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Text of the Cathedral Rock and Horse Heaven Wilderness Act of 2010

This bill was introduced on January 28, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 28, 2010 (Introduced).

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Source: GPO

II

111th CONGRESS

2d Session

S. 2963

IN THE SENATE OF THE UNITED STATES

January 28, 2010

(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.

1.

Short title

This Act may be cited as the Cathedral Rock and Horse Heaven Wilderness Act of 2010.

2.

Definitions

(1)

Federal land

The term Federal land means the Federal land authorized to be conveyed by the United States under section 4(a).

(2)

Landowner

The term landowner means the owner of the applicable non-Federal land.

(3)

Non-Federal land

The term non-Federal land means the land authorized to be conveyed to the United States under section 4(a).

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

State

The term State means the State of Oregon.

(6)

Wilderness area

The term wilderness area means any of the areas designated as components of the National Wilderness Preservation System by section 3(a).

(7)

Wilderness map

The term wilderness map means the map entitled Cathedral Rock–Horse Heaven Wilderness Proposals and dated January 21, 2010.

3.

Cathedral rock wilderness and horse heaven wilderness

(a)

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:

(1)

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.

(2)

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.

(b)

Maps; legal descriptions

(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 each wilderness area with—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

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.

(3)

Availability

The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in—

(A)

the Office of the Chief of the Forest Service; and

(B)

the Office of the Director of the Bureau of Land Management.

(4)

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.

(c)

Administration of wilderness

(1)

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.

(2)

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—

(A)

become part of the wilderness area; and

(B)

be managed in accordance with—

(i)

this section; and

(ii)

any other applicable laws.

(3)

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—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws relating to mineral and geothermal leasing or mineral materials.

(4)

Grazing

The grazing of domestic livestock in a wilderness area shall be administered 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) and H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(5)

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.

(6)

State water laws

Nothing in this section constitutes an exemption from State water laws (including regulations).

(7)

Tribal rights

Nothing in this section—

(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 with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963); and

(ii)

any other rights of an Indian tribe;

(B)

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

(C)

affects any non-Federal land acquired by the United States under section 4.

4.

Land exchanges

(a)

Authorization

(1)

Smith Exchange

(A)

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—

(i)

accept the offer; and

(ii)

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).

(B)

Description of land

(i)

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.

(ii)

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.

(2)

Shrum exchange

(A)

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—

(i)

accept the offer; and

(ii)

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).

(B)

Description of land

(i)

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.

(ii)

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”.

(3)

Young Life exchange

(A)

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—

(i)

accept the offer; and

(ii)

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).

(B)

Description of land

(i)

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.

(ii)

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.

(b)

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).

(c)

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.

(d)

Equal value exchange

(1)

In general

The value of the Federal land and non-Federal land to be exchanged under this section—

(A)

shall be equal; or

(B)

shall be made equal in accordance with paragraph (2).

(2)

Equalization

(A)

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—

(i)

by reducing the acreage of the Federal land to be conveyed; or

(ii)

by adding additional State land to the non-Federal land to be conveyed.

(B)

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.

(e)

Appraisals

(1)

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.

(2)

Requirements

An appraisal under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including—

(A)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(B)

the Uniform Standards of Professional Appraisal Practice.

(f)

Surveys

(1)

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.

(2)

Costs

The Secretary and the landowner shall divide equally between the Secretary and the landowner—

(A)

the costs of any surveys conducted under paragraph (1); and

(B)

any other administrative costs of carrying out the land exchange under this section.

(g)

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.

(h)

Addition to wilderness areas

On completion of the land exchanges under this section, the non-Federal land shall—

(1)

become part of the wilderness areas; and

(2)

be managed in accordance with—

(A)

this Act;

(B)

the Wilderness Act (16 U.S.C. 1131 et seq.); and

(C)

any other applicable law.