I 118th CONGRESS 2d Session H. R. 10082 IN THE HOUSE OF REPRESENTATIVES November 1, 2024 Mr. Bentz (for himself and Mr. Fulcher ) introduced the following bill; which was referred to the Committee on 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.

1. Short title This Act may be cited as the Oregon Owyhee Wilderness and Community Protection 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) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of Oregon. (6) State lands The term State lands means any lands owned by the State of Oregon. (7) Malheur C.E.O. group The term Malheur C.E.O. Group means the group established by section 4(b). (8) Private lands The term Private lands means any land that is privately owned, and not owned by any local, State, or Federal Government or agency. (9) 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. (10) Program The term program means the Malheur County Grazing Management Program authorized under section 3(a). 3. Malheur County Grazing Management Program (a) In general The Secretary shall 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), for the purpose of providing to authorized grazing permittees and lessees, and for providing interim operational flexibilities as set forth herein. (b) Permit operational flexibility (1) Flexible grazing use alternative for a grazing permit or lease Solely at the request of an authorized grazing permittee or lessee, for purposes of renewing a grazing permittee or lessee’s 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 operational flexibilities If an applicable monitoring plan has been adopted under paragraph (3), to meet or make significant progress in meeting applicable Rangeland Health Standards and applicable livestock management objectives in the applicable land use plan, on the request of an authorized grazing permittee or lessee, the Secretary, using new and existing data, shall allow a variance to the terms and conditions of the existing applicable grazing permit or lease for the applicable year due to 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 be 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 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; and (C) to adjust the placement of existing water structures for livestock or wildlife, subject to applicable water right laws, that any adjustment should not be placed within 100 yards from any associated roads 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. (3) Monitoring plans for permit flexibility (A) In general The Secretary shall adopt cooperative rangeland monitoring plans to apply to actions taken under paragraph (2) and to monitor and evaluate current permitted livestock use upon the pasture(s) or allotment(s) to be monitored as related to whether such livestock use is the significant factor or not in meeting or making significant progress in meeting applicable Rangeland Health Standards and applicable livestock management objectives in the applicable land use plan. (B) Requirements A monitoring plan developed under subparagraph (A) shall be based upon existing ecological conditions with reliance upon the ecological site descriptions, including the State and transitions models, as defined by the Chief of the Natural Resources Conservation Service, of the area to be monitored, and shall— (i) evaluate the percent utilization of available forage, the existing ecological condition, and the trend of ecological condition of the area to be monitored; (ii) include— (I) a description of the utilization standards for which the monitoring is tracking, including baseline ecological conditions and desired outcome ecological conditions; (II) a description of utilization evaluation protocol; (III) an evaluation schedule identifying periods during which utilization data will be collected; (IV) provisions for adjusting any components of the monitoring plan, including acceptance of data from identified third parties; and (V) a description of the method to communicate the criteria for adjusting livestock grazing use based on the on-the-ground ecological conditions after the period of use; and (iii) 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. (4) 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 (3), 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) 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) 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 ½ 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 8 voting members, to be appointed by the Secretary, based on recommendations from the Vale District Bureau manager and the County commissioners, of whom— (A) 3 shall be representatives of grazing permittees and lessees in the County; (B) 3 shall be representatives of other businesses or conservation organizations in the County, of whom at least 2 shall reside in the County; and (C) 1 shall be a representative of the Burns Paiute Tribe and 1 shall be a representative of the Fort McDermott Tribe. (2) Appointment (A) Initial appointments Not later than 180 days after the date of enactment of this Act, all will be selected by the county court through submitted application by any interest parties. (B) Terms Each member of the Malheur C.E.O. Group shall serve for a term of 3 years. (C) Reappointment A member of the Malheur C.E.O. Group may be reappointed for 1 or more additional 3-year terms. (D) Vacancies A vacancy on the Malheur C.E.O. Group shall be filled— (i) as soon as practicable after the vacancy occurs; and (ii) in the same manner as the original appointment. (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 days 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) 