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Oregon Desert Conservation Act

Legislative Bill Outline

Draft V

[As iterations progress, precise legislative language will be incorporated. When appropriate, relevant sections will be lifted from recently enacted legislation.]

II Findings The Congress finds and declares:

1. The Oregon Desert is a region of magnificent beauty and grandeur and constitutes an important aspect of our national and natural heritage, and should be passed on restored and intact for the benefit and enjoyment of future generations.

2. The Oregon Desert is a region of high biological diversity, including plant and animal species unique to the area and several species, which are in perilous decline due to the destruction and modification of habitat and other human activities.

3. The Oregon Desert contains numerous important mountainous watersheds which retain and release water and, if properly managed, can guarantee populations downstream a steady and assured supply of clean, high quality water for agricultural, industrial, municipal, fish, wildlife and recreational purposes during the dry months.

4. The Oregon Desert is of cultural and religious significance to Native Americans.

5. The Oregon Desert is an important recreational resource to the nation.

6. The Oregon Desert provides opportunities for scientific study and research, which may advance medical knowledge and aid in the prevention, cure, or treatment of disease.

7. Oregon Desert streams and rivers support natural wild runs of salmon and resident coldwater fish, including species unique to the Oregon Desert, that depend on a quality and quantity of water for migration, spawning, and rearing, and that can only be maintained by protecting streams from harmful human activities.

8. The Oregon Desert contains pristine grasslands and other ecosystems, and also contains ecosystems capable of restoration to a productive state for the benefit of fish, wildlife, plants, water, and recreation.

9. The Oregon Desert contains vast non-grazing economic values that are critical to the long-term economic stability and economic diversification of Eastern Oregon. The local economy of the Oregon Desert must change from being dependent upon the overutilization of natural resources to an economy that benefits from the conservation, restoration and enjoyment of native ecosystems.

10. The Oregon Desert contains a significant portion of the Desert Trail, a unique backcountry recreation opportunity, and the Oregon Trail, an important part of our historical heritage.

11. The Oregon Desert contains habitat for hundreds of thousands of waterfowl as well as other migratory and resident species of animals.

12. For the past 150 years, the policy of both government and private interests has been to graze domestic livestock in all possible areas, with the result of poor range condition, decimated stream corridors, and plant, fish, and wildlife populations in unsatisfactory condition.

13. If present trends continue, the Oregon Desert will be further degraded by inappropriate livestock grazing, geothermal development, industrial recreation and mining, especially by the method of using highly toxic cyanide.

14. Numerous reputable studies have determined that the vast majority of the public's rangelands is in unsatisfactory condition, and in critical need of restoration.

15. Low-level military overflights are harmful to the human residents of and visitors to and the wildlife populations of the Oregon Desert.

III Purposes

1. To conserve and restore the native biological diversity of the Oregon Desert for the benefit of this and future generations.

2. To protect areas of outstanding ecological, scientific, biological, aesthetic and recreational interest.

IV Definitions

a. Oregon Desert (reference to official map)

b. Fair Market Value

c. etc.

V National Wilderness System Additions (6,293,209 acres)

a.

b. Withdraws Wilderness units from all forms of location, leasing, sale and disposal under mining laws and the Geothermal Steam Act

c. Authorizes fee acquisition from willing sellers.

d. Units are Class I Airsheds under the Clean Air Act.

e. Expressed Federal Reserved Water-Right.

f. Allow the reintroduction of bighorn sheep and other native wildlife where necessary.

g. Prohibit animal damage control activities.

h. Boundaries of areas are to legal rights-of-way or legal property boundaries.

j. Private inholdings in Wilderness are not subject to eminent domain and have traditional access as accorded by existing law.

VI National Park System Additions (233,966 acres)

a. National Monuments

1. Jordan Craters (84,430 acres)

2. Lost Forest-Shifting Sand Dunes (36,624 acres)

3. Diamond Craters (16,656 acres)

3. Fort Rock Lava Beds (96,256 acres)

b. Withdraw from all forms of location, leasing, sale and disposal under mining laws and the Geothermal Steam Act

c. Authorization for fee acquisition from willing sellers and eminent domain (can't condemn state interests)

d. Wilderness and Wild & Scenic Rivers Overlap: Most Protective or Restrictive Applies

e. Significant Thermal Features will be protected.

f. Units are Class I Airsheds under the Clean Air Act.

g. Expressed Federal Reserved Water Right.

h. No commercial concession complexes within any Unit.

i. Prohibits animal damage control activities.

j. Private inholdings in NPS units may be subject to eminent domain, are a priority for acquisition and have traditional access as accorded by existing law.

