I 

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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. 

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 ‘‘Oregon Owyhee Wil5 derness and Community Protection 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) COUNTY.—The term ‘‘County’’ means 

2 Malheur County, Oregon. 

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

4 means land in the County managed by the Bureau. 

5 (4) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 (5) STATE.—The term ‘‘State’’ means the State 

8 of Oregon. 

9 (6) STATE LANDS.—The term ‘‘State lands’’ 

10 means any lands owned by the State of Oregon. 

11 (7) MALHEUR C.E.O. GROUP.—The term 

12 ‘‘Malheur C.E.O. Group’’ means the group estab13 lished by section 4(b). 

14 (8) PRIVATE LANDS.—The term ‘‘Private 

15 lands’’ means any land that is privately owned, and 

16 not owned by any local, State, or Federal Govern17 ment or agency. 

18 (9) OPERATIONAL FLEXIBILITY.—The term 

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

20 the Federal land, means— 

21 (A) a seasonal adjustment of livestock po22 sitioning for the purposes of that grazing pur23 suant to a flexible grazing use authorized under 

24 the program with respect to which written no25 tice is provided; or 


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1 (B) an adjustment of water source place2 ment with respect to which written notice is 

3 provided. 

4 (10) PROGRAM.—The term ‘‘program’’ means 

5 the Malheur County Grazing Management Program 

6 authorized under section 3(a). 

7 SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PRO8 GRAM. 

9 (a) IN GENERAL.—The Secretary shall carry out a 

10 grazing management program on the Federal land, to be 

11 known as the ‘‘Malheur County Grazing Management Pro12 gram’’, in accordance with applicable law (including regu13 lations) and the memorandum entitled ‘‘Bureau of Land 

14 Management Instruction Memorandum 2018–109’’ (as in 

15 effect on September 30, 2021), for the purpose of pro16 viding to authorized grazing permittees and lessees, and 

17 for providing interim operational flexibilities as set forth 

18 herein. 

19 (b) PERMIT OPERATIONAL FLEXIBILITY.— 

20 (1) FLEXIBLE GRAZING USE ALTERNATIVE FOR

21 A GRAZING PERMIT OR LEASE.—Solely at the re22 quest of an authorized grazing permittee or lessee, 

23 for purposes of renewing a grazing permittee or les24 see’s grazing permit or lease under the program, 

25 pursuant to the National Environmental Policy Act 


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

2 shall develop and analyze at least 1 alternative to 

3 provide operational flexibility in livestock grazing use 

4 to account for changing conditions. 

5 (2) INTERIM OPERATIONAL FLEXIBILITIES.—If 

6 an applicable monitoring plan has been adopted 

7 under paragraph (3), to meet or make significant 

8 progress in meeting applicable Rangeland Health 

9 Standards and applicable livestock management ob10 jectives in the applicable land use plan, on the re11 quest of an authorized grazing permittee or lessee, 

12 the Secretary, using new and existing data, shall 

13 allow a variance to the terms and conditions of the 

14 existing applicable grazing permit or lease for the 

15 applicable year due to changes in weather, forage 

16 production, effects of fire or drought, or other tem17 porary conditions— 

18 (A) to adjust the season of use, the begin19 ning date of the period of use, the ending date 

20 of the period of use, or both the beginning date 

21 and ending date, as applicable, under the graz22 ing permit or lease, subject to the requirements 

23 that— 

24 (i) unless otherwise specified in the 

25 appropriate allotment management plan or 


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1 any other activity plan that is the func2 tional equivalent to the appropriate allot3 ment management plan under section 

4 4120.2(a)(3) of title 43, Code of Federal 

5 Regulations (or a successor regulation), 

6 the applicable adjusted date of the season 

7 of use occurs— 

8 (I) not earlier than 14 days be 

9 before the beginning date specified in 

10 the applicable permit or lease; and 

11 (II) not later than 14 days after 

12 the ending date specified in the appli13 cable permit or lease; and 

14 (ii) the authorized grazing permittee 

15 or lessee provides written notice of the ad16 justment to the Bureau not later than 2 

17 business days before the date of adjust18 ment; 

19 (B) to adjust the dates for pasture rotation 

20 by not more than 14 days, subject to the re21 quirement that the authorized grazing per22 mittee or lessee shall provide to the Bureau 

23 written notice of the adjustment not later than 

24 2 business days before the date of adjustment; 

25 and 


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1 (C) to adjust the placement of existing 

2 water structures for livestock or wildlife, subject 

3 to applicable water right laws, that any adjust4 ment should not be placed within 100 yards 

5 from any associated roads and the requirement 

6 that the authorized grazing permittee or lessee 

7 shall provide to the Bureau written notice of 

8 the adjustment not later than 2 business days 

9 before the date of adjustment. 

10 (3) MONITORING PLANS FOR PERMIT FLEXI11 BILITY.— 

12 (A) IN GENERAL.—The Secretary shall 

13 adopt cooperative rangeland monitoring plans 

14 to apply to actions taken under paragraph (2) 

15 and to monitor and evaluate current permitted 

16 livestock use upon the pasture(s) or allot17 ment(s) to be monitored as related to whether 

18 such livestock use is the significant factor or 

19 not in meeting or making significant progress 

20 in meeting applicable Rangeland Health Stand21 ards and applicable livestock management ob22 jectives in the applicable land use plan. 

