II 

Calendar No. 1000 

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 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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— 


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1 (1) certain Bureau of Land Management land 

2 in central Oregon qualifies for addition to the Na3 tional Wilderness Preservation System; 

4 (2) one of the chief economic assets of the cen5 tral Oregon region is the rich diversity of available 

6 recreation, with the region offering a wide variety of 

7 multiple-use areas for skiing, biking, hunting, off8 highway vehicle use, boating, and other motorized 

9 recreation; 

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

11 near Bend, Oregon, available for off-highway vehi12 cles and other motorized recreation uses; 

13 (4) motorized recreation users in central Or14 egon should continue to have access to an abundance 

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

16 (5) the proposed Oregon Badlands Wilderness 

17 would increase the offerings in the region by making 

18 an additional 30,000 acres in central Oregon avail19 able for wilderness recreation and solitude; and 

20 (6) certain land exchanges that would consoli21 date Federal land holdings within or near to the pro22 posed wilderness to enhance wilderness values and 

23 management are in the public interest. 

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


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1 (1) to designate the Oregon Badlands Wilder2 ness in the State of Oregon; and 

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

4 land exchanges to consolidate Federal land holdings 

5 within or near the Oregon Badlands Wilderness. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

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

9 Central Oregon Irrigation District, which has offices 

10 in Redmond, Oregon. 

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

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

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

14 the Secretary of the Interior. 

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

16 of Oregon. 

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

18 means the Oregon Badlands Wilderness designated 

19 by section 4(a). 

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

21 map’’ means the map entitled ‘‘Badlands Wilder22 ness’’ and dated June 4, 2008. 

23 SEC. 4. OREGON BADLANDS WILDERNESS. 

24 (a) DESIGNATION.—In accordance with the Wilder25 ness Act (16 U.S.C. 1131 et seq.), approximately 29,837 


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

2 as depicted on the wilderness map, is designated as Wil3 derness and as a component of the National Wilderness 

4 Preservation System, to be known as the ‘‘Oregon Bad5 lands Wilderness’’. 

6 (b) MAP AND LEGAL DESCRIPTION.— 

7 (1) SUBMISSION OF MAP AND LEGAL DESCRIP8 TION.—As soon as practicable after the date of en9 actment of this Act, the Secretary shall file a map 

10 and legal description of the Wilderness with— 

11 (A) the Committee on Energy and Natural 

12 Resources of the Senate; and 

13 (B) the Committee on Natural Resources 

14 of the House of Representatives. 

15 (2) FORCE OF LAW.—The map and legal de16 scription filed under paragraph (1) shall have the 

17 same force and effect as if included in this Act, ex18 cept that the Secretary may correct any errors in 

19 the map or legal description. 

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

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

22 and available for public inspection in the appropriate 

23 offices of the Secretary. 

24 (c) ADMINISTRATION OF WILDERNESS.— 


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

2 rights, the Wilderness shall be administered by the 

3 Secretary in accordance with the Wilderness Act (16 

4 U.S.C. 1131 et seq.), except that— 

5 (A) any reference in the Wilderness Act to 

6 the effective date of the Wilderness Act shall be 

7 considered to be a reference to the date of en8 actment of this Act; and 

9 (B) any reference in that Act to the Sec10 retary of Agriculture shall be considered to be 

11 a reference to the Secretary of the Interior. 

12 (2) INCORPORATION OF ACQUIRED LAND AND

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

14 boundary of the Wilderness that is acquired by the 

15 United States shall— 

16 (A) become part of the Wilderness; and 

17 (B) be managed in accordance with this 

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

19 seq.), and any other applicable law. 

20 (3) WITHDRAWAL.—Subject to valid existing 

21 rights, the Federal land designated as wilderness by 

22 this Act is withdrawn from all forms of— 

23 (A) entry, appropriation, or disposal under 

24 the public land laws; 


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

2 mining laws; and 

3 (C) disposition under the mineral leasing, 

4 mineral materials, and geothermal leasing laws. 

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

6 Wilderness, if established before the date of enact7 ment of this Act, and the maintenance of facilities 

8 in existence on the date of enactment of this Act re9 lating to grazing, shall be permitted to continue sub10 ject to such reasonable regulations as are considered 

11 necessary by the Secretary in accordance with— 

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

13 (16 U.S.C. 1133(d)(4)); and 

14 (B) the guidelines set forth in Appendix A 

15 of the report of the Committee on Interior and 

16 Insular Affairs of the House of Representatives 

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

18 (H. Rept. 101–405). 

