[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1890

  To provide for the establishment of a grazing management program on 
    Federal land in Malheur County, Oregon, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2023

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 provide for the establishment of a grazing management program on 
    Federal land in Malheur County, Oregon, 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 ``Malheur Community Empowerment for 
the Owyhee Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bureau.--The term ``Bureau'' means the Bureau of Land 
        Management.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (3) County.--The term ``County'' means Malheur County, 
        Oregon.
            (4) Federal land.--The term ``Federal land'' means land in 
        the County managed by the Bureau.
            (5) Long-term ecological health.--The term ``long-term 
        ecological health'', with respect to an ecosystem, means the 
        ability of the ecological processes of the ecosystem to 
        function in a manner that maintains the composition, structure, 
        activity, and resilience of the ecosystem over time, including 
        an ecologically appropriate diversity of plant and animal 
        communities, habitats, connectivity, and conditions that are 
        sustainable through successional processes.
            (6) Loop road.--
                    (A) In general.--The term ``loop road'' means a 
                route managed and maintained by the Bureau or the 
                County, as applicable, for the purpose of providing 
                directed tourism and educational opportunities in the 
                County.
                    (B) Inclusion.--The term ``loop road'' includes 
                each of the roads described in paragraphs (2) through 
                (5) of section 6(b).
            (7) Malheur c.e.o. group.--The term ``Malheur C.E.O. 
        Group'' means the group described in section 4(b).
            (8) Operational flexibility.--The term ``operational 
        flexibility'', with respect to grazing on the Federal land, 
        means--
                    (A) a seasonal adjustment of livestock positioning 
                for the purposes of that grazing pursuant to a flexible 
                grazing use authorized under the program with respect 
                to which written notice is provided; or
                    (B) an adjustment of water source placement with 
                respect to which written notice is provided.
            (9) Program.--The term ``program'' means the Malheur County 
        Grazing Management Program authorized under section 3(a).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) State.--The term ``State'' means the State of Oregon.

SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.

    (a) In General.--The Secretary may carry out a grazing management 
program on the Federal land, to be known as the ``Malheur County 
Grazing Management Program'', in accordance with the memorandum 
entitled ``Bureau of Land Management Instruction Memorandum 2018-109'', 
to provide to authorized grazing permittees and lessees increased 
operational flexibility to improve the long-term ecological health of 
the Federal land.
    (b) Permit Operational Flexibility.--
            (1) Flexible grazing use alternative for a grazing permit 
        or lease.--At the request of an authorized grazing permittee or 
        lessee, for purposes of renewing a grazing permit or lease 
        under the program, pursuant to the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary 
        shall develop and analyze at least 1 alternative to provide 
        operational flexibility in livestock grazing use to account for 
        changing conditions.
            (2) Consultation.--The Secretary shall develop alternatives 
        under paragraph (1) in consultation with--
                    (A) the applicable grazing permittee or lessee;
                    (B) affected Federal and State agencies;
                    (C) the Malheur C.E.O. Group;
                    (D) the Burns Paiute Tribe or the Ft. McDermitt 
                Paiute Shoshone Tribe, as applicable;
                    (E) other landowners in the affected allotment; and
                    (F) interested members of the public.
            (3) Implementation of interim operational flexibilities.--
        If an applicable monitoring plan has been adopted under 
        paragraph (4), in order to improve long-term ecological health, 
        on the request of an authorized grazing permittee or lessee, 
        the Secretary shall, using new and existing data, triggered by 
        changes in weather, forage production, effects of fire or 
        drought, or other temporary conditions, allow a variance to the 
        terms and conditions of the existing applicable grazing permit 
        or lease for the applicable year--
                    (A) to adjust the season of use, the beginning date 
                of the period of use, the ending date of the period of 
                use, or both the beginning date and ending date, as 
                applicable, under the grazing permit or lease, subject 
                to the requirements that--
                            (i) unless otherwise specified in the 
                        appropriate allotment management plan or any 
                        other activity plan that is the functional 
                        equivalent to the appropriate allotment 
                        management plan under section 4120.2(a)(3) of 
                        title 43, Code of Federal Regulations (or a 
                        successor regulation), the applicable adjusted 
                        date of the season of use occurs--
                                    (I) not earlier than 14 days before 
                                the beginning date specified in the 
                                applicable permit or lease; and
                                    (II) not later than 14 days after 
                                the ending date specified in the 
                                applicable permit or lease; and
                            (ii) the authorized grazing permittee or 
                        lessee provides written notice of the 
                        adjustment to the Bureau not later than 2 
                        business days before or after the date of 
                        adjustment;
                    (B) to adjust the dates for pasture rotation based 
                on average vegetation stage and soil condition by not 
                more than 14 days, subject to the requirement that the 
                authorized grazing permittee or lessee shall provide to 
                the Bureau written notice of the adjustment not later 
                than 2 business days before or after the date of 
                adjustment;
                    (C) to adjust the placement of water structures for 
                livestock or wildlife by not more than 100 yards from 
                an associated existing road, pipeline, or structure, 
                subject to the requirement that the authorized grazing 
                permittee or lessee shall provide to the Bureau written 
                notice of the adjustment not later than 2 business days 
                before or after the date of the adjustment; and
                    (D) in a case in which the monitoring plan adopted 
                under paragraph (4) indicates alterations in the 
                operational flexibilities are necessary to achieve 
                ecological health or avoid further ecological 
                degradation of the allotment or allotment area, to 
                adjust the operational flexibilities immediately, 
                subject to the requirement that the authorized grazing 
                permittee or lessee shall provide notification of the 
                adjustment to the individuals and entities described in 
                subparagraphs (B) through (F) of paragraph (2).
