[Congressional Record Volume 170, Number 190 (Friday, December 20, 2024)]
[Senate]
[Pages S7288-S7297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WYOMING PUBLIC LANDS INITIATIVE ACT OF 2023
______
MALHEUR COMMUNITY EMPOWERMENT FOR THE OWYHEE ACT
Mr. BARRASSO. Mr. President, as if in legislative session, I ask
unanimous consent that the Senate proceed to the en bloc consideration
of the following bills: Calendar No. 422, which is S. 1348, and
Calendar No. 501, which is S. 1890.
There being no objection, the Senate proceeded to consider the bills
en bloc, which had been reported from the Committee on Energy and
Natural Resources, with amendments to strike all after the enacting
clause and insert in lieu thereof the following:
S. 1348
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wyoming Public Lands
Initiative Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) Range improvement.--The term ``range improvement'' has
the meaning given the term in section 3 of the Public
Rangelands Improvement Act of 1978 (43 U.S.C. 1902).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Wyoming.
(5) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 3.
[[Page S7289]]
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as
wilderness and as components of the National Wilderness
Preservation System:
(1) Encampment river canyon wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 4,523.84 acres,
as generally depicted on the map entitled ``Proposed
Encampment River Wilderness'' and dated December 5, 2023,
which shall be known as the ``Encampment River Canyon
Wilderness''.
(B) Excluded land.--The following land is not included in
the Encampment River Canyon Wilderness:
(i) Any land in the NW\1/4\NW\1/4\NW\1/4\ sec. 24, T. 14
N., R. 84 W.
(ii) Any land within 100 feet of the centerline of--
(I) County Road 353; or
(II) Water Valley Road.
(2) Prospect mountain wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 1,099.76 acres,
as generally depicted on the map entitled ``Proposed Prospect
Mountain Wilderness'' and dated December 8, 2023, which shall
be known as the ``Prospect Mountain Wilderness''.
(B) Excluded land.--Any land within 100 feet of the
centerline of Prospect Road is not included in the Prospect
Mountain Wilderness.
(3) Upper sweetwater canyon wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 2,877.35 acres,
as generally depicted on the map entitled ``Proposed Upper
Sweetwater Canyon Wilderness'' and dated December 6, 2023,
which shall be known as the ``Upper Sweetwater Canyon
Wilderness''.
(B) Boundary.--
(i) In general.--Except as provided in clause (ii), the
boundary of the Upper Sweetwater Canyon Wilderness shall
conform to the boundary of the Sweetwater Canyon Wilderness
Study Area.
(ii) Eastern boundary.--The eastern boundary of the Upper
Sweetwater Canyon Wilderness shall be 100 feet from the
western edge of the north-south road bisecting the Upper
Sweetwater Canyon Wilderness and the Lower Sweetwater Canyon
Wilderness, known as ``Strawberry Creek Road''.
(iii) Exclusion of existing roads.--Any established legal
route with authorized motorized use in existence on the date
of enactment of this Act that enters the Upper Sweetwater
Canyon Wilderness in T. 28 N., R. 98 W., sec. 4, or the Lower
Sweetwater Canyon Wilderness in T. 29 N., R. 97 W., sec. 33,
is not included in the Upper Sweetwater Canyon Wilderness.
(4) Lower sweetwater canyon wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 5,665.19 acres,
as generally depicted on the map entitled ``Lower Sweetwater
Canyon Wilderness'' and dated December 5, 2023, which shall
be known as the ``Lower Sweetwater Canyon Wilderness''.
(B) Boundary.--
(i) In general.--Except as provided in clause (ii), the
boundary of the Lower Sweetwater Canyon Wilderness shall
conform to the boundary of the Sweetwater Canyon Wilderness
Study Area.
(ii) Western boundary.--The western boundary of the Lower
Sweetwater Canyon Wilderness shall be 100 feet from the
eastern edge of the north-south road bisecting the Upper
Sweetwater Canyon Wilderness and the Lower Sweetwater Canyon
Wilderness, known as ``Strawberry Creek Road''.
