II 

117TH CONGRESS 

2D SESSION S. 4860 

To provide for the establishment of a grazing management program on 

Federal land in Malheur County, Oregon, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2022 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the establishment of a grazing management 

program on Federal land in Malheur County, Oregon, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Malheur Community 

5 Empowerment for the Owyhee Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) BUREAU.—The term ‘‘Bureau’’ means the 

9 Bureau of Land Management. 


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1 (2) COMMISSIONER.—The term ‘‘Commis2 sioner’’ means the Commissioner of Reclamation. 

3 (3) COUNTY.—The term ‘‘County’’ means 

4 Malheur County, Oregon. 

5 (4) FEDERAL LAND.—The term ‘‘Federal land’’ 

6 means land in the County managed by the Bureau. 

7 (5) LONG-TERM ECOLOGICAL HEALTH.—The 

8 term ‘‘long-term ecological health’’, with respect to 

9 an ecosystem, means the ability of the ecological 

10 processes of the ecosystem to function in a manner 

11 that maintains the composition, structure, activity, 

12 and resilience of the ecosystem over time, including 

13 an ecologically appropriate diversity of plant and 

14 animal communities, habitats, and conditions that 

15 are sustainable through successional processes. 

16 (6) LOOP ROAD.— 

17 (A) IN GENERAL.—The term ‘‘loop road’’ 

18 means a route managed and maintained by the 

19 Bureau or the County, as applicable, for the 

20 purpose of providing directed tourism and edu21 cational opportunities in the County. 

22 (B) INCLUSION.—The term ‘‘loop road’’ 

23 includes each of the roads described in para24 graphs (2) through (5) of section 6(b). 


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1 (7) MALHEUR CEO GROUP.—The term 

2 ‘‘Malheur CEO Group’’ means the Malheur Commu3 nity Empowerment for Owyhee Group established 

4 under section 4(a). 

5 (8) OPERATIONAL FLEXIBILITY.—The term 

6 ‘‘operational flexibility’’, with respect to grazing on 

7 the Federal land, means any approved seasonal ad8 justments of livestock positioning for the purposes of 

9 that grazing pursuant to a flexible grazing use au10 thorized under the program. 

11 (9) PROGRAM.—The term ‘‘program’’ means 

12 the Malheur County Grazing Management Program 

13 authorized under section 3(a). 

14 (10) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of the Interior. 

16 (11) STATE.—The term ‘‘State’’ means the 

17 State of Oregon. 

18 SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PRO19 GRAM. 

20 (a) IN GENERAL.—The Secretary may carry out a 

21 grazing management program on the Federal land, to be 

22 known as the ‘‘Malheur County Grazing Management Pro23 gram’’, in accordance with the memorandum entitled ‘‘Bu24 reau of Land Management Instruction Memorandum 

25 2018–109’’, to provide to authorized grazing permittees 


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1 and lessees increased operational flexibility to improve the 

2 long-term ecological health of the Federal land. 

3 (b) PERMIT OPERATIONAL FLEXIBILITY.— 

4 (1) FLEXIBLE GRAZING USE ALTERNATIVE FOR

5 A GRAZING PERMIT OR LEASE.—For purposes of re6 newing a grazing permit or lease under the program, 

7 pursuant to the National Environmental Policy Act 

8 of 1969 (42 U.S.C. 4321 et seq.), the Secretary 

9 shall develop and analyze at least 1 alternative to 

10 provide operational flexibility in livestock grazing use 

11 to account for changing conditions. 

12 (2) INTERIM FLEXIBLE GRAZING USE FOR A

13 GRAZING PERMIT OR LEASE.—For purposes of using 

14 operational flexibility pending the renewal of a graz15 ing permit or lease under the program, the Bureau 

16 may authorize temporary changes in livestock graz17 ing use in accordance with applicable laws (including 

18 regulations) after providing notice to the applicable 

19 individuals and entities described in paragraph (3). 

20 (3) CONSULTATION.—The Secretary shall de21 velop alternatives under paragraph (1) in consulta22 tion with— 

23 (A) the applicable grazing permittee or les24 see; 

25 (B) affected Federal and State agencies; 


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1 (C) the Malheur CEO Group; 

2 (D) other landowners in the affected allot3 ment; and 

4 (E) interested members of the public. 

5 (4) MONITORING PLANS.— 

6 (A) IN GENERAL.—The Secretary shall de7 velop cooperative rangeland monitoring plans 

8 and rangeland health objectives to apply to ac9 tions taken under paragraph (1) or (2) and to 

10 improve the long-term ecological health of the 

11 Federal land under the program, in consulta12 tion with grazing permittees or lessees and 

13 other individuals and entities described in para14 graph (3). 

