II 

118TH CONGRESS 

2D SESSION S. 5360 

To establish the Sutton Mountain National Monument, to authorize certain 

land exchanges in the State of Oregon, to convey certain Bureau of 

Land Management land in the State of Oregon to the city of Mitchell, 

Oregon, for conservation, economic, and community development purposes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2024 

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

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

A BILL 

To establish the Sutton Mountain National Monument, to 

authorize certain land exchanges in the State of Oregon, 

to convey certain Bureau of Land Management land 

in the State of Oregon to the city of Mitchell, Oregon, 

for conservation, economic, and community development 

purposes, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Sutton Mountain and 

3 Painted Hills Area Wildfire Resiliency Preservation and 

4 Economic Enhancement Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) ACTIVE HABITAT RESTORATION.—The term 

8 ‘‘active habitat restoration’’ means, with respect to 

9 an area, to restore and enhance the ecological health 

10 of the area through the use of management tools 

11 consistent with this Act. 

12 (2) CITY.—The term ‘‘City’’ means the city of 

13 Mitchell, Oregon. 

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

15 Wheeler County, Oregon. 

16 (4) ECOLOGICAL HEALTH.—The term ‘‘ecologi17 cal health’’ means the ability of the ecological proc18 esses of a native ecosystem to function in a manner 

19 that maintains the structure, composition, activity, 

20 and resilience of the ecosystem over time, including 

21 an ecologically appropriate diversity of plant and 

22 animal communities, habitats, and conditions that 

23 are sustainable through successional processes. 

24 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

25 has the meaning given the term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304). 

3 (6) LANDOWNER.—The term ‘‘landowner’’ 

4 means an owner of non-Federal land that enters into 

5 a land exchange with the Secretary under section 

6 4(a). 

7 (7) LOWER UNIT.—The term ‘‘Lower Unit’’ 

8 means the area that consists of the approximately 

9 27,184 acres of land generally depicted as ‘‘Pro10 posed National Monument-Lower Unit’’ on the Map. 

11 (8) MANAGEMENT PLAN.—The term ‘‘manage12 ment plan’’ means the management plan for the 

13 Monument developed by the Secretary under section 

14 3(d)(2). 

15 (9) MAP.—The term ‘‘Map’’ means the map 

16 prepared by the Bureau of Land Management enti17 tled ‘‘Sutton Complex-Painted Hills National Monu18 ment Proposal’’ and dated November 12, 2024. 

19 (10) MONUMENT.—The term ‘‘Monument’’ 

20 means the Sutton Mountain National Monument es21 tablished by section 3(a). 

22 (11) PASSIVE HABITAT MANAGEMENT.—The 

23 term ‘‘passive habitat management’’ means those ac24 tions that are proposed or implemented to address 

25 degraded or non-functioning resource conditions that 


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1 are expected to improve the ecological health of the 

2 area without additional on-the-ground actions, such 

3 that resource objectives and desired outcomes are 

4 anticipated to be reached without additional human 

5 intervention. 

6 (12) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of the Interior. 

8 (13) STATE.—The term ‘‘State’’ means the 

9 State of Oregon. 

10 (14) UPPER UNIT.—The term ‘‘Upper Unit’’ 

11 means the area that consists of the approximately 

12 38,023 acres of land generally depicted as ‘‘Pro13 posed National Monument-Upper Unit’’ on the Map. 

14 SEC. 3. ESTABLISHMENT OF SUTTON MOUNTAIN NATIONAL 

15 MONUMENT. 

16 (a) IN GENERAL.—There is established in the State 

17 the Sutton Mountain National Monument, consisting of 

18 the following 2 management units, as generally depicted 

19 on the Map: 

20 (1) Upper Unit. 

21 (2) Lower Unit. 

22 (b) PURPOSE.—The purpose of the Monument is to 

23 conserve, protect, and manage the long-term ecological in24 tegrity of Sutton Mountain and the surrounding area for 

25 the benefit of present and future generations. 


