II 

112TH CONGRESS 

1ST SESSION S. 607 

To designate certain land in the State of Oregon as wilderness, to provide 

for the exchange of certain Federal land and non-Federal land, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Mr. WYDEN (for himself and 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 land in the State of Oregon as wilderness, to provide for the exchange of certain Federal 

land and non-Federal land, 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 ‘‘Cathedral Rock and 

5 Horse Heaven Wilderness Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) LAND EXCHANGE MAP.—The term ‘‘land 

2 exchange map’’ means the map entitled ‘‘Antone 

3 Ranch Exchanges’’ and dated July 26, 2010. 

4 (2) PROPOSED WILDERNESS MAP.—The term 

5 ‘‘proposed wilderness map’’ means the map entitled 

6 ‘‘Cathedral Rock and Horse Heaven Wilderness’’ 

7 and dated November 8, 2010. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (4) STATE.—The term ‘‘State’’ means the State 

11 of Oregon. 

12 SEC. 3. LAND EXCHANGES. 

13 (a) AUTHORIZATION.— 

14 (1) SMITH EXCHANGE.— 

15 (A) IN GENERAL.—Subject to subsections 

16 (b) through (e), 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 owner in and to the non-Federal 

20 land, the Secretary shall— 

21 (i) accept the offer; and 

22 (ii) convey to the owner of the non23 Federal land all right, title, and interest of 

24 the United States in and to the Federal 

25 land described in subparagraph (B)(ii). 


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1 (B) DESCRIPTION OF LAND.— 

2 (i) NON-FEDERAL LAND.—The non3 Federal land referred to in subparagraph 

4 (A) is the approximately 1,135 acres of 

5 non-Federal land generally depicted on the 

6 proposed wilderness map as ‘‘Land trans7 fer from Smith to BLM’’. 

8 (ii) FEDERAL LAND.—The Federal 

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

10 the approximately 1,195 acres of Federal 

11 land generally depicted on the proposed 

12 wilderness map as ‘‘Land transfer from 

13 BLM to Smith’’. 

14 (2) SHRUM EXCHANGE.— 

15 (A) IN GENERAL.—Subject to subsections 

16 (b) through (e), 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 owner in and to the non-Federal 

20 land, the Secretary shall— 

21 (i) accept the offer; and 

22 (ii) convey to the owner of the non23 Federal land all right, title, and interest of 

24 the United States in and to the Federal 

25 land described in subparagraph (B)(ii). 


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1 (B) DESCRIPTION OF LAND.— 

2 (i) NON-FEDERAL LAND.—The non3 Federal land referred to in subparagraph 

4 (A) is the approximately 415 acres of non5 Federal land generally depicted on the pro6 posed wilderness map as ‘‘Land transfer 

7 from Shrum to BLM’’. 

8 (ii) FEDERAL LAND.—The Federal 

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

10 the approximately 555 acres of Federal 

11 land generally depicted on the proposed 

12 wilderness map as ‘‘Land transfer from 

13 BLM to Shrum’’. 

14 (3) YOUNG LIFE EXCHANGE.— 

15 (A) IN GENERAL.—Subject to subsections 

16 (b) through (e), 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 owner in and to the non-Federal 

20 land, the Secretary and the Secretary of Agri21 culture shall— 

22 (i) accept the offer; and 

23 (ii) convey to the owner of the non24 Federal land all right, title, and interest of 


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1 the United States in and to the Federal 

2 land described 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 10,290 acres of 

7 non-Federal land generally depicted on the 

8 proposed wilderness map as ‘‘Land trans9 fer from Young Life to BLM’’. 

10 (ii) FEDERAL LAND.—The Federal 

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

12 is— 

13 (I) the approximately 11,365 

14 acres of Federal land generally de15 picted on the proposed wilderness map 

16 as ‘‘Land transfer from BLM to 

17 Young Life’’; 

18 (II) the approximately 645 acres 

19 of Federal land generally depicted on 

20 the land exchange map as ‘‘Land 

21 transfer from BLM to Young Life’’; 

22 and 

23 (III) the approximately 690 acres 

24 of Federal land generally depicted on 


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1 the land exchange map as ‘‘Land 

2 transfer from USFS to Young Life’’. 

