Title: Malheur Community Empowerment for the Owyhee Act
Policy area: Public Lands and Natural Resources

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4860 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4860

  To provide for the establishment of a grazing management program on 
    Federal land in Malheur County, Oregon, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2022

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 provide for the establishment of a grazing management program on 
    Federal land in Malheur County, Oregon, 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 ``Malheur Community Empowerment for 
the Owyhee Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bureau.--The term ``Bureau'' means the Bureau of Land 
        Management.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (3) County.--The term ``County'' means Malheur County, 
        Oregon.
            (4) Federal land.--The term ``Federal land'' means land in 
        the County managed by the Bureau.
            (5) Long-term ecological health.--The term ``long-term 
        ecological health'', with respect to an ecosystem, means the 
        ability of the ecological processes of the ecosystem to 
        function in a manner that maintains the composition, structure, 
        activity, and resilience of the ecosystem over time, including 
        an ecologically appropriate diversity of plant and animal 
        communities, habitats, and conditions that are sustainable 
        through successional processes.
            (6) Loop road.--
                    (A) In general.--The term ``loop road'' means a 
                route managed and maintained by the Bureau or the 
                County, as applicable, for the purpose of providing 
                directed tourism and educational opportunities in the 
                County.
                    (B) Inclusion.--The term ``loop road'' includes 
                each of the roads described in paragraphs (2) through 
                (5) of section 6(b).
            (7) Malheur ceo group.--The term ``Malheur CEO Group'' 
        means the Malheur Community Empowerment for Owyhee Group 
        established under section 4(a).
            (8) Operational flexibility.--The term ``operational 
        flexibility'', with respect to grazing on the Federal land, 
        means any approved seasonal adjustments of livestock 
        positioning for the purposes of that grazing pursuant to a 
        flexible grazing use authorized under the program.
            (9) Program.--The term ``program'' means the Malheur County 
        Grazing Management Program authorized under section 3(a).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) State.--The term ``State'' means the State of Oregon.

SEC. 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'', in accordance with the memorandum 
entitled ``Bureau of Land Management Instruction Memorandum 2018-109'', 
to provide to authorized grazing permittees and lessees increased 
operational flexibility to improve the long-term ecological health of 
the Federal land.
    (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.), the Secretary 
        shall develop and analyze at least 1 alternative to provide 
        operational flexibility in livestock grazing use to account for 
        changing conditions.
            (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.); or
            (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.

SEC. 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.

SEC. 5. LAND DESIGNATIONS.

    (a) Definitions.--In this section:
            (1) Map.--The term ``Map'' means the map entitled 
        ``Proposed Wilderness Malheur County'' and dated November 6, 
        2019.
            (2) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by subsection (b)(1).
    (b) Designation of Wilderness Areas.--
            (1) In general.--In accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following Federal land in the County 
        comprising approximately 1,133,841 acres, as generally depicted 
        on the Map, is designated as wilderness and as components of 
        the National Wilderness Preservation System:
                    (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'' wilderness.--Certain Federal land, 
                comprising approximately 8,946 acres, as generally 
                depicted on the Map, which shall be known as the 
                ``Cairn `C' Wilderness''.
                    (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.), except that--
                            (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)); and
                            (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)); and
                            (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)), any portion 
                of the Federal land designated as a wilderness study 
                area, as depicted on the Map, on the date of enactment 
                of this Act that is not designated as wilderness by 
                subsection (b)(1) has been adequately studied for 
                wilderness designation.
                    (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)); and
                            (ii) shall be managed in accordance with 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1701 et seq.), including any 
                        applicable land use plan adopted under section 
                        202 of that Act (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).

SEC. 6. ECONOMIC DEVELOPMENT.

    (a) Definition of Map.--In this section, the term ``Map'' means the 
map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks 
Scenic Loops'' and dated November 6, 2019.
    (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.

SEC. 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'' and 
dated March 15, 1958:
            (1) Jonesboro ranch.--The parcel commonly known as 
        ``Jonesboro Ranch'', located approximately 6 miles east of 
        Juntura, Oregon, consisting of 21,548 acres of Federal land, 
        6,686 acres of certain private land associated with the 
        Jonesboro Ranch containing the pastures referred to as ``Saddle 
        Horse'' and ``Trail Horse'', ``Indian Creek'', ``Sperry 
        Creek'', ``Antelope Swales'', ``Horse Camp'', ``Dinner Creek'', 
        ``Upper Hunter Creek'', and ``Tim's Peak'', and more 
        particularly described as follows:
                    (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 of title 
31, United States Code.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section.

SEC. 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.
                                 <all>