II 

117TH CONGRESS 

1ST SESSION S. 3144 

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, and Wheeler County, Oregon, for conservation, economic, and 

community development purposes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 3, 2021 

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, 

and Wheeler County, 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) LANDOWNER.—The term ‘‘landowner’’ 

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


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1 a land exchange with the Secretary under section 

2 4(a). 

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

4 means the area that consists of the approximately 

5 27,184 acres of land generally depicted as ‘‘Pro6 posed National Monument-Lower Unit’’ on the Map. 

7 (7) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Monument developed by the Secretary under section 

10 3(d)(2). 

11 (8) MAP.—The term ‘‘Map’’ means the map 

12 prepared by the Bureau of Land Management enti13 tled ‘‘Sutton Complex-Painted Hills National Monu14 ment Proposal’’ and dated October 27, 2021. 

15 (9) MONUMENT.—The term ‘‘Monument’’ 

16 means the Sutton Mountain National Monument es17 tablished by section 3(a). 

18 (10) PASSIVE HABITAT MANAGEMENT.—The 

19 term ‘‘passive habitat management’’ means those ac20 tions that are proposed or implemented to address 

21 degraded or non-functioning resource conditions that 

22 are expected to improve the ecological health of the 

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

24 that resource objectives and desired outcomes are 


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1 anticipated to be reached without additional human 

2 intervention. 

3 (11) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Interior. 

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

6 State of Oregon. 

7 (13) UPPER UNIT.—The term ‘‘Upper Unit’’ 

8 means the area that consists of the approximately 

9 38,023 acres of land generally depicted as ‘‘Pro10 posed National Monument-Upper Unit’’ on the Map. 

11 SEC. 3. ESTABLISHMENT OF SUTTON MOUNTAIN NATIONAL 

12 MONUMENT. 

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

14 the Sutton Mountain National Monument, consisting of 

15 the following 2 management units, as generally depicted 

16 on the Map: 

17 (1) Upper Unit. 

18 (2) Lower Unit. 

19 (b) PURPOSES.—The purposes of the Monument 

20 are— 

21 (1) to increase the wildfire resiliency of Sutton 

22 Mountain and the surrounding area; and 

23 (2) to conserve, protect, and enhance the long24 term ecological health of Sutton Mountain and the 

25 surrounding area for present and future generations. 


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

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

3 those purposes, the Secretary shall manage the Monument 

4 for the benefit of present and future generations— 

5 (1) to support and promote the growth of local 

6 communities and economies; 

7 (2) to promote the scientific and educational 

8 values of the Monument; 

9 (3) to maintain sustainable grazing on the Fed10 eral land within the Upper Unit and Lower Unit, in 

11 accordance with applicable Federal law; 

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

13 and other uses that are sustainable, in accordance 

14 with applicable Federal law; 

15 (5) to ensure the conservation, protection, res16 toration, and improved management of the ecologi17 cal, social, and economic environment of the Monu18 ment, including geological, paleontological, biological, 

19 wildlife, riparian, and scenic resources; 

20 (6) to reduce the risk of wildfire within the 

21 Monument and the surrounding area, including 

22 through juniper removal and habitat restoration, as 

23 appropriate; and 

24 (7)(A) to allow for active habitat restoration in 

25 the Lower Unit; and 


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1 (B) to allow for passive habitat management in 

2 the Upper Unit and Lower Unit. 

3 (d) MANAGEMENT AUTHORITIES.— 

4 (1) IN GENERAL.—The Secretary shall manage 

5 the Monument— 

6 (A) in accordance with— 

7 (i) the Federal Land Policy and Man8 agement Act of 1976 (43 U.S.C. 1701 et 

9 seq.) and other applicable laws; and 

10 (ii) this Act; and 

11 (B) in a manner that— 

12 (i) improves wildfire resiliency; and 

13 (ii) ensures the conservation, protec14 tion, and improved management of the eco15 logical, social, and economic environment 

16 of the Monument, including geological, pa17 leontological, biological, wildlife, riparian, 

18 and scenic resources, North American In19 dian Tribal and cultural and archaeological 

20 resource sites, and additional cultural and 

21 historic sites and culturally significant na22 tive species. 