3 (b) APPLICABLE LAW.—Each land exchange under 

4 subsection (a) shall be carried out in accordance with sec5 tion 206 of the Federal Land Policy and Management Act 

6 of 1976 (43 U.S.C. 1716), including the requirement that 

7 the Secretary determine that the public interest will be 

8 well served by making the exchange. 

9 (c) CONDITIONS.—Each land exchange under sub10 section (a) shall be subject to— 

11 (1) valid existing rights; 

12 (2) the condition that the owner make the offer 

13 to convey all or part of the non-Federal land during 

14 the 3-year period beginning on the date of enact15 ment of this Act; 

16 (3) the condition that the owner of the non17 Federal land pay not less than 50 percent of all 

18 costs relating to the land exchange, including the 

19 costs of appraisals, surveys, and any necessary envi20 ronmental clearances; 

21 (4) the condition that title to the non-Federal 

22 land be acceptable to the Secretary and in conform23 ance with the title approval standards applicable to 

24 Federal land acquisitions; and 


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1 (5) such terms and conditions as the Secretary 

2 or the Secretary of Agriculture, as appropriate, may 

3 require. 

4 (d) VALUATION, APPRAISALS, AND EQUALIZATION.— 

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

6 land and the non-Federal land to be conveyed in 

7 each land exchange under this section— 

8 (A) shall be equal, as determined by ap9 praisals conducted in accordance with para10 graph (2); or 

11 (B) if not equal, shall be equalized in ac12 cordance with paragraph (3). 

13 (2) APPRAISALS.— 

14 (A) IN GENERAL.—The Federal land and 

15 the non-Federal land to be exchanged under 

16 this section shall be appraised by an inde17 pendent, qualified appraiser that is agreed to by 

18 the Secretary or the Secretary of Agriculture, 

19 as appropriate. 

20 (B) REQUIREMENTS.—An appraisal under 

21 subparagraph (A) shall be conducted in accord22 ance with— 

23 (i) the Uniform Appraisal Standards 

24 for Federal Land Acquisitions; and 


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1 (ii) the Uniform Standards of Profes2 sional Appraisal Practice. 

3 (3) EQUALIZATION.— 

4 (A) IN GENERAL.—If the value of the Fed5 eral land and the non-Federal land to be con6 veyed in a land exchange under this section is 

7 not equal, the value may be equalized by— 

8 (i) making a cash equalization pay9 ment to the Secretary or to the owner of 

10 the non-Federal land, as appropriate, in 

11 accordance with section 206(b) of the Fed12 eral Land Policy and Management Act of 

13 1976 (43 U.S.C. 1716(b)); or 

14 (ii) reducing the acreage of the Fed15 eral land or the non-Federal land to be ex16 changed, as appropriate. 

17 (B) CASH EQUALIZATION PAYMENTS.— 

18 Any cash equalization payments received by the 

19 Secretary under subparagraph (A)(i) shall be— 

20 (i) deposited in the Federal Land Dis21 posal Account established by section 

22 206(a) of the Federal Land Transaction 

23 Facilitation Act (43 U.S.C. 2305(a)); and 

24 (ii) used in accordance with that Act. 


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1 (e) SURVEYS.—The exact acreage and legal descrip2 tion of the Federal land and non-Federal land to be ex3 changed under subsection (a) shall be determined by sur4 veys approved by the Secretary. 

5 (f) COMPLETION OF LAND EXCHANGE.—It is the in6 tent of Congress that the land exchanges under this sec7 tion be completed not later than 5 years after the date 

8 of enactment of this Act. 

