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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10082 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10082

  To provide for the establishment of a grazing management program on 
    Federal land in Malheur County, Oregon, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2024

Mr. Bentz (for himself and Mr. Fulcher) introduced the following bill; 
        which was referred to the Committee on 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Owyhee Wilderness and 
Community Protection 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) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Oregon.
            (6) State lands.--The term ``State lands'' means any lands 
        owned by the State of Oregon.
            (7) Malheur c.e.o. group.--The term ``Malheur C.E.O. 
        Group'' means the group established by section 4(b).
            (8) Private lands.--The term ``Private lands'' means any 
        land that is privately owned, and not owned by any local, 
        State, or Federal Government or agency.
            (9) 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.
            (10) Program.--The term ``program'' means the Malheur 
        County Grazing Management Program authorized under section 
        3(a).

SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.

    (a) In General.--The Secretary shall 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), for the purpose of providing to authorized grazing 
permittees and lessees, and for providing interim operational 
flexibilities as set forth herein.
    (b) Permit Operational Flexibility.--
            (1) Flexible grazing use alternative for a grazing permit 
        or lease.--Solely at the request of an authorized grazing 
        permittee or lessee, for purposes of renewing a grazing 
        permittee or lessee's 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) Interim operational flexibilities.--If an applicable 
        monitoring plan has been adopted under paragraph (3), to meet 
        or make significant progress in meeting applicable Rangeland 
        Health Standards and applicable livestock management objectives 
        in the applicable land use plan, on the request of an 
        authorized grazing permittee or lessee, the Secretary, using 
        new and existing data, shall allow a variance to the terms and 
        conditions of the existing applicable grazing permit or lease 
        for the applicable year due to 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 be 
                                before the beginning date specified in 
                                the applicable permit or lease; and
                                    (II) not later than 14 days after 
                                the ending date specified in the 
                                applicable permit or lease; and
                            (ii) the authorized grazing permittee or 
                        lessee provides written notice of the 
                        adjustment to the Bureau not later than 2 
                        business days before the date of adjustment;
                    (B) to adjust the dates for pasture rotation 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; and
                    (C) to adjust the placement of existing water 
                structures for livestock or wildlife, subject to 
                applicable water right laws, that any adjustment should 
                not be placed within 100 yards from any associated 
                roads 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.
            (3) Monitoring plans for permit flexibility.--
                    (A) In general.--The Secretary shall adopt 
                cooperative rangeland monitoring plans to apply to 
                actions taken under paragraph (2) and to monitor and 
                evaluate current permitted livestock use upon the 
                pasture(s) or allotment(s) to be monitored as related 
                to whether such livestock use is the significant factor 
                or not in meeting or making significant progress in 
                meeting applicable Rangeland Health Standards and 
                applicable livestock management objectives in the 
                applicable land use plan.
                    (B) Requirements.--A monitoring plan developed 
                under subparagraph (A) shall be based upon existing 
                ecological conditions with reliance upon the ecological 
                site descriptions, including the State and transitions 
                models, as defined by the Chief of the Natural 
                Resources Conservation Service, of the area to be 
                monitored, and shall--
                            (i) evaluate the percent utilization of 
                        available forage, the existing ecological 
                        condition, and the trend of ecological 
                        condition of the area to be monitored;
                            (ii) include--
                                    (I) a description of the 
                                utilization standards for which the 
                                monitoring is tracking, including 
                                baseline ecological conditions and 
                                desired outcome ecological conditions;
                                    (II) a description of utilization 
                                evaluation protocol;
                                    (III) an evaluation schedule 
                                identifying periods during which 
                                utilization data will be collected;
                                    (IV) provisions for adjusting any 
                                components of the monitoring plan, 
                                including acceptance of data from 
                                identified third parties; and
                                    (V) a description of the method to 
                                communicate the criteria for adjusting 
                                livestock grazing use based on the on-
                                the-ground ecological conditions after 
                                the period of use; and
                            (iii) 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.
            (4) 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 (3), 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) 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) 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 
        8 voting members, to be appointed by the Secretary, based on 
        recommendations from the Vale District Bureau manager and the 
        County commissioners, of whom--
                    (A) 3 shall be representatives of grazing 
                permittees and lessees in the County;
                    (B) 3 shall be representatives of other businesses 
                or conservation organizations in the County, of whom at 
                least 2 shall reside in the County; and
                    (C) 1 shall be a representative of the Burns Paiute 
                Tribe and 1 shall be a representative of the Fort 
                McDermott Tribe.