23 (2) MANAGEMENT PLAN.— 

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

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 02:10 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3144.IS S3144

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1 retary shall develop a comprehensive manage2 ment plan for the long-term conservation and 

3 management of the Monument that fulfills the 

4 purposes of the Monument described in sub5 section (b). 

6 (B) REQUIREMENTS.—The management 

7 plan developed under subparagraph (A) shall— 

8 (i) describe the appropriate uses and 

9 management of each of the Upper Unit 

10 and the Lower Unit, consistent with the 

11 purposes and objectives of this Act; 

12 (ii) include an assessment of ecologi13 cal conditions of the Monument, including 

14 an assessment of— 

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

16 juniper encroachments at the Monu17 ment; and 

18 (II) the ecological impacts of the 

19 juniper encroachments at the Monu20 ment; 

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

22 and long-term, active habitat restoration 

23 and passive habitat management actions— 


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1 (I) to reduce wildfire risk and 

2 improve the resilience of native plant 

3 communities; and 

4 (II) to restore historical native 

5 vegetation communities, including the 

6 prioritization of the removal of 

7 invasive annual grasses and juniper 

8 trees in the Lower Unit; 

9 (iv) include a habitat restoration op10 portunities component that prioritizes— 

11 (I) restoration within the Lower 

12 Unit; and 

13 (II) maintenance of the existing 

14 wilderness character of the Upper 

15 Unit; 

16 (v) include a riparian conservation 

17 and restoration component to support 

18 anadromous and other native fish, wildlife, 

19 and other riparian resources and values in 

20 the monument; 

21 (vi) include a recreational enhance22 ment component that prioritizes— 

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1 nized recreation in the Lower Unit; 

2 and 

3 (II) enhancing nonmechanized, 

4 primitive, and unconfined recreation 

5 opportunities in the Upper Unit; 

6 (vii) include an active habitat restora7 tion component that prioritizes, with re8 spect to the Lower Unit— 

9 (I) the restoration of native eco10 systems; 

11 (II) the enhancement of recre12 ation and grazing activities; and 

13 (III) activities that will reduce 

14 wildfire risk; 

15 (viii) include a passive habitat man16 agement component that prioritizes, with 

17 respect to the Upper Unit— 

18 (I) the restoration of native eco19 systems; and 

20 (II) management activities that 

21 will reduce the risk of wildfire; 

22 (ix) determine measurable and achiev23 able management objectives, consistent 

24 with the management objectives described 


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1 in subsection (c), to ensure the ecological 

2 health of the Monument; 

3 (x) develop a monitoring program for 

4 the Monument so that progress towards ec5 ological health objectives can be deter6 mined; 

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

8 comprehensive transportation plan devel9 oped in accordance with subsection (e); 

10 and 

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

12 wildfire mitigation plan developed in ac13 cordance with paragraph (4). 

14 (3) WILDFIRE RISK ASSESSMENT.—Not later 

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

16 the Secretary, in consultation with the Governor’s 

17 Council on Wildfire Response of the State, shall con18 duct a wildfire risk assessment of the Upper Unit 

19 and the Lower Unit. 

20 (4) WILDFIRE MITIGATION PLAN.— 

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

22 after the date on which the wildfire risk assess23 ment is conducted under paragraph (3), the 

24 Secretary shall develop, based on the wildfire 

25 risk assessment, a wildfire mitigation plan as 


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1 part of the management plan developed under 

2 paragraph (2) that identifies, evaluates, and 

3 prioritizes management activities that can be 

4 implemented in the Lower Unit to mitigate 

5 wildfire risk to structures and communities lo6 cated near the Monument. 

