,i #aaith ,,congress #ast ,session ,h4 ,r4 #fggg ,,in ,,the ,,house ,,of ,,representatives ,december #ag1 #bjbe,mr4 ,bentz introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to provide for the establishment of a grazing management program on ,federal land in ,malheur ,county1 ,oregon1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,oregon ,owyhee ,wilderness and ,community ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,land ,management4 7#b7 ,county ,the term ,county means ,malheur ,county1 ,oregon4 7#c7 ,federal land ,the term ,federal land means land in the ,county managed by the ,bureau4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means the ,state of ,oregon4 7#f7 ,state lands ,the term ,state lands means any lands owned by the ,state4 7#g7 ,malheur ,c4,e4,o4 ,group ,the term ,malheur ,c4,e4,o4 ,group means the group established by section #c7;b74 7#h7 ,private lands ,the term ,private lands means any land that is privately owned1 and not owned by any local1 ,state1 or ,federal ,government or agency4 7#i7 ,operational flexibility ,the term operational flexibility1 with respect to grazing on the ,federal land1 means-- 7,a7 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 provided2 or 7,b7 an adjustment of water source placement with respect to which written notice is provided4 7#aj7 ,program ,the term program means the ,malheur ,county ,grazing ,management ,program authorized under section #b7;a74 #c4 ,malheur ,county ,grazing ,management ,program 7a7 ,in general ,the ,secretary shall carry out a grazing management program on the ,federal land1 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 section4 7b7 ,permit operational flexibility 7#a7 ,flexible grazing use alternative for a grazing permit or lease ,solely at the request of an authorized grazing permittee or lessee1 for purposes of renewing a grazing permittee or lessee's grazing permit or lease under the program1 pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,secretary shall develop and analyze at least #a alternative to provide operational flexibility in livestock grazing use to account for changing conditions4 7#b7 ,interim operational flexibilities ,if an applicable monitoring plan has been adopted under paragraph 7#c71 to meet or make significant progress in meeting applicable ,rangeland ,health ,standards and applicable livestock management objectives in the applicable land use plan1 on the request of an authorized grazing permittee or lessee1 the ,secretary1 using new or existing data1 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 weather1 forage production1 effects of fire or drought1 or other conditions-- 7,a7 to adjust the season of use1 the beginning date of the period of use1 the ending date of the period of use1 or both the beginning date and ending date1 as applicable1 under the grazing permit or lease1 subject to the requirements that-- 7i7 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 #dabj4b7;a77#c7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation71 the applicable adjusted date of the season of use occurs-- 7,i7 not earlier than #ad days before the beginning date specified in the applicable permit or lease2 and 7,,ii7 not later than #ad days after the ending date specified in the applicable permit or lease2 and 7ii7 the authorized grazing permittee or lessee provides written notice of the adjustment to the ,bureau not later than #b business days before the date of adjustment2 7,b7 to adjust the dates for pasture rotation by not more than #ad days1 subject to the requirement that the authorized grazing permittee or lessee shall provide to the ,bureau written notice of the adjustment not later than #b business days before the date of adjustment2 7,c7 to adjust the placement of existing water structures for livestock or wildlife1 subject to applicable water right laws1 that any adjustment should not be placed within #ajj 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 #b business days before the date of adjustment2 and 7,d7 any variance authorized by the ,secretary through the ,bureau shall be immediately effective upon issue1 shall by itself be final agency action1 and shall not require conformance to #dc ,c4,f4,r4 part #dajj1 subpart #dafj1 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 ,the variance shall be in writing and signed by the authorized officer of the ,bureau4 7#c7 ,monitoring plans for permit flexibility 7,a7 ,in general ,the ,secretary shall adopt cooperative rangeland monitoring plans to apply to actions taken under paragraph 7#b7 and to monitor and evaluate current permitted livestock use upon the pasture7s7 or allotment7s7 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 plan4 7,b7 ,requirements ,a monitoring plan developed under subparagraph 7,a7 shall be based upon existing ecological conditions with reliance upon the ecological site descriptions1 including the ,state and transitions models1 as defined by the ,chief of the ,natural ,resources ,conservation ,service1 of the area to be monitored1 and shall-- 7i7 evaluate the percent utilization of available forage1 the existing ecological condition1 and the trend of ecological condition of the area to be monitored2 7ii7 include-- 7,i7 a description of the utilization standards for