23 (B) REQUIREMENTS.—A monitoring plan 

24 developed under subparagraph (A) shall be 

25 based upon existing ecological conditions with 


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1 reliance upon the ecological site descriptions, in2 cluding the State and transitions models, as de3 fined by the Chief of the Natural Resources 

4 Conservation Service, of the area to be mon5 itored, and shall— 

6 (i) evaluate the percent utilization of 

7 available forage, the existing ecological 

8 condition, and the trend of ecological con9 dition of the area to be monitored; 

10 (ii) include— 

11 (I) a description of the utilization 

12 standards for which the monitoring is 

13 tracking, including baseline ecological 

14 conditions and desired outcome eco15 logical conditions; 

16 (II) a description of utilization 

17 evaluation protocol; 

18 (III) an evaluation schedule iden19 tifying periods during which utiliza20 tion data will be collected; 

21 (IV) provisions for adjusting any 

22 components of the monitoring plan, 

23 including acceptance of data from 

24 identified third parties; and 


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1 (V) a description of the method 

2 to communicate the criteria for ad3 justing livestock grazing use based on 

4 the on-the-ground ecological condi5 tions after the period of use; and 

6 (iii) provide for annual reports on the 

7 effects of flexibility in grazing permit or 

8 lease uses under the program to allow the 

9 Secretary to make management adjust10 ments to account for the information pro11 vided in the annual report. 

12 (4) TERMS AND CONDITIONS.— 

13 (A) PREFERRED ALTERNATIVE.—If the 

14 Secretary determines that an alternative consid15 ered under the program that provides oper16 ational flexibility is the preferred alternative, 

17 the Secretary shall— 

18 (i) incorporate the alternative, includ19 ing applicable monitoring plans adopted 

20 under paragraph (3), into the terms and 

21 conditions of the applicable grazing permit 

22 or lease; and 

23 (ii) specify how the monitoring infor24 mation with respect to the preferred alterVerDate Sep 11 2014 21:57 Nov 08, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H10082.IH H10082

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1 native should be used to inform manage2 ment adjustments under the program. 

3 (B) ADDITIONAL REQUIREMENTS.—The 

4 Secretary may include any other requirements 

5 in a permit or lease with respect to which an 

6 alternative has been incorporated under sub7 paragraph (A) that the Secretary determines to 

8 be necessary. 

9 (c) NO EFFECT ON GRAZING PRIVILEGES.—Nothing 

10 in this Act— 

11 (1) affects grazing privileges provided under the 

12 Act of June 28, 1934 (commonly known as the 

13 ‘‘Taylor Grazing Act’’; 43 U.S.C. 315 et seq.); 

14 (2) requires the Secretary to consider modifying 

15 or terminating the classification of any existing graz16 ing district on the Federal land in any subsequent 

17 plan or decision of the Secretary; or 

18 (3) precludes the Secretary from modifying or 

19 terminating an existing permit or lease in accord20 ance with applicable law (including regulations). 

21 SEC. 4. MALHEUR C.E.O. GROUP. 

22 (a) DEFINITIONS.—In this section: 

23 (1) CONSENSUS.—The term ‘‘consensus’’ means 

24 a unanimous agreement by the voting members of 

25 the Malheur C.E.O. Group present and constituting 


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1 a quorum at a regularly scheduled business meeting 

2 of the Malheur C.E.O. Group. 

3 (2) FEDERAL AGENCY.— 

4 (A) IN GENERAL.—The term ‘‘Federal 

5 agency’’ means an agency or department of the 

6 Government of the United States. 

7 (B) INCLUSIONS.—The term ‘‘Federal 

8 agency’’ includes— 

9 (i) the Bureau of Reclamation; 

10 (ii) the Bureau of Indian Affairs; 

11 (iii) the Bureau; 

12 (iv) the United States Fish and Wild13 life Service; and 

14 (v) the Natural Resources Conserva15 tion Service. 

16 (3) QUORUM.—The term ‘‘quorum’’ means 1 

more than 1 17 ⁄2 of the voting members of the Malheur 

18 C.E.O. Group. 

19 (b) ESTABLISHMENT.—There is established the 

20 Malheur C.E.O. Group to assist in carrying out this sec21 tion. 

22 (c) MEMBERSHIP.— 

23 (1) IN GENERAL.—The Malheur C.E.O. Group 

24 shall consist of 8 voting members, to be appointed 

25 by the Secretary, based on recommendations from 


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1 the Vale District Bureau manager and the County 

2 commissioners, of whom— 

3 (A) 3 shall be representatives of grazing 

4 permittees and lessees in the County; 

5 (B) 3 shall be representatives of other 

6 businesses or conservation organizations in the 

7 County, of whom at least 2 shall reside in the 

8 County; and 

9 (C) 1 shall be a representative of the 

10 Burns Paiute Tribe and 1 shall be a represent11 ative of the Fort McDermott Tribe. 

12 (2) APPOINTMENT.— 

13 (A) INITIAL APPOINTMENTS.—Not later 

14 than 180 days after the date of enactment of 

15 this Act, all will be selected by the county court 

16 through submitted application by any interest 

17 parties. 

18 (B) TERMS.—Each member of the 

19 Malheur C.E.O. Group shall serve for a term of 

20 3 years. 

21 (C) REAPPOINTMENT.—A member of the 

22 Malheur C.E.O. Group may be reappointed for 

23 1 or more additional 3-year terms. 

24 (D) VACANCIES.—A vacancy on the 

25 Malheur C.E.O. Group shall be filled— 


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1 (i) as soon as practicable after the va2 cancy occurs; and 

3 (ii) in the same manner as the origi4 nal appointment. 

5 (d) PROJECTS.— 

6 (1) IN GENERAL.—The Malheur C.E.O. Group 

7 shall propose eligible projects described in paragraph 

8 (2) on Federal land and water and non-Federal land 

9 and water in the County to be carried out by the 

10 Malheur C.E.O. Group or a third party, using funds 

11 provided by the Malheur C.E.O. Group, if a con12 sensus of the Malheur C.E.O. Group approves the 

13 proposed eligible project. 