            (2) Appointment.--
                    (A) Initial appointments.--Not later than 180 days 
                after the date of enactment of this Act, all will be 
                selected by the county court through submitted 
                application by any interest parties.
                    (B) Terms.--Each member of the Malheur C.E.O. Group 
                shall serve for a term of 3 years.
                    (C) Reappointment.--A member of the Malheur C.E.O. 
                Group may be reappointed for 1 or more additional 3-
                year terms.
                    (D) Vacancies.--A vacancy on the Malheur C.E.O. 
                Group shall be filled--
                            (i) as soon as practicable after the 
                        vacancy occurs; and
                            (ii) in the same manner as the original 
                        appointment.
    (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 days 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) 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. WILDERNESS DESIGNATIONS AND OTHER LAND DESIGNATIONS AND RELATED 
              MANAGEMENT TO DESIGNATIONS.

    (a) Definitions.--In this section:
            (1) Map.--The term ``Map'' means each of:
                    (A) Wilderness Area Maps exhibits 1 through 17.
                    (B) Existing Road Maps-Roads Exhibits 1 through 6.
            (2) Wilderness area.--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 926,588 acres, as generally depicted 
        on the Map, 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, 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, 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, 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, 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, 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, which shall be known as the ``Mary Gautreaux 
                Owyhee River Canyon Wilderness''.
                    (G) Jordan craters wilderness.--Certain Federal 
                land, comprising approximately 29,255 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Jordan Craters Wilderness''.
                    (H) Owyhee breaks wilderness.--Certain Federal 
                land, comprising approximately 31,637 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Owyhee Breaks Wilderness''.
                    (I) Dry creek wilderness.--Certain Federal land, 
                comprising approximately 33,209 acres, as generally 
                depicted on the Map, which shall be known as the ``Dry 
                Creek Wilderness''.
                    (J) Dry creek buttes wilderness.--Certain Federal 
                land, comprising approximately 88,289 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Dry Creek Buttes Wilderness''.
                    (K) Upper leslie gulch wilderness.--Certain Federal 
                land, comprising approximately 2,997 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Upper Leslie Gulch Wilderness''.
                    (L) Slocum creek wilderness.--Certain Federal land, 
                comprising approximately 7,534 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Slocum Creek Wilderness''.
                    (M) Honeycombs wilderness.--Certain Federal land, 
                comprising approximately 41,122 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Honeycombs Wilderness''.
                    (N) Cottonwood creek wilderness.--Certain Federal 
                land, comprising approximately 72,597 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Cottonwood Creek Wilderness''.
                    (O) Lower owyhee canyon wilderness.--Certain 
                Federal land, comprising approximately 77,121 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Lower Owyhee Canyon Wilderness''.
                    (P) Wild horse basin wilderness.--Certain Federal 
                land, comprising approximately 18,402 acres, as 
                generally depicted on the Map, which shall be known as 
                the ``Wild Horse Basin 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 and policies'' 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 
                        dated February 21, 1990).
                 The ``number of livestock permitted'' as used in 
                ``guideline and policy'' number 1 shall mean the 
                ``Permitted use'' animal unit months prescribed in the 
                existing Grazing Permits upon enactment of this Act, in 
                addition to any Nonrenewal Grazing Permits issued by 
                the Bureau within a 10-year period before enactment of 
                this Act. Said Appendix A shall control over of clause 
                (i).
                    (C) Roads adjacent to and within wilderness 
                areas.--The Secretary shall allow the continuation of 
                motorized use of road access upon the cherry stem roads 
                shown in Exhibits 1 to 6 on the Road Map noted in 
                section 5(a)(1)(A) and shall allow the continuation of 
                motorized use of road access in any wilderness 
                designated in subsection (b)(1) to that access allowed 
                in accordance with section 4(c) of the Wilderness Act 
                (16 U.S.C. 1133(c)).
                            (i) Nothing in this Act requires any 
                        restriction, inclusive of closure or seasonal 
                        closure, of any road outside but adjacent to 
                        the boundary of any wilderness designed in 
                        subsection (b)(1).