7 (B) PLAN COMPONENTS.—The wildfire 

8 mitigation plan developed under subparagraph 

9 (A) shall include— 

10 (i) appropriate vegetation manage11 ment projects (including mechanical treat12 ments to reduce hazardous fuels and im13 prove ecological health and resiliency); 

14 (ii) necessary evacuation routes for 

15 communities located near the Monument, 

16 to be developed in consultation with the 

17 State and local fire agencies; 

18 (iii) strategies for public dissemination 

19 of emergency evacuation plans and routes; 

20 (iv) appropriate passive habitat man21 agement activities; and 

22 (v) strategies or management require23 ments to protect items of value identified 

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1 ument prepared by the National Inter2 agency Fire Center entitled ‘‘Interagency 

3 Standards for Fire and Fire Aviation Op4 erations’’ or successor interagency agree5 ment or guidance. 

6 (C) APPLICABLE LAW.—The wildfire miti7 gation plan under subparagraph (A) shall be 

8 developed in accordance with— 

9 (i) this Act; and 

10 (ii) any other applicable law. 

11 (5) TEMPORARY ROADS.— 

12 (A) IN GENERAL.—Consistent with the 

13 purposes of this Act and the comprehensive 

14 transportation plan under subsection (e), the 

15 Secretary may travel off-road or establish tem16 porary roads within the Lower Unit to imple17 ment the wildfire mitigation plan developed 

18 under paragraph (4). 

19 (B) EFFECT ON WILDFIRE MANAGE20 MENT.—Nothing in this section affects the au21 thority of the Secretary, in cooperation with 

22 other Federal, State, and local agencies, as ap23 propriate, to conduct wildland fire operations at 

24 the Monument, consistent with the purposes of 

25 this Act. 


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1 (6) INCORPORATION OF ACQUIRED LAND AND

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

3 within the boundary of the Monument or adjacent to 

4 the Monument that is acquired by the United States 

5 shall— 

6 (A) become part of the Monument; and 

7 (B) be managed in accordance with— 

8 (i) this Act; and 

9 (ii) applicable Federal laws. 

10 (e) COMPREHENSIVE TRANSPORTATION PLAN.— 

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

12 as part of the management plan a comprehensive 

13 transportation plan for the Monument, which shall 

14 address— 

15 (A) motorized, mechanized, and non16 motorized use; 

17 (B) the maintenance and closure of motor18 ized and nonmotorized routes; and 

19 (C) travel access. 

20 (2) PROHIBITION OF MOTORIZED AND MECHA21 NIZED USE IN THE UPPER UNIT.—Except as pro22 vided in paragraphs (3), (4), and (7), motorized and 

23 mechanized use shall be prohibited in the Upper 

24 Unit. 


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1 (3) PROHIBITION OF OFF-ROAD MOTORIZED

2 TRAVEL.—Except in cases in which motorized or 

3 mechanized vehicles are needed for administrative 

4 purposes, ecological restoration projects, or to re5 spond to an emergency, the use of motorized or 

6 mechanized vehicles in the Monument shall be per7 mitted only on routes designated by the transpor8 tation plan developed under paragraph (1). 

9 (4) PROHIBITION OF NEW CONSTRUCTION.— 

10 Except as provided in paragraph (5), no new motor11 ized routes of any type shall be constructed within 

12 the Monument unless the Secretary determines, in 

13 consultation with the public, that the motorized 

14 route is necessary for public safety in the Upper 

15 Unit or Lower Unit. 

16 (5) TEMPORARY MOTORIZED ROUTES IN THE

17 LOWER UNIT.—Notwithstanding paragraph (4), tem18 porary motorized routes may be developed in the 

19 Lower Unit to assist with the removal of juniper. 

20 (6) TRAILS.—Nothing in this subsection limits 

21 the authority of the Secretary to construct or main22 tain trails for nonmotorized or nonmechanized use in 

23 the Upper Unit or Lower Unit. 