14 (2) DESCRIPTION OF ELIGIBLE PROJECTS.—An 

15 eligible project referred to in paragraph (1) is a 

16 project— 

17 (A) that complies with existing law (includ18 ing regulations); and 

19 (B) relating to— 

20 (i) ecological restoration, including de21 velopment, planning, and implementation; 

22 (ii) range improvements for the pur23 pose of providing more efficient and effec24 tive ecologically beneficial management of 

25 domestic livestock, fish, wildlife, or habitat; 


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1 (iii) invasive species management or 

2 eradication, including invasive weeds, vege3 tation, fish, or wildlife; 

4 (iv) restoration of springs and related 

5 water infrastructure to enhance the avail6 ability of sustainable flows of freshwater 

7 for livestock, fish, or wildlife; 

8 (v) conservation of cultural sites; 

9 (vi) economic development or recre10 ation management; or 

11 (vii) research, monitoring, or analysis. 

12 (3) REQUIREMENT.— 

13 (A) IN GENERAL.—In the case of an eligi14 ble project proposed under paragraph (1) that 

15 is to be carried out on Federal land or requires 

16 the use of Federal funds, the project may not 

17 be carried out without the approval of the head 

18 of the applicable Federal agency. 

19 (B) FAILURE TO APPROVE.—If an eligible 

20 project described in subparagraph (A) is not 

21 approved by the head of the applicable Federal 

22 agency, not later than 14 business days after 

23 the date on which the proposal is submitted to 

24 the head of the applicable Federal agency, the 

25 head of the Federal agency shall provide to the 


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1 Malheur C.E.O. Group in writing a description 

2 of the reasons for not approving the proposed 

3 eligible project. 

4 (4) FAILURE TO APPROVE BY CONSENSUS.—If 

5 an eligible project proposed under paragraph (1) is 

6 not agreed to by consensus after 3 votes are con7 ducted by the Malheur C.E.O. Group, the proposed 

8 eligible project may be agreed to by a quorum of the 

9 members of the Malheur C.E.O. Group, subject to 

10 the limitations that— 

11 (A) the eligible project may not be carried 

12 out on Federal land; and 

13 (B) no Federal funds may be used for an 

14 eligible project that is agreed to in accordance 

15 with this paragraph. 

16 (5) ACCEPTANCE OF DONATIONS.—The 

17 Malheur C.E.O. Group may— 

18 (A) accept and place into a trust fund any 

19 donations, grants, or other funds received by 

20 the Malheur C.E.O. Group; and 

21 (B) use amounts placed into a trust fund 

22 under paragraph (1) to carry out eligible 

23 projects approved in accordance with this sec24 tion, including eligible projects carried out on 

25 Federal land or water or using Federal funds, 


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1 if the project is approved by the head of the ap2 plicable Federal agency. 

3 (6) COST-SHARING REQUIREMENT.— 

4 (A) IN GENERAL.—The Federal share of 

5 the total cost of an eligible project carried out 

6 using amounts made available under subsection 

7 (i) shall be not more than 75 percent. 

8 (B) FORM OF NON-FEDERAL CONTRIBU9 TION.—The non-Federal contribution required 

10 under subparagraph (A) may be provided in the 

11 form of in-kind contributions. 

12 (7) FUNDING RECOMMENDATIONS.—All funding 

13 recommendations developed by the Malheur C.E.O. 

14 Group shall be based on a consensus of the Malheur 

15 C.E.O. Group members. 

16 (e) TECHNICAL ASSISTANCE.—Any Federal agency 

17 with authority and responsibility in the County shall, to 

18 the extent practicable, provide technical assistance to the 

19 Malheur C.E.O. Group on request of the Malheur C.E.O. 

20 Group. 

21 (f) PUBLIC NOTICE AND PARTICIPATION.—The 

22 Malheur C.E.O. Group shall conduct all meetings subject 

23 to applicable open meeting and public participation laws. 

24 (g) PRIORITIES.—For purposes of approving eligible 

25 projects proposed under subsection (d)(1), the Malheur 


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1 C.E.O. Group shall give priority to voluntary habitat, 

2 range, and ecosystem restoration projects focused on im3 proving the long-term ecological health of the Federal land 

4 and natural bodies of water. 

5 (h) ADDITIONAL PROJECTS.—To the extent per6 mitted by applicable law and subject to the availability of 

7 appropriations, Federal agencies may contribute to the im8 plementation of projects recommended by the Malheur 

9 C.E.O. Group and approved by the Secretary. 

10 (i) EFFECT.— 

11 (1) EXISTING ACTIVITIES.—The activities of 

12 the Malheur C.E.O. Group shall supplement, and 

13 not replace, existing activities to manage the natural 

14 resources of the County. 

15 (2) LEGAL RIGHTS, DUTIES, OR AUTHORI16 TIES.—Nothing in this section affects any legal 

17 right, duty, or authority of any person or Federal 

18 agency, including any member of the Malheur 

19 C.E.O. Group. 

20 SEC. 5. WILDERNESS DESIGNATIONS AND OTHER LAND 

21 DESIGNATIONS AND RELATED MANAGEMENT 

22 TO DESIGNATIONS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) MAP.—The term ‘‘Map’’ means each of: 


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1 (A) Wilderness Area Maps exhibits 1 

2 through 17. 

3 (B) Existing Road Maps-Roads Exhibits 1 

4 through 6. 

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

6 area’’ means a wilderness area designated by sub7 section (b)(1). 

