II
111th CONGRESS
2d Session
S. 2963
IN THE SENATE OF THE UNITED STATES
January 28, 2010
Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To designate certain land in the State of Oregon as wilderness, to provide for the exchange of certain Federal land and non-Federal land, and for other purposes.
Short title
This Act may be cited as
the Cathedral Rock and Horse Heaven
Wilderness Act of 2010
.
Definitions
Federal land
The term Federal land means the Federal land authorized to be conveyed by the United States under section 4(a).
Landowner
The
term landowner
means the owner of the applicable non-Federal
land.
Non-Federal land
The term non-Federal land means the land authorized to be conveyed to the United States under section 4(a).
Secretary
The term Secretary means the Secretary of the Interior.
State
The
term State
means the State of Oregon.
Wilderness area
The term wilderness area
means any of the
areas designated as components of the National Wilderness Preservation System
by section 3(a).
Wilderness map
The term wilderness map means the map entitled
Cathedral Rock–Horse Heaven Wilderness Proposals
and dated
January 21, 2010.
Cathedral rock wilderness and horse heaven wilderness
Designation
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:
Cathedral rock wilderness
The approximately 8,686 acres of Bureau of Land
Management land in the State, as depicted on the wilderness map, to be known as
the Cathedral Rock Wilderness
.
Horse heaven wilderness
The approximately 7,791 acres of Bureau of Land
Management land in the State, as depicted on the wilderness map, to be known as
the Horse Heaven Wilderness
.
Maps; legal descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with—
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
Force of law
The maps and legals description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description.
Availability
The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in—
the Office of the Chief of the Forest Service; and
the Office of the Director of the Bureau of Land Management.
Conflict between map and legal description
In the case of a conflict between the maps and legal descriptions filed under paragraph (1), the maps shall control.
Administration of wilderness
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 any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act.
Incorporation of acquired land and interests
Any land within or adjacent to the boundary of a wilderness area that is acquired by the United States shall—
become part of the wilderness area; and
be managed in accordance with—
this section; and
any other applicable laws.
Withdrawal
Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the wilderness areas 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 all laws relating to mineral and geothermal leasing or mineral materials.
Grazing
The grazing of domestic livestock in a wilderness area shall be administered 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) and H.R. 5487 of the 96th Congress (H. Rept. 96–617).
Access to non-Federal land
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary shall provide reasonable access to non-Federal land within the boundaries of the wilderness areas.
State water laws
Nothing in this section constitutes an exemption from State water laws (including regulations).
Tribal rights
Nothing in this section—
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 with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963); and
any other rights of an Indian tribe;
prevents, prohibits, terminates, or abridges the exercise of treaty-reserved rights, including the rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963), within the boundaries of the wilderness areas; or
affects any non-Federal land acquired by the United States under section 4.
Land exchanges
Authorization
Smith Exchange
In general
If Derby Smith Partners, LLC, of Bend, Oregon (referred
to in this section as Smith
), offers to convey to the United
States all right, title, and interest of Smith in and to the non-Federal land
described in subparagraph (B)(i), 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 Smith all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii).
Description of land
Non-Federal land
The non-Federal land referred to in subparagraph (A) is the
approximately 1,057 acres of non-Federal land identified on the wilderness map
as Lands proposed for transfer from Smith to the Federal
Government
.
Federal land
The Federal land referred to in subparagraph (A)(ii) is the
approximately 1,195 acres of Federal land identified on the wilderness map as
Lands proposed for transfer from the Federal Government to
Smith
.
Shrum exchange
In general
If Milton Shrum (referred to in this section as
Shrum
) offers to convey to the United States all right, title,
and interest of Shrum in and to the non-Federal land described in subparagraph
(B)(i), 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 Shrum all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii).
Description of land
Non-Federal land
The non-Federal land referred to in subparagraph (A) is the
approximately 416 acres of non-Federal land identified on the wilderness map as
Lands proposed for transfer from Shrum to the Federal
Government
.
Federal land
The Federal land referred to in subparagraph (A)(ii) is the approximately 594 acres of Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from the Federal Government to Shrum”.
Young Life exchange
In general
If Young Life of Colorado Springs, Colorado (referred to
in this section as Young Life
), offers to convey to the United
States all right, title, and interest of Young Life in and to the non-Federal
land described in subparagraph (B)(i), 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 Young Life all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii).
Description of land
Non-Federal land
The non-Federal land referred to in subparagraph (A) is the
approximately 8,715 acres of non-Federal land identified on the wilderness map
as Lands proposed for transfer from Young Life to the Federal
Government
.
Federal land
The Federal land referred to in subparagraph (A)(ii) is the
approximately 12,335 acres of Federal land identified on the wilderness map as
Lands proposed for transfer from the Federal Government to Young
Life
.
Applicable law
Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under subsection (a) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Conditions
The conveyances of the Federal land and non-Federal land under subsection (a) shall be subject to such terms and conditions as the Secretary may require.
Equal value exchange
In general
The value of the Federal land and non-Federal land to be exchanged under this section—
shall be equal; or
shall be made equal in accordance with paragraph (2).
Equalization
Surplus of Federal land
If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the landowner—
by reducing the acreage of the Federal land to be conveyed; or
by adding additional State land to the non-Federal land to be conveyed.
Surplus of non-Federal land
If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the landowner.
Appraisals
In general
As soon as practicable after the date of enactment of this Act, the Secretary and the landowner shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land to be exchanged.
Requirements
An appraisal under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Surveys
In general
The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined by surveys approved by the Secretary.
Costs
The Secretary and the landowner shall divide equally between the Secretary and the landowner—
the costs of any surveys conducted under paragraph (1); and
any other administrative costs of carrying out the land exchange under this section.
Deadline for completion of land exchange
It is the intent of Congress that the land exchanges under this section be completed not later than 2 years after the date of enactment of this Act.
Addition to wilderness areas
On completion of the land exchanges under this section, the non-Federal land shall—
become part of the wilderness areas; and
be managed in accordance with—
this Act;
the Wilderness Act (16 U.S.C. 1131 et seq.); and
any other applicable law.