II Calendar No. 501 118th CONGRESS 2d Session S. 1890 [Report No. 118–222] IN THE SENATE OF THE UNITED STATES June 8, 2023 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 September 10, 2024 Reported by Mr. Manchin , with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic A BILL 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 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, connectivity, 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 C.E.O. Group The term Malheur C.E.O. Group means the group described in section 4(b). (8) Operational flexibility The term operational flexibility , with respect to grazing on the Federal land, means— (A) a seasonal adjustment of livestock positioning for the purposes of that grazing pursuant to a flexible grazing use authorized under the program with respect to which written notice is provided; or (B) an adjustment of water source placement with respect to which written notice is provided. (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. 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 At the request of an authorized grazing permittee or lessee, 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) 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 C.E.O. Group; (D) the Burns Paiute Tribe or the Ft. McDermitt Paiute Shoshone Tribe, as applicable; (E) other landowners in the affected allotment; and (F) interested members of the public. (3) Implementation of interim operational flexibilities If an applicable monitoring plan has been adopted under paragraph (4), in order to improve long-term ecological health, on the request of an authorized grazing permittee or lessee, the Secretary shall, using new and existing data, triggered by changes in weather, forage production, effects of fire or drought, or other temporary conditions, allow a variance to the terms and conditions of the existing applicable grazing permit or lease for the applicable year— (A) to adjust the season of use, the beginning date of the period of use, the ending date of the period of use, or both the beginning date and ending date, as applicable, under the grazing permit or lease, subject to the requirements that— (i) unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section 4120.2(a)(3) of title 43, Code of Federal Regulations (or a successor regulation), the applicable adjusted date of the season of use occurs— (I) not earlier than 14 days before the beginning date specified in the applicable permit or lease; and (II) not later than 14 days after the ending date specified in the applicable permit or lease; and (ii) the authorized grazing permittee or lessee provides written notice of the adjustment to the Bureau not later than 2 business days before or after the date of adjustment; (B) to adjust the dates for pasture rotation based on average vegetation stage and soil condition by not more than 14 days, subject to the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before or after the date of adjustment; (C) to adjust the placement of water structures for livestock or wildlife by not more than 100 yards from an associated existing road, pipeline, or structure, subject to the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before or after the date of the adjustment; and (D) in a case in which the monitoring plan adopted under paragraph (4) indicates alterations in the operational flexibilities are necessary to achieve ecological health or avoid further ecological degradation of the allotment or allotment area, to adjust the operational flexibilities immediately, subject to the requirement that the authorized grazing permittee or lessee shall provide notification of the adjustment to the individuals and entities described in subparagraphs (B) through (F) of paragraph (2). (4) Monitoring plans (A) Monitoring plans for permit flexibility (i) In general The Secretary shall adopt cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under paragraph (1) and to monitor and evaluate the improvements or degradations to 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 (2), using existing or new scientifically supportable data. (ii) Requirements A monitoring plan adopted under clause (i) shall— (I) identify situations in which providing operational flexibility in grazing permit or lease uses under the program is appropriate to improve long-term ecological health of the Federal land; (II) identify ways in which progress under the program would be measured toward long-term ecological health of the Federal land; (III) include for projects monitored under the program— (aa) a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (bb) a description of monitoring methods and protocols; (cc) a schedule for collecting data; (dd) an identification of the responsible party for data collection and storage; (ee) an evaluation schedule; (ff) a description of the anticipated use of the data; (gg) provisions for adjusting any components of the monitoring plan; and (hh) a description of the method to communicate the criteria for adjusting livestock grazing use; and (IV) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report. (B) Monitoring plans for interim operational flexibility (i) In general The Secretary shall adopt cooperative rangeland utilization monitoring plans and rangeland health objectives to apply to actions taken under paragraph (3) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land identified for flexible use under the program. (ii) Requirements A monitoring plan developed under clause (i) shall— (I) evaluate the percent utilization of available forage; (II) identify the appropriate percentage of utilization for the feed type, ecosystem, time of year, and type of animal using the allotment; (III) include— (aa) a description of the utilization standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (bb) a description of utilization evaluation protocol; (cc) an evaluation schedule identifying periods during which utilization data will be collected; (dd) provisions for adjusting any components of the monitoring plan, including acceptance of data from identified third parties; and (ee) a description of the method to communicate the criteria for adjusting livestock grazing use based on the on-the-ground conditions after the period of use; and (IV) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report. (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— (i) incorporate the alternative, including applicable monitoring plans adopted under paragraph (4), into the terms and conditions of the applicable grazing permit or lease; and (ii) specify how the monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program. (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. 