8 (b) DESIGNATION OF WILDERNESS AREAS.— 

9 (1) IN GENERAL.—In accordance with the Wil10 derness Act (16 U.S.C. 1131 et seq.), the following 

11 Federal land in the County comprising approxi12 mately 926,588 acres, as generally depicted on the 

13 Map, is designated as wilderness and as components 

14 of the National Wilderness Preservation System: 

15 (A) FIFTEENMILE CREEK WILDERNESS.— 

16 Certain Federal land, comprising approximately 

17 61,647 acres, as generally depicted on the Map, 

18 which shall be known as the ‘‘Fifteenmile Creek 

19 Wilderness’’. 

20 (B) OREGON CANYON MOUNTAINS WILDER21 NESS.—Certain Federal land, comprising ap22 proximately 53,559 acres, as generally depicted 

23 on the Map, which shall be known as the ‘‘Or24 egon Canyon Mountains Wilderness’’. 


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1 (C) TWELVEMILE CREEK WILDERNESS.— 

2 Certain Federal land, comprising approximately 

3 38,099 acres, as generally depicted on the Map, 

4 which shall be known as the ‘‘Twelvemile Creek 

5 Wilderness’’. 

6 (D) UPPER WEST LITTLE OWYHEE WIL7 DERNESS.—Certain Federal land, comprising 

8 approximately 93,199 acres, as generally de9 picted on the Map, which shall be known as the 

10 ‘‘Upper West Little Owyhee Wilderness’’. 

11 (E) LOOKOUT BUTTE WILDERNESS.—Cer12 tain Federal land, comprising approximately 

13 66,242 acres, as generally depicted on the Map, 

14 which shall be known as the ‘‘Lookout Butte 

15 Wilderness’’. 

16 (F) MARY GAUTREAUX OWYHEE RIVER

17 CANYON WILDERNESS.—Certain Federal land, 

18 comprising approximately 211,679 acres, as 

19 generally depicted on the Map, which shall be 

20 known as the ‘‘Mary Gautreaux Owyhee River 

21 Canyon Wilderness’’. 

22 (G) JORDAN CRATERS WILDERNESS.—Cer23 tain Federal land, comprising approximately 

24 29,255 acres, as generally depicted on the Map, 


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1 which shall be known as the ‘‘Jordan Craters 

2 Wilderness’’. 

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

5 31,637 acres, as generally depicted on the Map, 

6 which shall be known as the ‘‘Owyhee Breaks 

7 Wilderness’’. 

8 (I) 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 (J) DRY CREEK BUTTES WILDERNESS.— 

13 Certain Federal land, comprising approximately 

14 88,289 acres, as generally depicted on the Map, 

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

16 Wilderness’’. 

17 (K) UPPER LESLIE GULCH WILDER18 NESS.—Certain Federal land, comprising ap19 proximately 2,997 acres, as generally depicted 

20 on the Map, which shall be known as the 

21 ‘‘Upper Leslie Gulch Wilderness’’. 

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

24 7,534 acres, as generally depicted on the Map, 


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1 which shall be known as the ‘‘Slocum Creek 

2 Wilderness’’. 

3 (M) HONEYCOMBS WILDERNESS.—Certain 

4 Federal land, comprising approximately 41,122 

5 acres, as generally depicted on the Map, which 

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

8 (N) COTTONWOOD CREEK WILDERNESS.— 

9 Certain Federal land, comprising approximately 

10 72,597 acres, as generally depicted on the Map, 

11 which shall be known as the ‘‘Cottonwood Creek 

12 Wilderness’’. 

13 (O) LOWER OWYHEE CANYON WILDER14 NESS.—Certain Federal land, comprising ap15 proximately 77,121 acres, as generally depicted 

16 on the Map, which shall be known as the 

17 ‘‘Lower Owyhee Canyon Wilderness’’. 

18 (P) WILD HORSE BASIN WILDERNESS.— 

19 Certain Federal land, comprising approximately 

20 18,402 acres, as generally depicted on the Map, 

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

22 Wilderness’’. 

23 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

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1 retary shall prepare a map and legal description 

2 of each wilderness area. 

3 (B) EFFECT.—Each map and legal de4 scription prepared under subparagraph (A) 

5 shall have the same force and effect as if in6 cluded in this Act, except that the Secretary 

7 may correct clerical and typographical errors in 

8 the map or legal description. 

9 (C) PUBLIC AVAILABILITY.—The maps 

10 and legal descriptions prepared under subpara11 graph (A) shall be on file and available for pub12 lic inspection in the appropriate offices of the 

13 Bureau. 

14 (3) MANAGEMENT.— 

15 (A) IN GENERAL.—Subject to valid exist16 ing rights, the wilderness areas shall be admin17 istered by the Secretary in accordance with the 

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

19 that— 

20 (i) any reference in that Act to the ef21 fective date of that Act shall be considered 

22 to be a reference to the date of enactment 

23 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, in 

6 the wilderness areas, if established before the 

7 date of enactment of this Act, in accordance 

8 with— 

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

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

11 (ii) the ‘‘guidelines and policies’’ set 

12 forth in Appendix A of the report of the 

13 Committee on Interior and Insular Affairs 

14 of the House of Representatives accom15 panying H.R. 2570 of the 101st Congress 

16 (H. Rept. 101–405 dated February 21, 

17 1990). 

18 The ‘‘number of livestock permitted’’ as used in 

19 ‘‘guideline and policy’’ number 1 shall mean the 

20 ‘‘Permitted use’’ animal unit months prescribed 

21 in the existing Grazing Permits upon enactment 

22 of this Act, in addition to any Nonrenewal 

23 Grazing Permits issued by the Bureau within a 

24 10-year period before enactment of this Act. 

