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[House Report 106-929]
[From the U.S. Government Publishing Office]

106th Congress                                            Rept. 106-929
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
   STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION ACT OF 2000

                                _______
                                

October 3, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4828]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4828) to designate wilderness areas and a cooperative 
management and protection area in the vicinity of Steens 
Mountain in Harney County, Oregon, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; PURPOSES; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Steens Mountain 
Cooperative Management and Protection Act of 2000''.
  (b) Purposes.--The purposes of this Act are the following:
          (1) To maintain the cultural, economic, ecological, and 
        social health of the Steens Mountain area in Harney County, 
        Oregon.
          (2) To designate the Steens Mountain Wilderness Area.
          (3) To designate the Steens Mountain Cooperative Management 
        and Protection Area.
          (4) To provide for the acquisition of private lands through 
        exchange for inclusion in the Wilderness Area and the 
        Cooperative Management and Protection Area.
          (5) To provide for and expand cooperative management 
        activities between public and private landowners in the 
        vicinity of the Wilderness Area and surrounding lands.
          (6) To authorize the purchase of land and development and 
        nondevelopment rights.
          (7) To designate additional components of the National Wild 
        and Scenic Rivers System.
          (8) To establish a reserve for redband trout and a wildlands 
        juniper management area.
          (9) To establish a citizens' management advisory council for 
        the Cooperative Management and Protection Area.
          (10) To maintain and enhance cooperative and innovative 
        management practices between the public and private land 
        managers in the Cooperative Management and Protection Area.
          (11) To promote viable and sustainable grazing and recreation 
        operations on private and public lands.
          (12) To conserve, protect, and manage for healthy watersheds 
        and the long-term ecological integrity of Steens Mountain.
          (13) To authorize only such uses on Federal lands in the 
        Cooperative Management and Protection Area that are consistent 
        with the purposes of this Act.
  (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; purposes; table of contents.
Sec. 2. Definitions.
Sec. 3. Maps and legal descriptions.
Sec. 4. Valid existing rights.
Sec. 5. Protection of tribal rights.

  TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

                  Subtitle A--Designation and Purposes

Sec. 101. Designation of Steens Mountain Cooperative Management and 
Protection Area.
Sec. 102. Purpose and objectives of Cooperative Management and 
Protection Area.

                Subtitle B--Management of Federal Lands

Sec. 111. Management authorities and purposes.
Sec. 112. Roads and travel access.
Sec. 113. Land use authorities.
Sec. 114. Land acquisition authority.
Sec. 115. Special use permits.

                   Subtitle C--Cooperative Management

Sec. 121. Cooperative management agreements.
Sec. 122. Cooperative efforts to control development and encourage 
conservation.

                      Subtitle D--Advisory Council

Sec. 131. Establishment of advisory council.
Sec. 132. Advisory role in management activities.
Sec. 133. Science committee.

               TITLE II--STEENS MOUNTAIN WILDERNESS AREA

Sec. 201. Designation of Steens Mountain Wilderness Area.
Sec. 202. Administration of Wilderness Area.
Sec. 203. Water rights.
Sec. 204. Treatment of wilderness study areas.

          TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE

Sec. 301. Designation of streams for wild and scenic river status in 
Steens Mountain area.
Sec. 302. Donner und Blitzen River redband trout reserve.

                   TITLE IV--MINERAL WITHDRAWAL AREA

Sec. 401. Designation of mineral withdrawal area.
Sec. 402. Treatment of State lands and mineral interests.

      TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

Sec. 501. Wildlands juniper management area.
Sec. 502. Release from wilderness study area status.

                        TITLE VI--LAND EXCHANGES

Sec. 601. Land exchange, Roaring Springs Ranch.
Sec. 602. Land exchanges, C.M. Otley and Otley Brothers.
Sec. 603. Land exchange, Tom J. Davis Livestock, Incorporated.
Sec. 604. Land exchange, Lowther (Clemens) Ranch.
Sec. 605. General provisions applicable to land exchanges.

                     TITLE VII--FUNDING AUTHORITIES

Sec. 701. Authorization of appropriations.
Sec. 702. Use of land and water conservation fund.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Advisory council.--The term ``advisory council'' means 
        the Steens Mountain Advisory Council established by title IV.
          (2) Cooperative management agreement.--An agreement to plan 
        or implement (or both) cooperative recreation, ecological, 
        grazing, fishery, vegetation, prescribed fire, cultural site 
        protection, wildfire or other measures to beneficially meet 
        public use needs and the public land and private land 
        objectives of this Act.
          (3) Cooperative Management and Protection Area.--The term 
        ``Cooperative Management and Protection Area'' means the Steens 
        Mountain Cooperative Management and Protection Area designated 
        by title I.
          (4) Easements.--
                  (A) Conservation easement.--The term ``conservation 
                easement'' means a binding contractual agreement 
                between the Secretary and a landowner in the 
                Cooperative Management and Protection Area under which 
                the landowner, permanently or during a time period 
                specified in the agreement, agrees to conserve or 
                restore habitat, open space, scenic, or other 
                ecological resource values on the land covered by the 
                easement.
                  (B) Nondevelopment easement.--The term 
                ``nondevelopment easement'' means a binding contractual 
                agreement between the Secretary and a landowner in the 
                Cooperative Management and Protection Area that will, 
                permanently or during a time period specified in the 
                agreement--
                          (i) prevent or restrict development on the 
                        land covered by the easement; or
                          (ii) protect open space or viewshed.
          (5) Ecological integrity.--The term ``ecological integrity'' 
        means a landscape where ecological processes are functioning to 
        maintain the structure, composition, activity, and resilience 
        of the landscape over time, including--
                  (A) a complex of plant communities, habitats and 
                conditions representative of variable and sustainable 
                successional conditions; and
                  (B) the maintenance of biological diversity, soil 
                fertility, and genetic interchange.
          (6) Management plan.--The term ``management plan'' means the 
        management plan for the Cooperative Management and Protection 
        Area and the Wilderness Area required to be prepared by section 
        111(b).
          (7) Redband trout reserve.--The term ``Redband Trout 
        Reserve'' means the Donner und Blitzen Redband Trout Reserve 
        designated by section 302.
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Bureau of Land Management.
          (9) Science committee.--The term ``science committee'' means 
        the committee of independent scientists appointed under section 
        133.
          (10) Wilderness area.--The term ``Wilderness Area'' means the 
        Steens Mountain Wilderness Area designated by title II.

SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

  (a) Preparation and Submission.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall prepare and 
submit to Congress maps and legal descriptions of the following:
          (1) The Cooperative Management and Protection Area.
          (2) The Wilderness Area.
          (3) The wild and scenic river segments and redband trout 
        reserve designated by title III.
          (4) The mineral withdrawal area designated by title IV.
          (5) The wildlands juniper management area established by 
        title V.
          (6) The land exchanges required by title VI.
  (b) Legal Effect and Correction.--The maps and legal descriptions 
referred to in subsection (a) shall have the same force and effect as 
if included in this Act, except the Secretary may correct clerical and 
typographical errors in such maps and legal descriptions.
  (c) Public Availability.--Copies of the maps and legal descriptions 
referred to in subsection (a) shall be on file and available for public 
inspection in the Office of the Director of the Bureau of Land 
Management and in the appropriate office of the Bureau of Land 
Management in the State of Oregon.

SEC. 4. VALID EXISTING RIGHTS.

  Nothing in this Act shall effect any valid existing right.

SEC. 5. PROTECTION OF TRIBAL RIGHTS.

  Nothing in this Act shall be construed to diminish the rights of any 
Indian tribe. Nothing in this Act shall be construed to diminish tribal 
rights, including those of the Burns Paiute Tribe, regarding access to 
Federal lands for tribal activities, including spiritual, cultural, and 
traditional food gathering activities.

  TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

                  Subtitle A--Designation and Purposes

SEC. 101. DESIGNATION OF STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND 
                    PROTECTION AREA.

  (a) Designation.--The Secretary shall designate the Steens Mountain 
Cooperative Management and Protection Area consisting of approximately 
425,550 acres of Federal land located in Harney County, Oregon, in the 
vicinity of Steens Mountain, as generally depicted on the map entitled 
``Steens Mountain Boundary Map'' and dated September 18, 2000.
  (b) Contents of Map.--In addition to the general boundaries of the 
Cooperative Management and Protection Area, the map referred to in 
subsection (a) also depicts the general boundaries of the following:
          (1) The no livestock grazing area described in section 
        113(e).
          (2) The mineral withdrawal area designated by title IV.
          (3) The wildlands juniper management area established by 
        title V.

SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE MANAGEMENT AND 
                    PROTECTION AREA.

  (a) Purpose.--The purpose of the Cooperative Management and 
Protection Area is to conserve, protect, and manage the long-term 
ecological integrity of Steens Mountain for future and present 
generations.
  (b) Objectives.--To further the purpose specified in subsection (a), 
and consistent with such purpose, the Secretary shall manage the 
Cooperative Management and Protection Area for the benefit of present 
and future generations--
          (1) to maintain and enhance cooperative and innovative 
        management projects, programs and agreements between tribal, 
        public, and private interests in the Cooperative Management and 
        Protection Area;
          (2) to promote grazing, recreation, historic, and other uses 
        that are sustainable;
          (3) to conserve, protect and to ensure traditional access to 
        cultural, gathering, religious, and archaeological sites by the 
        Burns Paiute Tribe on Federal lands and to promote cooperation 
        with private landowners;
          (4) to ensure the conservation, protection, and improved 
        management of the ecological, social, and economic environment 
        of the Cooperative Management and Protection Area, including 
        geological, biological, wildlife, riparian, and scenic 
        resources; and
          (5) to promote and foster cooperation, communication, and 
        understanding and to reduce conflict between Steens Mountain 
        users and interests.

                Subtitle B--Management of Federal Lands

SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.

  (a) In General.--The Secretary shall manage all Federal lands 
included in the Cooperative Management and Protection Area pursuant to 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.) and other applicable provisions of law, including this Act, in a 
manner that--
          (1) ensures the conservation, protection, and improved 
        management of the ecological, social and economic environment 
        of the Cooperative Management and Protection Area, including 
        geological, biological, wildlife, riparian, and scenic 
        resources, North American Indian tribal and cultural and 
        archaeological resource sites, and additional cultural and 
        historic sites; and
          (2) recognizes and allows current and historic recreational 
        use.
  (b) Management Plan.--Within four years after the date of the 
enactment of this Act, the Secretary shall develop a comprehensive plan 
for the long-range protection and management of the Federal lands 
included in the Cooperative Management and Protection Area, including 
the Wilderness Area. The plan shall--
          (1) describe the appropriate uses and management of the 
        Cooperative Management and Protection Area consistent with this 
        Act;
          (2) incorporate, as appropriate, decisions contained in any 
        current or future management or activity plan for the 
        Cooperative Management and Protection Area and use information 
        developed in previous studies of the lands within or adjacent 
        to the Cooperative Management and Protection Area;
          (3) provide for coordination with State, county, and private 
        local landowners and the Burns Paiute Tribe; and
          (4) determine measurable and achievable management 
        objectives, consistent with the management objectives in 
        section 102, to ensure the ecological integrity of the area.
  (c) Monitoring.--The Secretary shall implement a monitoring program 
for Federal lands in the Cooperative Management and Protection Area so 
that progress towards ecological integrity objectives can be 
determined.