4. Malheur Community Empowerment for Owyhee Group (a) Definitions In this section: (1) Consensus The term consensus means a unanimous agreement by the members of the Malheur C.E.O. Group present and constituting a quorum at a regularly scheduled business meeting of the Malheur C.E.O. Group. (2) Federal agency (A) In general The term Federal agency means an agency or department of the Government of the United States. (B) Inclusions The term Federal agency includes— (i) the Bureau of Reclamation; (ii) the Bureau of Indian Affairs; (iii) the Bureau; (iv) the United States Fish and Wildlife Service; and (v) the Natural Resources Conservation Service. (3) Quorum The term quorum means 1 more than 1/2 of the members of the Malheur C.E.O. Group. (b) Establishment The Malheur C.E.O. Group, as established before the date of enactment of this Act, shall assist in carrying out this Act. (c) Membership (1) In general The Malheur C.E.O. Group consists of— (A) 5 voting members who represent private interests, of whom— (i) 3 members represent livestock grazing interests, of whom— (I) 1 member resides in the northern 1/3 of Malheur County; (II) 1 member resides in the center 1/3 of Malheur County; and (III) 1 member resides in the southern 1/3 of Malheur County; (ii) 1 member is in the recreation or tourism industry; and (iii) 1 member is from an applicable irrigation district; (B) 2 voting members who represent the environmental community, 1 of whom is based in the County; (C) 1 voting member who represents the hunting or fishing community; (D) 2 voting members who are representatives of Indian Tribes, of whom— (i) 1 member shall be a representative of the Burns Paiute Tribe; and (ii) 1 member shall be a representative of the Fort McDermitt Paiute Shoshone Tribe; (E) 2 nonvoting members who are representatives of Federal agencies with authority and responsibility in the County and who shall provide technical assistance, 1 of whom shall represent the Bureau; (F) 2 nonvoting members who are representatives of State agencies with authority and responsibility in the County and who shall provide technical assistance, of whom— (i) 1 member shall be from the State Department of Fish and Wildlife; and (ii) 1 member shall be from the State Parks Department; and (G) 4 nonvoting members who are representatives of units of local government within the County and who shall provide technical assistance, 1 of whom shall be from the County weeds eradication department. (2) Appointment; term; vacancy (A) Appointment (i) Governmental agencies A member of the Malheur C.E.O. Group representing a Federal agency or State or local agency shall be appointed by the head of the applicable agency. (ii) Private Interests A member of the Malheur C.E.O. Group representing private interests appointed after the date of enactment of this Act shall be appointed in accordance with the articles of incorporation and bylaws of the Malheur C.E.O. Group. (B) Term (i) Representatives of Federal agencies A member of the Malheur C.E.O. Group who represents a Federal agency shall serve for a term of 3 years. (ii) Other members A member of the Malheur C.E.O. Group not described in clause (i) shall serve for a term of 3 years. (C) Vacancy A vacancy on the Malheur C.E.O. Group shall be filled in the manner described in subparagraph (A). (d) Projects (1) In general The Malheur C.E.O. Group shall propose eligible projects described in paragraph (2) on Federal land and water and non-Federal land and water in the County to be carried out by the Malheur C.E.O. Group or a third party, using funds provided by the Malheur C.E.O. Group, if a consensus of the Malheur C.E.O. Group approves the proposed eligible project. (2) Description of eligible projects An eligible project referred to in paragraph (1) is a project relating to— (A) ecological restoration, including development, planning, and implementation; (B) range improvements for the purpose of providing more efficient and effective ecologically beneficial management of domestic livestock, fish, wildlife, or habitat; (C) invasive species management or eradication, including invasive weeds, vegetation, fish, or wildlife; (D) restoration of springs and related water infrastructure to enhance the availability of sustainable flows of freshwater for livestock, fish, or wildlife; (E) conservation of cultural sites; or (F) economic development or recreation management. (3) Requirement (A) In general In the case of an eligible project proposed under paragraph (1) that is to be carried out on Federal land or requires the use of Federal funds, the project may not be carried out without the approval of the head of the applicable Federal agency. (B) Failure to approve If an eligible project described in subparagraph (A) is not approved by the head of the applicable Federal agency, not later than 14 business after the date on which the proposal is submitted to the head of the applicable Federal agency, the head of the Federal agency shall provide to the Malheur C.E.O. Group in writing a description of the reasons for not approving the proposed eligible project. (4) Failure to approve by consensus If an eligible project proposed under paragraph (1) is not agreed to by consensus after 3 votes are conducted by the Malheur C.E.O. Group, the proposed eligible project may be agreed to by a quorum of the members of the Malheur C.E.O. Group, subject to the limitations that— (A) the eligible project may not be carried out on Federal land; and (B) no Federal funds may be used for an eligible project that is agreed to in accordance with this paragraph. (5) Acceptance of donations The Malheur C.E.O. Group may— (A) accept and place into a trust fund any donations, grants, or other funds received by the Malheur C.E.O. Group; and (B) use amounts placed into a trust fund under paragraph (1) to carry out eligible projects approved in accordance with this section, including eligible projects carried out on Federal land or water or using Federal funds, if the