25 Said Appendix A shall control over of clause (i). 


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1 (C) ROADS ADJACENT TO AND WITHIN

2 WILDERNESS AREAS.—The Secretary shall 

3 allow the continuation of motorized use of road 

4 access upon the cherry stem roads shown in Ex5 hibits 1 to 6 on the Road Map noted in section 

6 5(a)(1)(A) and shall allow the continuation of 

7 motorized use of road access in any wilderness 

8 designated in subsection (b)(1) to that access 

9 allowed in accordance with section 4(c) of the 

10 Wilderness Act (16 U.S.C. 1133(c)). 

11 (i) Nothing in this Act requires any 

12 restriction, inclusive of closure or seasonal 

13 closure, of any road outside but adjacent 

14 to the boundary of any wilderness designed 

15 in subsection (b)(1). 

16 (ii) The Secretary shall provide rea17 sonable access to any private lands, State 

18 lands, or tribal lands within the boundaries 

19 of any wilderness designated in subsection 

20 (b)(1), or to any Private lands, State 

21 lands, or Tribal lands near or adjacent to 

22 any wilderness area that require reasonable 

23 road access across any wilderness area if 

24 road access is not otherwise provided 

25 under subsection (a)(1)(A). For purposes 


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1 of this clause, the term ‘‘reasonable ac2 cess’’ includes any road existing on the 

3 date of enactment of this Act. Any road 

4 within or across any wilderness designated 

5 in subsection (b)(1) shall be not less than 

6 30-feet on each side of the centerline of the 

7 road. 

8 (iii) This Act shall not preclude use 

9 on any wilderness in subsection (b)(1) of 

10 mechanical equipment including chainsaws, 

11 backhoe excavators, caterpillar tractors, or 

12 the like for the purpose of wildfire suppres13 sion, invasive species control, activities nec14 essary for management of livestock present 

15 on the land under grazing permits (includ16 ing but not limited to distribution of salt, 

17 maintenance on the roads, replacement or 

18 repair of water facilities and fencing, doc19 toring cattle, dispersing of livestock, or 

20 gathering, or removal of livestock). 

21 (iv) Motorized use of those roads iden22 tified in subsection (a)(1)(A) shall include 

23 use by the following: 

24 (I) members of the Burns-Paiute 

25 Tribe (for cultural purposes only); 


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1 (II) the Bureau for fire suppres2 sion, invasive weed control, and range 

3 management activities; 

4 (III) grazing permittees and their 

5 agents and invitees for road mainte6 nance, distribution of salt, replace7 ment and repair of water facilities, re8 placement and repair of fencing, pred9 ator control, and invasive weed control 

10 (as allowed by the Bureau), fire sup11 pression, and livestock management; 

12 (IV) private land owners and 

13 their agents, contractors, employees, 

14 and invitees as related to access to 

15 their private land, as provided for in 

16 clause (ii); and 

17 (V) the county and the State and 

18 their agents, contractors and employ19 ees as related to access to State lands 

20 and to access to any county public 

21 roads, as provided for in as provided 

22 for in clause (ii). 

23 (D) FISH AND WILDLIFE MANAGEMENT

24 ACTIVITIES.— 


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1 (i) IN GENERAL.—In furtherance of 

2 the purposes and principles of the Wilder3 ness Act (16 U.S.C. 1131 et seq.), the Sec4 retary may conduct any management ac5 tivities that are necessary to maintain or 

6 restore fish and wildlife populations and 

7 habitats in the wilderness areas, if the 

8 management activities are— 

9 (I) consistent with applicable wil10 derness management plans; and 

11 (II) conducted in accordance with 

12 the ‘‘General Policy’’ inclusive of the 

13 ‘‘Guidelines’’ therein established in 

14 Appendix B of the report of the Com15 mittee on Interior and Insular Affairs 

16 of the House of Representatives ac17 companying H.R. 2570 of the 101st 

18 Congress (House Report 101–405 

19 dated February 21, 1990). 

20 (ii) INCLUSIONS.—Management activi21 ties under clause (i) may include the occa22 sional and temporary use of motorized ve23 hicles, if the use, as determined by the 

24 Secretary, would promote healthy, viable, 

25 and more naturally distributed wildlife 


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1 populations that would enhance wilderness 

2 values while causing the minimum impact 

3 necessary to accomplish those tasks. 

4 (E) EXISTING ACTIVITIES.—Consistent 

5 with section 4(d)(1) of the Wilderness Act (16 

6 U.S.C. 1133(d)(1)) and in accordance with ap7 propriate policies, such as the policies estab8 lished in Appendix B of the report of the Com9 mittee on Interior and Insular Affairs of the 

10 House of Representatives accompanying H.R. 

11 2570 of the 101st Congress (House Report 

12 101–405 dated February 21, 1990), the State 

13 may use aircraft (including helicopters) in the 

14 wilderness areas to survey capture, transplant, 

15 monitor, and provide water for wildlife popu16 lations, including bighorn sheep and feral stock, 

17 feral horses, and feral burros. 

18 (c) MANAGEMENT OF FEDERAL LAND NOT DES19 IGNATED AS WILDERNESS.— 

20 (1) FINDING.—Congress finds that, for pur21 poses of section 201(a) and section 603(c) of the 

22 Federal Land Policy and Management Act of 1976 

23 (43 U.S.C. 1711(a); 1782(c)), the Federal land des24 ignated in this Act as wilderness and all other FedVerDate Sep 11 2014 21:57 Nov 08, 2024 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H10082.IH H10082

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1 eral land in the County has been adequately inven2 toried and studied to allow for wilderness purposes. 