SEC. 112. ROADS AND TRAVEL ACCESS.

  (a) Transportation Plan.--The management plan shall include, as an 
integral part, a comprehensive transportation plan for the Federal 
lands included in the Cooperative Management and Protection Area, which 
shall address the maintenance, improvement, and closure of roads and 
trails as well as travel access.
  (b) Prohibition on Off-Road Motorized Travel.--
          (1) Prohibition.--The use of motorized or mechanized vehicles 
        on Federal lands included in the Cooperative Management and 
        Protection Area--
                  (A) is prohibited off road; and
                  (B) is limited to such roads and trails as may be 
                designated for their use as part of the management 
                plan.
          (2) Exceptions.--Paragraph (1) does not prohibit the use of 
        motorized or mechanized vehicles on Federal lands included in 
        the Cooperative Management and Protection Area if the Secretary 
        determines that such use--
                  (A) is needed for administrative purposes or to 
                respond to an emergency; or
                  (B) is appropriate for the construction or 
                maintenance of agricultural facilities, fish and 
                wildlife management, or ecological restoration 
                projects, except in areas designated as wilderness or 
                managed under the provisions of section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782).
  (c) Road Closures.--Any determination to permanently close an 
existing road in the Cooperative Management and Protection Area or to 
restrict the access of motorized or mechanized vehicles on certain 
roads shall be made in consultation with the advisory council and the 
public.
  (d) Prohibition on New Construction.--
          (1) Prohibition, exception.--No new road or trail for 
        motorized or mechanized vehicles may be constructed on Federal 
        lands in the Cooperative Management and Protection Area unless 
        the Secretary determines that the road or trail is necessary 
        for public safety or protection of the environment. Any 
        determination under this subsection shall be made in 
        consultation with the advisory council and the public.
          (2) Trails.--Nothing in this subsection is intended to limit 
        the authority of the Secretary to construct or maintain trails 
        for nonmotorized or nonmechanized use.
  (e) Access to Nonfederally Owned Lands.--
          (1) Reasonable access.--The Secretary shall provide 
        reasonable access to nonfederally owned lands or interests in 
        land within the boundaries of the Cooperative Management and 
        Protection Area and the Wilderness Area to provide the owner of 
        the land or interest the reasonable use thereof.
          (2) Effect on existing rights-of-way.--Nothing in this Act 
        shall have the effect of terminating any valid existing right-
        of-way on Federal lands included in the Cooperative Management 
        and Protection Area.

SEC. 113. LAND USE AUTHORITIES.

  (a) In General.--The Secretary shall allow only such uses of the 
Federal lands included in the Cooperative Management and Protection 
Area as the Secretary finds will further the purposes for which the 
Cooperative Management and Protection Area is established.
  (b) Commercial Timber.--
          (1) Prohibition.--The Federal lands included in the 
        Cooperative Management and Protection Area shall not be made 
        available for commercial timber harvest.
          (2) Limited exception.--The Secretary may authorize the 
        removal of trees from Federal lands in the Cooperative 
        Management and Protection Area only if the Secretary determines 
        that the removal is clearly needed for purposes of ecological 
        restoration and maintenance or for public safety. Except in the 
        Wilderness Area and the wilderness study areas referred to in 
        section 204(a), the Secretary may authorize the sale of 
        products resulting from the authorized removal of trees under 
        this paragraph.
  (c) Juniper Management.--The Secretary shall emphasize the 
restoration of the historic fire regime in the Cooperative Management 
and Protection Area and the resulting native vegetation communities 
through active management of Western Juniper on a landscape level. 
Management measures shall include the use of natural and prescribed 
burning.
  (d) Hunting, Fishing, and Trapping.--
          (1) Authorization.--The Secretary shall permit hunting, 
        fishing, and trapping on Federal lands included in the 
        Cooperative Management and Protection Area in accordance with 
        applicable laws and regulations of the United States and the 
        State of Oregon.
          (2) Area and time limitations.--After consultation with the 
        Oregon Department of Fish and Wildlife, the Secretary may 
        designate zones where, and establish periods when, hunting, 
        trapping or fishing is prohibited on Federal lands included in 
        the Cooperative Management and Protection Area for reasons of 
        public safety, administration, or public use and enjoyment.
  (e) Grazing.--
          (1) Continuation of existing law.--Except as otherwise 
        provided in this Act, the laws, regulations, and executive 
        orders otherwise applicable to the Bureau of Land Management in 
        issuing and administering grazing leases and permits on lands 
        under its jurisdiction shall apply in regard to the Federal 
        lands included in the Cooperative Management and Protection 
        Area.
          (2) Cancellation of certain permits.--The Secretary shall 
        cancel that portion of the permitted grazing on Federal lands 
        in the Fish Creek/Big Indian, East Ridge, and South Steens 
        allotments located within the area designated as the ``no 
        livestock grazing area'' on the map referred to in section 
        101(a). Upon cancellation, future grazing use in that 
        designated area is prohibited. The Secretary shall be 
        responsible for installing and maintaining any fencing required 
        for resource protection within the designated no livestock 
        grazing area.
          (3) Forage replacement.--Reallocation of available forage 
        shall be made as follows:
                  (A) O'Keefe pasture within the Miners Field allotment 
                to Stafford Ranches.
                  (B) Fields Seeding and Bone Creek Pasture east of the 
                county road within the Miners Field allotment to Amy 
                Ready.
                  (C) Miners Field Pasture, Schouver Seeding and Bone 
                Creek Pasture west of the county road within the Miners 
                Field allotment to Roaring Springs Ranch.
                  (D) 800 animal unit months within the Crows Nest 
                allotment to Lowther (Clemens) Ranch.
          (4) Fencing and water systems.--The Secretary shall also 
        construct fencing and develop water systems as necessary to 
        allow reasonable and efficient livestock use of the forage 
        resources referred to in paragraph (3).
  (f) Prohibition on Construction of Facilities.--No new facilities may 
be constructed on Federal lands included in the Cooperative Management 
and Protection Area unless the Secretary determines that the 
structure--
          (1) will be minimal in nature;
          (2) is consistent with the purposes of this Act; and
          (3) is necessary--
                  (A) for enhancing botanical, fish, wildlife, or 
                watershed conditions;
                  (B) for public information, health, or safety;
                  (C) for the management of livestock; or
                  (D) for the management of recreation, but not for the 
                promotion of recreation.
  (g) Withdrawal.--Subject to valid existing rights, the Federal lands 
and interests in lands included in the Cooperative Management and 
Protection Areas are hereby withdrawn from all forms of entry, 
appropriation, or disposal under the public land laws, except in the 
case of land exchanges if the Secretary determines that the exchange 
furthers the purpose and objectives specified in section 102 and so 
certifies to Congress.

