II 

110TH CONGRESS 

2D SESSION S. 3088 

To designate certain land in the State of Oregon as wilderness, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2008 

Mr. WYDEN 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, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oregon Badlands Wil5 derness Act of 2008’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) certain Bureau of Land Management land 

9 in central Oregon qualifies for addition to the Na10 tional Wilderness Preservation System; 


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1 (2) one of the chief economic assets of the cen2 tral Oregon region is the rich diversity of available 

3 recreation, with the region offering a wide variety of 

4 multiple-use areas for skiing, biking, hunting, off5 highway vehicle use, boating, and other motorized 

6 recreation; 

7 (3) there are over 400,000 acres of public land 

8 near Bend, Oregon, available for off-highway vehi9 cles and other motorized recreation uses; 

10 (4) motorized recreation users in central Or11 egon should continue to have access to an abundance 

12 of land managed, in part, for their use; 

13 (5) the proposed Oregon Badlands Wilderness 

14 would increase the offerings in the region by making 

15 an additional 30,000 acres in central Oregon avail16 able for wilderness recreation and solitude; and 

17 (6) certain land exchanges that would consoli18 date Federal land holdings within or near to the pro19 posed wilderness to enhance wilderness values and 

20 management are in the public interest. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to designate the Oregon Badlands Wilder23 ness in the State of Oregon; and 


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1 (2) to authorize, direct, and facilitate several 

2 land exchanges to consolidate Federal land holdings 

3 within or near the Oregon Badlands Wilderness. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) DISTRICT.—The term ‘‘District’’ means the 

7 Central Oregon Irrigation District, which has offices 

8 in Redmond, Oregon. 

9 (2) LANDOWNER.—The term ‘‘Landowner’’ 

10 means Ray Clarno, a resident of Redmond, Oregon. 

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

12 the Secretary of the Interior. 

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

14 of Oregon. 

15 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

16 means the Oregon Badlands Wilderness designated 

17 by section 4(a). 

18 (6) WILDERNESS MAP.—The term ‘‘wilderness 

19 map’’ means the map entitled ‘‘Badlands Wilder20 ness’’ and dated June 4, 2008. 

21 SEC. 4. OREGON BADLANDS WILDERNESS. 

22 (a) DESIGNATION.—In accordance with the Wilder23 ness Act (16 U.S.C. 1131 et seq.), approximately 29,837 

24 acres of Bureau of Land Management land in the State, 

25 as depicted on the wilderness map, is designated as WilVerDate Aug 31 2005 03:34 Jun 07, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3088.IS S3088

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1 derness and as a component of the National Wilderness 

2 Preservation System, to be known as the ‘‘Oregon Bad3 lands Wilderness’’. 

4 (b) MAP AND LEGAL DESCRIPTION.— 

5 (1) SUBMISSION OF MAP AND LEGAL DESCRIP6 TION.—As soon as practicable after the date of en7 actment of this Act, the Secretary shall file a map 

8 and legal description of the Wilderness with— 

9 (A) the Committee on Energy and Natural 

10 Resources of the Senate; and 

11 (B) the Committee on Natural Resources 

12 of the House of Representatives. 

13 (2) FORCE OF LAW.—The map and legal de14 scription filed under paragraph (1) shall have the 

15 same force and effect as if included in this Act, ex16 cept that the Secretary may correct any errors in 

17 the map or legal description. 

18 (3) PUBLIC AVAILABILITY.—The map and legal 

19 description filed under paragraph (1) shall be on file 

20 and available for public inspection in the appropriate 

21 offices of the Secretary. 

22 (c) ADMINISTRATION OF WILDERNESS.— 

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

24 rights, the Wilderness shall be administered by the 


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1 Secretary in accordance with the Wilderness Act (16 

2 U.S.C. 1131 et seq.), except that— 

3 (A) any reference in the Wilderness Act to 

4 the effective date of the Wilderness Act shall be 

5 considered to be a reference to the date of en6 actment of this Act; and 

7 (B) any reference in that Act to the Sec8 retary of Agriculture shall be considered to be 

9 a reference to the Secretary of the Interior. 

10 (2) INCORPORATION OF ACQUIRED LAND AND

11 INTERESTS.—Any land or interest in land within the 

12 boundary of the Wilderness that is acquired by the 

13 United States shall— 

14 (A) become part of the Wilderness; and 

15 (B) be managed in accordance with this 

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

17 seq.), and any other applicable law. 

18 (3) WITHDRAWAL.—Subject to valid existing 

19 rights, the Federal land designated as wilderness by 

20 this Act is withdrawn from all forms of— 

21 (A) entry, appropriation, or disposal under 

22 the public land laws; 

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

24 mining laws; and 


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1 (C) disposition under the mineral leasing, 

2 mineral materials, and geothermal leasing laws. 