VII National Wildlife Refuge System Additions (543,682 acres)

a. Hart Mountain National Wildlife Refuge Additions (353,768 acres)

1. Managed under existing authorities for Hart Mountain NWR.

2. The Hart Mountain National Antelope Refuge is renamed the Hart Mountain National Wildlife Refuge.

3. Authorize purchase of inholdings (state and private). All Federal Lands are part of the Refuge.

6. No federal funds to pave Plush–Frenchglen Road/No paving or binding of roads in National Wildlife Refuge.

b. Malheur National Wildlife Refuge Additions (101,079 acres)

1. The boundary of the Malheur National Wildlife Refuge is expanded as shown on a map dated XXXXXX.

2. The Fish and Wildlife Service is authorized to acquire state or private lands within the Refuge boundary from willing sellers.

3. If desirable, the Service may acquire interests in lands, adjacent to, but outside of the refuge boundary, if they are part and parcel of a holding that includes lands within the refuge boundary. The Service may retain said lands if it determines them to have wildlife values important to the United States. Otherwise, they may be disposed.

3. Landowners within the lake are eligible for one-more round of federal flood relief funds. No federal funds would be available for additional flood events.

4. If requested by a landowner, the Federal Emergency Management Agency shall transfer any federal flood-relief funds for which a landowner would be eligible to the Fish and Wildlife Service for the sole purpose of assisting that agency in acquiring said lands.

5. Subject to valid existing rights, any Bureau of Land Management holdings within the new refuge boundary are transferred to the Fish and Wildlife Service for inclusion in the Malheur National Wildlife Refuge.

6. The Fish and Wildlife Service shall study, and report to Congress within three years, the feasibility of restoring the Blitzen Valley and Silver Lake units of the Malheur National Wildlife Refuge to a natural wetland and water flow regime. It shall consider both the ecological and economic costs and benefits.

c. Lake Abert National Wildlife Refuge (41,154 acres).

1. Establishment

2. Purposes: manage for waterfowl and other wildlife in a natural state as possible.

d. Columbia Plateau National Wildlife Refuge (47,627 acres).

1. When the US Navy's Boardman Bombing Range is found to no longer be needed for military purposes, it shall be transferred to the US Fish and Wildlife Service and managed as a unit of the National Wildlife Refuge System.

2. Establishment

3. Purposes: manage for the conservation and restoration of wildlife species native to the area and to return as natural a condition as possible.

e. Withdraw from all forms of location, leasing, sale and disposal under mining laws and the Geothermal Steam Act

f. Wilderness and Wild & Scenic Rivers Overlap: Most Protective Applies.

g. Authorization for fee acquisition from willing sellers and eminent domain (can't condemn state interests).

h. Expressed Federal Reserved Water Right.

i. Prohibits animal damage control activities.

j. Secure adequate flows of water for authorized purposes.

k. Private inholdings in NWRS units may be subject to eminent domain, are a priority for acquisition and have traditional access as accorded by existing law.

VIII National Conservation Areas (1,995,480 acres)

a. National Conservation Areas

1. Steens Mountain (903,759 acres)

2. Lower Owyhee (1,091,721 acres)

b. Withdraw from all forms of location, leasing, sale and disposal under mining laws and the Geothermal Steam Act

c. Authorization for fee acquisition from willing sellers and eminent domain (can't condemn state interests).

e. Wilderness and Wild & Scenic Rivers overlap: Most Protective or Restrictive Applies

e. Significant Thermal Features will be protected.

f. Units are Class I Airsheds under the Clean Air Act.

g. Expressed Federal Reserved Water Right

h. No commercial concession complexes within any Unit.

i. Prohibits animal damage control activities.

j. Private inholdings in NCA units may be subject to eminent domain, are a priority for acquisition and have traditional access as accorded by existing law.

IX Wild and Scenic Rivers (xxx miles)

a. Names of Segment Upper Terminus Lower Terminus Mileage

(To be added after agency eligibility determinations are completed.)

b. Provisions That Apply to All Designated Streams

1. Wilderness and Wild and Scenic Rivers overlap: most protective applies.

2. Withdraw from all forms of mineral location, leasing, sale and disposal under the mining laws and the Geothermal Steam Act

3. Authorization for fee acquisition.

4. Expressed Reserved Water Right

5. Prohibits animal damage control activities.

6. An average corridor of 640 acres per mile of stream.

X National Trails System (xxx miles)

a. Designation of The Desert Trail as a National Scenic Trail.

b. Establishment of one-mile wide trail management corridor for Desert National Scenic Trail for the purpose of maintaining and enhancing the natural desert recreation experience for the trail user.