            (4) Monitoring plans.--
                    (A) Monitoring plans for permit flexibility.--
                            (i) In general.--The Secretary shall adopt 
                        cooperative rangeland monitoring plans and 
                        rangeland health objectives to apply to actions 
                        taken under paragraph (1) and to monitor and 
                        evaluate the improvements or degradations to 
                        the long-term ecological health of the Federal 
                        land under the program, in consultation with 
                        grazing permittees or lessees and other 
                        individuals and entities described in paragraph 
                        (2), using existing or new scientifically 
                        supportable data.
                            (ii) Requirements.--A monitoring plan 
                        adopted under clause (i) shall--
                                    (I) identify situations in which 
                                providing operational flexibility in 
                                grazing permit or lease uses under the 
                                program is appropriate to improve long-
                                term ecological health of the Federal 
                                land;
                                    (II) identify ways in which 
                                progress under the program would be 
                                measured toward long-term ecological 
                                health of the Federal land;
                                    (III) include for projects 
                                monitored under the program--
                                            (aa) a description of the 
                                        condition standards for which 
                                        the monitoring is tracking, 
                                        including baseline conditions 
                                        and desired outcome conditions;
                                            (bb) a description of 
                                        monitoring methods and 
                                        protocols;
                                            (cc) a schedule for 
                                        collecting data;
                                            (dd) an identification of 
                                        the responsible party for data 
                                        collection and storage;
                                            (ee) an evaluation 
                                        schedule;
                                            (ff) a description of the 
                                        anticipated use of the data;
                                            (gg) provisions for 
                                        adjusting any components of the 
                                        monitoring plan; and
                                            (hh) a description of the 
                                        method to communicate the 
                                        criteria for adjusting 
                                        livestock grazing use; and
                                    (IV) provide for annual reports on 
                                the effects of flexibility in grazing 
                                permit or lease uses under the program 
                                to allow the Secretary to make 
                                management adjustments to account for 
                                the information provided in the annual 
                                report.
                    (B) Monitoring plans for interim operational 
                flexibility.--
                            (i) In general.--The Secretary shall adopt 
                        cooperative rangeland utilization monitoring 
                        plans and rangeland health objectives to apply 
                        to actions taken under paragraph (3) and to 
                        monitor and evaluate the improvements or 
                        degradations to the long-term ecological health 
                        of the Federal land identified for flexible use 
                        under the program.
                            (ii) Requirements.--A monitoring plan 
                        developed under clause (i) shall--
                                    (I) evaluate the percent 
                                utilization of available forage;
                                    (II) identify the appropriate 
                                percentage of utilization for the feed 
                                type, ecosystem, time of year, and type 
                                of animal using the allotment;
                                    (III) include--
                                            (aa) a description of the 
                                        utilization standards for which 
                                        the monitoring is tracking, 
                                        including baseline conditions 
                                        and desired outcome conditions;
                                            (bb) a description of 
                                        utilization evaluation 
                                        protocol;
                                            (cc) an evaluation schedule 
                                        identifying periods during 
                                        which utilization data will be 
                                        collected;
                                            (dd) provisions for 
                                        adjusting any components of the 
                                        monitoring plan, including 
                                        acceptance of data from 
                                        identified third parties; and
                                            (ee) a description of the 
                                        method to communicate the 
                                        criteria for adjusting 
                                        livestock grazing use based on 
                                        the on-the-ground conditions 
                                        after the period of use; and
                                    (IV) provide for annual reports on 
                                the effects of flexibility in grazing 
                                permit or lease uses under the program 
                                to allow the Secretary to make 
                                management adjustments to account for 
                                the information provided in the annual 
                                report.
            (5) Terms and conditions.--
                    (A) Preferred alternative.--If the Secretary 
                determines that an alternative considered under the 
                program that provides operational flexibility is the 
                preferred alternative, the Secretary shall--
                            (i) incorporate the alternative, including 
                        applicable monitoring plans adopted under 
                        paragraph (4), into the terms and conditions of 
                        the applicable grazing permit or lease; and
                            (ii) specify how the monitoring information 
                        with respect to the preferred alternative 
                        should be used to inform management adjustments 
                        under the program.
                    (B) Adjustments.--Before implementing any measure 
                for purposes of operational flexibility with respect to 
                a grazing use authorized under the terms and conditions 
                of a permit or lease with respect to which an 
                alternative has been incorporated under subparagraph 
                (A), the grazing permittee or lessee shall notify the 
                Secretary in writing of the proposed adjustment.