15 (B) REQUIREMENTS.—A monitoring plan 

16 developed under subparagraph (A) shall— 

17 (i) identify situations in which pro18 viding operational flexibility in grazing per19 mit or lease uses is appropriate to improve 

20 long-term ecological health of the Federal 

21 land; 

22 (ii) identify ways in which progress 

23 would be measured toward long-term eco24 logical health of the Federal land; 

25 (iii) include— 


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1 (I) a description of the condition 

2 standards for which the monitoring is 

3 tracking, including baseline conditions 

4 and desired outcome conditions; 

5 (II) a description of monitoring 

6 methods and protocols; 

7 (III) a schedule for collecting 

8 data; 

9 (IV) an identification of the re10 sponsible party for data collection and 

11 storage; 

12 (V) an evaluation schedule; 

13 (VI) a description of the antici14 pated use of the data; 

15 (VII) provisions for adjusting any 

16 components of the monitoring plan; 

17 and 

18 (VIII) a description of the meth19 od to communicate the criteria for ad20 justing livestock grazing use; and 

21 (iv) provide for annual reports on the 

22 effects of operational flexibility in grazing 

23 permit or lease uses under the program. 

24 (5) TERMS AND CONDITIONS.— 


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1 (A) PREFERRED ALTERNATIVE.—If the 

2 Secretary determines that an alternative consid3 ered under the program that provides oper4 ational flexibility is the preferred alternative, 

5 the Secretary shall incorporate the alternative, 

6 including applicable monitoring plans developed 

7 under paragraph (4), into the terms and condi8 tions of the applicable grazing permit or lease. 

9 (B) ADJUSTMENTS.—Before implementing 

10 any measure for purposes of operational flexi11 bility with respect to a grazing use authorized 

12 under the terms and conditions of a permit or 

13 lease with respect to which an alternative has 

14 been incorporated under subparagraph (A), the 

15 grazing permittee or lessee shall notify the Sec16 retary in writing of the proposed adjustment. 

17 (C) ADDITIONAL REQUIREMENTS.—The 

18 Secretary may include any other requirements 

19 in a permit or lease with respect to which an 

20 alternative has been incorporated under sub21 paragraph (A) that the Secretary determines to 

22 be necessary. 

23 (c) REVIEW; TERMINATION.— 

24 (1) REVIEW.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), not earlier than the date that is 8 

3 years after the date of enactment of this Act, 

4 the Secretary shall conduct a review of the pro5 gram to determine whether the objectives of the 

6 program are being met. 

7 (B) NO EFFECT ON PROGRAM PERMITS

8 AND LEASES.—The review of the program 

9 under subparagraph (A) shall not affect the ex10 istence, renewal, or termination of a grazing 

11 permit or lease entered into under the program. 

12 (2) TERMINATION.—If, based on the review 

13 conducted under paragraph (1), the Secretary deter14 mines that the objectives of the program are not 

15 being met, the Secretary shall, on the date that is 

16 10 years after the date of enactment of this Act— 

17 (A) modify the program in a manner to en18 sure that the objectives of the program would 

19 be met; or 

20 (B) terminate the program. 

21 (d) NO EFFECT ON GRAZING RIGHTS OR PRIVI22 LEGES.—Nothing in this Act— 

23 (1) affects the rights or privileges provided 

24 under the Act of 10 June 28, 1934 (commonly 


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1 known as the ‘‘Taylor Grazing Act’’; 43 U.S.C. 315 

2 et seq.); or 

3 (2) requires the Secretary to consider modifying 

4 or terminating the classification of any existing graz5 ing district on the Federal land in any subsequent 

6 plan or decision of the Secretary. 

7 SEC. 4. MALHEUR COMMUNITY EMPOWERMENT FOR 

8 OWYHEE GROUP. 

9 (a) ESTABLISHMENT.—Not later than 180 days after 

10 the date of enactment of this Act, the Secretary shall es11 tablish an advisory group, to be known as the ‘‘Malheur 

12 Community Empowerment for Owyhee Group’’— 

13 (1) to provide to the Secretary advice and rec14 ommendations relating to the implementation of ac15 tions proposed to be carried out under this Act, in16 cluding monitoring and operational flexibility of 

17 grazing use of the Federal land; 

18 (2) to be listed as an interested party for pend19 ing Bureau management decisions on the Federal 

20 land under this Act; and 

21 (3) to provide advice and recommendations to 

22 the State and the County commissioners on eco23 nomic development issues relating to the Federal 

24 land under this Act. 