                            (ii) The Secretary shall provide reasonable 
                        access to any private lands, State lands, or 
                        tribal lands within the boundaries of any 
                        wilderness designated in subsection (b)(1), or 
                        to any Private lands, State lands, or Tribal 
                        lands near or adjacent to any wilderness area 
                        that require reasonable road access across any 
                        wilderness area if road access is not otherwise 
                        provided under subsection (a)(1)(A). For 
                        purposes of this clause, the term ``reasonable 
                        access'' includes any road existing on the date 
                        of enactment of this Act. Any road within or 
                        across any wilderness designated in subsection 
                        (b)(1) shall be not less than 30-feet on each 
                        side of the centerline of the road.
                            (iii) This Act shall not preclude use on 
                        any wilderness in subsection (b)(1) of 
                        mechanical equipment including chainsaws, 
                        backhoe excavators, caterpillar tractors, or 
                        the like for the purpose of wildfire 
                        suppression, invasive species control, 
                        activities necessary for management of 
                        livestock present on the land under grazing 
                        permits (including but not limited to 
                        distribution of salt, maintenance on the roads, 
                        replacement or repair of water facilities and 
                        fencing, doctoring cattle, dispersing of 
                        livestock, or gathering, or removal of 
                        livestock).
                            (iv) Motorized use of those roads 
                        identified in subsection (a)(1)(A) shall 
                        include use by the following:
                                    (I) members of the Burns-Paiute 
                                Tribe (for cultural purposes only);
                                    (II) the Bureau for fire 
                                suppression, invasive weed control, and 
                                range management activities;
                                    (III) grazing permittees and their 
                                agents and invitees for road 
                                maintenance, distribution of salt, 
                                replacement and repair of water 
                                facilities, replacement and repair of 
                                fencing, predator control, and invasive 
                                weed control (as allowed by the 
                                Bureau), fire suppression, and 
                                livestock management;
                                    (IV) private land owners and their 
                                agents, contractors, employees, and 
                                invitees as related to access to their 
                                private land, as provided for in clause 
                                (ii); and
                                    (V) the county and the State and 
                                their agents, contractors and employees 
                                as related to access to State lands and 
                                to access to any county public roads, 
                                as provided for in as provided for in 
                                clause (ii).
                    (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 
                                the ``General Policy'' inclusive of the 
                                ``Guidelines'' therein 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 dated 
                                February 21, 1990).
                            (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 dated February 21, 
                1990), 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 Federal Land Not Designated as Wilderness.--
            (1) Finding.--Congress finds that, for purposes of section 
        201(a) and section 603(c) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1711(a); 1782(c)), the 
        Federal land designated in this Act as wilderness and all other 
        Federal land in the County has been adequately inventoried and 
        studied to allow for wilderness purposes.
            (2) Redesignation.--All Federal land managed by the Bureau 
        in the County not included in the land designated herein as 
        wilderness and all other Federal land described in paragraph 
        (1)--
                    (A) is released and is no longer subject to section 
                603(c) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1782(c)) for wilderness study area 
                purposes;
                    (B) is no longer subject to section 201(a) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1711(a)) for wilderness purposes; and
                    (C) shall be managed for values unrelated to 
                wilderness purposes and shall be managed for the 
                principal or major uses (as defined in section 103(l) 
                of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1702(l))), in accordance with any applicable 
                land use plan adopted under section 202 of that Act (43 
                U.S.C. 1712).
    (d) The Amended Notice.--Three years after the date of enactment of 
this Act, and to conform to give effect to this Act, the Secretary 
shall initiate a process to amend the notice entitled ``Notice of 
Availability of the Record of Decision and Approved Resource Management 
Plan Amendment for the Southeastern Oregon Resource Management Plan, 
Vale District, Oregon'' published by the Bureau of Land Management in 
the Federal Register on February 2, 2024 (89 Fed. Reg. 14090) and 
amended on February 26, 2024. This amendment shall include the 
associated Wilderness Plan for the designated wilderness established in 
this Act and shall include a Travel Management Plan. The Secretary 
shall complete the land use plan amended process within 24 months after 
initiation of the process to amend in accordance with section 202 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
    (e) Limitation on Certain Restrictions by the Bureau Relating to 
Federal Lands Under the Southeastern Oregon Resource Management Plan 
Not Designated as Wilderness in This Act.--
            (1) Road maps.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary shall publish a map 
        depicting all existing roads on lands marked as ``Unit 
        Protected for Wilderness Characteristics'' and ``Unit Managed 
        for Other Resources'' in the notice entitled ``Notice of 
        Availability of the Record of Decision and Approved Resource 
        Management Plan Amendment for the Southeastern Oregon Resource 
        Management Plan, Vale District, Oregon'' published by the 
        Bureau of Land Management in the Federal Register on February 
        2, 2024 (89 Fed. Reg. 14090) and amended on February 26, 2024.
