[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5795-S5798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6264. Mr. WYDEN (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1077. MALHEUR COUNTY, OREGON, GRAZING MANAGEMENT.
(a) Definitions.--In this section:
(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, 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 subparagraphs (B) through (E) of
subsection (e)(2).
(7) Malheur ceo group.--The term ``Malheur CEO Group''
means the Malheur Community Empowerment for Owyhee Group
established under subsection (c)(1).
(8) Operational flexibility.--The term ``operational
flexibility'', with respect to grazing on the Federal land,
means any approved seasonal adjustments of livestock
positioning for the purposes of that grazing pursuant to a
flexible grazing use authorized under the program.
(9) Program.--The term ``program'' means the Malheur County
Grazing Management Program authorized under subsection
(b)(1).
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--The term ``State'' means the State of Oregon.
(b) Malheur County Grazing Management Program.--
(1) 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.
(2) Permit operational flexibility.--
(A) Flexible grazing use alternative for a grazing permit
or lease.--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.
(B) Interim flexible grazing use for a grazing permit or
lease.--For purposes of using operational flexibility pending
the renewal of a grazing permit or lease under the program,
the Bureau may authorize temporary changes in livestock
grazing use in accordance with applicable laws (including
regulations) after providing notice to the applicable
individuals and entities described in subparagraph (C).
(C) Consultation.--The Secretary shall develop alternatives
under subparagraph (A) in consultation with--
(i) the applicable grazing permittee or lessee;
(ii) affected Federal and State agencies;
(iii) the Malheur CEO Group;
(iv) other landowners in the affected allotment; and
(v) interested members of the public.
(D) Monitoring plans.--
(i) In general.--The Secretary shall develop cooperative
rangeland monitoring plans and rangeland health objectives to
apply to actions taken under subparagraph (A) or (B) and to
improve 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
subparagraph (C).
(ii) Requirements.--A monitoring plan developed under
clause (i) shall--
(I) identify situations in which providing operational
flexibility in grazing permit or lease uses is appropriate to
improve long-term ecological health of the Federal land;
(II) identify ways in which progress would be measured
toward long-term ecological health of the Federal land;
(III) include--
(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
operational flexibility in grazing permit or lease uses under
the program.
(E) Terms and conditions.--
(i) Preferred alternative.--If the Secretary determines
that an alternative considered under the program that
provides operational flexibility is the preferred
alternative, the Secretary shall incorporate the alternative,
including applicable monitoring plans developed under
subparagraph (D), into the terms and conditions of the
applicable grazing permit or lease.
(ii) 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 clause (i), the grazing permittee or
lessee shall notify the Secretary in writing of the proposed
adjustment.
(iii) Additional requirements.--The Secretary may include
any other requirements in a permit or lease with respect to
which an alternative has been incorporated under clause (i)
that the Secretary determines to be necessary.
(3) Review; termination.--
(A) Review.--
(i) In general.--Subject to clause (ii), 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.
(ii) No effect on program permits and leases.--The review
of the program under clause (i) shall not affect the
existence, renewal, or termination of a grazing permit or
lease entered into under the program.
(B) Termination.--If, based on the review conducted under
subparagraph (A), 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--
(i) modify the program in a manner to ensure that the
objectives of the program would be met; or
(ii) terminate the program.
(4) No effect on grazing rights or privileges.--Nothing in
this section--
(A) 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
(B) requires the Secretary to consider modifying or
terminating the classification
[[Page S5796]]
of any existing grazing district on the Federal land in any
subsequent plan or decision of the Secretary.
(c) Malheur Community Empowerment for Owyhee Group.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory group, to be known as the ``Malheur Community
Empowerment for Owyhee Group''--
(A) to provide to the Secretary advice and recommendations
relating to the implementation of actions proposed to be
carried out under this section, including monitoring and
operational flexibility of grazing use of the Federal land;
(B) to be listed as an interested party for pending Bureau
management decisions on the Federal land under this section;
and
(C) to provide advice and recommendations to the State and
the County commissioners on economic development issues
relating to the Federal land under this section.