19 (5) ACCESS TO PRIVATE PROPERTY.—The Sec20 retary shall provide any owner of private property 

21 within the boundary of the Wilderness adequate ac22 cess to the property to ensure the reasonable use 

23 and enjoyment of the property by the owner. 

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


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1 (A) affects, alters, amends, repeals, inter2 prets, extinguishes, modifies, or is in conflict 

3 with— 

4 (i) the treaty rights of an Indian 

5 tribe, including the rights secured by the 

6 Treaty of June 25, 1855, between the 

7 United States and the Tribes and Bands of 

8 Middle Oregon (12 Stat. 963); or 

9 (ii) any other rights of an Indian 

10 tribe; or 

11 (B) prevents, prohibits, terminates, or 

12 abridges the exercise of treaty-reserved rights, 

13 including the rights secured by the Treaty of 

14 June 25, 1855, between the United States and 

15 the Tribes and Bands of Middle Oregon (12 

16 Stat. 963)— 

17 (i) within the boundaries of the Wil18 derness; or 

19 (ii) on land acquired by the United 

20 States under this Act. 

21 SEC. 5. SCDORIS CORRIDOR. 

22 (a) EXISTING USE.— 

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

24 the route depicted on the wilderness map shall be in25 cluded in a corridor with a width of 25 feet to be 


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1 excluded from the Wilderness to accommodate the 

2 existing use of the route for purposes relating to the 

3 training of sled dogs by Rachael Scdoris. 

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

5 total termination of the use of the route for the pur6 poses described in paragraph (1), the corridor de7 scribed in that paragraph shall— 

8 (A) become part of the Wilderness; and 

9 (B) be managed in accordance with this 

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

11 seq.), and any other applicable law. 

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

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

14 as wilderness. 

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

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

17 from all forms of— 

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

19 public land laws; 

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

21 laws; and 

22 (3) disposition under the mineral leasing, min23 eral materials, and geothermal leasing laws. 


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1 SEC. 6. RELEASE OF WILDERNESS STUDY AREAS. 

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

3 of section 603 of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 

5 Management land identified as the Badlands wilderness 

6 study area has been adequately studied for wilderness des7 ignation. 

8 (b) RELEASE.—Any public land described in sub9 section (a) that is not designated as wilderness by this 

10 Act— 

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

12 Federal Land Policy and Management Act of 1976 

13 (43 U.S.C. 1782(c)); and 

14 (2) shall be managed in accordance with the ap15 plicable land management plans adopted under sec16 tion 202 of that Act (43 U.S.C. 1712). 

17 SEC. 7. LAND EXCHANGES. 

18 (a) CLARNO LAND EXCHANGE.— 

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

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

21 and interest of the Landowner in and to the non22 Federal land described in paragraph (2)(A), the Sec23 retary shall— 

24 (A) accept the offer; and 

25 (B) on receipt of acceptable title to the 

26 non-Federal land and subject to valid existing 


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

2 and interest of the United States in and to the 

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

4 (2) DESCRIPTION OF LAND.— 

5 (A) NON-FEDERAL LAND.—The non-Fed6 eral land referred to in paragraph (1) is the ap7 proximately 240 acres of non-Federal land iden8 tified on the wilderness map as ‘‘Clarno to Fed9 eral Government’’. 

10 (B) FEDERAL LAND.—The Federal land 

11 referred to in paragraph (1)(B) is the approxi12 mately 245 acres of Federal land identified on 

13 the wilderness map as ‘‘Federal Government to 

14 Clarno’’. 

15 (3) SURVEYS.—The exact acreage and legal de16 scription of the Federal land and non-Federal land 

17 described in paragraph (2) shall be determined by 

18 surveys approved by the Secretary. 

19 (b) DISTRICT EXCHANGE.— 

20 (1) CONVEYANCE OF LAND.—If the District of21 fers to convey to the United States all right, title, 

22 and interest of the District in and to the non-Fed23 eral land described in paragraph (2)(A), the Sec24 retary shall— 

25 (A) accept the offer; and 


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1 (B) on receipt of acceptable title to the 

2 non-Federal land and subject to valid existing 

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

4 interest of the United States in and to the Fed5 eral land described in paragraph (2)(B). 

6 (2) DESCRIPTION OF LAND.— 

7 (A) NON-FEDERAL LAND.—The non-Fed8 eral land referred to in paragraph (1) is the ap9 proximately 564 acres of non-Federal land iden10 tified on the wilderness map as ‘‘COID to Fed11 eral Government’’. 