            (2) Access.--The Secretary shall not restrict the use of 
        motorized vehicles on the roads described in paragraph (1) or 
        on lands designated as ``Unit Protected for Wilderness 
        Characteristics'' or ``Unit Managed for Other Resources'' in 
        the notice described in paragraph (1) for--
                    (A) members of the Burns-Paiute Tribe;
                    (B) livestock grazing permittees;
                    (C) the Bureau as necessary for range management 
                including mechanical suppression of fire or invasive 
                weeds;
                    (D) private land owners and their agents, 
                contractors, employees, and invitees as related to 
                access to their private land; and
                    (E) the county and the State and their agents, 
                contractors, and employees as related to access to 
                State lands and to access to any county public roads.
            (3) Grazing.--The Secretary shall not reduce or restrict 
        grazing of permittees or lessees on the Federal land designated 
        as ``Unit Protected for Wilderness Characteristics'' or ``Unit 
        Managed for Other Resources'' in the notice described in 
        paragraph (1).
            (4) Continuation of limitations.--The limitations in this 
        subsection shall be carried forward in the amended land use 
        plan as prescribed to be developed in accordance with 
        subsection (e).

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 be held in trust 
                by the United States for the benefit 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'', 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 on the map entitled ``Proposed Wilderness Malheur 
        County'' and dated June 7, 2023, shall be held in trust by the 
        United States for the benefit of the Burns Paiute Tribe.
                    (A) Grazing on land to be held in trust.--
                            (i) The Bureau shall continue to allow and 
                        manage grazing within the Land to be held in 
                        Trust under applicable law.
                            (ii) Should the Burns Paiute Tribe decide, 
                        in its sole discretion, to cancel grazing 
                        within the Land to be held in Trust, i.e., 
                        ``Trust Land'', then--
                                    (I) the Tribe shall give the Bureau 
                                notice of cancellation of Permitted Use 
                                Animal Unit Months within the Trust 
                                Land;
                                    (II) upon receipt of the notice 
                                from the Tribe, the Bureau shall 
                                conform to the requirements in section 
                                4110.4-2 of title 43, Code of Federal 
                                Regulations (10/1/2005 Edition), to 
                                cancel any Permitted Use Animal Unit 
                                Months within the Trust Land, except 
                                that, in addition to payment for the 
                                reasonable compensation for the value 
                                of any public land range improvements 
                                within the Trust Land as provided for 
                                in 43 CFR 4110.4-2(b) (10/1/2005 
                                Edition), the Grazing Permittee(s) 
                                shall also be paid by the Tribe, at its 
                                sole expense, the sum of $100 per each 
                                Permitted Use Animal Unit Month that is 
                                cancelled; and
                                    (III) upon the effectiveness of the 
                                cancellation of grazing within the 
                                Trust Land, the Tribe shall fence out, 
                                at its sole expense, and shall maintain 
                                the fence, at its sole expense, the 
                                Trust Land from the adjacent land to 
                                ensure no drift of livestock occurs 
                                from adjacent land. Should the Tribe 
                                not timely fence out the Trust Land, or 
                                maintain the fence, then any Grazing 
                                Permittee(s) shall not be subject to 
                                any unauthorized use for any drift of 
                                livestock into the Trust Land from 
                                adjacent land.
            (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 ``Castle Rock Co-Stewardship Area'' 
                        on the map entitled ``Proposed Wilderness 
                        Malheur County'' and dated June 7, 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 
                                therein are considered;
                                    (II) provides for protection of 
                                cultural and archaeological resources; 
                                located thereon;
                                    (III) provides for the protection 
                                of natural resources with cultural 
                                significance located thereon;
                                    (IV) protects the interests of 
                                those who hold livestock grazing 
                                permits on this land and maintain such 
                                grazing entitlements in accordance with 
                                applicable law, inclusive of the Taylor 
                                Grazing Act (43 U.S.C. 315 et seq.); 
                                and
                                    (V) does not extend beyond the 
                                boundaries of the co-stewardship area.