(iii) Exclusion of existing roads.--Any established legal
route with authorized motorized use in existence on the date
of enactment of this Act that enters the Upper Sweetwater
Canyon Wilderness in T. 29 N., R. 98 W., sec. 4, or the Lower
Sweetwater Canyon Wilderness in T. 29 N., R. 97 W., sec. 33,
is not included in the Lower Sweetwater Canyon Wilderness.
(5) Bobcat draw wilderness.--Certain Federal land
administered by the Bureau in the State, comprising
approximately 6,246.84 acres, as generally depicted on the
map entitled ``Proposed Bobcat Draw Wilderness'' and dated
December 8, 2023, which shall be known as the ``Bobcat Draw
Wilderness''.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, the
Secretary shall administer the wilderness areas in accordance
with this section and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) 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
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may carry out any activities
in a wilderness area as are necessary for the control of
fire, insects, or disease in accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(2) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate with--
(A) the Wyoming Forestry Division; and
(B) the applicable county in the State in which the
wilderness area is located.
(3) Fire management plan.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
establish a fire management plan for the wilderness areas--
(A) to ensure the timely and efficient control of fires,
diseases, and insects in the wilderness areas, in accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)); and
(B) to provide, to the maximum extent practicable, adequate
protection from forest fires, disease outbreaks, and insect
infestations to any Federal, State, or private land adjacent
to the wilderness areas.
(c) Grazing.--The grazing of livestock in a wilderness
area, if established before the date of enactment of this
Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress, for
land under the jurisdiction of the Secretary of the Interior.
(d) Buffer Zones.--
(1) In general.--Nothing in this section establishes a
protective perimeter or buffer zone around a wilderness area.
(2) Outside activities or uses.--The fact that a
nonwilderness activity or use can be seen or heard from
within a wilderness area shall not preclude the activity or
use outside the boundary of the wilderness area.
SEC. 5. 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)), any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area by section 3 has been adequately studied for
wilderness designation.
(b) Description of Land.--The wilderness study areas
referred to in subsections (a) and (c) are the following:
(1) The Encampment River Canyon Wilderness Study Area.
(2) The Prospect Mountain Wilderness Study Area.
(3) The Bennett Mountains Wilderness Study Area.
(4) The Sweetwater Canyon Wilderness Study Area.
(5) The Lankin Dome Wilderness Study Area.
(6) The Split Rock Wilderness Study Area.
(7) The Savage Peak Wilderness Study Area.
(8) The Miller Springs Wilderness Study Area.
(9) The Dubois Badlands Wilderness Study Area.
(10) The Copper Mountain Wilderness Study Area.
(11) The Whiskey Mountain Wilderness Study Area.
(12) The Fortification Creek Wilderness Study Area.
(13) The Gardner Mountain Wilderness Study Area.
(14) The North Fork Wilderness Study Area.
(15) The portion of the Bobcat Draw Wilderness Study Area
located in Washakie County, Wyoming.
(16) The Cedar Mountain Wilderness Study Area.
(17) The Honeycombs Wilderness Study Area.
(c) Release.--Any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area by section 3 is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
(d) Management of Released Land.--
(1) In general.--The Secretary shall manage the portions of
the wilderness study areas released under subsection (c) in
accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) applicable land management plans;
(C) applicable management provisions under paragraph (2);
and
(D) any other applicable law.
(2) Specific management provisions.--
(A) Bennett mountains wilderness study area.--The Secretary
shall manage the portion of the Bennett Mountains Wilderness
Study Area released under subsection (c) in accordance with
section 8(a).
