Malheur Community Empowerment for the Owyhee Act

To provide for the establishment of a grazing management program on Federal land in Malheur County, Oregon, and for other purposes. 1. Short title This Act may be cited as the Malheur Community Empowerment for the Owyhee Act 2. Definitions In this Act: (1) Bureau The term Bureau (2) Commissioner The term Commissioner (3) County The term County (4) Federal land The term Federal land (5) Long-term ecological health The term long-term ecological health (6) Loop road (A) In general The term loop road (B) Inclusion The term loop road (7) Malheur CEO group The term Malheur CEO Group (8) Operational flexibility The term operational flexibility (9) Program The term program (10) Secretary The term Secretary (11) State The term State 3. Malheur County Grazing Management Program (a) In general The Secretary may carry out a grazing management program on the Federal land, to be known as the Malheur County Grazing Management Program Bureau of Land Management Instruction Memorandum 2018–109 (b) Permit operational flexibility (1) Flexible grazing use alternative for a grazing permit or lease For purposes of renewing a grazing permit or lease under the program, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Interim flexible grazing use for a grazing permit or lease For purposes of using operational flexibility pending the renewal of a grazing permit or lease under the program, the Bureau may authorize temporary changes in livestock grazing use in accordance with applicable laws (including regulations) after providing notice to the applicable individuals and entities described in paragraph (3). (3) Consultation The Secretary shall develop alternatives under paragraph (1) in consultation with— (A) the applicable grazing permittee or lessee; (B) affected Federal and State agencies; (C) the Malheur CEO Group; (D) other landowners in the affected allotment; and (E) interested members of the public. (4) Monitoring plans (A) In general The Secretary shall develop cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under paragraph (1) or (2) and to improve the long-term ecological health of the Federal land under the program, in consultation with grazing permittees or lessees and other individuals and entities described in paragraph (3). (B) Requirements A monitoring plan developed under subparagraph (A) shall— (i) identify situations in which providing operational flexibility in grazing permit or lease uses is appropriate to improve long-term ecological health of the Federal land; (ii) identify ways in which progress would be measured toward long-term ecological health of the Federal land; (iii) include— (I) a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (II) a description of monitoring methods and protocols; (III) a schedule for collecting data; (IV) an identification of the responsible party for data collection and storage; (V) an evaluation schedule; (VI) a description of the anticipated use of the data; (VII) provisions for adjusting any components of the monitoring plan; and (VIII) a description of the method to communicate the criteria for adjusting livestock grazing use; and (iv) provide for annual reports on the effects of operational flexibility in grazing permit or lease uses under the program. (5) Terms and conditions (A) Preferred alternative If the Secretary determines that an alternative considered under the program that provides operational flexibility is the preferred alternative, the Secretary shall incorporate the alternative, including applicable monitoring plans developed under paragraph (4), into the terms and conditions of the applicable grazing permit or lease. (B) Adjustments Before implementing any measure for purposes of operational flexibility with respect to a grazing use authorized under the terms and conditions of a permit or lease with respect to which an alternative has been incorporated under subparagraph (A), the grazing permittee or lessee shall notify the Secretary in writing of the proposed adjustment. (C) Additional requirements The Secretary may include any other requirements in a permit or lease with respect to which an alternative has been incorporated under subparagraph (A) that the Secretary determines to be necessary. (c) Review; termination (1) Review (A) In general Subject to subparagraph (B), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the program to determine whether the objectives of the program are being met. (B) No effect on program permits and leases The review of the program under subparagraph (A) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program. (2) Termination If, based on the review conducted under paragraph (1), the Secretary determines that the objectives of the program are not being met, the Secretary shall, on the date that is 10 years after the date of enactment of this Act— (A) modify the program in a manner to ensure that the objectives of the program would be met; or (B) terminate the program. (d) No effect on grazing rights or privileges Nothing in this Act— (1) affects the rights or privileges provided under the Act of 10 June 28, 1934 (commonly known as the Taylor Grazing Act 43 U.S.C. 315 et seq. (2) requires the Secretary to consider modifying or terminating the classification of any existing grazing district on the Federal land in any subsequent plan or decision of the Secretary. 