                    (B) Management agreements.--In accordance with 
                applicable law (including regulations) and subject to 
                existing or extended livestock grazing permits, 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 management and grazing of 
                livestock in the Castle Rock Co-Stewardship Area, as 
                established before the date of enactment of this Act, 
                shall be permitted to continue and shall not be limited 
                or abridged by activities set forth in subparagraphs 
                (A) and (B).
                    (D) Water rights.--Nothing in this paragraph--
                            (i) expands, creates, or affects any 
                        reserved, or otherwise existing water rights; 
                        or
                            (ii) provides the Burns Paiute Tribe with 
                        any new water right or claim.
                    (E) Co-management activities.--Nothing in this 
                paragraph shall be construed to allow co-management 
                activities to extend beyond the areas designated as the 
                Castle Rock Co-Stewardship Area.
                    (F) Land exchange activities.--Any private land 
                within the Castle Rock Co-Stewardship Area, inclusive 
                of the private land in T18S R37E section 4, NENW and 
                NESE, shall be subject to a land exchange with any 
                private landowner who desires and elects to cooperate 
                in a land exchange with the Bureau. Any public land 
                offered in exchange with the private land shall be 
                adjacent to any other private land owned by the 
                cooperating private landowner within the county, and 
                shall be agreeable to the cooperating private 
                landowner. The Secretary shall coordinate with any 
                cooperating private landowner to implement and to 
                complete any such exchange within 24-months of 
                initiation of such process by a private landowner. The 
                Secretary shall prepare any documents necessary to 
                implement any such exchange and the Secretary shall pay 
                for all costs to implement any such exchange.
            (3) Withdrawal.--Subject to valid existing rights, the 
        lands taken into trust under paragraph (1) and the land 
        comprising the Castle Rock Co-Stewardship Area are withdrawn 
        from--
                    (A) all forms of 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) Viewshed Rights.--Nothing in this Act provides any rights of 
property to the Burns-Paiute Tribe outside of the boundaries of the 
land described in subsection (b)(1) of section 6.
    (d) Effect on Tribal Rights and Certain Existing Uses.--Nothing in 
this section, designation or non-designation 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 access, rights-of-way, or easements; 
                or
                    (B) preexisting grazing uses and existing water 
                rights or mining claims, except as specifically 
                negotiated and agreed between the Burns Paiute Tribe, 
                the mineral claim holder, the grazing permittee and the 
                Secretary.

SEC. 7. FUTURE PROTECTION OF FIRE SUPPRESSION, INVASIVE SPECIES 
              CONTROL, AND LIVESTOCK PRODUCTION VALUES ON FEDERAL LAND 
              IN COUNTY.

    (a) Finding.--Congress finds that the protection against wildfire, 
the protection against invasive species, and the protection of 
livestock production values are an essential, important, proper, and 
compatible activities and use of--
            (1) the Federal land designated as wilderness by this Act; 
        and
            (2) the Federal land that is not designated as wilderness 
        by this Act.
    (b) The Secretary may take all and any actions, including the use 
of motorized vehicles, helicopters, or airplanes, needed to control 
wildfire and to control and eradicate invasive species on the land 
designated herein as wilderness and on the remaining Federal land not 
designated as wilderness.
    (c) Livestock shall be managed on Federal land designated as 
wilderness by this Act in accordance with the provisions of this Act.
    (d) Livestock grazing shall not be abridged, prohibited, 
restricted, or terminated on Federal land that is not designated as 
wilderness by this Act, however the Secretary shall continue management 
in accordance with the Act of June 28, 1934 (commonly known as the 
``Taylor Grazing Act'') (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et 
seq.), section 402 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1752), the provisions of this Act, and other laws 
applicable to grazing.
    (e) Livestock Grazing.--Any livestock grazing on Federal land that 
is not designated as wilderness by this Act shall continue to be 
managed in accordance with the Act of June 28, 1934 (commonly known as 
the ``Taylor Grazing Act'') (48 Stat. 1269, chapter 865; 43 U.S.C. 315 
et seq.), section 402 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1752), and other laws applicable to grazing use on the 
Federal land not designated as wilderness by this Act, including 
activities the Secretary reasonably determines necessary to carry out 
proper and practical grazing management programs on the Federal land 
that is not designated as wilderness by this Act (such as public land 
range improvement activities and wildfire control, suppression, and 
rehabilitation activities).
                                 <all>
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