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. Wilderness designations and other land designations and related management to designations (a) Definitions In this section: (1) Map The term Map means each of: (A) Wilderness Area Maps exhibits 1 through 17. (B) Existing Road Maps-Roads Exhibits 1 through 6. (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 926,588 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 61,647 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 53,559 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 38,099 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 93,199 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 66,242 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 211,679 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Owyhee River Canyon Wilderness . (G) Jordan Craters Wilderness Certain Federal land, comprising approximately 29,255 acres, as generally depicted on the Map, which shall be known as the Jordan Craters Wilderness . (H) Owyhee Breaks Wilderness Certain Federal land, comprising approximately 31,637 acres, as generally depicted on the Map, which shall be known as the Owyhee Breaks Wilderness . (I) 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 . (J) Dry Creek Buttes Wilderness Certain Federal land, comprising approximately 88,289 acres, as generally depicted on the Map, which shall be known as the Dry Creek Buttes Wilderness . (K) Upper Leslie Gulch Wilderness Certain Federal land, comprising approximately 2,997 acres, as generally depicted on the Map, which shall be known as the Upper Leslie Gulch Wilderness . (L) Slocum Creek Wilderness Certain Federal land, comprising approximately 7,534 acres, as generally depicted on the Map, which shall be known as the Slocum Creek Wilderness . (M) Honeycombs Wilderness Certain Federal land, comprising approximately 41,122 acres, as generally depicted on the Map, which shall be known as the Honeycombs Wilderness . (N) Cottonwood Creek Wilderness Certain Federal land, comprising approximately 72,597 acres, as generally depicted on the Map, which shall be known as the Cottonwood Creek Wilderness . (O) Lower Owyhee Canyon Wilderness Certain Federal land, comprising approximately 77,121 acres, as generally depicted on the Map, which shall be known as the Lower Owyhee Canyon Wilderness . (P) Wild Horse Basin Wilderness Certain Federal land, comprising approximately 18,402 acres, as generally depicted on the Map, which shall be known as the Wild Horse Basin 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 and policies 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 dated February 21, 1990). The number of livestock permitted as used in guideline and policy number 1 shall mean the Permitted use animal unit months prescribed in the existing Grazing Permits upon enactment of this Act, in addition to any Nonrenewal Grazing Permits issued by the Bureau within a 10-year period before enactment of this Act. Said Appendix A shall control over of clause (i). (C) Roads adjacent to and within wilderness areas The Secretary shall allow the continuation of motorized use of road access upon the cherry stem roads shown in Exhibits 1 to 6 on the Road Map noted in section 5(a)(1)(A) and shall allow the continuation of motorized use of road access in any wilderness designated in subsection (b)(1) to that access allowed in accordance with section 4(c) of the Wilderness Act ( 16 U.S.C. 1133(c) ). (i) Nothing in this Act requires any restriction, inclusive of closure or seasonal closure, of any road outside but adjacent to the boundary of any wilderness designed in subsection (b)(1). (ii) The Secretary shall provide reasonable access to any private lands, State lands, or tribal lands within the boundaries of any wilderness designated in subsection (b)(1), or to any Private lands, State lands, or Tribal lands near or adjacent to any wilderness area that require reasonable road access across any wilderness area if road access is not otherwise provided under subsection (a)(1)(A). For purposes of this clause, the term reasonable access includes any road existing on the date of enactment of this Act. Any road within or across any wilderness designated in subsection (b)(1) shall be not less than 30-feet on each side of the centerline of the road. (iii) This Act shall not preclude use on any wilderness in subsection (b)(1) of mechanical equipment including chainsaws, backhoe excavators, caterpillar tractors, or the like for the purpose of wildfire suppression, invasive species control, activities necessary for management of livestock present on the land under grazing permits (including but not limited to distribution of salt, maintenance on the roads, replacement or repair of water facilities and fencing, doctoring cattle, dispersing of livestock, or gathering, or removal of livestock). (iv) Motorized use of those roads identified in subsection (a)(1)(A) shall include use by the following: (I) members of the Burns-Paiute Tribe (for cultural purposes only); (II) the Bureau for fire suppression, invasive weed control, and range management activities; (III) grazing permittees and their agents and invitees for road maintenance, distribution of salt, replacement and repair of water facilities, replacement and repair of fencing, predator control, and invasive weed control (as allowed by the Bureau), fire suppression, and livestock management; (IV) private land owners and their agents, contractors, employees, and invitees as related to access to their private land, as provided for in clause (ii); and (V) the county and the State and their agents, contractors and employees as related to access to