25 (b) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Malheur CEO Group 

2 shall consist of— 

3 (A) 8 voting members, to be appointed by 

4 the Secretary, based on recommendations from 

5 the Vale District Bureau manager and the 

6 County commissioners, of whom— 

7 (i) 3 shall be representatives of graz8 ing permittees and lessees in the County; 

9 (ii) 3 shall be representatives of other 

10 businesses or conservation or recreation or11 ganizations in the County, of whom at 

12 least 2 shall reside in the County; 

13 (iii) 1 shall be a representative of the 

14 Burns Paiute Tribe; and 

15 (iv) 1 shall be a representative of the 

16 Fort McDermott Tribe; and 

17 (B) 4 nonvoting members, to be appointed 

18 by the Secretary, based on recommendations 

19 from the Vale District Bureau manager and the 

20 County commissioners, of whom— 

21 (i) 1 shall be a representative of the 

22 Bureau Vale District; 

23 (ii) 1 shall be a representative of the 

24 United States Fish and Wildlife Service; 


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1 (iii) 1 shall be a representative of the 

2 State; and 

3 (iv) 1 shall be a representative of the 

4 County. 

5 (2) APPOINTMENT.— 

6 (A) INITIAL APPOINTMENTS.—Not later 

7 than 180 days after the date of enactment of 

8 this Act, the Secretary shall appoint the initial 

9 members of the Malheur CEO Group. 

10 (B) TERMS.—Each member of the 

11 Malheur CEO Group shall serve for a term of 

12 3 years. 

13 (C) REAPPOINTMENT.—A member of the 

14 Malheur CEO Group may be reappointed for 1 

15 or more additional 3-year terms. 

16 (D) VACANCIES.—A vacancy on the 

17 Malheur CEO Group shall be filled— 

18 (i) as soon as practicable after the va19 cancy occurs; and 

20 (ii) in the same manner as the origi21 nal appointment. 

22 (3) COMPENSATION AND EXPENSES.— 

23 (A) COMPENSATION.—Members of the 

24 Malheur CEO Group shall serve without com25 pensation. 


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1 (B) TRAVEL EXPENSES.—Each member of 

2 the Malheur CEO Group shall receive from the 

3 Secretary travel expenses, including per diem in 

4 lieu of subsistence, in accordance with sections 

5 5702 and 5703 of title 5, United States Code. 

6 (4) CHAIRPERSON.—A chairperson shall be 

7 elected by a majority of the voting members of the 

8 Malheur CEO Group. 

9 (5) SECRETARY.—The representative from the 

10 Bureau Vale District appointed under paragraph 

11 (1)(B)(i) shall be— 

12 (A) the secretary and recordkeeper for the 

13 Malheur CEO Group; and 

14 (B) responsible for convening meetings of 

15 the Malheur CEO Group. 

16 (c) DUTIES.— 

17 (1) IN GENERAL.—The Malheur CEO Group 

18 shall— 

19 (A) review any program project proposed 

20 to the Bureau by— 

21 (i) a member of the Malheur CEO 

22 Group; 

23 (ii) a grazing permittee or lessee on 

24 the Federal land; or 

25 (iii) any other member of the public; 


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1 (B) subject to paragraph (2), propose pro2 gram projects and funding recommendations to 

3 the Secretary under this section; 

4 (C) cooperate with appropriate officials of 

5 land management agencies in the County in 

6 recommending program projects consistent with 

7 purposes of this section; 

8 (D) review program monitoring data and, 

9 in accordance with this subsection, recommend 

10 program project modifications, if appropriate; 

11 and 

12 (E) provide frequent opportunities for citi13 zens, organizations, Indian Tribes, land man14 agement agencies, and other interested parties 

15 to participate openly and meaningfully in pro16 gram project development and implementation. 

17 (2) PROJECTS PROPOSED TO SECRETARY.—The 

18 Malheur CEO Group may propose a program project 

19 to the Secretary if the program project has been ap20 proved by a majority of the members voting at an 

21 official meeting of the Malheur CEO Group. 

22 (d) MEETINGS.— 

23 (1) IN GENERAL.—A quorum is required for an 

24 official meeting of the Malheur CEO Group. 


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1 (2) BIANNUAL MEETINGS.—The Malheur CEO 

2 Group shall hold official meetings not less frequently 

3 than biannually. 

4 (3) VIRTUAL MEETINGS.—An official meeting 

5 of the Malheur CEO Group may be held virtually. 

6 (4) QUORUM.—A quorum of the Malheur CEO 

7 Group shall consist of a majority of the members of 

8 the Malheur CEO Group participating in person or 

9 virtually. 

10 (5) OPEN MEETINGS.—Each meeting of the 

11 Malheur CEO Group shall— 

12 (A) not later than the date that is 1 week 

13 before the date of the meeting, be announced— 

14 (i) on the public website of the Bu15 reau; and 

16 (ii) in a local newspaper of record, as 

17 determined by the Secretary; and 

18 (B) be held open to the public. 

19 (6) RECORDS.—The secretary of the Malheur 

20 CEO Group described in subsection (b)(5) shall— 

21 (A) maintain records of each official meet22 ing of the Malheur CEO Group; and 

23 (B) make the records maintained under 

24 subparagraph (A) available for public inspec25 tion. 


