II 

Calendar No. 1001 

110TH CONGRESS 

2D SESSION S. 3089 

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 

JUNE 5, 2008 

Mr. WYDEN (for himself and Mr. SMITH) 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, 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 ‘‘Spring Basin Wilder5 ness Act of 2008’’. 


rfrederick on PROD1PC67 with BILLS
2 

•S 3089 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FAMILY TRUST.—The term ‘‘family trust’’ 

4 means the Bowerman Family Trust, which is the 

5 owner of the land described in section 4(d)(2)(A). 

6 (2) KEYS.—The term ‘‘Keys’’ means Bob Keys, 

7 a resident of Portland, Oregon. 

8 (3) MCGREER.—The term ‘‘McGreer’’ means 

9 H. Kelly McGreer, a resident of Antelope, Oregon. 

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

11 the Secretary of the Interior. 

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

13 of Oregon. 

14 (6) TRIBES.—The term ‘‘Tribes’’ means the 

15 Confederated Tribes of the Warm Springs Indian 

16 Reservation, with offices in Warm Springs, Oregon. 

17 (7) WILDERNESS MAP.—The term ‘‘wilderness 

18 map’’ means the map entitled ‘‘Spring Basin Study 

19 Area with Exchange Proposals’’ and dated May 22, 

20 2008. 

21 SEC. 3. SPRING BASIN WILDERNESS. 

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

24 8,661 acres of Bureau of Land Management land in the 

25 State, as depicted on the wilderness map, is designated 

26 as wilderness and as a component of the National WilderVerDate Aug 31 2005 03:40 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3089.RS S3089

rfrederick on PROD1PC67 with BILLS
3 

•S 3089 RS

1 ness Preservation System, to be known as the ‘‘Spring 

2 Basin Wilderness’’. 

3 (b) ADMINISTRATION OF WILDERNESS.— 

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

5 rights, the Wilderness shall be administered by the 

6 Secretary in accordance with the Wilderness Act (16 

7 U.S.C. 1131 et seq.), except that— 

8 (A) any reference in the Wilderness Act to 

9 the effective date of the Wilderness Act shall be 

10 considered to be a reference to the date of en11 actment of this Act; and 

12 (B) any reference in that Act to the Sec13 retary of Agriculture shall be considered to be 

14 a reference to the Secretary of the Interior. 

15 (2) INCORPORATION OF ACQUIRED LAND AND

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

17 boundary of the Wilderness that is acquired by the 

18 United States shall— 

19 (A) become part of the Wilderness; and 

20 (B) be managed in accordance with this 

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

22 seq.), and any other applicable law. 

23 (3) GRAZING.—The grazing of domestic live24 stock in the Wilderness shall be administered in ac25 cordance with— 


rfrederick on PROD1PC67 with BILLS
4 

•S 3089 RS

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

2 (16 U.S.C. 1133(d)(4)); 

3 (B) the guidelines set forth in the report of 

4 the Committee on Interior and Insular Affairs 

5 of the House of Representatives accompanying 

6 H.R. 5487 of the 96th Congress (H. Rept. 96– 

7 617); and 

8 (C) the guidelines set forth in Appendix A 

9 of the report of the Committee on Interior and 

10 Insular Affairs of the House of Representatives 

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

12 (H. Rept. 101–405). 

13 (4) ACCESS TO NON-FEDERAL LAND.—In ac14 cordance with the Wilderness Act (16 U.S.C. 1131 

15 et seq.), the Secretary shall provide reasonable ac16 cess to non-Federal land within the boundaries of 

17 the Wilderness. 

18 (5) STATE WATER LAWS.—Nothing in this sec19 tion constitutes an exemption from State water laws 

20 (including regulations). 

21 (6) TRIBAL RIGHTS.—Nothing in this section— 

22 (A) affects, alters, amends, repeals, inter23 prets, extinguishes, modifies, or is in conflict 

24 with— 


rfrederick on PROD1PC67 with BILLS
5 

•S 3089 RS

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. 4. LAND EXCHANGES. 