SEC. 114. LAND ACQUISITION AUTHORITY.

  (a) Acquisition.--
          (1) Acquisition authorized.--In addition to the land 
        acquisitions authorized by title VI, the Secretary may acquire 
        other non-Federal lands and interests in lands located within 
        the boundaries of the Cooperative Management and Protection 
        Area or the Wilderness Area.
          (2) Acquisition methods.--Lands may be acquired under this 
        subsection only by voluntary exchange, donation, or purchase 
        from willing sellers.
  (b) Treatment of Acquired Lands.--
          (1) In general.--Subject to paragraphs (2) and (3), lands or 
        interests in lands acquired under subsection (a) or title VI 
        that are located within the boundaries of the Cooperative 
        Management and Protection Area shall--
                  (A) become part of the Cooperative Management and 
                Protection Area; and
                  (B) be managed pursuant to the laws applicable to the 
                Cooperative Management and Protection Area.
          (2) Lands within wilderness area.--If lands or interests in 
        lands acquired under subsection (a) or title VI are within the 
        boundaries of the Wilderness Area, the acquired lands or 
        interests in lands shall--
                  (A) become part of the Wilderness Area; and
                  (B) be managed pursuant to title II and the other 
                laws applicable to the Wilderness Area.
          (3) Lands within wilderness study area.--If the lands or 
        interests in lands acquired under subsection (a) or title VI 
        are within the boundaries of a wilderness study area, the 
        acquired lands or interests in lands shall--
                  (A) become part of that wilderness study area; and
                  (B) be managed pursuant to the laws applicable to 
                that wilderness study area.
  (c) Appraisal.--In appraising non-Federal land, development rights, 
or conservation easements for possible acquisition under this section 
or section 122, the Secretary shall disregard any adverse impacts on 
values resulting from the designation of the Cooperative Management and 
Protection Area or the Wilderness Area.

SEC. 115. SPECIAL USE PERMITS.

  The Secretary may renew a special recreational use permit applicable 
to lands included in the Wilderness Area to the extent that the 
Secretary determines that the permit is consistent with the Wilderness 
Act (16 U.S.C. 1131 et seq.). If renewal is not consistent with the 
Wilderness Act, the Secretary shall seek other opportunities for the 
permit holder through modification of the permit to realize historic 
permit use to the extent that the use is consistent with the Wilderness 
Act and this Act, as determined by the Secretary.

                   Subtitle C--Cooperative Management

SEC. 121. COOPERATIVE MANAGEMENT AGREEMENTS.

  (a) Cooperative Efforts.--To further the purposes and objectives for 
which the Cooperative Management and Protection Area is designated, the 
Secretary may work with non-Federal landowners and other parties who 
voluntarily agree to participate in the cooperative management of 
Federal and non-Federal lands in the Cooperative Management and 
Protection Area.
  (b) Agreements Authorized.--The Secretary may enter into a 
cooperative management agreement with any party to provide for the 
cooperative conservation and management of the Federal and non-Federal 
lands subject to the agreement.
  (c) Other Participants.--With the consent of the landowners involved, 
the Secretary may permit permittees, special-use permit holders, other 
Federal and State agencies, and interested members of the public to 
participate in a cooperative management agreement as appropriate to 
achieve the resource or land use management objectives of the 
agreement.
  (d) Tribal Cultural Site Protection.--The Secretary may enter into 
agreements with the Burns Paiute Tribe to protect cultural sites in the 
Cooperative Management and Protection Area of importance to the tribe.

SEC. 122. COOPERATIVE EFFORTS TO CONTROL DEVELOPMENT AND ENCOURAGE 
                    CONSERVATION.

  (a) Policy.--Development on public and private lands within the 
boundaries of the Cooperative Management and Protection Area which is 
different from the current character and uses of the lands is 
inconsistent with the purposes of this Act.
  (b) Use of Nondevelopment and Conservation Easements.--The Secretary 
may enter into a nondevelopment easement or conservation easement with 
willing landowners to further the purposes of this Act.
  (c) Conservation Incentive Payments.--The Secretary may provide 
technical assistance, cost-share payments, incentive payments, and 
education to a private landowner in the Cooperative Management and 
Protection Area who enters into a contract with the Secretary to 
protect or enhance ecological resources on the private land covered by 
the contract if those protections or enhancements benefit public lands.
  (d) Relation to Property Rights and State and Local Law.--Nothing in 
this Act is intended to affect rights or interests in real property or 
supersede State law.

                      Subtitle D--Advisory Council

SEC. 131. ESTABLISHMENT OF ADVISORY COUNCIL.

