[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1597 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1597

  To designate certain Bureau of Land Management land in the State of 
Oregon as wilderness, to authorize certain land exchanges in the State 
of Oregon, and to convey certain Bureau of Land Management land in the 
 State of Oregon to the city of Mitchell, Oregon, and Wheeler County, 
        Oregon, for economic and community development purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2019

  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 Bureau of Land Management land in the State of 
Oregon as wilderness, to authorize certain land exchanges in the State 
of Oregon, and to convey certain Bureau of Land Management land in the 
 State of Oregon to the city of Mitchell, Oregon, and Wheeler County, 
        Oregon, for economic and community development 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 ``Sutton Mountain and Painted Hills 
Area Preservation and Economic Enhancement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means the city of Mitchell, 
        Oregon.
            (2) County.--The term ``County'' means Wheeler County, 
        Oregon.
            (3) Landowner.--The term ``landowner'' means an owner of 
        non-Federal land that enters into a land exchange with the 
        Secretary under section 4(a).
            (4) Map.--The term ``Map'' means the map prepared by the 
        Bureau of Land Management entitled ``Sutton Complex Wilderness 
        Proposal'' and dated May 6, 2015.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Oregon.

SEC. 3. DESIGNATION OF WILDERNESS AREAS.

    (a) In General.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following areas in the State are 
designated as wilderness areas and as components of the National 
Wilderness Preservation System:
            (1) Sutton mountain wilderness.--Certain land in the 
        Prineville District Office of the Bureau of Land Management 
        comprising approximately 29,675 acres, as generally depicted on 
        the Map as ``Sutton Mountain'', which shall be known as the 
        ``Sutton Mountain Wilderness''.
            (2) Pat's cabin wilderness.--Certain land in the Prineville 
        District Office of the Bureau of Land Management comprising 
        approximately 15,951 acres, as generally depicted on the Map as 
        ``Pat's Cabin'', which shall be known as ``Pat's Cabin 
        Wilderness''.
            (3) Painted hills wilderness.--Certain land in the 
        Prineville District Office of the Bureau of Land Management 
        comprising approximately 6,900 acres, as generally depicted on 
        the Map as ``Painted Hills'', which shall be known as the 
        ``Painted Hills Wilderness''.
            (4) Dead dog wilderness.--Certain land in the Prineville 
        District Office of the Bureau of Land Management comprising 
        approximately 4,939 acres, as generally depicted on the Map as 
        ``Dead Dog'', which shall be known as the ``Dead Dog 
        Wilderness''.
    (b) Maps and Legal Descriptions.--
            (1) In general.--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 designated by subsection 
        (a) 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) Force of law.--Each 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 
        clerical and typographical errors in the maps or legal 
        descriptions.
            (3) Public availability.--The maps and legal descriptions 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Bureau of 
        Land Management.
    (c) Administration of Wilderness Areas.--
            (1) In general.--Subject to valid existing rights, the 
        wilderness areas established by subsection (a) shall be 
        administered by the Secretary in accordance with this section 
        and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
                    (A) any reference in that Act to the effective date 
                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 that has jurisdiction over the wilderness 
                area.
            (2) Withdrawal.--Subject to valid existing rights, the 
        wilderness areas designated by subsection (a) are 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) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
            (3) Grazing.--
                    (A) In general.--The grazing of livestock in the 
                wilderness areas designated by subsection (a), if 
                established before the date of enactment of this Act, 
                shall be permitted to continue at current levels, 
                subject to such reasonable regulations as the Secretary 
                considers necessary, 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).
                    (B) Voluntary relinquishment of grazing permits or 
                leases.--
                            (i) Acceptance by secretary.--The Secretary 
                        shall accept the voluntary relinquishment of 
                        any valid existing permits or leases 
                        authorizing grazing on public land, all or a 
                        portion of which is within the wilderness areas 
                        designated by subsection (a).
                            (ii) Termination.--With respect to each 
                        permit or lease voluntarily relinquished under 
                        clause (i), the Secretary shall--
                                    (I) terminate the grazing permit or 
                                lease; and
                                    (II) ensure a permanent end to 
                                grazing on the land covered by the 
                                permit or lease.
                            (iii) Partial relinquishment.--
                                    (I) In general.--If a person 
                                holding a valid grazing permit or lease 
                                voluntarily relinquishes less than the 
                                full level of grazing use authorized 
                                under the permit or lease, the 
                                Secretary shall--
                                            (aa) reduce the authorized 
                                        grazing level to reflect the 
                                        voluntary relinquishment; and
                                            (bb) modify the permit or 
                                        lease to reflect the revised 
                                        level of use.
                                    (II) Authorized level.--To ensure 
                                that there is a permanent reduction in 
                                the authorized level of grazing on the 