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1 (c) OBJECTIVES.—To further the purpose of the 

2 Monument described in subsection (b), and consistent with 

3 that purpose, the Secretary shall manage the Monument 

4 for the benefit of present and future generations— 

5 (1) to conserve, interpret, and enhance for the 

6 benefit of present and future generations the paleon7 tological and cultural resources of Sutton Mountain 

8 and the surrounding area; 

9 (2) to promote the scientific and educational 

10 values of the Monument; 

11 (3) to maintain sustainable grazing on the Fed12 eral land within the Upper Unit and Lower Unit, in 

13 accordance with applicable Federal law; 

14 (4) to promote recreation, historical, cultural, 

15 and other uses that are sustainable, in accordance 

16 with applicable Federal law; 

17 (5) to ensure the conservation, protection, res18 toration, and improved management of the ecologi19 cal, social, and economic environment of the Monu20 ment, including geological, paleontological, biological, 

21 wildlife, riparian, and scenic resources; and 

22 (6) to restore wildfire resiliency within the 

23 Monument and the surrounding area, including 

24 through juniper removal and habitat restoration, as 

25 appropriate. 


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1 (d) MANAGEMENT AUTHORITIES.— 

2 (1) IN GENERAL.—The Secretary (acting 

3 through the Director of the Bureau of Land Man4 agement) shall manage the Monument in accordance 

5 with— 

6 (A) the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1701 et seq.) and 

8 other applicable laws; and 

9 (B) this Act. 

10 (2) MANAGEMENT PLAN.— 

11 (A) IN GENERAL.—Not later than 3 years 

12 after the date of enactment of this Act, the Sec13 retary shall develop a comprehensive manage14 ment plan for the long-term conservation and 

15 management of the Monument that fulfills the 

16 purpose of the Monument described in sub17 section (b). 

18 (B) REQUIREMENTS.—The management 

19 plan developed under subparagraph (A) shall— 

20 (i) describe the appropriate uses and 

21 management of each of the Upper Unit 

22 and the Lower Unit, consistent with the 

23 purposes and objectives of this Act; 


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1 (ii) include an assessment of ecologi2 cal conditions of the Monument, including 

3 an assessment of— 

4 (I) the status, causes, and rate of 

5 juniper encroachments at the Monu6 ment; and 

7 (II) the ecological impacts of the 

8 juniper encroachments at the Monu9 ment; 

10 (iii) identify science-based, short-term 

11 and long-term, active habitat restoration 

12 and passive habitat management actions— 

13 (I) to reduce wildfire risk and 

14 improve the resilience of native plant 

15 communities; and 

16 (II) to restore historical native 

17 vegetation communities, including the 

18 prioritization of the removal of 

19 invasive annual grasses and juniper 

20 trees in the Lower Unit; 

21 (iv) include a habitat restoration op22 portunities component that prioritizes— 

23 (I) restoration within the Lower 

24 Unit; and 


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1 (II) maintenance of the existing 

2 wilderness characteristics of the 

3 Upper Unit; 

4 (v) include a riparian conservation 

5 and restoration component to support 

6 anadromous and other native fish, wildlife, 

7 and other riparian resources and values in 

8 the monument; 

9 (vi) include a recreational enhance10 ment component that prioritizes— 

11 (I) new and expanded opportuni12 ties for mechanized and nonmecha13 nized recreation in the Lower Unit; 

14 and 

15 (II) enhancing nonmechanized, 

16 primitive, and unconfined recreation 

17 opportunities in the Upper Unit; 

18 (vii) include an active habitat restora19 tion component that prioritizes, with re20 spect to the Lower Unit— 

21 (I) the restoration of native eco22 systems; 

23 (II) the enhancement of recre24 ation and grazing activities; and 


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1 (III) activities that will reduce 

2 wildfire risk; 