State lands and to access to any county public roads, as provided for in as provided for in clause (ii). (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 the General Policy inclusive of the Guidelines therein 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 dated February 21, 1990). (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 dated February 21, 1990), 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 Federal land not designated as wilderness (1) Finding Congress finds that, for purposes of section 201(a) and section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711(a) ; 1782(c)), the Federal land designated in this Act as wilderness and all other Federal land in the County has been adequately inventoried and studied to allow for wilderness purposes. (2) Redesignation All Federal land managed by the Bureau in the County not included in the land designated herein as wilderness and all other Federal land described in paragraph (1)— (A) is released and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ) for wilderness study area purposes; (B) is no longer subject to section 201(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711(a) ) for wilderness purposes; and (C) shall be managed for values unrelated to wilderness purposes and shall be managed for the principal or major uses (as defined in section 103(l) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(l) )), in accordance with any applicable land use plan adopted under section 202 of that Act ( 43 U.S.C. 1712 ). (d) The amended notice Three years after the date of enactment of this Act, and to conform to give effect to this Act, the Secretary shall initiate a process to amend the notice entitled Notice of Availability of the Record of Decision and Approved Resource Management Plan Amendment for the Southeastern Oregon Resource Management Plan, Vale District, Oregon published by the Bureau of Land Management in the Federal Register on February 2, 2024 (89 Fed. Reg. 14090) and amended on February 26, 2024. This amendment shall include the associated Wilderness Plan for the designated wilderness established in this Act and shall include a Travel Management Plan. The Secretary shall complete the land use plan amended process within 24 months after initiation of the process to amend in accordance with section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ). (e) Limitation on certain restrictions by the Bureau relating to Federal lands under the Southeastern Oregon Resource Management Plan not designated as wilderness in this Act (1) Road Maps Not later than 60 days after the date of the enactment of this Act, the Secretary shall publish a map depicting all existing roads on lands marked as Unit Protected for Wilderness Characteristics and Unit Managed for Other Resources in the notice entitled Notice of Availability of the Record of Decision and Approved Resource Management Plan Amendment for the Southeastern Oregon Resource Management Plan, Vale District, Oregon published by the Bureau of Land Management in the Federal Register on February 2, 2024 (89 Fed. Reg. 14090) and amended on February 26, 2024. (2) Access The Secretary shall not restrict the use of motorized vehicles on the roads described in paragraph (1) or on lands designated as Unit Protected for Wilderness Characteristics or Unit Managed for Other Resources in the notice described in paragraph (1) for— (A) members of the Burns-Paiute Tribe; (B) livestock grazing permittees; (C) the Bureau as necessary for range management including mechanical suppression of fire or invasive weeds; (D) private land owners and their agents, contractors, employees, and invitees as related to access to their private land; and (E) the county and the State and their agents, contractors, and employees as related to access to State lands and to access to any county public roads. (3) Grazing The Secretary shall not reduce or restrict grazing of permittees or lessees on the Federal land designated as Unit Protected for Wilderness Characteristics or Unit Managed for Other Resources in the notice described in paragraph (1). (4) Continuation of limitations The limitations in this subsection shall be carried forward in the amended land use plan as prescribed to be developed in accordance with subsection (e). 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 be held in trust by the United States for the benefit 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 , 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 on the map entitled Proposed Wilderness Malheur County and dated June 7, 2023, shall be held in trust by the United States for the benefit of the Burns Paiute Tribe. (A) Grazing on land to be held in trust (i) The Bureau shall continue to allow and manage grazing within the Land to be held in Trust under applicable law. (ii) Should the Burns Paiute Tribe decide, in its sole discretion, to cancel grazing within the Land to be held in Trust, i.e., Trust Land , then— (I) the Tribe shall give the Bureau notice of cancellation of Permitted Use Animal Unit Months within the Trust Land; (II) upon receipt of the notice from the Tribe, the Bureau shall conform to the requirements in section 4110.4–2 of title 43, Code of Federal Regulations (10/1/2005 Edition), to cancel any Permitted Use Animal Unit Months within the Trust Land, except that, in addition to payment for the reasonable compensation for the value of any public land range improvements within the Trust Land as provided for in 43 CFR 4110.4–2(b) (10/1/2005 Edition), the Grazing Permittee(s) shall also be paid by the Tribe, at its sole expense, the sum of $100 per each Permitted Use