                                land covered by a permit or lease 
                                voluntarily relinquished under 
                                subclause (I), the Secretary shall not 
                                allow grazing use to exceed the 
                                authorized level established under that 
                                subclause.
            (4) Tribal rights.--Nothing in this section alters, 
        modifies, enlarges, diminishes, or abrogates the treaty rights 
        of any Indian Tribe.
            (5) Fish and wildlife.--
                    (A) In general.--In accordance with section 4(d)(7) 
                of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing 
                in this section affects the jurisdiction or 
                responsibilities of the State with respect to fish and 
                wildlife management in the State.
                    (B) Management activities.--In furtherance of the 
                purposes and principles of the Wilderness Act (16 
                U.S.C. 1131 et seq.), the Secretary may conduct any 
                management activities in the wilderness areas 
                designated by subsection (a) that are necessary to 
                maintain or restore fish and wildlife populations and 
                habitats, if the management activities are--
                            (i) consistent with relevant wilderness 
                        management plans; and
                            (ii) conducted in accordance with 
                        appropriate policies, such as the policies 
                        established in Appendix B of the report of the 
                        Committee on Interior and Insular Affairs of 
                        the House of Representatives accompanying H.R. 
                        2570 of the 101st Congress (House Report 101-
                        405).
            (6) Fire management.--
                    (A) In general.--In accordance with section 4(d)(1) 
                of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 
                Secretary may take such measures in the wilderness 
                areas designated by subsection (a) as are necessary for 
                the control of fire, insects, and diseases (including, 
                as the Secretary determines to be appropriate, the 
                coordination of the activities with a State or local 
                agency and the use of aircraft or mechanized equipment 
                by Federal, State, or local agencies or agents of the 
                agencies).
                    (B) Revision and development of local fire 
                management plans.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                amend the local fire management plans that apply to the 
                Sutton Mountain Wilderness designated by subsection 
                (a)(1) to identify--
                            (i) best management practices for wildfire 
                        prevention and wildfire response in the 
                        wilderness area; and
                            (ii) the appropriate State and local 
                        officials to carry out the management practices 
                        described in clause (i).
                    (C) Administration.--Not later than 1 year after 
                the date of enactment of this Act, to ensure a timely 
                and efficient response to wildfires in the Sutton 
                Mountain Wilderness designated by subsection (a)(1), 
                the Secretary shall--
                            (i) establish agency approval procedures 
                        for responding to wildfires, including 
                        delegations of authority, as appropriate, to 
                        the Forest Supervisor, District Manager, 
                        Incident Commander, or other agency officials; 
                        and
                            (ii) enter into agreements, as appropriate, 
                        with State and local firefighting agencies to 
                        carry out measures for wildfire prevention and 
                        response.
            (7) Adjacent management.--
                    (A) In general.--Congress does not intend for the 
                designation of wilderness areas by subsection (a) to 
                lead to the creation of protective perimeters or buffer 
                zones around the wilderness areas.
                    (B) Activities outside wilderness.--The fact that a 
                non-wilderness activity or use on land outside the 
                wilderness areas designated by subsection (a) can be 
                seen or heard from within the wilderness areas shall 
                not, of itself, preclude the activity or use outside 
                the boundary of the wilderness areas.
            (8) Military activities.--Nothing in this section 
        precludes--
                    (A) low-level overflights of military aircraft over 
                the wilderness areas designated by subsection (a);
                    (B) the designation or establishment of new units 
                of special airspace, or the establishment of a military 
                flight training route, over the wilderness areas 
                designated by subsection (a); or
                    (C) flight testing and evaluation.
            (9) Incorporation of acquired land and interests.--Any land 
        within the boundary of a wilderness area designated by 
        subsection (a) that is acquired by the United States shall--
                    (A) become part of the wilderness area in which the 
                land is located; and
                    (B) be managed in accordance with--
                            (i) this section;
                            (ii) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.); and
                            (iii) any other applicable law.
            (10) Outfitting and guide activities.--Consistent with 
        section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), 
        commercial services (including authorized outfitting and guide 
        activities) are authorized in wilderness areas designated by 
        subsection (a), to the extent necessary for activities that 
        fulfill the recreational or other wilderness purposes of the 
        areas.
            (11) Adequate access to private property.--In accordance 
        with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), 
        the Secretary shall provide any owner of private property 
        within the boundary of a wilderness area designated by 
        subsection (a) adequate access to the property.

SEC. 4. LAND EXCHANGES.