                    (C) Additional requirements.--The Secretary may 
                include any other requirements in a permit or lease 
                with respect to which an alternative has been 
                incorporated under subparagraph (A) that the Secretary 
                determines to be necessary.
    (c) Review; Termination.--
            (1) Review.--
                    (A) In general.--Subject to subparagraph (B), not 
                earlier than the date that is 8 years after the date of 
                enactment of this Act, the Secretary shall conduct a 
                review of the program to determine whether the 
                objectives of the program are being met.
                    (B) No effect on program permits and leases.--The 
                review of the program under subparagraph (A) shall not 
                affect the existence, renewal, or termination of a 
                grazing permit or lease entered into under the program.
            (2) Termination.--If, based on the review conducted under 
        paragraph (1), the Secretary determines that the objectives of 
        the program are not being met, the Secretary shall, on the date 
        that is 10 years after the date of enactment of this Act--
                    (A) modify the program in a manner to ensure that 
                the objectives of the program would be met; or
                    (B) terminate the program.
    (d) No Effect on Grazing Rights or Privileges.--Nothing in this 
Act--
            (1) affects the rights or privileges provided under the Act 
        of 10 June 28, 1934 (commonly known as the ``Taylor Grazing 
        Act''; 43 U.S.C. 315 et seq.); or
            (2) requires the Secretary to consider modifying or 
        terminating the classification of any existing grazing district 
        on the Federal land in any subsequent plan or decision of the 
        Secretary.

SEC. 4. MALHEUR COMMUNITY EMPOWERMENT FOR OWYHEE GROUP.

    (a) Definitions.--In this section:
            (1) Consensus.--The term ``consensus'' means a unanimous 
        agreement by the members of the Malheur C.E.O. Group present 
        and constituting a quorum at a regularly scheduled business 
        meeting of the Malheur C.E.O. Group.
            (2) Federal agency.--
                    (A) In general.--The term ``Federal agency'' means 
                an agency or department of the Government of the United 
                States.
                    (B) Inclusions.--The term ``Federal agency'' 
                includes--
                            (i) the Bureau of Reclamation;
                            (ii) the Bureau of Indian Affairs;
                            (iii) the Bureau;
                            (iv) the United States Fish and Wildlife 
                        Service; and
                            (v) the Natural Resources Conservation 
                        Service.
            (3) Quorum.--The term ``quorum'' means 1 more than \1/2\ of 
        the members of the Malheur C.E.O. Group.
    (b) Establishment.--The Malheur C.E.O. Group, as established before 
the date of enactment of this Act, shall assist in carrying out this 
Act.
    (c) Membership.--
            (1) In general.--The Malheur C.E.O. Group consists of--
                    (A) 5 voting members who represent private 
                interests, of whom--
                            (i) 3 members represent livestock grazing 
                        interests, of whom--
                                    (I) 1 member resides in the 
                                northern \1/3\ of Malheur County;
                                    (II) 1 member resides in the center 
                                \1/3\ of Malheur County; and
                                    (III) 1 member resides in the 
                                southern \1/3\ of Malheur County;
                            (ii) 1 member is in the recreation or 
                        tourism industry; and
                            (iii) 1 member is from an applicable 
                        irrigation district;
                    (B) 2 voting members who represent the 
                environmental community, 1 of whom is based in the 
                County;
                    (C) 1 voting member who represents the hunting or 
                fishing community;
                    (D) 2 voting members who are representatives of 
                Indian Tribes, of whom--
                            (i) 1 member shall be a representative of 
                        the Burns Paiute Tribe; and
                            (ii) 1 member shall be a representative of 
                        the Fort McDermitt Paiute Shoshone Tribe;
                    (E) 2 nonvoting members who are representatives of 
                Federal agencies with authority and responsibility in 
                the County and who shall provide technical assistance, 
                1 of whom shall represent the Bureau;
                    (F) 2 nonvoting members who are representatives of 
                State agencies with authority and responsibility in the 
                County and who shall provide technical assistance, of 
                whom--
                            (i) 1 member shall be from the State 
                        Department of Fish and Wildlife; and
                            (ii) 1 member shall be from the State Parks 
                        Department; and
                    (G) 4 nonvoting members who are representatives of 
                units of local government within the County and who 
                shall provide technical assistance, 1 of whom shall be 
                from the County weeds eradication department.
            (2) Appointment; term; vacancy.--
                    (A) Appointment.--
                            (i) Governmental agencies.--A member of the 
                        Malheur C.E.O. Group representing a Federal 
                        agency or State or local agency shall be 
                        appointed by the head of the applicable agency.
                            (ii) Private interests.--A member of the 
                        Malheur C.E.O. Group representing private 
                        interests appointed after the date of enactment 
                        of this Act shall be appointed in accordance 
                        with the articles of incorporation and bylaws 
                        of the Malheur C.E.O. Group.
                    (B) Term.--
                            (i) Representatives of federal agencies.--A 
                        member of the Malheur C.E.O. Group who 
                        represents a Federal agency shall serve for a 
                        term of 3 years.
                            (ii) Other members.--A member of the 
                        Malheur C.E.O. Group not described in clause 
                        (i) shall serve for a term of 3 years.
