Overview
Title
To provide for the establishment of a grazing management program on Federal land in Malheur County, Oregon, and for other purposes.
ELI5 AI
H.R. 10082 is like a plan to take care of special lands in Oregon by letting cows roam around more easily when needed, while also making sure wild plants and animals are safe. It also gives a group of Native Americans control over some land and promises to pay ranchers if they have to change their cow-raising plans.
Summary AI
H.R. 10082, titled the "Oregon Owyhee Wilderness and Community Protection Act," proposes establishing a grazing management program on federal lands in Malheur County, Oregon. It aims to provide authorized grazing permittees and lessees with flexibility in grazing practices, taking into account changing conditions and ecological health standards. The bill also designates certain federal lands in the area as wilderness areas, ensuring their protection and management while supporting fire suppression, invasive species control, and livestock grazing rights. Additionally, it includes provisions for land conveyance to the Burns Paiute Tribe and co-stewardship agreements for certain areas to protect cultural and natural resources.
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Bill Statistics
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as the "Oregon Owyhee Wilderness and Community Protection Act," outlines the establishment of a grazing management program on federal lands in Malheur County, Oregon. Key components of the bill include specifying guidelines for grazing management, forming an oversight group, and designating wilderness areas for conservation. It also includes provisions for land conveyances to the Burns Paiute Tribe and stresses the importance of managing lands to prevent wildfires and control invasive species.
Summary of Significant Issues
Complex Operational Flexibility Conditions: The bill's definition of "Operational Flexibility" involves complex conditions for adjusting livestock grazing and water sources. This complexity might hinder understanding among stakeholders and lead to potential misinterpretations.
Motorized Use in Wilderness Areas: Allowing motorized use and mechanical equipment in designated wilderness areas, mainly for activities like fire suppression and invasive species control, seems to conflict with traditional wilderness protection principles, potentially causing environmental impacts.
Cost Implications for Land Conveyance: The bill does not clearly outline the financial implications or who will bear the costs for land conveyed to be held in trust. This lack of specificity raises concerns about budgetary responsibilities and fiscal accountability.
Consensus Requirement for Decision-Making: The mandate for consensus in decision-making within the Malheur C.E.O. Group introduces challenges, as achieving unanimous votes might delay the implementation of projects and initiatives.
Ambiguity in Reasonable Access: The term "reasonable access" lacks a clear definition, possibly leading to disputes over land access rights, especially in the context of wilderness areas.
Impact on the Public
The bill aims to balance conservation efforts with economic activities, like grazing, by providing flexible management practices. While these goals are broadly beneficial in maintaining ecological health and supporting local economies, the high level of detail and complexity in the legislation poses a challenge for the general public to comprehend fully. This could affect public understanding and support for the bill, as well as potentially leading to unintended environmental and economic outcomes.
Impact on Specific Stakeholders
Local Communities and Ranchers: By clarifying grazing practices and enhancing flexibility, the bill potentially benefits local ranchers who rely on these lands for their livelihoods. However, the bureaucratic complexities and administrative requirements might pose challenges, and the costs associated with complying with new regulations could be burdensome.
Conservationists: While the bill designates wilderness areas and recognizes the need to maintain ecosystems, conservationists might be concerned about the motorized access allowed within these protected zones. This access may undermine stringent conservation efforts.
Burns Paiute Tribe: The transfer of land into trust marks a significant step in recognizing tribal rights and sovereignty. However, the requirements for land management and compensation for grazing rights cancellation may complicate the benefits conveyed.
Government Agencies and Oversight Bodies: The responsibilities outlined for implementing the bill's provisions are substantial and require precise coordination amongst federal, state, and local agencies, potentially stretching resources and complicating effective management.
Overall, the bill presents a comprehensive approach to managing federal lands with stakeholder interests in mind, aiming for ecological sustainability and economic viability. However, the intricacies and potential conflicts embedded in the bill's language necessitate careful execution to ensure intended outcomes are achieved effectively.
Financial Assessment
In examining the financial aspects of H.R. 10082, while the bill does not focus primarily on financial allocations or budgeting, it does contain provisions that carry potential financial implications. A key reference found is in Section 6, which allows the Burns Paiute Tribe to cancel grazing within the lands held in trust. Notably, the Tribe would be responsible for compensating grazing permittees at a rate of $100 per each Permitted Use Animal Unit Month that is canceled. This financial responsibility underscores the need for the Tribe to consider the economic impact of such cancellations carefully.
Financial Implications and Responsibilities
Compensation Arrangements: The bill specifies that if the Burns Paiute Tribe decides to cancel grazing rights in areas to be held in trust, they must compensate grazing permittees. This compensation involves a specific payout amount, ensuring that those affected financially by the cancellation receive restitution. This provision ties back to the broader issue of fiscal accountability mentioned in the issues list, as it adds a layer of financial complexity and obligation for the Tribe while protecting the economic interests of the grazers.
Fiscal Responsibility and Transparency
Unclear Financial Outcomes: The bill does not detail any additional federal spending, appropriations, or allocations for other sections, such as the establishment of grazing management programs or the management of new wilderness areas. This omission raises fiscal accountability concerns, echoing the identified issue about the lack of financial specification in the land conveyance process to the Burns Paiute Tribe. Without clear financial frameworks or guidelines, there may be confusion over who bears the costs associated with implementing or managing the proposed changes and protections in the bill.