project is approved by the head of the applicable Federal agency. (6) Cost-sharing requirement (A) In general The Federal share of the total cost of an eligible project carried out using amounts made available under subsection (i) shall be not more than 75 percent. (B) Form of non-Federal contribution The non-Federal contribution required under subparagraph (A) may be provided in the form of in-kind contributions. (7) Funding recommendations All funding recommendations developed by the Malheur C.E.O. Group shall be based on a consensus of the Malheur C.E.O. Group members. (e) Technical assistance Any Federal agency with authority and responsibility in the County shall provide technical assistance to the Malheur C.E.O. Group on request of the Malheur C.E.O. Group. (f) Public notice and participation The Malheur C.E.O. Group shall conduct all meetings subject to applicable open meeting and public participation laws. (g) Priorities For purposes of approving eligible projects proposed under paragraph (1), the Malheur C.E.O. Group shall give priority to voluntary habitat, range, and ecosystem restoration projects focused on improving the long-term ecological health of the Federal land and natural bodies of water. (h) Additional projects To the extent permitted by existing authorities and subject to the availability of appropriations, Federal agencies may contribute to the implementation of projects recommended by the Malheur C.E.O. Group and approved by the Secretary. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2024 through 2034. (2) Maintenance and distribution Amounts made available under paragraph (1) shall be maintained and distributed by the Secretary. (3) Administrative expenses Not more than more than 5 percent of amounts made available under paragraph (1) for a fiscal year may be used for the administration of this Act. (4) Grants Of the amounts made available under paragraph (1), not more than 10 percent may be made available for a fiscal year to provide grants to the Malheur C.E.O. Group. (j) Effect (1) Existing activities The activities of the Malheur C.E.O. Group shall supplement, rather than replace, existing activities to manage the natural resources of the County. (2) Legal rights, duties, or authorities Nothing in this section affects any legal right, duty, or authority of any person or Federal agency, including any member of the Malheur C.E.O. Group. 5. Land designations (a) Definitions In this section: (1) Map The term Map means the map entitled Proposed Wilderness Malheur County and dated June 7, 2023. (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 1,097,731 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 . (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) Roads adjacent to wilderness areas Nothing in this Act requires the closure of any adjacent road outside the boundary of a wilderness area. (D) Fish and wildlife management activities (i) In general In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas, if the management activities are— (I) consistent with applicable wilderness management plans; and (II) conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (ii) Inclusions Management activities under clause (i) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks. (E) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), the State may use aircraft (including helicopters) in the wilderness areas to survey capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep and feral stock, feral horses, and feral burros. (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, but not depicted on the Map as a wilderness study area, 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) and is not designated on the Map as land with wilderness characteristics 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 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 of Transportation, in coordination with the Secretary and County, shall work with Travel Oregon to establish the loop roads. (2) Owyhee Dam Road (A) Safety upgrades (i) In general The Secretary of Transportation 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 (g)(1), there is authorized to be appropriated to the Secretary of Transportation to carry out subparagraph (A) $6,000,000. (3) Succor Creek Scenic Loop The Secretary of Transportation shall work with the Secretary and 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 of Transportation shall work with the Secretary and 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 of Transportation shall work with the Secretary and 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; and (E) any other economic development proposals for the Owyhee Reservoir or the County; and (2) the Secretary of Transportation 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 of Transportation, 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 C.E.O. 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) Wildlife recreation, migrations, management, and law enforcement The Secretary shall— (1) study and carry out recreation improvements on the Owyhee River below Owyhee Dam; (2) in coordination with the United States Geological Survey, State wildlife agencies, and the Burns Paiute Tribe, study big game migrations in the Owyhee region; (3) coordinate bighorn sheep management with agencies in the States of Idaho, Oregon, and Nevada (including authorized agents of those agencies); and (4) provide for increased law enforcement in the Owyhee region. (g) Authorization of appropriations There are authorized to be appropriated for fiscal year 2024— (1) to the Secretary of Transportation— (A) to carry out subsection (b), $2,000,000; (B) to carry out subsection (c)(2), $2,000,000; and (C) to carry out subsection (d), $500,000; (2) to the Commissioner to carry out subsection (c)(1), $1,000,000; and (3) to the Secretary— (A) to carry out subsection (e), $500,000; and (B) to carry out subsection (f), $1,000,000. 