
<DELETED>    (e) Conditions of Exchange.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Central 
        Oregon Irrigation District.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Oregon.
            (4) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Badlands Wilderness'' and dated September 3, 
        2008.

SEC. 3. OREGON BADLANDS WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the approximately 29,301 acres of Bureau of Land 
Management land in the State, as generally 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) Administration of Wilderness.--
            (1) In general.--Subject to valid existing rights, the 
        Oregon Badlands 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 that Act shall be considered to be a 
                reference to the date of enactment of this Act; and
                    (B) any reference in the Wilderness 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 Oregon Badlands 
        Wilderness that is acquired by the United States shall--
                    (A) become part of the Oregon Badlands 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) Grazing.--The grazing of livestock in the Oregon 
        Badlands Wilderness, if established before the date of 
        enactment of this Act, 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).
            (4) Access to private property.--In accordance with section 
        5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary 
        shall provide any owner of private property within the boundary 
        of the Oregon Badlands Wilderness adequate access to the 
        property.
    (c) Potential Wilderness.--
            (1) In general.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain 
        Federal land managed by the Bureau of Land Management with a 
        width of 25 feet, as generally depicted on the wilderness map 
        as ``Potential Wilderness'', is designated as potential 
        wilderness.
            (2) Interim management.--The potential wilderness 
        designated by paragraph (1) shall be managed in accordance with 
        the Wilderness Act (16 U.S.C. 1131 et seq.), except that the 
        Secretary may allow nonconforming uses that are authorized and 
        in existence on the date of enactment of this Act to continue 
        in the potential wilderness.
            (3) Designation as wilderness.--On the date on which the 
        Secretary publishes in the Federal Register notice that any 
        nonconforming uses in the potential wilderness designated by 
        paragraph (1) that are permitted under paragraph (2) have 
        terminated, the potential wilderness shall be--
                    (A) designated as wilderness and as a component of 
                the National Wilderness Preservation System; and
                    (B) incorporated into the Oregon Badlands 
                Wilderness.
    (d) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of the Oregon Badlands 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 
        typographical errors in the map and 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 Bureau of 
        Land Management.

SEC. 4. RELEASE.

    (a) Finding.--Congress finds that, for the purposes of section 
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)), the portions of the Badlands wilderness study area that are 
not designated as the Oregon Badlands Wilderness or as potential 
wilderness have been adequately studied for wilderness or potential 
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 
        use plan adopted under section 202 of that Act (43 U.S.C. 
        1712).

SEC. 5. LAND EXCHANGES.

    (a) Clarno Land Exchange.--
            (1) Conveyance of land.--Subject to subsections (c) through 
        (e), 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, 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 239 
                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 209 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.--Subject to subsections (c) through 
        (e), 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, 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 527 
                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 697 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 Acquisitions; 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) making a cash equalization payment to 
                        the Secretary or to the owner of the non-
                        Federal land, as appropriate, in accordance 
                        with section 206(b) of the Federal Land Policy 
                        and Management Act of 1976 (43 U.S.C. 1716(b)); 
                        or
                            (ii) 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)(i) 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.--The land exchanges under this section 
        shall be subject to such terms and conditions as the Secretary 
        may require.
            (2) Costs.--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.
            (3) Valid existing rights.--The exchange of Federal land 
        and non-Federal land under this section shall be subject to any 
        easements, rights-of-way, and other valid rights in existence 
        on the date of enactment of this Act.
    (f) Completion of Land Exchange.--It is the intent of Congress that 
the land exchanges under this section shall be completed not later than 
2 years after the date of enactment of this Act.

SEC. 6. PROTECTION OF TRIBAL TREATY RIGHTS.

    Nothing in this Act alters, modifies, enlarges, diminishes, or 
abrogates the treaty rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with the Tribes and 
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
                                                      Calendar No. 1000

110th CONGRESS

  2d Session

                                S. 3088

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                                 A BILL

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

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                           September 16, 2008

                       Reported with an amendment