which the monitoring is tracking1 including baseline ecological conditions and desired outcome ecological conditions2 7,,ii7 a description of utilization evaluation protocol2 7,,iii7 an evaluation schedule identifying periods during which utilization data will be collected2 7,,iv7 provisions for adjusting any components of the monitoring plan1 including acceptance of data from identified third parties2 and 7,v7 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 use2 and 7iii7 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 report4 7#d7 ,terms and conditions 7,a7 ,preferred alternative ,if the ,secretary determines that an alternative considered under the program that provides operational flexibility is the preferred alternative1 the ,secretary shall-- 7i7 incorporate the alternative1 including applicable monitoring plans adopted under paragraph 7#c71 into the terms and conditions of the applicable grazing permit or lease2 and 7ii7 specify how the monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program4 7,b7 ,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 7,a7 that the ,secretary determines to be necessary4 7c7 ,no effect on grazing privileges ,nothing in this ,act-- 7#a7 affects grazing privileges provided under the ,act of ,june #bh1 #aicd 7commonly known as the ,taylor ,grazing ,act2 #dc ,u4,s4,c4 #cae et seq472 7#b7 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 ,secretary2 or 7#c7 precludes the ,secretary from modifying or terminating an existing permit or lease in accordance with applicable law 7including regulations74 #d4 ,malheur ,c4,e4,o4 ,group 7a7 ,definitions ,in this section3 7#a7 ,consensus ,the term consensus means a unanimous agreement by the voting members of the ,malheur ,c4,e4,o4 ,group present and constituting a quorum at a regularly scheduled business meeting of the ,malheur ,c4,e4,o4 ,group4 7#b7 ,federal agency 7,a7 ,in general ,the term ,federal agency means an agency or department of the ,government of the ,united ,states4 7,b7 ,inclusions ,the term ,federal agency includes-- 7i7 the ,bureau of ,reclamation2 7ii7 the ,bureau of ,indian ,affairs2 7iii7 the ,bureau2 7iv7 the ,united ,states ,fish and ,wildlife ,service2 and 7v7 the ,natural ,resources ,conservation ,service4 7#c7 ,quorum ,the term quorum means #a more than of the voting members of the ,malheur ,c4,e4,o4 ,group4 7b7 ,establishment ,there is established the ,malheur ,c4,e4,o4 ,group to assist in carrying out this section4 7c7 ,membership 7#a7 ,in general ,the ,malheur ,c4,e4,o4 ,group shall consist of #h voting members1 to be appointed by the ,secretary1 based on recommendations from the ,vale ,district ,bureau manager and the ,county commissioners1 of whom-- 7,a7 #c shall be representatives of grazing permittees and lessees in the ,county2 7,b7 #c shall be representatives of other businesses or conservation organizations in the ,county1 of whom at least #b shall reside in the ,county2 and 7,c7 #a shall be a representative of the ,burns ,paiute ,tribe and #a shall be a representative of the ,fort ,mc,dermott ,tribe4 7#b7 ,appointment 7,a7 ,initial appointments ,not later than #ahj days after the date of enactment of this ,act1 all will be selected by the county court through submitted application by any interested parties4 7,b7 ,terms ,each member of the ,malheur ,c4,e4,o4 ,group shall serve for a term of #c years4 7,c7 ,reappointment ,a member of the ,malheur ,c4,e4,o4 ,group may be reappointed for #a or more additional #c-year terms4 7,d7 ,vacancies ,a vacancy on the ,malheur ,c4,e4,o4 ,group shall be filled-- 7i7 as soon as practicable after the vacancy occurs2 and 7ii7 in the same manner as the original appointment4 7d7 ,projects 7#a7 ,in general ,the ,malheur ,c4,e4,o4 ,group shall propose eligible projects described in paragraph 7#b7 on the ,federal land and water and non-,federal land and water in the ,county to be carried out by the ,malheur ,c4,e4,o4 ,group or a third party1 using funds provided by the ,malheur ,c4,e4,o4 ,group1 if a consensus of the ,malheur ,c4,e4,o4 ,group approves the proposed eligible project4 7#b7 ,description of eligible projects ,an eligible project referred to in paragraph 7#a7 is a project-- 7,a7 that complies with existing law 7including regulations72 and 7,b7 relating to-- 7i7 ecological restoration1 including development1 planning1 and implementation2 7ii7 range improvements for the purpose of providing more efficient and effective ecologically beneficial management of domestic livestock1 fish1 wildlife1 or habitat2 7iii7 invasive species management or eradication1 including invasive weeds1 vegetation1 fish1 or wildlife2 7iv7 restoration of springs and related water infrastructure to enhance the availability of sustainable flows of freshwater for livestock1 fish1 or wildlife2 7v7 conservation of cultural sites2 7vi7 economic development or recreation management2 or 7vii7 research1 monitoring1 or analysis4 7#c7 ,requirement 7,a7 ,in general ,in the case of an eligible project proposed under paragraph 7#a7 that is to be carried out on ,federal land or requires the use of ,federal funds1 the project may not be carried out without the approval of the head of the applicable ,federal agency4 7,b7 ,failure to approve ,if an eligible project described in subparagraph 