                    (C) Vacancy.--A vacancy on the Malheur C.E.O. Group 
                shall be filled in the manner described in subparagraph 
                (A).
    (d) Projects.--
            (1) In general.--The Malheur C.E.O. Group shall propose 
        eligible projects described in paragraph (2) on Federal land 
        and water and non-Federal land and water in the County to be 
        carried out by the Malheur C.E.O. Group or a third party, using 
        funds provided by the Malheur C.E.O. Group, if a consensus of 
        the Malheur C.E.O. Group approves the proposed eligible 
        project.
            (2) Description of eligible projects.--An eligible project 
        referred to in paragraph (1) is a project relating to--
                    (A) ecological restoration, including development, 
                planning, and implementation;
                    (B) range improvements for the purpose of providing 
                more efficient and effective ecologically beneficial 
                management of domestic livestock, fish, wildlife, or 
                habitat;
                    (C) invasive species management or eradication, 
                including invasive weeds, vegetation, fish, or 
                wildlife;
                    (D) restoration of springs and related water 
                infrastructure to enhance the availability of 
                sustainable flows of freshwater for livestock, fish, or 
                wildlife;
                    (E) conservation of cultural sites; or
                    (F) economic development or recreation management.
            (3) Requirement.--
                    (A) In general.--In the case of an eligible project 
                proposed under paragraph (1) that is to be carried out 
                on Federal land or requires the use of Federal funds, 
                the project may not be carried out without the approval 
                of the head of the applicable Federal agency.
                    (B) Failure to approve.--If an eligible project 
                described in subparagraph (A) is not approved by the 
                head of the applicable Federal agency, not later than 
                14 business after the date on which the proposal is 
                submitted to the head of the applicable Federal agency, 
                the head of the Federal agency shall provide to the 
                Malheur C.E.O. Group in writing a description of the 
                reasons for not approving the proposed eligible 
                project.
            (4) Failure to approve by consensus.--If an eligible 
        project proposed under paragraph (1) is not agreed to by 
        consensus after 3 votes are conducted by the Malheur C.E.O. 
        Group, the proposed eligible project may be agreed to by a 
        quorum of the members of the Malheur C.E.O. Group, subject to 
        the limitations that--
                    (A) the eligible project may not be carried out on 
                Federal land; and
                    (B) no Federal funds may be used for an eligible 
                project that is agreed to in accordance with this 
                paragraph.
            (5) Acceptance of donations.--The Malheur C.E.O. Group 
        may--
                    (A) accept and place into a trust fund any 
                donations, grants, or other funds received by the 
                Malheur C.E.O. Group; and
                    (B) use amounts placed into a trust fund under 
                paragraph (1) to carry out eligible projects approved 
                in accordance with this section, including eligible 
                projects carried out on Federal land or water or using 
                Federal funds, if the project is approved by the head 
                of the applicable Federal agency.
            (6) Cost-sharing requirement.--
                    (A) In general.--The Federal share of the total 
                cost of an eligible project carried out using amounts 
                made available under subsection (i) shall be not more 
                than 75 percent.
                    (B) Form of non-federal contribution.--The non-
                Federal contribution required under subparagraph (A) 
                may be provided in the form of in-kind contributions.
            (7) Funding recommendations.--All funding recommendations 
        developed by the Malheur C.E.O. Group shall be based on a 
        consensus of the Malheur C.E.O. Group members.
    (e) Technical Assistance.--Any Federal agency with authority and 
responsibility in the County shall provide technical assistance to the 
Malheur C.E.O. Group on request of the Malheur C.E.O. Group.
    (f) Public Notice and Participation.--The Malheur C.E.O. Group 
shall conduct all meetings subject to applicable open meeting and 
public participation laws.
    (g) Priorities.--For purposes of approving eligible projects 
proposed under paragraph (1), the Malheur C.E.O. Group shall give 
priority to voluntary habitat, range, and ecosystem restoration 
projects focused on improving the long-term ecological health of the 
Federal land and natural bodies of water.
    (h) Additional Projects.--To the extent permitted by existing 
authorities and subject to the availability of appropriations, Federal 
agencies may contribute to the implementation of projects recommended 
by the Malheur C.E.O. Group and approved by the Secretary.
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $1,000,000 for each of 
        fiscal years 2024 through 2034.
            (2) Maintenance and distribution.--Amounts made available 
        under paragraph (1) shall be maintained and distributed by the 
        Secretary.
            (3) Administrative expenses.--Not more than more than 5 
        percent of amounts made available under paragraph (1) for a 
        fiscal year may be used for the administration of this Act.
            (4) Grants.--Of the amounts made available under paragraph 
        (1), not more than 10 percent may be made available for a 
        fiscal year to provide grants to the Malheur C.E.O. Group.
    (j) Effect.--
            (1) Existing activities.--The activities of the Malheur 
        C.E.O. Group shall supplement, rather than replace, existing 
        activities to manage the natural resources of the County.
            (2) Legal rights, duties, or authorities.--Nothing in this 
        section affects any legal right, duty, or authority of any 
        person or Federal agency, including any member of the Malheur 
        C.E.O. Group.

SEC. 5. LAND DESIGNATIONS.