3 (viii) include a passive habitat man4 agement component that prioritizes, with 

5 respect to the Upper Unit— 

6 (I) the restoration of native eco7 systems; and 

8 (II) management activities that 

9 will reduce the risk of wildfire; 

10 (ix) determine measurable and achiev11 able management objectives, consistent 

12 with the management objectives described 

13 in subsection (c), to ensure the ecological 

14 health of the Monument; 

15 (x) develop a monitoring program for 

16 the Monument so that progress towards ec17 ological health objectives can be deter18 mined; 

19 (xi) include, as an integral part, a 

20 comprehensive transportation plan devel21 oped in accordance with subsection (e); 

22 and 

23 (xii) include, as an integral part, a 

24 wildfire mitigation plan developed in ac25 cordance with paragraph (4). 


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1 (3) WILDFIRE RISK ASSESSMENT.—Not later 

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

3 the Secretary, in consultation with the Governor’s 

4 Council on Wildfire Response of the State, shall con5 duct a wildfire risk assessment of the Upper Unit 

6 and the Lower Unit. 

7 (4) WILDFIRE MITIGATION PLAN.— 

8 (A) IN GENERAL.—Not later than 2 years 

9 after the date on which the wildfire risk assess10 ment is conducted under paragraph (3), the 

11 Secretary shall develop, based on the wildfire 

12 risk assessment, a wildfire mitigation plan as 

13 part of the management plan developed under 

14 paragraph (2) that identifies, evaluates, and 

15 prioritizes management activities that can be 

16 implemented in the Lower Unit to mitigate 

17 wildfire risk to structures and communities lo18 cated near the Monument. 

19 (B) PLAN COMPONENTS.—The wildfire 

20 mitigation plan developed under subparagraph 

21 (A) shall include— 

22 (i) appropriate vegetation manage23 ment projects (including mechanical treat24 ments to reduce hazardous fuels and im25 prove ecological health and resiliency); 


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1 (ii) necessary evacuation routes for 

2 communities located near the Monument, 

3 to be developed in consultation with the 

4 State and local fire agencies; 

5 (iii) strategies for public dissemination 

6 of emergency evacuation plans and routes; 

7 (iv) appropriate passive habitat man8 agement activities; and 

9 (v) strategies or management require10 ments to protect items of value identified 

11 at the Monument, consistent with the ap12 plicable fire management plan and the doc13 ument prepared by the National Inter14 agency Fire Center entitled ‘‘Interagency 

15 Standards for Fire and Fire Aviation Op16 erations’’ or successor interagency agree17 ment or guidance. 

18 (C) APPLICABLE LAW.—The wildfire miti19 gation plan under subparagraph (A) shall be 

20 developed in accordance with— 

21 (i) this Act; and 

22 (ii) any other applicable law. 

23 (5) TEMPORARY ROADS.— 

24 (A) IN GENERAL.—Consistent with the 

25 purposes of this Act and the comprehensive 


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1 transportation plan under subsection (e), the 

2 Secretary may travel off-road or establish tem3 porary roads within the Lower Unit to imple4 ment the wildfire mitigation plan developed 

5 under paragraph (4). 

6 (B) EFFECT ON WILDFIRE MANAGE7 MENT.—Nothing in this section affects the au8 thority of the Secretary, in cooperation with 

9 other Federal, State, and local agencies, as ap10 propriate, to conduct wildland fire operations at 

11 the Monument, consistent with the purposes of 

12 this Act. 

13 (6) INCORPORATION OF ACQUIRED LAND AND

14 INTERESTS IN LAND.—Any land or interest in land 

15 within the boundary of the Monument or adjacent to 

16 the Monument that is acquired by the United States 

17 shall— 

18 (A) become part of the Monument; and 

19 (B) be managed in accordance with— 

20 (i) this Act; and 

21 (ii) applicable Federal laws. 