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1 (e) BYLAWS.— 

2 (1) IN GENERAL.—The members of the 

3 Malheur CEO Group shall establish bylaws for the 

4 Malheur CEO Group. 

5 (2) REQUIREMENT.—Bylaws may be estab6 lished under paragraph (1) on approval by a major7 ity of the members of the Malheur CEO Group. 

8 (f) CONSULTATION.—During any period in which the 

9 program and the Malheur CEO Group are in existence, 

10 the Secretary shall consult with the Malheur CEO 

11 Group— 

12 (1) not less frequently than once every 60 days; 

13 or 

14 (2) as otherwise agreed to by— 

15 (A) the Secretary; and 

16 (B) the Malheur CEO Group. 

17 (g) FACA APPLICABILITY.—The Federal Advisory 

18 Committee Act (5 U.S.C. App.) shall not apply to the 

19 Malheur CEO Group. 

20 (h) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There is authorized to be 

22 appropriated to the Secretary to carry out this sec23 tion $51,000 for each of fiscal years 2023 through 

24 2027. 


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1 (2) ADMINISTRATIVE COSTS.—Of the amounts 

2 made available under paragraph (1), not more than 

3 10 percent may be used for administrative costs re4 lating to the Malheur CEO Group. 

5 SEC. 5. LAND DESIGNATIONS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) MAP.—The term ‘‘Map’’ means the map en8 titled ‘‘Proposed Wilderness Malheur County’’ and 

9 dated November 6, 2019. 

10 (2) WILDERNESS AREA.—The term ‘‘wilderness 

11 area’’ means a wilderness area designated by sub12 section (b)(1). 

13 (b) DESIGNATION OF WILDERNESS AREAS.— 

14 (1) IN GENERAL.—In accordance with the Wil15 derness Act (16 U.S.C. 1131 et seq.), the following 

16 Federal land in the County comprising approxi17 mately 1,133,841 acres, as generally depicted on the 

18 Map, is designated as wilderness and as components 

19 of the National Wilderness Preservation System: 

20 (A) FIFTEENMILE CREEK WILDERNESS.— 

21 Certain Federal land, comprising approximately 

22 58,599 acres, as generally depicted on the Map, 

23 which shall be known as the ‘‘Fifteenmile Creek 

24 Wilderness’’. 


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1 (B) OREGON CANYON MOUNTAINS WILDER2 NESS.—Certain Federal land, comprising ap3 proximately 57,891 acres, as generally depicted 

4 on the Map, which shall be known as the ‘‘Or5 egon Canyon Mountains Wilderness’’. 

6 (C) TWELVEMILE CREEK WILDERNESS.— 

7 Certain Federal land, comprising approximately 

8 37,779 acres, as generally depicted on the Map, 

9 which shall be known as the ‘‘Twelvemile Creek 

10 Wilderness’’. 

11 (D) UPPER WEST LITTLE OWYHEE WIL12 DERNESS.—Certain Federal land, comprising 

13 approximately 93,159 acres, as generally de14 picted on the Map, which shall be known as the 

15 ‘‘Upper West Little Owyhee Wilderness’’. 

16 (E) LOOKOUT BUTTE WILDERNESS.—Cer17 tain Federal land, comprising approximately 

18 66,194 acres, as generally depicted on the Map, 

19 which shall be known as the ‘‘Lookout Butte 

20 Wilderness’’. 

21 (F) MARY GAUTREAUX OWYHEE RIVER

22 CANYON WILDERNESS.—Certain Federal land, 

23 comprising approximately 223,586 acres, as 

24 generally depicted on the Map, which shall be 


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1 known as the ‘‘Mary Gautreaux Owyhee River 

2 Canyon Wilderness’’. 

3 (G) TWIN BUTTE WILDERNESS.—Certain 

4 Federal land, comprising approximately 18,135 

5 acres, as generally depicted on the Map, which 

6 shall be known as the ‘‘Twin Butte Wilder7 ness’’. 

8 (H) CAIRN ‘‘C’’ WILDERNESS.—Certain 

9 Federal land, comprising approximately 8,946 

10 acres, as generally depicted on the Map, which 

11 shall be known as the ‘‘Cairn ‘C’ Wilderness’’. 

12 (I) OREGON BUTTE WILDERNESS.—Cer13 tain Federal land, comprising approximately 

14 32,010 acres, as generally depicted on the Map, 

15 which shall be known as the ‘‘Oregon Butte 

16 Wilderness’’. 

17 (J) DEER FLAT WILDERNESS.—Certain 

18 Federal land, comprising approximately 12,266 

19 acres, as generally depicted on the Map, which 

20 shall be known as the ‘‘Deer Flat Wilderness’’. 

21 (K) SACRAMENTO HILL WILDERNESS.— 

22 Certain Federal, comprising approximately 

23 9,568 acres, as generally depicted on the Map, 

24 which shall be known as the ‘‘Sacramento Hill 

25 Wilderness’’. 


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1 (L) COYOTE WELLS WILDERNESS.—Cer2 tain Federal land, comprising approximately 

3 7,147 acres, as generally depicted on the Map, 

4 which shall be known as the ‘‘Coyote Wells Wil5 derness’’. 

