S1890-118

1. Short title This Act may be cited as the Malheur Community Empowerment for the Owyhee Act.

2. Definitions In this Act: The term Bureau means the Bureau of Land Management. The term Commissioner means the Commissioner of Reclamation. The term County means Malheur County, Oregon. The term Federal land means land in the County managed by the Bureau. The term long-term ecological health, with respect to an ecosystem, means the ability of the ecological processes of the ecosystem to function in a manner that maintains the composition, structure, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant and animal communities, habitats, connectivity, and conditions that are sustainable through successional processes. The term loop road means a route managed and maintained by the Bureau or the County, as applicable, for the purpose of providing directed tourism and educational opportunities in the County. The term loop road includes each of the roads described in paragraphs (2) through (5) of section 6(b). The term Malheur C.E.O. Group means the group described in section 4(b). The term operational flexibility, with respect to grazing on the Federal land, means— 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 an adjustment of water source placement with respect to which written notice is provided. The term program means the Malheur County Grazing Management Program authorized under section 3(a). The term Secretary means the Secretary of the Interior. The term State means the State of Oregon.

3. Malheur County Grazing Management Program The Secretary may carry out a grazing management program on the Federal land, to be known as the Malheur County Grazing Management Program, in accordance with the memorandum entitled Bureau of Land Management Instruction Memorandum 2018–109, to provide to authorized grazing permittees and lessees increased operational flexibility to improve the long-term ecological health of the Federal land. At the request of an authorized grazing permittee or lessee, for purposes of renewing a 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. The Secretary shall develop alternatives under paragraph (1) in consultation with— the applicable grazing permittee or lessee; affected Federal and State agencies; the Malheur C.E.O. Group; the Burns Paiute Tribe or the Ft. McDermitt Paiute Shoshone Tribe, as applicable; other landowners in the affected allotment; and interested members of the public. If an applicable monitoring plan has been adopted under paragraph (4), in order to improve long-term ecological health, on the request of an authorized grazing permittee or lessee, the Secretary shall, using new and existing data, triggered by changes in weather, forage production, effects of fire or drought, or other temporary conditions, allow a variance to the terms and conditions of the existing applicable grazing permit or lease for the applicable year— 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— 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— not earlier than 14 days before the beginning date specified in the applicable permit or lease; and not later than 14 days after the ending date specified in the applicable permit or lease; and the authorized grazing permittee or lessee provides written notice of the adjustment to the Bureau not later than 2 business days before or after the date of adjustment; to adjust the dates for pasture rotation based on average vegetation stage and soil condition 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 or after the date of adjustment; to adjust the placement of water structures for livestock or wildlife by not more than 100 yards from an associated existing road, pipeline, or structure, 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 or after the date of the adjustment; and in a case in which the monitoring plan adopted under paragraph (4) indicates alterations in the operational flexibilities are necessary to achieve ecological health or avoid further ecological degradation of the allotment or allotment area, to adjust the operational flexibilities immediately, subject to the requirement that the authorized grazing permittee or lessee shall provide notification of the adjustment to the individuals and entities described in subparagraphs (B) through (F) of paragraph (2). The Secretary shall adopt cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under paragraph (1) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land under the program, in consultation with grazing permittees or lessees and other individuals and entities described in paragraph (2), using existing or new scientifically supportable data. A monitoring plan adopted under clause (i) shall— identify situations in which providing operational flexibility in grazing permit or lease uses under the program is appropriate to improve long-term ecological health of the Federal land; identify ways in which progress under the program would be measured toward long-term ecological health of the Federal land; include for projects monitored under the program— a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; a description of monitoring methods and protocols; a schedule for collecting data; an identification of the responsible party for data collection and storage; an evaluation schedule; a description