II 

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 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 ‘‘Spring Basin Wilder5 ness Act of 2008’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

2 means the Bowerman Family Trust, which is the 

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

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

5 a resident of Portland, Oregon. 

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

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

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

9 the Secretary of the Interior. 

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

11 of Oregon. 

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

13 Confederated Tribes of the Warm Springs Indian 

14 Reservation, with offices in Warm Springs, Oregon. 

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

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

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

18 2008. 

19 SEC. 3. SPRING BASIN WILDERNESS. 

20 (a) DESIGNATION.—In accordance with the Wilder21 ness Act (16 U.S.C. 1131 et seq.), the approximately 

22 8,661 acres of Bureau of Land Management land in the 

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

24 as wilderness and as a component of the National WilderVerDate Aug 31 2005 03:33 Jun 07, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3089.IS S3089

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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— 


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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— 


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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. 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 


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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 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 


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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. 


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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’’. 


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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 03:33 Jun 07, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3089.IS S3089

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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 


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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. 


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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 exVerDate Aug 31 2005 03:33 Jun 07, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3089.IS S3089

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1 changes under this section shall be completed not later 

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

Æ 


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