Animal Unit Month that is cancelled; and (III) upon the effectiveness of the cancellation of grazing within the Trust Land, the Tribe shall fence out, at its sole expense, and shall maintain the fence, at its sole expense, the Trust Land from the adjacent land to ensure no drift of livestock occurs from adjacent land. Should the Tribe not timely fence out the Trust Land, or maintain the fence, then any Grazing Permittee(s) shall not be subject to any unauthorized use for any drift of livestock into the Trust Land from adjacent land. (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 therein are considered; (II) provides for protection of cultural and archaeological resources; located thereon; (III) provides for the protection of natural resources with cultural significance located thereon; (IV) protects the interests of those who hold livestock grazing permits on this land and maintain such grazing entitlements in accordance with applicable law, inclusive of the Taylor Grazing Act ( 43 U.S.C. 315 et seq. ); and (V) does not extend beyond the boundaries of the co-stewardship area. (B) Management agreements In accordance with applicable law (including regulations) and subject to existing or extended livestock grazing permits, 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 management and grazing of livestock in the Castle Rock Co-Stewardship Area, as established before the date of enactment of this Act, shall be permitted to continue and shall not be limited or abridged by activities set forth in subparagraphs (A) and (B). (D) Water rights Nothing in this paragraph— (i) expands, creates, or affects any reserved, or otherwise existing water rights; or (ii) provides the Burns Paiute Tribe with any new water right or claim. (E) Co-management activities Nothing in this paragraph shall be construed to allow co-management activities to extend beyond the areas designated as the Castle Rock Co-Stewardship Area. (F) Land exchange activities Any private land within the Castle Rock Co-Stewardship Area, inclusive of the private land in T18S R37E section 4, NENW and NESE, shall be subject to a land exchange with any private landowner who desires and elects to cooperate in a land exchange with the Bureau. Any public land offered in exchange with the private land shall be adjacent to any other private land owned by the cooperating private landowner within the county, and shall be agreeable to the cooperating private landowner. The Secretary shall coordinate with any cooperating private landowner to implement and to complete any such exchange within 24-months of initiation of such process by a private landowner. The Secretary shall prepare any documents necessary to implement any such exchange and the Secretary shall pay for all costs to implement any such exchange. (3) Withdrawal Subject to valid existing rights, the lands taken into trust under paragraph (1) and the land comprising the Castle Rock Co-Stewardship Area are withdrawn from— (A) all forms of 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) Viewshed Rights Nothing in this Act provides any rights of property to the Burns-Paiute Tribe outside of the boundaries of the land described in subsection (b)(1) of section 6. (d) Effect on tribal rights and certain existing uses Nothing in this section, designation or non-designation 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 access, rights-of-way, or easements; or (B) preexisting grazing uses and existing water rights or mining claims, except as specifically negotiated and agreed between the Burns Paiute Tribe, the mineral claim holder, the grazing permittee and the Secretary. 7. Future protection of fire suppression, invasive species control, and livestock production values on Federal land in County (a) Finding Congress finds that the protection against wildfire, the protection against invasive species, and the protection of livestock production values are an essential, important, proper, and compatible activities and use of— (1) the Federal land designated as wilderness by this Act; and (2) the Federal land that is not designated as wilderness by this Act. (b) The Secretary may take all and any actions, including the use of motorized vehicles, helicopters, or airplanes, needed to control wildfire and to control and eradicate invasive species on the land designated herein as wilderness and on the remaining Federal land not designated as wilderness. (c) Livestock shall be managed on Federal land designated as wilderness by this Act in accordance with the provisions of this Act. (d) Livestock grazing shall not be abridged, prohibited, restricted, or terminated on Federal land that is not designated as wilderness by this Act, however the Secretary shall continue management in accordance with the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq. ), section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ), the provisions of this Act, and other laws applicable to grazing. (e) Livestock grazing Any livestock grazing on Federal land that is not designated as wilderness by this Act shall continue to be managed in accordance with the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq. ), section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ), and other laws applicable to grazing use on the Federal land not designated as wilderness by this Act, including activities the Secretary reasonably determines necessary to carry out proper and practical grazing management programs on the Federal land that is not designated as wilderness by this Act (such as public land range improvement activities and wildfire control, suppression, and rehabilitation activities).