II 

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. 

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 ‘‘Cathedral Rock and 

5 Horse Heaven Wilderness Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

8 means the Federal land authorized to be conveyed 

9 by the United States under section 4(a). 


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1 (2) LANDOWNER.—The term ‘‘landowner’’ 

2 means the owner of the applicable non-Federal land. 

3 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral land’’ means the land authorized to be conveyed 

5 to the United States under section 4(a). 

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

7 the Secretary of the Interior. 

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

9 of Oregon. 

10 (6) WILDERNESS AREA.—The term ‘‘wilderness 

11 area’’ means any of the areas designated as compo12 nents of the National Wilderness Preservation Sys13 tem by section 3(a). 

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

15 map’’ means the map entitled ‘‘Cathedral Rock– 

16 Horse Heaven Wilderness Proposals’’ and dated 

17 January 21, 2010. 

18 SEC. 3. CATHEDRAL ROCK WILDERNESS AND HORSE HEAV19 EN WILDERNESS. 

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

22 the State is designated as wilderness and as components 

23 of the National Wilderness Preservation System: 

24 (1) CATHEDRAL ROCK WILDERNESS.—The ap25 proximately 8,686 acres of Bureau of Land ManageVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2963.IS S2963

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1 ment land in the State, as depicted on the wilder2 ness map, to be known as the ‘‘Cathedral Rock Wil3 derness’’. 

4 (2) HORSE HEAVEN WILDERNESS.—The ap5 proximately 7,791 acres of Bureau of Land Manage6 ment land in the State, as depicted on the wilder7 ness map, to be known as the ‘‘Horse Heaven Wil8 derness’’. 

9 (b) MAPS; LEGAL DESCRIPTIONS.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall file a map and legal description of each wilder13 ness area with— 

14 (A) the Committee on Natural Resources 

15 of the House of Representatives; and 

16 (B) the Committee on Energy and Natural 

17 Resources of the Senate. 

18 (2) FORCE OF LAW.—The maps and legals de19 scription filed under paragraph (1) shall have the 

20 same force and effect as if included in this Act, ex21 cept that the Secretary may correct errors in the 

22 map and legal description. 

23 (3) AVAILABILITY.—The maps and legal de24 scriptions filed under paragraph (1) shall be on file 

25 and available for public inspection in— 


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1 (A) the Office of the Chief of the Forest 

2 Service; and 

3 (B) the Office of the Director of the Bu4 reau of Land Management. 

5 (4) CONFLICT BETWEEN MAP AND LEGAL DE6 SCRIPTION.—In the case of a conflict between the 

7 maps and legal descriptions filed under paragraph 

8 (1), the maps shall control. 

9 (c) ADMINISTRATION OF WILDERNESS.— 

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

11 rights, the wilderness areas shall be administered by 

12 the Secretary in accordance with the Wilderness Act 

13 (16 U.S.C. 1131 et seq.), except that any reference 

14 in that Act to the effective date shall be considered 

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

16 Act. 

17 (2) INCORPORATION OF ACQUIRED LAND AND

18 INTERESTS.—Any land within or adjacent to the 

19 boundary of a wilderness area that is acquired by 

20 the United States shall— 

21 (A) become part of the wilderness area; 

22 and 

23 (B) be managed in accordance with— 

24 (i) this section; and 

25 (ii) any other applicable laws. 


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1 (3) WITHDRAWAL.—Subject to valid rights in 

2 existence on the date of enactment of this Act, the 

3 Federal land within the wilderness areas is with4 drawn from all forms of— 

5 (A) entry, appropriation, or disposal under 

6 the public land laws; 

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

8 mining laws; and 

9 (C) disposition under all laws relating to 

10 mineral and geothermal leasing or mineral ma11 terials. 

12 (4) GRAZING.—The grazing of domestic live13 stock in a wilderness area shall be administered in 

14 accordance with— 

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

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

17 (B) the guidelines set forth in Appendix A 

18 of the report of the Committee on Interior and 

19 Insular Affairs of the House of Representatives 

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

21 (H. Rept. 101–405) and H.R. 5487 of the 96th 

22 Congress (H. Rept. 96–617). 

23 (5) ACCESS TO NON-FEDERAL LAND.—In ac24 cordance with the Wilderness Act (16 U.S.C. 1131 

25 et seq.), the Secretary shall provide reasonable acVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2963.IS S2963

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1 cess to non-Federal land within the boundaries of 

2 the wilderness areas. 