(2) Membership.--
(A) In general.--The Malheur CEO Group shall consist of--
(i) 8 voting members, to be appointed by the Secretary,
based on recommendations from the Vale District Bureau
manager and the County commissioners, of whom--
(I) 3 shall be representatives of grazing permittees and
lessees in the County;
(II) 3 shall be representatives of other businesses or
conservation or recreation organizations in the County, of
whom at least 2 shall reside in the County;
(III) 1 shall be a representative of the Burns Paiute
Tribe; and
(IV) 1 shall be a representative of the Fort McDermott
Tribe; and
(ii) 4 nonvoting members, to be appointed by the Secretary,
based on recommendations from the Vale District Bureau
manager and the County commissioners, of whom--
(I) 1 shall be a representative of the Bureau Vale
District;
(II) 1 shall be a representative of the United States Fish
and Wildlife Service;
(III) 1 shall be a representative of the State; and
(IV) 1 shall be a representative of the County.
(B) Appointment.--
(i) Initial appointments.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
appoint the initial members of the Malheur CEO Group.
(ii) Terms.--Each member of the Malheur CEO Group shall
serve for a term of 3 years.
(iii) Reappointment.--A member of the Malheur CEO Group may
be reappointed for 1 or more additional 3-year terms.
(iv) Vacancies.--A vacancy on the Malheur CEO Group shall
be filled--
(I) as soon as practicable after the vacancy occurs; and
(II) in the same manner as the original appointment.
(C) Compensation and expenses.--
(i) Compensation.--Members of the Malheur CEO Group shall
serve without compensation.
(ii) Travel expenses.--Each member of the Malheur CEO Group
shall receive from the Secretary travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(D) Chairperson.--A chairperson shall be elected by a
majority of the voting members of the Malheur CEO Group.
(E) Secretary.--The representative from the Bureau Vale
District appointed under subparagraph (A)(ii)(I) shall be--
(i) the secretary and recordkeeper for the Malheur CEO
Group; and
(ii) responsible for convening meetings of the Malheur CEO
Group.
(3) Duties.--
(A) In general.--The Malheur CEO Group shall--
(i) review any program project proposed to the Bureau by--
(I) a member of the Malheur CEO Group;
(II) a grazing permittee or lessee on the Federal land; or
(III) any other member of the public;
(ii) subject to subparagraph (B), propose program projects
and funding recommendations to the Secretary under this
subsection;
(iii) cooperate with appropriate officials of land
management agencies in the County in recommending program
projects consistent with purposes of this subsection;
(iv) review program monitoring data and, in accordance with
this paragraph, recommend program project modifications, if
appropriate; and
(v) provide frequent opportunities for citizens,
organizations, Indian Tribes, land management agencies, and
other interested parties to participate openly and
meaningfully in program project development and
implementation.
(B) Projects proposed to secretary.--The Malheur CEO Group
may propose a program project to the Secretary if the program
project has been approved by a majority of the members voting
at an official meeting of the Malheur CEO Group.
(4) Meetings.--
(A) In general.--A quorum is required for an official
meeting of the Malheur CEO Group.
(B) Biannual meetings.--The Malheur CEO Group shall hold
official meetings not less frequently than biannually.
(C) Virtual meetings.--An official meeting of the Malheur
CEO Group may be held virtually.
(D) Quorum.--A quorum of the Malheur CEO Group shall
consist of a majority of the members of the Malheur CEO Group
participating in person or virtually.
(E) Open meetings.--Each meeting of the Malheur CEO Group
shall--
(i) not later than the date that is 1 week before the date
of the meeting, be announced--
(I) on the public website of the Bureau; and
(II) in a local newspaper of record, as determined by the
Secretary; and
(ii) be held open to the public.
(F) Records.--The secretary of the Malheur CEO Group
described in paragraph (2)(E) shall--
(i) maintain records of each official meeting of the
Malheur CEO Group; and
(ii) make the records maintained under clause (i) available
for public inspection.