4. Malheur Community Empowerment for Owyhee Group (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory group, to be known as the Malheur Community Empowerment for Owyhee Group (1) to provide to the Secretary advice and recommendations relating to the implementation of actions proposed to be carried out under this Act, including monitoring and operational flexibility of grazing use of the Federal land; (2) to be listed as an interested party for pending Bureau management decisions on the Federal land under this Act; and (3) to provide advice and recommendations to the State and the County commissioners on economic development issues relating to the Federal land under this Act. (b) Membership (1) In general The Malheur CEO Group shall consist of— (A) 8 voting members, to be appointed by the Secretary, based on recommendations from the Vale District Bureau manager and the County commissioners, of whom— (i) 3 shall be representatives of grazing permittees and lessees in the County; (ii) 3 shall be representatives of other businesses or conservation or recreation organizations in the County, of whom at least 2 shall reside in the County; (iii) 1 shall be a representative of the Burns Paiute Tribe; and (iv) 1 shall be a representative of the Fort McDermott Tribe; and (B) 4 nonvoting members, to be appointed by the Secretary, based on recommendations from the Vale District Bureau manager and the County commissioners, of whom— (i) 1 shall be a representative of the Bureau Vale District; (ii) 1 shall be a representative of the United States Fish and Wildlife Service; (iii) 1 shall be a representative of the State; and (iv) 1 shall be a representative of the County. (2) Appointment (A) Initial appointments Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Malheur CEO Group. (B) Terms Each member of the Malheur CEO Group shall serve for a term of 3 years. (C) Reappointment A member of the Malheur CEO Group may be reappointed for 1 or more additional 3-year terms. (D) Vacancies A vacancy on the Malheur CEO Group shall be filled— (i) as soon as practicable after the vacancy occurs; and (ii) in the same manner as the original appointment. (3) Compensation and expenses (A) Compensation Members of the Malheur CEO Group shall serve without compensation. (B) Travel expenses Each member of the Malheur CEO Group shall receive from the Secretary travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (4) Chairperson A chairperson shall be elected by a majority of the voting members of the Malheur CEO Group. (5) Secretary The representative from the Bureau Vale District appointed under paragraph (1)(B)(i) shall be— (A) the secretary and recordkeeper for the Malheur CEO Group; and (B) responsible for convening meetings of the Malheur CEO Group. (c) Duties (1) In general The Malheur CEO Group shall— (A) review any program project proposed to the Bureau by— (i) a member of the Malheur CEO Group; (ii) a grazing permittee or lessee on the Federal land; or (iii) any other member of the public; (B) subject to paragraph (2), propose program projects and funding recommendations to the Secretary under this section; (C) cooperate with appropriate officials of land management agencies in the County in recommending program projects consistent with purposes of this section; (D) review program monitoring data and, in accordance with this subsection, recommend program project modifications, if appropriate; and (E) provide frequent opportunities for citizens, organizations, Indian Tribes, land management agencies, and other interested parties to participate openly and meaningfully in program project development and implementation. (2) Projects proposed to secretary The Malheur CEO Group may propose a program project to the Secretary if the program project has been approved by a majority of the members voting at an official meeting of the Malheur CEO Group. (d) Meetings (1) In general A quorum is required for an official meeting of the Malheur CEO Group. (2) Biannual meetings The Malheur CEO Group shall hold official meetings not less frequently than biannually. (3) Virtual meetings An official meeting of the Malheur CEO Group may be held virtually. (4) Quorum A quorum of the Malheur CEO Group shall consist of a majority of the members of the Malheur CEO Group participating in person or virtually. (5) Open meetings Each meeting of the Malheur CEO Group shall— (A) not later than the date that is 1 week before the date of the meeting, be announced— (i) on the public website of the Bureau; and (ii) in a local newspaper of record, as determined by the Secretary; and (B) be held open to the public. (6) Records The secretary of the Malheur CEO Group described in subsection (b)(5) shall— (A) maintain records of each official meeting of the Malheur CEO Group; and (B) make the records maintained under subparagraph (A) available for public inspection. (e) Bylaws (1) In general The members of the Malheur CEO Group shall establish bylaws for the Malheur CEO Group. (2) Requirement Bylaws may be established under paragraph (1) on approval by a majority of the members of the Malheur CEO Group. (f) Consultation During any period in which the program and the Malheur CEO Group are in existence, the Secretary shall consult with the Malheur CEO Group— (1) not less frequently than once every 60 days; or (2) as otherwise agreed to by— (A) the Secretary; and (B) the Malheur CEO Group. (g) FACA applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Malheur CEO Group. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $51,000 for each of fiscal years 2023 through 2027. (2) Administrative costs Of the amounts made available under paragraph (1), not more than 10 percent may be used for administrative costs relating to the Malheur CEO Group. 5. Land designations (a) Definitions In this section: (1) Map The term Map Proposed Wilderness Malheur County (2) Wilderness area The term wilderness area (b) Designation of wilderness areas (1) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (A) Fifteenmile creek wilderness Certain Federal land, comprising approximately 58,599 acres, as generally depicted on the Map, which shall be known as the Fifteenmile Creek Wilderness (B) Oregon canyon mountains wilderness Certain Federal land, comprising approximately 57,891 acres, as generally depicted on the Map, which shall be known as the Oregon Canyon Mountains Wilderness (C) Twelvemile creek wilderness Certain Federal land, comprising approximately 37,779 acres, as generally depicted on the Map, which shall be known as the Twelvemile Creek Wilderness (D) Upper west little owyhee wilderness Certain Federal land, comprising approximately 93,159 acres, as generally depicted on the Map, which shall be known as the Upper West Little Owyhee Wilderness (E) Lookout butte wilderness Certain Federal land, comprising approximately 66,194 acres, as generally depicted on the Map, which shall be known as the Lookout Butte Wilderness (F) Mary Gautreaux Owyhee River Canyon Wilderness Certain Federal land, comprising approximately 223,586 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Owyhee River Canyon Wilderness (G) Twin butte wilderness Certain Federal land, comprising approximately 18,135 acres, as generally depicted on the Map, which shall be known as the Twin Butte Wilderness (H) Cairn c Certain Federal land, comprising approximately 8,946 acres, as generally depicted on the Map, which shall be known as the Cairn C (I) Oregon butte wilderness Certain Federal land, comprising approximately 32,010 acres, as generally depicted on the Map, which shall be known as the Oregon Butte Wilderness (J) Deer flat wilderness Certain Federal land, comprising approximately 12,266 acres, as generally depicted on the Map, which shall be known as the Deer Flat Wilderness (K) Sacramento hill wilderness Certain Federal, comprising approximately 9,568 acres, as generally depicted on the Map, which shall be known as the Sacramento Hill Wilderness (L) Coyote wells wilderness Certain Federal land, comprising approximately 7,147 acres, as generally depicted on the Map, which shall be known as the Coyote Wells Wilderness (M) Big grassey wilderness Certain Federal land, comprising approximately 45,192 acres, as generally depicted on the Map, which shall be known as the Big Grassey Wilderness (N) Little groundhog reservoir wilderness Certain Federal land, comprising approximately 5,272 acres, as generally depicted on the Map, which shall be known as the Little Groundhog Reservoir Wilderness (O) Mary Gautreaux Lower Owyhee Canyon Wilderness Certain Federal land, comprising approximately 79,947 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Lower Owyhee Canyon Wilderness (P) Jordan crater wilderness Certain Federal land, comprising approximately 31,141 acres, as generally depicted on the Map, which shall be known as the Jordan Crater Wilderness (Q) Owyhee breaks wilderness Certain Federal land, comprising approximately 29,471 acres, as generally depicted on the Map, which shall be known as the Owyhee Breaks Wilderness (R) Dry creek wilderness Certain Federal land, comprising approximately 33,209 acres, as generally depicted on the Map, which shall be known as the Dry Creek Wilderness (S) Dry creek buttes wilderness Certain Federal land, comprising approximately 53,782 acres, as generally depicted on the Map, which shall be known as the Dry Creek Buttes Wilderness (T) Upper leslie gulch wilderness Certain Federal land, comprising approximately 2,911 acres, as generally depicted on the Map, which shall be known as the Upper Leslie Gulch Wilderness (U) Slocum creek wilderness Certain Federal land, comprising approximately 7,528 acres, as generally depicted on the Map, which shall be known as the Slocum Creek Wilderness (V) Honeycombs wilderness Certain Federal land, comprising approximately 40,099 acres, as generally depicted on the Map, which shall be known as the Honeycombs Wilderness (W) Wild horse basin wilderness Certain Federal land, comprising approximately 18,381 acres, as generally depicted on the Map, which shall be known as the Wild Horse Basin Wilderness (X) Quartz mountain wilderness Certain Federal land, comprising approximately 32,781 acres, as generally depicted on the Map, which shall be known as the Quartz Mountain Wilderness (Y) The tongue wilderness Certain Federal land, comprising