1. Withdraw from all forms of mineral location, leasing, sale and disposal under the mining laws and the Geothermal Steam Act.

2. Authorization for fee acquisition of lands within management corridor.

3. Expressed reserved water right.

4. Prohibit animal damage control activities.

5. BLM, in consultation with the USFS, NPS, FWS, the Oregon Recreational Trails Advisory Committee and other interested parties, shall, within three years, make recommendations to Congress as to the feasibility and desirability of connecting hiking and/or horseback riding trails between the Pacific Crest Trail and the Desert Trail in Oregon.

6. In areas where the National Desert Trial management corridor overlaps with Wilderness, National Park System, National Conservation Area, Wild and Scenic River or National Wildlife Refuge System protections, the most restrictive shall apply.

XI Livestock Grazing Phase–Out and/or Retirement

a. Grazing, where currently occurring, is phased out in :

1. units of the National Park System;

2. units of the National Wildlife Refuge System;

3. National Conservation Areas;

4. units of the National Wild and Scenic Rivers System; and

5. units of the National Trails System.

b. Options for mandatory grazing phase-out in areas listed in "a" above:

1. Quit Anytime: Paid fair market value (FMV) for AUMs Permit; or

2. Free Grazing: Until 10 years after the expiration of existing 10-year permit.

c. Voluntary retirement option for all allotments within the Oregon Desert.

1. Quit Anytime: Paid fair market value (FMV) for AUMs Permit

d. Savings Clause: This giving here does not constitute a taking elsewhere.

XII Mining

a. The Secretary is authorized to acquire, by either gift, bequest or by payment at fair market value, the rights and interests in mining claims within the National Conservation Areas, or units of the National Wilderness, National Park, National Wild and Scenic Rivers, National Wildlife Refuge or National Trails systems.

b. Within five years the managing agency shall assess validity of all mining claims within the Oregon Desert which are within National Conservation Areas, or units of the National Park System, National Wildlife Refuge System, National Wilderness System, National Trails System, or National Wild and Scenic Rivers System and shall report to Congress on their findings and estimate the cost of acquiring valid claims within these units.

c. Cyanide heap leach mining and the generation and transportation of geothermal electrical power within the Oregon Desert is prohibited.

XIII Economic Assistance and Transition

a. Payment In Lieu of Taxes Specific Reforms for Oregon Desert.

b. Authorization for Appropriations for Oregon Desert Visitors' Centers managed by the Bureau of Land Management, in cooperation with the National Park Service, Fish and Wildlife Service and Forest Service to be located within the city limits of:

1. Lakeview

2. Burns

3. Prineville

4. Vale/Ontario

5. Bend

c. Authorization for Local Community Development Grants for sustainable development projects consistent with the conservation and use of the Oregon Desert, where consistent with the findings and purposes of this Act.

(INCORPORATE OREGON CHAPTER SIERRA CLUB'S HIGH DESERT COMMITTEE [BORDEN] LANGUAGE)

XIV Study Provision for Biological Diversity

a. Within three years the US Fish and Wildlife Service, with the cooperation of the US Forest Service, National Park Service, Bureau of Land Management, National Biological Service of the US Geological Survey, shall report to Congress on:

1. what additional measures and actions that are necessary to conserve, protect and restore the biological diversity of the Oregon Desert across the landscape and over time, including the conservation of threatened and endangered species.

2. Recommendations to reintroduce extirpated plant, fish and wildlife species and the control or elimination of exotic plants and animals.

3. Natural communities and ecosystems as they currently exist and existed prior to European settlement.

4. the status of Pacific Salmon within the Oregon Desert and steps desirable and necessary to improve their numbers and health.

XV Citizen Enforcement

a. Establishment of standing for citizens to bring action in federal district court against agencies and individuals who violate this Act.

b. Award of fees and costs to prevailing plaintiffs.

XVII Other Provisions

a. Military Overflights are regulated to be above 10,000 feet above terrain:

1. National Park System;

2. National Wilderness System;

3. National Wild and Scenic Rivers System;

4. National Wildlife Refuge System;

5. National Conservation Areas; and

6. National Trails System.

b. Nothing in this act shall be construed to affect any Native American rights.

c. There is authorized to be established and maintained an The Denzel Ferguson Oregon Desert Environmental Learning Center at the Malheur Field Station on the Malheur National Wildlife Refuge.

d. General savings clause on constitutionality.

XVII Authorization for Appropriations

a. $100 Million to carry out the purposes of this Act.

[The major difference between drafts IV and V is the inclusion of acreage numbers.]