7. Land conveyances to Burns Paiute Tribe and Castle Rock Co-stewardship Area (a) Jonesboro ranch, road gulch, and black canyon land conveyances (1) Conveyance and taking into trust (A) Title As soon as practicable after the date of enactment of this Act, the Secretary shall accept title to the land described in paragraph (2), if conveyed or otherwise transferred to the United States by, or on behalf of, the Burns Paiute Tribe. (B) Trust Land to which title is accepted by the Secretary under subparagraph (A) shall— (i) be held in trust by the United States for the benefit of the Burns Paiute Tribe; and (ii) be part of the reservation of the Burns Paiute Tribe. (2) Description of land The land referred to in paragraph (1)(A) 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: (A) 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 owned by the Burns Paiute Tribe and 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: (i) T. 20 S., R. 38 E., secs. 25 and 36, Willamette Meridian. (ii) T. 20 S., R. 39 E., secs. 25–36, Willamette Meridian. (iii) T. 20 S., R. 40 E., secs. 30, 31, and 32, Willamette Meridian. (iv) T. 21 S., R. 39 E., secs. 1–18, 20–29, and 32–36, Willamette Meridian. (v) T. 21 S., R. 40 E., secs. 5–8, 17–19, 30, and 31, Willamette Meridian. (vi) T. 22 S., R. 39 E., secs. 1–5, 8, and 9, Willamette Meridian. (B) 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: (i) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13, 21–28, and 36, Willamette Meridian. (ii) T 20 S., R. 40 E., secs. 19, 30, 31, and 32, Willamette Meridian. (3) Applicable law Land taken into trust under paragraph (1)(B) 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. (4) 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 paragraph (1)(B). (5) 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 paragraph (2)(B) that are owned by the State. (6) Payment in lieu of taxes program Any land taken into trust under paragraph (1)(B) shall be eligible for payments under the payment in lieu of taxes program established under chapter 69 of title 31, United States Code. (7) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. (b) Castle rock land To be held in trust and co-stewardship area (1) Land to be held in trust All right, title, and interest of the United States in and to the approximately 2,500 acres of land in the Castle Rock Wilderness Study Area, as depicted on the map entitled Proposed Wilderness Malheur County and dated June 7, 2023, shall— (A) be held in trust by the United States for the benefit of the Burns Paiute Tribe; and (B) be part of the reservation of the Burns Paiute Tribe. (2) Castle rock co-stewardship area (A) Memorandum of understanding (i) In general As soon as practicable after the date of enactment of this Act, the Secretary shall seek to enter into a memorandum of understanding with the Burns Paiute Tribe to provide for the co-stewardship of the area depicted as Castle Rock Co-Stewardship Area on the map entitled Proposed Wilderness Malheur County and dated June 7, 2023, to be known as the Castle Rock Co-Stewardship Area . (ii) Requirement The memorandum of understanding entered into under clause (i) shall ensure that the Castle Rock Co-Stewardship Area is managed in a manner that— (I) ensures that Tribal interests are adequately considered; (II) provides for maximum protection of cultural and archaeological resources; and (III) provides for the protection of natural resources with cultural significance. (B) Management agreements In accordance with applicable law (including regulations), the Secretary may enter into 1 or more management agreements with the Burns Paiute Tribe to authorize the Burns Paiute Tribe to carry out management activities in the Castle Rock Co-Stewardship Area in accordance with the memorandum of understanding entered into under subparagraph (A)(i). (C) Grazing The grazing of livestock in the Castle Rock Co-Stewardship Area, if established before the date of enactment of this Act, shall be permitted to continue in accordance with applicable law (including regulations). (D) Water rights Nothing in this paragraph— (i) affects any valid and existing water rights; or (ii) provides the Burns Paiute Tribe with any new water right or claim. (3) Withdrawal Subject to valid existing rights, the land taken into trust under paragraph (1) and the land comprising the Castle Rock Co-Stewardship Area are withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and mineral materials laws. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for fiscal year 2024. (d) Effect on tribal rights and certain existing uses Nothing in this section, 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 this section— (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.

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 means the Bureau of Land Management. (2) County The term County means Malheur County, Oregon. (3) Federal land The term Federal land means land in the County managed by the Bureau. (4) 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, connectivity, and conditions that are sustainable through successional processes. (5) Malheur C.E.O. Group The term Malheur C.E.O. Group means the group established by section 4(b). (6) Operational flexibility The term operational flexibility , with respect to grazing on the Federal land, means— (A) a seasonal adjustment of livestock positioning for the purposes of that grazing pursuant to a flexible grazing use authorized under the program with respect to which written notice is provided; or (B) an adjustment of water source placement with respect to which written notice is provided. (7) Program The term program means the Malheur County Grazing Management Program authorized under section 3(a). (8) Secretary The term Secretary means the Secretary of the Interior. (9) State The term State means the State of Oregon. 