[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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