  (a) Establishment.--The Secretary shall establish the Steens Mountain 
Advisory Council to advise the Secretary in managing the Cooperative 
Management and Protection Area and in promoting the cooperative 
management under subtitle C.
  (b) Members.--The advisory council shall consist of 12 voting 
members, to be appointed by the Secretary, as follows:
          (1) A private landowner in the Cooperative Management and 
        Protection Area, appointed from nominees submitted by the 
        county court for Harney County, Oregon.
          (2) Two persons who are grazing permittees on Federal lands 
        in the Cooperative Management and Protection Area, appointed 
        from nominees submitted by the county court for Harney County, 
        Oregon.
          (3) A person interested in fish and recreational fishing in 
        the Cooperative Management and Protection Area, appointed from 
        nominees submitted by the Governor of Oregon.
          (4) A member of the Burns Paiute Tribe, appointed from 
        nominees submitted by the Burns Paiute Tribe.
          (5) Two persons who are recognized environmental 
        representatives, one of whom shall represent the State as a 
        whole, and one of whom is from the local area, appointed from 
        nominees submitted by the Governor of Oregon.
          (6) A person who participates in what is commonly called 
        dispersed recreation, such as hiking, camping, nature viewing, 
        nature photography, bird watching, horse back riding, or trail 
        walking, appointed from nominees submitted by the Oregon State 
        Director of the Bureau of Land Management.
          (7) A person who is a recreational permit holder or is a 
        representative of a commercial recreation operation in the 
        Cooperative Management and Protection Area, appointed from 
        nominees submitted jointly by the Oregon State Director of the 
        Bureau of Land Management and the county court for Harney 
        County, Oregon.
          (8) A person who participates in what is commonly called 
        mechanized or consumptive recreation, such as hunting, fishing, 
        off-road driving, hang gliding, or parasailing, appointed from 
        nominees submitted by the Oregon State Director of the Bureau 
        of Land Management.
          (9) A person with expertise and interest in wild horse 
        management on Steens Mountain, appointed from nominees 
        submitted by the Oregon State Director of the Bureau of Land 
        Management.
          (10) A person who has no financial interest in the 
        Cooperative Management and Protection Area to represent 
        statewide interests, appointed from nominees submitted by the 
        Governor of Oregon.
  (c) Consultation.--In reviewing nominees submitted under subsection 
(b) for possible appointment to the advisory council, the Secretary 
shall consult with the respective community of interest that the 
nominees are to represent to ensure that the nominees have the support 
of their community of interest.
  (d) Terms.--
          (1) Staggered terms.--Members of the advisory council shall 
        be appointed for terms of three years, except that, of the 
        members first appointed, four members shall be appointed for a 
        term of one year and four members shall be appointed for a term 
        of two years.
          (2) Reappointment.--A member may be reappointed to serve on 
        the advisory council.
          (3) Vacancy.--A vacancy on the advisory council shall be 
        filled in the same manner as the original appointment.
  (d) Chairperson and Procedures.--The advisory council shall elect a 
chairperson and establish such rules and procedures as it deems 
necessary or desirable.
  (e) Service Without Compensation.--Members of the advisory council 
shall serve without pay, but the Secretary shall reimburse members for 
reasonable expenses incurred in carrying out official duties as a 
member of the council.
  (f) Administrative Support.--The Secretary shall provide the advisory 
council with necessary administrative support and shall designate an 
appropriate officer of the Bureau of Land Management to serve as the 
Secretary's liaison to the council.
  (g) State Liaison.--The Secretary shall appoint one person, nominated 
by the Governor of Oregon, to serve as the State government liaison to 
the advisory council.
  (h) Applicable Law.--The advisory committee shall be subject to the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
and the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 132. ADVISORY ROLE IN MANAGEMENT ACTIVITIES.

  (a) Management Recommendations.--The advisory committee shall utilize 
sound science, existing plans for the management of Federal lands 
included in the Cooperative Management and Protection Area, and other 
tools to formulate recommendations for the Secretary regarding--
          (1) new and unique approaches to the management of lands 
        within the boundaries of the Cooperative Management and 
        Protection Area; and
          (2) cooperative programs and incentives for seamless 
        landscape management that meets human needs and maintains and 
        improves the ecological and economic integrity of the 
        Cooperative Management and Protection Area.
  (b) Preparation of Management Plan.--The Secretary shall consult with 
the advisory committee as part of the preparation and implementation of 
the management plan.
  (c) Submission of Recommendations.--No recommendations may be 
presented to the Secretary by the advisory council without the 
agreement of at least nine members of the advisory council.

SEC. 133. SCIENCE COMMITTEE.

  The Secretary shall appoint, as needed or at the request of the 
advisory council, a team of respected, knowledgeable, and diverse 
scientists to provide advice on questions relating to the management of 
the Cooperative Management and Protection Area to the Secretary and the 
advisory council. The Secretary shall seek the advice of the advisory 
council in making these appointments.

               TITLE II--STEENS MOUNTAIN WILDERNESS AREA

SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDERNESS AREA.

  The Federal lands in the Cooperative Management and Protection Area 
depicted as wilderness on the map entitled ``Steens Mountain Wilderness 
Area'' and dated September 18, 2000, are hereby designated as 
wilderness and therefore as a component of the National Wilderness 
Preservation System. The wilderness area shall be known as the Steens 
Mountain Wilderness Area.

SEC. 202. ADMINISTRATION OF WILDERNESS AREA.