9 (g) TRANSFER OF ADMINISTRATIVE JURISDIC10 TION.— 

11 (1) IN GENERAL.—Administrative jurisdiction 

12 over the approximately 750 acres of Federal land 

13 managed by the Bureau of Land Management gen14 erally depicted on the land exchange map as ‘‘Land 

15 transfer from BLM to USFS’’ is transferred from 

16 the Bureau of Land Management to the Forest 

17 Service. 

18 (2) ADMINISTRATION.—The Secretary of Agri19 culture shall administer the transferred land in ac20 cordance with— 

21 (A) the Act of March 1, 1911 (commonly 

22 known as the ‘‘Weeks Act’’) (16 U.S.C. 480 et 

23 seq.); and 

24 (B) the laws (including regulations) appli25 cable to the National Forest System. 


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1 (3) COSTS.—Any costs relating to the transfer 

2 under paragraph (1), including any costs for surveys 

3 and other administrative costs, shall be paid by the 

4 Secretary of Agriculture. 

5 SEC. 4. POTENTIAL WILDERNESS AREAS. 

6 (a) DESIGNATION OF POTENTIAL WILDERNESS.— 

7 (1) IN GENERAL.—In furtherance of the pur8 poses of the Wilderness Act (16 U.S.C. 1131 et 

9 seq.), the following areas of Federal land managed 

10 by the Bureau of Land Management in the State 

11 are designated as potential wilderness areas until the 

12 date described in paragraph (2): 

13 (A) CATHEDRAL ROCK.—Certain land 

14 comprising approximately 4,560 acres generally 

15 depicted on the proposed wilderness map as 

16 ‘‘Proposed Cathedral Rock Wilderness’’. 

17 (B) HORSE HEAVEN.—Certain land com18 prising approximately 2,815 acres generally de19 picted on the proposed wilderness map as ‘‘Pro20 posed Horse Heaven Wilderness’’. 

21 (2) INTERIM MANAGEMENT.—Each potential 

22 wilderness area shall be managed in a manner that 

23 maintains or improves the wilderness character of 

24 the potential wilderness area and suitability of the 

25 potential wilderness area for designation in accordVerDate Mar 15 2010 04:34 Mar 22, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S607.IS S607

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1 ance with the Wilderness Act (16 U.S.C. 1131 et 

2 seq.) until the earlier of— 

3 (A) the date on which the potential wilder4 ness area is designated as wilderness under 

5 subsection (b); or 

6 (B) the date that is 10 years after the date 

7 of enactment of this Act. 

8 (b) DESIGNATION OF WILDERNESS.— 

9 (1) CATHEDRAL ROCK WILDERNESS.—The Fed10 eral land within the boundaries of the area generally 

11 depicted on the proposed wilderness map as ‘‘Pro12 posed Cathedral Rock Wilderness’’ shall be des13 ignated as wilderness and as a component of the Na14 tional Wilderness Preservation System, to be known 

15 as the ‘‘Cathedral Rock Wilderness’’, on the earlier 

16 of— 

17 (A) the date on which the Secretary pub18 lishes in the Federal Register notice that suffi19 cient inholdings within the boundaries of the 

20 Proposed Cathedral Rock Wilderness have been 

21 acquired to establish a manageable wilderness 

22 unit; or 

23 (B) the date on which the Secretary ac24 quires secs. 2, 11, and 23 in T. 9 S, R. 19 E. 


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1 (2) HORSE HEAVEN WILDERNESS.—The Fed2 eral land within the boundaries of the area generally 

3 depicted on the proposed wilderness map as ‘‘Pro4 posed Horse Heaven Wilderness’’ shall be designated 

5 as wilderness and as a component of the National 

6 Wilderness Preservation System, to be known as the 

7 ‘‘Horse Heaven Wilderness’’, on the earlier of— 

8 (A) the date on which the Secretary pub9 lishes in the Federal Register notice that suffi10 cient inholdings within the boundaries of the 

11 Proposed Horse Heaven Wilderness have been 

12 acquired to establish a manageable wilderness 

13 unit; or 

14 (B) the date on which the Secretary ac15 quires those portions of secs. 11, 12, 13, 23, 

16 and 24 in T. 10 S, R. 18 E. that are generally 

17 depicted as within the boundaries of the ‘‘Pro18 posed Horse Heaven Wilderness’’ on the pro19 posed wilderness map. 