12 (B) FEDERAL LAND.—The Federal land 

13 referred to in paragraph (1)(B) is the approxi14 mately 686 acres of Federal land identified on 

15 the wilderness map as ‘‘Federal Government to 

16 COID’’. 

17 (3) SURVEYS.—The exact acreage and legal de18 scription of the Federal land and non-Federal land 

19 described in paragraph (2) shall be determined by 

20 surveys approved by the Secretary. 

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

22 in this section, the Secretary shall carry out the land ex23 changes under this section in accordance with section 206 

24 of the Federal Land Policy and Management Act of 1976 

25 (43 U.S.C. 1716). 


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

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

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

4 land exchange under this section— 

5 (A) shall be equal, as determined by ap6 praisals conducted in accordance with para7 graph (2); or 

8 (B) if not equal, shall be equalized in ac9 cordance with paragraph (3). 

10 (2) APPRAISALS.— 

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

12 the non-Federal land to be exchanged under 

13 this section shall be appraised by an inde14 pendent, qualified appraiser that is agreed to by 

15 the Secretary and the owner of the non-Federal 

16 land to be exchanged. 

17 (B) REQUIREMENTS.—An appraisal under 

18 subparagraph (A) shall be conducted in accord19 ance with— 

20 (i) the Uniform Appraisal Standards 

21 for Federal Land Acquisition; and 

22 (ii) the Uniform Standards of Profes23 sional Appraisal Practice. 

24 (3) EQUALIZATION.— 


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1 (A) IN GENERAL.—If the value of the Fed2 eral land and the non-Federal land to be con3 veyed in a land exchange under this section is 

4 not equal, the value may be equalized by— 

5 (i) the Secretary making a cash 

6 equalization payment to the owner of the 

7 non-Federal land; 

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

9 making a cash equalization payment to the 

10 Secretary; or 

11 (iii) reducing the acreage of the Fed12 eral land or the non-Federal land to be ex13 changed, as appropriate. 

14 (B) CASH EQUALIZATION PAYMENTS.— 

15 Any cash equalization payments received by the 

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

17 (i) deposited in the Federal Land Dis18 posal Account established by section 

19 206(a) of the Federal Land Transaction 

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

21 (ii) used in accordance with that Act. 

22 (e) CONDITIONS OF EXCHANGE.— 

23 (1) IN GENERAL.—As a condition of a convey24 ance of Federal land and non-Federal land under 

25 this section, the Federal Government and the owner 


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

2 relating to the land exchange, including the costs of 

3 appraisals, surveys, and any necessary environ4 mental clearances. 

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

6 Federal land and non-Federal land under this sec7 tion shall be subject to any easements, rights-of-way, 

8 or other valid encumbrances in existence on the date 

9 of enactment of this Act. 

10 (f) DEADLINE FOR COMPLETION OF LAND EX11 CHANGE.—It is the intent of Congress that the land ex12 changes under this section shall be completed not later 

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

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Oregon Badlands Wil16 derness Act of 2008’’. 

17 SEC. 2. DEFINITIONS. 

18 In this Act: 

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

20 Central Oregon Irrigation District. 

21 (2) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (3) STATE.—The term ‘‘State’’ means the State 

24 of Oregon. 


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1 (4) WILDERNESS MAP.—The term ‘‘wilderness 

2 map’’ means the map entitled ‘‘Badlands Wilderness’’ 

3 and dated September 3, 2008. 

4 SEC. 3. OREGON BADLANDS WILDERNESS. 

5 (a) DESIGNATION.—In accordance with the Wilderness 

6 Act (16 U.S.C. 1131 et seq.), the approximately 29,301 

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

8 as generally depicted on the wilderness map, is designated 

9 as wilderness and as a component of the National Wilder10 ness Preservation System, to be known as the ‘‘Oregon Bad11 lands Wilderness’’. 

12 (b) ADMINISTRATION OF WILDERNESS.— 

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

14 rights, the Oregon Badlands Wilderness shall be ad15 ministered by the Secretary in accordance with the 

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

17 (A) any reference in the Wilderness Act to 

18 the effective date of that Act shall be considered 

19 to be a reference to the date of enactment of this 

20 Act; and 

21 (B) any reference in the Wilderness Act to 

22 the Secretary of Agriculture shall be considered 

23 to be a reference to the Secretary of the Interior. 

24 (2) INCORPORATION OF ACQUIRED LAND AND IN25 TERESTS.—Any land or interest in land within the 


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1 boundary of the Oregon Badlands Wilderness that is 

2 acquired by the United States shall— 

3 (A) become part of the Oregon Badlands 

4 Wilderness; and 

5 (B) be managed in accordance with this 

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

7 and any other applicable law. 

