II
Calendar No. 1000
110th CONGRESS
2d Session
S. 3088
IN THE SENATE OF THE UNITED STATES
June 5, 2008
Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
September 16, 2008
Reported by Mr. Bingaman, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To designate certain land in the State of Oregon as wilderness, and for other purposes.
Short title
This Act may be cited as the
Oregon Badlands Wilderness Act of
2008
.
Findings and purposes
Findings
Congress finds that—
certain Bureau of Land Management land in central Oregon qualifies for addition to the National Wilderness Preservation System;
one of the chief economic assets of the central Oregon region is the rich diversity of available recreation, with the region offering a wide variety of multiple-use areas for skiing, biking, hunting, off-highway vehicle use, boating, and other motorized recreation;
there are over 400,000 acres of public land near Bend, Oregon, available for off-highway vehicles and other motorized recreation uses;
motorized recreation users in central Oregon should continue to have access to an abundance of land managed, in part, for their use;
the proposed Oregon Badlands Wilderness would increase the offerings in the region by making an additional 30,000 acres in central Oregon available for wilderness recreation and solitude; and
certain land exchanges that would consolidate Federal land holdings within or near to the proposed wilderness to enhance wilderness values and management are in the public interest.
Purposes
The purposes of this Act are—
to designate the Oregon Badlands Wilderness in the State of Oregon; and
to authorize, direct, and facilitate several land exchanges to consolidate Federal land holdings within or near the Oregon Badlands Wilderness.
Definitions
In this Act:
District
The term District means the Central Oregon Irrigation District, which has offices in Redmond, Oregon.
Landowner
The term Landowner means Ray Clarno, a resident of Redmond, Oregon.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Oregon.
Wilderness
The term Wilderness means the Oregon Badlands Wilderness designated by section 4(a).
Wilderness Map
The term wilderness map means the map entitled Badlands Wilderness and dated June 4, 2008.
Oregon Badlands wilderness
Designation
In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), approximately 29,837 acres of Bureau of Land Management
land in the State, as depicted on the wilderness map, is designated as
Wilderness and as a component of the National Wilderness Preservation System,
to be known as the Oregon Badlands Wilderness
.
Map and legal description
Submission of map and legal description
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any errors in the map or legal description.
Public availability
The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Secretary.
Administration of Wilderness
In general
Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
Incorporation of acquired land and interests
Any land or interest in land within the boundary of the Wilderness that is acquired by the United States shall—
become part of the Wilderness; and
be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.
Withdrawal
Subject to valid existing rights, the Federal land designated as wilderness by this Act is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
Grazing
The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, and the maintenance of facilities in existence on the date of enactment of this Act relating to grazing, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
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).
Access to private property
The Secretary shall provide any owner of private property within the boundary of the Wilderness adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner.
Tribal rights
Nothing in this Act—
affects, alters, amends, repeals, interprets, extinguishes, modifies, or is in conflict with—
the treaty rights of an Indian tribe, including the rights secured by the Treaty of June 25, 1855, between the United States and the Tribes and Bands of Middle Oregon (12 Stat. 963); or
any other rights of an Indian tribe; or
prevents, prohibits, terminates, or abridges the exercise of treaty-reserved rights, including the rights secured by the Treaty of June 25, 1855, between the United States and the Tribes and Bands of Middle Oregon (12 Stat. 963)—
within the boundaries of the Wilderness; or
on land acquired by the United States under this Act.
Scdoris corridor
Existing use
In general
Subject to subsection (b), the route depicted on the wilderness map shall be included in a corridor with a width of 25 feet to be excluded from the Wilderness to accommodate the existing use of the route for purposes relating to the training of sled dogs by Rachael Scdoris.
Inclusion in wilderness
On final and total termination of the use of the route for the purposes described in paragraph (1), the corridor described in that paragraph shall—
become part of the Wilderness; and
be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.
Interim management
Except as provided in subsection (a), the corridor shall otherwise be managed as wilderness.
Withdrawal
Subject to valid existing rights, the corridor described in subsection (a)(1) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
Release of wilderness study areas
Finding
Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Bureau of Land Management land identified as the Badlands wilderness study area has been adequately studied for wilderness designation.
Release
Any public land described in subsection (a) that is not designated as wilderness by this Act—
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
shall be managed in accordance with the applicable land management plans adopted under section 202 of that Act (43 U.S.C. 1712).
Land exchanges
Clarno land exchange
Conveyance of land
If the Landowner offers to convey to the United States all right, title, and interest of the Landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—
accept the offer; and
on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to the Landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).
Description of land
Non-federal land
The non-Federal land referred to in paragraph (1) is the
approximately 240 acres of non-Federal land identified on the wilderness map as
Clarno to Federal Government
.
Federal land
The Federal land referred to in paragraph (1)(B) is the
approximately 245 acres of Federal land identified on the wilderness map as
Federal Government to Clarno
.
Surveys
The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.
District exchange
Conveyance of land
If the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—
accept the offer; and
on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to the District all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).