    (a) Authorization.--
            (1) Collins exchange.--
                    (A) In general.--Subject to subsections (b) through 
                (h), 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 landowner 
                in and to the non-Federal land, 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 the landowner 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 265 acres of non-Federal land 
                        identified on the Map as ``Collins to BLM''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 279 acres of Federal land 
                        identified on the Map as ``BLM to Collins''.
            (2) Faulkner exchange.--
                    (A) In general.--Subject to subsections (b) through 
                (h), 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 landowner 
                in and to the non-Federal land, 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 the landowner 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 15 acres of non-Federal land 
                        identified on the Map as ``Faulkner to BLM''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 10 acres of Federal land 
                        identified on the Map as ``BLM to Faulkner''.
            (3) Quant exchange.--
                    (A) In general.--Subject to subsections (b) through 
                (h), 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 landowner 
                in and to the non-Federal land, 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 the landowner 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 271 acres of non-Federal land 
                        identified on the Map as ``Quant to BLM''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 277 acres of Federal land 
                        identified on the Map as ``BLM to Quant''.
            (4) Twickenham livestock llc exchange.--
                    (A) In general.--Subject to subsections (b) through 
                (h), 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 landowner 
                in and to the non-Federal land, 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 the landowner 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 574 acres of non-Federal land 
                        identified on the Map as ``Twickenham to BLM''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 566 acres of Federal land 
                        identified on the Map as ``BLM to Twickenham''.
    (b) Applicable Law.--Except as otherwise provided in sections 202 
and 203 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712, 1713), the Secretary shall carry out each land exchange 
under subsection (a) in accordance with section 206 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716).
    (c) Conditions.--Each land exchange under subsection (a) shall be 
subject to such terms and conditions as the Secretary may require.
    (d) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under subsection (a)--
                    (A) shall be equal; or
                    (B) shall be made equal in accordance with 
                paragraph (2).
            (2) Equalization.--
                    (A) Surplus of federal land.--If the value of 
                Federal land exceeds the value of non-Federal land to 
                be conveyed under a land exchange authorized under 
                subsection (a), 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 Federal land to 
                        the Federal land to be conveyed.
                    (B) Surplus of non-federal land.--If 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) Appraisals.--
            (1) In general.--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 under subsection (a).
            (2) Requirements.--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) Surveys.--
            (1) In general.--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) Costs.--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 Exchange.--It is the intent of 
Congress that the land exchanges under subsection (a) be completed by 
the date that is not later than 2 years after the date of enactment of 
this Act.
    (h) Addition to Wilderness Areas.--On completion of the land 
exchanges under subsection (a), the non-Federal land shall--
            (1) become part of the adjacent wilderness area; 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.

SEC. 5. CONVEYANCES OF BUREAU OF LAND MANAGEMENT LAND TO THE CITY OF 
              MITCHELL, OREGON, AND WHEELER COUNTY, OREGON.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, subject to valid existing rights and this section, and 
notwithstanding the land use planning requirements of sections 202 and 
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1712, 1713), the Secretary shall convey, without consideration--
            (1) to the City all right, title, and interest of the 
        United States in and to the parcel of Federal land described in 
        subsection (b)(1) for which the City has submitted to the 
        Secretary a request for conveyance by the date that is not 
        later than 1 year after the date of enactment of this Act; and
            (2) to the County all right, title, and interest of the 
        United States in and to the parcel of Federal land described in 
        subsection (b)(2) for which the County has submitted to the 
        Secretary a request for conveyance by the date that is not 
        later than 1 year after the date of enactment of this Act.
    (b) Description of Land.--
            (1) Conveyance to city.--The parcel of Federal land 
        referred to in subsection (a)(1) consists of the approximately 
        1,950 acres of land managed by the Bureau of Land Management, 
        Prineville District, Oregon, depicted on the Map as ``City of 
        Mitchell Conveyance 1''.
            (2) Conveyance to county.--The parcel of Federal land 
        referred to in subsection (a)(2) consists of the approximately 
        120 acres of land managed by the Bureau of Land Management, 
        Prineville District, Oregon, depicted on the Map as ``Wheeler 
        County Conveyance 2''.
    (c) Availability of Map.--The Map shall be on file and available 
for public inspection in the appropriate offices of the Bureau of Land 
Management.
    (d) Use of Conveyed Land.--
            (1) In general.--Consistent with the Act of June 14, 1926 
        (commonly known as the ``Recreation and Public Purposes Act'') 
        (43 U.S.C. 869 et seq.), the Federal land conveyed under 
        subsection (a) shall be used for a purpose consistent with that 
        Act.
            (2) Withdrawal.--Subject to valid existing rights, the 
        parcels of land described in paragraphs (1) and (2) of 
        subsection (b) are withdrawn from--
                    (A) all forms of location, entry, and patent under 
                the mining laws; and
                    (B) disposition under all laws relating to mineral 
                leasing and geothermal leasing.
            (3) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions for the 
        conveyances under subsection (a) as the Secretary determines to 
        be appropriate to protect the interests of the United States.
    (e) Administrative Costs.--The Secretary shall require the City or 
the County, as applicable, to pay all survey costs and other 
administrative costs associated with the applicable conveyances to the 
City or the County under this section.
    (f) Reversion.--If the land conveyed under subsection (a) ceases to 
be used for the public purpose for which the land was conveyed, the 
land shall, at the discretion of the Secretary, revert to the United 
States.
    (g) Tribal Rights.--Nothing in this section alters, modifies, 
enlarges, diminishes, or abrogates the treaty rights of any Indian 
Tribe.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
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