```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2963 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2963

  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

                            January 28, 2010

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cathedral Rock and Horse Heaven 
Wilderness Act of 2010''.

SEC. 2. DEFINITIONS.

            (1) Federal land.--The term ``Federal land'' means the 
        Federal land authorized to be conveyed by the United States 
        under section 4(a).
            (2) Landowner.--The term ``landowner'' means the owner of 
        the applicable non-Federal land.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the land authorized to be conveyed to the United States under 
        section 4(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Oregon.
            (6) Wilderness area.--The term ``wilderness area'' means 
        any of the areas designated as components of the National 
        Wilderness Preservation System by section 3(a).
            (7) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Cathedral Rock-Horse Heaven Wilderness 
        Proposals'' and dated January 21, 2010.

SEC. 3. CATHEDRAL ROCK WILDERNESS AND HORSE HEAVEN WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following land in the State is designated as 
wilderness and as components of the National Wilderness Preservation 
System:
            (1) Cathedral rock wilderness.--The approximately 8,686 
        acres of Bureau of Land Management land in the State, as 
        depicted on the wilderness map, to be known as the ``Cathedral 
        Rock Wilderness''.
            (2) Horse heaven wilderness.--The approximately 7,791 acres 
        of Bureau of Land Management land in the State, as depicted on 
        the wilderness map, to be known as the ``Horse Heaven 
        Wilderness''.
    (b) Maps; Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of each wilderness area with--
                    (A) the Committee on Natural Resources of the House 
                of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (2) Force of law.--The maps and legals description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        errors in the map and legal description.
            (3) Availability.--The maps and legal descriptions filed 
        under paragraph (1) shall be on file and available for public 
        inspection in--
                    (A) the Office of the Chief of the Forest Service; 
                and
                    (B) the Office of the Director of the Bureau of 
                Land Management.
            (4) Conflict between map and legal description.--In the 
        case of a conflict between the maps and legal descriptions 
        filed under paragraph (1), the maps shall control.
    (c) Administration of Wilderness.--
            (1) In general.--Subject to valid existing rights, the 
        wilderness areas shall be administered by the Secretary in 
        accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
        except that any reference in that Act to the effective date 
        shall be considered to be a reference to the date of enactment 
        of this Act.
            (2) Incorporation of acquired land and interests.--Any land 
        within or adjacent to the boundary of a wilderness area that is 
        acquired by the United States shall--
                    (A) become part of the wilderness area; and
                    (B) be managed in accordance with--
                            (i) this section; and
                            (ii) any other applicable laws.
            (3) Withdrawal.--Subject to valid rights in existence on 
        the date of enactment of this Act, the Federal land within the 
        wilderness areas is withdrawn from all forms of--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws relating to mineral 
                and geothermal leasing or mineral materials.
            (4) Grazing.--The grazing of domestic livestock in a 
        wilderness area shall be administered in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4)); and
                    (B) the guidelines set forth in Appendix A of the 
                report of the Committee on Interior and Insular Affairs 
                of the House of Representatives accompanying H.R. 2570 
                of the 101st Congress (H. Rept. 101-405) and H.R. 5487 
                of the 96th Congress (H. Rept. 96-617).
            (5) Access to non-federal land.--In accordance with the 
        Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary shall 
        provide reasonable access to non-Federal land within the 
        boundaries of the wilderness areas.
            (6) State water laws.--Nothing in this section constitutes 
        an exemption from State water laws (including regulations).
            (7) Tribal rights.--Nothing in this section--
                    (A) affects, alters, amends, repeals, interprets, 
                extinguishes, modifies, or is in conflict with--
                            (i) the treaty rights of an Indian tribe, 
                        including the rights secured by the Treaty with 
                        the Tribes and Bands of Middle Oregon of June 
                        25, 1855 (12 Stat. 963); and
                            (ii) any other rights of an Indian tribe;
                    (B) prevents, prohibits, terminates, or abridges 
                the exercise of treaty-reserved rights, including the 
                rights secured by the Treaty with the Tribes and Bands 
                of Middle Oregon of June 25, 1855 (12 Stat. 963), 
                within the boundaries of the wilderness areas; or
                    (C) affects any non-Federal land acquired by the 
                United States under section 4.

SEC. 4. LAND EXCHANGES.

    (a) Authorization.--
            (1) Smith exchange.--
                    (A) In general.--If Derby Smith Partners, LLC, of 
                Bend, Oregon (referred to in this section as 
                ``Smith''), offers to convey to the United States all 
                right, title, and interest of Smith in and to the non-
                Federal land described in subparagraph (B)(i), the 
                Secretary shall--
                            (i) accept the offer; and
                            (ii) on receipt of acceptable title to the 
                        non-Federal land and subject to valid existing 
                        rights, convey to Smith all right, title, and 
                        interest of the United States in and to the 
                        Federal land described in subparagraph (B)(ii).