19 (a) CONFEDERATED TRIBES OF THE WARM SPRINGS

20 INDIAN RESERVATION LAND EXCHANGE.— 

21 (1) CONVEYANCE OF LAND.—If the Tribes offer 

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

23 interest of the Tribes in and to the non-Federal land 

24 described in paragraph (2)(A), the Secretary shall— 

25 (A) accept the offer; and 


rfrederick on PROD1PC67 with BILLS
6 

•S 3089 RS

1 (B) on receipt of acceptable title to the 

2 non-Federal land and subject to valid existing 

3 rights, convey to the Tribes 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 3,635 acres of non-Federal land 

10 identified on the wilderness map as ‘‘Lands pro11 posed for transfer from the CTWSIR to the 

12 Federal Government’’. 

13 (B) FEDERAL LAND.—The Federal land 

14 referred to in paragraph (1)(B) is the approxi15 mately 3,653 acres of Federal land identified on 

16 the wilderness map as ‘‘Lands proposed for 

17 transfer from the Federal Government to 

18 CTWSIR’’. 

19 (3) SURVEYS.—The exact acreage and legal de20 scription of the Federal land and non-Federal land 

21 described in paragraph (2) shall be determined by 

22 surveys approved by the Secretary. 

23 (b) MCGREER LAND EXCHANGE.— 

24 (1) CONVEYANCE OF LAND.—If McGreer offers 

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


rfrederick on PROD1PC67 with BILLS
7 

•S 3089 RS

1 interest of McGreer in and to the non-Federal land 

2 described in paragraph (2)(A), the Secretary shall— 

3 (A) accept the offer; and 

4 (B) on receipt of acceptable title to the 

5 non-Federal land and subject to valid existing 

6 rights, convey to McGreer all right, title, and 

7 interest of the United States in and to the Fed8 eral land described in paragraph (2)(B). 

9 (2) DESCRIPTION OF LAND.— 

10 (A) NON-FEDERAL LAND.—The non-Fed11 eral land referred to in paragraph (1) is the ap12 proximately 18 acres of non-Federal land iden13 tified on the wilderness map as ‘‘Lands pro14 posed for transfer from McGreer to the Federal 

15 Government’’. 

16 (B) FEDERAL LAND.—The Federal land 

17 referred to in paragraph (1)(B) is the approxi18 mately 325 acres of Federal land identified on 

19 the wilderness map as ‘‘Lands proposed for 

20 transfer from the Federal Government to 

21 McGreer’’. 

22 (3) SURVEYS.—The exact acreage and legal de23 scription of the Federal land and non-Federal land 

24 described in paragraph (2) shall be determined by 

25 surveys approved by the Secretary. 


rfrederick on PROD1PC67 with BILLS
8 

•S 3089 RS

1 (c) KEYS LAND EXCHANGE.— 

2 (1) CONVEYANCE OF LAND.—If Keys offers to 

3 convey to the United States all right, title, and in4 terest of Keys in and to the non-Federal land de5 scribed in paragraph (2)(A), the Secretary shall— 

6 (A) accept the offer; and 

7 (B) on receipt of acceptable title to the 

8 non-Federal land and subject to valid existing 

9 rights, convey to Keys all right, title, and inter10 est of the United States in and to the Federal 

11 land described in paragraph (2)(B). 

12 (2) DESCRIPTION OF LAND.— 

13 (A) NON-FEDERAL LAND.—The non-Fed14 eral land referred to in paragraph (1) is the ap15 proximately 181 acres of non-Federal land iden16 tified on the wilderness map as ‘‘Lands pro17 posed for transfer from Keys to the Federal 

18 Government’’. 

19 (B) FEDERAL LAND.—The Federal land 

20 referred to in paragraph (1)(B) is the approxi21 mately 183 acres of Federal land identified on 

22 the wilderness map as ‘‘Lands proposed for 

23 transfer from the Federal Government to 

24 Keys’’. 


rfrederick on PROD1PC67 with BILLS
9 

•S 3089 RS

1 (3) SURVEYS.—The exact acreage and legal de2 scription of the Federal land and non-Federal land 

3 described in paragraph (2) shall be determined by 

4 surveys approved by the Secretary. 