7,a7 is not approved by the head of the applicable ,federal agency1 not later than #ad business days after the date on which the proposal is submitted to the head of the applicable ,federal agency1 the head of the ,federal agency shall provide to the ,malheur ,c4,e4,o4 ,group in writing a description of the reasons for not approving the proposed eligible project4 7#d7 ,failure to approve by consensus ,if an eligible project proposed under paragraph 7#a7 is not agreed to by consensus after #c votes are conducted by the ,malheur ,c4,e4,o4 ,group1 the proposed eligible project may be agreed to by a quorum of the members of the ,malheur ,c4,e4,o4 ,group1 subject to the limitations that-- 7,a7 the eligible project may not be carried out on the ,federal land2 and 7,b7 no ,federal funds may be used for an eligible project that is agreed to in accordance with this paragraph4 7#e7 ,acceptance of donations ,the ,malheur ,c4,e4,o4 ,group may-- 7,a7 accept and place into a trust fund any donations1 grants1 or other funds received by the ,malheur ,c4,e4,o4 ,group2 and 7,b7 use amounts placed into a trust fund under subparagraph 7,a7 to carry out eligible projects approved in accordance with this section1 including eligible projects carried out on the ,federal land or water or using ,federal funds1 if the project is approved by the head of the applicable ,federal agency4 7#f7 ,cost-sharing requirement 7,a7 ,in general ,the ,federal share of the total cost of an eligible project carried out using amounts made available under subsection 7h7 shall be not more than #ge percent4 7,b7 ,form of non-federal contribution ,the non-,federal contribution required under subparagraph 7,a7 may be provided in the form of in-kind contributions4 7#g7 ,funding recommendations ,all funding recommendations developed by the ,malheur ,c4,e4,o4 ,group shall be based on a consensus of the ,malheur ,c4,e4,o4 ,group members4 7e7 ,technical assistance ,any ,federal agency with authority and responsibility in the ,county shall1 to the extent practicable1 provide technical assistance to the ,malheur ,c4,e4,o4 ,group on request of the ,malheur ,c4,e4,o4 ,group4 7f7 ,public notice and participation ,the ,malheur ,c4,e4,o4 ,group shall conduct all meetings subject to applicable open meeting and public participation laws4 7g7 ,priorities ,for purposes of approving eligible projects proposed under subsection 7d77#a71 the ,malheur ,c4,e4,o4 ,group shall give priority to voluntary habitat1 range1 and ecosystem restoration projects focused on improving the long-term ecological health of the ,federal land and natural bodies of water4 7h7 ,additional projects ,to the extent permitted by applicable law and subject to the availability of appropriations1 ,federal agencies may contribute to the implementation of projects recommended by the ,malheur ,c4,e4,o4 ,group and approved by the ,secretary4 7i7 ,effect 7#a7 ,existing activities ,the activities of the ,malheur ,c4,e4,o4 ,group shall supplement1 and not replace1 existing activities to manage the natural resources of the ,county4 7#b7 ,legal rights1 duties1 or authorities ,nothing in this section affects any legal right1 duty1 or authority of any person or ,federal agency1 including any member of the ,malheur ,c4,e4,o4 ,group4 #e4 ,wilderness designations and other land designations and related management to designations 7a7 ,definitions ,in this section3 7#a7 ,map ,the term ,map means each of the following3 7,a7 ,wilderness ,area ,maps ,exhibits #a through #bc4 7,b7 ,existing ,road ,maps--,roads ,exhibits #bd through #bh4 7,c7 ,special ,management ,area ,exhibits #bi through #cj4 7#b7 ,special management area ,the term ,special ,management ,areas means a special management area designated by subsection 7b77#a74 7#c7 ,wilderness area ,the term wilderness area means a wilderness area designated by subsection 7c77#a74 7b7 ,designation of special management areas 7#a7 ,designation ,subject to valid existing rights1 the following ,special ,management ,areas in the ,county are designated3 7,a7 ,keeney creek special management area ,the ,bureau land comprising approximately #bc1dca acres1 as generally depicted by the label ,proposed ,,keeney ,,creek ,,special ,,management ,,area on the map entitled ,special ,management ,areas and dated ,january #ae1 #bjbe4 7,b7 ,clark ranch special management area ,the following units of ,bureau land comprising approximately #ag1ddc acres1 as generally depicted by the label ,proposed ,clark ,ranch ,special ,management ,area on the map entitled ,special ,management ,areas and ,january #ae1 #bjbe4 7#b7 ,administration ,the ,special ,management ,areas shall be administered by the ,bureau4 7#c7 ,purposes ,the purpose of each ,special ,management ,area are-- 7,a7 invasive species control must be allowed2 7,b7 fire suppression must be allowed2 7,c7 livestock production must be allowed and protected2 and 7,d7 ,tribal access for cultural purposes must be allowed and protected4 7#d7 ,management 7,a7 ,in general ,the ,secretary shall manage the ,special ,management ,areas-- 7i7 in furtherance of the purposes described in paragraph 7#c72 and 7ii7 in accordance with-- 7,i7 the laws 7including regulations7 generally applicable to the ,bureau2 7,,ii7 this subsection2 and 7,,iii7 any other applicable