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 applicable law (including regulations) and the memorandum entitled Bureau of Land Management Instruction Memorandum 2018–109 (as in effect on September 30, 2021), 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 At the request of an authorized grazing permittee or lessee, 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) 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 C.E.O. Group; (D) the Burns Paiute Tribe or the Fort McDermitt Paiute and Shoshone Tribes, as applicable; (E) other landowners in the affected allotment; and (F) interested members of the public. (3) Implementation of interim operational flexibilities If an applicable monitoring plan has been adopted under paragraph (4), in order to improve long-term ecological health, on the request of an authorized grazing permittee or lessee, the Secretary shall, using new and existing data, allow a variance to the terms and conditions of the existing applicable grazing permit or lease for the applicable year due to significant changes in weather, forage production, effects of fire or drought, or other temporary conditions— (A) to adjust the season of use, the beginning date of the period of use, the ending date of the period of use, or both the beginning date and ending date, as applicable, under the grazing permit or lease, subject to the requirements that— (i) unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section 4120.2(a)(3) of title 43, Code of Federal Regulations (or a successor regulation), the applicable adjusted date of the season of use occurs— (I) not earlier than 14 days before the beginning date specified in the applicable permit or lease; and (II) not later than 14 days after the ending date specified in the applicable permit or lease; and (ii) the authorized grazing permittee or lessee provides written notice of the adjustment to the Bureau not later than 2 business days before the date of adjustment; (B) to adjust the dates for pasture rotation based on average vegetation stage and soil condition by not more than 14 days, subject to the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before the date of adjustment; (C) to adjust the placement of water structures for livestock or wildlife by not more than 100 yards from an associated existing road, pipeline, or structure, subject to applicable laws and the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before the date of adjustment; and (D) in a case in which the monitoring plan adopted under paragraph (4) indicates alterations in the operational flexibilities are necessary to achieve ecological health or avoid immediate ecological degradation of the allotment or allotment area, to adjust the operational flexibilities immediately, subject to the requirement that the authorized grazing permittee or lessee shall provide written notice of the adjustment to the Bureau and the individuals and entities described in subparagraphs (B) through (F) of paragraph (2). (4) Monitoring plans (A) Monitoring plans for permit flexibility (i) In general The Secretary shall adopt cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under paragraph (1) and to monitor and evaluate the improvements or degradations to 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 (2), using existing or new scientifically supportable data. (ii) Requirements A monitoring plan adopted under clause (i) shall— (I) identify situations in which providing operational flexibility in grazing permit or lease uses under the program is appropriate to improve long-term ecological health of the Federal land; (II) identify ways in which progress under the program would be measured toward long-term ecological health of the Federal land; (III) include for projects monitored under the program— (aa) a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (bb) a description of monitoring methods and protocols; (cc) a schedule for collecting data; (dd) an identification of the responsible party for data collection and storage; (ee) an evaluation schedule; (ff) a description of the anticipated use of the data; (gg) provisions for adjusting any components of the monitoring plan; and (hh) a description of the method to communicate the criteria for adjusting livestock grazing use; and (IV) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report. (B) Monitoring plans for interim operational flexibility (i) In general The Secretary shall adopt cooperative rangeland utilization monitoring plans and rangeland health objectives to apply to actions taken under paragraph (3) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land identified for flexible use under the program. (ii) Requirements A monitoring plan developed under clause (i) shall— (I) evaluate the percent utilization of available forage; (II) identify the appropriate percentage of utilization for the feed type, ecosystem, time of year, and type of animal using the allotment; (III) include— (aa) a description of the utilization standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (bb) a description of utilization evaluation protocol; (cc) an evaluation schedule identifying periods during which utilization data will be collected; (dd) provisions for adjusting any components of the monitoring plan, including acceptance of data from identified third parties; and (ee) a description of the method to communicate the criteria for adjusting livestock grazing use based on the on-the-ground conditions after the period of use; and (IV) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report. (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— (i) incorporate the alternative, including applicable monitoring plans adopted under paragraph (4), into the terms and conditions of the applicable grazing permit or lease; and (ii) specify how the monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program. (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 privileges Nothing in this Act— (1) affects grazing privileges provided under the Act of 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; or (3) precludes the Secretary from modifying or terminating an existing permit or lease in accordance with applicable law (including regulations). 4. Malheur C.E.O. Group (a) Definitions In this section: (1) Consensus The term consensus means a unanimous agreement by the voting members of the Malheur C.E.O. Group present and constituting a quorum at a regularly scheduled business meeting of the Malheur C.E.O. Group. (2) Federal agency (A) In general The term Federal agency means an agency or department of the Government of the United States. (B) Inclusions The term Federal agency includes— (i) the Bureau of Reclamation; (ii) the Bureau of Indian Affairs; (iii) the Bureau; (iv) the United States Fish and Wildlife Service; and (v) the Natural Resources Conservation Service. (3) Quorum The term quorum means 1 more than 1/2 of the voting members of the Malheur C.E.O. Group. (b) Establishment There is established the Malheur C.E.O. Group to assist in carrying out this section. (c) Membership (1) In general The Malheur C.E.O. Group shall consist of 18 members, to be appointed in accordance with paragraph (2), including— (A) 5 voting members who represent private interests, of whom— (i) 