  (a) General Rule.--The Secretary shall administer the Wilderness Area 
in accordance with this title and the Wilderness Act (16 U.S.C. 1131 et 
seq.). Any reference in the Wilderness Act to the effective date of 
that Act (or any similar reference) shall be deemed to be a reference 
to the date of the enactment of this Act.
  (b) Wilderness Boundaries Along Roads.--Where a wilderness boundary 
exists along a road, the wilderness boundary shall be set back from the 
centerline of the road, consistent with the Bureau of Land Management's 
guidelines as established in its Wilderness Management Policy.
  (c) Access to Non-Federal Lands.--The Secretary shall provide 
reasonable access to private lands within the boundaries of the 
Wilderness Area, as provided in section 112(d).
  (d) Grazing.--
          (1) Administration.--Except as provided in section 113(e)(2), 
        grazing of livestock shall be administered in accordance with 
        the provision of section 4(d)(4) of the Wilderness Act (16 
        U.S.C. 1133(d)(4)), in accordance with the provisions of this 
        Act, and in accordance with the guidelines set forth in 
        Appendices A and B of House Report 101-405 of the 101st 
        Congress.
          (2) Retirement of certain permits.--The Secretary shall 
        permanently retire all grazing permits applicable to certain 
        lands in the Wilderness Area, as depicted on the map referred 
        to in subsection (a), and livestock shall be excluded from 
        these lands.

SEC. 203. WATER RIGHTS.

  (a) Reservation.--Congress hereby reserves a quantity of water 
sufficient to fulfill the purposes for which the Wilderness Area are 
designated. The priority date of such reserved rights shall be the date 
of the enactment of this Act.
  (b) Protection.--The Secretary shall take such steps as may be 
necessary to protect the rights reserved by subsection (a), including 
the filing by the Secretary of a claim for the quantification of the 
rights in any present or future appropriate stream adjudication in the 
courts of the State of Oregon in which the United States is or may be 
joined and which is conducted in accordance with section 208 of the Act 
of July 10, 1952 (43 U.S.C. 666; commonly referred the McCarran 
Amendment).
  (c) Relation to Other Reservations.--Nothing in this Act shall be 
construed as a relinquishment or reduction of any water rights reserved 
or appropriated by the United States in the State of Oregon on or 
before the date of enactment of this Act.

SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.

  (a) Status Unaffected.--Any wilderness study area, or portion of a 
wilderness study area, within the boundaries of the Cooperative 
Management and Protection Area but not included in the Wilderness Area 
shall remain a wilderness study area notwithstanding the enactment of 
this Act.
  (b) Management.--
          (1) Applicable laws.--The wilderness study areas referred to 
        in subsection (a) shall continue to be managed under section 
        603(c) of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1782(c)) in a manner so as not to impair the 
        suitability of the areas for preservation as wilderness.
          (2) Certain activities permitted.--Consistent with section 
        603(c) of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1782(c)), the Secretary may permit water 
        developments, juniper management, and fencing in a wilderness 
        study area referred to in subsection (a) when necessary to 
        protect or enhance wilderness values. The Secretary may not 
        permit management of juniper species in the wilderness study 
        areas with mechanized tools unless the Secretary first 
        considers nonmechanized treatments and the recommendations of 
        the science committee and the advisory council.
  (c) Expansion of Basque Hills Wilderness Study Area.--The boundaries 
of the Basque Hills Wilderness Study Area are hereby expanded to 
include the Federal lands within sections 8, 16, 17, 21, 22, and 27 of 
township 36 south, range 31 east, Willamette Meridian. These lands 
shall be managed under section 603(c) of the Federal Lands Policy and 
Management Act of 1976 (43 U.S.C. 1782(c)) to protect and enhance the 
wilderness values of these lands.

          TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE

SEC. 301. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER STATUS IN 
                    STEENS MOUNTAIN AREA.

  (a) Expansion of Donner und Blitzen Wild River.--Section 3(a)(74) of 
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(74)) is amended--
          (1) by striking ``the'' at the beginning of each subparagraph 
        and inserting ``The'';
          (2) by striking the semicolon at the end of subparagraphs 
        (A), (B), (C), and (D) and inserting a period;
          (3) by striking ``; and'' at the end of subparagraph (E) and 
        inserting a period; and
          (4) by adding at the end the following new subparagraphs:
          ``(G) The 5.1 mile segment of Mud Creek from its confluence 
        with an unnamed spring in the SW\1/4\SE\1/4\ of section 32, 
        township 33 south, range 33 east, to its confluence with the 
        Donner und Blitzen River.
          ``(H) The 8.1 mile segment of Ankle Creek from its headwaters 
        to its confluence with the Donner und Blitzen River.
          ``(I) The 1.6 mile segment of the South Fork of Ankle Creek 
        from its confluence with an unnamed tributary in the SE\1/
        4\SE\1/4\ of section 17, township 34 south, range 33 east, to 
        its confluence with Ankle Creek.''.
  (b) Designation of Wildhorse Creek, Oregon.--Section 3(a) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the 
end the following new paragraph:
  ``(163) Wildhorse Creek, Oregon.--The following segments in the 
Steens Mountain Cooperative Management and Protection Area in the State 
of Oregon, to be administered by the Secretary of the Interior as a 
wild river:
          ``(A) The 2.6 mile segment of Little Wildhorse Creek from its 
        headwaters to its confluence with Wildhorse Creek.
          ``(B) The 7.0 mile segment of Wildhorse Creek from its 
        headwaters, and including .36 stream miles into section 34, 
        township 34 south, range 33 east.''.
  (c) Management.--Where management requirements for a stream segment 
described in the amendments made by this section differ between the 
Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) and the Wilderness 
Area, the more restrictive requirements shall apply.

SEC. 302. DONNER UND BLITZEN RIVER REDBAND TROUT RESERVE.