6 (M) BIG GRASSEY WILDERNESS.—Certain 

7 Federal land, comprising approximately 45,192 

8 acres, as generally depicted on the Map, which 

9 shall be known as the ‘‘Big Grassey Wilder10 ness’’. 

11 (N) LITTLE GROUNDHOG RESERVOIR WIL12 DERNESS.—Certain Federal land, comprising 

13 approximately 5,272 acres, as generally de14 picted on the Map, which shall be known as the 

15 ‘‘Little Groundhog Reservoir Wilderness’’. 

16 (O) MARY GAUTREAUX LOWER OWYHEE

17 CANYON WILDERNESS.—Certain Federal land, 

18 comprising approximately 79,947 acres, as gen19 erally depicted on the Map, which shall be 

20 known as the ‘‘Mary Gautreaux Lower Owyhee 

21 Canyon Wilderness’’. 

22 (P) JORDAN CRATER WILDERNESS.—Cer23 tain Federal land, comprising approximately 

24 31,141 acres, as generally depicted on the Map, 


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1 which shall be known as the ‘‘Jordan Crater 

2 Wilderness’’. 

3 (Q) OWYHEE BREAKS WILDERNESS.—Cer4 tain Federal land, comprising approximately 

5 29,471 acres, as generally depicted on the Map, 

6 which shall be known as the ‘‘Owyhee Breaks 

7 Wilderness’’. 

8 (R) DRY CREEK WILDERNESS.—Certain 

9 Federal land, comprising approximately 33,209 

10 acres, as generally depicted on the Map, which 

11 shall be known as the ‘‘Dry Creek Wilderness’’. 

12 (S) DRY CREEK BUTTES WILDERNESS.— 

13 Certain Federal land, comprising approximately 

14 53,782 acres, as generally depicted on the Map, 

15 which shall be known as the ‘‘Dry Creek Buttes 

16 Wilderness’’. 

17 (T) UPPER LESLIE GULCH WILDERNESS.— 

18 Certain Federal land, comprising approximately 

19 2,911 acres, as generally depicted on the Map, 

20 which shall be known as the ‘‘Upper Leslie 

21 Gulch Wilderness’’. 

22 (U) SLOCUM CREEK WILDERNESS.—Cer23 tain Federal land, comprising approximately 

24 7,528 acres, as generally depicted on the Map, 


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1 which shall be known as the ‘‘Slocum Creek 

2 Wilderness’’. 

3 (V) HONEYCOMBS WILDERNESS.—Certain 

4 Federal land, comprising approximately 40,099 

5 acres, as generally depicted on the Map, which 

6 shall be known as the ‘‘Honeycombs Wilder7 ness’’. 

8 (W) WILD HORSE BASIN WILDERNESS.— 

9 Certain Federal land, comprising approximately 

10 18,381 acres, as generally depicted on the Map, 

11 which shall be known as the ‘‘Wild Horse Basin 

12 Wilderness’’. 

13 (X) QUARTZ MOUNTAIN WILDERNESS.— 

14 Certain Federal land, comprising approximately 

15 32,781 acres, as generally depicted on the Map, 

16 which shall be known as the ‘‘Quartz Mountain 

17 Wilderness’’. 

18 (Y) THE TONGUE WILDERNESS.—Certain 

19 Federal land, comprising approximately 6,800 

20 acres, as generally depicted on the Map, which 

21 shall be known as ‘‘The Tongue Wilderness’’. 

22 (Z) BURNT MOUNTAIN WILDERNESS.— 

23 Certain Federal land, comprising approximately 

24 8,109 acres, as generally depicted on the Map, 


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1 which shall be known as the ‘‘Burnt Mountain 

2 Wilderness’’. 

3 (AA) COTTONWOOD CREEK WILDER4 NESS.—Certain Federal land, comprising ap5 proximately 77,828 acres, as generally depicted 

6 on the Map, which shall be known as the ‘‘Cot7 tonwood Creek Wilderness’’. 

8 (BB) CASTLE ROCK WILDERNESS.—Cer9 tain Federal land, comprising approximately 

10 6,151 acres, as generally depicted on the Map, 

11 which shall be known as the ‘‘Castle Rock Wil12 derness’’. 

13 (CC) WEST FORK BENDIRE WILDER14 NESS.—Certain Federal land, comprising ap15 proximately 10,519 acres, as generally depicted 

16 on the Map, which shall be known as the ‘‘West 

17 Fork Bendire Wilderness’’. 

18 (DD) BEAVER DAM CREEK WILDER19 NESS.—Certain Federal land, comprising ap20 proximately 19,080 acres, as generally depicted 

21 on the Map, which shall be known as the ‘‘Bea22 ver Dam Creek Wilderness’’. 