3 (6) STATE WATER LAWS.—Nothing in this sec4 tion constitutes an exemption from State water laws 

5 (including regulations). 

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

7 (A) affects, alters, amends, repeals, inter8 prets, extinguishes, modifies, or is in conflict 

9 with— 

10 (i) the treaty rights of an Indian 

11 tribe, including the rights secured by the 

12 Treaty with the Tribes and Bands of Mid13 dle Oregon of June 25, 1855 (12 Stat. 

14 963); and 

15 (ii) any other rights of an Indian 

16 tribe; 

17 (B) prevents, prohibits, terminates, or 

18 abridges the exercise of treaty-reserved rights, 

19 including the rights secured by the Treaty with 

20 the Tribes and Bands of Middle Oregon of 

21 June 25, 1855 (12 Stat. 963), within the 

22 boundaries of the wilderness areas; or 

23 (C) affects any non-Federal land acquired 

24 by the United States under section 4. 


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1 SEC. 4. LAND EXCHANGES. 

2 (a) AUTHORIZATION.— 

3 (1) SMITH EXCHANGE.— 

4 (A) IN GENERAL.—If Derby Smith Part5 ners, LLC, of Bend, Oregon (referred to in this 

6 section as ‘‘Smith’’), offers to convey to the 

7 United States all right, title, and interest of 

8 Smith in and to the non-Federal land described 

9 in subparagraph (B)(i), the Secretary shall— 

10 (i) accept the offer; and 

11 (ii) on receipt of acceptable title to the 

12 non-Federal land and subject to valid ex13 isting rights, convey to Smith all right, 

14 title, and interest of the United States in 

15 and to the Federal land described in sub16 paragraph (B)(ii). 

17 (B) DESCRIPTION OF LAND.— 

18 (i) NON-FEDERAL LAND.—The non19 Federal land referred to in subparagraph 

20 (A) is the approximately 1,057 acres of 

21 non-Federal land identified on the wilder22 ness map as ‘‘Lands proposed for transfer 

23 from Smith to the Federal Government’’. 

24 (ii) FEDERAL LAND.—The Federal 

25 land referred to in subparagraph (A)(ii) is 

26 the approximately 1,195 acres of Federal 


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1 land identified on the wilderness map as 

2 ‘‘Lands proposed for transfer from the 

3 Federal Government to Smith’’. 

4 (2) SHRUM EXCHANGE.— 

5 (A) IN GENERAL.—If Milton Shrum (re6 ferred to in this section as ‘‘Shrum’’) offers to 

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

8 interest of Shrum in and to the non-Federal 

9 land described in subparagraph (B)(i), the Sec10 retary shall— 

11 (i) accept the offer; and 

12 (ii) on receipt of acceptable title to the 

13 non-Federal land and subject to valid ex14 isting rights, convey to Shrum all right, 

15 title, and interest of the United States in 

16 and to the Federal land described in sub17 paragraph (B)(ii). 

18 (B) DESCRIPTION OF LAND.— 

19 (i) NON-FEDERAL LAND.—The non20 Federal land referred to in subparagraph 

21 (A) is the approximately 416 acres of non22 Federal land identified on the wilderness 

23 map as ‘‘Lands proposed for transfer from 

24 Shrum to the Federal Government’’. 


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1 (ii) FEDERAL LAND.—The Federal 

2 land referred to in subparagraph (A)(ii) is 

3 the approximately 594 acres of Federal 

4 land identified on the wilderness map as 

5 ‘‘Lands proposed for transfer from the 

6 Federal Government to Shrum’’. 

7 (3) YOUNG LIFE EXCHANGE.— 

8 (A) IN GENERAL.—If Young Life of Colo9 rado Springs, Colorado (referred to in this sec10 tion as ‘‘Young Life’’), offers to convey to the 

11 United States all right, title, and interest of 

12 Young Life in and to the non-Federal land de13 scribed in subparagraph (B)(i), the Secretary 

14 shall— 

15 (i) accept the offer; and 

16 (ii) on receipt of acceptable title to the 

17 non-Federal land and subject to valid ex18 isting rights, convey to Young Life all 

19 right, title, and interest of the United 

20 States in and to the Federal land described 

21 in subparagraph (B)(ii). 