(5) Bylaws.--
(A) In general.--The members of the Malheur CEO Group shall
establish bylaws for the Malheur CEO Group.
(B) Requirement.--Bylaws may be established under
subparagraph (A) on approval by a majority of the members of
the Malheur CEO Group.
(6) Consultation.--During any period in which the program
and the Malheur CEO Group are in existence, the Secretary
shall consult with the Malheur CEO Group--
(A) not less frequently than once every 60 days; or
(B) as otherwise agreed to by--
(i) the Secretary; and
(ii) the Malheur CEO Group.
(7) FACA applicability.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Malheur CEO Group.
(8) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
the Secretary to carry out this subsection $51,000 for each
of fiscal years 2023 through 2027.
(B) Administrative costs.--Of the amounts made available
under subparagraph (A), not more than 10 percent may be used
for administrative costs relating to the Malheur CEO Group.
(d) Land Designations.--
(1) Definitions.--In this subsection:
(A) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Malheur County'' and dated November 6,
2019.
(B) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by paragraph (2)(A).
(2) Designation of wilderness areas.--
(A) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the
County comprising approximately 1,133,841 acres, as generally
depicted on the Map, is designated as wilderness and as
components of the National Wilderness Preservation System:
(i) 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''.
(ii) 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''.
(iii) 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''.
(iv) 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''.
(v) 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''.
(vi) 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''.
(vii) 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''.
(viii) 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''.
(ix) 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''.
(x) 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''.
(xi) 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''.
(xii) 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''.
(xiii) 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''.
[[Page S5797]]
(xiv) 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''.
(xv) 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''.
(xvi) 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''.
(xvii) 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''.
(xviii) 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''.
(xix) 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''.
(xx) 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''.
(xxi) 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''.
(xxii) Honeycombs wilderness.--Certain Federal land,
comprising approximately 40,099 acres, as generally depicted
on the Map, which shall be known as the ``Honeycombs
Wilderness''.
(xxiii) 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''.
(xxiv) 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''.
(xxv) 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''.
(xxvi) 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''.
(xxvii) 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''.
(xxviii) Castle rock wilderness.--Certain Federal land,
comprising approximately 6,151 acres, as generally depicted
on the Map, which shall be known as the ``Castle Rock
Wilderness''.
(xxix) West fork bendire wilderness.--Certain Federal land,
comprising approximately 10,519 acres, as generally depicted
on the Map, which shall be known as the ``West Fork Bendire
Wilderness''.
(xxx) Beaver dam creek wilderness.--Certain Federal land,
comprising approximately 19,080 acres, as generally depicted
on the Map, which shall be known as the ``Beaver Dam Creek
Wilderness''.
(B) Maps and legal descriptions.--
(i) 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.
(ii) Effect.--Each map and legal description prepared under
clause (i) shall have the same force and effect as if
included in this section, except that the Secretary may
correct clerical and typographical errors in the map or legal
description.
(iii) Public availability.--The maps and legal descriptions
prepared under clause (i) shall be on file and available for
public inspection in the appropriate offices of the Bureau.
(C) Management.--
(i) 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.
(ii) 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).
(iii) Fire management and related activities.--The
Secretary may carry out any activities in the wilderness
areas that the Secretary determines to be necessary for the
control of fire, insects, and diseases, in accordance with--
(I) section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)); and
(II) the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying H.R.
1437 of the 98th Congress (House Report 98-40).
(iv) Roads adjacent to wilderness areas.--Nothing in this
section requires the closure of any adjacent road outside the
boundary of a wilderness area.
(3) Management of land not designated as wilderness.--
(A) Release of wilderness study area.--
(i) 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, as depicted on the
Map, on the date of enactment of this Act that is not
designated as wilderness by paragraph (2)(A) has been
adequately studied for wilderness designation.
(ii) Release.--Except as provided in subparagraph (B), the
land described in clause (i)--
(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).
(B) 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 paragraph (2)(A) 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).
