[Congressional Record Volume 156, Number 12 (Thursday, January 28, 2010)]
[Senate]
[Pages S343-S345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 2963. 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; to the Committee on Energy 
and Natural Resources.
  Mr. WYDEN. Mr. President, today I rise to introduce new Wilderness 
legislation to protect two of Oregon's natural treasures. But, this 
bill will do even more than that. It will also help Oregon's economy, 
because visitors from all over the world come to our State to 
experience first-hand the unique scenic beauty of place like the lands 
preserved by this bill.
  The legislation I introduce today with my colleague Senator Merkley--
the Cathedral Rock and Horse Heaven Wilderness Act of 2010--will 
consolidate what is currently a splintered ownership of land in this 
area and protect 16,477 acres of new Wilderness along the Lower John 
Day River. The fractured land ownership in this area makes it difficult 
for visitors to fully appreciate these areas when they hike, fish or 
hunt there because of the scattered and misunderstood lines of private 
and public ownership. This bill will solve that problem and make these 
lands more inviting to visitors while giving the landowners more 
contiguous property to call home.
  The area in question is stunning. The Cathedral Rock and Horse Heaven 
Wilderness proposals encompass dramatic basalt cliffs and rolling hills 
of juniper, sagebrush and native grasses. These new areas build on the 
desert Spring Basin Wilderness that was established last year as a 
result of legislation I introduced, and are located directly across the 
John Day River from Spring Basin.
  With 500 miles of undammed waters, the John Day River is the second-
longest free-flowing river in the continental U.S. and is a place that 
is cherished by Oregonians. The Lower John Day Wild and Scenic River 
offers world-class opportunities for outdoor recreation as well as 
crucial wildlife habitat for elk, mule deer, bighorn sheep and native 
fish such as salmon and steelhead trout. Through land consolidation 
between public and private landowners, this bill will allow for better 
management and easier public access for this important natural 
treasure. With the current fragmentation of public and private land 
ownership in the area, river campsites are limited. Many federal lands 
among them can't be reached by the hikers, campers and other outdoors 
recreationists who could most appreciate them. With the

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equal-value land exchanges included in this bill, public lands would be 
consolidated into two new Wilderness areas. This would enhance public 
safety, improve land management, and increase public access and 
recreational opportunities. This solution will create an incredible, 
new heritage for public lands recreationists who are an important 
factor in keeping Oregon's economy healthy and thriving.
  Rafters of the John Day River can attest to the need for more 
campsites and public access to the Cathedral Rock area. Backcountry 
hunters will be able to scan the hillsides for elk, deer and game-birds 
without having to worry about accidentally trespassing on someone's 
private land. Anglers will be able to access nearly 5 miles of the John 
Day River that today are only reachable from privately owned lands. 
Likewise, such a solution ensures that local landowners can manage 
their lands effectively without running across unwitting trespassers.
  One good example of the value of these land swaps is Young Life's 
Washington Family Ranch. This Ranch is home to a Christian youth camp 
that welcomes over 20,000 kids to the lower John Day area each year. 
This bill sets out private and public land boundaries that can clearly 
be seen on the ground and create a safer area for campers on the Ranch; 
this serves the children who visit the area well and ensures the 
continued viability of the Ranch, which, in turn, provides big economic 
dividends to the local community.
  The Cathedral Rock and Horse Heaven Wilderness proposal is described 
as ``win-win-win'' by many stakeholders--nearly five miles of new river 
access for the public and 18,000 acres of protected wild land for 
outdoor enthusiasts; better management for private landowners and 
public agencies; and important habitat protections for sensitive and 
endangered species. This proposal is an example of the positive 
solutions that can result when varied, bipartisan interests in a 
community come together to craft solutions that will work for everyone. 
All three of the counties involved in this legislation, Wheeler, Wasco 
and Jefferson, have endorsed this proposal as well as a number of user 
and recreation groups. I especially want to thank the Oregon Natural 
Desert Association, Young Life and Forrest Reinhardt, and Matt Smith 
for their role in developing this collaborative solution that will 
benefit all Oregonians.
  Oregon's wildlands play an increasingly important role in the 
economic development of our State, especially in traditionally rural 
areas east of the Cascades. Visitors come from thousands of miles away 
to hike, fish, raft and hunt in Oregon's desert Wilderness. Beyond 
tourism, the rich quality of life and the diverse natural amenities 
that we enjoy as Oregonians are key to attracting new businesses to 
Oregon. The Cathedral Rock and Horse Heaven Wilderness areas will help 
make sure that this rural area will enjoy the benefits that permanently 
connecting these disparate pieces of natural landscape will bring for 
generations to come.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2963

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cathedral Rock and Horse 
     Heaven Wilderness Act of 2010''.

