[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 607 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 607

  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

                             March 17, 2011

Mr. Wyden (for himself and Mr. Merkley) 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 ``Cathedral Rock and Horse Heaven 
Wilderness Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Land exchange map.--The term ``land exchange map'' 
        means the map entitled ``Antone Ranch Exchanges'' and dated 
        July 26, 2010.
            (2) Proposed wilderness map.--The term ``proposed 
        wilderness map'' means the map entitled ``Cathedral Rock and 
        Horse Heaven Wilderness'' and dated November 8, 2010.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Oregon.

SEC. 3. LAND EXCHANGES.

    (a) Authorization.--
            (1) Smith exchange.--
                    (A) In general.--Subject to subsections (b) through 
                (e), if the owner of the non-Federal land described in 
                subparagraph (B)(i) offers to convey to the United 
                States all right, title, and interest of the owner in 
                and to the non-Federal land, the Secretary shall--
                            (i) accept the offer; and
                            (ii) convey to the owner of the non-Federal 
                        land all right, title, and interest of the 
                        United States in and to the Federal land 
                        described in subparagraph (B)(ii).
                    (B) Description of land.--
                            (i) Non-federal land.--The non-Federal land 
                        referred to in subparagraph (A) is the 
                        approximately 1,135 acres of non-Federal land 
                        generally depicted on the proposed wilderness 
                        map as ``Land transfer from Smith to BLM''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 1,195 acres of Federal land 
                        generally depicted on the proposed wilderness 
                        map as ``Land transfer from BLM to Smith''.
            (2) Shrum exchange.--
                    (A) In general.--Subject to subsections (b) through 
                (e), if the owner of the non-Federal land described in 
                subparagraph (B)(i) offers to convey to the United 
                States all right, title, and interest of the owner in 
                and to the non-Federal land, the Secretary shall--
                            (i) accept the offer; and
                            (ii) convey to the owner of the non-Federal 
                        land all right, title, and interest of the 
                        United States in and to the Federal land 
                        described in subparagraph (B)(ii).
                    (B) Description of land.--
                            (i) Non-federal land.--The non-Federal land 
                        referred to in subparagraph (A) is the 
                        approximately 415 acres of non-Federal land 
                        generally depicted on the proposed wilderness 
                        map as ``Land transfer from Shrum to BLM''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 555 acres of Federal land 
                        generally depicted on the proposed wilderness 
                        map as ``Land transfer from BLM to Shrum''.
            (3) Young life exchange.--
                    (A) In general.--Subject to subsections (b) through 
                (e), if the owner of the non-Federal land described in 
                subparagraph (B)(i) offers to convey to the United 
                States all right, title, and interest of the owner in 
                and to the non-Federal land, the Secretary and the 
                Secretary of Agriculture shall--
                            (i) accept the offer; and
                            (ii) convey to the owner of the non-Federal 
                        land all right, title, and interest of the 
                        United States in and to the Federal land 
                        described in subparagraph (B)(ii).
                    (B) Description of land.--
                            (i) Non-federal land.--The non-Federal land 
                        referred to in subparagraph (A) is the 
                        approximately 10,290 acres of non-Federal land 
                        generally depicted on the proposed wilderness 
                        map as ``Land transfer from Young Life to 
                        BLM''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is--
                                    (I) the approximately 11,365 acres 
                                of Federal land generally depicted on 
                                the proposed wilderness map as ``Land 
                                transfer from BLM to Young Life'';
                                    (II) the approximately 645 acres of 
                                Federal land generally depicted on the 
                                land exchange map as ``Land transfer 
                                from BLM to Young Life''; and
                                    (III) the approximately 690 acres 
                                of Federal land generally depicted on 
                                the land exchange map as ``Land 
                                transfer from USFS to Young Life''.
    (b) Applicable Law.--Each land exchange under subsection (a) shall 
be carried out in accordance with section 206 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716), including the 
requirement that the Secretary determine that the public interest will 
be well served by making the exchange.
    (c) Conditions.--Each land exchange under subsection (a) shall be 
subject to--
            (1) valid existing rights;
            (2) the condition that the owner make the offer to convey 
        all or part of the non-Federal land during the 3-year period 
        beginning on the date of enactment of this Act;
            (3) the condition that the owner of the non-Federal land 
        pay not less than 50 percent of all costs relating to the land 
        exchange, including the costs of appraisals, surveys, and any 
        necessary environmental clearances;
            (4) the condition that title to the non-Federal land be 
        acceptable to the Secretary and in conformance with the title 
        approval standards applicable to Federal land acquisitions; and
            (5) such terms and conditions as the Secretary or the 
        Secretary of Agriculture, as appropriate, may require.
    (d) Valuation, Appraisals, and Equalization.--
            (1) In general.--The value of the Federal land and the non-
        Federal land to be conveyed in each 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 or the Secretary of 
                Agriculture, as appropriate.
                    (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) Surveys.--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.
    (f) Completion of Land Exchange.--It is the intent of Congress that 
the land exchanges under this section be completed not later than 5 
years after the date of enactment of this Act.
    (g) Transfer of Administrative Jurisdiction.--
            (1) In general.--Administrative jurisdiction over the 
        approximately 750 acres of Federal land managed by the Bureau 
        of Land Management generally depicted on the land exchange map 
        as ``Land transfer from BLM to USFS'' is transferred from the 
        Bureau of Land Management to the Forest Service.
            (2) Administration.--The Secretary of Agriculture shall 
        administer the transferred land in accordance with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Act'') (16 U.S.C. 480 et seq.); and
                    (B) the laws (including regulations) applicable to 
                the National Forest System.
            (3) Costs.--Any costs relating to the transfer under 
        paragraph (1), including any costs for surveys and other 
        administrative costs, shall be paid by the Secretary of 
        Agriculture.