(B) Dubois badlands wilderness study area.--
(i) Division.--The Secretary shall divide the land within
the Dubois Badlands Wilderness Study Area by authorizing the
installation of a fence or the repair or relocation of an
existing fence in T. 41 N., R. 106 W., sec. 5, that--
(I) follows existing infrastructure and natural barriers;
(II) begins at an intersection with North Mountain View
Road in the NE\1/4\NW\1/4\ sec. 5, T. 41 N., R. 106 W.;
(III) from the point described in subclause (II), proceeds
southeast to a point near the midpoint of the NE\1/4\ sec. 5,
T. 41 N., R. 106 W.; and
(IV) from the point described in subclause (III), proceeds
southwest to a point in the SW\1/4\NE\1/4\ sec. 5, T. 41 N.,
R. 106 W., that intersects with the boundary of the Dubois
Badlands Wilderness Study Area.
(ii) Management.--The Secretary shall manage the portion of
the Dubois Badlands Wilderness Study Area released under
subsection (c) in accordance with--
(I) paragraph (1); and
(II) sections 6 and 7.
(C) Copper mountain wilderness study area.--
(i) In general.--The Secretary shall manage the portion of
the Copper Mountain Wilderness Study Area released under
subsection (c) in accordance with paragraph (1).
(ii) Mineral leasing.--
(I) In general.--The Secretary may lease oil and gas
resources within the land released from the Copper Mountain
Wilderness Study Area under subsection (c) if--
(aa) the lease may only be accessed by directional drilling
from a lease that is outside of the land released from the
Copper Mountain Wilderness Study Area; and
(bb) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance on the land
released from the Copper Mountain Wilderness Study Area for
any activities, including activities relating to exploration,
development, or production.
[[Page S7290]]
(II) Underground rights-of-way.--The Secretary may grant
underground rights-of-way for any mineral lease entered into
under subclause (I).
(III) Prohibition of certain leases.--Subject to valid
rights in existence on the date of enactment of this Act, the
Secretary shall not issue a new lease for a wind or solar
project, an overhead transmission line, or a communication
tower on the land released from the Copper Mountain
Wilderness Study Area under subsection (c).
(IV) Authority to exchange land.--In carrying out any land
exchange involving any of the land released from the Copper
Mountain Wilderness Study Area under subsection (c), the
Secretary shall ensure that the exchange does not result in a
net loss of Federal land.
(D) Whiskey mountain wilderness study area.--The Secretary
shall manage the portion of the Whiskey Mountain Wilderness
Study Area released under subsection (c) in accordance with--
(i) paragraph (1); and
(ii) the Whiskey Mountain Cooperative Agreement between the
Wyoming Game and Fish Commission, the Forest Service, and the
Bureau, including any amendment to that agreement relating to
the management of bighorn sheep.
(E) Bobcat draw wilderness study area.--
(i) Travel management plan.--
(I) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a travel
management plan for the land released from the Bobcat Draw
Wilderness Study Area under subsection (c).
(II) Requirements.--The travel management plan under
subclause (I) shall--
(aa) identify all existing roads and trails on the land
released from the Bobcat Draw Wilderness Study Area under
subsection (c);
(bb) designate each road or trail available for--
(AA) motorized or mechanized recreation; or
(BB) agriculture practices;
(cc) prohibit the construction of any new road or trail for
motorized or mechanized recreation use; and
(dd) permit the continued use of nonmotorized trails.
(ii) Withdrawal.--
(I) In general.--Except as provided in subclause (II),
subject to valid rights in existence on the date of enactment
of this Act, the land released from the Bobcat Draw
Wilderness Study Area under subsection (c) is withdrawn
from--
(aa) all forms of appropriation or disposal under the
public land laws;
(bb) location, entry, and patent under the mining laws; and
(cc) disposition under laws relating to mineral and
geothermal leasing.
(II) Exception.--The Secretary may lease oil and gas
resources within the land released from the Bobcat Draw
Wilderness Study Area under subsection (c) if--
(aa) the lease may only be accessed by directional drilling
from a lease that is outside of the land released from the
Bobcat Draw Wilderness Study Area; and
(bb) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance on the land
released from the Bobcat Draw Wilderness Study Area for any
activities, including activities related to exploration,
development, or production.