5 (d) BOWERMAN LAND EXCHANGE.— 

6 (1) CONVEYANCE OF LAND.—If the family trust 

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

8 and interest of the family trust in and to the non9 Federal land described in paragraph (2)(A), the Sec10 retary shall— 

11 (A) accept the offer; and 

12 (B) on receipt of acceptable title to the 

13 non-Federal land and subject to valid existing 

14 rights, convey to the family trust all right, title, 

15 and interest of the United States in and to the 

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

17 (2) DESCRIPTION OF LAND.— 

18 (A) NON-FEDERAL LAND.—The non-Fed19 eral land referred to in paragraph (1) is the ap20 proximately 34 acres of non-Federal land iden21 tified on the wilderness map as ‘‘Lands pro22 posed for transfer from Bowerman to the Fed23 eral Government’’. 

24 (B) FEDERAL LAND.—The Federal land 

25 referred to in paragraph (1)(B) is the approxiVerDate Aug 31 2005 03:40 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S3089.RS S3089

rfrederick on PROD1PC67 with BILLS
10 

•S 3089 RS

1 mately 24 acres of Federal land identified on 

2 the wilderness map as ‘‘Lands proposed for 

3 transfer from the Federal Government to 

4 Bowerman’’. 

5 (3) SURVEYS.—The exact acreage and legal de6 scription of the Federal land and non-Federal land 

7 described in paragraph (2) shall be determined by 

8 surveys approved by the Secretary. 

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

10 in this section, the Secretary shall carry out the land ex11 changes under this section in accordance with section 206 

12 of the Federal Land Policy and Management Act of 1976 

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

14 (f) VALUATION, APPRAISALS, AND EQUALIZATION.— 

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

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

17 land exchange under this section— 

18 (A) shall be equal, as determined by ap19 praisals conducted in accordance with para20 graph (2); or 

21 (B) if not equal, shall be equalized in ac22 cordance with paragraph (3). 

23 (2) APPRAISALS.— 

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

25 the non-Federal land to be exchanged under 


rfrederick on PROD1PC67 with BILLS
11 

•S 3089 RS

1 this section shall be appraised by an inde2 pendent, qualified appraiser that is agreed to by 

3 the Secretary and the owner of the non-Federal 

4 land to be exchanged. 

5 (B) REQUIREMENTS.—An appraisal under 

6 subparagraph (A) shall be conducted in accord7 ance with— 

8 (i) the Uniform Appraisal Standards 

9 for Federal Land Acquisition; and 

10 (ii) the Uniform Standards of Profes11 sional Appraisal Practice. 

12 (3) EQUALIZATION.— 

13 (A) IN GENERAL.—If the value of the Fed14 eral land and the non-Federal land to be con15 veyed in a land exchange under this section is 

16 not equal, the value may be equalized by— 

17 (i) the Secretary making a cash 

18 equalization payment to the owner of the 

19 non-Federal land; 

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

21 making a cash equalization payment to the 

22 Secretary; or 

23 (iii) reducing the acreage of the Fed24 eral land or the non-Federal land to be ex25 changed, as appropriate. 


rfrederick on PROD1PC67 with BILLS
12 

•S 3089 RS

1 (B) CASH EQUALIZATION PAYMENTS.— 

2 Any cash equalization payments received by the 

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

4 (i) deposited in the Federal Land Dis5 posal Account established by section 

6 206(a) of the Federal Land Transaction 

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

8 (ii) used in accordance with that Act. 

9 (g) CONDITIONS OF EXCHANGE.— 

10 (1) IN GENERAL.—As a condition of the con11 veyance of Federal land and non-Federal land under 

12 this section, the Federal Government and the owner 

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

14 relating to the land exchange, including the costs of 

15 appraisals, surveys, and any necessary environ16 mental clearances. 

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

18 Federal land and non-Federal land under this sec19 tion shall be subject to any easements, rights-of-way, 

20 or other valid encumbrances in existence on the date 

21 of enactment of this Act. 

22 (h) DEADLINE FOR COMPLETION OF LAND EX23 CHANGE.—It is the intent of Congress that the land ex24 changes under this section shall be completed not later 

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


rfrederick on PROD1PC67 with BILLS
13 

•S 3089 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Spring Basin Wilderness 

3 Act of 2008’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (2) STATE.—The term ‘‘State’’ means the State 

9 of Oregon. 

10 (3) TRIBES.—The term ‘‘Tribes’’ means the Con11 federated Tribes of the Warm Springs Reservation of 

12 Oregon. 

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

14 map’’ means the map entitled ‘‘Spring Basin Wilder15 ness with Land Exchange Proposals’’ and dated Sep16 tember 3, 2008. 

