[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4642-S4646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2289. Mr. WYDEN (for himself and Mr. Merkley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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 title X, add the following:
Subtitle I--Malheur County Grazing Management Program
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) County.--The term ``County'' means Malheur County,
Oregon.
(3) Federal land.--The term ``Federal land'' means land in
the County managed by the Bureau.
(4) 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.
(5) Malheur c.e.o. group.--The term ``Malheur C.E.O.
Group'' means the group established by section 1098(b).
(6) 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.
(7) Program.--The term ``program'' means the Malheur County
Grazing Management Program authorized under section 1097(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Oregon.
SEC. 1097. 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 applicable law (including regulations) and the
memorandum entitled ``Bureau of Land Management Instruction
Memorandum 2018-109'' (as in effect on September 30, 2021),
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 Fort McDermitt Paiute and
Shoshone Tribes, 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,
allow a variance to the terms and conditions of the existing
applicable grazing permit or lease for the applicable year
due to significant changes in weather, forage production,
effects of fire or drought, or other temporary conditions--
(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 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 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
applicable laws and 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 the date of 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 immediate 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 written notice of
the adjustment to the Bureau and 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
[[Page S4643]]
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 Privileges.--Nothing in this
subtitle--
(1) affects grazing privileges provided under the Act of
June 28, 1934 (commonly known as the ``Taylor Grazing Act'';
43 U.S.C. 315 et seq.);
(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; or
(3) precludes the Secretary from modifying or terminating
an existing permit or lease in accordance with applicable law
(including regulations).
SEC. 1098. MALHEUR C.E.O. GROUP.
(a) Definitions.--In this section:
(1) Consensus.--The term ``consensus'' means a unanimous
agreement by the voting 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 voting members of the Malheur C.E.O. Group.
(b) Establishment.--There is established the Malheur C.E.O.
Group to assist in carrying out this section.
(c) Membership.--
(1) In general.--The Malheur C.E.O. Group shall consist of
18 members, to be appointed in accordance with paragraph (2),
including--
(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 the County;
(II) 1 member resides in the center \1/3\ of the County;
and
(III) 1 member resides in the southern \1/3\ of the 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 and Shoshone Tribes;
(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 shall be appointed by
the applicable represented groups.
(B) Term.--A member of the Malheur C.E.O. Group 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--
(A) that complies with existing law (including
regulations); and
(B) relating to--
(i) ecological restoration, including development,
planning, and implementation;
(ii) range improvements for the purpose of providing more
efficient and effective ecologically beneficial management of
domestic livestock, fish, wildlife, or habitat;
(iii) invasive species management or eradication, including
invasive weeds, vegetation, fish, or wildlife;
(iv) restoration of springs and related water
infrastructure to enhance the availability of sustainable
flows of freshwater for livestock, fish, or wildlife;
(v) conservation of cultural sites;
[[Page S4644]]
(vi) economic development or recreation management; or
(vii) research, monitoring, or analysis.
(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, to the
extent practicable, 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 subsection (d)(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
applicable law 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 2025 through 2035.
(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
subtitle.
(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, and not 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. 1099. LAND DESIGNATIONS.
(a) Definition of Wilderness Area.--In this section, 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 1,102,393 acres, as generally
depicted on the referenced maps, is designated as wilderness
and as components of the National Wilderness Preservation
System:
(A) Fifteenmile creek wilderness.--Certain Federal land,
comprising approximately 61,647 acres, as generally depicted
on the map entitled ``Proposed Wilderness Trout Creek-Oregon
Canyon Group'' and dated December 12, 2023, which shall be
known as the ``Fifteenmile Creek Wilderness''.
(B) Oregon canyon mountains wilderness.--Certain Federal
land, comprising approximately 53,559 acres, as generally
depicted on the map entitled ``Proposed Wilderness Trout
Creek-Oregon Canyon Group'' and dated December 12, 2023,
which shall be known as the ``Oregon Canyon Mountains
Wilderness''.
(C) Twelvemile creek wilderness.--Certain Federal land,
comprising approximately 38,099 acres, as generally depicted
on the map entitled ``Proposed Wilderness Trout Creek-Oregon
Canyon Group'' and dated December 12, 2023, which shall be
known as the ``Twelvemile Creek Wilderness''.
(D) Upper west little owyhee wilderness.--Certain Federal
land, comprising approximately 93,199 acres, as generally
depicted on the map entitled ``Proposed Wilderness Upper
Owyhee'' and dated December 12, 2023, which shall be known as
the ``Upper West Little Owyhee Wilderness''.
(E) Lookout butte wilderness.--Certain Federal land,
comprising approximately 66,242 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Lookout Butte Wilderness''.
(F) Mary gautreaux owyhee river canyon wilderness.--Certain
Federal land, comprising approximately 211,679 acres, as
generally depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall be
known as the ``Mary Gautreaux Owyhee River Canyon
Wilderness''.
