December 17, 2025
Mr. Bentz introduced the following bill; which was referred to the Committee on Natural Resources
To provide for the establishment of a grazing management program on Federal land in Malheur County, Oregon, and for other purposes.
Section 1. Short title
This Act may be cited as the Oregon Owyhee Wilderness and Community Protection Act
.
Section 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.
(7) Malheur C.E.O. Group
The term Malheur C.E.O. Group means the group established by section 3(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 2(a).
Sec. 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
for the purpose of providing to authorized grazing permittees and lessees operational flexibility as set forth in this section.
(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 or 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 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 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;
(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; and
(D)
any variance authorized by the Secretary through the Bureau shall be immediately effective upon issue, shall by itself be final agency action, and shall not require conformance to 43 C.F.R. part 4100, subpart 4160, or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The variance shall be in writing and signed by the authorized officer of the Bureau.
(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).
Sec. 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 interested 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 the 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 the 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 subparagraph (A) to carry out eligible projects approved in accordance with this section, including eligible projects carried out on the 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 (h) 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.
Sec. 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 the following:
(A)
Wilderness Area Maps Exhibits 1 through 23.
(B)
Existing Road Maps—Roads Exhibits 24 through 28.
(C)
Special Management Area Exhibits 29 through 30.
(2) Special management area
The term Special Management Areas means a special management area designated by subsection (b)(1).
(3) Wilderness area
The term wilderness area means a wilderness area designated by subsection (c)(1).
(b) Designation of special management areas
(1) Designation
Subject to valid existing rights, the following Special Management Areas in the County are designated:
(A) Keeney creek special management area
The Bureau land comprising approximately 23,431 acres, as generally depicted by the label Proposed KEENEY CREEK SPECIAL MANAGEMENT AREA
on the map entitled Special Management Areas
and dated January 15, 2025.
(B) Clark ranch special management area
The following units of Bureau land comprising approximately 17,443 acres, as generally depicted by the label Proposed Clark Ranch Special Management Area
on the map entitled Special Management Areas
and January 15, 2025.
(2) Administration
The Special Management Areas shall be administered by the Bureau.
(3) Purposes
The purpose of each Special Management Area are—
(A)
invasive species control must be allowed;
(B)
fire suppression must be allowed;
(C)
livestock production must be allowed and protected; and
(D)
Tribal access for cultural purposes must be allowed and protected.
(4) Management
(A) In general
The Secretary shall manage the Special Management Areas—
(i)
in furtherance of the purposes described in paragraph (3); and
(ii)
in accordance with—
(I)
the laws (including regulations) generally applicable to the Bureau;
(II)
this subsection; and
(III)
any other applicable law (including regulations).
(B) Roads; motorized vehicles
(i) Roads
The construction of new permanent roads in the Special Management Areas shall not be allowed.
(ii) Motorized vehicles
The use of motorized and mechanized vehicles and equipment in the Special Management Areas on existing roads and trails shall be allowed for administrative or official purposes, emergency response, fire management, national defense in times of national defense emergencies, rangeland health and restoration, weed and pest control, habitat management, livestock production, range improvement, and fence and water infrastructure repair and replacement.
(C) Grazing
Grazing of livestock in the Special Management Areas shall be administered in accordance with the Act of June 28, 1934 (commonly known as the Taylor Grazing Act
; 43 U.S.C. 315 et seq.), and other laws generally applicable to grazing on the Federal land.
(D) Rights-of-way
Subject to valid existing rights, the Special Management Areas are closed to new rights-of-way.
(5) Withdrawal
Subject to valid existing rights, the Special Management Areas are withdrawn from—
(A)
all forms of appropriation or disposal under the public land laws, except as to the exchange of any Private lands within or immediately adjacent to the Special Management Areas;
(B)
location, entry, and patent under the mining laws; and
(C)
disposition under laws relating to mineral and geothermal leasing.
(6) 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 special management area based upon Special Management Area Exhibits 29 through 30.
(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 and except that the Secretary shall adjust the boundary of any special management area to the closest, adjacent grazing allotment boundary to ensure that any grazing allotment will not be partially within any special management. This means that any special management area shall be diminished to existing grazing allotment boundaries.
(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.
(c) 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 924,440 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 50,357 acres, as generally depicted as exhibit 02 on the Map, which shall be known as the Fifteenmile Creek Wilderness
.
(B) Oregon Canyon Mountains Wilderness
Certain Federal land, comprising approximately 42,035 acres, as generally depicted exhibit 03 on the Map, which shall be known as the Oregon Canyon Mountains Wilderness
.
(C) Twelvemile Creek Wilderness
Certain Federal land, comprising approximately 28,123 acres, as generally depicted as exhibit 04 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 as exhibit 05 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 as exhibit 13 on the Map, which shall be known as the Lookout Butte Wilderness
.
(F) Mary Gautreaux Owyhee River Canyon Wilderness
Certain Federal land, comprising approximately 195,197 acres, as generally depicted as exhibit 06 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 as exhibit 08 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 as exhibit 09 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 as exhibit 14 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 as exhibit 15 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 as exhibit 10 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 as exhibit 11 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 as exhibit 12 on the Map, which shall be known as the Honeycombs Wilderness
.
(N) Lower Owyhee Canyon Wilderness
Certain Federal land, comprising approximately 70,980 acres, as generally depicted as exhibit 07 on the Map, which shall be known as the Lower Owyhee Canyon Wilderness
.
(O) Wild Horse Basin Wilderness
Certain Federal land, comprising approximately 18,402 acres, as generally depicted as exhibit 16 on the Map, which shall be known as the Wild Horse Basin Wilderness
.
(P) Black butte wilderness
Certain Federal land, comprising approximately 12,058 acres, as generally depicted as exhibit 17 on the Map, which shall be known as the Black Butte Wilderness
.
(Q) Twin butte wilderness
Certain Federal land, comprising approximately 18,150 acres, as generally depicted as exhibit 18 on the Map, which shall be known as the Twin Butte Wilderness
.
(R) Oregon butte wilderness
Certain Federal land, comprising approximately 31,934 acres, as generally depicted as exhibit 19 on the Map, which shall be known as the Oregon Butte Wilderness
.
(S) Mahogany butte wilderness
Certain Federal land, comprising approximately 8,953 acres, as generally depicted as exhibit 20 on the Map, which shall be known as the Mahogany Butte Wilderness
.
(T) Deer flat wilderness
Certain Federal land, comprising approximately 12,250 acres, as generally depicted as exhibit 21 on the Map, which shall be known as the Deer Flat Wilderness
.
(U) Sacramento hill wilderness
Certain Federal land, comprising approximately 9,574 acres, as generally depicted as exhibit 22 on the Map, which shall be known as the Sacramento Hill Wilderness
.
(V) Quartz mountain wilderness
Certain Federal land, comprising approximately 32,943 acres, as generally depicted as exhibit 23 on the Map, which shall be known as the Quartz Mountain 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 based on Wilderness Area Maps Exhibits 1 through 23.
(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 and except that the Secretary shall adjust the boundary of any wilderness area to the closest, adjacent grazing allotment boundary to ensure that any grazing allotment will not be partially within any wilderness. This means that any wilderness area shall be diminished to existing grazing allotment boundaries.
(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
(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 designated in subsection (c)(1).
(ii)
The Secretary shall allow the continuation of motorized use of road access upon the cherry stem roads shown in Existing Road Maps—Roads Exhibits 24 through 28. These cherry stem roads lie upon Federal land and not within any wilderness designated in subsection (c)(1).
(iii)
The Secretary shall—
(I)
allow the continuation of motorized use of road access upon the pipeline roads shown in Existing Road Maps—Roads Exhibits 24 through 28, except if otherwise determined necessary by the Secretary for—
(aa)
the administration of the area by the Bureau, the County, or the State;
(bb)
grazing uses by an authorized grazing permittee or lessee;
(cc)
access to Private lands; or
(dd)
access to lands by an Indian Tribe for cultural reasons; and
(II)
to the extent that such pipelines roads lie within the wilderness designated in subsection (c)(1), shall manage such pipeline roads as a component of the National Wilderness Preservation System.
(iv)
The Secretary may allow the continuation of motorized use of reasonable access on other roads not identified on the Existing Road Maps—Roads Exhibits 24 through 28 pursuant to the minimum requirement analysis under section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)). For purposes of this clause, the term reasonable access includes any road existing on the date of enactment of this Act.
(v)
Any road within or across any wilderness designated in subsection (c)(1) shall be not less than 15-feet on each side of the centerline of the road.
(vi)
This Act shall not preclude use on any wilderness designated in subsection (c)(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).
(vii)
Nothing in this Act shall be construed to restrict access to, repair of, replacement of, or use of, water delivery pipelines pursuant to any valid agreement existing as of the date of enactment of this Act.
(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.
(d) Management of Federal land not designated as wilderness and special management area
(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
Except as provided in paragraph (3), 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; and
(B)
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).
(3) No effect on certain Wilderness Study Areas spanning Harney County and Malheur County
Nothing in this Act shall be construed to change the following Wilderness Study Areas which predominantly lay in Harney County, Oregon, but have some parts that are in Malheur County, Oregon:
(A)
The Palomino Hills Wilderness Study Area.
(B)
The Sheepshead Mountain Wilderness Study Area.
(C)
The Wildcat Canyon Wilderness Study Area.
(D)
The Alvord Desert Wilderness Study Area.
(E)
The Willow Creek Wilderness Study Area.
(F)
Disaster Peak Wilderness Study Area.
(e) The amended notice
On the date that is 3 years after the date of enactment of this Act, to conform as necessary 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 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 wilderness designated in subsection (c)(1) 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).
(f) 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 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 roads managed by the County.
(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).
Sec. 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
(A) In general
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.
(B) Grazing on land to be held in trust
(i) In general
The Director of the Bureau shall continue to allow and manage grazing within the land to be held in trust under subparagraph (A) (referred to in this subparagraph as Trust Land
) under applicable law.
(ii) Cancellation of grazing
If the Burns Paiute Tribe decides, in its sole discretion, to cancel grazing within the 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 (as in effect on October 1, 2005), to cancel any Permitted Use Animal Unit Months within the Trust Land, except that, in addition to payment to a permittee for the reasonable compensation for the value of any public land range improvements within the Trust Land as provided for in section 4110.4–2(b) of title 43, Code of Federal Regulations (as in effect on October 1, 2005), each such permittee shall also be paid by the Tribe, at the sole expense of the Tribe, an amount equal to the market value, as of the date of cancellation, of each cancelled Permitted Use Animal Unit Month applicable to such permittee; and
(III)
upon the effectiveness of the cancellation of grazing within the Trust Land, the Tribe shall fence out, at the sole expense of the Tribe, and maintain the fence, at the sole expense of the Tribe, the Trust Land from adjacent lands to ensure no drift of livestock occurs from the adjacent lands. If the Tribe does not timely fence out the Trust Land or fails to maintain the fence, a permittee authorized to graze on the adjacent lands may not be subject to liability for any unauthorized use of the Trust Land resulting from a drift of livestock from adjacent lands onto the Trust 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 lands taken into trust under subsection (b)(1).
(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.
Sec. 7. Future protection of fire suppression, invasive species control, and livestock production values on Federal land in County
(a) Findings
Congress finds that the protection against wildfire and invasive species and the protection of livestock production are essential, important, proper, and compatible activities and uses of—
(1)
the Federal land designated as wilderness under section 4(c)(1);
(2)
the Federal land designated as a special management area under section 4(b); and
(3)
the Federal land not designated as wilderness or as a special management area in section 4.
(b) Future protection
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 Federal land described in paragraphs (1) through (3) of subsection (a).
(c) Management of livestock on wilderness and special management area Federal land
The Secretary may authorize the management of livestock on the Federal land designated as wilderness under section 4(c)(1) or as a special management area under section 4(b).
(d) Management of livestock on other Federal land
(1) Production value
The Secretary may not abridge, prohibit, restrict, or terminate grazing authorizations existing as of the date of enactment of this Act on any of the Federal land that is not designated as wilderness under section 4(c)(1) or as a special management area under section 4(b).
(2) Grazing
Grazing on Federal land that is not designated as wilderness under section 4(c)(1) or as a special management area under section 4(b) and any activities the Secretary reasonably determines necessary to carry out proper and practical grazing management programs on such land (such as public land range improvement activities and wildfire control, suppression, and rehabilitation activities) shall be managed and carried out 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 all other laws applicable to grazing on such land.