SEC. 6. ESTABLISHMENT OF DUBOIS BADLANDS NATIONAL
CONSERVATION AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Dubois Badlands National Conservation Area
(referred to in this section as the ``Conservation Area''),
comprising approximately 4,446.46 acres of Federal land
administered by the Bureau in the State, as generally
depicted on the map entitled ``Proposed Badlands National
Conservation Area'' and dated November 15, 2023.
(b) Purpose.--The purpose of the Conservation Area is to
conserve, protect, and enhance for the benefit and enjoyment
of present and future generations the ecological, wildlife,
recreational, scenic, cultural, historical, and natural
resources of the Area.
(c) Management.--Subject to valid rights in existence on
the date of enactment of this Act, the Secretary shall manage
the Conservation Area--
(1) in a manner that only allows uses of the Conservation
Area that the Secretary determines would further the purpose
of the Conservation Area described in subsection (b); and
(2) in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law.
(d) Motorized Vehicles.--
(1) In general.--The use of motorized vehicles in the
Conservation Area shall be permitted only on existing roads,
trails, and areas designated by the Secretary for use by such
vehicles as of the date of enactment of this Act.
(2) Exceptions.--The Secretary may allow the use of
motorized vehicles in the Conservation Area as needed for
administrative purposes and emergency response.
(e) Grazing.--Grazing of livestock in the Conservation Area
shall be administered in accordance with the laws generally
applicable to land under the jurisdiction of the Bureau.
(f) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the land within the
boundaries of the Conservation Area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 7. ESTABLISHMENT OF DUBOIS MOTORIZED RECREATION AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Dubois Motorized Recreation Area (referred
to in this section as the ``Recreation Area''), comprising
approximately 367.72 acres of Federal land administered by
the Bureau in the State, as generally depicted on the map
entitled ``Proposed Dubois Motorized Recreation Area'' and
dated November 15, 2023.
(b) Management.--
(1) Boundary fence.--The Secretary shall authorize the
construction of a fence along the western boundary of the
Recreation Area on any Federal land that--
(A) is managed by the Bureau; and
(B) is west of North Mountain View Road.
(2) Travel management plan.--As soon as practicable after
the date of completion of the fence described in paragraph
(1), the Secretary shall establish a travel management plan
for the Recreation Area that efficiently coordinates the use
of motorized off-road vehicles in the Recreation Area.
SEC. 8. ESTABLISHMENT OF SPECIAL MANAGEMENT AREAS.
(a) Bennet Mountains Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Bennett Mountains Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 6,165.05 acres of Federal
land in the State administered by the Bureau, as generally
depicted on the map entitled ``Proposed Bennet Mountains
Special Management Area'' and dated November 15, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, and recreational,
values of the area.
(4) Management.--
(A) In general.--The Secretary shall manage the Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for the Special Management
Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to land under the jurisdiction of
the Bureau.
(D) Timber harvesting.--Commercial timber harvesting shall
not be allowed in the Special Management Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Area is withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of the Special Management
Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
(b) Black Cat Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Black Cat Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 1,178 acres of Federal land
in Carbon County, Wyoming, as generally depicted on the map
entitled ``Black Cat Special Management Area'' and dated
November 13, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary of Agriculture.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, and recreational
values of the area.
(4) Management.--
(A) In general.--The Secretary of Agriculture shall manage
the Special Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to National Forest System land;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
[[Page S7291]]
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary of
Agriculture shall establish a travel management plan for the
Special Management Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to grazing on National Forest
System land.
(D) Timber harvesting.--Commercial timber harvesting shall
not be allowed in the Special Management Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Area is withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may, with the approval of the
Secretary of Agriculture, lease oil and gas resources within
the boundaries of the Special Management Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
(c) Sweetwater Rocks Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Sweetwater Rocks Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 34,347.79 acres of Federal
land in Fremont and Natrona Counties, Wyoming, as generally
depicted on the map entitled ``Proposed Sweetwater Rocks
Special Management Area'' and dated November 15, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, and recreational,
values of the area.
(4) Management.--
(A) In general.--The Secretary shall manage the Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for the Special Management
Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to the Bureau.