3 (2) REDESIGNATION.—All Federal land man4 aged by the Bureau in the County not included in 

5 the land designated herein as wilderness and all 

6 other Federal land described in paragraph (1)— 

7 (A) is released and is no longer subject to 

8 section 603(c) of the Federal Land Policy and 

9 Management Act of 1976 (43 U.S.C. 1782(c)) 

10 for wilderness study area purposes; 

11 (B) is no longer subject to section 201(a) 

12 of the Federal Land Policy and Management 

13 Act of 1976 (43 U.S.C. 1711(a)) for wilderness 

14 purposes; and 

15 (C) shall be managed for values unrelated 

16 to wilderness purposes and shall be managed 

17 for the principal or major uses (as defined in 

18 section 103(l) of the Federal Land Policy and 

19 Management Act of 1976 (43 U.S.C. 1702(l))), 

20 in accordance with any applicable land use plan 

21 adopted under section 202 of that Act (43 

22 U.S.C. 1712). 

23 (d) THE AMENDED NOTICE.—Three years after the 

24 date of enactment of this Act, and to conform to give ef25 fect to this Act, the Secretary shall initiate a process to 


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1 amend the notice entitled ‘‘Notice of Availability of the 

2 Record of Decision and Approved Resource Management 

3 Plan Amendment for the Southeastern Oregon Resource 

4 Management Plan, Vale District, Oregon’’ published by 

5 the Bureau of Land Management in the Federal Register 

6 on February 2, 2024 (89 Fed. Reg. 14090) and amended 

7 on February 26, 2024. This amendment shall include the 

8 associated Wilderness Plan for the designated wilderness 

9 established in this Act and shall include a Travel Manage10 ment Plan. The Secretary shall complete the land use plan 

11 amended process within 24 months after initiation of the 

12 process to amend in accordance with section 202 of the 

13 Federal Land Policy and Management Act of 1976 (43 

14 U.S.C. 1712). 

15 (e) LIMITATION ON CERTAIN RESTRICTIONS BY THE

16 BUREAU RELATING TO FEDERAL LANDS UNDER THE

17 SOUTHEASTERN OREGON RESOURCE MANAGEMENT

18 PLAN NOT DESIGNATED AS WILDERNESS IN THIS ACT.— 

19 (1) ROAD MAPS.—Not later than 60 days after 

20 the date of the enactment of this Act, the Secretary 

21 shall publish a map depicting all existing roads on 

22 lands marked as ‘‘Unit Protected for Wilderness 

23 Characteristics’’ and ‘‘Unit Managed for Other Re24 sources’’ in the notice entitled ‘‘Notice of Availability 

25 of the Record of Decision and Approved Resource 


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1 Management Plan Amendment for the Southeastern 

2 Oregon Resource Management Plan, Vale District, 

3 Oregon’’ published by the Bureau of Land Manage4 ment in the Federal Register on February 2, 2024 

5 (89 Fed. Reg. 14090) and amended on February 26, 

6 2024. 

7 (2) ACCESS.—The Secretary shall not restrict 

8 the use of motorized vehicles on the roads described 

9 in paragraph (1) or on lands designated as ‘‘Unit 

10 Protected for Wilderness Characteristics’’ or ‘‘Unit 

11 Managed for Other Resources’’ in the notice de12 scribed in paragraph (1) for— 

13 (A) members of the Burns-Paiute Tribe; 

14 (B) livestock grazing permittees; 

15 (C) the Bureau as necessary for range 

16 management including mechanical suppression 

17 of fire or invasive weeds; 

18 (D) private land owners and their agents, 

19 contractors, employees, and invitees as related 

20 to access to their private land; and 

21 (E) the county and the State and their 

22 agents, contractors, and employees as related to 

23 access to State lands and to access to any coun24 ty public roads. 


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1 (3) GRAZING.—The Secretary shall not reduce 

2 or restrict grazing of permittees or lessees on the 

3 Federal land designated as ‘‘Unit Protected for Wil4 derness Characteristics’’ or ‘‘Unit Managed for 

5 Other Resources’’ in the notice described in para6 graph (1). 

7 (4) CONTINUATION OF LIMITATIONS.—The lim8 itations in this subsection shall be carried forward in 

9 the amended land use plan as prescribed to be devel10 oped in accordance with subsection (e). 

11 SEC. 6. LAND CONVEYANCES TO BURNS PAIUTE TRIBE AND 

12 CASTLE ROCK CO-STEWARDSHIP AREA. 

13 (a) JONESBORO RANCH, ROAD GULCH, AND BLACK

14 CANYON LAND CONVEYANCES.— 

15 (1) CONVEYANCE AND TAKING INTO TRUST.— 

16 (A) TITLE.—As soon as practicable after 

17 the date of enactment of this Act, the Secretary 

18 shall accept title to the land described in para19 graph (2), if conveyed or otherwise transferred 

20 to the United States by, or on behalf of, the 

21 Burns Paiute Tribe. 

22 (B) TRUST.—Land to which title is accept23 ed by the Secretary under subparagraph (A) 

24 shall be held in trust by the United States for 

25 the benefit of the Burns Paiute Tribe. 


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1 (2) DESCRIPTION OF LAND.—The land referred 

2 to in paragraph (1)(A) is the following: 

3 (A) JONESBORO RANCH.—The parcel com4 monly known as ‘‘Jonesboro Ranch’’, located 

5 approximately 6 miles east of Juntura, Oregon, 

6 consisting of 21,548 acres of Federal land, 

7 6,686 acres of certain private land owned by 

8 the Burns Paiute Tribe and associated with the 

9 Jonesboro Ranch containing the pastures re10 ferred to as ‘‘Saddle Horse’’ and ‘‘Trail Horse’’, 

11 ‘‘Indian Creek’’, ‘‘Sperry Creek’’, ‘‘Antelope 

12 Swales’’, ‘‘Horse Camp’’, ‘‘Dinner Creek’’, 

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

14 more particularly described as follows: 

15 (i) T. 20 S., R. 38 E., secs. 25 and 

16 36, Willamette Meridian. 

17 (ii) T. 20 S., R. 39 E., secs. 25–36, 

18 Willamette Meridian. 

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

20 and 32, Willamette Meridian. 

