[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3089 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3089

  To designate certain land in the State of Oregon as wilderness, to 
provide for the exchange of certain Federal land and non-Federal land, 
                        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, to 
provide for the exchange of certain Federal land and non-Federal land, 
                        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 ``Spring Basin Wilderness Act of 
2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Family trust.--The term ``family trust'' means the 
        Bowerman Family Trust, which is the owner of the land described 
        in section 4(d)(2)(A).
            (2) Keys.--The term ``Keys'' means Bob Keys, a resident of 
        Portland, Oregon.
            (3) Mcgreer.--The term ``McGreer'' means H. Kelly McGreer, 
        a resident of Antelope, Oregon.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Oregon.
            (6) Tribes.--The term ``Tribes'' means the Confederated 
        Tribes of the Warm Springs Indian Reservation, with offices in 
        Warm Springs, Oregon.
            (7) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Spring Basin Study Area with Exchange 
        Proposals'' and dated May 22, 2008.

SEC. 3. SPRING BASIN WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the approximately 8,661 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 ``Spring Basin Wilderness''.
    (b) 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) Grazing.--The grazing of domestic livestock in the 
        Wilderness shall be administered in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4));
                    (B) the guidelines set forth in the report of the 
                Committee on Interior and Insular Affairs of the House 
                of Representatives accompanying H.R. 5487 of the 96th 
                Congress (H. Rept. 96-617); and
                    (C) 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 non-federal land.--In accordance with the 
        Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary shall 
        provide reasonable access to non-Federal land within the 
        boundaries of the Wilderness.
            (5) State water laws.--Nothing in this section constitutes 
        an exemption from State water laws (including regulations).
            (6) Tribal rights.--Nothing in this section--
                    (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. 4. LAND EXCHANGES.

    (a) Confederated Tribes of the Warm Springs Indian Reservation Land 
Exchange.--
            (1) Conveyance of land.--If the Tribes offer to convey to 
        the United States all right, title, and interest of the Tribes 
        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 Tribes 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 3,635 
                acres of non-Federal land identified on the wilderness 
                map as ``Lands proposed for transfer from the CTWSIR to 
                the Federal Government''.
                    (B) Federal land.--The Federal land referred to in 
                paragraph (1)(B) is the approximately 3,653 acres of 
                Federal land identified on the wilderness map as 
                ``Lands proposed for transfer from the Federal 
                Government to CTWSIR''.
            (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) McGreer Land Exchange.--
            (1) Conveyance of land.--If McGreer offers to convey to the 
        United States all right, title, and interest of McGreer 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 McGreer 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 18 
                acres of non-Federal land identified on the wilderness 
                map as ``Lands proposed for transfer from McGreer to 
                the Federal Government''.
                    (B) Federal land.--The Federal land referred to in 
                paragraph (1)(B) is the approximately 325 acres of 
                Federal land identified on the wilderness map as 
                ``Lands proposed for transfer from the Federal 
                Government to McGreer''.
            (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) Keys Land Exchange.--
            (1) Conveyance of land.--If Keys offers to convey to the 
        United States all right, title, and interest of Keys 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 Keys 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 181 
                acres of non-Federal land identified on the wilderness 
                map as ``Lands proposed for transfer from Keys to the 
                Federal Government''.
                    (B) Federal land.--The Federal land referred to in 
                paragraph (1)(B) is the approximately 183 acres of 
                Federal land identified on the wilderness map as 
                ``Lands proposed for transfer from the Federal 
                Government to Keys''.
            (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.
    (d) Bowerman Land Exchange.--
            (1) Conveyance of land.--If the family trust offers to 
        convey to the United States all right, title, and interest of 
        the family trust 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 family trust 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 34 
                acres of non-Federal land identified on the wilderness 
                map as ``Lands proposed for transfer from Bowerman to 
                the Federal Government''.
                    (B) Federal land.--The Federal land referred to in 
                paragraph (1)(B) is the approximately 24 acres of 
                Federal land identified on the wilderness map as 
                ``Lands proposed for transfer from the Federal 
                Government to Bowerman''.
            (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.
    (e) 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).
    (f) 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.
    (g) Conditions of Exchange.--
            (1) In general.--As a condition of the 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.
    (h) 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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