22 (e) COMPREHENSIVE TRANSPORTATION PLAN.— 

23 (1) IN GENERAL.—The Secretary shall develop 

24 as part of the management plan a comprehensive 


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1 transportation plan for the Monument, which shall 

2 address— 

3 (A) motorized, mechanized, and non4 motorized use; 

5 (B) the maintenance and closure of motor6 ized and nonmotorized routes; and 

7 (C) travel access. 

8 (2) PROHIBITION OF MOTORIZED AND MECHA9 NIZED USE IN THE UPPER UNIT.—Except as pro10 vided in paragraphs (3) through (6), motorized and 

11 mechanized use shall be prohibited in the Upper 

12 Unit. 

13 (3) PROHIBITION OF OFF-ROAD MOTORIZED

14 TRAVEL.—Except in cases in which motorized or 

15 mechanized vehicles are needed for administrative 

16 purposes, ecological restoration projects, or to re17 spond to an emergency, the use of motorized or 

18 mechanized vehicles in the Monument shall be per19 mitted only on routes designated by the transpor20 tation plan developed under paragraph (1). 

21 (4) PROHIBITION OF NEW CONSTRUCTION.—No 

22 new motorized routes of any type shall be con23 structed within the Monument, except that the Sec24 retary may— 


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1 (A) develop temporary motorized routes in 

2 the Lower Unit to assist with management ac3 tivities consistent with the management plan; 

4 (B) authorize the construction and mainte5 nance of motorized trailhead access routes and 

6 parking areas within the Monument within 100 

7 yards of an existing roadway; and 

8 (C) construct a new motorized route if the 

9 Secretary determines, in consultation with the 

10 public, that the motorized route is necessary for 

11 public safety in the Upper Unit or Lower Unit. 

12 (5) TRAILS.—Nothing in this subsection limits 

13 the authority of the Secretary— 

14 (A) to construct or maintain trails for non15 motorized or nonmechanized use in the Upper 

16 Unit or Lower Unit; or 

17 (B) to construct mechanized trails in the 

18 Lower Unit. 

19 (6) ACCESS TO INHOLDINGS.—The Secretary 

20 shall provide reasonable access to inholdings within 

21 the boundaries of the Monument to provide private 

22 landowners the reasonable use of the inholdings. 

23 (7) MODIFICATIONS TO EXISTING ROADS.— 

24 (A) IN GENERAL.—Consistent with the 

25 purposes of this Act, the existing roads deVerDate Sep 11 2014 18:06 Nov 25, 2024 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S5360.IS S5360

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1 scribed in subparagraph (B) may be modified 

2 or altered, as the Secretary determines to be 

3 necessary to support use of motorized or 

4 mechanized vehicles for access, utility develop5 ment, or public safety. 

6 (B) DESCRIPTION OF ROADS.—The roads 

7 referred to in subparagraph (A) are Burnt 

8 Ranch Road, South Twickenham Road, Girds 

9 Creek Road, and the Logging Road, as depicted 

10 on the Map. 

11 (C) RIGHT-OF-WAY.—The Secretary shall 

12 grant to the County a right-of-way for mainte13 nance and repair of, and safety improvements 

14 for, South Twickenham Road and Girds Creek 

15 Road. 

16 (f) GRAZING.— 

17 (1) IN GENERAL.—The grazing of livestock in 

18 the Monument, if established before the date of en19 actment of this Act, shall be allowed to continue— 

20 (A) subject to— 

21 (i) such reasonable regulations, poli22 cies, and practices as the Secretary con23 siders necessary; and 

24 (ii) applicable law (including regula25 tions); and 


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1 (B) in a manner consistent with the au2 thorities described in subsection (d). 

3 (2) VOLUNTARY RELINQUISHMENT OF GRAZING

4 PERMITS OR LEASES.— 

5 (A) ACCEPTANCE BY SECRETARY.—The 

6 Secretary shall accept the voluntary relinquish7 ment of any valid existing permits or leases au8 thorizing grazing on public land, all or a por9 tion of which is within the Monument. 