24 (7) ACCESS TO INHOLDINGS.—The Secretary 

25 shall provide reasonable access to inholdings within 


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1 the boundaries of the Monument to provide private 

2 landowners the reasonable use of the inholdings, in 

3 accordance with section 1323(b) of the Alaska Na4 tional Interest Lands Conservation Act (16 U.S.C. 

5 3210(b)). 

6 (8) MODIFICATIONS TO EXISTING ROADS.— 

7 (A) IN GENERAL.—Consistent with the 

8 purposes of this Act, the existing roads de9 scribed in subparagraph (B) may be modified 

10 or altered within 50 feet on either side of the 

11 applicable road, as the Secretary determines to 

12 be necessary to support use of motorized or 

13 mechanized vehicles for access, utility develop14 ment, or public safety. 

15 (B) DESCRIPTION OF ROADS.—The roads 

16 referred to in subparagraph (A) are Burnt 

17 Ranch Road, Twickenham Road, Girds Creek 

18 Road, and the Logging Road, as depicted on 

19 the Map. 

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

21 grant to the County a right-of-way for mainte22 nance and repair within 50 feet of Twickenham 

23 Road and Girds Creek Road. 

24 (f) GRAZING.— 


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

2 the Monument, if established before the date of en3 actment of this Act, shall be allowed to continue— 

4 (A) subject to— 

5 (i) such reasonable regulations, poli6 cies, and practices as the Secretary con7 siders necessary; and 

8 (ii) applicable law (including regula9 tions); and 

10 (B) in a manner consistent with the au11 thorities described in subsection (d). 

12 (2) VOLUNTARY RELINQUISHMENT OF GRAZING

13 PERMITS OR LEASES.— 

14 (A) ACCEPTANCE BY SECRETARY.—The 

15 Secretary shall accept the voluntary relinquish16 ment of any valid existing permits or leases au17 thorizing grazing on public land, all or a por18 tion of which is within the Monument. 

19 (B) TERMINATION.—With respect to each 

20 permit or lease voluntarily relinquished under 

21 subparagraph (A), the Secretary shall— 

22 (i) terminate the grazing permit or 

23 lease; and 


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1 (ii) ensure a permanent end to graz2 ing on the land covered by the permit or 

3 lease. 

4 (C) PARTIAL RELINQUISHMENT.— 

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

6 a valid grazing permit or lease voluntarily 

7 relinquishes less than the full level of graz8 ing use authorized under the permit or 

9 lease under subparagraph (A), the Sec10 retary shall— 

11 (I) reduce the authorized grazing 

12 level to reflect the voluntary relin13 quishment; and 

14 (II) modify the permit or lease to 

15 reflect the revised level. 

16 (ii) AUTHORIZED LEVEL.—To ensure 

17 that there is a permanent reduction in the 

18 authorized level of grazing on the land cov19 ered by a permit or lease voluntarily relin20 quished under clause (i), the Secretary 

21 shall not allow grazing use to exceed the 

22 authorized level established under that 

23 clause. 

24 (g) PROHIBITION ON CONSTRUCTION OF NEW FA25 CILITIES.—No new facilities may be constructed in the 


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1 Monument unless the Secretary determines that the facil2 ity— 

3 (1) will be minimal in nature; 

4 (2) is consistent with the purposes of the Monu5 ment described in subsection (b); and 

6 (3) is necessary— 

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

8 watershed conditions; 

9 (B) to provide for public information, 

10 health, or safety; 

11 (C) for the management of livestock; or 

12 (D) for the management, but not pro13 motion, of recreation. 

14 (h) RELEASE OF WILDERNESS STUDY AREA.— 

15 (1) FINDING.—Congress finds that, for pur16 poses of section 603(c) of the Federal Land Policy 

17 and Management Act of 1976 (43 U.S.C. 1782(c)), 

18 any portion of Federal land designated as a wilder19 ness study area within the Monument as of the date 

20 of enactment of this Act has been adequately studied 

21 for wilderness designation. 