of the anticipated use of the data; provisions for adjusting any components of the monitoring plan; and a description of the method to communicate the criteria for adjusting livestock grazing use; and 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. The Secretary shall adopt cooperative rangeland utilization monitoring plans and rangeland health objectives to apply to actions taken under paragraph (3) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land identified for flexible use under the program. A monitoring plan developed under clause (i) shall— evaluate the percent utilization of available forage; identify the appropriate percentage of utilization for the feed type, ecosystem, time of year, and type of animal using the allotment; include— a description of the utilization standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; a description of utilization evaluation protocol; an evaluation schedule identifying periods during which utilization data will be collected; provisions for adjusting any components of the monitoring plan, including acceptance of data from identified third parties; and a description of the method to communicate the criteria for adjusting livestock grazing use based on the on-the-ground conditions after the period of use; and 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. If the Secretary determines that an alternative considered under the program that provides operational flexibility is the preferred alternative, the Secretary shall— incorporate the alternative, including applicable monitoring plans adopted under paragraph (4), into the terms and conditions of the applicable grazing permit or lease; and specify how the monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program. Before implementing any measure for purposes of operational flexibility with respect to a grazing use authorized under the terms and conditions of a permit or lease with respect to which an alternative has been incorporated under subparagraph (A), the grazing permittee or lessee shall notify the Secretary in writing of the proposed adjustment. 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. Subject to subparagraph (B), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the program to determine whether the objectives of the program are being met. The review of the program under subparagraph (A) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program. If, based on the review conducted under paragraph (1), the Secretary determines that the objectives of the program are not being met, the Secretary shall, on the date that is 10 years after the date of enactment of this Act— modify the program in a manner to ensure that the objectives of the program would be met; or terminate the program. Nothing in this Act— affects the rights or privileges provided under the Act of 10 June 28, 1934 (commonly known as the Taylor Grazing Act; 43 U.S.C. 315 et seq.); or 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.

5. Land designations In this section: The term Map means the map entitled Proposed Wilderness Malheur County and dated June 7, 2023. The term wilderness area means a wilderness area designated by subsection (b)(1). In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the County comprising approximately 1,097,731 acres, as generally depicted on the Map, is designated as wilderness and as components of the National Wilderness Preservation System: Certain Federal land, comprising approximately 58,599 acres, as generally depicted on the Map, which shall be known as the Fifteenmile Creek Wilderness. Certain Federal land, comprising approximately 57,891 acres, as generally depicted on the Map, which shall be known as the Oregon Canyon Mountains Wilderness. Certain Federal land, comprising approximately 37,779 acres, as generally depicted on the Map, which shall be known as the Twelvemile Creek Wilderness. Certain Federal land, comprising approximately 93,159 acres, as generally depicted on the Map, which shall be known as the Upper West Little Owyhee Wilderness. Certain Federal land, comprising approximately 66,194 acres, as generally depicted on the Map, which shall be known as the Lookout Butte Wilderness. Certain Federal land, comprising approximately 223,586 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Owyhee River Canyon Wilderness. Certain Federal land, comprising approximately 18,135 acres, as generally depicted on the Map, which shall be known as the Twin Butte Wilderness. Certain Federal land, comprising approximately 8,946 acres, as generally depicted on the Map, which shall be known as the Cairn C Wilderness. Certain Federal land, comprising approximately 32,010 acres, as generally depicted on the Map, which shall be known as the Oregon Butte Wilderness. Certain Federal land, comprising approximately 12,266 acres, as generally depicted on the Map, which shall be known as the Deer Flat Wilderness. Certain Federal, comprising approximately 9,568 acres, as generally depicted on the Map, which shall be known as the Sacramento Hill Wilderness. Certain Federal land, comprising approximately 7,147 acres, as generally depicted on the Map, which shall be known as the Coyote Wells Wilderness. Certain Federal land, comprising approximately 45,192 acres, as generally depicted on the Map, which shall be known as the