  (a) Findings.--The Congress finds the following:
          (1) Those portions of the Donner und Blitzen River in the 
        Wilderness Area are an exceptional environmental resource that 
        provides habitat for unique populations of native fish, 
        migratory waterfowl, and other wildlife resources, including a 
        unique population of redband trout.
          (2) Redband trout represent a unique natural history 
        reflecting the Pleistocene connection between the lake basins 
        of eastern Oregon and the Snake and Columbia Rivers.
  (b) Designation of Reserve.--The Secretary shall designate the Donner 
und Blitzen Redband Trout Reserve consisting of the Donner und Blitzen 
River in the Wilderness Area above its confluence with Fish Creek and 
the Federal riparian lands immediately adjacent to the river.
  (c) Reserve Purposes.--The purposes of the Redband Trout Reserve 
are--
          (1) to conserve, protect, and enhance the Donner und Blitzen 
        River population of redband trout and the unique ecosystem of 
        plants, fish, and wildlife of a river system; and
          (2) to provide opportunities for scientific research, 
        environmental education, and fish and wildlife oriented 
        recreation and access to the extent compatible with paragraph 
        (1).
  (d) Exclusion of Private Lands.--The Redband Trout Reserve does not 
include any private lands adjacent to the Donner und Blitzen River or 
its tributaries.
  (e) Administration.--
          (1) In general.--The Secretary shall administer all lands, 
        waters, and interests therein in the Redband Trout Reserve 
        consistent with the Wilderness Act (16 U.S.C. 1131 et seq.) and 
        the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
          (2) Consultation.--In administering the Redband Trout 
        Reserve, the Secretary shall consult with the advisory council 
        and cooperate with the Oregon Department of Fish and Wildlife.
          (3) Relation to recreation.--To the extent consistent with 
        applicable law, the Secretary shall manage recreational 
        activities in the Redband Trout Reserve in a manner that 
        conserves the unique population of redband trout native to the 
        Donner und Blitzen River.
          (4) Removal of dam.--The Secretary shall remove the dam 
        located below the mouth of Fish Creek and above Page Springs if 
        removal of the dam is scientifically justified and funds are 
        available for such purpose.
  (f) Outreach and Education.--The Secretary may work with, provide 
technical assistance to, provide community outreach and education 
programs for or with, or enter into cooperative agreements with private 
landowners, State and local governments or agencies, and conservation 
organizations to further the purposes of the Redband Trout Reserve.

                   TITLE IV--MINERAL WITHDRAWAL AREA

SEC. 401. DESIGNATION OF MINERAL WITHDRAWAL AREA.

  (a) Designation.--Subject to valid existing rights, the Federal lands 
and interests in lands included within the withdrawal boundary as 
depicted on the map referred to in section 101(a) are hereby withdrawn 
from--
          (1) location, entry and patent under the mining laws; and,
          (2) operation of the mineral leasing and geothermal leasing 
        laws and from the minerals materials laws and all amendments 
        thereto except as specified in subsection (b).
  (b) Road Maintenance.--If consistent with the purposes of this Act 
and the management plan for the Cooperative Management and Protection 
Area, the Secretary may permit the development of saleable mineral 
resources, for road maintenance use only, in those locations identified 
on the map referred to in section 101(a) as an existing ``gravel pit'' 
within the mineral withdrawal boundaries (excluding the Wilderness 
Area, wilderness study areas, and designated segments of the National 
Wild and Scenic Rivers System) where such development was authorized 
before the date of enactment of this Act.

SEC. 402. TREATMENT OF STATE LANDS AND MINERAL INTERESTS.

  The Secretary shall acquire all right, title, and interest of the 
State of Oregon in lands owned by the State within the boundaries of 
the mineral withdrawal area designated pursuant to section 401 in 
exchange for--
          (1) Federal lands or Federal mineral interests that are 
        outside the boundaries of the mineral withdrawal area, are of 
        approximately equal value, and are agreed to by the parties;
          (2) a monetary payment to the State; or
          (3) a combination of a conveyance under paragraph (1) and a 
        monetary payment under paragraph (2).

      TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

SEC. 501. WILDLANDS JUNIPER MANAGEMENT AREA.

  (a) Establishment.--To further the purposes of section 113(c), the 
Secretary shall establish a special management area consisting of 
certain Federal lands in the Cooperative Management and Protection 
Area, as depicted on the map referred to in section 101(a), which shall 
be known as the Wildlands Juniper Management Area.
  (b) Management.--Special management practices shall be adopted for 
the Wildlands Juniper Management Area for the purposes of 
experimentation, education, interpretation, and demonstration of active 
and passive management intended to restore the historic fire regime and 
native vegetation communities on Steens Mountain.
  (c) Authorization of Appropriations.--In addition to the 
authorization of appropriations in section 701, there is authorized to 
be appropriated $5,000,000 to carry out this section and section 113(c) 
regarding juniper management in the Cooperative Management and 
Protection Area.

SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STATUS.

  The Federal lands included in the Wildlands Juniper Management Area 
established under section 501 are no longer subject to the requirement 
of section 603(c) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782(c)) pertaining to managing the lands so as not to 
impair the suitability of the lands for preservation as wilderness.

                        TITLE VI--LAND EXCHANGES

SEC. 601. LAND EXCHANGE, ROARING SPRINGS RANCH.