22 (B) DESCRIPTION OF LAND.— 

23 (i) NON-FEDERAL LAND.—The non24 Federal land referred to in subparagraph 

25 (A) is the approximately 8,715 acres of 


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1 non-Federal land identified on the wilder2 ness map as ‘‘Lands proposed for transfer 

3 from Young Life to the Federal Govern4 ment’’. 

5 (ii) FEDERAL LAND.—The Federal 

6 land referred to in subparagraph (A)(ii) is 

7 the approximately 12,335 acres of Federal 

8 land identified on the wilderness map as 

9 ‘‘Lands proposed for transfer from the 

10 Federal Government to Young Life’’. 

11 (b) APPLICABLE LAW.—Except as otherwise provided 

12 in this section, the Secretary shall carry out the land ex13 changes under subsection (a) in accordance with section 

14 206 of the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1716). 

16 (c) CONDITIONS.—The conveyances of the Federal 

17 land and non-Federal land under subsection (a) shall be 

18 subject to such terms and conditions as the Secretary may 

19 require. 

20 (d) EQUAL VALUE EXCHANGE.— 

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

22 land and non-Federal land to be exchanged under 

23 this section— 

24 (A) shall be equal; or 


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1 (B) shall be made equal in accordance with 

2 paragraph (2). 

3 (2) EQUALIZATION.— 

4 (A) SURPLUS OF FEDERAL LAND.—If the 

5 value of the Federal land exceeds the value of 

6 the non-Federal land, the value of the Federal 

7 land and non-Federal land shall be equalized, 

8 as determined to be appropriate and acceptable 

9 by the Secretary and the landowner— 

10 (i) by reducing the acreage of the 

11 Federal land to be conveyed; or 

12 (ii) by adding additional State land to 

13 the non-Federal land to be conveyed. 

14 (B) SURPLUS OF NON-FEDERAL LAND.—If 

15 the value of the non-Federal land exceeds the 

16 value of the Federal land, the value of the Fed17 eral land and non-Federal land shall be equal18 ized by reducing the acreage of the non-Federal 

19 land to be conveyed, as determined to be appro20 priate and acceptable by the Secretary and the 

21 landowner. 

22 (e) APPRAISALS.— 

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

24 the date of enactment of this Act, the Secretary and 

25 the landowner shall select an appraiser to conduct 


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1 an appraisal of the Federal land and non-Federal 

2 land to be exchanged. 

3 (2) REQUIREMENTS.—An appraisal under para4 graph (1) shall be conducted in accordance with na5 tionally recognized appraisal standards, including— 

6 (A) the Uniform Appraisal Standards for 

7 Federal Land Acquisitions; and 

8 (B) the Uniform Standards of Professional 

9 Appraisal Practice. 

10 (f) SURVEYS.— 

11 (1) IN GENERAL.—The exact acreage and legal 

12 description of the Federal land and non-Federal land 

13 to be exchanged under subsection (a) shall be deter14 mined by surveys approved by the Secretary. 

15 (2) COSTS.—The Secretary and the landowner 

16 shall divide equally between the Secretary and the 

17 landowner— 

18 (A) the costs of any surveys conducted 

19 under paragraph (1); and 

20 (B) any other administrative costs of car21 rying out the land exchange under this section. 

22 (g) DEADLINE FOR COMPLETION OF LAND EX23 CHANGE.—It is the intent of Congress that the land ex24 changes under this section be completed not later than 2 

25 years after the date of enactment of this Act. 


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1 (h) ADDITION TO WILDERNESS AREAS.—On comple2 tion of the land exchanges under this section, the non3 Federal land shall— 

4 (1) become part of the wilderness areas; and 

5 (2) be managed in accordance with— 

6 (A) this Act; 

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

8 seq.); and 

9 (C) any other applicable law. 

Æ 


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