(G) Black butte wilderness.--Certain Federal land,
comprising approximately 12,058 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Black
Butte Wilderness''.
(H) Twin butte wilderness.--Certain Federal land,
comprising approximately 18,150 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Twin
Butte Wilderness''.
(I) Oregon butte wilderness.--Certain Federal land,
comprising approximately 31,934 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Oregon
Butte Wilderness''.
(J) Mahogany butte wilderness.--Certain Federal land,
comprising approximately 8,953 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Mahogany Butte Wilderness''.
(K) Deer flat wilderness.--Certain Federal land, comprising
approximately 12,250 acres, as generally depicted on the map
entitled ``Proposed Wilderness Upper Owyhee'' and dated
December 12, 2023, which shall be known as the ``Deer Flat
Wilderness''.
(L) Sacramento hill wilderness.--Certain Federal,
comprising approximately 9,574 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Sacramento Hill Wilderness''.
(M) Deadman butte wilderness.--Certain Federal land,
comprising approximately 7,152 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Deadman Butte Wilderness''.
(N) Big grassey wilderness.--Certain Federal land,
comprising approximately 44,238 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Big
Grassey Wilderness''.
(O) North fork owyhee wilderness.--Certain Federal land,
comprising approximately 5,276 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``North
Fork Owyhee Wilderness''.
(P) Mary gautreaux lower owyhee canyon wilderness.--Certain
Federal land, comprising approximately 77,121 acres, as
generally depicted on the map entitled ``Proposed Wilderness
Lower Owyhee'' and dated December 12, 2023, which shall be
known as the ``Mary Gautreaux Lower Owyhee Canyon
Wilderness''.
(Q) Jordan craters wilderness.--Certain Federal land,
comprising approximately 29,255 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Jordan
Craters Wilderness''.
(R) Owyhee breaks wilderness.--Certain Federal land,
comprising approximately 31,637 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Owyhee
Breaks Wilderness''.
(S) Dry creek wilderness.--Certain Federal land, comprising
approximately 33,209 acres, as generally depicted on the map
entitled ``Proposed Wilderness Lower Owyhee'' and dated
December 12, 2023, which shall be known as the ``Dry Creek
Wilderness''.
(T) Dry creek buttes wilderness.--Certain Federal land,
comprising approximately 88,289 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Dry
Creek Buttes Wilderness''.
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(U) Upper leslie gulch wilderness.--Certain Federal land,
comprising approximately 2,997 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Upper
Leslie Gulch Wilderness''.
(V) Slocum creek wilderness.--Certain Federal land,
comprising approximately 7,534 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Slocum
Creek Wilderness''.
(W) Honeycombs wilderness.--Certain Federal land,
comprising approximately 41,122 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the
``Honeycombs Wilderness''.
(X) Wild horse basin wilderness.--Certain Federal land,
comprising approximately 18,402 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Wild
Horse Basin Wilderness''.
(Y) Quartz mountain wilderness.--Certain Federal land,
comprising approximately 32,943 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Quartz
Mountain Wilderness''.
(Z) The tongue wilderness.--Certain Federal land,
comprising approximately 5,909 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as ``The Tongue
Wilderness''.
(AA) Three fingers rock north wilderness.--Certain Federal
land, comprising approximately 12,462 acres, as generally
depicted on the map entitled ``Proposed Wilderness Lower
Owyhee'' and dated December 12, 2023, which shall be known as
the ``Three Fingers Rock North Wilderness''.
(BB) Burnt mountain wilderness.--Certain Federal land,
comprising approximately 8,115 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Burnt
Mountain Wilderness''.
(CC) Camp creek wilderness.--Certain Federal land,
comprising approximately 72,597 acres, as generally depicted
on the map entitled ``Proposed Wilderness Camp Creek Group''
and dated December 12, 2023, which shall be known as the
``Camp 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 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 subtitle, 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, 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
subtitle 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 areas.--
(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)), the Clarks Butte Wilderness Study Area,
Saddle Butte Wilderness Study Area, and Bowden Hills
Wilderness Study Area have 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. 1099A. 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:
(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'', generally depicted as ``Jonesboro Parcels
(Transfer)'' on the map entitled ``Proposed Wilderness Camp
Creek Group'' and dated December 12, 2023, 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.
(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
[[Page S4646]]
in the Castle Rock Wilderness Study Area, as depicted as
``Lands to be Taken into Trust'' on the map entitled ``Land
into Trust and Co-Stewardship Castle Rock Group'' and dated
December 12, 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
``Tribal Co-Stewardship Area'' on the map entitled ``Land
into Trust and Co-Stewardship Castle Rock Group'' and dated
December 12, 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 2025.
(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.
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