law 7including regulations74 7,b7 ,roads2 motorized vehicles 7i7 ,roads ,the construction of new permanent roads in the ,special ,management ,areas shall not be allowed4 7ii7 ,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 purposes1 emergency response1 fire management1 national defense in times of national defense emergencies1 rangeland health and restoration1 weed and pest control1 habitat management1 livestock production1 range improvement1 and fence and water infrastructure repair and replacement4 7,c7 ,grazing ,grazing of livestock in the ,special ,management ,areas shall be administered in accordance with the ,act of ,june #bh1 #aicd 7commonly known as the ,taylor ,grazing ,act2 #dc ,u4,s4,c4 #cae et seq471 and other laws generally applicable to grazing on the ,federal land4 7,d7 ,rights-of-way ,subject to valid existing rights1 the ,special ,management ,areas are closed to new rights-of-way4 7#e7 ,withdrawal ,subject to valid existing rights1 the ,special ,management ,areas are withdrawn from-- 7,a7 all forms of appropriation or disposal under the public land laws1 except as to the exchange of any ,private lands within or immediately adjacent to the ,special ,management ,areas2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under laws relating to mineral and geothermal leasing4 7#f7 ,maps and legal descriptions 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and legal description of each special management area based upon ,special ,management ,area ,exhibits #bi through #cj4 7,b7 ,effect ,each map and legal description prepared under subparagraph 7,a7 shall have the same force and effect as if included in this ,act1 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 closest1 adjacent grazing allotment boundary to ensure that any grazing allotment will not be partially within any special management4 ,this means that any special management area shall be diminished to existing grazing allotment boundaries4 7,c7 ,public availability ,the maps and legal descriptions prepared under subparagraph 7,a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau4 7c7 ,designation of wilderness areas 7#a7 ,in general ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the following ,federal land in the ,county comprising approximately #ibd1ddj acres1 as generally depicted on the ,map1 is designated as wilderness and as components of the ,national ,wilderness ,preservation ,system3 7,a7 ,fifteenmile ,creek ,wilderness ,certain ,federal land1 comprising approximately #ej1ceg acres1 as generally depicted as exhibit #jb on the ,map1 which shall be known as the ,fifteenmile ,creek ,wilderness4 7,b7 ,oregon ,canyon ,mountains ,wilderness ,certain ,federal land1 comprising approximately #db1jce acres1 as generally depicted exhibit #jc on the ,map1 which shall be known as the ,oregon ,canyon ,mountains ,wilderness4 7,c7 ,twelvemile ,creek ,wilderness ,certain ,federal land1 comprising approximately #bh1abc acres1 as generally depicted as exhibit #jd on the ,map1 which shall be known as the ,twelvemile ,creek ,wilderness4 7,d7 ,upper ,west ,little ,owyhee ,wilderness ,certain ,federal land1 comprising approximately #ic1aii acres1 as generally depicted as exhibit #je on the ,map1 which shall be known as the ,upper ,west ,little ,owyhee ,wilderness4 7,e7 ,lookout ,butte ,wilderness ,certain ,federal land1 comprising approximately #ff1bdb acres1 as generally depicted as exhibit #ac on the ,map1 which shall be known as the ,lookout ,butte ,wilderness4 7,f7 ,mary ,gautreaux ,owyhee ,river ,canyon ,wilderness ,certain ,federal land1 comprising approximately #aie1aig acres1 as generally depicted as exhibit #jf on the ,map1 which shall be known as the ,mary ,gautreaux ,owyhee ,river ,canyon ,wilderness4 7,g7 ,jordan ,craters ,wilderness ,certain ,federal land1 comprising approximately #bi1bee acres1 as generally depicted as exhibit #jh on the ,map1 which shall be known as the ,jordan ,craters ,wilderness4 7,h7 ,owyhee ,breaks ,wilderness ,certain ,federal land1 comprising approximately #ca1fcg acres1 as generally depicted as exhibit #ji on the ,map1 which shall be known as the ,owyhee ,breaks ,wilderness4 7,i7 ,dry ,creek ,wilderness ,certain ,federal land1 comprising approximately #cc1bji acres1 as generally depicted as exhibit #ad on the ,map1 which shall be known as the ,dry ,creek ,wilderness4 7,j7 ,dry ,creek ,buttes ,wilderness ,certain ,federal land1 comprising approximately #hh1bhi acres1 as generally depicted as exhibit #ae on the ,map1 which shall be known as the ,dry ,creek ,buttes ,wilderness4 7,k7 ,upper ,leslie ,gulch ,wilderness ,certain ,federal land1 comprising approximately #b1iig acres1 as generally depicted as exhibit #aj on the ,map1 which shall be known as the ,upper ,leslie ,gulch ,wilderness4 7,l7 ,slocum ,creek ,wilderness ,certain ,federal land1 comprising approximately #g1ecd acres1 as generally depicted as exhibit #aa on the ,map1 which shall be known as the ,slocum ,creek ,wilderness4 7,m7 ,honeycombs ,wilderness ,certain ,federal land1 comprising approximately #da1abb acres1 as generally depicted as exhibit #ab on the ,map1 which shall be known as the ,honeycombs ,wilderness4 7,n7 ,lower ,owyhee ,canyon ,wilderness ,certain ,federal land1 comprising approximately #gj1ihj acres1 as