17 SEC. 3. SPRING BASIN WILDERNESS. 

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

19 Act (16 U.S.C. 1131 et seq.), the approximately 6,382 acres 

20 of Bureau of Land Management land in the State, as gen21 erally depicted on the wilderness map, is designated as wil22 derness and as a component of the National Wilderness 

23 Preservation System, to be known as the ‘‘Spring Basin 

24 Wilderness’’. 

25 (b) ADMINISTRATION OF WILDERNESS.— 


rfrederick on PROD1PC67 with BILLS
14 

•S 3089 RS

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

2 rights, the Spring Basin Wilderness shall be adminis3 tered by the Secretary in accordance with the Wilder4 ness Act (16 U.S.C. 1131 et seq.), except that— 

5 (A) any reference in the Wilderness Act to 

6 the effective date of that Act shall be considered 

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

8 Act; and 

9 (B) any reference in the Wilderness Act to 

10 the Secretary of Agriculture shall be considered 

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

12 (2) INCORPORATION OF ACQUIRED LAND AND IN13 TERESTS.—Any land or interest in land within the 

14 boundary of the Spring Basin Wilderness that is ac15 quired by the United States shall— 

16 (A) become part of the Spring Basin Wil17 derness; and 

18 (B) be managed in accordance with this 

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

20 and any other applicable law. 

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

22 Spring Basin Wilderness, if established before the date 

23 of enactment of this Act, shall be permitted to con24 tinue subject to such reasonable regulations as are 


rfrederick on PROD1PC67 with BILLS
15 

•S 3089 RS

1 considered necessary by the Secretary, in accordance 

2 with— 

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

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

5 (B) the guidelines set forth in Appendix A 

6 of the report of the Committee on Interior and 

7 Insular Affairs of the House of Representatives 

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

9 (H. Rept. 101–405). 

10 (c) MAP AND LEGAL DESCRIPTION.— 

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

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

13 file a map and a legal description of the Spring 

14 Basin Wilderness with— 

15 (A) the Committee on Energy and Natural 

16 Resources of the Senate; and 

17 (B) the Committee on Natural Resources of 

18 the House of Representatives. 

19 (2) FORCE OF LAW.—The map and legal descrip20 tion filed under paragraph (1) shall have the same 

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

22 the Secretary may correct any typographical errors 

23 in the map and legal description. 

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

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


rfrederick on PROD1PC67 with BILLS
16 

•S 3089 RS

1 and available for public inspection in the appropriate 

2 offices of the Bureau of Land Management. 

3 SEC. 4. RELEASE. 

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

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

6 Act of 1976 (43 U.S.C. 1782(c)), the portions of the Spring 

7 Basin wilderness study area that are not designated by sec8 tion 3(a) as the Spring Basin Wilderness in the following 

9 areas have been adequately studied for wilderness designa10 tion: 

(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1 11 ⁄2. 

(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1 12 ⁄4. 

(3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1 13 ⁄2 of 

the S 1 14 ⁄2. 

15 (b) RELEASE.—Any public land described in sub16 section (a) that is not designated as wilderness by this 

17 Act— 

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

19 Federal Land Policy and Management Act of 1976 

20 (43 U.S.C. 1782(c)); and 

21 (2) shall be managed in accordance with the ap22 plicable land use plan adopted under section 202 of 

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


rfrederick on PROD1PC67 with BILLS
17 

•S 3089 RS

1 SEC. 5. LAND EXCHANGES. 

2 (a) CONFEDERATED TRIBES OF THE WARM SPRINGS

3 RESERVATION LAND EXCHANGE.— 

4 (1) CONVEYANCE OF LAND.—Subject to sub5 sections (e) through (g), if the Tribes offer to convey 

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

7 Tribes in and to the non-Federal land described in 

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

9 (A) accept the offer; and 

10 (B) on receipt of acceptable title to the non11 Federal land, convey to the Tribes all right, title, 

12 and interest of the United States in and to the 

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

14 (2) DESCRIPTION OF LAND.— 

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

16 land referred to in paragraph (1) is the approxi17 mately 4,480 acres of non-Federal land identi18 fied on the wilderness map as ‘‘Lands proposed 

