II 

114TH CONGRESS 

1ST SESSION S. 1255 

To designate certain Bureau of Land Management land in the State of 

Oregon as wilderness, to authorize certain land exchanges in the State 

of Oregon, and to convey certain Bureau of Land Management land 

in the State of Oregon to Wheeler County, Oregon, for economic and 

community development purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2015 

Mr. MERKLEY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To designate certain Bureau of Land Management land in 

the State of Oregon as wilderness, to authorize certain 

land exchanges in the State of Oregon, and to convey 

certain Bureau of Land Management land in the State 

of Oregon to Wheeler County, Oregon, for economic and 

community development 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 ‘‘Sutton Mountain and 

5 Painted Hills Area Preservation and Economic Enhance6 ment Act of 2015’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Wheeler County, Oregon. 

5 (2) LANDOWNER.—The term ‘‘landowner’’ 

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

7 a land exchange with the Secretary under section 

8 4(a). 

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

10 prepared by the Bureau of Land Management enti11 tled ‘‘Sutton Complex Wilderness Proposal’’ and 

12 dated May 6, 2015. 

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

14 the Secretary of the Interior. 

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

16 of Oregon. 

17 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

18 (a) IN GENERAL.—In furtherance of the purposes of 

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

20 areas in the State are designated as wilderness areas and 

21 as components of the National Wilderness Preservation 

22 System: 

23 (1) SUTTON MOUNTAIN WILDERNESS.—Certain 

24 land in the Prineville District Office of the Bureau 

25 of Land Management comprising approximately 

26 29,675 acres, as generally depicted on the Map as 


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1 ‘‘Sutton Mountain’’, which shall be known as the 

2 ‘‘Sutton Mountain Wilderness’’. 

3 (2) PAT’S CABIN WILDERNESS.—Certain land 

4 in the Prineville District Office of the Bureau of 

5 Land Management comprising approximately 15,951 

6 acres, as generally depicted on the Map as ‘‘Pat’s 

7 Cabin’’, which shall be known as the ‘‘Pat’s Cabin 

8 Wilderness’’. 

9 (3) PAINTED HILLS WILDERNESS.—Certain 

10 land in the Prineville District Office of the Bureau 

11 of Land Management comprising approximately 

12 6,900 acres, as generally depicted on the Map as 

13 ‘‘Painted Hills’’, which shall be known as the 

14 ‘‘Painted Hills Wilderness’’. 

15 (4) DEAD DOG WILDERNESS.—Certain land in 

16 the Prineville District Office of the Bureau of Land 

17 Management comprising approximately 4,939 acres, 

18 as generally depicted on the Map as ‘‘Dead Dog’’, 

19 which shall be known as the ‘‘Dead Dog Wilder20 ness’’. 

21 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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

23 the date of enactment of this Act, the Secretary 

24 shall file a map and legal description of each wilder25 ness area designated by subsection (a) with— 


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1 (A) the Committee on Natural Resources 

2 of the House of Representatives; and 

3 (B) the Committee on Energy and Natural 

4 Resources of the Senate. 

5 (2) FORCE OF LAW.—Each map and legal de6 scription filed under paragraph (1) shall have the 

7 same force and effect as if included in this Act, ex8 cept that the Secretary may correct any clerical and 

9 typographical errors in the maps or legal descrip10 tions. 

11 (3) PUBLIC AVAILABILITY.—The maps and 

12 legal descriptions filed under paragraph (1) shall be 

13 on file and available for public inspection in the ap14 propriate offices of the Bureau of Land Manage15 ment. 

16 (c) ADMINISTRATION OF WILDERNESS AREAS.— 

17 (1) IN GENERAL.—Subject to valid existing 

18 rights, the wilderness areas established by subsection 

19 (a) shall be administered by the Secretary in accord20 ance with this section and the Wilderness Act (16 

21 U.S.C. 1131 et seq.), except that— 

22 (A) any reference in that Act to the effec23 tive date shall be considered to be a reference 

24 to the date of enactment of this Act; and 


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1 (B) any reference in that Act to the Sec2 retary of Agriculture shall be considered to be 

3 a reference to the Secretary that has jurisdic4 tion over the wilderness area. 

5 (2) WITHDRAWAL.—Subject to valid existing 

6 rights, the wilderness areas designated by subsection 

7 (a) are withdrawn from all forms of— 

8 (A) entry, appropriation, or disposal under 

9 the public land laws; 

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

11 mining laws; and 

12 (C) operation of the mineral leasing, min13 eral materials, and geothermal leasing laws. 

14 (3) GRAZING.— 

15 (A) IN GENERAL.—The grazing of live16 stock in the wilderness areas designated by sub17 section (a), if established before the date of en18 actment of this Act, shall be permitted to con19 tinue at current levels, subject to such reason20 able regulations as the Secretary considers nec21 essary, in accordance with— 

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

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

24 (ii) the guidelines set forth in Appen25 dix A of the report of the Committee on 


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1 Interior and Insular Affairs of the House 

2 of Representatives accompanying H.R. 

3 2570 of the 101st Congress (H. Rept. 

4 101–405). 

5 (B) VOLUNTARY RELINQUISHMENT OF

6 GRAZING PERMITS OR LEASES.— 

7 (i) ACCEPTANCE BY SECRETARY.— 

8 The Secretary shall accept the voluntary 

9 relinquishment of any valid existing per10 mits or leases authorizing grazing on pub11 lic land, all or a portion of which is within 

12 the wilderness areas designated by sub13 section (a). 

14 (ii) TERMINATION.—With respect to 

15 each permit or lease voluntarily relin16 quished under clause (i), the Secretary 

17 shall— 

18 (I) terminate the grazing permit 

19 or lease; and 

20 (II) ensure a permanent end to 

21 grazing on the land covered by the 

22 permit or lease. 

23 (iii) PARTIAL RELINQUISHMENT.— 

24 (I) IN GENERAL.—If a person 

25 holding a valid grazing permit or lease 


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1 voluntarily relinquishes less than the 

2 full level of grazing use authorized 

3 under the permit or lease, the Sec4 retary shall— 

5 (aa) reduce the authorized 

6 grazing level to reflect the vol7 untary relinquishment; and 

8 (bb) modify the permit or 

9 lease to reflect the revised level of 

10 use. 

11 (II) AUTHORIZED LEVEL.—To 

12 ensure that there is a permanent re13 duction in the authorized level of 

14 grazing on the land covered by a per15 mit or lease voluntarily relinquished 

16 under subclause (I), the Secretary 

17 shall not allow grazing use to exceed 

18 the authorized level established under 

19 that subclause. 

20 (4) TRIBAL RIGHTS.—Nothing in this section 

21 alters, modifies, enlarges, diminishes, or abrogates 

22 the treaty rights of any Indian tribe. 

23 (5) FISH AND WILDLIFE.— 

24 (A) IN GENERAL.—In accordance with sec25 tion 4(d)(7) of the Wilderness Act (16 U.S.C. 


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1 1133(d)(7)), nothing in this section affects the 

2 jurisdiction or responsibilities of the State with 

3 respect to fish and wildlife management in the 

4 State. 

5 (B) MANAGEMENT ACTIVITIES.—In fur6 therance of the purposes and principles of the 

7 Wilderness Act (16 U.S.C. 1131 et seq.), the 

8 Secretary may conduct any management activi9 ties in the wilderness areas designated by sub10 section (a) that are necessary to maintain or re11 store fish and wildlife populations and habitats, 

12 if the management activities are— 

13 (i) consistent with relevant wilderness 

14 management plans; and 

15 (ii) conducted in accordance with ap16 propriate policies, such as the policies es17 tablished in Appendix B of the report of 

18 the Committee on Interior and Insular Af19 fairs of the House of Representatives ac20 companying H.R. 2570 of the 101st Con21 gress (House Report 101–405). 

22 (6) FIRE MANAGEMENT.— 

23 (A) IN GENERAL.—In accordance with sec24 tion 4(d)(1) of the Wilderness Act (16 U.S.C. 

25 1133(d)(1)), the Secretary may take such measVerDate Sep 11 2014 06:21 May 14, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1255.IS S1255

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1 ures in the wilderness areas designated by sub2 section (a) as are necessary for the control of 

3 fire, insects, and diseases (including, as the 

4 Secretary determines to be appropriate, the co5 ordination of the activities with a State or local 

6 agency and the use of aircraft or mechanized 

7 equipment by Federal, State, or local agencies 

8 or agents of the agencies). 