(D) Prohibition of certain overhead towers.--No new
overhead transmission or communications tower shall be
constructed in the Special Management Area.
(E) Land exchanges.--The Secretary may propose to, and
carry out with, an individual or entity owning land in the
vicinity of the Special Management Area any land exchange
that--
(i) increases access to the Special Management Area; and
(ii) does not result in a net loss of Federal land.
(F) Underground rights-of-way.--Notwithstanding paragraph
(5), the Secretary may expand any underground right-of-way in
the Special Management Area that exists as of the date of
enactment of this Act.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Area is withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of the Special Management
Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
(C) Wind and solar energy withdrawal.--Subject to valid
rights in existence on the date of enactment of this Act, the
land within the boundaries of the Special Management Area is
withdrawn from right-of-way leasing and disposition under
laws relating to wind or solar energy.
(d) Fortification Creek Special Management Area; Fraker
Mountain Special Management Area; North Fork Special
Management Area.--
(1) Definition of special management area.--In this
subsection, the term ``Special Management Area'' means a
special management area established by paragraph (2).
(2) Establishment of special management areas.--Subject to
valid existing rights there are established the following:
(A) The Fortification Creek Special Management Area,
comprising approximately 12,520.69 acres of Federal land
administered in the State by the Bureau, as generally
depicted on the map entitled ``Proposed Fortification Creek
Management Area'' and dated November 15, 2023.
(B) The Fraker Mountain Special Management Area, comprising
approximately 6,248.28 acres of Federal land administered in
the State by the Bureau, as generally depicted on the map
entitled ``Proposed Fraker Mountain Management Area'' and
dated November 15, 2023.
(C) The North Fork Special Management Area, comprising
approximately 10,026.15 acres of Federal land administered in
the State by the Bureau, as generally depicted on the map
entitled ``Proposed North Fork Management Area'' and dated
November 15, 2023.
(3) Administration.--The Special Management Areas shall be
administered by the Secretary.
(4) Purpose.--The purpose of a Special Management Area is
to enhance the natural, historic, scenic, recreational,
wildlife habitat, forest health, watershed protection, and
ecological and cultural values of the area.
(5) Management.--
(A) In general.--The Secretary shall manage each Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(4); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in a
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in a Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for each Special
Management Area.
(C) Grazing.--Grazing of livestock in a Special Management
Area shall be administered in accordance with the laws
generally applicable to land under the jurisdiction of the
Bureau.
(D) Prohibition of certain infrastructure.--The
development, construction, or installation of infrastructure
for recreational use shall not be allowed in--
(i) the Fraker Mountain Special Management Area; or
(ii) the North Fork Special Management Area.
(6) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Areas are withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of a Special Management Area
if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
(e) Cedar Mountain Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Cedar Mountain Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 20,745.73 acres of Federal
land in the State administered by the Bureau, as generally
depicted on the map entitled ``Proposed Cedar Mountain
Special Management Area'' and dated November 15, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, recreational,
ecological, wildlife, and livestock production values of the
area.
(4) Management.--
(A) In general.--The Secretary shall manage the Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
[[Page S7292]]
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for the Special Management
Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to land under the jurisdiction of
the Bureau.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights, the
Special Management Area is withdrawn from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of the Special Management
Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
SEC. 9. LANDER SLOPE AREA OF CRITICAL ENVIRONMENTAL CONCERN
AND RED CANYON AREA OF CRITICAL ENVIRONMENTAL
CONCERN.
(a) Definition of County.--In this section, the term
``County'' means Fremont County, Wyoming.
(b) Lander Slope Area of Critical Environmental Concern and
Red Canyon Area of Critical Environmental Concern.--
(1) Transfers.--The Secretary shall pursue transfers in
which land managed by the Bureau in the County is exchanged
for land owned by the State that is within the boundaries
of--
(A) the Lander Slope Area of Critical Environmental
Concern; or
(B) the Red Canyon Area of Critical Environmental Concern.