10 (B) TERMINATION.—With respect to each 

11 permit or lease voluntarily relinquished under 

12 subparagraph (A), the Secretary shall— 

13 (i) terminate the grazing permit or 

14 lease; and 

15 (ii) ensure a permanent end to graz16 ing on the land covered by the permit or 

17 lease. 

18 (C) PARTIAL RELINQUISHMENT.— 

19 (i) IN GENERAL.—If a person holding 

20 a valid grazing permit or lease voluntarily 

21 and permanently relinquishes less than the 

22 full level of grazing use authorized under 

23 the permit or lease under subparagraph 

24 (A), the Secretary shall— 


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1 (I) reduce the authorized grazing 

2 level to reflect the voluntary relin3 quishment; and 

4 (II) modify the permit or lease to 

5 reflect the revised level. 

6 (ii) AUTHORIZED LEVEL.—To ensure 

7 that there is a permanent reduction in the 

8 authorized level of grazing on the land cov9 ered by a permit or lease voluntarily relin10 quished under clause (i), the Secretary 

11 shall not allow grazing use to exceed the 

12 authorized level established under that 

13 clause. 

14 (g) PROHIBITION ON CONSTRUCTION OF NEW FA15 CILITIES.—No new facilities may be constructed in the 

16 Monument unless the Secretary determines that the facil17 ity— 

18 (1) will be minimal in nature; 

19 (2) is consistent with the purpose of the Monu20 ment described in subsection (b); and 

21 (3) is necessary— 

22 (A) to enhance botanical, fish, wildlife, or 

23 watershed conditions; 

24 (B) to provide for public information, 

25 health, or safety; 


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1 (C) for the management of livestock; or 

2 (D) for the management, but not pro3 motion, of recreation. 

4 (h) RELEASE OF WILDERNESS STUDY AREA.— 

5 (1) FINDING.—Congress finds that the portions 

6 of Federal land within the Monument designated as 

7 a wilderness study area under section 202 of the 

8 Federal Land Policy and Management Act of 1976 

9 (43 U.S.C. 1712) as of the date of enactment of this 

10 Act have been adequately studied for wilderness des11 ignation. 

12 (2) RELEASE.—The portions of Federal land 

13 described in paragraph (1)— 

14 (A) are no longer subject to management 

15 as a wilderness study area; and 

16 (B) shall be managed in accordance with— 

17 (i) this Act; and 

18 (ii) all other applicable land use plan 

19 decisions adopted under section 202 of the 

20 Federal Land Policy and Management Act 

21 of 1976 (43 U.S.C. 1712), which may in22 clude management for the protection of 

23 wilderness characteristics. 

24 (i) EFFECT ON EXISTING RIGHTS AND FISH AND

25 WILDLIFE MANAGEMENT.—Nothing in this section— 


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1 (1) terminates any valid right-of-way on land 

2 included in the Monument that is in existence on the 

3 date of enactment of this Act; 

4 (2) affects the ability of an owner of a private 

5 inholding within, or private land adjoining, the 

6 boundary of the Monument to obtain permits or 

7 easements from any Federal agency with jurisdiction 

8 over the Monument to support existing uses, access, 

9 management, or maintenance of the private prop10 erty; or 

11 (3) diminishes the authority of the State to 

12 manage fish and wildlife (including the regulation of 

13 fishing and hunting within the Monument). 

14 (j) WATER RIGHTS AND INFRASTRUCTURE.—Noth15 ing in this section— 

16 (1) constitutes an express or implied claim or 

17 denial on the part of the Federal Government re18 garding an exemption from State water laws; or 

19 (2) prohibits access to existing water infrastruc20 ture within the boundaries of the Monument. 

21 (k) TRIBAL RIGHTS.—Nothing in this section alters, 

22 modifies, enlarges, diminishes, or abrogates the treaty 

23 rights of any Indian Tribe. 