    (a) Definitions.--In this section:
            (1) Map.--The term ``Map'' means the map entitled 
        ``Proposed Wilderness Malheur County'' and dated June 7, 2023.
            (2) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by subsection (b)(1).
    (b) Designation of Wilderness Areas.--
            (1) In general.--In accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following Federal land in the County 
        comprising approximately 1,097,731 acres, as generally depicted 
        on the Map, is designated as wilderness and as components of 
        the National Wilderness Preservation System:
                    (A) Fifteenmile creek wilderness.--Certain Federal 
                land, comprising approximately 58,599 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Fifteenmile Creek Wilderness''.
                    (B) Oregon canyon mountains wilderness.--Certain 
                Federal land, comprising approximately 57,891 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Oregon Canyon Mountains Wilderness''.
                    (C) Twelvemile creek wilderness.--Certain Federal 
                land, comprising approximately 37,779 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Twelvemile Creek Wilderness''.
                    (D) Upper west little owyhee wilderness.--Certain 
                Federal land, comprising approximately 93,159 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Upper West Little Owyhee Wilderness''.
                    (E) Lookout butte wilderness.--Certain Federal 
                land, comprising approximately 66,194 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Lookout Butte Wilderness''.
                    (F) Mary gautreaux owyhee river canyon 
                wilderness.--Certain Federal land, comprising 
                approximately 223,586 acres, as generally depicted on 
                the Map, which shall be known as the ``Mary Gautreaux 
                Owyhee River Canyon Wilderness''.
                    (G) Twin butte wilderness.--Certain Federal land, 
                comprising approximately 18,135 acres, as generally 
                depicted on the Map, which shall be known as the ``Twin 
                Butte Wilderness''.
                    (H) Cairn ``c'' wilderness.--Certain Federal land, 
                comprising approximately 8,946 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Cairn `C' Wilderness''.
                    (I) Oregon butte wilderness.--Certain Federal land, 
                comprising approximately 32,010 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Oregon Butte Wilderness''.
                    (J) Deer flat wilderness.--Certain Federal land, 
                comprising approximately 12,266 acres, as generally 
                depicted on the Map, which shall be known as the ``Deer 
                Flat Wilderness''.
                    (K) Sacramento hill wilderness.--Certain Federal, 
                comprising approximately 9,568 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Sacramento Hill Wilderness''.
                    (L) Coyote wells wilderness.--Certain Federal land, 
                comprising approximately 7,147 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Coyote Wells Wilderness''.
                    (M) Big grassey wilderness.--Certain Federal land, 
                comprising approximately 45,192 acres, as generally 
                depicted on the Map, which shall be known as the ``Big 
                Grassey Wilderness''.
                    (N) Little groundhog reservoir wilderness.--Certain 
                Federal land, comprising approximately 5,272 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Little Groundhog Reservoir Wilderness''.
                    (O) Mary gautreaux lower owyhee canyon 
                wilderness.--Certain Federal land, comprising 
                approximately 79,947 acres, as generally depicted on 
                the Map, which shall be known as the ``Mary Gautreaux 
                Lower Owyhee Canyon Wilderness''.
                    (P) Jordan crater wilderness.--Certain Federal 
                land, comprising approximately 31,141 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Jordan Crater Wilderness''.
                    (Q) Owyhee breaks wilderness.--Certain Federal 
                land, comprising approximately 29,471 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Owyhee Breaks Wilderness''.
                    (R) Dry creek wilderness.--Certain Federal land, 
                comprising approximately 33,209 acres, as generally 
                depicted on the Map, which shall be known as the ``Dry 
                Creek Wilderness''.
                    (S) Dry creek buttes wilderness.--Certain Federal 
                land, comprising approximately 53,782 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Dry Creek Buttes Wilderness''.
                    (T) Upper leslie gulch wilderness.--Certain Federal 
                land, comprising approximately 2,911 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Upper Leslie Gulch Wilderness''.
                    (U) Slocum creek wilderness.--Certain Federal land, 
                comprising approximately 7,528 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Slocum Creek Wilderness''.
                    (V) Honeycombs wilderness.--Certain Federal land, 
                comprising approximately 40,099 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Honeycombs Wilderness''.
                    (W) Wild horse basin wilderness.--Certain Federal 
                land, comprising approximately 18,381 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Wild Horse Basin Wilderness''.
                    (X) Quartz mountain wilderness.--Certain Federal 
                land, comprising approximately 32,781 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Quartz Mountain Wilderness''.
                    (Y) The tongue wilderness.--Certain Federal land, 
                comprising approximately 6,800 acres, as generally 
                depicted on the Map, which shall be known as ``The 
                Tongue Wilderness''.
                    (Z) Burnt mountain wilderness.--Certain Federal 
                land, comprising approximately 8,109 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Burnt Mountain Wilderness''.
                    (AA) Cottonwood creek wilderness.--Certain Federal 
                land, comprising approximately 77,828 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Cottonwood Creek Wilderness''.
            (2) Maps and legal descriptions.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                prepare and submit to Congress a map and legal 
                description of each wilderness area.