Description of land
Non-federal land
The non-Federal land referred to in paragraph (1) is the
approximately 564 acres of non-Federal land identified on the wilderness map as
COID to Federal Government
.
Federal land
The Federal land referred to in paragraph (1)(B) is the
approximately 686 acres of Federal land identified on the wilderness map as
Federal Government to COID
.
Surveys
The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.
Applicable law
Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Valuation, Appraisals, and Equalization
In general
The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section—
shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or
if not equal, shall be equalized in accordance with paragraph (3).
Appraisals
In general
The Federal land and the non-Federal land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non-Federal land to be exchanged.
Requirements
An appraisal under subparagraph (A) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisition; and
the Uniform Standards of Professional Appraisal Practice.
Equalization
In general
If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by—
the Secretary making a cash equalization payment to the owner of the non-Federal land;
the owner of the non-Federal land making a cash equalization payment to the Secretary; or
reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.
Cash equalization payments
Any cash equalization payments received by the Secretary under subparagraph (A)(ii) shall be—
deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
used in accordance with that Act.
Conditions of Exchange
In general
As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.
Valid existing rights
The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, or other valid encumbrances in existence on the date of enactment of this Act.
Deadline for completion of land exchange
It is the intent of Congress that the land exchanges under this section shall be completed not later than 16 months after the date of enactment of this Act.
Short title
This Act may be cited as the
Oregon Badlands Wilderness Act of
2008
.
Definitions
In this Act:
District
The term District means the Central Oregon Irrigation District.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Oregon.
Wilderness map
The term wilderness map means the map entitled
Badlands Wilderness
and dated September 3, 2008.
Oregon badlands wilderness
Designation
In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
29,301 acres of Bureau of Land Management land in the State, as generally
depicted on the wilderness map, is designated as wilderness and as a component
of the National Wilderness Preservation System, to be known as the
Oregon Badlands Wilderness
.
Administration of wilderness
In general
Subject to valid existing rights, the Oregon Badlands Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
Incorporation of acquired land and interests
Any land or interest in land within the boundary of the Oregon Badlands Wilderness that is acquired by the United States shall—
become part of the Oregon Badlands Wilderness; and
be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.
Grazing
The grazing of livestock in the Oregon Badlands Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
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).
Access to private property
In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the boundary of the Oregon Badlands Wilderness adequate access to the property.
Potential wilderness
In general
In furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131 et seq.), a corridor of certain Federal land managed by the Bureau
of Land Management with a width of 25 feet, as generally depicted on the
wilderness map as Potential Wilderness
, is designated as
potential wilderness.
Interim management
The potential wilderness designated by paragraph (1) shall be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may allow nonconforming uses that are authorized and in existence on the date of enactment of this Act to continue in the potential wilderness.
Designation as wilderness
On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) that are permitted under paragraph (2) have terminated, the potential wilderness shall be—
designated as wilderness and as a component of the National Wilderness Preservation System; and
incorporated into the Oregon Badlands Wilderness.
Map and legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Badlands Wilderness with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal description.
Public availability
The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Release
Finding
Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Badlands wilderness study area that are not designated as the Oregon Badlands Wilderness or as potential wilderness have been adequately studied for wilderness or potential wilderness designation.
Release
Any public land described in subsection (a) that is not designated as wilderness by this Act—
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
shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).
Land exchanges
Clarno land exchange
Conveyance of land
Subject to subsections (c) through (e), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—
accept the offer; and
on receipt of acceptable title to the non-Federal land, convey to the Landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).
Description of land
Non-Federal land
The non-Federal land referred to in paragraph (1) is the
approximately 239 acres of non-Federal land identified on the wilderness map as
Clarno to Federal Government
.
Federal land
The Federal land referred to in paragraph (1)(B) is the
approximately 209 acres of Federal land identified on the wilderness map as
Federal Government to Clarno
.
Surveys
The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.
District exchange
Conveyance of land
Subject to subsections (c) through (e), if the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—
accept the offer; and
on receipt of acceptable title to the non-Federal land, convey to the District all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).
Description of land
Non-Federal land
The non-Federal land referred to in paragraph (1) is the
approximately 527 acres of non-Federal land identified on the wilderness map as
COID to Federal Government
.
Federal land
The Federal land referred to in paragraph (1)(B) is the
approximately 697 acres of Federal land identified on the wilderness map as
Federal Government to COID
.
Surveys
The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.
Applicable Law
Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Valuation, appraisals, and equalization
In general
The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section—
shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or
if not equal, shall be equalized in accordance with paragraph (3).
Appraisals
In general
The Federal land and the non-Federal land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non-Federal land to be exchanged.
Requirements
An appraisal under subparagraph (A) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Equalization
In general
If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by—
making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or
reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.
Cash equalization payments
Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be—
deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
used in accordance with that Act.
Conditions of exchange
In general
The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.
Costs
As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.
Valid existing rights
The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.
Completion of land exchange
It is the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of enactment of this Act.
Protection of tribal treaty rights
Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
September 16, 2008
Reported with an amendment