II 112th CONGRESS 1st Session S. 607 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.

1.

Short title

This Act may be cited as the Cathedral Rock and Horse Heaven Wilderness Act of 2011.

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.

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.

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.