24 SEC. 4. LAND EXCHANGES. 

25 (a) AUTHORIZATION.— 


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1 (1) FAULKNER EXCHANGE.— 

2 (A) IN GENERAL.—Subject to subsections 

3 (b) through (h), if the owner of the non-Federal 

4 land described in subparagraph (B)(i) offers to 

5 convey to the United States all right, title, and 

6 interest of the landowner in and to the non7 Federal land, the Secretary shall— 

8 (i) accept the offer; and 

9 (ii) on receipt of acceptable title to the 

10 non-Federal land and subject to valid ex11 isting rights, convey to the landowner all 

12 right, title, and interest of the United 

13 States in and to the Federal land described 

14 in subparagraph (B)(ii). 

15 (B) DESCRIPTION OF LAND.— 

16 (i) NON-FEDERAL LAND.—The non17 Federal land referred to in subparagraph 

18 (A) is the approximately 15 acres of non19 Federal land identified on the Map as 

20 ‘‘Faulkner to BLM’’. 

21 (ii) FEDERAL LAND.—The Federal 

22 land referred to in subparagraph (A)(ii) is 

23 the approximately 10 acres of Federal land 

24 identified on the Map as ‘‘BLM to Faulk25 ner’’. 


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1 (2) QUANT EXCHANGE.— 

2 (A) IN GENERAL.—Subject to subsections 

3 (b) through (h), if the owner of the non-Federal 

4 land described in subparagraph (B)(i) offers to 

5 convey to the United States all right, title, and 

6 interest of the landowner in and to the non7 Federal land, the Secretary shall— 

8 (i) accept the offer; and 

9 (ii) on receipt of acceptable title to the 

10 non-Federal land and subject to valid ex11 isting rights, convey to the landowner all 

12 right, title, and interest of the United 

13 States in and to the Federal land described 

14 in subparagraph (B)(ii). 

15 (B) DESCRIPTION OF LAND.— 

16 (i) NON-FEDERAL LAND.—The non17 Federal land referred to in subparagraph 

18 (A) is the approximately 236 acres of non19 Federal land identified on the Map as 

20 ‘‘Quant to BLM’’. 

21 (ii) FEDERAL LAND.—The Federal 

22 land referred to in subparagraph (A)(ii) is 

23 the approximately 271 acres of Federal 

24 land identified on the Map as ‘‘BLM to 

25 Quant’’. 


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1 (3) TWICKENHAM LIVESTOCK LLC EX2 CHANGE.— 

3 (A) IN GENERAL.—Subject to subsections 

4 (b) through (h), if the owner of the non-Federal 

5 land described in subparagraph (B)(i) offers to 

6 convey to the United States all right, title, and 

7 interest of the landowner in and to the non8 Federal land, the Secretary shall— 

9 (i) accept the offer; and 

10 (ii) on receipt of acceptable title to the 

11 non-Federal land and subject to valid ex12 isting rights, convey to the landowner all 

13 right, title, and interest of the United 

14 States in and to the Federal land described 

15 in subparagraph (B)(ii). 

16 (B) DESCRIPTION OF LAND.— 

17 (i) NON-FEDERAL LAND.—The non18 Federal land referred to in subparagraph 

19 (A) is the approximately 574 acres of non20 Federal land identified on the Map as 

21 ‘‘Twickenham to BLM’’. 

22 (ii) FEDERAL LAND.—The Federal 

23 land referred to in subparagraph (A)(ii) is 

24 the approximately 566 acres of Federal 


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1 land identified on the Map as ‘‘BLM to 

2 Twickenham’’. 

3 (b) APPLICABLE LAW.—Except as otherwise provided 

4 in this section, the Secretary shall carry out each land ex5 change under subsection (a) in accordance with section 

6 206 of the Federal Land Policy and Management Act of 

7 1976 (43 U.S.C. 1716). 

8 (c) CONDITIONS.—Each land exchange under sub9 section (a) shall be subject to such terms and conditions 

10 as the Secretary may require. 