Big Grassey Wilderness. Certain Federal land, comprising approximately 5,272 acres, as generally depicted on the Map, which shall be known as the Little Groundhog Reservoir Wilderness. Certain Federal land, comprising approximately 79,947 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Lower Owyhee Canyon Wilderness. Certain Federal land, comprising approximately 31,141 acres, as generally depicted on the Map, which shall be known as the Jordan Crater Wilderness. Certain Federal land, comprising approximately 29,471 acres, as generally depicted on the Map, which shall be known as the Owyhee Breaks Wilderness. Certain Federal land, comprising approximately 33,209 acres, as generally depicted on the Map, which shall be known as the Dry Creek Wilderness. Certain Federal land, comprising approximately 53,782 acres, as generally depicted on the Map, which shall be known as the Dry Creek Buttes Wilderness. Certain Federal land, comprising approximately 2,911 acres, as generally depicted on the Map, which shall be known as the Upper Leslie Gulch Wilderness. Certain Federal land, comprising approximately 7,528 acres, as generally depicted on the Map, which shall be known as the Slocum Creek Wilderness. Certain Federal land, comprising approximately 40,099 acres, as generally depicted on the Map, which shall be known as the Honeycombs Wilderness. Certain Federal land, comprising approximately 18,381 acres, as generally depicted on the Map, which shall be known as the Wild Horse Basin Wilderness. Certain Federal land, comprising approximately 32,781 acres, as generally depicted on the Map, which shall be known as the Quartz Mountain Wilderness. Certain Federal land, comprising approximately 6,800 acres, as generally depicted on the Map, which shall be known as The Tongue Wilderness. Certain Federal land, comprising approximately 8,109 acres, as generally depicted on the Map, which shall be known as the Burnt Mountain Wilderness. Certain Federal land, comprising approximately 77,828 acres, as generally depicted on the Map, which shall be known as the Cottonwood Creek Wilderness. As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a map and legal description of each wilderness area. 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. 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. 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 of that Act shall be considered to be a reference to the date of enactment of this Act; and any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. The Secretary shall allow the continuation of the grazing of livestock, including the maintenance, construction, or replacement of authorized supporting facilities, in the wilderness areas, if established before the date of enactment of this Act, in accordance with— section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and 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). Nothing in this Act requires the closure of any adjacent road outside the boundary of a wilderness area. 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— consistent with applicable wilderness management plans; and conducted 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). 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. 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), 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. Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), any portion of the Federal land designated as a wilderness study area, but not depicted on the Map as a wilderness study area, that is not designated as wilderness by subsection (b)(1) has been adequately studied for wilderness designation. Except as provided in paragraph (2), the land described in subparagraph (A)— is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including any applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712). Any portion of the Federal land that was previously determined by the Secretary to be land with wilderness characteristics that is not designated as wilderness by subsection (b)(1) and is not designated on the Map as land with wilderness characteristics shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

1. Short title This Act may be cited as the Malheur Community Empowerment for the Owyhee Act.

2. Definitions In this Act: The term Bureau means the Bureau of Land Management. The term County means Malheur County, Oregon. The term Federal land means land in the County managed by the Bureau. The term long-term ecological health, with respect to an ecosystem, means the ability of the ecological processes of the ecosystem to function in a manner that maintains the composition, structure, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant and animal communities, habitats, connectivity, and conditions that are sustainable through successional processes. The term Malheur C.E.O. Group means the group established by section 4(b). The term operational flexibility, with respect to grazing on the Federal land, means— 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 an adjustment of water source placement with respect to which written notice is provided. The term program means the Malheur County Grazing Management Program authorized under section 3(a). The term Secretary means the Secretary of the Interior. The term State means the State of Oregon.