20 (3) MAPS; LEGAL DESCRIPTIONS.— 

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

22 after the date on which a wilderness area is 

23 designated under paragraph (1) or (2), the Sec24 retary shall file a map and legal description of 

25 the wilderness area with— 


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1 (i) the Committee on Natural Re2 sources of the House of Representatives; 

3 and 

4 (ii) the Committee on Energy and 

5 Natural Resources of the Senate. 

6 (B) FORCE OF LAW.—The maps and legal 

7 descriptions filed under subparagraph (A) shall 

8 have the same force and effect as if included in 

9 this Act, except that the Secretary may correct 

10 minor errors in the maps and legal descriptions. 

11 (C) AVAILABILITY.—The maps and legal 

12 descriptions filed under subparagraph (A) shall 

13 be on file and available for public inspection in 

14 the appropriate offices of the Bureau of Land 

15 Management. 

16 (4) ADMINISTRATION OF WILDERNESS.— 

17 (A) IN GENERAL.—Subject to valid exist18 ing rights, each area designated as wilderness 

19 under paragraph (1) or (2) shall be adminis20 tered by the Secretary in accordance with the 

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

22 that— 

23 (i) any reference in the Wilderness 

24 Act to the effective date of that Act shall 


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1 be considered to be a reference to the date 

2 of enactment of this Act; and 

3 (ii) any reference in the Wilderness 

4 Act to the Secretary of Agriculture shall be 

5 considered to be a reference to the Sec6 retary of the Interior. 

7 (B) GRAZING.—The grazing of livestock in 

8 a wilderness area designated under paragraph 

9 (1) or (2), if established before the date of en10 actment of this Act, shall be permitted to con11 tinue subject to such reasonable regulations as 

12 are considered necessary by the Secretary, in 

13 accordance with— 

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

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

16 (ii) the guidelines set forth in Appen17 dix A of the report of the Committee on 

18 Interior and Insular Affairs of the House 

19 of Representatives accompanying H.R. 

20 2570 of the 101st Congress (H. Rept. 

21 101–405). 

22 (C) TRIBAL RIGHTS.—Nothing in this sec23 tion alters, modifies, enlarges, diminishes, or 

24 abrogates the treaty rights of any Indian tribe, 

25 including the off-reservation reserved rights seVerDate Mar 15 2010 04:34 Mar 22, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S607.IS S607

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1 cured by the Treaty with the Tribes and Bands 

2 of Middle Oregon of June 25, 1855 (12 Stat. 

3 963). 

4 (c) INCORPORATION OF ACQUIRED LAND AND INTER5 ESTS.—Any land or interest in land that is acquired by 

6 the United States within the boundaries generally depicted 

7 on the proposed wilderness map as ‘‘Proposed Cathedral 

8 Rock Wilderness’’ and ‘‘Proposed Horse Heaven Wilder9 ness’’ shall— 

10 (1) become part of the potential wilderness area 

11 or wilderness area, as applicable; and 

12 (2) be managed in accordance with— 

13 (A) this section; and 

14 (B) any other applicable laws. 

15 (d) WITHDRAWAL.—Subject to valid existing rights, 

16 within the boundaries generally depicted on the proposed 

17 wilderness map as ‘‘Proposed Cathedral Rock Wilderness’’ 

18 and ‘‘Proposed Horse Heaven Wilderness’’, the Federal 

19 land and any land or interest in land that is acquired by 

20 the United States is withdrawn from all forms of— 

21 (1) entry, appropriation, and disposal under the 

22 public land laws; 

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

24 laws; and 


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1 (3) operation of the mineral leasing, mineral 

2 materials, and geothermal leasing laws. 

Æ 


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