                    (B) Effect.--Each map and legal description 
                prepared under subparagraph (A) shall have the same 
                force and effect as if included in this Act, except 
                that the Secretary may correct clerical and 
                typographical errors in the map or legal description.
                    (C) Public availability.--The maps and legal 
                descriptions prepared under subparagraph (A) shall be 
                on file and available for public inspection in the 
                appropriate offices of the Bureau.
            (3) Management.--
                    (A) In general.--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--
                            (i) any reference in that 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 that Act to the 
                        Secretary of Agriculture shall be considered to 
                        be a reference to the Secretary.
                    (B) Grazing.--The Secretary shall allow the 
                continuation of the grazing of livestock, including the 
                maintenance, construction, or replacement of authorized 
                supporting facilities, in the wilderness areas, if 
                established before the date of enactment of this Act, 
                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) Roads adjacent to wilderness areas.--Nothing in 
                this Act requires the closure of any adjacent road 
                outside the boundary of a wilderness area.
                    (D) Fish and wildlife management activities.--
                            (i) In general.--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 that are 
                        necessary to maintain or restore fish and 
                        wildlife populations and habitats in the 
                        wilderness areas, if the management activities 
                        are--
                                    (I) consistent with applicable 
                                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).
                            (ii) Inclusions.--Management activities 
                        under clause (i) may include the occasional and 
                        temporary use of motorized vehicles, if the 
                        use, as determined by the Secretary, would 
                        promote healthy, viable, and more naturally 
                        distributed wildlife populations that would 
                        enhance wilderness values while causing the 
                        minimum impact necessary to accomplish those 
                        tasks.
                    (E) Existing activities.--Consistent with section 
                4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) 
                and 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), the State may 
                use aircraft (including helicopters) in the wilderness 
                areas to survey capture, transplant, monitor, and 
                provide water for wildlife populations, including 
                bighorn sheep and feral stock, feral horses, and feral 
                burros.
    (c) Management of Land Not Designated as Wilderness.--
            (1) Release of wilderness study area.--
                    (A) Finding.--Congress finds that, for purposes of 
                section 603(c) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1782(c)), any portion 
                of the Federal land designated as a wilderness study 
                area, but not depicted on the Map as a wilderness study 
                area, that is not designated as wilderness by 
                subsection (b)(1) has been adequately studied for 
                wilderness designation.
                    (B) Release.--Except as provided in paragraph (2), 
                the land described in subparagraph (A)--
                            (i) 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
                            (ii) shall be managed in accordance with 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1701 et seq.), including any 
                        applicable land use plan adopted under section 
                        202 of that Act (43 U.S.C. 1712).
            (2) Management of certain land with wilderness 
        characteristics.--Any portion of the Federal land that was 
        previously determined by the Secretary to be land with 
        wilderness characteristics that is not designated as wilderness 
        by subsection (b)(1) and is not designated on the Map as ``land 
        with wilderness characteristics'' shall be managed by the 
        Secretary in accordance with the applicable land use plans 
        adopted under section 202 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1712).

SEC. 6. ECONOMIC DEVELOPMENT.

    (a) Definition of Map.--In this section, the term ``Map'' means the 
map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks 
Scenic Loops'' and dated November 6, 2019.
    (b) Loop Roads Requirements.--
            (1) In general.--The Secretary of Transportation, in 
        coordination with the Secretary and County, shall work with 
        Travel Oregon to establish the loop roads.
            (2) Owyhee dam road.--
                    (A) Safety upgrades.--
                            (i) In general.--The Secretary of 
                        Transportation shall seek to enter into an 
                        arrangement with the County to fund safety 
                        upgrades, in accordance with County road 
                        standards, to the Owyhee Dam Road to ensure 
                        access to the recreational opportunities of the 
                        Owyhee Reservoir, including improved signage 
                        and surfacing.
                            (ii) Deadline for upgrades.--Any upgrades 
                        carried out with funds provided under clause 
                        (i) shall be completed not later than 1 year 
                        after the date of enactment of this Act, 
                        weather permitting.
                            (iii) Compliance with standards.--If the 
                        County receives any funds under this 
                        subparagraph, the County shall ensure that, not 
                        later than 1 year after the date of enactment 
                        of this Act, weather permitting, the Owyhee Dam 
                        Road is in compliance with the applicable 
                        standards of--
                                    (I) the State;
                                    (II) the County; and
                                    (III) each affected County road 
                                district.
                    (B) Authorization of appropriations.--In addition 
                to amounts made available under subsection (g)(1), 
                there is authorized to be appropriated to the Secretary 
                of Transportation to carry out subparagraph (A) 
                $6,000,000.
            (3) Succor creek scenic loop.--The Secretary of 
        Transportation shall work with the Secretary and County on a 
        plan to improve the Succor Creek Scenic Loop, as generally 
        depicted on the Map, to accommodate visitors and residents.
            (4) Birch creek scenic loop.--The Secretary of 
        Transportation shall work with the Secretary and County on a 
        plan to improve the Birch Creek Scenic Loop, as generally 
        depicted on the Map, to accommodate visitors and residents.
