S 3088 ISRSCommentsClose CommentsPermalink

To designate certain land in the State of Oregon as wilderness, and for other purposes.CommentsClose CommentsPermalink

June 5, 2008CommentsClose CommentsPermalink

Mr. WYDEN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To designate certain land in the State of Oregon as wilderness, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Oregon Badlands Wilderness Act of 2008’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSES.(a) Findings- Congress finds that--(1) certain Bureau of Land Management land in central Oregon qualifies for addition to the National Wilderness Preservation System;(2) 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;(3) there are over 400,000 acres of public land near Bend, Oregon, available for off-highway vehicles and other motorized recreation uses;(4) motorized recreation users in central Oregon should continue to have access to an abundance of land managed, in part, for their use;(5) 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(6) 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.(b) Purposes- The purposes of this Act are--(1) to designate the Oregon Badlands Wilderness in the State of Oregon; and(2) to authorize, direct, and facilitate several land exchanges to consolidate Federal land holdings within or near the Oregon Badlands Wilderness.SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) DISTRICT- The term ‘District’ means the Central Oregon Irrigation District, which has offices in Redmond, Oregon. CommentsClose CommentsPermalink





(2) LANDOWNER- The term ‘Landowner’ means Ray Clarno, a resident of Redmond, Oregon.(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior. CommentsClose CommentsPermalink





(43) STATE- The term ‘State’ means the State of Oregon. CommentsClose CommentsPermalink





(5) WILDERNESS- The term ‘Wilderness’ means the Oregon Badlands Wilderness designated by section 4(a).(64) WILDERNESS MAP- The term ‘wilderness map’ means the map entitled ‘Badlands Wilderness’ and dated June 4September 3, 2008. CommentsClose CommentsPermalink

SEC. 43. OREGON BADLANDS WILDERNESS.

(a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 29,837301 acres of Bureau of Land Management land in the State, as generally depicted on the wilderness map, is designated as Wwilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Oregon Badlands Wilderness’. CommentsClose CommentsPermalink





(b) Map and Legal Description-(1) 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--(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 errors in the map or 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 Secretary.(c) Administration of Wilderness- CommentsClose CommentsPermalink





(1) 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-- CommentsClose CommentsPermalink





(A) any reference in the Wilderness Act to the effective date of the Wildernessat Act shall be considered to be a reference to the date of enactment of this Act; and CommentsClose CommentsPermalink





(B) any reference in thate Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. CommentsClose CommentsPermalink





(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundary of the WildernessOregon Badlands Wilderness that is acquired by the United States shall-- CommentsClose CommentsPermalink





(A) become part of the Oregon Badlands Wilderness; and CommentsClose CommentsPermalink





(B) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. CommentsClose CommentsPermalink





(3) WITHDRAWAL- Subject to valid existing rights, the Federal land designated as wilderness by this Act 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 the mineral leasing, mineral materials, and geothermal leasing laws.(4) GRAZING- The grazing of livestock in the Oregon Badlands 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-- CommentsClose CommentsPermalink





(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(54) ACCESS TO PRIVATE PROPERTY- TIn 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 WildernessOregon Badlands Wilderness adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner.(6) TRIBAL RIGHTS- Nothing in this Act--(A) affects, alters, amends, repeals, interprets, extinguishes, modifies, or is in conflict with--(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(ii) any other rights of an Indian tribe; or(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)--(i) within the boundaries of the Wilderness; or(ii) on land acquired by the United States under this Act.SEC. 5. SCDORIS CORRIDOR.(a) Existing Use. CommentsClose CommentsPermalink





(c) Potential Wilderness- CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to subsection (b), the route depicted on the wilderness map shall be included inIn 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 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 Scdori, as generally depicted on the wilderness map as ‘Potential Wilderness’, is designated as potential wilderness. CommentsClose CommentsPermalink





(2) 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--(A) become part of the Wilderness; and(B)TERIM MANAGEMENT- The potential wilderness designated by paragraph (1) shall be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), andexcept 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. CommentsClose CommentsPermalink





(3) DESIGNATION AS WILDERNESS- On the date on which the Secretary publishes in the Federal Register notice that any other applicable law.(b) Interim Management- Except as provided in subsection (a), the corridor shall otherwise be managed as wilderness.(c) Withdrawal- Subject to valid existing rights, the corridor described in subsection (a)(1) is withdrawn from all forms of--nonconforming uses in the potential wilderness designated by paragraph (1) entry, appropriation, or disposal under the public land laws;(2) location, entry, and patent under the mining laws; and(3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.SEC. 6. RELEASthat are permitted under paragraph (2) have terminated, the potential wilderness shall be-- CommentsClose CommentsPermalink





(A) designated as wilderness and as a component of the National Wilderness Preservation System; and CommentsClose CommentsPermalink





(B) incorporated into the Oregon Badlands Wilderness. CommentsClose CommentsPermalink





(d) Map and Legal Description- CommentsClose CommentsPermalink





(1) 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-- CommentsClose CommentsPermalink





(A) the Committee on Energy and Natural Resources of the Senate; and CommentsClose CommentsPermalink





(B) the Committee on Natural Resources of the House of Representatives. CommentsClose CommentsPermalink





(2) FORCE OF WILDERNESS STUDY AREASLAW- 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

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), the Bureau of Land Management land identified as(c)), the portions of the Badlands wilderness study area hasthat are not designated as the Oregon Badlands Wilderness or as potential wilderness have been adequately studied for wilderness or potential wilderness designation. CommentsClose CommentsPermalink





(b) Release- Any public land described in subsection (a) that is not designated as wilderness by this Act-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(2) shall be managed in accordance with the applicable land management plansuse plan adopted under section 202 of that Act (43 U.S.C. 1712). CommentsClose CommentsPermalink

SEC. 75. LAND EXCHANGES.

(a) Clarno Land Exchange- CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- If the LSubject to subsections (c) through (e), if the landowner offers to convey to the United States all right, title, and interest of the Llandowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall-- CommentsClose CommentsPermalink





(A) accept the offer; and CommentsClose CommentsPermalink





(B) 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). CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND- CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 24039 acres of non-Federal land identified on the wilderness map as ‘Clarno to Federal Government’. CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 24509 acres of Federal land identified on the wilderness map as ‘Federal Government to Clarno’. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(b) District Exchange- CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- ISubject 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-- CommentsClose CommentsPermalink





(A) accept the offer; and CommentsClose CommentsPermalink





(B) 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). CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND- CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 56427 acres of non-Federal land identified on the wilderness map as ‘COID to Federal Government’. CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 68697 acres of Federal land identified on the wilderness map as ‘Federal Government to COID’. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(c) 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). CommentsClose CommentsPermalink





(d) Valuation, Appraisals, and Equalization- CommentsClose CommentsPermalink





(1) IN GENERAL- The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section-- CommentsClose CommentsPermalink





(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or CommentsClose CommentsPermalink





(B) if not equal, shall be equalized in accordance with paragraph (3). CommentsClose CommentsPermalink





(2) APPRAISALS- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(B) REQUIREMENTS- An appraisal under subparagraph (A) shall be conducted in accordance with-- CommentsClose CommentsPermalink





(i) the Uniform Appraisal Standards for Federal Land Acquisitions; and CommentsClose CommentsPermalink





(ii) the Uniform Standards of Professional Appraisal Practice. CommentsClose CommentsPermalink





(3) EQUALIZATION- CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(i) the Secretary making a cash equalization payment to the Secretary or to the owner of the non-Federal land;(ii) the owner of the non-Federal land making a cash equalization payment to the Secretary; or(i, 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 CommentsClose CommentsPermalink





(ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. CommentsClose CommentsPermalink





(B) CASH EQUALIZATION PAYMENTS- Any cash equalization payments received by the Secretary under subparagraph (A)(ii) shall be-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) used in accordance with that Act. CommentsClose CommentsPermalink





(e) Conditions of Exchange- CommentsClose CommentsPermalink





(1) IN GENERAL- The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(23) VALID EXISTING RIGHTS- The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, orand other valid encumbrancerights in existence on the date of enactment of this Act. CommentsClose CommentsPermalink





(f) 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 month2 years after the date of enactment of this Act. CommentsClose CommentsPermalink