19 for transfer from the CTWSIR to the Federal 

20 Government’’. 

21 (B) FEDERAL LAND.—The Federal land re22 ferred to in paragraph (1)(B) is the approxi23 mately 4,578 acres of Federal land identified on 

24 the wilderness map as ‘‘Lands proposed for 

25 transfer from the Federal Government to 

26 CTWSIR’’. 


rfrederick on PROD1PC67 with BILLS
18 

•S 3089 RS

1 (3) SURVEYS.—The exact acreage and legal de2 scription of the Federal land and non-Federal land 

3 described in paragraph (2) shall be determined by 

4 surveys approved by the Secretary. 

5 (4) WITHDRAWAL.—Subject to valid existing 

6 rights, the land acquired by the Secretary under this 

7 subsection is withdrawn from all forms of— 

8 (A) entry, appropriation, or disposal under 

9 the public land laws; 

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

11 mining laws; and 

12 (C) disposition under any law relating to 

13 mineral and geothermal leasing or mineral ma14 terials. 

15 (b) MCGREER LAND EXCHANGE.— 

16 (1) CONVEYANCE OF LAND.—Subject to sub17 sections (e) through (g), if the landowner offers to con18 vey to the United States all right, title, and interest 

19 of the landowner in and to the non-Federal land de20 scribed in 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 landowner all right, 

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

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


rfrederick on PROD1PC67 with BILLS
19 

•S 3089 RS

1 (2) DESCRIPTION OF LAND.— 

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

3 land referred to in paragraph (1) is the approxi4 mately 18 acres of non-Federal land identified 

5 on the wilderness map as ‘‘Lands proposed for 

6 transfer from McGreer to the Federal Govern7 ment’’. 

8 (B) FEDERAL LAND.—The Federal land re9 ferred to in paragraph (1)(B) is the approxi10 mately 327 acres of Federal land identified on 

11 the wilderness map as ‘‘Lands proposed for 

12 transfer from the Federal Government to 

13 McGreer’’. 

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) KEYS LAND EXCHANGE.— 

19 (1) CONVEYANCE OF LAND.—Subject to sub20 sections (e) through (g), if the landowner offers to con21 vey to the United States all right, title, and interest 

22 of the landowner in and to the non-Federal land de23 scribed in paragraph (2)(A), the Secretary shall— 

24 (A) accept the offer; and 


rfrederick on PROD1PC67 with BILLS
20 

•S 3089 RS

1 (B) on receipt of acceptable title to the non2 Federal land, convey to the landowner all right, 

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

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

5 (2) DESCRIPTION OF LAND.— 

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

7 land referred to in paragraph (1) is the approxi8 mately 180 acres of non-Federal land identified 

9 on the wilderness map as ‘‘Lands proposed for 

10 transfer from Keys to the Federal Government’’. 

11 (B) FEDERAL LAND.—The Federal land re12 ferred to in paragraph (1)(B) is the approxi13 mately 187 acres of Federal land identified on 

14 the wilderness map as ‘‘Lands proposed for 

15 transfer from the Federal Government to Keys’’. 

16 (3) SURVEYS.—The exact acreage and legal de17 scription of the Federal land and non-Federal land 

18 described in paragraph (2) shall be determined by 

19 surveys approved by the Secretary. 

20 (d) BOWERMAN LAND EXCHANGE.— 

21 (1) CONVEYANCE OF LAND.—Subject to sub22 sections (e) through (g), if the landowner offers to con23 vey to the United States all right, title, and interest 

24 of the landowner in and to the non-Federal land de25 scribed in paragraph (2)(A), the Secretary shall— 


rfrederick on PROD1PC67 with BILLS
21 

•S 3089 RS

1 (A) accept the offer; and 

2 (B) on receipt of acceptable title to the non3 Federal land, convey to the landowner all right, 

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

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

6 (2) DESCRIPTION OF LAND.— 

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

8 land referred to in paragraph (1) is the approxi9 mately 32 acres of non-Federal land identified 

10 on the wilderness map as ‘‘Lands proposed for 

11 transfer from Bowerman to the Federal Govern12 ment’’. 

13 (B) FEDERAL LAND.—The Federal land re14 ferred to in paragraph (1)(B) is the approxi15 mately 24 acres of Federal land identified on the 

16 wilderness map as ‘‘Lands proposed for transfer 

17 from the Federal Government to Bowerman’’. 