            (5) Three forks scenic loop.--The Secretary of 
        Transportation shall work with the Secretary and County on a 
        plan to improve the Three Forks Scenic Loop, as generally 
        depicted on the Map--
                    (A) to accommodate visitors and residents; and
                    (B) to provide a connection to the Idaho Scenic 
                Byway.
    (c) Improvements to State Parks and Other Amenities.--Not later 
than 180 days after the date of enactment of this Act--
            (1) the Commissioner, in coordination with the Owyhee 
        Irrigation District, shall work with Travel Oregon or the 
        Oregon Parks and Recreation Department, as appropriate, to 
        carry out a feasibility study regarding each of--
                    (A) the establishment of not more than 2 marinas on 
                the Owyhee Reservoir;
                    (B) improvements to existing Oregon State Parks 
                bordering the Owyhee Reservoir;
                    (C) the establishment of a network of hostelries in 
                the County using former hotels and bunkhouses that are 
                not currently in use;
                    (D) improvements to private camps on the shore of 
                the Owyhee Reservoir; and
                    (E) any other economic development proposals for 
                the Owyhee Reservoir or the County; and
            (2) the Secretary of Transportation shall work with the 
        County to carry out a feasibility study regarding the rails-to-
        trails project known as ``Rails to Trails: The Oregon Eastern 
        Branch/The Oregon and Northwestern Railroad''.
    (d) Gateway to the Oregon Owyhee.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation, in 
coordination with Travel Oregon, shall complete a feasibility study on 
how best to market communities or sections of the County as the 
``Gateway to the Oregon Owyhee''.
    (e) Jordan Valley Airstrip Improvements To Support Firefighting 
Efforts.--
            (1) In general.--The Secretary shall work with firefighting 
        entities in the County to determine--
                    (A) the need for the use of the Jordan Valley 
                Airstrip to support firefighting efforts; and
                    (B) the conditions under which the Jordan Valley 
                Airstrip may be used to support firefighting efforts.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Malheur C.E.O. Group a report describing the need and 
        conditions described in subparagraphs (A) and (B) of paragraph 
        (1), including methods by which to meet those conditions.
    (f) Wildlife Recreation, Migrations, Management, and Law 
Enforcement.--The Secretary shall--
            (1) study and carry out recreation improvements on the 
        Owyhee River below Owyhee Dam;
            (2) in coordination with the United States Geological 
        Survey, State wildlife agencies, and the Burns Paiute Tribe, 
        study big game migrations in the Owyhee region;
            (3) coordinate bighorn sheep management with agencies in 
        the States of Idaho, Oregon, and Nevada (including authorized 
        agents of those agencies); and
            (4) provide for increased law enforcement in the Owyhee 
        region.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2024--
            (1) to the Secretary of Transportation--
                    (A) to carry out subsection (b), $2,000,000;
                    (B) to carry out subsection (c)(2), $2,000,000; and
                    (C) to carry out subsection (d), $500,000;
            (2) to the Commissioner to carry out subsection (c)(1), 
        $1,000,000; and
            (3) to the Secretary--
                    (A) to carry out subsection (e), $500,000; and
                    (B) to carry out subsection (f), $1,000,000.

SEC. 7. LAND CONVEYANCES TO BURNS PAIUTE TRIBE AND CASTLE ROCK CO-
              STEWARDSHIP AREA.

    (a) Jonesboro Ranch, Road Gulch, and Black Canyon Land 
Conveyances.--
            (1) Conveyance and taking into trust.--
                    (A) Title.--As soon as practicable after the date 
                of enactment of this Act, the Secretary shall accept 
                title to the land described in paragraph (2), if 
                conveyed or otherwise transferred to the United States 
                by, or on behalf of, the Burns Paiute Tribe.
                    (B) Trust.--Land to which title is accepted by the 
                Secretary under subparagraph (A) shall--
                            (i) be held in trust by the United States 
                        for the benefit of the Burns Paiute Tribe; and
                            (ii) be part of the reservation of the 
                        Burns Paiute Tribe.
            (2) Description of land.--The land referred to in paragraph 
        (1)(A) is the following, as depicted on the map entitled 
        ``Malheur Reservation Paiute Indian Tribe Grant, Malheur, and 
        Harney Counties, Oregon'' and dated March 15, 1958:
                    (A) Jonesboro ranch.--The parcel commonly known as 
                ``Jonesboro Ranch'', located approximately 6 miles east 
                of Juntura, Oregon, consisting of 21,548 acres of 
                Federal land, 6,686 acres of certain private land owned 
                by the Burns Paiute Tribe and associated with the 
                Jonesboro Ranch containing the pastures referred to as 
                ``Saddle Horse'' and ``Trail Horse'', ``Indian Creek'', 
                ``Sperry Creek'', ``Antelope Swales'', ``Horse Camp'', 
                ``Dinner Creek'', ``Upper Hunter Creek'', and ``Tim's 
                Peak'', and more particularly described as follows:
                            (i) T. 20 S., R. 38 E., secs. 25 and 36, 
                        Willamette Meridian.
                            (ii) T. 20 S., R. 39 E., secs. 25-36, 
                        Willamette Meridian.
