1.This Act may be cited as
the Cathedral Rock and Horse Heaven
Wilderness Act of 2010
.
2.
(1)The term Federal land means the Federal land
authorized to be conveyed by the United States under section 4(a).
(2)The
term landowner
means the owner of the applicable non-Federal
land.
(3)The term non-Federal land means the land
authorized to be conveyed to the United States under section 4(a).
(4)The
term Secretary means the Secretary of the Interior.
(5)The
term State
means the State of Oregon.
(6)The term wilderness area
means any of the
areas designated as components of the National Wilderness Preservation System
by section 3(a).
(7)The term wilderness map means the map entitled
Cathedral Rock–Horse Heaven Wilderness Proposals
and dated
January 21, 2010.
3.Cathedral rock
wilderness and horse heaven wilderness
(a)In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following land
in the State is designated as wilderness and as components of the National
Wilderness Preservation System:
(1)Cathedral rock
wildernessThe approximately 8,686 acres of Bureau of Land
Management land in the State, as depicted on the wilderness map, to be known as
the Cathedral Rock Wilderness
.
(2)The approximately 7,791 acres of Bureau of Land
Management land in the State, as depicted on the wilderness map, to be known as
the Horse Heaven Wilderness
.
(b)
(1)As soon as practicable after the date of enactment of
this Act, the Secretary shall file a map and legal description of each
wilderness area with—
(A)the Committee on
Natural Resources of the House of Representatives; and
(B)the Committee on
Energy and Natural Resources of the Senate.
(2)The maps and legals description filed under paragraph (1)
shall have the same force and effect as if included in this Act, except that
the Secretary may correct errors in the map and legal description.
(3)The
maps and legal descriptions filed under paragraph (1) shall be on file and
available for public inspection in—
(A)the Office of the
Chief of the Forest Service; and
(B)the Office of the
Director of the Bureau of Land Management.
(4)Conflict
between map and legal descriptionIn the case of a conflict
between the maps and legal descriptions filed under paragraph (1), the maps
shall control.
(c)Administration
of wilderness
(1)Subject to valid existing rights, the wilderness areas
shall be administered by the Secretary in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), except that any reference in that Act to the
effective date shall be considered to be a reference to the date of enactment
of this Act.
(2)Incorporation
of acquired land and interestsAny land within or adjacent to the
boundary of a wilderness area that is acquired by the United States
shall—
(A)become part of
the wilderness area; and
(B)be managed in
accordance with—
(i)this section;
and
(ii)any other
applicable laws.
(3)Subject
to valid rights in existence on the date of enactment of this Act, the Federal
land within the wilderness areas 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
all laws relating to mineral and geothermal leasing or mineral
materials.
(4)The
grazing of domestic livestock in a wilderness area shall be administered 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) and H.R. 5487 of the 96th Congress (H. Rept.
96–617).
(5)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 areas.
(6)Nothing in this section constitutes an exemption from State
water laws (including regulations).
(7)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
with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963);
and
(ii)any other rights
of an Indian tribe;
(B)prevents,
prohibits, terminates, or abridges the exercise of treaty-reserved rights,
including the rights secured by the Treaty with the Tribes and Bands of Middle
Oregon of June 25, 1855 (12 Stat. 963), within the boundaries of the wilderness
areas; or
(C)affects any
non-Federal land acquired by the United States under section 4.
4.
(a)
(1)
(A)If Derby Smith Partners, LLC, of Bend, Oregon (referred
to in this section as Smith
), offers to convey to the United
States all right, title, and interest of Smith in and to the non-Federal land
described in subparagraph (B)(i), the Secretary shall—
(i)accept the offer;
and
(ii)on
receipt of acceptable title to the non-Federal land and subject to valid
existing rights, convey to Smith all right, title, and interest of the United
States in and to the Federal land described in subparagraph (B)(ii).
(B)
(i)The non-Federal land referred to in subparagraph (A) is the
approximately 1,057 acres of non-Federal land identified on the wilderness map
as Lands proposed for transfer from Smith to the Federal
Government
.