generally depicted as exhibit #jg on the ,map1 which shall be known as the ,lower ,owyhee ,canyon ,wilderness4 7,o7 ,wild ,horse ,basin ,wilderness ,certain ,federal land1 comprising approximately #ah1djb acres1 as generally depicted as exhibit #af on the ,map1 which shall be known as the ,wild ,horse ,basin ,wilderness4 7,p7 ,black butte wilderness ,certain ,federal land1 comprising approximately #ab1jeh acres1 as generally depicted as exhibit #ag on the ,map1 which shall be known as the ,black ,butte ,wilderness4 7,q7 ,twin butte wilderness ,certain ,federal land1 comprising approximately #ah1aej acres1 as generally depicted as exhibit #ah on the ,map1 which shall be known as the ,twin ,butte ,wilderness4 7,r7 ,oregon butte wilderness ,certain ,federal land1 comprising approximately #ca1icd acres1 as generally depicted as exhibit #ai on the ,map1 which shall be known as the ,oregon ,butte ,wilderness4 7,s7 ,mahogany butte wilderness ,certain ,federal land1 comprising approximately #h1iec acres1 as generally depicted as exhibit #bj on the ,map1 which shall be known as the ,mahogany ,butte ,wilderness4 7,t7 ,deer flat wilderness ,certain ,federal land1 comprising approximately #ab1bej acres1 as generally depicted as exhibit #ba on the ,map1 which shall be known as the ,deer ,flat ,wilderness4 7,u7 ,sacramento hill wilderness ,certain ,federal land1 comprising approximately #i1egd acres1 as generally depicted as exhibit #bb on the ,map1 which shall be known as the ,sacramento ,hill ,wilderness4 7,v7 ,quartz mountain wilderness ,certain ,federal land1 comprising approximately #cb1idc acres1 as generally depicted as exhibit #bc on the ,map1 which shall be known as the ,quartz ,mountain ,wilderness4 7#b7 ,maps and legal descriptions 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and legal description of each wilderness area based on ,wilderness ,area ,maps ,exhibits #a through #bc4 7,b7 ,effect ,each map and legal description prepared under subparagraph 7,a7 shall have the same force and effect as if included in this ,act1 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 closest1 adjacent grazing allotment boundary to ensure that any grazing allotment will not be partially within any wilderness4 ,this means that any wilderness area shall be diminished to existing grazing allotment boundaries4 7,c7 ,public availability ,the maps and legal descriptions prepared under subparagraph 7,a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau4 7#c7 ,management 7,a7 ,in general ,subject to valid existing rights1 the wilderness areas shall be administered by the ,secretary in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 except that-- 7i7 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 ,act2 and 7ii7 any reference in that ,act to the ,secretary of ,agriculture shall be considered to be a reference to the ,secretary4 7,b7 ,grazing ,the ,secretary shall allow the continuation of the grazing of livestock1 in the wilderness areas1 if established before the date of enactment of this ,act1 in accordance with-- 7i7 section #d7;d77#d7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#d772 and 7ii7 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 ,h4,r4 #begj of the #ajast ,congress 7,h4 ,rept4 #aja-dje dated ,february #ba1 #aiij74 ,the number of livestock permitted as used in guideline and policy number #a shall mean the ,permitted use animal unit months prescribed in the existing ,grazing ,permits upon enactment of this ,act1 in addition to any ,nonrenewal ,grazing ,permits issued by the ,bureau within a #aj-year period before enactment of this ,act4 ,said appendix ,a shall control over of clause 7i74 7,c7 ,roads adjacent to and within wilderness areas 7i7 ,nothing in this ,act requires any restriction1 inclusive of closure or seasonal closure1 of any road outside but adjacent to the boundary of any wilderness designated in subsection 7c77#a74 7ii7 ,the ,secretary shall allow the continuation of motorized use of road access upon the cherry stem roads shown in ,existing ,road ,maps--,roads ,exhibits #bd through #bh4 ,these cherry stem roads lie upon ,federal land and not within any wilderness designated in subsection 7c77#a74 7iii7 ,the ,secretary shall-- 7,i7 allow the continuation of motorized use of road access upon the pipeline roads shown in ,existing ,road ,maps--,roads ,exhibits #bd through #bh1 except if otherwise determined necessary by the ,secretary for-- 7aa7 the administration of the area by the ,bureau1 the ,county1 or the ,state2 7bb7 grazing uses by an authorized grazing permittee or lessee2 7cc7 access to ,private lands2 or 7dd7 access to lands by an ,indian ,tribe for cultural reasons2 and 7,,ii7 to the extent that such pipelines roads lie within the wilderness designated in subsection 7c77#a71 shall manage such pipeline roads as a component of the ,national ,wilderness ,preservation ,system4 7iv7 ,the ,secretary may allow the continuation of motorized use of reasonable access on other roads not identified on the ,existing ,road ,maps--,roads ,exhibits #bd through #bh pursuant to the minimum requirement analysis under section #d7;c7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;c774 ,for purposes of this clause1 the term reasonable access includes any road existing on the date