approximately 6,800 acres, as generally depicted on the Map, which shall be known as The Tongue Wilderness (Z) Burnt mountain wilderness Certain Federal land, comprising approximately 8,109 acres, as generally depicted on the Map, which shall be known as the Burnt Mountain Wilderness (AA) Cottonwood creek wilderness Certain Federal land, comprising approximately 77,828 acres, as generally depicted on the Map, which shall be known as the Cottonwood Creek Wilderness (BB) Castle rock wilderness Certain Federal land, comprising approximately 6,151 acres, as generally depicted on the Map, which shall be known as the Castle Rock Wilderness (CC) West fork bendire wilderness Certain Federal land, comprising approximately 10,519 acres, as generally depicted on the Map, which shall be known as the West Fork Bendire Wilderness (DD) Beaver dam creek wilderness Certain Federal land, comprising approximately 19,080 acres, as generally depicted on the Map, which shall be known as the Beaver Dam Creek Wilderness (2) Maps and legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a map and legal description of each wilderness area. (B) Effect Each map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description. (C) Public availability The maps and legal descriptions prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau. (3) Management (A) 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. (i) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (ii) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (B) Grazing The Secretary shall allow the continuation of the grazing of livestock, including the maintenance, construction, or replacement of authorized supporting facilities, in the wilderness areas, if established before the date of enactment of this Act, in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (ii) 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). (C) Fire management and related activities The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control of fire, insects, and diseases, in accordance with— (i) section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (ii) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40). (D) Roads adjacent to wilderness areas Nothing in this Act requires the closure of any adjacent road outside the boundary of a wilderness area. (c) Management of land not designated as wilderness (1) Release of wilderness study area (A) Finding Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (B) Release Except as provided in paragraph (2), the land described in subparagraph (A)— (i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (ii) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. 43 U.S.C. 1712 (2) Management of certain land with wilderness characteristics Any portion of the Federal land that was previously determined by the Secretary to be land with wilderness characteristics that is not designated as wilderness by subsection (b)(1) shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 6. Economic development (a) Definition of map In this section, the term Map Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops (b) Loop roads requirements (1) In general The Secretary, in coordination with the County, shall work with Travel Oregon to establish the loop roads. (2) Owyhee dam road (A) Safety upgrades (i) In general The Secretary shall seek to enter into an arrangement with the County to fund safety upgrades, in accordance with County road standards, to the Owyhee Dam Road to ensure access to the recreational opportunities of the Owyhee Reservoir, including improved signage and surfacing. (ii) Deadline for upgrades Any upgrades carried out with funds provided under clause (i) shall be completed not later than 1 year after the date of enactment of this Act, weather permitting. (iii) Compliance with standards If the County receives any funds under this subparagraph, the County shall ensure that, not later than 1 year after the date of enactment of this Act, weather permitting, the Owyhee Dam Road is in compliance with the applicable standards of— (I) the State; (II) the County; and (III) each affected County road district. (B) Authorization of appropriations In addition to amounts made available under subsection (f)(1), there is authorized to be appropriated to the Secretary to carry out subparagraph (A) $6,000,000. (3) Succor creek scenic loop The Secretary shall work with the County on a plan to improve the Succor Creek Scenic Loop, as generally depicted on the Map, to accommodate visitors and residents. (4) Birch creek scenic loop The Secretary shall work with the County on a plan to improve the Birch Creek Scenic Loop, as generally depicted on the Map, to accommodate visitors and residents. (5) Three forks scenic loop The Secretary shall work with the County on a plan to improve the Three Forks Scenic Loop, as generally depicted on the Map— (A) to accommodate visitors and residents; and (B) to provide a connection to the Idaho Scenic Byway. (c) Improvements to state parks and other amenities Not later than 180 days after the date of enactment of this Act— (1) the Commissioner, in coordination with the Owyhee Irrigation District, shall work with Travel Oregon or the Oregon Parks and Recreation Department, as