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






                                                      Calendar No. 1001
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 (for himself and Mr. Smith) 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, 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,

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Keys.--The term ``Keys'' means Bob Keys, a 
        resident of Portland, Oregon.</DELETED>
        <DELETED>    (3) Mcgreer.--The term ``McGreer'' means H. Kelly 
        McGreer, a resident of Antelope, Oregon.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        Oregon.</DELETED>
        <DELETED>    (6) Tribes.--The term ``Tribes'' means the 
        Confederated Tribes of the Warm Springs Indian Reservation, 
        with offices in Warm Springs, Oregon.</DELETED>
        <DELETED>    (7) Wilderness map.--The term ``wilderness map'' 
        means the map entitled ``Spring Basin Study Area with Exchange 
        Proposals'' and dated May 22, 2008.</DELETED>

<DELETED>SEC. 3. SPRING BASIN WILDERNESS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) 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) Grazing.--The grazing of domestic livestock in 
        the Wilderness shall be administered in accordance with--
        </DELETED>
                <DELETED>    (A) section 4(d)(4) of the Wilderness Act 
                (16 U.S.C. 1133(d)(4));</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) State water laws.--Nothing in this section 
        constitutes an exemption from State water laws (including 
        regulations).</DELETED>
        <DELETED>    (6) Tribal rights.--Nothing in this section--
        </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. 4. LAND EXCHANGES.</DELETED>

<DELETED>    (a) Confederated Tribes of the Warm Springs Indian 
Reservation Land Exchange.--</DELETED>
        <DELETED>    (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--</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 Tribes 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 
                3,635 acres of non-Federal land identified on the 
                wilderness map as ``Lands proposed for transfer from 
                the CTWSIR to the Federal Government''.</DELETED>
                <DELETED>    (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''.</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) McGreer Land Exchange.--</DELETED>
        <DELETED>    (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--</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 McGreer 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 
                18 acres of non-Federal land identified on the 
                wilderness map as ``Lands proposed for transfer from 
                McGreer to the Federal Government''.</DELETED>
                <DELETED>    (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''.</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) Keys Land Exchange.--</DELETED>
        <DELETED>    (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--</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 Keys 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 
                181 acres of non-Federal land identified on the 
                wilderness map as ``Lands proposed for transfer from 
                Keys to the Federal Government''.</DELETED>
                <DELETED>    (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''.</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>    (d) Bowerman Land Exchange.--</DELETED>
        <DELETED>    (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--</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 family trust 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 
                34 acres of non-Federal land identified on the 
                wilderness map as ``Lands proposed for transfer from 
                Bowerman to the Federal Government''.</DELETED>
                <DELETED>    (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''.</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>    (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).</DELETED>
<DELETED>    (f) 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>    (g) Conditions of Exchange.--</DELETED>
        <DELETED>    (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.</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>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spring Basin Wilderness Act of 
2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) State.--The term ``State'' means the State of Oregon.
            (3) Tribes.--The term ``Tribes'' means the Confederated 
        Tribes of the Warm Springs Reservation of Oregon.
            (4) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Spring Basin Wilderness with Land Exchange 
        Proposals'' and dated September 3, 2008.

SEC. 3. SPRING BASIN WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the approximately 6,382 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 ``Spring Basin 
Wilderness''.
    (b) Administration of Wilderness.--
            (1) In general.--Subject to valid existing rights, the 
        Spring Basin 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 Spring Basin 
        Wilderness that is acquired by the United States shall--
                    (A) become part of the Spring Basin 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 Spring Basin 
        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).
    (c) 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 a 
        legal description of the Spring Basin 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 
        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 Spring Basin wilderness study area that 
are not designated by section 3(a) as the Spring Basin Wilderness in 
the following areas have been adequately studied for wilderness 
designation:
            (1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\.
            (2) T. 8 S., R.19 E., sec. 25, SE \1/4\, SE \1/4\.
            (3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S 
        \1/2\.
    (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) Confederated Tribes of the Warm Springs Reservation Land 
Exchange.--
            (1) Conveyance of land.--Subject to subsections (e) through 
        (g), 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, 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 4,480 
                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 4,578 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.
            (4) Withdrawal.--Subject to valid existing rights, the land 
        acquired by the Secretary under this subsection 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 any law relating to mineral 
                and geothermal leasing or mineral materials.
    (b) McGreer Land Exchange.--
            (1) Conveyance of land.--Subject to subsections (e) through 
        (g), 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 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 327 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.--Subject to subsections (e) through 
        (g), 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 180 
                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 187 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.--Subject to subsections (e) through 
        (g), 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 32 
                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 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.
    (g) 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.
    (h) 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. 1001

110th CONGRESS

  2d Session

                                S. 3089

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment