[Congressional Bills 110th Congress] [From the U.S. Government Publishing Office] [S. 3089 Reported in Senate (RS)] Calendar No. 1001 110th CONGRESS 2d Session S. 3089 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. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 5, 2008 Mr. Wyden (for himself and Mr. Smith) 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, to provide for the exchange of certain Federal land and non-Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Spring Basin Wilderness Act of 2008''.</DELETED> <DELETED>SEC. 2. DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Family trust.--The term ``family trust'' means the Bowerman Family Trust, which is the owner of the land described in section 4(d)(2)(A).</DELETED> <DELETED> (2) Keys.--The term ``Keys'' means Bob Keys, a resident of Portland, Oregon.</DELETED> <DELETED> (3) Mcgreer.--The term ``McGreer'' means H. Kelly McGreer, a resident of Antelope, Oregon.</DELETED> <DELETED> (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior.</DELETED> <DELETED> (5) State.--The term ``State'' means the State of Oregon.</DELETED> <DELETED> (6) Tribes.--The term ``Tribes'' means the Confederated Tribes of the Warm Springs Indian Reservation, with offices in Warm Springs, Oregon.</DELETED> <DELETED> (7) Wilderness map.--The term ``wilderness map'' means the map entitled ``Spring Basin Study Area with Exchange Proposals'' and dated May 22, 2008.</DELETED> <DELETED>SEC. 3. SPRING BASIN WILDERNESS.</DELETED> <DELETED> (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 8,661 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 ``Spring Basin Wilderness''.</DELETED> <DELETED> (b) Administration of Wilderness.--</DELETED> <DELETED> (1) 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--</DELETED> <DELETED> (A) 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</DELETED> <DELETED> (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.</DELETED> <DELETED> (2) 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-- </DELETED> <DELETED> (A) become part of the Wilderness; and</DELETED> <DELETED> (B) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.</DELETED> <DELETED> (3) Grazing.--The grazing of domestic livestock in the Wilderness shall be administered in accordance with-- </DELETED> <DELETED> (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));</DELETED> <DELETED> (B) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617); and</DELETED> <DELETED> (C) 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).</DELETED> <DELETED> (4) 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.</DELETED> <DELETED> (5) State water laws.--Nothing in this section constitutes an exemption from State water laws (including regulations).</DELETED> <DELETED> (6) Tribal rights.--Nothing in this section-- </DELETED> <DELETED> (A) affects, alters, amends, repeals, interprets, extinguishes, modifies, or is in conflict with--</DELETED> <DELETED> (i) 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</DELETED> <DELETED> (ii) any other rights of an Indian tribe; or</DELETED> <DELETED> (B) 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)--</DELETED> <DELETED> (i) within the boundaries of the Wilderness; or</DELETED> <DELETED> (ii) on land acquired by the United States under this Act.</DELETED> <DELETED>SEC. 4. LAND EXCHANGES.</DELETED> <DELETED> (a) Confederated Tribes of the Warm Springs Indian Reservation Land Exchange.--</DELETED> <DELETED> (1) Conveyance of land.--If the Tribes offer to convey to the United States all right, title, and interest of the Tribes in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--</DELETED> <DELETED> (A) accept the offer; and</DELETED> <DELETED> (B) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to the Tribes all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).</DELETED> <DELETED> (2) Description of land.--</DELETED> <DELETED> (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 3,635 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from the CTWSIR to the Federal Government''.</DELETED> <DELETED> (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 3,653 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to CTWSIR''.</DELETED> <DELETED> (3) 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.</DELETED> <DELETED> (b) McGreer Land Exchange.--</DELETED> <DELETED> (1) Conveyance of land.--If McGreer offers to convey to the United States all right, title, and interest of McGreer in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--</DELETED> <DELETED> (A) accept the offer; and</DELETED> <DELETED> (B) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to McGreer all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).</DELETED> <DELETED> (2) Description of land.--</DELETED> <DELETED> (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 18 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from McGreer to the Federal Government''.</DELETED> <DELETED> (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 325 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to McGreer''.</DELETED> <DELETED> (3) 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.</DELETED> <DELETED> (c) Keys Land Exchange.--</DELETED> <DELETED> (1) Conveyance of land.--If Keys offers to convey to the United States all right, title, and interest of Keys in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--</DELETED> <DELETED> (A) accept the offer; and</DELETED> <DELETED> (B) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to Keys all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).</DELETED> <DELETED> (2) Description of land.--</DELETED> <DELETED> (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 181 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from Keys to the Federal Government''.</DELETED> <DELETED> (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 183 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to Keys''.</DELETED> <DELETED> (3) 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.</DELETED> <DELETED> (d) Bowerman Land Exchange.--</DELETED> <DELETED> (1) Conveyance of land.--If the family trust offers to convey to the United States all right, title, and interest of the family trust in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--</DELETED> <DELETED> (A) accept the offer; and</DELETED> <DELETED> (B) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to the family trust all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).</DELETED> <DELETED> (2) Description of land.--</DELETED> <DELETED> (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 34 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from Bowerman to the Federal Government''.</DELETED> <DELETED> (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 24 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to Bowerman''.</DELETED> <DELETED> (3) 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.</DELETED> <DELETED> (e) 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).</DELETED> <DELETED> (f) Valuation, Appraisals, and Equalization.--</DELETED> <DELETED> (1) In general.--The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section--</DELETED> <DELETED> (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or</DELETED> <DELETED> (B) if not equal, shall be equalized in accordance with paragraph (3).</DELETED> <DELETED> (2) Appraisals.--</DELETED> <DELETED> (A) 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.</DELETED> <DELETED> (B) Requirements.--An appraisal under subparagraph (A) shall be conducted in accordance with--</DELETED> <DELETED> (i) the Uniform Appraisal Standards for Federal Land Acquisition; and</DELETED> <DELETED> (ii) the Uniform Standards of Professional Appraisal Practice.</DELETED> <DELETED> (3) Equalization.--</DELETED> <DELETED> (A) 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--</DELETED> <DELETED> (i) the Secretary making a cash equalization payment to the owner of the non- Federal land;</DELETED> <DELETED> (ii) the owner of the non-Federal land making a cash equalization payment to the Secretary; or</DELETED> <DELETED> (iii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.</DELETED> <DELETED> (B) Cash equalization payments.--Any cash equalization payments received by the Secretary under subparagraph (A)(ii) shall be--</DELETED> <DELETED> (i) 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</DELETED> <DELETED> (ii) used in accordance with that Act.</DELETED> <DELETED> (g) Conditions of Exchange.--</DELETED> <DELETED> (1) In general.--As a condition of the 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.</DELETED> <DELETED> (2) 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.</DELETED> <DELETED> (h) 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.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Basin Wilderness Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of Oregon. (3) Tribes.--The term ``Tribes'' means the Confederated Tribes of the Warm Springs Reservation of Oregon. (4) Wilderness map.--The term ``wilderness map'' means the map entitled ``Spring Basin Wilderness with Land Exchange Proposals'' and dated September 3, 2008. SEC. 3. SPRING BASIN WILDERNESS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 6,382 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 ``Spring Basin Wilderness''. (b) Administration of Wilderness.-- (1) In general.--Subject to valid existing rights, the Spring Basin Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (A) 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 (B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (2) Incorporation of acquired land and interests.--Any land or interest in land within the boundary of the Spring Basin Wilderness that is acquired by the United States shall-- (A) become part of the Spring Basin Wilderness; and (B) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (3) Grazing.--The grazing of livestock in the Spring Basin 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-- (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (B) 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) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Spring Basin Wilderness with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) 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 typographical errors in the map and legal description. (3) 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. SEC. 4. RELEASE. (a) 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 Spring Basin wilderness study area that are not designated by section 3(a) as the Spring Basin Wilderness in the following areas have been adequately studied for wilderness designation: (1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\. (2) T. 8 S., R.19 E., sec. 25, SE \1/4\, SE \1/4\. (3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S \1/2\. (b) Release.--Any public land described in subsection (a) that is not designated as wilderness by this Act-- (1) 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 (2) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712). SEC. 5. LAND EXCHANGES. (a) Confederated Tribes of the Warm Springs Reservation Land Exchange.-- (1) Conveyance of land.--Subject to subsections (e) through (g), if the Tribes offer to convey to the United States all right, title, and interest of the Tribes in and to the non- Federal land described in paragraph (2)(A), the Secretary shall-- (A) accept the offer; and (B) on receipt of acceptable title to the non- Federal land, convey to the Tribes all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B). (2) Description of land.-- (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 4,480 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from the CTWSIR to the Federal Government''. (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 4,578 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to CTWSIR''. (3) 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. (4) Withdrawal.--Subject to valid existing rights, the land acquired by the Secretary under this subsection is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under any law relating to mineral and geothermal leasing or mineral materials. (b) McGreer Land Exchange.-- (1) Conveyance of land.--Subject to subsections (e) through (g), 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-- (A) accept the offer; and (B) 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). (2) Description of land.-- (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 18 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from McGreer to the Federal Government''. (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 327 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to McGreer''. (3) 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. (c) Keys Land Exchange.-- (1) Conveyance of land.--Subject to subsections (e) through (g), 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-- (A) accept the offer; and (B) 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). (2) Description of land.-- (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 180 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from Keys to the Federal Government''. (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 187 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to Keys''. (3) 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. (d) Bowerman Land Exchange.-- (1) Conveyance of land.--Subject to subsections (e) through (g), 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-- (A) accept the offer; and (B) 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). (2) Description of land.-- (A) Non-federal land.--The non-Federal land referred to in paragraph (1) is the approximately 32 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from Bowerman to the Federal Government''. (B) Federal land.--The Federal land referred to in paragraph (1)(B) is the approximately 24 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to Bowerman''. (3) 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. (e) 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). (f) Valuation, Appraisals, and Equalization.-- (1) In general.--The value of the Federal land and the non- Federal land to be conveyed in a land exchange under this section-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) 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. (B) Requirements.--An appraisal under subparagraph (A) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Equalization.-- (A) 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-- (i) 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 (ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. (B) Cash equalization payments.--Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be-- (i) 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 (ii) used in accordance with that Act. (g) Conditions of Exchange.-- (1) In general.--The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require. (2) 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. (3) 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. (h) 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. SEC. 6. 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). Calendar No. 1001 110th CONGRESS 2d Session S. 3089 _______________________________________________________________________ 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. _______________________________________________________________________ September 16, 2008 Reported with an amendment