21 (iv) T. 21 S., R. 39 E., secs. 1–18, 

22 20–29, and 32–36, Willamette Meridian. 

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

24 19, 30, and 31, Willamette Meridian. 


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1 (vi) T. 22 S., R. 39 E., secs. 1–5, 8, 

2 and 9, Willamette Meridian. 

3 (B) ROAD GULCH; BLACK CANYON.—The 

4 approximately 4,137 acres of State land con5 taining the pastures referred to as ‘‘Road 

6 Gulch’’ and ‘‘Black Canyon’’ and more particu7 larly described as follows: 

8 (i) T. 20 S., R. 39 E., secs. 10, 11, 

9 15, 14, 13, 21–28, and 36, Willamette Me10 ridian. 

11 (ii) T 20 S., R. 40 E., secs. 19, 30, 

12 31, and 32, Willamette Meridian. 

13 (3) APPLICABLE LAW.—Land taken into trust 

14 under paragraph (1)(B) shall be administered in ac15 cordance with the laws (including regulations) gen16 erally applicable to property held in trust by the 

17 United States for the benefit of an Indian Tribe. 

18 (4) MAP OF TRUST LAND.—As soon as prac19 ticable after the date of enactment of this Act, the 

20 Secretary shall prepare a map depicting the land 

21 taken into trust under paragraph (1)(B). 

22 (5) LAND EXCHANGE.—Not later than 3 years 

23 after the date of enactment of this Act, the Sec24 retary shall seek to enter into an agreement with the 

25 State under which the Secretary would exchange 


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1 Federal land for the portions of the area described 

2 in paragraph (2)(B) that are owned by the State. 

3 (b) CASTLE ROCK LAND TO BE HELD IN TRUST

4 AND CO-STEWARDSHIP AREA.— 

5 (1) LAND TO BE HELD IN TRUST.—All right, 

6 title, and interest of the United States in and to the 

7 approximately 2,500 acres of land in the Castle 

8 Rock Wilderness Study Area, as depicted on the 

9 map entitled ‘‘Proposed Wilderness Malheur Coun10 ty’’ and dated June 7, 2023, shall be held in trust 

11 by the United States for the benefit of the Burns 

12 Paiute Tribe. 

13 (A) GRAZING ON LAND TO BE HELD IN

14 TRUST.— 

15 (i) The Bureau shall continue to allow 

16 and manage grazing within the Land to be 

17 held in Trust under applicable law. 

18 (ii) Should the Burns Paiute Tribe 

19 decide, in its sole discretion, to cancel 

20 grazing within the Land to be held in 

21 Trust, i.e., ‘‘Trust Land’’, then— 

22 (I) the Tribe shall give the Bu23 reau notice of cancellation of Per24 mitted Use Animal Unit Months with25 in the Trust Land; 


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1 (II) upon receipt of the notice 

2 from the Tribe, the Bureau shall con3 form to the requirements in section 

4 4110.4–2 of title 43, Code of Federal 

5 Regulations (10/1/2005 Edition), to 

6 cancel any Permitted Use Animal 

7 Unit Months within the Trust Land, 

8 except that, in addition to payment 

9 for the reasonable compensation for 

10 the value of any public land range im11 provements within the Trust Land as 

12 provided for in 43 CFR 4110.4–2(b) 

13 (10/1/2005 Edition), the Grazing Per14 mittee(s) shall also be paid by the 

15 Tribe, at its sole expense, the sum of 

16 $100 per each Permitted Use Animal 

17 Unit Month that is cancelled; and 

18 (III) upon the effectiveness of the 

19 cancellation of grazing within the 

20 Trust Land, the Tribe shall fence out, 

21 at its sole expense, and shall maintain 

22 the fence, at its sole expense, the 

23 Trust Land from the adjacent land to 

24 ensure no drift of livestock occurs 

25 from adjacent land. Should the Tribe 


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1 not timely fence out the Trust Land, 

2 or maintain the fence, then any Graz3 ing Permittee(s) shall not be subject 

4 to any unauthorized use for any drift 

5 of livestock into the Trust Land from 

6 adjacent land. 

7 (2) CASTLE ROCK CO-STEWARDSHIP AREA.— 

8 (A) MEMORANDUM OF UNDERSTANDING.— 

9 (i) IN GENERAL.—As soon as prac10 ticable after the date of enactment of this 

11 Act, the Secretary shall seek to enter into 

12 a memorandum of understanding with the 

13 Burns Paiute Tribe to provide for the co14 stewardship of the area depicted as ‘‘Castle 

15 Rock Co-Stewardship Area’’ on the map 

16 entitled ‘‘Proposed Wilderness Malheur 

17 County’’ and dated June 7, 2023, to be 

18 known as the ‘‘Castle Rock Co-Steward19 ship Area’’. 

20 (ii) REQUIREMENT.—The memo21 randum of understanding entered into 

22 under clause (i) shall ensure that the Cas23 tle Rock Co-Stewardship Area is managed 

24 in a manner that— 


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1 (I) ensures that Tribal interests 

2 therein are considered; 

3 (II) provides for protection of 

4 cultural and archaeological resources; 

5 located thereon; 

6 (III) provides for the protection 

7 of natural resources with cultural sig8 nificance located thereon; 

9 (IV) protects the interests of 

10 those who hold livestock grazing per11 mits on this land and maintain such 

12 grazing entitlements in accordance 

13 with applicable law, inclusive of the 

14 Taylor Grazing Act (43 U.S.C. 315 et 

15 seq.); and 

16 (V) does not extend beyond the 

17 boundaries of the co-stewardship area. 