9 (B) REVISION AND DEVELOPMENT OF

10 LOCAL FIRE MANAGEMENT PLANS.—As soon as 

11 practicable after the date of enactment of this 

12 Act, the Secretary shall amend the local fire 

13 management plans that apply to the Sutton 

14 Mountain Wilderness designated by subsection 

15 (a)(1) to identify— 

16 (i) best management practices for 

17 wildfire prevention and wildfire response in 

18 the wilderness area; and 

19 (ii) the appropriate State and local of20 ficials to carry out the management prac21 tices described in clause (i). 

22 (C) ADMINISTRATION.—Not later than 1 

23 year after the date of enactment of this Act, to 

24 ensure a timely and efficient response to 

25 wildfires in the Sutton Mountain Wilderness 


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1 designated by subsection (a)(1), the Secretary 

2 shall— 

3 (i) establish agency approval proce4 dures for responding to wildfires, including 

5 delegations of authority, as appropriate, to 

6 the Forest Supervisor, District Manager, 

7 Incident Commander, or other agency offi8 cials; and 

9 (ii) enter into agreements, as appro10 priate, with State and local firefighting 

11 agencies to carry out measures for wildfire 

12 prevention and response. 

13 (7) ADJACENT MANAGEMENT.— 

14 (A) IN GENERAL.—Congress does not in15 tend for the designation of wilderness areas by 

16 subsection (a) to lead to the creation of protec17 tive perimeters or buffer zones around the wil18 derness areas. 

19 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

20 The fact that a non-wilderness activity or use 

21 on land outside the wilderness areas designated 

22 by subsection (a) can be seen or heard from 

23 within the wilderness areas shall not, of itself, 

24 preclude the activity or use outside the bound25 ary of the wilderness areas. 


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1 (8) MILITARY ACTIVITIES.—Nothing in this sec2 tion precludes— 

3 (A) low-level overflights of military aircraft 

4 over the wilderness areas designated by sub5 section (a); 

6 (B) the designation or establishment of 

7 new units of special airspace, or the establish8 ment of a military flight training route, over 

9 the wilderness areas designated by subsection 

10 (a); or 

11 (C) flight testing and evaluation. 

12 (9) INCORPORATION OF ACQUIRED LAND AND

13 INTERESTS.—Any land within the boundary of a wil14 derness area designated by subsection (a) that is ac15 quired by the United States shall— 

16 (A) become part of the wilderness area in 

17 which the land is located; and 

18 (B) be managed in accordance with— 

19 (i) this section; 

20 (ii) the Wilderness Act (16 U.S.C. 

21 1131 et seq.); and 

22 (iii) any other applicable law. 

23 (10) OUTFITTING AND GUIDE ACTIVITIES.— 

24 Consistent with section 4(d)(5) of the Wilderness 

25 Act (16 U.S.C. 1133(d)(5)), commercial services (inVerDate Sep 11 2014 06:21 May 14, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1255.IS S1255

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1 cluding authorized outfitting and guide activities) 

2 are authorized in wilderness areas designated by 

3 subsection (a), to the extent necessary for activities 

4 that fulfill the recreational or other wilderness pur5 poses of the areas. 

6 (11) ADEQUATE ACCESS TO PRIVATE PROP7 ERTY.—In accordance with section 5(a) of the Wil8 derness Act (16 U.S.C. 1134(a)), the Secretary shall 

9 provide any owner of private property within the 

10 boundary of a wilderness area designated by sub11 section (a) adequate access to the property. 

12 SEC. 4. LAND EXCHANGES. 

13 (a) AUTHORIZATION.— 

14 (1) COLLINS EXCHANGE.— 

15 (A) IN GENERAL.—Subject to subsections 

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

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

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

19 interest of the landowner in and to the non20 Federal land, the Secretary shall— 

21 (i) accept the offer; and 

22 (ii) on receipt of acceptable title to the 

23 non-Federal land and subject to valid ex24 isting rights, convey to the landowner all 

25 right, title, and interest of the United 


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1 States in and to the Federal land described 

2 in subparagraph (B)(ii). 

3 (B) DESCRIPTION OF LAND.— 

4 (i) NON-FEDERAL LAND.—The non5 Federal land referred to in subparagraph 

6 (A) is the approximately 265 acres of non7 Federal land identified on the Map as 

8 ‘‘Collins to BLM’’. 

9 (ii) FEDERAL LAND.—The Federal 

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

11 the approximately 279 acres of Federal 

12 land identified on the Map as ‘‘BLM to 

13 Collins’’. 

14 (2) FAULKNER EXCHANGE.— 

15 (A) IN GENERAL.—Subject to subsections 

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

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

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

19 interest of the landowner in and to the non20 Federal land, the Secretary shall— 

21 (i) accept the offer; and 

22 (ii) on receipt of acceptable title to the 

23 non-Federal land and subject to valid ex24 isting rights, convey to the landowner all 

25 right, title, and interest of the United 


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1 States in and to the Federal land described 

2 in subparagraph (B)(ii). 

3 (B) DESCRIPTION OF LAND.— 

4 (i) NON-FEDERAL LAND.—The non5 Federal land referred to in subparagraph 

6 (A) is the approximately 15 acres of non7 Federal land identified on the Map as 

8 ‘‘Faulkner to BLM’’. 

9 (ii) FEDERAL LAND.—The Federal 

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

11 the approximately 10 acres of Federal land 

12 identified on the Map as ‘‘BLM to Faulk13 ner’’. 

14 (3) QUANT EXCHANGE.— 

15 (A) IN GENERAL.—Subject to subsections 

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

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

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

19 interest of the landowner in and to the non20 Federal land, the Secretary shall— 

21 (i) accept the offer; and 

22 (ii) on receipt of acceptable title to the 

23 non-Federal land and subject to valid ex24 isting rights, convey to the landowner all 

25 right, title, and interest of the United 


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1 States in and to the Federal land described 

2 in subparagraph (B)(ii). 

3 (B) DESCRIPTION OF LAND.— 

4 (i) NON-FEDERAL LAND.—The non5 Federal land referred to in subparagraph 

6 (A) is the approximately 271 acres of non7 Federal land identified on the Map as 

8 ‘‘Quant to BLM’’. 

9 (ii) FEDERAL LAND.—The Federal 

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

11 the approximately 277 acres of Federal 

12 land identified on the Map as ‘‘BLM to 

13 Quant’’. 

14 (4) TWICKENHAM LIVESTOCK LLC EX15 CHANGE.— 

16 (A) IN GENERAL.—Subject to subsections 

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

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

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

20 interest of the landowner in and to the non21 Federal land, the Secretary shall— 

22 (i) accept the offer; and 

23 (ii) on receipt of acceptable title to the 

24 non-Federal land and subject to valid ex25 isting rights, convey to the landowner all 


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1 right, title, and interest of the United 

2 States in and to the Federal land described 

3 in subparagraph (B)(ii). 

4 (B) DESCRIPTION OF LAND.— 

5 (i) NON-FEDERAL LAND.—The non6 Federal land referred to in subparagraph 

7 (A) is the approximately 574 acres of non8 Federal land identified on the Map as 

9 ‘‘Twickenham to BLM’’. 

10 (ii) FEDERAL LAND.—The Federal 

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

12 the approximately 566 acres of Federal 

13 land identified on the Map as ‘‘BLM to 

14 Twickenham’’. 

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

16 in sections 202 and 203 of the Federal Land Policy and 

17 Management Act of 1976 (43 U.S.C. 1712, 1713), the 

18 Secretary shall carry out each land exchange under sub19 section (a) in accordance with section 206 of the Federal 

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

21 1716). 

22 (c) CONDITIONS.—Each land exchange under sub23 section (a) shall be subject to such terms and conditions 

24 as the Secretary may require. 

25 (d) EQUAL VALUE EXCHANGE.— 


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

2 land and non-Federal land to be exchanged under 

3 subsection (a)— 

4 (A) shall be equal; or 

5 (B) shall be made equal in accordance with 

6 paragraph (2). 

7 (2) EQUALIZATION.— 

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

9 value of Federal land exceeds the value of non10 Federal land to be conveyed under a land ex11 change authorized under subsection (a), the 

12 value of the Federal land and non-Federal land 

13 shall be equalized, as determined to be appro14 priate and acceptable by the Secretary and the 

15 landowner— 

16 (i) by reducing the acreage of the 

17 Federal land to be conveyed; or 

18 (ii) by adding additional Federal land 

19 to the Federal land to be conveyed. 

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

21 the value of the non-Federal land exceeds the 

22 value of the Federal land, the value of the Fed23 eral land and non-Federal land shall be equal24 ized by reducing the acreage of the non-Federal 

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1 priate and acceptable by the Secretary and the 

2 landowner. 