                            (iii) T. 20 S., R. 40 E., secs. 30, 31, and 
                        32, Willamette Meridian.
                            (iv) T. 21 S., R. 39 E., secs. 1-18, 20-29, 
                        and 32-36, Willamette Meridian.
                            (v) T. 21 S., R. 40 E., secs. 5-8, 17-19, 
                        30, and 31, Willamette Meridian.
                            (vi) T. 22 S., R. 39 E., secs. 1-5, 8, and 
                        9, Willamette Meridian.
                    (B) Road gulch; black canyon.--The approximately 
                4,137 acres of State land containing the pastures 
                referred to as ``Road Gulch'' and ``Black Canyon'' and 
                more particularly described as follows:
                            (i) T. 20 S., R. 39 E., secs. 10, 11, 15, 
                        14, 13, 21-28, and 36, Willamette Meridian.
                            (ii) T 20 S., R. 40 E., secs. 19, 30, 31, 
                        and 32, Willamette Meridian.
            (3) Applicable law.--Land taken into trust under paragraph 
        (1)(B) shall be administered in accordance with the laws 
        (including regulations) generally applicable to property held 
        in trust by the United States for the benefit of an Indian 
        Tribe.
            (4) Map of trust land.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall prepare a 
        map depicting the land taken into trust under paragraph (1)(B).
            (5) Land exchange.--Not later than 3 years after the date 
        of enactment of this Act, the Secretary shall seek to enter 
        into an agreement with the State under which the Secretary 
        would exchange Federal land for the portions of the area 
        described in paragraph (2)(B) that are owned by the State.
            (6) Payment in lieu of taxes program.--Any land taken into 
        trust under paragraph (1)(B) shall be eligible for payments 
        under the payment in lieu of taxes program established under 
        chapter 69 of title 31, United States Code.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as are necessary 
        to carry out this subsection.
    (b) Castle Rock Land To Be Held in Trust and Co-stewardship Area.--
            (1) Land to be held in trust.--All right, title, and 
        interest of the United States in and to the approximately 2,500 
        acres of land in the Castle Rock Wilderness Study Area, as 
        depicted on the map entitled ``Proposed Wilderness Malheur 
        County'' and dated June 7, 2023, shall--
                    (A) be held in trust by the United States for the 
                benefit of the Burns Paiute Tribe; and
                    (B) be part of the reservation of the Burns Paiute 
                Tribe.
            (2) Castle rock co-stewardship area.--
                    (A) Memorandum of understanding.--
                            (i) In general.--As soon as practicable 
                        after the date of enactment of this Act, the 
                        Secretary shall seek to enter into a memorandum 
                        of understanding with the Burns Paiute Tribe to 
                        provide for the co-stewardship of the area 
                        depicted as ``Castle Rock Co-Stewardship Area'' 
                        on the map entitled ``Proposed Wilderness 
                        Malheur County'' and dated June 7, 2023, to be 
                        known as the ``Castle Rock Co-Stewardship 
                        Area''.
                            (ii) Requirement.--The memorandum of 
                        understanding entered into under clause (i) 
                        shall ensure that the Castle Rock Co-
                        Stewardship Area is managed in a manner that--
                                    (I) ensures that Tribal interests 
                                are adequately considered;
                                    (II) provides for maximum 
                                protection of cultural and 
                                archaeological resources; and
                                    (III) provides for the protection 
                                of natural resources with cultural 
                                significance.
                    (B) Management agreements.--In accordance with 
                applicable law (including regulations), the Secretary 
                may enter into 1 or more management agreements with the 
                Burns Paiute Tribe to authorize the Burns Paiute Tribe 
                to carry out management activities in the Castle Rock 
                Co-Stewardship Area in accordance with the memorandum 
                of understanding entered into under subparagraph 
                (A)(i).
                    (C) Grazing.--The grazing of livestock in the 
                Castle Rock Co-Stewardship Area, if established before 
                the date of enactment of this Act, shall be permitted 
                to continue in accordance with applicable law 
                (including regulations).
                    (D) Water rights.--Nothing in this paragraph--
                            (i) affects any valid and existing water 
                        rights; or
                            (ii) provides the Burns Paiute Tribe with 
                        any new water right or claim.
            (3) Withdrawal.--Subject to valid existing rights, the land 
        taken into trust under paragraph (1) and the land comprising 
        the Castle Rock Co-Stewardship Area are withdrawn from--
                    (A) all forms of entry, appropriation, and disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws and mineral materials laws.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,000,000 for 
fiscal year 2024.
    (d) Effect on Tribal Rights and Certain Existing Uses.--Nothing in 
this section, including any designation or nondesignation of land 
transferred into trust to be held by the United States for the benefit 
of the Burns Paiute Tribe under this section--
            (1) alters, modifies, enlarges, diminishes, or abrogates 
        rights secured by a treaty, statute, Executive order, or other 
        Federal law of any Indian Tribe, including off-reservation 
        reserved rights; or
            (2) affects--
                    (A) existing rights-of-way; or
                    (B) preexisting grazing uses and existing water 
                rights or mining claims, except as specifically 
                negotiated between any applicable Indian Tribe and the 
                Secretary.
                                 <all>