11 (d) EQUAL VALUE EXCHANGE.— 

12 (1) IN GENERAL.—The value of the Federal 

13 land and non-Federal land to be exchanged under 

14 subsection (a)— 

15 (A) shall be equal; or 

16 (B) shall be made equal in accordance with 

17 paragraph (2). 

18 (2) EQUALIZATION.— 

19 (A) SURPLUS OF FEDERAL LAND.—If the 

20 value of Federal land exceeds the value of non21 Federal land to be conveyed under a land ex22 change authorized under subsection (a), the 

23 value of the Federal land and non-Federal land 

24 shall be equalized by reducing the acreage of 

25 the Federal land to be conveyed, as determined 


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1 to be appropriate and acceptable by the Sec2 retary and the landowner. 

3 (B) SURPLUS OF NON-FEDERAL LAND.—If 

4 the value of the non-Federal land exceeds the 

5 value of the Federal land, the value of the Fed6 eral land and non-Federal land shall be equal7 ized by reducing the acreage of the non-Federal 

8 land to be conveyed, as determined to be appro9 priate and acceptable by the Secretary and the 

10 landowner. 

11 (e) APPRAISALS.— 

12 (1) IN GENERAL.—As soon as practicable after 

13 the date of enactment of this Act, the Secretary and 

14 the landowner shall select an appraiser to conduct 

15 an appraisal of the Federal land and non-Federal 

16 land to be exchanged under subsection (a). 

17 (2) REQUIREMENTS.—An appraisal under para18 graph (1) shall be conducted in accordance with na19 tionally recognized appraisal standards, including— 

20 (A) the Uniform Appraisal Standards for 

21 Federal Land Acquisitions; and 

22 (B) the Uniform Standards of Professional 

23 Appraisal Practice. 

24 (f) SURVEYS.— 


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1 (1) IN GENERAL.—The exact acreage and legal 

2 description of the Federal land and non-Federal land 

3 to be exchanged under subsection (a) shall be deter4 mined by surveys approved by the Secretary. 

5 (2) COSTS.—The Secretary and the landowner 

6 shall divide equally between the Secretary and the 

7 landowner— 

8 (A) the costs of any surveys conducted 

9 under paragraph (1); and 

10 (B) any other administrative costs of car11 rying out the land exchange under this section. 

12 (g) VALID EXISTING RIGHTS.—The exchange of Fed13 eral land and non-Federal land under subsection (a) shall 

14 be subject to any easements, rights-of-way, and other valid 

15 rights in existence on the date of enactment of this Act. 

16 (h) DEADLINE FOR COMPLETION OF LAND EX17 CHANGE.—It is the intent of Congress that the land ex18 changes under subsection (a) be completed by the date 

19 that is not later than 2 years after the date of enactment 

20 of this Act. 

21 SEC. 5. WITHDRAWAL. 

22 (a) IN GENERAL.—Subject to valid existing rights, 

23 the Federal land and any interest in the Federal land in24 cluded within the Monument is withdrawn from— 


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1 (1) entry, appropriation, new rights-of-way, and 

2 disposal under the public land laws; 

3 (2) location, entry, and patent under the mining 

4 laws; and 

5 (3) operation of— 

6 (A) the mineral leasing and geothermal 

7 leasing laws; and 

8 (B) except as provided in subsection (b), 

9 the minerals materials laws. 

10 (b) ROAD MAINTENANCE.—The Secretary shall con11 tinue to allow the operation, within the boundary of the 

12 Monument and in a manner consistent with the manage13 ment of the Monument, of the following gravel pits that 

14 are used for the purpose of road construction and mainte15 nance in the area surrounding the Monument: 

16 (1) The Owens Quarry, Meyers Canyon Quarry, 

17 and Monroe Pit operated by the Oregon Department 

18 of Transportation. 

19 (2) The gravel pit near Priest Hole operated by 

20 the County. 