of enactment of this ,act4 7v7 ,any road within or across any wilderness designated in subsection 7c77#a7 shall be not less than #ae-;feet on each side of the centerline of the road4 7vi7 ,this ,act shall not preclude use on any wilderness designated in subsection 7c77#a7 of mechanical equipment including chainsaws1 backhoe excavators1 caterpillar tractors1 or the like for the purpose of wildfire suppression1 invasive species control1 activities necessary for management of livestock present on the land under grazing permits 7including but not limited to distribution of salt1 maintenance on the roads1 replacement or repair of water facilities and fencing1 doctoring cattle1 dispersing of livestock1 or gathering1 or removal of livestock74 7vii7 ,nothing in this ,act shall be construed to restrict access to1 repair of1 replacement of1 or use of1 water delivery pipelines pursuant to any valid agreement existing as of the date of enactment of this ,act4 7,d7 ,fish and wildlife management activities 7i7 ,in general ,in furtherance of the purposes and principles of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the ,secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas1 if the management activities are-- 7,i7 consistent with applicable wilderness management plans2 and 7,,ii7 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 ,h4,r4 #begj of the #ajast ,congress 7,house ,report #aja-dje dated ,february #ba1 #aiij74 7ii7 ,inclusions ,management activities under clause 7i7 may include the occasional and temporary use of motorized vehicles1 if the use1 as determined by the ,secretary1 would promote healthy1 viable1 and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks4 7,e7 ,existing activities ,consistent with section #d7;d77#a7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#a77 and in accordance with appropriate policies1 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 ,h4,r4 #begj of the #ajast ,congress 7,house ,report #aja-dje dated ,february #ba1 #aiij71 the ,state may use aircraft 7including helicopters7 in the wilderness areas to survey capture1 transplant1 monitor1 and provide water for wildlife populations1 including bighorn sheep and feral stock1 feral horses1 and feral burros4 7d7 ,management of ,federal land not designated as wilderness and special management area 7#a7 ,finding ,congress finds that1 for purposes of section #bja7;a7 and section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaa7;a72 #aghb7;c771 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 purposes4 7#b7 ,redesignation ,except as provided in paragraph 7#c71 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 7#a7-- 7,a7 is released and is no longer subject to section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb7;c77 for wilderness study area purposes2 and 7,b7 shall be managed for values unrelated to wilderness purposes and shall be managed for the principal or major uses 7as defined in section #ajc7l7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7l7771 in accordance with any applicable land use plan adopted under section #bjb of that ,act 7#dc ,u4,s4,c4 #agab74 7#c7 ,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 ,county1 ,oregon1 but have some parts that are in ,malheur ,county1 ,oregon3 7,a7 ,the ,palomino ,hills ,wilderness ,study ,area4 7,b7 ,the ,sheepshead ,mountain ,wilderness ,study ,area4 7,c7 ,the ,wildcat ,canyon ,wilderness ,study ,area4 7,d7 ,the ,alvord ,desert ,wilderness ,study ,area4 7,e7 ,the ,willow ,creek ,wilderness ,study ,area4 7,f7 ,disaster ,peak ,wilderness ,study ,area4 7e7 ,the amended notice ,on the date that is #c years after the date of enactment of this ,act1 to conform as necessary to give effect to this ,act1 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 ,plan1 ,vale ,district1 ,oregon published by the ,bureau in the ,federal ,register on ,february #b1 #bjbd 7#hi ,fed4 ,reg4 #adjij71 and amended on ,february #bf1 #bjbd4 ,this amendment shall include the associated ,wilderness ,plan for the wilderness designated in subsection 7c77#a7 and shall include a ,travel ,management ,plan4 ,the ,secretary shall complete the land use plan amended process within #bd months after initiation of the process to amend in accordance with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab74 7f7 ,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 7#a7 ,road ,maps ,not later than #fj days after the date of the enactment of this ,act1 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 ,plan1 ,vale ,district1 ,oregon published by the ,bureau in the ,federal ,register on ,february #b1 #bjbd 7#hi ,fed4 ,reg4 #adjij71 and amended on ,february #bf1 #bjbd4 7#b7 ,access ,the ,secretary shall not restrict the use of motorized vehicles on the roads described in paragraph 7#a7 or on lands designated as ,unit ,protected for ,wilderness ,characteristics or ,unit ,managed for ,other ,resources in the notice described in paragraph 7#a7 for-- 7,a7 members of the ,burns-,paiute ,tribe2 7,b7 livestock grazing permittees2 7,c7 the ,bureau as necessary for range management including mechanical suppression of fire or invasive weeds2 7,d7 private land owners and their agents1 contractors1 employees1 and invitees as related to access to their private land2 and 7,e7 