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

9 Oregon Badlands Wilderness, if established before the 

10 date of enactment of this Act, shall be permitted to 

11 continue subject to such reasonable regulations as are 

12 considered necessary by the Secretary in accordance 

13 with— 

14 (A) section 4(d)(4) of the Wilderness Act (16 

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

16 (B) the guidelines set forth in Appendix A 

17 of the report of the Committee on Interior and 

18 Insular Affairs of the House of Representatives 

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

20 (H. Rept. 101–405). 

21 (4) ACCESS TO PRIVATE PROPERTY.—In accord22 ance with section 5(a) of the Wilderness Act (16 

23 U.S.C. 1134(a)), the Secretary shall provide any 

24 owner of private property within the boundary of the 


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1 Oregon Badlands Wilderness adequate access to the 

2 property. 

3 (c) POTENTIAL WILDERNESS.— 

4 (1) IN GENERAL.—In furtherance of the purposes 

5 of the Wilderness Act (16 U.S.C. 1131 et seq.), a cor6 ridor of certain Federal land managed by the Bureau 

7 of Land Management with a width of 25 feet, as gen8 erally depicted on the wilderness map as ‘‘Potential 

9 Wilderness’’, is designated as potential wilderness. 

10 (2) INTERIM MANAGEMENT.—The potential wil11 derness designated by paragraph (1) shall be managed 

12 in accordance with the Wilderness Act (16 U.S.C. 

13 1131 et seq.), except that the Secretary may allow 

14 nonconforming uses that are authorized and in exist15 ence on the date of enactment of this Act to continue 

16 in the potential wilderness. 

17 (3) DESIGNATION AS WILDERNESS.—On the date 

18 on which the Secretary publishes in the Federal Reg19 ister notice that any nonconforming uses in the po20 tential wilderness designated by paragraph (1) that 

21 are permitted under paragraph (2) have terminated, 

22 the potential wilderness shall be— 

23 (A) designated as wilderness and as a com24 ponent of the National Wilderness Preservation 

25 System; and 


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1 (B) incorporated into the Oregon Badlands 

2 Wilderness. 

3 (d) MAP AND LEGAL DESCRIPTION.— 

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

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

6 file a map and legal description of the Oregon Bad7 lands Wilderness with— 

8 (A) the Committee on Energy and Natural 

9 Resources of the Senate; and 

10 (B) the Committee on Natural Resources of 

11 the House of Representatives. 

12 (2) FORCE OF LAW.—The map and legal descrip13 tion filed under paragraph (1) shall have the same 

14 force and effect as if included in this Act, except that 

15 the Secretary may correct typographical errors in the 

16 map and legal description. 

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

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

19 and available for public inspection in the appropriate 

20 offices of the Bureau of Land Management. 

21 SEC. 4. RELEASE. 

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

23 section 603(c) of the Federal Land Policy and Management 

24 Act of 1976 (43 U.S.C. 1782(c)), the portions of the Bad25 lands wilderness study area that are not designated as the 


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1 Oregon Badlands Wilderness or as potential wilderness 

2 have been adequately studied for wilderness or potential 

3 wilderness designation. 

4 (b) RELEASE.—Any public land described in sub5 section (a) that is not designated as wilderness by this 

6 Act— 

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

8 Federal Land Policy and Management Act of 1976 

9 (43 U.S.C. 1782(c)); and 

10 (2) shall be managed in accordance with the ap11 plicable land use plan adopted under section 202 of 

12 that Act (43 U.S.C. 1712). 

13 SEC. 5. LAND EXCHANGES. 

14 (a) CLARNO LAND EXCHANGE.— 

15 (1) CONVEYANCE OF LAND.—Subject to sub16 sections (c) through (e), if the landowner offers to con17 vey to the United States all right, title, and interest 

18 of the landowner in and to the non-Federal land de19 scribed in paragraph (2)(A), the Secretary shall— 

20 (A) accept the offer; and 

21 (B) on receipt of acceptable title to the non22 Federal land, convey to the Landowner all right, 

23 title, and interest of the United States in and to 

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

25 (2) DESCRIPTION OF LAND.— 


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1 (A) NON-FEDERAL LAND.—The non-Federal 

2 land referred to in paragraph (1) is the approxi3 mately 239 acres of non-Federal land identified 

4 on the wilderness map as ‘‘Clarno to Federal 

5 Government’’. 

6 (B) FEDERAL LAND.—The Federal land re7 ferred to in paragraph (1)(B) is the approxi8 mately 209 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.—Subject to sub17 sections (c) through (e), if the District offers to convey 

18 to the United States all right, title, and interest of the 

19 District in and to the non-Federal land described in 

20 paragraph (2)(A), the Secretary shall— 

21 (A) accept the offer; and 

22 (B) on receipt of acceptable title to the non23 Federal land, convey to the District all right, 

24 title, and interest of the United States in and to 

25 the Federal land described in paragraph (2)(B). 