18 (B) MANAGEMENT AGREEMENTS.—In ac19 cordance with applicable law (including regula20 tions) and subject to existing or extended live21 stock grazing permits, the Secretary may enter 

22 into 1 or more management agreements with 

23 the Burns Paiute Tribe to authorize the Burns 

24 Paiute Tribe to carry out management activities 

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1 cordance with the memorandum of under2 standing entered into under subparagraph 

3 (A)(i). 

4 (C) GRAZING.—The management and 

5 grazing of livestock in the Castle Rock Co-Stew6 ardship Area, as established before the date of 

7 enactment of this Act, shall be permitted to 

8 continue and shall not be limited or abridged by 

9 activities set forth in subparagraphs (A) and 

10 (B). 

11 (D) WATER RIGHTS.—Nothing in this 

12 paragraph— 

13 (i) expands, creates, or affects any re14 served, or otherwise existing water rights; 

15 or 

16 (ii) provides the Burns Paiute Tribe 

17 with any new water right or claim. 

18 (E) CO-MANAGEMENT ACTIVITIES.—Noth19 ing in this paragraph shall be construed to 

20 allow co-management activities to extend be21 yond the areas designated as the Castle Rock 

22 Co-Stewardship Area. 

23 (F) LAND EXCHANGE ACTIVITIES.—Any 

24 private land within the Castle Rock Co-Stew25 ardship Area, inclusive of the private land in 


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1 T18S R37E section 4, NENW and NESE, 

2 shall be subject to a land exchange with any 

3 private landowner who desires and elects to co4 operate in a land exchange with the Bureau. 

5 Any public land offered in exchange with the 

6 private land shall be adjacent to any other pri7 vate land owned by the cooperating private 

8 landowner within the county, and shall be 

9 agreeable to the cooperating private landowner. 

10 The Secretary shall coordinate with any cooper11 ating private landowner to implement and to 

12 complete any such exchange within 24-months 

13 of initiation of such process by a private land14 owner. The Secretary shall prepare any docu15 ments necessary to implement any such ex16 change and the Secretary shall pay for all costs 

17 to implement any such exchange. 

18 (3) WITHDRAWAL.—Subject to valid existing 

19 rights, the lands taken into trust under paragraph 

20 (1) and the land comprising the Castle Rock Co21 Stewardship Area are withdrawn from— 

22 (A) all forms of appropriation, and dis23 posal under the public land laws; 

24 (B) location, entry, and patent under the 

25 mining laws; and 


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1 (C) operation of the mineral leasing and 

2 geothermal leasing laws and mineral materials 

3 laws. 

4 (c) VIEWSHED RIGHTS.—Nothing in this Act pro5 vides any rights of property to the Burns-Paiute Tribe 

6 outside of the boundaries of the land described in sub7 section (b)(1) of section 6. 

8 (d) EFFECT ON TRIBAL RIGHTS AND CERTAIN EX9 ISTING USES.—Nothing in this section, designation or 

10 non-designation of land transferred into trust to be held 

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

12 Tribe under this section— 

13 (1) alters, modifies, enlarges, diminishes, or ab14 rogates rights secured by a treaty, statute, Executive 

15 order, or other Federal law of any Indian Tribe, in16 cluding off-reservation reserved rights; or 

17 (2) affects— 

18 (A) existing access, rights-of-way, or ease19 ments; or 

20 (B) preexisting grazing uses and existing 

21 water rights or mining claims, except as specifi22 cally negotiated and agreed between the Burns 

23 Paiute Tribe, the mineral claim holder, the 

24 grazing permittee and the Secretary. 


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1 SEC. 7. FUTURE PROTECTION OF FIRE SUPPRESSION, 

2 INVASIVE SPECIES CONTROL, AND LIVE3 STOCK PRODUCTION VALUES ON FEDERAL 

4 LAND IN COUNTY. 

5 (a) FINDING.—Congress finds that the protection 

6 against wildfire, the protection against invasive species, 

7 and the protection of livestock production values are an 

8 essential, important, proper, and compatible activities and 

9 use of— 

10 (1) the Federal land designated as wilderness 

11 by this Act; and 

12 (2) the Federal land that is not designated as 

13 wilderness by this Act. 

14 (b) The Secretary may take all and any actions, in15 cluding the use of motorized vehicles, helicopters, or air16 planes, needed to control wildfire and to control and eradi17 cate invasive species on the land designated herein as wil18 derness and on the remaining Federal land not designated 

19 as wilderness. 

20 (c) Livestock shall be managed on Federal land des21 ignated as wilderness by this Act in accordance with the 

22 provisions of this Act. 

23 (d) Livestock grazing shall not be abridged, prohib24 ited, restricted, or terminated on Federal land that is not 

25 designated as wilderness by this Act, however the Sec26 retary shall continue management in accordance with the 


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1 Act of June 28, 1934 (commonly known as the ‘‘Taylor 

2 Grazing Act’’) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 

3 et seq.), section 402 of the Federal Land Policy and Man4 agement Act of 1976 (43 U.S.C. 1752), the provisions of 

5 this Act, and other laws applicable to grazing. 

6 (e) LIVESTOCK GRAZING.—Any livestock grazing on 

7 Federal land that is not designated as wilderness by this 

8 Act shall continue to be managed in accordance with the 

9 Act of June 28, 1934 (commonly known as the ‘‘Taylor 

10 Grazing Act’’) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 

11 et seq.), section 402 of the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1752), and other laws 

13 applicable to grazing use on the Federal land not des14 ignated as wilderness by this Act, including activities the 

15 Secretary reasonably determines necessary to carry out 

16 proper and practical grazing management programs on 

17 the Federal land that is not designated as wilderness by 

18 this Act (such as public land range improvement activities 

19 and wildfire control, suppression, and rehabilitation activi20 ties). 

Æ 


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