the ,county and the ,state and their agents1 contractors1 and employees as related to access to ,state lands and to access to any roads managed by the ,county4 7#c7 ,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 7#a74 7#d7 ,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 7e74 #f4 ,land conveyances to burns ,paiute ,tribe and castle rock co-stewardship area 7a7 ,jonesboro ranch1 road gulch1 and black canyon land conveyances 7#a7 ,conveyance and taking into trust 7,a7 ,title ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall accept title to the land described in paragraph 7#b71 if conveyed or otherwise transferred to the ,united ,states by1 or on behalf of1 the ,burns ,paiute ,tribe4 7,b7 ,trust ,land to which title is accepted by the ,secretary under subparagraph 7,a7 shall be held in trust by the ,united ,states for the benefit of the ,burns ,paiute ,tribe4 7#b7 ,description of land ,the land referred to in paragraph 7#a77;,a7 is the following3 7,a7 ,jonesboro ranch ,the parcel commonly known as ,jonesboro ,ranch1 located approximately #f miles east of ,juntura1 ,oregon1 consisting of #ba1edh acres of ,federal land1 #f1fhf 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 ,horse1 ,indian ,creek1 ,sperry ,creek1 ,antelope ,swales1 ,horse ,camp1 ,dinner ,creek1 ,upper ,hunter ,creek1 and ,tim's ,peak1 and more particularly described as follows3 7i7 ,t4 #bj ,s41 ,r4 #ch ,e41 secs4 #be and #cf1 ,willamette ,meridian4 7ii7 ,t4 #bj ,s41 ,r4 #ci ,e41 secs4 #be-cf1 ,willamette ,meridian4 7iii7 ,t4 #bj ,s41 ,r4 #dj ,e41 secs4 #cj1 #ca1 and #cb1 ,willamette ,meridian4 7iv7 ,t4 #ba ,s41 ,r4 #ci ,e41 secs4 #a-ah1 #bj-bi1 and #cb-cf1 ,willamette ,meridian4 7v7 ,t4 #ba ,s41 ,r4 #dj ,e41 secs4 #e-h1 #ag-ai1 #cj1 and #ca1 ,willamette ,meridian4 7vi7 ,t4 #bb ,s41 ,r4 #ci ,e41 secs4 #a-e1 #h1 and #i1 ,willamette ,meridian4 7,b7 ,road gulch2 black canyon ,the approximately #d1acg acres of ,state land containing the pastures referred to as ,road ,gulch and ,black ,canyon and more particularly described as follows3 7i7 ,t4 #bj ,s41 ,r4 #ci ,e41 secs4 #aj1 #aa1 #ae1 #ad1 #ac1 #ba-bh1 and #cf1 ,willamette ,meridian4 7ii7 ,t4 #bj ,s41 ,r4 #dj ,e41 secs4 #ai1 #cj1 #ca1 and #cb1 ,willamette ,meridian4 7#c7 ,applicable law ,land taken into trust under paragraph 7#a77;,b7 shall be administered in accordance with the laws 7including regulations7 generally applicable to property held in trust by the ,united ,states for the benefit of an ,indian ,tribe4 7#d7 ,map of trust land ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map depicting the land taken into trust under paragraph 7#a77;,b74 7#e7 ,land exchange ,not later than #c years after the date of enactment of this ,act1 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 7#b77;,b7 that are owned by the ,state4 7b7 ,castle ,rock ,land ,to ,be ,held in ,trust and ,co-,stewardship ,area 7#a7 ,land to be held in trust 7,a7 ,in general ,all right1 title1 and interest of the ,united ,states in and to the approximately #b1ejj acres of land in the ,castle ,rock ,wilderness ,study ,area1 as depicted on the map entitled ,proposed ,wilderness ,malheur ,county and dated ,june #g1 #bjbc1 shall be held in trust by the ,united ,states for the benefit of the ,burns ,paiute ,tribe4 7,b7 ,grazing on land to be held in trust 7i7 ,in general ,the ,director of the ,bureau shall continue to allow and manage grazing within the land to be held in trust under subparagraph 7,a7 7referred to in this subparagraph as ,trust ,land7 under applicable law4 7ii7 ,cancellation of grazing ,if the ,burns ,paiute ,tribe decides1 in its sole discretion1 to cancel grazing within the ,trust ,land1 then-- 7,i7 the ,tribe shall give the ,bureau notice of cancellation of ,permitted ,use ,animal ,unit ,months within the ,trust ,land2 7,,ii7 upon receipt of the notice from the ,tribe1 the ,bureau shall conform to the requirements in section #daaj4d-b of title #dc1 ,code of ,federal ,regulations 7as in effect on ,october #a1 #bjje71 to cancel any ,permitted ,use ,animal ,unit ,months within the ,trust ,land1 except that1 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 #daaj4d-b7;b7 of title #dc1 ,code of ,federal ,regulations 7as in effect on ,october #a1 #bjje71 each such permittee shall also be paid by the ,tribe1 at the sole expense of the ,tribe1 an amount equal to the market value1 as of the date of cancellation1 of each cancelled ,permitted ,use ,animal ,unit ,month applicable to such permittee2 and 7,,iii7 upon the effectiveness of the cancellation of grazing within the ,trust ,land1 the ,tribe shall fence out1 at the sole expense of the ,tribe1 and maintain the fence1 at the sole expense of the ,tribe1 the ,trust ,land from adjacent lands to ensure no drift of livestock occurs from the adjacent lands4 ,if the ,tribe does not timely fence out the ,trust ,land or fails to maintain the fence1 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 ,land4 7#b7 ,castle rock co-stewardship area 7,a7 ,memorandum of understanding 7i7 ,in general ,as soon as practicable after the date of enactment of this ,act1 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 #g1 #bjbc1 to be known as the ,castle ,rock ,co-,stewardship ,area4 7ii7 ,requirement ,the memorandum of understanding entered into under