22 (2) RELEASE.—The land described in para23 graph (1)— 


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1 (A) is no longer subject to section 603(c) 

2 of the Federal Land Policy and Management 

3 Act of 1976 (43 U.S.C. 1782(c)); and 

4 (B) shall be managed in accordance with— 

5 (i) this Act; and 

6 (ii) applicable land use plans adopted 

7 under section 202 of that Act (43 U.S.C. 

8 1712). 

9 (i) EFFECT ON EXISTING RIGHTS.—Nothing in this 

10 section— 

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

12 included in the Monument that is in existence on the 

13 date of enactment of this Act; or 

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

15 inholding within, or private land adjoining, the 

16 boundary of the Monument to obtain permits or 

17 easements from any Federal agency with jurisdiction 

18 over the Monument to support existing uses, access, 

19 management, or maintenance of the private prop20 erty. 

21 (j) WATER RIGHTS AND INFRASTRUCTURE.—Noth22 ing in this section— 

23 (1) constitutes an express or implied claim or 

24 denial on the part of the Federal Government re25 garding an exemption from State water laws; or 


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1 (2) prohibits access to existing water infrastruc2 ture within the boundaries of the Monument. 

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

4 modifies, enlarges, diminishes, or abrogates the treaty 

5 rights of any Indian Tribe. 

6 SEC. 4. LAND EXCHANGES. 

7 (a) AUTHORIZATION.— 

8 (1) FAULKNER EXCHANGE.— 

9 (A) IN GENERAL.—Subject to subsections 

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

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

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

13 interest of the landowner in and to the non14 Federal land, the Secretary shall— 

15 (i) accept the offer; and 

16 (ii) on receipt of acceptable title to the 

17 non-Federal land and subject to valid ex18 isting rights, convey to the landowner all 

19 right, title, and interest of the United 

20 States in and to the Federal land described 

21 in subparagraph (B)(ii). 

22 (B) DESCRIPTION OF LAND.— 

23 (i) NON-FEDERAL LAND.—The non24 Federal land referred to in subparagraph 

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1 Federal land identified on the Map as 

2 ‘‘Faulkner to BLM’’. 

3 (ii) FEDERAL LAND.—The Federal 

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

5 the approximately 10 acres of Federal land 

6 identified on the Map as ‘‘BLM to Faulk7 ner’’. 

8 (2) QUANT EXCHANGE.— 

9 (A) IN GENERAL.—Subject to subsections 

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

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

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

13 interest of the landowner in and to the non14 Federal land, the Secretary shall— 

15 (i) accept the offer; and 

16 (ii) on receipt of acceptable title to the 

17 non-Federal land and subject to valid ex18 isting rights, convey to the landowner all 

19 right, title, and interest of the United 

20 States in and to the Federal land described 

21 in subparagraph (B)(ii). 

22 (B) DESCRIPTION OF LAND.— 

23 (i) NON-FEDERAL LAND.—The non24 Federal land referred to in subparagraph 

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1 Federal land identified on the Map as 

2 ‘‘Quant to BLM’’. 

3 (ii) FEDERAL LAND.—The Federal 

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

5 the approximately 271 acres of Federal 

6 land identified on the Map as ‘‘BLM to 

7 Quant’’. 

8 (3) TWICKENHAM LIVESTOCK LLC EX9 CHANGE.— 

10 (A) IN GENERAL.—Subject to subsections 

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

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

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

14 interest of the landowner in and to the non15 Federal land, the Secretary shall— 

16 (i) accept the offer; and 

17 (ii) on receipt of acceptable title to the 

18 non-Federal land and subject to valid ex19 isting rights, convey to the landowner all 

20 right, title, and interest of the United 

21 States in and to the Federal land described 

22 in subparagraph (B)(ii). 

23 (B) DESCRIPTION OF LAND.— 

24 (i) NON-FEDERAL LAND.—The non25 Federal land referred to in subparagraph 


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1 (A) is the approximately 574 acres of non2 Federal land identified on the Map as 

3 ‘‘Twickenham to BLM’’. 

4 (ii) FEDERAL LAND.—The Federal 

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

6 the approximately 566 acres of Federal 

7 land identified on the Map as ‘‘BLM to 

8 Twickenham’’. 

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

10 in this section, the Secretary shall carry out each land ex11 change under subsection (a) in accordance with section 

12 206 of the Federal Land Policy and Management Act of 

13 1976 (43 U.S.C. 1716). 

14 (c) CONDITIONS.—Each land exchange under sub15 section (a) shall be subject to such terms and conditions 

16 as the Secretary may require. 

17 (d) EQUAL VALUE EXCHANGE.— 

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

19 land and non-Federal land to be exchanged under 

20 subsection (a)— 

21 (A) shall be equal; or 

22 (B) shall be made equal in accordance with 

23 paragraph (2). 

24 (2) EQUALIZATION.— 


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

2 value of Federal land exceeds the value of non3 Federal land to be conveyed under a land ex4 change authorized under subsection (a), the 

5 value of the Federal land and non-Federal land 

6 shall be equalized by reducing the acreage of 

7 the Federal land to be conveyed, as determined 

8 to be appropriate and acceptable by the Sec9 retary and the landowner. 

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

11 the value of the non-Federal land exceeds the 

12 value of the Federal land, the value of the Fed13 eral land and non-Federal land shall be equal14 ized by reducing the acreage of the non-Federal 

15 land to be conveyed, as determined to be appro16 priate and acceptable by the Secretary and the 

17 landowner. 

18 (e) APPRAISALS.— 

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

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

21 the landowner shall select an appraiser to conduct 

22 an appraisal of the Federal land and non-Federal 

23 land to be exchanged under subsection (a). 


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1 (2) REQUIREMENTS.—An appraisal under para2 graph (1) shall be conducted in accordance with na3 tionally recognized appraisal standards, including— 

4 (A) the Uniform Appraisal Standards for 

5 Federal Land Acquisitions; and 

6 (B) the Uniform Standards of Professional 

7 Appraisal Practice. 

8 (f) SURVEYS.— 

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

10 description of the Federal land and non-Federal land 

11 to be exchanged under subsection (a) shall be deter12 mined by surveys approved by the Secretary. 

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

14 shall divide equally between the Secretary and the 

15 landowner— 

16 (A) the costs of any surveys conducted 

17 under paragraph (1); and 

18 (B) any other administrative costs of car19 rying out the land exchange under this section. 

20 (g) VALID EXISTING RIGHTS.—The exchange of Fed21 eral land and non-Federal land under subsection (a) shall 

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

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

24 (h) DEADLINE FOR COMPLETION OF LAND EX25 CHANGE.—It is the intent of Congress that the land exVerDate Sep 11 2014 02:10 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3144.IS S3144

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1 changes under subsection (a) be completed by the date 

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

3 of this Act. 

4 SEC. 5. WITHDRAWAL. 

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

6 the Federal land and any interest in the Federal land in7 cluded within the Monument is withdrawn from— 

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

9 disposal under the public land laws; 

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

11 laws; and 

12 (3) operation of— 

13 (A) the mineral leasing and geothermal 

14 leasing laws; and 

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

16 the minerals materials laws. 

17 (b) ROAD MAINTENANCE.—As the Secretary deter18 mines to be consistent with the purposes of this Act and 

19 the management plan, the Secretary may permit the devel20 opment of saleable mineral resources, for road mainte21 nance use only, in a location identified on the Map as an 

22 existing ‘‘gravel pit’’ within the area withdrawn by sub23 section (a), if the development was authorized before the 

24 date of enactment of this Act. 


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1 SEC. 6. TREATMENT OF STATE LAND AND MINERAL INTER2 ESTS. 

3 (a) ACQUISITION REQUIRED.—The Secretary shall 

4 acquire, for approximately equal value and as agreed to 

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

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

7 section 5(a). 