appropriate, to carry out a feasibility study regarding each of— (A) the establishment of not more than 2 marinas on the Owyhee Reservoir; (B) improvements to existing Oregon State Parks bordering the Owyhee Reservoir; (C) the establishment of a network of hostelries in the County using former hotels and bunkhouses that are not currently in use; (D) improvements to private camps on the shore of the Owyhee Reservoir; (E) the establishment of a dude ranch at Birch Creek; and (F) any other economic development proposals for the Owyhee Reservoir or the County; and (2) the Secretary shall work with the County to carry out a feasibility study regarding the rails-to-trails project known as Rails to Trails: The Oregon Eastern Branch/The Oregon and Northwestern Railroad (d) Gateway to the oregon owyhee Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with Travel Oregon, shall complete a feasibility study on how best to market communities or sections of the County as the Gateway to the Oregon Owyhee (e) Jordan valley airstrip improvements To support firefighting efforts (1) In general The Secretary shall work with firefighting entities in the County to determine— (A) the need for the use of the Jordan Valley Airstrip to support firefighting efforts; and (B) the conditions under which the Jordan Valley Airstrip may be used to support firefighting efforts. (2) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Malheur CEO Group a report describing the need and conditions described in subparagraphs (A) and (B) of paragraph (1), including methods by which to meet those conditions. (f) Authorization of appropriations There are authorized to be appropriated for fiscal year 2023— (1) to the Secretary— (A) to carry out subsection (b), $2,000,000; (B) to carry out subsection (c)(2), $2,000,000; (C) to carry out subsection (d), $500,000; and (D) to carry out subsection (e), $500,000; and (2) to the Commissioner to carry out subsection (c)(1), $1,000,000. 7. Land conveyance to Burns Paiute Tribe (a) Conveyance and taking into Trust As soon as practicable after the date of enactment of this Act, the Secretary shall— (1) transfer to the Burns Paiute Tribe all right, title, and interest in and to the land in the State described in subsection (b) for the purpose of protecting and conserving cultural and natural values and to be part of the reservation of the Burns Paiute Tribe; and (2) take the land transferred under paragraph (1) into trust for the benefit of the Burns Paiute Tribe. (b) Description of land The land referred to in subsection (a)(1) is the following, as depicted on the map entitled Malheur Reservation Paiute Indian Tribe Grant, Malheur, and Harney Counties, Oregon (1) Jonesboro Ranch The parcel commonly known as Jonesboro Ranch Saddle Horse Trail Horse Indian Creek Sperry Creek Antelope Swales Horse Camp Dinner Creek Upper Hunter Creek Tim’s Peak (A) T. 20 S., R. 38 E., secs. 25 and 36. (B) T. 20 S., R. 39 E., secs. 25–36. (C) T. 20 S., R. 40 E., secs. 30, 31, and 32. (D) T. 21 S., R. 39 E., secs. 1–18, 20–29, and 32–36. (E) T. 21 S., R. 40 E., secs. 5–8, 17–19, 30, and 31. (F) T. 22 S., R. 39 E., secs. 1–5, 8, and 9. (2) Road Gulch; Black Canyon The approximately 4,137 acres of State land containing the pastures referred to as “Road Gulch” and “Black Canyon” and more particularly described as follows: (A) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13, 21–28, and 36. (B) T 20 S., R. 40 E., secs. 19, 30, 31, and 32. (c) Applicable law Land taken into trust under subsection (a)(2) shall be administered in accordance with the laws (including regulations) generally applicable to property held in trust by the United States for the benefit of an Indian Tribe. (d) Map of trust land As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map depicting the land taken into trust under subsection (a)(2). (e) Land exchange Not later than 3 years after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the State under which the Secretary would exchange Federal land for the portions of the area described in subsection (b)(2) that are owned by the State. (f) Payment in lieu of taxes program Any land taken into trust under subsection (a)(2) shall be eligible for payments under the payment in lieu of taxes program established under chapter 69 (g) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. 8. Effect on Tribal rights and certain existing uses Nothing in this Act, including any designation or nondesignation of land transferred into trust to be held by the United States for the benefit of the Burns Paiute Tribe under section 7— (1) alters, modifies, enlarges, diminishes, or abrogates rights secured by a treaty, statute, Executive order, or other Federal law of any Indian Tribe, including off-reservation reserved rights; or (2) affects— (A) existing rights-of-way; or (B) preexisting grazing uses and existing water rights or mining claims, except as specifically negotiated between any applicable Indian Tribe and the Secretary.

Summary: Malheur Community Empowerment for the Owyhee Act This bill addresses various public land concerns in Malheur County in Oregon, including grazing. The bill also designates wilderness areas and conveys land to the Burns Paiute Tribe in Oregon.