23 (2) MAPS AND LEGAL DESCRIPTIONS.— 

24 (A) IN GENERAL.—As soon as practicable 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 01:03 Sep 17, 2022 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4860.IS S4860

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1 retary shall prepare and submit to Congress a 

2 map and legal description of each wilderness 

3 area. 

4 (B) EFFECT.—Each map and legal de5 scription prepared under subparagraph (A) 

6 shall have the same force and effect as if in7 cluded in this Act, except that the Secretary 

8 may correct clerical and typographical errors in 

9 the map or legal description. 

10 (C) PUBLIC AVAILABILITY.—The maps 

11 and legal descriptions prepared under subpara12 graph (A) shall be on file and available for pub13 lic inspection in the appropriate offices of the 

14 Bureau. 

15 (3) MANAGEMENT.— 

16 (A) IN GENERAL.—Subject to valid exist17 ing rights, the wilderness areas shall be admin18 istered by the Secretary in accordance with the 

19 Wilderness Act (16 U.S.C. 1131 et seq.), except 

20 that— 

21 (i) any reference in that Act to the ef22 fective date of that Act shall be considered 

23 to be a reference to the date of enactment 

24 of this Act; and 


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1 (ii) any reference in that Act to the 

2 Secretary of Agriculture shall be consid3 ered to be a reference to the Secretary. 

4 (B) GRAZING.—The Secretary shall allow 

5 the continuation of the grazing of livestock, in6 cluding the maintenance, construction, or re7 placement of authorized supporting facilities, in 

8 the wilderness areas, if established before the 

9 date of enactment of this Act, in accordance 

10 with— 

11 (i) section 4(d)(4) of the Wilderness 

12 Act (16 U.S.C. 1133(d)(4)); and 

13 (ii) the guidelines set forth in Appen14 dix A of the report of the Committee on 

15 Interior and Insular Affairs of the House 

16 of Representatives accompanying H.R. 

17 2570 of the 101st Congress (H. Rept. 

18 101–405). 

19 (C) FIRE MANAGEMENT AND RELATED AC20 TIVITIES.—The Secretary may carry out any 

21 activities in the wilderness areas that the Sec22 retary determines to be necessary for the con23 trol of fire, insects, and diseases, in accordance 

24 with— 


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1 (i) section 4(d)(1) of the Wilderness 

2 Act (16 U.S.C. 1133(d)(1)); and 

3 (ii) the report of the Committee on 

4 Interior and Insular Affairs of the House 

5 of Representatives accompanying H.R. 

6 1437 of the 98th Congress (House Report 

7 98–40). 

8 (D) ROADS ADJACENT TO WILDERNESS

9 AREAS.—Nothing in this Act requires the clo10 sure of any adjacent road outside the boundary 

11 of a wilderness area. 

12 (c) MANAGEMENT OF LAND NOT DESIGNATED AS

13 WILDERNESS.— 

14 (1) RELEASE OF WILDERNESS STUDY AREA.— 

15 (A) FINDING.—Congress finds that, for 

16 purposes of section 603(c) of the Federal Land 

17 Policy and Management Act of 1976 (43 U.S.C. 

18 1782(c)), any portion of the Federal land des19 ignated as a wilderness study area, as depicted 

20 on the Map, on the date of enactment of this 

21 Act that is not designated as wilderness by sub22 section (b)(1) has been adequately studied for 

23 wilderness designation. 


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1 (B) RELEASE.—Except as provided in 

2 paragraph (2), the land described in subpara3 graph (A)— 

4 (i) is no longer subject to section 

5 603(c) of the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 

7 1782(c)); and 

8 (ii) shall be managed in accordance 

9 with the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1701 et 

11 seq.), including any applicable land use 

12 plan adopted under section 202 of that Act 

13 (43 U.S.C. 1712). 

14 (2) MANAGEMENT OF CERTAIN LAND WITH

15 WILDERNESS CHARACTERISTICS.—Any portion of 

16 the Federal land that was previously determined by 

17 the Secretary to be land with wilderness characteris18 tics that is not designated as wilderness by sub19 section (b)(1) shall be managed by the Secretary in 

20 accordance with the applicable land use plans adopt21 ed under section 202 of the Federal Land Policy 

22 and Management Act of 1976 (43 U.S.C. 1712). 

23 SEC. 6. ECONOMIC DEVELOPMENT. 

24 (a) DEFINITION OF MAP.—In this section, the term 

25 ‘‘Map’’ means the map entitled ‘‘Lake Owyhee, Succor 


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1 Creek, Birch Creek, and Three Forks Scenic Loops’’ and 

2 dated November 6, 2019. 

3 (b) LOOP ROADS REQUIREMENTS.— 

4 (1) IN GENERAL.—The Secretary, in coordina5 tion with the County, shall work with Travel Oregon 

6 to establish the loop roads. 