SEC. 4. POTENTIAL WILDERNESS AREAS.

    (a) Designation of Potential Wilderness.--
            (1) In general.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), the following areas of 
        Federal land managed by the Bureau of Land Management in the 
        State are designated as potential wilderness areas until the 
        date described in paragraph (2):
                    (A) Cathedral rock.--Certain land comprising 
                approximately 4,560 acres generally depicted on the 
                proposed wilderness map as ``Proposed Cathedral Rock 
                Wilderness''.
                    (B) Horse heaven.--Certain land comprising 
                approximately 2,815 acres generally depicted on the 
                proposed wilderness map as ``Proposed Horse Heaven 
                Wilderness''.
            (2) Interim management.--Each potential wilderness area 
        shall be managed in a manner that maintains or improves the 
        wilderness character of the potential wilderness area and 
        suitability of the potential wilderness area for designation in 
        accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
        until the earlier of--
                    (A) the date on which the potential wilderness area 
                is designated as wilderness under subsection (b); or
                    (B) the date that is 10 years after the date of 
                enactment of this Act.
    (b) Designation of Wilderness.--
            (1) Cathedral rock wilderness.--The Federal land within the 
        boundaries of the area generally depicted on the proposed 
        wilderness map as ``Proposed Cathedral Rock Wilderness'' shall 
        be designated as wilderness and as a component of the National 
        Wilderness Preservation System, to be known as the ``Cathedral 
        Rock Wilderness'', on the earlier of--
                    (A) the date on which the Secretary publishes in 
                the Federal Register notice that sufficient inholdings 
                within the boundaries of the Proposed Cathedral Rock 
                Wilderness have been acquired to establish a manageable 
                wilderness unit; or
                    (B) the date on which the Secretary acquires secs. 
                2, 11, and 23 in T. 9 S, R. 19 E.
            (2) Horse heaven wilderness.--The Federal land within the 
        boundaries of the area generally depicted on the proposed 
        wilderness map as ``Proposed Horse Heaven Wilderness'' shall be 
        designated as wilderness and as a component of the National 
        Wilderness Preservation System, to be known as the ``Horse 
        Heaven Wilderness'', on the earlier of--
                    (A) the date on which the Secretary publishes in 
                the Federal Register notice that sufficient inholdings 
                within the boundaries of the Proposed Horse Heaven 
                Wilderness have been acquired to establish a manageable 
                wilderness unit; or
                    (B) the date on which the Secretary acquires those 
                portions of secs. 11, 12, 13, 23, and 24 in T. 10 S, R. 
                18 E. that are generally depicted as within the 
                boundaries of the ``Proposed Horse Heaven Wilderness'' 
                on the proposed wilderness map.
            (3) Maps; legal descriptions.--
                    (A) In general.--As soon as practicable after the 
                date on which a wilderness area is designated under 
                paragraph (1) or (2), the Secretary shall file a map 
                and legal description of the wilderness area with--
                            (i) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (ii) the Committee on Energy and Natural 
                        Resources of the Senate.
                    (B) Force of law.--The maps and legal descriptions 
                filed under subparagraph (A) shall have the same force 
                and effect as if included in this Act, except that the 
                Secretary may correct minor errors in the maps and 
                legal descriptions.
                    (C) Availability.--The maps and legal descriptions 
                filed under subparagraph (A) shall be on file and 
                available for public inspection in the appropriate 
                offices of the Bureau of Land Management.
            (4) Administration of wilderness.--
                    (A) In general.--Subject to valid existing rights, 
                each area designated as wilderness under paragraph (1) 
                or (2) shall be administered by the Secretary in 
                accordance with the Wilderness Act (16 U.S.C. 1131 et 
                seq.), except that--
                            (i) 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
                            (ii) any reference in the Wilderness Act to 
                        the Secretary of Agriculture shall be 
                        considered to be a reference to the Secretary 
                        of the Interior.
                    (B) Grazing.--The grazing of livestock in a 
                wilderness area designated under paragraph (1) or (2), 
                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--
                            (i) section 4(d)(4) of the Wilderness Act 
                        (16 U.S.C. 1133(d)(4)); and
                            (ii) 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) Tribal rights.--Nothing in this section 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).
    (c) Incorporation of Acquired Land and Interests.--Any land or 
interest in land that is acquired by the United States within the 
boundaries generally depicted on the proposed wilderness map as 
``Proposed Cathedral Rock Wilderness'' and ``Proposed Horse Heaven 
Wilderness'' shall--
            (1) become part of the potential wilderness area or 
        wilderness area, as applicable; and
            (2) be managed in accordance with--
                    (A) this section; and
                    (B) any other applicable laws.
    (d) Withdrawal.--Subject to valid existing rights, within the 
boundaries generally depicted on the proposed wilderness map as 
``Proposed Cathedral Rock Wilderness'' and ``Proposed Horse Heaven 
Wilderness'', the Federal land and any land or interest in land that is 
acquired by the United States is withdrawn from all forms of--
            (1) entry, appropriation, and disposal under the public 
        land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
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