3 (4) GRAZING.—The grazing of livestock in the 

4 Wilderness, if established before the date of enact5 ment of this Act, and the maintenance of facilities 

6 in existence on the date of enactment of this Act re7 lating to grazing, shall be permitted to continue sub8 ject to such reasonable regulations as are considered 

9 necessary by the Secretary in accordance with— 

10 (A) section 4(d)(4) of the Wilderness Act 

11 (16 U.S.C. 1133(d)(4)); and 

12 (B) the guidelines set forth in Appendix A 

13 of the report of the Committee on Interior and 

14 Insular Affairs of the House of Representatives 

15 accompanying H.R. 2570 of the 101st Congress 

16 (H. Rept. 101–405). 

17 (5) ACCESS TO PRIVATE PROPERTY.—The Sec18 retary shall provide any owner of private property 

19 within the boundary of the Wilderness adequate ac20 cess to the property to ensure the reasonable use 

21 and enjoyment of the property by the owner. 

22 (6) TRIBAL RIGHTS.—Nothing in this Act— 

23 (A) affects, alters, amends, repeals, inter24 prets, extinguishes, modifies, or is in conflict 

25 with— 


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1 (i) the treaty rights of an Indian 

2 tribe, including the rights secured by the 

3 Treaty of June 25, 1855, between the 

4 United States and the Tribes and Bands of 

5 Middle Oregon (12 Stat. 963); or 

6 (ii) any other rights of an Indian 

7 tribe; or 

8 (B) prevents, prohibits, terminates, or 

9 abridges the exercise of treaty-reserved rights, 

10 including the rights secured by the Treaty of 

11 June 25, 1855, between the United States and 

12 the Tribes and Bands of Middle Oregon (12 

13 Stat. 963)— 

14 (i) within the boundaries of the Wil15 derness; or 

16 (ii) on land acquired by the United 

17 States under this Act. 

18 SEC. 5. SCDORIS CORRIDOR. 

19 (a) EXISTING USE.— 

20 (1) IN GENERAL.—Subject to subsection (b), 

21 the route depicted on the wilderness map shall be in22 cluded in a corridor with a width of 25 feet to be 

23 excluded from the Wilderness to accommodate the 

24 existing use of the route for purposes relating to the 

25 training of sled dogs by Rachael Scdoris. 


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1 (2) INCLUSION IN WILDERNESS.—On final and 

2 total termination of the use of the route for the pur3 poses described in paragraph (1), the corridor de4 scribed in that paragraph shall— 

5 (A) become part of the Wilderness; and 

6 (B) be managed in accordance with this 

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

8 seq.), and any other applicable law. 

9 (b) INTERIM MANAGEMENT.—Except as provided in 

10 subsection (a), the corridor shall otherwise be managed 

11 as wilderness. 

12 (c) WITHDRAWAL.—Subject to valid existing rights, 

13 the corridor described in subsection (a)(1) is withdrawn 

14 from all forms of— 

15 (1) entry, appropriation, or disposal under the 

16 public land laws; 

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

18 laws; and 

19 (3) disposition under the mineral leasing, min20 eral materials, and geothermal leasing laws. 

21 SEC. 6. RELEASE OF WILDERNESS STUDY AREAS. 

22 (a) FINDING.—Congress finds that, for the purposes 

23 of section 603 of the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 

25 Management land identified as the Badlands wilderness 


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1 study area has been adequately studied for wilderness des2 ignation. 

3 (b) RELEASE.—Any public land described in sub4 section (a) that is not designated as wilderness by this 

5 Act— 

6 (1) is no longer subject to section 603(c) of the 

7 Federal Land Policy and Management Act of 1976 

8 (43 U.S.C. 1782(c)); and 

9 (2) shall be managed in accordance with the ap10 plicable land management plans adopted under sec11 tion 202 of that Act (43 U.S.C. 1712). 

12 SEC. 7. LAND EXCHANGES. 

13 (a) CLARNO LAND EXCHANGE.— 

14 (1) CONVEYANCE OF LAND.—If the Landowner 

15 offers to convey to the United States all right, title, 

16 and interest of the Landowner in and to the non17 Federal land described in paragraph (2)(A), the Sec18 retary shall— 

19 (A) accept the offer; and 

20 (B) on receipt of acceptable title to the 

21 non-Federal land and subject to valid existing 

22 rights, convey to the Landowner all right, title, 

23 and interest of the United States in and to the 

24 Federal land described in paragraph (2)(B). 

25 (2) DESCRIPTION OF LAND.— 


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1 (A) NON-FEDERAL LAND.—The non-Fed2 eral land referred to in paragraph (1) is the ap3 proximately 240 acres of non-Federal land iden4 tified on the wilderness map as ‘‘Clarno to Fed5 eral Government’’. 