     SEC. 2. DEFINITIONS.

       (1) Federal land.--The term ``Federal land'' means the 
     Federal land authorized to be conveyed by the United States 
     under section 4(a).
       (2) Landowner.--The term ``landowner'' means the owner of 
     the applicable non-Federal land.
       (3) Non-federal land.--The term ``non-Federal land'' means 
     the land authorized to be conveyed to the United States under 
     section 4(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of Oregon.
       (6) Wilderness area.--The term ``wilderness area'' means 
     any of the areas designated as components of the National 
     Wilderness Preservation System by section 3(a).
       (7) Wilderness map.--The term ``wilderness map'' means the 
     map entitled ``Cathedral Rock-Horse Heaven Wilderness 
     Proposals'' and dated January 21, 2010.

     SEC. 3. CATHEDRAL ROCK WILDERNESS AND HORSE HEAVEN 
                   WILDERNESS.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following land in the State is 
     designated as wilderness and as components of the National 
     Wilderness Preservation System:
       (1) Cathedral rock wilderness.--The approximately 8,686 
     acres of Bureau of Land Management land in the State, as 
     depicted on the wilderness map, to be known as the 
     ``Cathedral Rock Wilderness''.
       (2) Horse heaven wilderness.--The approximately 7,791 acres 
     of Bureau of Land Management land in the State, as depicted 
     on the wilderness map, to be known as the ``Horse Heaven 
     Wilderness''.
       (b) Maps; 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 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.--The maps and legals description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct errors in the map and legal description.
       (3) Availability.--The maps and legal descriptions filed 
     under paragraph (1) shall be on file and available for public 
     inspection in--
       (A) the Office of the Chief of the Forest Service; and
       (B) the Office of the Director of the Bureau of Land 
     Management.
       (4) Conflict between map and legal description.--In the 
     case of a conflict between the maps and legal descriptions 
     filed under paragraph (1), the maps shall control.
       (c) Administration of Wilderness.--
       (1) 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 any reference in that Act to the effective date 
     shall be considered to be a reference to the date of 
     enactment of this Act.
       (2) Incorporation of acquired land and interests.--Any land 
     within or adjacent to the boundary of a wilderness area that 
     is acquired by the United States shall--
       (A) become part of the wilderness area; and
       (B) be managed in accordance with--
       (i) this section; and
       (ii) any other applicable laws.
       (3) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land within 
     the wilderness areas is withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.
       (4) Grazing.--The grazing of domestic livestock in a 
     wilderness area shall be administered in accordance with--
       (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (B) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405) and H.R. 5487 of the 96th Congress (H. 
     Rept. 96-617).
       (5) Access to non-federal land.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary shall 
     provide reasonable access to non-Federal land within the 
     boundaries of the wilderness areas.
       (6) State water laws.--Nothing in this section constitutes 
     an exemption from State water laws (including regulations).
       (7) Tribal rights.--Nothing in this section--
       (A) affects, alters, amends, repeals, interprets, 
     extinguishes, modifies, or is in conflict with--
       (i) the treaty rights of an Indian tribe, including the 
     rights secured by the Treaty with the Tribes and Bands of 
     Middle Oregon of June 25, 1855 (12 Stat. 963);
       (ii) any other rights of an Indian tribe;
       (B) prevents, prohibits, terminates, or abridges the 
     exercise of treaty-reserved rights, including the rights 
     secured by the Treaty with the Tribes and Bands of Middle 
     Oregon of June 25, 1855 (12 Stat. 963), within the boundaries 
     of the wilderness areas; or
       (C) affects any non-Federal land acquired by the United 
     States under section 4.

     SEC. 4. LAND EXCHANGES.