3. Malheur County Grazing Management Program The Secretary may carry out a grazing management program on the Federal land, to be known as the Malheur County Grazing Management Program, in accordance with applicable law (including regulations) and the memorandum entitled Bureau of Land Management Instruction Memorandum 2018–109 (as in effect on September 30, 2021), to provide to authorized grazing permittees and lessees increased operational flexibility to improve the long-term ecological health of the Federal land. At the request of an authorized grazing permittee or lessee, for purposes of renewing a 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. The Secretary shall develop alternatives under paragraph (1) in consultation with— the applicable grazing permittee or lessee; affected Federal and State agencies; the Malheur C.E.O. Group; the Burns Paiute Tribe or the Fort McDermitt Paiute and Shoshone Tribes, as applicable; other landowners in the affected allotment; and interested members of the public. If an applicable monitoring plan has been adopted under paragraph (4), in order to improve long-term ecological health, on the request of an authorized grazing permittee or lessee, the Secretary shall, using new and existing data, allow a variance to the terms and conditions of the existing applicable grazing permit or lease for the applicable year due to significant changes in weather, forage production, effects of fire or drought, or other temporary conditions— 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— 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— not earlier than 14 days before the beginning date specified in the applicable permit or lease; and not later than 14 days after the ending date specified in the applicable permit or lease; and 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; to adjust the dates for pasture rotation based on average vegetation stage and soil condition 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; to adjust the placement of water structures for livestock or wildlife by not more than 100 yards from an associated existing road, pipeline, or structure, subject to applicable laws 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 in a case in which the monitoring plan adopted under paragraph (4) indicates alterations in the operational flexibilities are necessary to achieve ecological health or avoid immediate ecological degradation of the allotment or allotment area, to adjust the operational flexibilities immediately, subject to the requirement that the authorized grazing permittee or lessee shall provide written notice of the adjustment to the Bureau and the individuals and entities described in subparagraphs (B) through (F) of paragraph (2). The Secretary shall adopt cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under paragraph (1) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land under the program, in consultation with grazing permittees or lessees and other individuals and entities described in paragraph (2), using existing or new scientifically supportable data. A monitoring plan adopted under clause (i) shall— identify situations in which providing operational flexibility in grazing permit or lease uses under the program is appropriate to improve long-term ecological health of the Federal land; identify ways in which progress under the program would be measured toward long-term ecological health of the Federal land; include for projects monitored under the program— a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; a description of monitoring methods and protocols; a schedule for collecting data; an identification of the responsible party for data collection and storage; an evaluation schedule; a description of the anticipated use of the data; provisions for adjusting any components of the monitoring plan; and a description of the method to communicate the criteria for adjusting livestock grazing use; and 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. The Secretary shall adopt cooperative rangeland utilization monitoring plans and rangeland health objectives to apply to actions taken under paragraph (3) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land identified for flexible use under the program. A monitoring plan developed under clause (i) shall— evaluate the percent utilization of available forage; identify the appropriate percentage of utilization for the feed type, ecosystem, time of year, and type of animal using the allotment; include— a description of the utilization standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; a description of utilization evaluation protocol; an evaluation schedule identifying periods during which utilization data will be collected; provisions for adjusting any components of the monitoring plan, including acceptance of data from identified third parties; and a description of the method to communicate the criteria for adjusting livestock grazing use based on the on-the-ground conditions after the period of use; and 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. If the Secretary determines that an alternative considered under the program that provides operational flexibility is the preferred alternative, the Secretary shall— incorporate the alternative, including applicable monitoring plans adopted under paragraph (4), into the terms and conditions of the applicable grazing permit or lease; and specify how the monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program. Before implementing any measure for purposes of operational flexibility with respect to a grazing use authorized under the terms and conditions of a permit or lease with respect to which an alternative has been incorporated under subparagraph (A), the grazing permittee or lessee shall notify the Secretary in writing of the proposed adjustment. 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. Subject to subparagraph (B), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the program to determine whether the objectives of the program are being met. The review of the program under subparagraph (A) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program. If, based on the review conducted under paragraph (1), the Secretary determines that the objectives of the program are not being met, the Secretary shall, on the date that is 10 years after the date of enactment of this Act— modify the program in a manner to ensure that the objectives of the program would be met; or terminate the program. Nothing in this Act— 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.); 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 precludes the Secretary from modifying or terminating an existing permit or lease in accordance with applicable law (including regulations).