Overall, while the financial references in H.R. 10082 are limited, they highlight specific obligations for the Burns Paiute Tribe, potentially impacting their budgeting and planning. The bill's lack of detailed financial allocations or mechanisms elsewhere leaves open questions about how various initiatives will be funded and managed, thus nudging stakeholders towards consideration of these crucial financial aspects.
Issues
The definition of 'Operational Flexibility' in Section 2 includes complex conditions for seasonal adjustments of livestock grazing and water source placement, which might be difficult for stakeholders to understand, potentially leading to misinterpretation and unintended outcomes.
Section 5 permits motorized use of roads within and adjacent to wilderness areas for various activities, such as fire suppression and invasive species control, which could conflict with traditional wilderness preservation principles and lead to environmental degradation.
The allowance for mechanical equipment usage in designated wilderness areas, as stated in Section 5, could lead to environmental concerns and potentially undermine the objectives of wilderness protection.
In Section 6, the process of conveying federal land to the Burns Paiute Tribe for trust without specifying financial implications or cost responsibility creates potential budgetary concerns and issues of fiscal accountability.
The requirement in Section 4 for consensus decision-making within the Malheur C.E.O. Group introduces potential barriers to timely decision-making due to the need for unanimous votes, potentially stalling projects and actions.
Ambiguity exists in Section 5, where the term 'reasonable access' is used without a clear definition, which might result in disputes over land access rights in wilderness areas.
Open-ended acceptance of donations and funding by the Malheur C.E.O. Group in Section 4 without specific guidelines raises ethical concerns about potential external influence and transparency.
The process for public participation and transparency mentioned in Section 4 is not clearly outlined, which could lead to insufficient stakeholder engagement and oversight.
The short notice requirement of only 2 business days for adjustments to grazing permits in Section 3 may create administrative challenges and affect permittees' ability to respond appropriately.
The lack of oversight mechanisms or accountability measures for implementing wilderness designations and management plans in Section 5 introduces risks of mismanagement and non-compliance with conservation goals.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
In Section 1, the bill is given the short title "Oregon Owyhee Wilderness and Community Protection Act," which means it can be referred to by this name.
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms used in the Act, such as "Bureau" referring to the Bureau of Land Management, "County" meaning Malheur County, Oregon, and "Federal land" indicating land in the County managed by the Bureau. It also defines terms like "Secretary" for the Secretary of the Interior, "State" as the State of Oregon, "Malheur C.E.O. Group" as a specific group created under section 4(b), "operational flexibility" regarding grazing adjustments, and "program" as the Malheur County Grazing Management Program.
3. Malheur County Grazing Management Program Read Opens in new tab
Summary AI
The Malheur County Grazing Management Program allows grazing permit holders to have more flexibility in adjusting grazing practices based on changing conditions like weather or drought. It includes guidelines for modifying the timing of grazing and managing water structures, while monitoring ecological impacts to ensure that land health standards are met.
4. Malheur C.E.O. Group Read Opens in new tab
Summary AI
The Malheur C.E.O. Group is established to help manage natural resources in the County by proposing and carrying out projects related to ecological restoration, conservation, and economic development. The group consists of eight members and can use donations and federal funds, but any project on federal land must be approved by the relevant federal agency, and it can prioritize projects that improve ecological health.
5. Wilderness designations and other land designations and related management to designations Read Opens in new tab
Summary AI
The text outlines various wilderness areas in a county, detailing their size and placing them under the National Wilderness Preservation System. It specifies how these areas will be managed, including provisions for livestock grazing, road access, and wildlife management while ensuring existing land uses are respected and the land not designated as wilderness is used differently.
6. Land conveyances to burns paiute tribe and castle rock co-stewardship area Read Opens in new tab
Summary AI
The bill outlines the transfer of specific lands in Oregon to the United States to be held in trust for the Burns Paiute Tribe, including the Jonesboro Ranch, Road Gulch, Black Canyon, and Castle Rock areas. Additionally, it establishes guidelines for managing these lands, such as allowing continued grazing, protecting cultural resources, and collaborating with the Tribe in co-stewardship activities, while ensuring existing land use rights remain unaffected.
Money References
- (ii) Should the Burns Paiute Tribe decide, in its sole discretion, to cancel grazing within the Land to be held in Trust, i.e., “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 (10/1/2005 Edition), to cancel any Permitted Use Animal Unit Months within the Trust Land, except that, in addition to payment for the reasonable compensation for the value of any public land range improvements within the Trust Land as provided for in 43 CFR 4110.4–2(b) (10/1/2005 Edition), the Grazing Permittee(s) shall also be paid by the Tribe, at its sole expense, the sum of $100 per each Permitted Use Animal Unit Month that is cancelled; and (III) upon the effectiveness of the cancellation of grazing within the Trust Land, the Tribe shall fence out, at its sole expense, and shall maintain the fence, at its sole expense, the Trust Land from the adjacent land to ensure no drift of livestock occurs from adjacent land.
7. Future protection of fire suppression, invasive species control, and livestock production values on Federal land in County Read Opens in new tab
Summary AI
Congress highlights the importance of protecting against wildfires, invasive species, and preserving livestock production on certain federal lands, allowing actions like using helicopters if necessary. Livestock grazing is to be managed according to existing laws, ensuring it's not restricted, especially on non-wilderness designated lands.