       (a) Authorization.--
       (1) Smith exchange.--
       (A) In general.--If Derby Smith Partners, LLC, of Bend, 
     Oregon (referred to in this section as ``Smith''), offers to 
     convey to the United States all right, title, and interest of 
     Smith in and to the non-Federal land described in 
     subparagraph (B)(i), the Secretary shall--
       (i) accept the offer; and
       (ii) on receipt of acceptable title to the non-Federal land 
     and subject to valid existing rights, convey to Smith all 
     right, title, and interest of the United States in and to the 
     Federal land described in subparagraph (B)(ii).
       (B) Description of land.--
       (i) Non-federal land.--The non-Federal land referred to in 
     subparagraph (A) is the approximately 1,057 acres of non-
     Federal land identified on the wilderness map as ``Lands 
     proposed for transfer from Smith to the Federal Government''.

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       (ii) Federal land.--The Federal land referred to in 
     subparagraph (A)(ii) is the approximately 1,195 acres of 
     Federal land identified on the wilderness map as ``Lands 
     proposed for transfer from the Federal Government to Smith''.
       (2) Shrum exchange.--
       (A) In general.--If Milton Shrum (referred to in this 
     section as ``Shrum'') offers to convey to the United States 
     all right, title, and interest of Shrum in and to the non-
     Federal land described in subparagraph (B)(i), the Secretary 
     shall--
       (i) accept the offer; and
       (ii) on receipt of acceptable title to the non-Federal land 
     and subject to valid existing rights, convey to Shrum all 
     right, title, and interest of the United States in and to the 
     Federal land described in subparagraph (B)(ii).
       (B) Description of land.--
       (i) Non-federal land.--The non-Federal land referred to in 
     subparagraph (A) is the approximately 416 acres of non-
     Federal land identified on the wilderness map as ``Lands 
     proposed for transfer from Shrum to the Federal Government''.
       (ii) Federal land.--The Federal land referred to in 
     subparagraph (A)(ii) is the approximately 594 acres of 
     Federal land identified on the wilderness map as ``Lands 
     proposed for transfer from the Federal Government to Shrum''.
       (3) Young life exchange.--
       (A) In general.--If Young Life of Colorado Springs, 
     Colorado (referred to in this section as ``Young Life''), 
     offers to convey to the United States all right, title, and 
     interest of Young Life in and to the non-Federal land 
     described in subparagraph (B)(i), the Secretary shall--
       (i) accept the offer; and
       (ii) on receipt of acceptable title to the non-Federal land 
     and subject to valid existing rights, convey to Young Life 
     all right, title, and interest of the United States in and to 
     the Federal land described in subparagraph (B)(ii).
       (B) Description of land.--
       (i) Non-federal land.--The non-Federal land referred to in 
     subparagraph (A) is the approximately 8,715 acres of non-
     Federal land identified on the wilderness map as ``Lands 
     proposed for transfer from Young Life to the Federal 
     Government''.
       (ii) Federal land.--The Federal land referred to in 
     subparagraph (A)(ii) is the approximately 12,335 acres of 
     Federal land identified on the wilderness map as ``Lands 
     proposed for transfer from the Federal Government to Young 
     Life''.
       (b) Applicable Law.--Except as otherwise provided in this 
     section, the Secretary shall carry out the land exchanges 
     under subsection (a) in accordance with section 206 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716).
       (c) Conditions.--The conveyances of the Federal land and 
     non-Federal land under subsection (a) shall be subject to 
     such terms and conditions as the Secretary may require.
       (d) Equal Value Exchange.--
       (1)  In general.--The value of the Federal land and non-
     Federal land to be exchanged under this section--
       (A) shall be equal; or
       (B) shall be made equal in accordance with paragraph (2).
       (2) Equalization.--
       (A) Surplus of federal land.--If the value of the Federal 
     land exceeds the value of the non-Federal land, the value of 
     the Federal land and non-Federal land shall be equalized, as 
     determined to be appropriate and acceptable by the Secretary 
     and the landowner--
       (i) by reducing the acreage of the Federal land to be 
     conveyed; or
       (ii) by adding additional State land to the non-Federal 
     land to be conveyed.
       (B) Surplus of non-federal 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.
       (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 this section 
     be completed 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 this section, the non-Federal land 
     shall--
       (1) become part of the wilderness areas; and
       (2) be managed in accordance with--
       (A) this Act;
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (C) any other applicable law.
                                 ______