21 SEC. 6. TREATMENT OF STATE LAND AND MINERAL INTER22 ESTS. 

23 (a) ACQUISITION REQUIRED.—The Secretary shall 

24 acquire, for approximately equal value and as agreed to 

25 by the Secretary and the State, any land and interests 


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1 in land owned by the State within the area withdrawn by 

2 section 5(a). 

3 (b) ACQUISITION METHODS.—The Secretary shall ac4 quire the State land and interests in land under subsection 

5 (a) in exchange for— 

6 (1) the conveyance of Federal land or Federal 

7 mineral interests that are outside the boundaries of 

8 the area withdrawn by section 5(a); 

9 (2) a payment to the State; or 

10 (3) a combination of the methods described in 

11 paragraphs (1) and (2). 

12 SEC. 7. CONVEYANCES OF BUREAU OF LAND MANAGEMENT 

13 LAND TO THE CITY OF MITCHELL, OREGON. 

14 (a) IN GENERAL.—Notwithstanding the land use 

15 planning requirements of sections 202 and 203 of the Fed16 eral Land Policy and Management Act of 1976 (43 U.S.C. 

17 1712, 1713), on the request of the City, the Secretary 

18 shall convey to the City, without consideration, the ap19 proximately 1,327 acres of Federal land generally depicted 

20 on the Map as ‘‘City of Mitchell Conveyance’’. 

21 (b) INTERIM MANAGEMENT.—Until the date on 

22 which the applicable parcel of Federal land described in 

23 subsection (a) is conveyed to the City under that sub24 section, the Secretary shall continue to manage the appli25 cable parcel of Federal land. 


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1 (c) USE OF CONVEYED LAND.—The Federal land 

2 conveyed under subsection (a) shall be used for recreation 

3 or other public purposes consistent with the Act of June 

4 14, 1926 (commonly known as the ‘‘Recreation and Public 

5 Purposes Act’’) (44 Stat. 741, chapter 578; 43 U.S.C. 869 

6 et seq.). 

7 (d) MAP AND LEGAL DESCRIPTIONS.— 

8 (1) IN GENERAL.—As soon as practicable after 

9 the date of enactment of this Act, the Secretary 

10 shall finalize legal descriptions of the parcels of Fed11 eral land to be conveyed under subsection (a). 

12 (2) CORRECTIONS OF ERRORS.—The Secretary 

13 may correct minor errors in the Map or the legal de14 scriptions. 

15 (3) AVAILABILITY.—The Map and legal descrip16 tions shall be on file and available for public inspec17 tion in the appropriate offices of the Bureau of 

18 Land Management. 

19 (e) TRIBAL RIGHTS.—Nothing in this section alters, 

20 modifies, enlarges, diminishes, or abrogates the treaty 

21 rights of any Indian Tribe. 

22 (f) REVERSION.— 

23 (1) IN GENERAL.—If any parcel of land con24 veyed under subsection (a) ceases to be used for the 

25 purposes described in subsection (c), the land shall, 


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1 at the discretion of the Secretary based on the deter2 mination of the Secretary of the best interests of the 

3 United States, revert to the United States. 

4 (2) RESPONSIBILITY OF LOCAL GOVERNMENTAL

5 ENTITY.—If the Secretary determines under para6 graph (1) that a parcel of land should revert to the 

7 United States and that the parcel of land is con8 taminated with hazardous waste, the City shall be 

9 responsible for remediation of the contamination. 

10 SEC. 8. COORDINATION WITH UNITS OF LOCAL GOVERN11 MENT. 

12 The Secretary shall coordinate with units of local gov13 ernment, including the County commission and the City, 

14 in accordance with section 202 of the Federal Land Policy 

15 and Management Act of 1976 (43 U.S.C. 1712) and sec16 tion 1610.3–1 of title 43, Code of Federal Regulations (or 

17 a successor regulation) in— 

18 (1) developing the management plan; 

19 (2) prioritizing implementation of project-level 

20 activities under the management plan; 

21 (3) developing activities that implement the 

22 management plan; and 

23 (4) carrying out any other activities under this 

24 Act. 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


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