7 (2) OWYHEE DAM ROAD.— 

8 (A) SAFETY UPGRADES.— 

9 (i) IN GENERAL.—The Secretary shall 

10 seek to enter into an arrangement with the 

11 County to fund safety upgrades, in accord12 ance with County road standards, to the 

13 Owyhee Dam Road to ensure access to the 

14 recreational opportunities of the Owyhee 

15 Reservoir, including improved signage and 

16 surfacing. 

17 (ii) DEADLINE FOR UPGRADES.—Any 

18 upgrades carried out with funds provided 

19 under clause (i) shall be completed not 

20 later than 1 year after the date of enact21 ment of this Act, weather permitting. 

22 (iii) COMPLIANCE WITH STAND23 ARDS.—If the County receives any funds 

24 under this subparagraph, the County shall 

25 ensure that, not later than 1 year after the 


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1 date of enactment of this Act, weather per2 mitting, the Owyhee Dam Road is in com3 pliance with the applicable standards of— 

4 (I) the State; 

5 (II) the County; and 

6 (III) each affected County road 

7 district. 

8 (B) AUTHORIZATION OF APPROPRIA9 TIONS.—In addition to amounts made available 

10 under subsection (f)(1), there is authorized to 

11 be appropriated to the Secretary to carry out 

12 subparagraph (A) $6,000,000. 

13 (3) SUCCOR CREEK SCENIC LOOP.—The Sec14 retary shall work with the County on a plan to im15 prove the Succor Creek Scenic Loop, as generally 

16 depicted on the Map, to accommodate visitors and 

17 residents. 

18 (4) BIRCH CREEK SCENIC LOOP.—The Sec19 retary shall work with the County on a plan to im20 prove the Birch Creek Scenic Loop, as generally de21 picted on the Map, to accommodate visitors and resi22 dents. 

23 (5) THREE FORKS SCENIC LOOP.—The Sec24 retary shall work with the County on a plan to imVerDate Sep 11 2014 01:03 Sep 17, 2022 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4860.IS S4860

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1 prove the Three Forks Scenic Loop, as generally de2 picted on the Map— 

3 (A) to accommodate visitors and residents; 

4 and 

5 (B) to provide a connection to the Idaho 

6 Scenic Byway. 

7 (c) IMPROVEMENTS TO STATE PARKS AND OTHER

8 AMENITIES.—Not later than 180 days after the date of 

9 enactment of this Act— 

10 (1) the Commissioner, in coordination with the 

11 Owyhee Irrigation District, shall work with Travel 

12 Oregon or the Oregon Parks and Recreation Depart13 ment, as appropriate, to carry out a feasibility study 

14 regarding each of— 

15 (A) the establishment of not more than 2 

16 marinas on the Owyhee Reservoir; 

17 (B) improvements to existing Oregon State 

18 Parks bordering the Owyhee Reservoir; 

19 (C) the establishment of a network of hos20 telries in the County using former hotels and 

21 bunkhouses that are not currently in use; 

22 (D) improvements to private camps on the 

23 shore of the Owyhee Reservoir; 

24 (E) the establishment of a dude ranch at 

25 Birch Creek; and 


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1 (F) any other economic development pro2 posals for the Owyhee Reservoir or the County; 

3 and 

4 (2) the Secretary shall work with the County to 

5 carry out a feasibility study regarding the rails-to6 trails project known as ‘‘Rails to Trails: The Oregon 

7 Eastern Branch/The Oregon and Northwestern Rail8 road’’. 

9 (d) GATEWAY TO THE OREGON OWYHEE.—Not later 

10 than 1 year after the date of enactment of this Act, the 

11 Secretary, in coordination with Travel Oregon, shall com12 plete a feasibility study on how best to market commu13 nities or sections of the County as the ‘‘Gateway to the 

14 Oregon Owyhee’’. 

15 (e) JORDAN VALLEY AIRSTRIP IMPROVEMENTS TO

16 SUPPORT FIREFIGHTING EFFORTS.— 

17 (1) IN GENERAL.—The Secretary shall work 

18 with firefighting entities in the County to deter19 mine— 

20 (A) the need for the use of the Jordan Val21 ley Airstrip to support firefighting efforts; and 

22 (B) the conditions under which the Jordan 

23 Valley Airstrip may be used to support fire24 fighting efforts. 


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1 (2) REPORT.—Not later than 1 year after the 

2 date of enactment of this Act, the Secretary shall 

3 submit to the Malheur CEO Group a report describ4 ing the need and conditions described in subpara5 graphs (A) and (B) of paragraph (1), including 

6 methods by which to meet those conditions. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated for fiscal year 2023— 

9 (1) to the Secretary— 

10 (A) to carry out subsection (b), 

11 $2,000,000; 

12 (B) to carry out subsection (c)(2), 

13 $2,000,000; 

14 (C) to carry out subsection (d), $500,000; 

15 and 

16 (D) to carry out subsection (e), $500,000; 

17 and 

18 (2) to the Commissioner to carry out subsection 

19 (c)(1), $1,000,000. 

