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H.R. 6777IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 6 · H.R. 6777

Land conveyances to burns Paiute Tribe and castle rock co-stewardship area

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(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.