3 members represent livestock grazing interests, of whom— (I) 1 member resides in the northern 1/3 of the County; (II) 1 member resides in the center 1/3 of the County; and (III) 1 member resides in the southern 1/3 of the County; (ii) 1 member is in the recreation or tourism industry; and (iii) 1 member is from an applicable irrigation district; (B) 2 voting members who represent the environmental community, 1 of whom is based in the County; (C) 1 voting member who represents the hunting or fishing community; (D) 2 voting members who are representatives of Indian Tribes, of whom— (i) 1 member shall be a representative of the Burns Paiute Tribe; and (ii) 1 member shall be a representative of the Fort McDermitt Paiute and Shoshone Tribes; (E) 2 nonvoting members who are representatives of Federal agencies with authority and responsibility in the County and who shall provide technical assistance, 1 of whom shall represent the Bureau; (F) 2 nonvoting members who are representatives of State agencies with authority and responsibility in the County and who shall provide technical assistance, of whom— (i) 1 member shall be from the State Department of Fish and Wildlife; and (ii) 1 member shall be from the State Parks Department; and (G) 4 nonvoting members who are representatives of units of local government within the County and who shall provide technical assistance, 1 of whom shall be from the County weeds eradication department. (2) Appointment; term; vacancy (A) Appointment (i) Governmental agencies A member of the Malheur C.E.O. Group representing a Federal agency or State or local agency shall be appointed by the head of the applicable agency. (ii) Private Interests A member of the Malheur C.E.O. Group representing private interests shall be appointed by the applicable represented groups. (B) Term A member of the Malheur C.E.O. Group shall serve for a term of 3 years. (C) Vacancy A vacancy on the Malheur C.E.O. Group shall be filled in the manner described in subparagraph (A). (d) Projects (1) In general The Malheur C.E.O. Group shall propose eligible projects described in paragraph (2) on Federal land and water and non-Federal land and water in the County to be carried out by the Malheur C.E.O. Group or a third party, using funds provided by the Malheur C.E.O. Group, if a consensus of the Malheur C.E.O. Group approves the proposed eligible project. (2) Description of eligible projects An eligible project referred to in paragraph (1) is a project— (A) that complies with existing law (including regulations); and (B) relating to— (i) ecological restoration, including development, planning, and implementation; (ii) range improvements for the purpose of providing more efficient and effective ecologically beneficial management of domestic livestock, fish, wildlife, or habitat; (iii) invasive species management or eradication, including invasive weeds, vegetation, fish, or wildlife; (iv) restoration of springs and related water infrastructure to enhance the availability of sustainable flows of freshwater for livestock, fish, or wildlife; (v) conservation of cultural sites; (vi) economic development or recreation management; or (vii) research, monitoring, or analysis. (3) Requirement (A) In general In the case of an eligible project proposed under paragraph (1) that is to be carried out on Federal land or requires the use of Federal funds, the project may not be carried out without the approval of the head of the applicable Federal agency. (B) Failure to approve If an eligible project described in subparagraph (A) is not approved by the head of the applicable Federal agency, not later than 14 business after the date on which the proposal is submitted to the head of the applicable Federal agency, the head of the Federal agency shall provide to the Malheur C.E.O. Group in writing a description of the reasons for not approving the proposed eligible project. (4) Failure to approve by consensus If an eligible project proposed under paragraph (1) is not agreed to by consensus after 3 votes are conducted by the Malheur C.E.O. Group, the proposed eligible project may be agreed to by a quorum of the members of the Malheur C.E.O. Group, subject to the limitations that— (A) the eligible project may not be carried out on Federal land; and (B) no Federal funds may be used for an eligible project that is agreed to in accordance with this paragraph. (5) Acceptance of donations The Malheur C.E.O. Group may— (A) accept and place into a trust fund any donations, grants, or other funds received by the Malheur C.E.O. Group; and (B) use amounts placed into a trust fund under paragraph (1) to carry out eligible projects approved in accordance with this section, including eligible projects carried out on Federal land or water or using Federal funds, if the project is approved by the head of the applicable Federal agency. (6) Cost-sharing requirement (A) In general The Federal share of the total cost of an eligible project carried out using amounts made available under subsection (i) shall be not more than 75 percent. (B) Form of non-Federal contribution The non-Federal contribution required under subparagraph (A) may be provided in the form of in-kind contributions. (7) Funding recommendations All funding recommendations developed by the Malheur C.E.O. Group shall be based on a consensus of the Malheur C.E.O. Group members. (e) Technical assistance Any Federal agency with authority and responsibility in the County shall, to the extent practicable, provide technical assistance to the Malheur C.E.O. Group on request of the Malheur C.E.O. Group. (f) Public notice and participation The Malheur C.E.O. Group shall conduct all meetings subject to applicable open meeting and public participation laws. (g) Priorities For purposes of approving eligible projects proposed under subsection (d)(1), the Malheur C.E.O. Group shall give priority to voluntary habitat, range, and ecosystem restoration projects focused on improving the long-term ecological health of the Federal land and natural bodies of water. (h) Additional projects To the extent permitted by applicable law and subject to the availability of appropriations, Federal agencies may contribute to the implementation of projects recommended by the Malheur C.E.O. Group and approved by the Secretary. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2024 through 2034. (2) Maintenance and distribution Amounts made available under paragraph (1) shall be maintained and distributed by the Secretary. (3) Administrative expenses Not more than more than 5 percent of amounts made available under paragraph (1) for a fiscal year may be used for the administration of this Act. (4) Grants Of the amounts made available under paragraph (1), not more than 10 percent may be made available for a fiscal year to provide grants to the Malheur C.E.O. Group. (j) Effect (1) Existing activities The activities of the Malheur C.E.O. Group shall supplement, and not replace, existing activities to manage the natural resources of the County. (2) Legal rights, duties, or authorities Nothing in this section affects any legal right, duty, or authority of any person or Federal agency, including any member of the Malheur C.E.O. Group. 5. Land designations (a) Definition of wilderness area In this section, 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 1,102,393 acres, as generally depicted on the referenced maps, is designated as wilderness and as components of the National Wilderness Preservation System: (A) Fifteenmile Creek Wilderness Certain Federal land, comprising approximately 61,647 acres, as generally depicted on the map entitled Proposed Wilderness Trout Creek–Oregon Canyon Group and dated December 12, 2023, which shall be known as the Fifteenmile Creek Wilderness . (B) Oregon Canyon Mountains Wilderness Certain Federal land, comprising approximately 53,559 acres, as generally depicted on the map entitled Proposed Wilderness Trout Creek–Oregon Canyon Group and dated December 12, 2023, which shall be known as the Oregon Canyon Mountains Wilderness . (C) Twelvemile Creek Wilderness Certain Federal land, comprising approximately 38,099 acres, as generally depicted on the map entitled Proposed Wilderness Trout Creek–Oregon Canyon Group and dated December 12, 2023, which shall be known as the Twelvemile Creek Wilderness . (D) Upper West Little Owyhee Wilderness Certain Federal land, comprising approximately 93,199 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Upper West Little Owyhee Wilderness . (E) Lookout Butte Wilderness Certain Federal land, comprising approximately 66,242 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Lookout Butte Wilderness . (F) Mary Gautreaux Owyhee River Canyon Wilderness Certain Federal land, comprising approximately 211,679 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Mary Gautreaux Owyhee River Canyon Wilderness . (G) Black butte wilderness Certain Federal land, comprising approximately 12,058 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Black Butte Wilderness . (H) Twin Butte Wilderness Certain Federal land, comprising approximately 18,150 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Twin Butte Wilderness . (I) Oregon Butte Wilderness Certain Federal land, comprising approximately 31,934 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Oregon Butte Wilderness . (J) Mahogany Butte Wilderness Certain Federal land, comprising approximately 8,953 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Mahogany Butte Wilderness . (K) Deer Flat Wilderness Certain Federal land, comprising approximately 12,250 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Deer Flat Wilderness . (L) Sacramento Hill Wilderness Certain Federal, comprising approximately 9,574 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Sacramento Hill Wilderness . (M) Deadman Butte Wilderness Certain Federal land, comprising approximately 7,152 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Deadman Butte Wilderness . (N) Big Grassey Wilderness Certain Federal land, comprising approximately 44,238 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Big Grassey Wilderness . (O) North Fork Owyhee Wilderness Certain Federal land, comprising approximately 5,276 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the North Fork Owyhee Wilderness . (P) Mary Gautreaux Lower Owyhee Canyon Wilderness Certain Federal land, comprising approximately 77,121 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Mary Gautreaux Lower Owyhee Canyon Wilderness . (Q) Jordan Craters Wilderness Certain Federal land, comprising approximately 29,255 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Jordan Craters Wilderness . (R) Owyhee Breaks Wilderness Certain Federal land, comprising approximately 31,637 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Owyhee Breaks Wilderness . (S) Dry Creek Wilderness Certain Federal land, comprising approximately 33,209 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Dry Creek Wilderness . (T) Dry Creek Buttes Wilderness Certain Federal land, comprising approximately 88,289 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Dry Creek Buttes Wilderness . (U) Upper Leslie Gulch Wilderness Certain Federal land, comprising approximately 2,997 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Upper Leslie Gulch Wilderness . (V) Slocum Creek Wilderness Certain Federal land, comprising approximately 7,534 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Slocum Creek Wilderness . (W) Honeycombs Wilderness Certain Federal land, comprising approximately 41,122 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Honeycombs Wilderness . (X) Wild Horse Basin Wilderness Certain Federal land, comprising approximately 18,402 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Wild Horse Basin Wilderness . (Y) Quartz Mountain Wilderness Certain Federal land, comprising approximately 32,943 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Quartz Mountain Wilderness . (Z) The Tongue Wilderness Certain Federal land, comprising approximately 5,909 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as The Tongue Wilderness . (AA) Three Fingers Rock North Wilderness Certain Federal land, comprising approximately 12,462 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Three Fingers Rock North Wilderness . (BB) Burnt Mountain Wilderness Certain Federal land, comprising approximately 8,115 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Burnt Mountain Wilderness . (CC) Camp Creek Wilderness Certain Federal land, comprising approximately 72,597 acres, as generally depicted on the map entitled Proposed Wilderness Camp Creek Group and dated December 12, 2023, which