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1 (2) DESCRIPTION OF LAND.— 

2 (A) NON-FEDERAL LAND.—The non-Federal 

3 land referred to in paragraph (1) is the approxi4 mately 527 acres of non-Federal land identified 

5 on the wilderness map as ‘‘COID to Federal 

6 Government’’. 

7 (B) FEDERAL LAND.—The Federal land re8 ferred to in paragraph (1)(B) is the approxi9 mately 697 acres of Federal land identified on 

10 the wilderness map as ‘‘Federal Government to 

11 COID’’. 

12 (3) SURVEYS.—The exact acreage and legal de13 scription of the Federal land and non-Federal land 

14 described in paragraph (2) shall be determined by 

15 surveys approved by the Secretary. 

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

17 in this section, the Secretary shall carry out the land ex18 changes under this section in accordance with section 206 

19 of the Federal Land Policy and Management Act of 1976 

20 (43 U.S.C. 1716). 

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

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

23 and the non-Federal land to be conveyed in a land ex24 change under this section— 


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1 (A) shall be equal, as determined by ap2 praisals conducted in accordance with para3 graph (2); or 

4 (B) if not equal, shall be equalized in ac5 cordance with paragraph (3). 

6 (2) APPRAISALS.— 

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

8 the non-Federal land to be exchanged under this 

9 section shall be appraised by an independent, 

10 qualified appraiser that is agreed to by the Sec11 retary and the owner of the non-Federal land to 

12 be exchanged. 

13 (B) REQUIREMENTS.—An appraisal under 

14 subparagraph (A) shall be conducted in accord15 ance with— 

16 (i) the Uniform Appraisal Standards 

17 for Federal Land Acquisitions; and 

18 (ii) the Uniform Standards of Profes19 sional Appraisal Practice. 

20 (3) EQUALIZATION.— 

21 (A) IN GENERAL.—If the value of the Fed22 eral land and the non-Federal land to be con23 veyed in a land exchange under this section is 

24 not equal, the value may be equalized by— 


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1 (i) making a cash equalization pay2 ment to the Secretary or to the owner of the 

3 non-Federal land, as appropriate, in ac4 cordance with section 206(b) of the Federal 

5 Land Policy and Management Act of 1976 

6 (43 U.S.C. 1716(b)); or 

7 (ii) reducing the acreage of the Federal 

8 land or the non-Federal land to be ex9 changed, as appropriate. 

10 (B) CASH EQUALIZATION PAYMENTS.—Any 

11 cash equalization payments received by the Sec12 retary under subparagraph (A)(i) shall be— 

13 (i) deposited in the Federal Land Dis14 posal Account established by section 206(a) 

15 of the Federal Land Transaction Facilita16 tion Act (43 U.S.C. 2305(a)); and 

17 (ii) used in accordance with that Act. 

18 (e) CONDITIONS OF EXCHANGE.— 

19 (1) IN GENERAL.—The land exchanges under this 

20 section shall be subject to such terms and conditions 

21 as the Secretary may require. 

22 (2) COSTS.—As a condition of a conveyance of 

23 Federal land and non-Federal land under this sec24 tion, the Federal Government and the owner of the 

25 non-Federal land shall equally share all costs relating 


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1 to the land exchange, including the costs of apprais2 als, surveys, and any necessary environmental clear3 ances. 

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

5 Federal land and non-Federal land under this section 

6 shall be subject to any easements, rights-of-way, and 

7 other valid rights in existence on the date of enact8 ment of this Act. 

9 (f) COMPLETION OF LAND EXCHANGE.—It is the intent 

10 of Congress that the land exchanges under this section shall 

11 be completed not later than 2 years after the date of enact12 ment of this Act. 

13 SEC. 6. PROTECTION OF TRIBAL TREATY RIGHTS. 

14 Nothing in this Act alters, modifies, enlarges, dimin15 ishes, or abrogates the treaty rights of any Indian tribe, 

16 including the off-reservation reserved rights secured by the 

17 Treaty with the Tribes and Bands of Middle Oregon of June 

18 25, 1855 (12 Stat. 963). 


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Calendar No. 1000 

110TH CONGRESS 

2D SESSION S. 3088 

A BILL 

To designate certain land in the State of Oregon as 

wilderness, and for other purposes. 

SEPTEMBER 16, 2008 

Reported with an amendment 


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