4. Malheur C.E.O. Group In this section: 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. The term Federal agency means an agency or department of the Government of the United States. The term Federal agency includes— the Bureau of Reclamation; the Bureau of Indian Affairs; the Bureau; the United States Fish and Wildlife Service; and the Natural Resources Conservation Service. The term quorum means 1 more than 1/2 of the voting members of the Malheur C.E.O. Group. There is established the Malheur C.E.O. Group to assist in carrying out this section. The Malheur C.E.O. Group shall consist of 18 members, to be appointed in accordance with paragraph (2), including— 5 voting members who represent private interests, of whom— 3 members represent livestock grazing interests, of whom— 1 member resides in the northern 1/3 of the County; 1 member resides in the center 1/3 of the County; and 1 member resides in the southern 1/3 of the County; 1 member is in the recreation or tourism industry; and 1 member is from an applicable irrigation district; 2 voting members who represent the environmental community, 1 of whom is based in the County; 1 voting member who represents the hunting or fishing community; 2 voting members who are representatives of Indian Tribes, of whom— 1 member shall be a representative of the Burns Paiute Tribe; and 1 member shall be a representative of the Fort McDermitt Paiute and Shoshone Tribes; 2 nonvoting members who are representatives of Federal agencies with authority and responsibility in the County and who shall provide technical assistance, 1 of whom shall represent the Bureau; 2 nonvoting members who are representatives of State agencies with authority and responsibility in the County and who shall provide technical assistance, of whom— 1 member shall be from the State Department of Fish and Wildlife; and 1 member shall be from the State Parks Department; and 4 nonvoting members who are representatives of units of local government within the County and who shall provide technical assistance, 1 of whom shall be from the County weeds eradication department. A member of the Malheur C.E.O. Group representing a Federal agency or State or local agency shall be appointed by the head of the applicable agency. A member of the Malheur C.E.O. Group representing private interests shall be appointed by the applicable represented groups. A member of the Malheur C.E.O. Group shall serve for a term of 3 years. A vacancy on the Malheur C.E.O. Group shall be filled in the manner described in subparagraph (A). The Malheur C.E.O. Group shall propose eligible projects described in paragraph (2) on 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. An eligible project referred to in paragraph (1) is a project— that complies with existing law (including regulations); and relating to— ecological restoration, including development, planning, and implementation; range improvements for the purpose of providing more efficient and effective ecologically beneficial management of domestic livestock, fish, wildlife, or habitat; invasive species management or eradication, including invasive weeds, vegetation, fish, or wildlife; restoration of springs and related water infrastructure to enhance the availability of sustainable flows of freshwater for livestock, fish, or wildlife; conservation of cultural sites; economic development or recreation management; or research, monitoring, or analysis. 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. If an eligible project described in subparagraph (A) is not approved by the head of the applicable Federal agency, not later than 14 business 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. 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— the eligible project may not be carried out on Federal land; and no Federal funds may be used for an eligible project that is agreed to in accordance with this paragraph. The Malheur C.E.O. Group may— accept and place into a trust fund any donations, grants, or other funds received by the Malheur C.E.O. Group; and use amounts placed into a trust fund under paragraph (1) to carry out eligible projects approved in accordance with this section, including eligible projects carried out on Federal land or water or using Federal funds, if the project is approved by the head of the applicable Federal agency. The Federal share of the total cost of an eligible project carried out using amounts made available under subsection (i) shall be not more than 75 percent. The non-Federal contribution required under subparagraph (A) may be provided in the form of in-kind contributions. 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. 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. The Malheur C.E.O. Group shall conduct all meetings subject to applicable open meeting and public participation laws. 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. 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. There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2024 through 2034. Amounts made available under paragraph (1) shall be maintained and distributed by the Secretary. Not more than more than 5 percent of amounts made available under paragraph (1) for a fiscal year may be used for the administration of this Act. Of the amounts made available under paragraph (1), not more than 10 percent may be made available for a fiscal year to provide grants to the Malheur C.E.O. Group. The activities of the Malheur C.E.O. Group shall supplement, and not replace, existing activities to manage the natural resources of the County. 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.