8 (b) ACQUISITION METHODS.—The Secretary shall ac9 quire the State land and interests in land under subsection 

10 (a) in exchange for— 

11 (1) the conveyance of Federal land or Federal 

12 mineral interests that are outside the boundaries of 

13 the area withdrawn by section 5(a); 

14 (2) a payment to the State; or 

15 (3) a combination of the methods described in 

16 paragraphs (1) and (2). 

17 SEC. 7. CONVEYANCES OF BUREAU OF LAND MANAGEMENT 

18 LAND TO THE CITY OF MITCHELL, OREGON, 

19 AND WHEELER COUNTY, OREGON. 

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

21 planning requirements of sections 202 and 203 of the Fed22 eral Land Policy and Management Act of 1976 (43 U.S.C. 

23 1712, 1713)— 

24 (1) on the request of the City, the Secretary 

25 shall convey to the City, without consideration, the 

26 approximately 1,327 acres of Federal land generally 


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1 depicted on the Map as ‘‘City of Mitchell Convey2 ance’’; and 

3 (2) on request of the County, the Secretary 

4 shall convey to the County, without consideration, 

5 the approximately 159 acres of Federal land gen6 erally depicted on the Map as ‘‘Wheeler County Con7 veyance’’. 

8 (b) USE OF CONVEYED LAND.— 

9 (1) IN GENERAL.—Subject to paragraphs (2) 

10 and (3), the Federal land conveyed under subsection 

11 (a) shall be used for recreation or other public pur12 poses consistent with the Act of June 14, 1926 

13 (commonly known as the ‘‘Recreation and Public 

14 Purposes Act’’) (44 Stat. 741, chapter 578; 43 

15 U.S.C. 869 et seq.). 

16 (2) AFFORDABLE OR SENIOR HOUSING.—Not 

17 more than 50 acres of the Federal land conveyed 

18 under subsection (a)(1) may be used for the con19 struction of affordable or senior housing. 

20 (3) ECONOMIC DEVELOPMENT.—Not more than 

21 50 acres of the Federal land conveyed under sub22 section (a)(1) may be used to support economic de23 velopment. 

24 (c) MAP AND LEGAL DESCRIPTIONS.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall finalize legal descriptions of the parcels of land 

4 to be conveyed under subsection (a). 

5 (2) CORRECTIONS OF ERRORS.—The Secretary 

6 may correct minor errors in the Map or the legal de7 scriptions. 

8 (3) AVAILABILITY.—The Map and legal descrip9 tions shall be on file and available for public inspec10 tion in the appropriate offices of the Bureau of 

11 Land Management. 

12 (d) REVERSION.— 

13 (1) IN GENERAL.—If any parcel of land con14 veyed under subsection (a) ceases to be used for the 

15 purposes described in subsection (b), the land shall, 

16 at the discretion of the Secretary based on the deter17 mination of the Secretary of the best interests of the 

18 United States, revert to the United States. 

19 (2) RESPONSIBILITY OF LOCAL GOVERNMENTAL

20 ENTITY.—If the Secretary determines under para21 graph (1) that the land should revert to the United 

22 States, and if the Secretary determines that the land 

23 is contaminated with hazardous waste, the City or 

24 the County, as applicable, shall be responsible for re25 mediation of the contamination. 


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

2 modifies, enlarges, diminishes, or abrogates the treaty 

3 rights of any Indian Tribe. 

4 SEC. 8. COORDINATION WITH UNITS OF LOCAL GOVERN5 MENT. 

6 The Secretary shall coordinate with units of local gov7 ernment, including the County commission and the City, 

8 in accordance with section 202 of the Federal Land Policy 

9 and Management Act of 1976 (43 U.S.C. 1712) and sec10 tion 1610.3–1 of title 43, Code of Federal Regulations (or 

11 a successor regulation) in— 

12 (1) developing the management plan; 

13 (2) prioritizing implementation of project-level 

14 activities under the management plan; 

15 (3) developing activities that implement the 

16 management plan; and 

17 (4) carrying out any other activities under this 

18 Act. 

19 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out this Act. 

Æ 


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