(2) Requirements.--A transfer under paragraph (1) shall--
(A) comply with all requirements of law, including any
required analysis; and
(B) be subject to appropriation.
(c) Study.--
(1) In general.--The Secretary shall carry out a study to
evaluate the potential for the development of special
motorized recreation areas in the County.
(2) Requirements.--The study under paragraph (1) shall
evaluate--
(A) the potential for the development of special motorized
recreation areas on all land managed by the Bureau in the
County except--
(i) any land in T. 40 N., R. 94 W., secs. 15, 17, 18, 19,
20, 21, 22, 27, 28, 29, and the N\1/2\ sec. 34; and
(ii) any land that is subject to a restriction on the use
of off-road vehicles under any Federal law, including this
Act;
(B) the suitability of the land evaluated under
subparagraph (A) for off-road vehicles, including rock
crawlers; and
(C) the parking, staging, and camping necessary to
accommodate special motorized recreation.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report describing the findings of the study
under paragraph (1).
(d) Fremont County Implementation Team.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
team, to be known as the ``Fremont County Implementation
Team'' (referred to in this subsection as the ``Team'') to
advise and assist the Secretary with respect to the
implementation of the management requirements described in
this section that are applicable to land in the County.
(2) Membership.--The Team shall consist of--
(A) the Secretary (or a designee of the Secretary); and
(B) 1 or more individuals appointed by the Board of County
Commissioners of the County.
(3) Nonapplicability of the federal advisory committee
act.--The Team shall not be subject to the requirements of
chapter 10 of title 5, United States Code (commonly referred
to as the ``Federal Advisory Committee Act'').
SEC. 10. STUDY OF LAND IN HOT SPRINGS AND WASHAKIE COUNTIES.
(a) Definition of Counties.--In this section, the term
``Counties'' means each of the following counties in the
State:
(1) Hot Springs County.
(2) Washakie County.
(b) Study.--
(1) In general.--The Secretary shall carry out a study to
evaluate the potential for the development of new special
motorized recreation areas in the Counties.
(2) Requirements.--
(A) Land included.--The study under paragraph (1) shall
evaluate the potential for the development of new special
motorized recreation areas on Federal land managed by the
Bureau in the Counties except any land that is subject to a
restriction on the use of motorized or mechanized vehicles
under any Federal law, including this Act.
(B) Public input; collaboration.--In carrying out the study
under paragraph (1), the Secretary shall--
(i) offer opportunities for public input; and
(ii) collaborate with--
(I) State parks, historic sites, and trails; and
(II) the Counties.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report describing the findings of the study
under paragraph (1).
S. 1890
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Malheur Community
Empowerment for the Owyhee Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) 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 4(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 3(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Oregon.
SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.
(a) In General.--The Secretary may carry out a grazing
management program on the Federal land, to be known as the
``Malheur County Grazing Management Program'', in accordance
with 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
[[Page S7293]]
(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 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 Act--
(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. 4. 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.
[[Page S7294]]
(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;
(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 2024 through 2034.
(2) Maintenance and distribution.--Amounts made available
under paragraph (1) shall be maintained and distributed by
the Secretary.
(3) Administrative expenses.--Not more than more than 5
percent of amounts made available under paragraph (1) for a
fiscal year may be used for the administration of this Act.
(4) Grants.--Of the amounts made available under paragraph
(1), not more than 10 percent may be made available for a
fiscal year to provide grants to the Malheur C.E.O. Group.
(j) Effect.--
(1) Existing activities.--The activities of the Malheur
C.E.O. Group shall supplement, 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. 5. 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
[[Page S7295]]
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''.
(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 Act, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(C) Public availability.--The maps and legal descriptions
prepared under subparagraph (A) shall be on file and
available for public inspection in the appropriate offices of
the Bureau.
(3) Management.--
(A) In general.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(i) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(ii) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(B) Grazing.--The Secretary shall allow the continuation of
the grazing of livestock, in the wilderness areas, if
established before the date of enactment of this Act, in
accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(C) Roads adjacent to wilderness areas.--Nothing in this
Act requires the closure of any adjacent road outside the
boundary of a wilderness area.