5. Land designations In this section, the term wilderness area means a wilderness area designated by subsection (b)(1). In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the County comprising approximately 1,102,393 acres, as generally depicted on the referenced maps, is designated as wilderness and as components of the National Wilderness Preservation System: Certain Federal land, comprising approximately 61,647 acres, as generally depicted on the map entitled Proposed Wilderness Trout Creek–Oregon Canyon Group and dated December 12, 2023, which shall be known as the Fifteenmile Creek Wilderness. Certain Federal land, comprising approximately 53,559 acres, as generally depicted on the map entitled Proposed Wilderness Trout Creek–Oregon Canyon Group and dated December 12, 2023, which shall be known as the Oregon Canyon Mountains Wilderness. Certain Federal land, comprising approximately 38,099 acres, as generally depicted on the map entitled Proposed Wilderness Trout Creek–Oregon Canyon Group and dated December 12, 2023, which shall be known as the Twelvemile Creek Wilderness. Certain Federal land, comprising approximately 93,199 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Upper West Little Owyhee Wilderness. Certain Federal land, comprising approximately 66,242 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Lookout Butte Wilderness. Certain Federal land, comprising approximately 211,679 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Mary Gautreaux Owyhee River Canyon Wilderness. Certain Federal land, comprising approximately 12,058 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Black Butte Wilderness. Certain Federal land, comprising approximately 18,150 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Twin Butte Wilderness. Certain Federal land, comprising approximately 31,934 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Oregon Butte Wilderness. Certain Federal land, comprising approximately 8,953 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Mahogany Butte Wilderness. Certain Federal land, comprising approximately 12,250 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Deer Flat Wilderness. Certain Federal, comprising approximately 9,574 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Sacramento Hill Wilderness. Certain Federal land, comprising approximately 7,152 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Deadman Butte Wilderness. Certain Federal land, comprising approximately 44,238 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the Big Grassey Wilderness. Certain Federal land, comprising approximately 5,276 acres, as generally depicted on the map entitled Proposed Wilderness Upper Owyhee and dated December 12, 2023, which shall be known as the North Fork Owyhee Wilderness. Certain Federal land, comprising approximately 77,121 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Mary Gautreaux Lower Owyhee Canyon Wilderness. Certain Federal land, comprising approximately 29,255 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Jordan Craters Wilderness. Certain Federal land, comprising approximately 31,637 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Owyhee Breaks Wilderness. Certain Federal land, comprising approximately 33,209 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Dry Creek Wilderness. Certain Federal land, comprising approximately 88,289 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Dry Creek Buttes Wilderness. Certain Federal land, comprising approximately 2,997 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Upper Leslie Gulch Wilderness. Certain Federal land, comprising approximately 7,534 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Slocum Creek Wilderness. Certain Federal land, comprising approximately 41,122 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Honeycombs Wilderness. Certain Federal land, comprising approximately 18,402 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Wild Horse Basin Wilderness. Certain Federal land, comprising approximately 32,943 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Quartz Mountain Wilderness. Certain Federal land, comprising approximately 5,909 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as The Tongue Wilderness. Certain Federal land, comprising approximately 12,462 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Three Fingers Rock North Wilderness. Certain Federal land, comprising approximately 8,115 acres, as generally depicted on the map entitled Proposed Wilderness Lower Owyhee and dated December 12, 2023, which shall be known as the Burnt Mountain Wilderness. Certain Federal land, comprising approximately 72,597 acres, as generally depicted on the map entitled Proposed Wilderness Camp Creek Group and dated December 12, 2023, which shall be known as the Camp Creek Wilderness. 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. 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. 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. 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 of that Act shall be considered to be a reference to the date of enactment of this Act; and any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. 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— section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and 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). Nothing in this Act requires the closure of any adjacent road outside the boundary of a wilderness area. 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— consistent with applicable wilderness management plans; and conducted 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). 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. 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), 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. Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the Clarks Butte Wilderness Study Area, Saddle Butte Wilderness Study Area, and Bowden Hills Wilderness Study Area have been adequately studied for wilderness designation. Except as provided in paragraph (2), the land described in subparagraph (A)— is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including any applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712). Any portion of the Federal land that was previously determined by the Secretary to be land with wilderness characteristics that is not designated as wilderness by subsection (b)(1) and is not designated on the Map as land with wilderness characteristics shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).