1.This Act may be cited as the
Spring Basin Wilderness Act of
2008
.
2.In this Act:
(1)The term family trust means the Bowerman
Family Trust, which is the owner of the land described in section
4(d)(2)(A).
(2)The
term Keys means Bob Keys, a resident of Portland, Oregon.
(3)The
term McGreer means H. Kelly McGreer, a resident of Antelope,
Oregon.
(4)The
term Secretary means the Secretary of the Interior.
(5)The
term State means the State of Oregon.
(6)The
term Tribes means the Confederated Tribes of the Warm Springs
Indian Reservation, with offices in Warm Springs, Oregon.
(7)The term wilderness map means the map entitled
Spring Basin Study Area with Exchange Proposals
and dated May
22, 2008.
3.
(a)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)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 interestsAny 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)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 landIn 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)Nothing in this section constitutes an exemption from State
water laws (including regulations).
(6)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.
4.
(a)Confederated
Tribes of the Warm Springs Indian Reservation land exchange
(1)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)
(A)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)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)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)
(1)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)
(A)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)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)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)
(1)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)
(A)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)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)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)
(1)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)
(A)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)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)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)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)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)
(A)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)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)
(A)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 paymentsAny 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)
(1)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)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 exchangeIt 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.
1.This Act may be cited as the
Spring Basin Wilderness Act of
2008
.
2.In this Act:
(1)The
term Secretary means the Secretary of the Interior.
(2)The
term State means the State of Oregon.
(3)The
term Tribes means the Confederated Tribes of the Warm Springs
Reservation of Oregon.
(4)The term wilderness map means the map entitled
Spring Basin Wilderness with Land Exchange Proposals
and dated
September 3, 2008.
3.
(a)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)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 interestsAny 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)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)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)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)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.
4.
(a)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 ¼, W ½.
(2)T. 8 S., R.19 E., sec.
25, SE ¼, SE ¼.
(3)T. 8 S., R. 20 E., sec.
19, SE ¼, S ½ of the S ½.
(b)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).
5.
(a)Confederated Tribes of
the Warm Springs Reservation land exchange
(1)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)
(A)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)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)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)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)
(1)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)
(A)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)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)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)
(1)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)
(A)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)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)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)
(1)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)
(A)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)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)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)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)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)
(A)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)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)
(A)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
paymentsAny 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)
(1)The land exchanges under this section shall be subject to
such terms and conditions as the Secretary may require.
(2)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)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
exchangeIt 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.
6.Protection of tribal
treaty rightsNothing 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).
September 16, 2008
Reported with an amendment