3 (e) APPRAISALS.— 

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

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

6 the landowner shall select an appraiser to conduct 

7 an appraisal of the Federal land and non-Federal 

8 land to be exchanged under subsection (a). 

9 (2) REQUIREMENTS.—An appraisal under para10 graph (1) shall be conducted in accordance with na11 tionally recognized appraisal standards, including— 

12 (A) the Uniform Appraisal Standards for 

13 Federal Land Acquisitions; and 

14 (B) the Uniform Standards of Professional 

15 Appraisal Practice. 

16 (f) SURVEYS.— 

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

18 description of the Federal land and non-Federal land 

19 to be exchanged under subsection (a) shall be deter20 mined by surveys approved by the Secretary. 

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

22 shall divide equally between the Secretary and the 

23 landowner— 

24 (A) the costs of any surveys conducted 

25 under paragraph (1); and 


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1 (B) any other administrative costs of car2 rying out the land exchange under this section. 

3 (g) DEADLINE FOR COMPLETION OF LAND EX4 CHANGE.—It is the intent of Congress that the land ex5 changes under subsection (a) be completed by the date 

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

7 of this Act. 

8 (h) ADDITION TO WILDERNESS AREAS.—On comple9 tion of the land exchanges under subsection (a), the non10 Federal land shall— 

11 (1) become part of the adjacent wilderness area; 

12 and 

13 (2) be managed in accordance with— 

14 (A) this Act; 

15 (B) the Wilderness Act (16 U.S.C. 1131 et 

16 seq.); and 

17 (C) any other applicable law. 

18 SEC. 5. CONVEYANCES OF BUREAU OF LAND MANAGEMENT 

19 LAND TO WHEELER COUNTY, OREGON. 

20 (a) IN GENERAL.—As soon as practicable after the 

21 date of enactment of this Act, subject to valid existing 

22 rights and this section, and notwithstanding the land use 

23 planning requirements of sections 202 and 203 of the Fed24 eral Land Policy and Management Act of 1976 (43 U.S.C. 

25 1712, 1713), the Secretary shall convey to the County, 


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1 without consideration, all right, title, and interest of the 

2 United States in and to each parcel of Federal land de3 scribed in subsection (b) for which the County has sub4 mitted to the Secretary a request for conveyance by the 

5 date that is not later than 1 year after the date of enact6 ment of this Act. 

7 (b) DESCRIPTION OF LAND.—The parcels of Federal 

8 land referred to in subsection (a) consist of— 

9 (1) the approximately 1,950 acres of land man10 aged by the Bureau of Land Management, Prineville 

11 District, Oregon, depicted on the Map as ‘‘Wheeler 

12 County Conveyance 1’’; and 

13 (2) the approximately 120 acres of land man14 aged by the Bureau of Land Management, Prineville 

15 District, Oregon, depicted on the Map as ‘‘Wheeler 

16 County Conveyance 2’’. 

17 (c) AVAILABILITY OF MAP.—The Map shall be on file 

18 and available for public inspection in the appropriate of19 fices of the Bureau of Land Management. 

20 (d) USE OF CONVEYED LAND.— 

21 (1) IN GENERAL.—Consistent with the Act of 

22 June 14, 1926 (commonly known as the ‘‘Recreation 

23 and Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

24 the Federal land conveyed under subsection (a) shall 

25 be used for a purpose consistent with that Act. 


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1 (2) WITHDRAWAL.—Subject to valid existing 

2 rights, each parcel of land described in subsection 

3 (b) is withdrawn from— 

4 (A) all forms of location, entry, and patent 

5 under the mining laws; and 

6 (B) disposition under all laws relating to 

7 mineral leasing and geothermal leasing. 

8 (3) ADDITIONAL TERMS AND CONDITIONS.— 

9 The Secretary may require such additional terms 

10 and conditions for the conveyances under subsection 

11 (a) as the Secretary determines to be appropriate to 

12 protect the interests of the United States. 

13 (e) ADMINISTRATIVE COSTS.—The Secretary shall 

14 require the County to pay all survey costs and other ad15 ministrative costs associated with the conveyances to the 

16 County under this section. 

17 (f) REVERSION.—If the land conveyed under sub18 section (a) ceases to be used for the public purpose for 

19 which the land was conveyed, the land shall, at the discre20 tion of the Secretary, revert to the United States. 

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

22 modifies, enlarges, diminishes, or abrogates the treaty 

23 rights of any Indian tribe. 


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1 SEC. 6. 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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