shall be known as the Camp 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 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, 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) Roads adjacent to wilderness areas Nothing in this Act requires the closure of any adjacent road outside the boundary of a wilderness area. (D) Fish and wildlife management activities (i) In general In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas, if the management activities are— (I) consistent with applicable wilderness management plans; and (II) conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (ii) Inclusions Management activities under clause (i) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks. (E) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), the State may use aircraft (including helicopters) in the wilderness areas to survey capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep and feral stock, feral horses, and feral burros. (c) Management of land not designated as wilderness (1) Release of wilderness study areas (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) ), the Clarks Butte Wilderness Study Area, Saddle Butte Wilderness Study Area, and Bowden Hills Wilderness Study Area have 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) and is not designated on the Map as land with wilderness characteristics 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. Land conveyances to Burns Paiute Tribe and Castle Rock Co-stewardship Area (a) Jonesboro ranch, road gulch, and black canyon land conveyances (1) Conveyance and taking into trust (A) Title As soon as practicable after the date of enactment of this Act, the Secretary shall accept title to the land described in paragraph (2), if conveyed or otherwise transferred to the United States by, or on behalf of, the Burns Paiute Tribe. (B) Trust Land to which title is accepted by the Secretary under subparagraph (A) shall— (i) be held in trust by the United States for the benefit of the Burns Paiute Tribe; and (ii) be part of the reservation of the Burns Paiute Tribe. (2) Description of land The land referred to in paragraph (1)(A) is the following: (A) 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 owned by the Burns Paiute Tribe and 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 , generally depicted as Jonesboro Parcels (Transfer) on the map entitled Proposed Wilderness Camp Creek Group and dated December 12, 2023, and more particularly described as follows: (i) T. 20 S., R. 38 E., secs. 25 and 36, Willamette Meridian. (ii) T. 20 S., R. 39 E., secs. 25–36, Willamette Meridian. (iii) T. 20 S., R. 40 E., secs. 30, 31, and 32, Willamette Meridian. (iv) T. 21 S., R. 39 E., secs. 1–18, 20–29, and 32–36, Willamette Meridian. (v) T. 21 S., R. 40 E., secs. 5–8, 17–19, 30, and 31, Willamette Meridian. (vi) T. 22 S., R. 39 E., secs. 1–5, 8, and 9, Willamette Meridian. (B) 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: (i) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13, 21–28, and 36, Willamette Meridian. (ii) T 20 S., R. 40 E., secs. 19, 30, 31, and 32, Willamette Meridian. (3) Applicable law Land taken into trust under paragraph (1)(B) 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. (4) 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 paragraph (1)(B). (5) 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 paragraph (2)(B) that are owned by the State. (b) Castle rock land To be held in trust and co-stewardship area (1) Land to be held in trust All right, title, and interest of the United States in and to the approximately 2,500 acres of land in the Castle Rock Wilderness Study Area, as depicted as Lands to be Taken into Trust on the map entitled Land into Trust and Co-Stewardship Castle Rock Group and dated December 12, 2023, shall— (A) be held in trust by the United States for the benefit of the Burns Paiute Tribe; and (B) be part of the reservation of the Burns Paiute Tribe. (2) Castle rock co-stewardship area (A) Memorandum of understanding (i) In general As soon as practicable after the date of enactment of this Act, the Secretary shall seek to enter into a memorandum of understanding with the Burns Paiute Tribe to provide for the co-stewardship of the area depicted as Tribal Co-Stewardship Area on the map entitled Land into Trust and Co-Stewardship Castle Rock Group and dated December 12, 2023, to be known as the Castle Rock Co-Stewardship Area . (ii) Requirement The memorandum of understanding entered into under clause (i) shall ensure that the Castle Rock Co-Stewardship Area is managed in a manner that— (I) ensures that Tribal interests are adequately considered; (II) provides for maximum protection of cultural and archaeological resources; and (III) provides for the protection of natural resources with cultural significance. (B) Management agreements In accordance with applicable law (including regulations), the Secretary may enter into 1 or more management agreements with the Burns Paiute Tribe to authorize the Burns Paiute Tribe to carry out management activities in the Castle Rock Co-Stewardship Area in accordance with the memorandum of understanding entered into under subparagraph (A)(i). (C) Grazing The grazing of livestock in the Castle Rock Co-Stewardship Area, if established before the date of enactment of this Act, shall be permitted to continue in accordance with applicable law (including regulations). (D) Water rights Nothing in this paragraph— (i) affects any valid and existing water rights; or (ii) provides the Burns Paiute Tribe with any new water right or claim. (3) Withdrawal Subject to valid existing rights, the land taken into trust under paragraph (1) and the land comprising the Castle Rock Co-Stewardship Area are withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and mineral materials laws. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for fiscal year 2025. (d) Effect on tribal rights and certain existing uses Nothing in this section, 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 this section— (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.

Amend the title so as to read: A bill to provide for the establishment of a land health management program on Federal land in Malheur County, Oregon, and for other purposes. .

September 10, 2024 Reported with an amendment and an amendment to the title