(D) Fish and wildlife management activities.--
(i) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas, if the
management activities are--
(I) consistent with applicable wilderness management plans;
and
(II) conducted in accordance with appropriate policies,
such as the policies established in Appendix B of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (House Report 101-405).
(ii) Inclusions.--Management activities under clause (i)
may include the occasional and temporary use of motorized
vehicles, if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
while causing the minimum impact necessary to accomplish
those tasks.
(E) Existing activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in
accordance with appropriate policies, such as the policies
established in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (House Report
101-405), the State may use aircraft (including helicopters)
in the wilderness areas to survey capture, transplant,
monitor, and provide water for wildlife populations,
including bighorn sheep and feral stock, feral horses, and
feral burros.
(c) Management of Land Not Designated as Wilderness.--
(1) Release of wilderness study 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. 6. 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 in the Castle Rock Wilderness Study Area,
as depicted
[[Page S7296]]
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.
Mr. BARRASSO. I ask unanimous consent that the committee-reported
substitute amendments be considered and agreed to and that the bills,
as amended, be considered read a third time en bloc.
The committee-reported amendments in the nature of a substitute were
agreed to en bloc.
The bills were ordered to be engrossed for a third reading and were
read the third time.
Mr. BARRASSO. I know of no further debate on the bills, en bloc.
The PRESIDING OFFICER. If there is no further debate on the bills,
the bills having been read the third time, the question is, Shall the
bills pass?
The bills (S. 1348 and S. 1890), as amended, were passed en bloc.
Mr. BARRASSO. I ask unanimous consent that the committee-reported
title amendment to S. 1890 be considered and agreed to; that the title
of S. 1890, as amended, be agreed to; and that the motions to
reconsider with respect to S. 1348 and S. 1890 be considered made and
laid upon the table, all en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported title amendment to S. 1890 was agreed to as
follows:
1Amend the title so as to read: ``A bill to provide for the
establishment of a land health management program on Federal land
in Malheur County, Oregon, and for other purposes.''.
The title of S. 1890, as amended, was agreed to.
Mr. BARRASSO. Mr. President, I want to rise just to spend a couple of
moments discussing a bill that we just passed. It is the Wyoming Public
Lands Initiative. The Senate passed this by unanimous consent.
This legislation is very important to my home State of Wyoming--
something we have been working on for years. The bill would resolve the
management status for thousands of acres of Federal public lands across
7 counties of the 23 counties in my home State of Wyoming.
These acres involve what are known as wilderness study areas. These
are lands managed solely for preservation, even though they are not
included in the National Wilderness Preservation System. The Bureau of
Land Management studies these areas. They study them to determine
whether they should be designated as wilderness lands or if these lands
should be returned to multiple-use status.
Until Congress acts, the Bureau treats all of the land as if it is
wilderness. In other words, these lands currently under study are
closed off to almost every use. For the people of Wyoming who rely on
access to the land to make a living and for recreation, this just
doesn't work.
In 1991--now, here we are in 2024, but in 1991, the Bureau of Land
Management released a report recommending a balanced approach for these
Wyoming wilderness study areas. Specifically, the Bureau of Land
Management recommended that Congress designate some of the lands as
wilderness and release the majority of the lands back to multiple use.
Well, here we are over three decades later, and the lands still
remain in limbo. That is why some of our counties began to work with me
on the Wyoming Public Lands Initiative. I want to thank these Wyoming
county commissioners for their collaboration going back 9 years, back
to 2015.
The bill, which I am proud to sponsor on their behalf, generally
follows the recommendations of the 1991 report. It strikes a balance
between protecting these special places the people in Wyoming love
while expanding the multiple-use areas that our State and local
economies rely upon.
The bill was developed by the people who live near the land and who
will be accessing the land when this bill is enacted. It has been
developed really from the ground up by the people who know the land the
best.