20 SEC. 7. LAND CONVEYANCE TO BURNS PAIUTE TRIBE. 

21 (a) CONVEYANCE AND TAKING INTO TRUST.—As 

22 soon as practicable after the date of enactment of this Act, 

23 the Secretary shall— 

24 (1) transfer to the Burns Paiute Tribe all right, 

25 title, and interest in and to the land in the State deVerDate Sep 11 2014 01:03 Sep 17, 2022 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4860.IS S4860

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1 scribed in subsection (b) for the purpose of pro2 tecting and conserving cultural and natural values 

3 and to be part of the reservation of the Burns Pai4 ute Tribe; and 

5 (2) take the land transferred under paragraph 

6 (1) into trust for the benefit of the Burns Paiute 

7 Tribe. 

8 (b) DESCRIPTION OF LAND.—The land referred to in 

9 subsection (a)(1) is the following, as depicted on the map 

10 entitled ‘‘Malheur Reservation Paiute Indian Tribe Grant, 

11 Malheur, and Harney Counties, Oregon’’ and dated March 

12 15, 1958: 

13 (1) JONESBORO RANCH.—The parcel commonly 

14 known as ‘‘Jonesboro Ranch’’, located approximately 

15 6 miles east of Juntura, Oregon, consisting of 

16 21,548 acres of Federal land, 6,686 acres of certain 

17 private land associated with the Jonesboro Ranch 

18 containing the pastures referred to as ‘‘Saddle 

19 Horse’’ and ‘‘Trail Horse’’, ‘‘Indian Creek’’, ‘‘Sperry 

20 Creek’’, ‘‘Antelope Swales’’, ‘‘Horse Camp’’, ‘‘Dinner 

21 Creek’’, ‘‘Upper Hunter Creek’’, and ‘‘Tim’s Peak’’, 

22 and more particularly described as follows: 

23 (A) T. 20 S., R. 38 E., secs. 25 and 36. 

24 (B) T. 20 S., R. 39 E., secs. 25–36. 


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1 (C) T. 20 S., R. 40 E., secs. 30, 31, and 

2 32. 

3 (D) T. 21 S., R. 39 E., secs. 1–18, 20–29, 

4 and 32–36. 

5 (E) T. 21 S., R. 40 E., secs. 5–8, 17–19, 

6 30, and 31. 

7 (F) T. 22 S., R. 39 E., secs. 1–5, 8, and 

8 9. 

9 (2) ROAD GULCH; BLACK CANYON.—The ap10 proximately 4,137 acres of State land containing the 

11 pastures referred to as ‘‘Road Gulch’’ and ‘‘Black 

12 Canyon’’ and more particularly described as follows: 

13 (A) T. 20 S., R. 39 E., secs. 10, 11, 15, 

14 14, 13, 21–28, and 36. 

15 (B) T 20 S., R. 40 E., secs. 19, 30, 31, 

16 and 32. 

17 (c) APPLICABLE LAW.—Land taken into trust under 

18 subsection (a)(2) shall be administered in accordance with 

19 the laws (including regulations) generally applicable to 

20 property held in trust by the United States for the benefit 

21 of an Indian Tribe. 

22 (d) MAP OF TRUST LAND.—As soon as practicable 

23 after the date of enactment of this Act, the Secretary shall 

24 prepare a map depicting the land taken into trust under 

25 subsection (a)(2). 


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1 (e) LAND EXCHANGE.—Not later than 3 years after 

2 the date of enactment of this Act, the Secretary shall seek 

3 to enter into an agreement with the State under which 

4 the Secretary would exchange Federal land for the por5 tions of the area described in subsection (b)(2) that are 

6 owned by the State. 

7 (f) PAYMENT IN LIEU OF TAXES PROGRAM.—Any 

8 land taken into trust under subsection (a)(2) shall be eligi9 ble for payments under the payment in lieu of taxes pro10 gram established under chapter 69 of title 31, United 

11 States Code. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary such 

14 sums as are necessary to carry out this section. 

15 SEC. 8. EFFECT ON TRIBAL RIGHTS AND CERTAIN EXIST16 ING USES. 

17 Nothing in this Act, including any designation or 

18 nondesignation of land transferred into trust to be held 

19 by the United States for the benefit of the Burns Paiute 

20 Tribe under section 7— 

21 (1) alters, modifies, enlarges, diminishes, or ab22 rogates rights secured by a treaty, statute, Executive 

23 order, or other Federal law of any Indian Tribe, in24 cluding off-reservation reserved rights; or 

25 (2) affects— 


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1 (A) existing rights-of-way; or 

2 (B) preexisting grazing uses and existing 

3 water rights or mining claims, except as specifi4 cally negotiated between any applicable Indian 

5 Tribe and the Secretary. 

Æ 


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