(e) Economic Development.--
(1) Definition of map.--In this subsection, the term
``Map'' means the map entitled ``Lake Owyhee, Succor Creek,
Birch Creek, and Three Forks Scenic Loops'' and dated
November 6, 2019.
(2) Loop roads requirements.--
(A) In general.--The Secretary, in coordination with the
County, shall work with Travel Oregon to establish the loop
roads.
(B) Owyhee dam road.--
(i) Safety upgrades.--
(I) In general.--The Secretary 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 subclause (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 clause, 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--
(aa) the State;
(bb) the County; and
(cc) each affected County road district.
(ii) Authorization of appropriations.--In addition to
amounts made available under paragraph (6)(A), there is
authorized to be appropriated to the Secretary to carry out
clause (i) $6,000,000.
(C) Succor creek scenic loop.--The Secretary shall work
with the County on a plan to improve the Succor Creek Scenic
Loop, as generally depicted on the Map, to accommodate
visitors and residents.
(D) Birch creek scenic loop.--The Secretary shall work with
the County on a plan to improve the Birch Creek Scenic Loop,
as generally depicted on the Map, to accommodate visitors and
residents.
(E) Three forks scenic loop.--The Secretary shall work with
the County on a plan to improve the Three Forks Scenic Loop,
as generally depicted on the Map--
(i) to accommodate visitors and residents; and
(ii) to provide a connection to the Idaho Scenic Byway.
(3) Improvements to state parks and other amenities.--Not
later than 180 days after the date of enactment of this Act--
(A) 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--
(i) the establishment of not more than 2 marinas on the
Owyhee Reservoir;
(ii) improvements to existing Oregon State Parks bordering
the Owyhee Reservoir;
(iii) the establishment of a network of hostelries in the
County using former hotels and bunkhouses that are not
currently in use;
(iv) improvements to private camps on the shore of the
Owyhee Reservoir;
(v) the establishment of a dude ranch at Birch Creek; and
(vi) any other economic development proposals for the
Owyhee Reservoir or the County; and
[[Page S5798]]
(B) the Secretary 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''.
(4) Gateway to the oregon owyhee.--Not later than 1 year
after the date of enactment of this Act, the Secretary, 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''.
(5) Jordan valley airstrip improvements to support
firefighting efforts.--
(A) In general.--The Secretary shall work with firefighting
entities in the County to determine--
(i) the need for the use of the Jordan Valley Airstrip to
support firefighting efforts; and
(ii) the conditions under which the Jordan Valley Airstrip
may be used to support firefighting efforts.
(B) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Malheur CEO Group a report describing the need and conditions
described in clauses (i) and (ii) of subparagraph (A),
including methods by which to meet those conditions.
(6) Authorization of appropriations.--There are authorized
to be appropriated for fiscal year 2023--
(A) to the Secretary--
(i) to carry out paragraph (2), $2,000,000;
(ii) to carry out paragraph (3)(B), $2,000,000;
(iii) to carry out paragraph (4), $500,000; and
(iv) to carry out paragraph (5), $500,000; and
(B) to the Commissioner to carry out paragraph (3)(A),
$1,000,000.
(f) Land Conveyance to Burns Paiute Tribe.--
(1) Conveyance and taking into trust.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall--
(A) transfer to the Burns Paiute Tribe all right, title,
and interest in and to the land in the State described in
paragraph (2) for the purpose of protecting and conserving
cultural and natural values and to be part of the reservation
of the Burns Paiute Tribe; and
(B) take the land transferred under subparagraph (A) into
trust for the benefit 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 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.
(ii) T. 20 S., R. 39 E., secs. 25-36.
(iii) T. 20 S., R. 40 E., secs. 30, 31, and 32.
(iv) T. 21 S., R. 39 E., secs. 1-18, 20-29, and 32-36.
(v) T. 21 S., R. 40 E., secs. 5-8, 17-19, 30, and 31.
(vi) T. 22 S., R. 39 E., secs. 1-5, 8, and 9.
(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.
(ii) T 20 S., R. 40 E., secs. 19, 30, 31, and 32.
(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.
(g) 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 subsection (f)--
(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.
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