18 (3) SURVEYS.—The exact acreage and legal de19 scription of the Federal land and non-Federal land 

20 described in paragraph (2) shall be determined by 

21 surveys approved by the Secretary. 

22 (e) APPLICABLE LAW.—Except as otherwise provided 

23 in this section, the Secretary shall carry out the land ex24 changes under this section in accordance with section 206 


rfrederick on PROD1PC67 with BILLS
22 

•S 3089 RS

1 of the Federal Land Policy and Management Act of 1976 

2 (43 U.S.C. 1716). 

3 (f) VALUATION, APPRAISALS, AND EQUALIZATION.— 

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

5 and the non-Federal land to be conveyed in a land ex6 change under this section— 

7 (A) shall be equal, as determined by ap8 praisals conducted in accordance with para9 graph (2); or 

10 (B) if not equal, shall be equalized in ac11 cordance with paragraph (3). 

12 (2) APPRAISALS.— 

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

14 the non-Federal land to be exchanged under this 

15 section shall be appraised by an independent, 

16 qualified appraiser that is agreed to by the Sec17 retary and the owner of the non-Federal land to 

18 be exchanged. 

19 (B) REQUIREMENTS.—An appraisal under 

20 subparagraph (A) shall be conducted in accord21 ance with— 

22 (i) the Uniform Appraisal Standards 

23 for Federal Land Acquisitions; and 

24 (ii) the Uniform Standards of Profes25 sional Appraisal Practice. 


rfrederick on PROD1PC67 with BILLS
23 

•S 3089 RS

1 (3) EQUALIZATION.— 

2 (A) IN GENERAL.—If the value of the Fed3 eral land and the non-Federal land to be con4 veyed in a land exchange under this section is 

5 not equal, the value may be equalized by— 

6 (i) making a cash equalization pay7 ment to the Secretary or to the owner of the 

8 non-Federal land, as appropriate, in ac9 cordance with section 206(b) of the Federal 

10 Land Policy and Management Act of 1976 

11 (43 U.S.C. 1716(b)); or 

12 (ii) reducing the acreage of the Federal 

13 land or the non-Federal land to be ex14 changed, as appropriate. 

15 (B) CASH EQUALIZATION PAYMENTS.—Any 

16 cash equalization payments received by the Sec17 retary under subparagraph (A)(i) shall be— 

18 (i) deposited in the Federal Land Dis19 posal Account established by section 206(a) 

20 of the Federal Land Transaction Facilita21 tion Act (43 U.S.C. 2305(a)); and 

22 (ii) used in accordance with that Act. 

23 (g) CONDITIONS OF EXCHANGE.— 


rfrederick on PROD1PC67 with BILLS
24 

•S 3089 RS

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

2 section shall be subject to such terms and conditions 

3 as the Secretary may require. 

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

5 Federal land and non-Federal land under this sec6 tion, the Federal Government and the owner of the 

7 non-Federal land shall equally share all costs relating 

8 to the land exchange, including the costs of apprais9 als, surveys, and any necessary environmental clear10 ances. 

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

12 Federal land and non-Federal land under this section 

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

14 other valid rights in existence on the date of enact15 ment of this Act. 

16 (h) COMPLETION OF LAND EXCHANGE.—It is the in17 tent of Congress that the land exchanges under this section 

18 shall be completed not later than 2 years after the date of 

19 enactment of this Act. 

20 SEC. 6. PROTECTION OF TRIBAL TREATY RIGHTS. 

21 Nothing in this Act alters, modifies, enlarges, dimin22 ishes, or abrogates the treaty rights of any Indian tribe, 

23 including the off-reservation reserved rights secured by the 

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

25 25, 1855 (12 Stat. 963). 


rfrederick on PROD1PC67 with BILLS

rfrederick on PROD1PC67 with BILLS
Calendar No. 1001 

110TH CONGRESS 

2D SESSION S. 3089 

A BILL 

To designate certain land in the State of Oregon as 

purposes. Federal land and non-Federal land, and for other wilderness, to provide for the exchange of certain 

SEPTEMBER 16, 2008 

Reported with an amendment 


rfrederick on PROD1PC67 with BILLS