(ii)The Federal land referred to in subparagraph (A)(ii) is the
approximately 1,195 acres of Federal land identified on the wilderness map as
Lands proposed for transfer from the Federal Government to
Smith
.
(2)
(A)If Milton Shrum (referred to in this section as
Shrum
) offers to convey to the United States all right, title,
and interest of Shrum in and to the non-Federal land described in subparagraph
(B)(i), the Secretary shall—
(i)accept the offer;
and
(ii)on
receipt of acceptable title to the non-Federal land and subject to valid
existing rights, convey to Shrum all right, title, and interest of the United
States in and to the Federal land described in subparagraph (B)(ii).
(B)
(i)The non-Federal land referred to in subparagraph (A) is the
approximately 416 acres of non-Federal land identified on the wilderness map as
Lands proposed for transfer from Shrum to the Federal
Government
.
(ii)The Federal land referred to in subparagraph (A)(ii) is the
approximately 594 acres of Federal land identified on the wilderness map as
‘‘Lands proposed for transfer from the Federal Government to Shrum”.
(3)
(A)If Young Life of Colorado Springs, Colorado (referred to
in this section as Young Life
), offers to convey to the United
States all right, title, and interest of Young Life in and to the non-Federal
land described in subparagraph (B)(i), the Secretary shall—
(i)accept the offer;
and
(ii)on
receipt of acceptable title to the non-Federal land and subject to valid
existing rights, convey to Young Life all right, title, and interest of the
United States in and to the Federal land described in subparagraph
(B)(ii).
(B)
(i)The non-Federal land referred to in subparagraph (A) is the
approximately 8,715 acres of non-Federal land identified on the wilderness map
as Lands proposed for transfer from Young Life to the Federal
Government
.
(ii)The Federal land referred to in subparagraph (A)(ii) is the
approximately 12,335 acres of Federal land identified on the wilderness map as
Lands proposed for transfer from the Federal Government to Young
Life
.
(b)Except as otherwise provided in this section, the Secretary
shall carry out the land exchanges under subsection (a) in accordance with
section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(c)The
conveyances of the Federal land and non-Federal land under subsection (a) shall
be subject to such terms and conditions as the Secretary may require.
(d)
(1)The value of the Federal land and non-Federal land to be
exchanged under this section—
(A)shall be equal;
or
(B)shall be made
equal in accordance with paragraph (2).
(2)
(A)If the value of the Federal land exceeds the value
of the non-Federal land, the value of the Federal land and non-Federal land
shall be equalized, as determined to be appropriate and acceptable by the
Secretary and the landowner—
(i)by
reducing the acreage of the Federal land to be conveyed; or
(ii)by
adding additional State land to the non-Federal land to be conveyed.
(B)Surplus of
non-Federal landIf the value of the non-Federal land exceeds the
value of the Federal land, the value of the Federal land and non-Federal land
shall be equalized by reducing the acreage of the non-Federal land to be
conveyed, as determined to be appropriate and acceptable by the Secretary and
the landowner.
(e)
(1)As soon as practicable after the date of enactment of
this Act, the Secretary and the landowner shall select an appraiser to conduct
an appraisal of the Federal land and non-Federal land to be exchanged.
(2)An
appraisal under paragraph (1) shall be conducted in accordance with nationally
recognized appraisal standards, including—
(A)the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(B)the Uniform
Standards of Professional Appraisal Practice.
(f)
(1)The exact acreage and legal description of the Federal
land and non-Federal land to be exchanged under subsection (a) shall be
determined by surveys approved by the Secretary.
(2)The
Secretary and the landowner shall divide equally between the Secretary and the
landowner—
(A)the costs of any
surveys conducted under paragraph (1); and
(B)any other
administrative costs of carrying out the land exchange under this
section.
(g)Deadline for
completion of land exchangeIt is the intent of Congress that the
land exchanges under this section be completed not later than 2 years after the
date of enactment of this Act.
(h)Addition to
wilderness areasOn completion of the land exchanges under this
section, the non-Federal land shall—
(1)become part of
the wilderness areas; and
(2)be managed in
accordance with—
(A)this Act;
(B)the Wilderness
Act (16 U.S.C. 1131 et seq.); and
(C)any other
applicable law.