clause 7i7 shall ensure that the ,castle ,rock ,co-,stewardship ,area is managed in a manner that-- 7,i7 ensures that ,tribal interests therein are considered2 7,,ii7 provides for protection of cultural and archaeological resources2 located thereon2 7,,iii7 provides for the protection of natural resources with cultural significance located thereon2 7,,iv7 protects the interests of those who hold livestock grazing permits on this land and maintain such grazing entitlements in accordance with applicable law1 inclusive of the ,taylor ,grazing ,act 7#dc ,u4,s4,c4 #cae et seq472 and 7,v7 does not extend beyond the boundaries of the co-stewardship area4 7,b7 ,management agreements ,in accordance with applicable law 7including regulations7 and subject to existing or extended livestock grazing permits1 the ,secretary may enter into #a 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 7,a77i74 7,c7 ,grazing ,the management and grazing of livestock in the ,castle ,rock ,co-,stewardship ,area1 as established before the date of enactment of this ,act1 shall be permitted to continue and shall not be limited or abridged by activities set forth in subparagraphs 7,a7 and 7,b74 7,d7 ,water rights ,nothing in this paragraph-- 7i7 expands1 creates1 or affects any reserved1 or otherwise existing water rights2 or 7ii7 provides the ,burns ,paiute ,tribe with any new water right or claim4 7,e7 ,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 ,area4 7,f7 ,land exchange activities ,any private land within the ,castle ,rock ,co-,stewardship ,area1 inclusive of the private land in ,t#ah,s ,r#cg;,e section #d1 ,,nenw and ,,nese1 shall be subject to a land exchange with any private landowner who desires and elects to cooperate in a land exchange with the ,bureau4 ,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 ,county1 and shall be agreeable to the cooperating private landowner4 ,the ,secretary shall coordinate with any cooperating private landowner to implement and to complete any such exchange within #bd-months of initiation of such process by a private landowner4 ,the ,secretary shall prepare any documents necessary to implement any such exchange and the ,secretary shall pay for all costs to implement any such exchange4 7#c7 ,withdrawal ,subject to valid existing rights1 the lands taken into trust under paragraph 7#a7 and the land comprising the ,castle ,rock ,co-,stewardship ,area are withdrawn from-- 7,a7 all forms of appropriation1 and disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 operation of the mineral leasing and geothermal leasing laws and mineral materials laws4 7c7 ,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 7b77#a74 7d7 ,effect on tribal rights and certain existing uses ,nothing in this section1 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-- 7#a7 alters1 modifies1 enlarges1 diminishes1 or abrogates rights secured by a treaty1 statute1 ,executive order1 or other ,federal law of any ,indian ,tribe1 including off-reservation reserved rights2 or 7#b7 affects-- 7,a7 existing access1 rights-of-way1 or easements2 or 7,b7 preexisting grazing uses and existing water rights or mining claims1 except as specifically negotiated and agreed between the ,burns ,paiute ,tribe1 the mineral claim holder1 the grazing permittee and the ,secretary4 #g4 ,future protection of fire suppression1 invasive species control1 and livestock production values on ,federal land in ,county 7a7 ,findings ,congress finds that the protection against wildfire and invasive species and the protection of livestock production are essential1 important1 proper1 and compatible activities and uses of-- 7#a7 the ,federal land designated as wilderness under section #d7;c77#a72 7#b7 the ,federal land designated as a special management area under section #d7;b72 and 7#c7 the ,federal land not designated as wilderness or as a special management area in section #d4 7b7 ,future protection ,the ,secretary may take all and any actions1 including the use of motorized vehicles1 helicopters1 or airplanes1 needed to control wildfire and to control and eradicate invasive species on the ,federal land described in paragraphs 7#a7 through 7#c7 of subsection 7a74 7c7 ,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 #d7;c77#a7 or as a special management area under section #d7;b74 7d7 ,management of livestock on other ,federal land 7#a7 ,production value ,the ,secretary may not abridge1 prohibit1 restrict1 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 #d7;c77#a7 or as a special management area under section #d7;b74 7#b7 ,grazing ,grazing on ,federal land that is not designated as wilderness under section #d7;c77#a7 or as a special management area under section #d7;b7 and any activities the ,secretary reasonably determines necessary to carry out proper and practical grazing management programs on such land 7such as public land range improvement activities and wildfire control1 suppression1 and rehabilitation activities7 shall be managed and carried out in accordance with the ,act of ,june #bh1 #aicd 7commonly known as the ,taylor ,grazing ,act7 7#dh ,stat4 #abfi1 chapter #hfe2 #dc ,u4,s4,c4 #cae et seq471 section #djb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #ageb71 and all other laws applicable to grazing on such land4