This legislation resolves a decades-old stalemate. The bill is going
to increase conservation. It is going to ensure that other lands can be
unlocked and for uses that are important to the people of Wyoming and
to our economy. I firmly believe the people of Wyoming, not Washington,
should decide how to manage these lands.
So I want to thank my friend and colleague Senator Wyden from the
State of Oregon. We worked closely together. We serve on several
committees together. We live near each other where we stay when we are
in Washington instead of when he is home in Oregon and I am home in
Wyoming. I look forward to continuing to work with him to get these
bills passed into law and through the House in the near future.
As I see my friend and colleague from Oregon on the floor tonight, I
just want to thank him for his years of cooperation and working
together as we have on the Committee on Energy and Natural Resources
and thank him for all of his consideration in allowing us to get this
bill passed tonight.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Mr. President, this is a truly historic moment for my home
State of Oregon because the Owyhees, which are really Oregon's version
of the Grand Canyon, really should have had secured protection years
ago. But, finally, as a result of the bipartisan support that my friend
from Wyoming and I have--working with the incoming chair of the
committee Mike Lee, and the current leadership, we have been able to
pass these important pieces of legislation.
The timing for my home State is really just extraordinary because
just yesterday, the Congressman from rural Oregon, Congressman Bentz
from the Second District, and I put out a joint statement about how
next year we intend to work together and with our constituents to come
up with legislation that our whole State--urban and
[[Page S7297]]
rural--could come together on to protect the ranching way of life in
Malheur County and also our incredible treasures.
Congressman Bentz and I said we would work with our representative
Chambers' leadership to pass the bill into law. Then, overnight, and to
the great excitement of people in our State, due to the ending hours of
Congress, when Members are trying to find some common ground, we have
been able to work with our leadership in the U.S. Senate today, in this
Chamber, to get started on what Congressman Bentz and I told our
constituents yesterday would happen next year.
This did not happen by osmosis. The incoming ranking Senator, Martin
Heinrich, and the incoming chair, Mike Lee, said that my bill, which
cleared the Energy and Natural Resources Committee--S. 1890, the
Malheur Community Empowerment for the Owyhee Act--that they would allow
it to pass the U.S. Senate tonight as an indication of the goodwill
that all parties have pledged for next year.
As the chairman of the committee has noted--in fact, all the chairs,
past and present since I was the chairman of the Energy and Natural
Resources Committee at one point, understand that that is the key to
really making some history in this extraordinarily important committee.
In our conversations with the incoming chairman, Mike Lee, he was
particularly interested in the fact that Congressman Bentz and I are
going to be working together to get this bill in shape so that people
across Oregon will support it.
When he indicated that that was a priority for him, I basically said
that is exactly what we have in mind as Oregonians, what I have in mind
as Oregon's senior Senator.
I am very happy to state tonight publicly to the incoming chair of
the committee, the Senator from Utah, that I intend to work very
closely with Congressman Bentz to make this become law.
So, everybody in Oregon understands, this bill does not become law
tonight, but what its passage does is send a message from the U.S.
Senate that when you get people of goodwill and a willingness to find
common ground, you can make real action happen. The Owyhee legislation
that I have worked on for years with ranchers and hunters and fishers
and environmental folks has now passed the U.S. Senate. That is
something that, after decades of debate about the future of the Owyhee,
nobody thought was going to happen anytime soon. In fact, yesterday
people said: Well, we will have to wait to see what happens. Now the
U.S. Senate has acted and acted, as I say, to protect the ranching way
of life in rural Oregon and also our natural treasures.
I hope that tonight's action will give all parties interested in the
protection of the treasures of the Owyhee and interest in preserving
the ranching way of life, that it should give folks at home the chance
to know that we are going to be in a position in 2025, with the
leadership of the Senate and the House behind this effort, to be in a
position to make this important legislation the law of the land, and
the protection for the Owyhees will be permanent and will be in the
text of black-letter law for all to see.
I yield the floor.
The PRESIDING OFFICER. The Senator from Virginia.
____________________