6 (B) FEDERAL LAND.—The Federal land 

7 referred to in paragraph (1)(B) is the approxi8 mately 245 acres of Federal land identified on 

9 the wilderness map as ‘‘Federal Government to 

10 Clarno’’. 

11 (3) SURVEYS.—The exact acreage and legal de12 scription of the Federal land and non-Federal land 

13 described in paragraph (2) shall be determined by 

14 surveys approved by the Secretary. 

15 (b) DISTRICT EXCHANGE.— 

16 (1) CONVEYANCE OF LAND.—If the District of17 fers to convey to the United States all right, title, 

18 and interest of the District in and to the non-Fed19 eral land described in paragraph (2)(A), the Sec20 retary shall— 

21 (A) accept the offer; and 

22 (B) on receipt of acceptable title to the 

23 non-Federal land and subject to valid existing 

24 rights, convey to the District all right, title, and 


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1 interest of the United States in and to the Fed2 eral land described in paragraph (2)(B). 

3 (2) DESCRIPTION OF LAND.— 

4 (A) NON-FEDERAL LAND.—The non-Fed5 eral land referred to in paragraph (1) is the ap6 proximately 564 acres of non-Federal land iden7 tified on the wilderness map as ‘‘COID to Fed8 eral Government’’. 

9 (B) FEDERAL LAND.—The Federal land 

10 referred to in paragraph (1)(B) is the approxi11 mately 686 acres of Federal land identified on 

12 the wilderness map as ‘‘Federal Government to 

13 COID’’. 

14 (3) SURVEYS.—The exact acreage and legal de15 scription of the Federal land and non-Federal land 

16 described in paragraph (2) shall be determined by 

17 surveys approved by the Secretary. 

18 (c) APPLICABLE LAW.—Except as otherwise provided 

19 in this section, the Secretary shall carry out the land ex20 changes under this section in accordance with section 206 

21 of the Federal Land Policy and Management Act of 1976 

22 (43 U.S.C. 1716). 

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


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

2 land and the non-Federal land to be conveyed in a 

3 land exchange under this section— 

4 (A) shall be equal, as determined by ap5 praisals conducted in accordance with para6 graph (2); or 

7 (B) if not equal, shall be equalized in ac8 cordance with paragraph (3). 

9 (2) APPRAISALS.— 

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

11 the non-Federal land to be exchanged under 

12 this section shall be appraised by an inde13 pendent, qualified appraiser that is agreed to by 

14 the Secretary and the owner of the non-Federal 

15 land to be exchanged. 

16 (B) REQUIREMENTS.—An appraisal under 

17 subparagraph (A) shall be conducted in accord18 ance with— 

19 (i) the Uniform Appraisal Standards 

20 for Federal Land Acquisition; and 

21 (ii) the Uniform Standards of Profes22 sional Appraisal Practice. 

23 (3) EQUALIZATION.— 

24 (A) IN GENERAL.—If the value of the Fed25 eral land and the non-Federal land to be conVerDate Aug 31 2005 03:34 Jun 07, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3088.IS S3088

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1 veyed in a land exchange under this section is 

2 not equal, the value may be equalized by— 

3 (i) the Secretary making a cash 

4 equalization payment to the owner of the 

5 non-Federal land; 

6 (ii) the owner of the non-Federal land 

7 making a cash equalization payment to the 

8 Secretary; or 

9 (iii) reducing the acreage of the Fed10 eral land or the non-Federal land to be ex11 changed, as appropriate. 

12 (B) CASH EQUALIZATION PAYMENTS.— 

13 Any cash equalization payments received by the 

14 Secretary under subparagraph (A)(ii) shall be— 

15 (i) deposited in the Federal Land Dis16 posal Account established by section 

17 206(a) of the Federal Land Transaction 

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

19 (ii) used in accordance with that Act. 

20 (e) CONDITIONS OF EXCHANGE.— 

21 (1) IN GENERAL.—As a condition of a convey22 ance of Federal land and non-Federal land under 

23 this section, the Federal Government and the owner 

24 of the non-Federal land shall equally share all costs 

25 relating to the land exchange, including the costs of 


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1 appraisals, surveys, and any necessary environ2 mental clearances. 

3 (2) VALID EXISTING RIGHTS.—The exchange of 

4 Federal land and non-Federal land under this sec5 tion shall be subject to any easements, rights-of-way, 

6 or other valid encumbrances in existence on the date 

7 of enactment of this Act. 

8 (f) DEADLINE FOR COMPLETION OF LAND EX9 CHANGE.—It is the intent of Congress that the land ex10 changes under this section shall be completed not later 

11 than 16 months after the date of enactment of this Act. 

Æ 


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