                    (B) Description of land.--
                            (i) Non-federal land.--The non-Federal land 
                        referred to in subparagraph (A) is the 
                        approximately 1,057 acres of non-Federal land 
                        identified on the wilderness map as ``Lands 
                        proposed for transfer from Smith to the Federal 
                        Government''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 1,195 acres of Federal land 
                        identified on the wilderness map as ``Lands 
                        proposed for transfer from the Federal 
                        Government to Smith''.
            (2) Shrum exchange.--
                    (A) In general.--If Milton Shrum (referred to in 
                this section as ``Shrum'') offers to convey to the 
                United States all right, title, and interest of Shrum 
                in and to the non-Federal land described in 
                subparagraph (B)(i), the Secretary shall--
                            (i) accept the offer; and
                            (ii) on receipt of acceptable title to the 
                        non-Federal land and subject to valid existing 
                        rights, convey to Shrum all right, title, and 
                        interest of the United States in and to the 
                        Federal land described in subparagraph (B)(ii).
                    (B) Description of land.--
                            (i) Non-federal land.--The non-Federal land 
                        referred to in subparagraph (A) is the 
                        approximately 416 acres of non-Federal land 
                        identified on the wilderness map as ``Lands 
                        proposed for transfer from Shrum to the Federal 
                        Government''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 594 acres of Federal land 
                        identified on the wilderness map as ``Lands 
                        proposed for transfer from the Federal 
                        Government to Shrum''.
            (3) Young life exchange.--
                    (A) In general.--If Young Life of Colorado Springs, 
                Colorado (referred to in this section as ``Young 
                Life''), offers to convey to the United States all 
                right, title, and interest of Young Life in and to the 
                non-Federal land described in subparagraph (B)(i), the 
                Secretary shall--
                            (i) accept the offer; and
                            (ii) on receipt of acceptable title to the 
                        non-Federal land and subject to valid existing 
                        rights, convey to Young Life all right, title, 
                        and interest of the United States in and to the 
                        Federal land described in subparagraph (B)(ii).
                    (B) Description of land.--
                            (i) Non-federal land.--The non-Federal land 
                        referred to in subparagraph (A) is the 
                        approximately 8,715 acres of non-Federal land 
                        identified on the wilderness map as ``Lands 
                        proposed for transfer from Young Life to the 
                        Federal Government''.
                            (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A)(ii) is the 
                        approximately 12,335 acres of Federal land 
                        identified on the wilderness map as ``Lands 
                        proposed for transfer from the Federal 
                        Government to Young Life''.
    (b) Applicable Law.--Except as otherwise provided in this section, 
the Secretary shall carry out the land exchanges under subsection (a) 
in accordance with section 206 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716).
    (c) Conditions.--The conveyances of the Federal land and non-
Federal land under subsection (a) shall be subject to such terms and 
conditions as the Secretary may require.
    (d) Equal Value Exchange.--
            (1)  In general.--The value of the Federal land and non-
        Federal land to be exchanged under this section--
                    (A) shall be equal; or
                    (B) shall be made equal in accordance with 
                paragraph (2).
            (2) Equalization.--
                    (A) Surplus of federal land.--If the value of the 
                Federal land exceeds the value of the non-Federal land, 
                the value of the Federal land and non-Federal land 
                shall be equalized, as determined to be appropriate and 
                acceptable by the Secretary and the landowner--
                            (i) by reducing the acreage of the Federal 
                        land to be conveyed; or
                            (ii) by adding additional State land to the 
                        non-Federal land to be conveyed.
                    (B) Surplus of non-federal land.--If the value of 
                the non-Federal land exceeds the value of the Federal 
                land, the value of the Federal land and non-Federal 
                land shall be equalized by reducing the acreage of the 
                non-Federal land to be conveyed, as determined to be 
                appropriate and acceptable by the Secretary and the 
                landowner.
    (e) Appraisals.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary and the landowner shall 
        select an appraiser to conduct an appraisal of the Federal land 
        and non-Federal land to be exchanged.
            (2) Requirements.--An appraisal under paragraph (1) shall 
        be conducted in accordance with nationally recognized appraisal 
        standards, including--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (f) Surveys.--
            (1) In general.--The exact acreage and legal description of 
        the Federal land and non-Federal land to be exchanged under 
        subsection (a) shall be determined by surveys approved by the 
        Secretary.
            (2) Costs.--The Secretary and the landowner shall divide 
        equally between the Secretary and the landowner--
                    (A) the costs of any surveys conducted under 
                paragraph (1); and
                    (B) any other administrative costs of carrying out 
                the land exchange under this section.
    (g) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchanges under this section be completed not 
later than 2 years after the date of enactment of this Act.
    (h) Addition to Wilderness Areas.--On completion of the land 
exchanges under this section, the non-Federal land shall--
            (1) become part of the wilderness areas; and
            (2) be managed in accordance with--
                    (A) this Act;
                    (B) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    (C) any other applicable law.
                                 <all>
```