  (a) Exchange Authorized.--For the purpose of protecting and 
consolidating Federal lands within the Cooperative Management and 
Protection Area, the Secretary may carry out a land exchange with 
Roaring Springs Ranch, Incorporated, to convey all right, title, and 
interest of the United States in and to certain parcels of land under 
the jurisdiction of the Bureau of Land Management in the vicinity of 
Steens Mountain, Oregon, as depicted on the map referred to in section 
605(a), consisting of a total of approximately 76,373.53 acres in 
exchange for the private lands described in subsection (b).
  (b) Receipt of Non-Federal Lands.--As consideration for the 
conveyance of the Federal lands referred to in subsection (a), Roaring 
Springs Ranch, Incorporated, shall convey to the Secretary parcels of 
land consisting of approximately 10,908.72 acres, as depicted on the 
map referred to in section 605(a), for inclusion in the Wilderness 
Area, a wilderness study area, and the no livestock grazing area as 
appropriate.
  (c) Treatment of Grazing.--Paragraphs (2) and (3) of section 113(e), 
relating to the effect of the cancellation in part of grazing permits 
for the South Steens allotment in the Wilderness Area and reassignment 
of use areas as described in paragraph (3)(C) of such section, shall 
apply to the land exchange authorized by this section.
  (d) Economic Adjustment Disbursements.--Upon the completion of the 
land exchange authorized by this section, the Secretary shall make an 
economic adjustment disbursement to the Roaring Springs Ranch, 
Incorporated, in the amount of $2,889,000 to compensate for lost 
productivity and economic activity caused by the dislocation and 
reallocation of resources and the disruption and termination of 
traditional management techniques as a result of the enactment of this 
Act.
  (e) Completion of Conveyance.--The Secretary shall complete the 
conveyance of the Federal lands under subsection (a) within 70 days 
after the Secretary accepts the lands described in subsection (b).

SEC. 602. LAND EXCHANGES, C.M. OTLEY AND OTLEY BROTHERS.

  (a) C.M. Otley Exchange.--
          (1) Exchange authorized.--For the purpose of protecting and 
        consolidating Federal lands within the Cooperative Management 
        and Protection Area, the Secretary may carry out a land 
        exchange with C.M. Otley to convey all right, title, and 
        interest of the United States in and to certain parcels of land 
        under the jurisdiction of the Bureau of Land Management in the 
        vicinity of Steens Mountain, Oregon, as depicted on the map 
        referred to in section 605(a), consisting of a total of 
        approximately 3,844.58 acres in exchange for the private lands 
        described in paragraph (2).
          (2) Receipt of non-federal lands.--As consideration for the 
        conveyance of the Federal lands referred to in paragraph (1), 
        C.M. Otley shall convey to the Secretary a parcel of land in 
        the headwaters of Kiger gorge consisting of approximately 
        851.13 acres, as depicted on the map referred to in section 
        605(a), for inclusion in the Wilderness Area and the no 
        livestock grazing area as appropriate.
          (3) Economic adjustment disbursements.--Upon the completion 
        of the land exchange authorized by this subsection, the 
        Secretary shall make an economic adjustment disbursement to 
        C.M. Otley in the amount of $920,000 to compensate for lost 
        productivity and economic activity caused by the dislocation 
        and reallocation of resources and the disruption and 
        termination of traditional management techniques as a result of 
        the enactment of this Act.
  (b) Otley Brothers Exchange.--
          (1) Exchange authorized.--For the purpose of protecting and 
        consolidating Federal lands within the Cooperative Management 
        and Protection Area, the Secretary may carry out a land 
        exchange with the Otley Brother's, Inc., to convey all right, 
        title, and interest of the United States in and to certain 
        parcels of land under the jurisdiction of the Bureau of Land 
        Management in the vicinity of Steens Mountain, Oregon, as 
        depicted on the map referred to in section 605(a), consisting 
        of a total of approximately 6,880.54 acres in exchange for the 
        private lands described in paragraph (2).
          (2) Receipt of non-federal lands.--As consideration for the 
        conveyance of the Federal lands referred to in paragraph (1), 
        the Otley Brother's, Inc., shall convey to the Secretary a 
        parcel of land in the headwaters of Kiger gorge consisting of 
        approximately 504.91 acres, as depicted on the map referred to 
        in section 605(a), for inclusion in the Wilderness Area and the 
        no livestock grazing area as appropriate.
          (3) Economic adjustment disbursements.--Upon the completion 
        of the land exchange authorized by this subsection, the 
        Secretary shall make an economic adjustment disbursement to 
        Otley Brother's, Inc., in the amount of $400,000 to compensate 
        for lost productivity and economic activity caused by the 
        dislocation and reallocation of resources and the disruption 
        and termination of traditional management techniques as a 
        result of the enactment of this Act.
  (c) Completion of Conveyance.--The Secretary shall complete the 
conveyances of the Federal lands under subsections (a) and (b) within 
70 days after the Secretary accepts the lands described in such 
subsections.

SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVESTOCK, INCORPORATED.

  (a) Exchange Authorized.--For the purpose of protecting and 
consolidating Federal lands within the Wilderness Area, the Secretary 
may carry out a land exchange with Tom J. Davis Livestock, 
Incorporated, to convey all right, title, and interest of the United 
States in and to certain parcels of land under the jurisdiction of the 
Bureau of Land Management in the vicinity of Steens Mountain, Oregon, 
as depicted on the map referred to in section 605(a), consisting of a 
total of approximately 5,339.51 acres in exchange for the private lands 
described in subsection (b).
  (b) Receipt of Non-Federal Lands.--As consideration for the 
conveyance of the Federal lands referred to in subsection (a), Tom J. 
Davis Livestock, Incorporated, shall convey to the Secretary a parcel 
of land consisting of approximately 5,103.2 acres, as depicted on the 
map referred to in section 605(a), for inclusion in the Wilderness 
Area.
  (c) Economic Adjustment Disbursements.--Upon the completion of the 
land exchange authorized by this section, the Secretary shall make an 
economic adjustment disbursement to Tom J. Davis Livestock, 
Incorporated, in the amount of $800,000 to compensate for lost 
productivity and economic activity caused by the dislocation and 
reallocation of resources and the disruption and termination of 
traditional management techniques as a result of the enactment of this 
Act.
  (d) Completion of Conveyance.--The Secretary shall complete the 
conveyance of the Federal lands under subsection (a) within 70 days 
after the Secretary accepts the lands described in subsection (b).

SEC. 604. LAND EXCHANGE, LOWTHER (CLEMENS) RANCH.

  (a) Exchange Authorized.--For the purpose of protecting and 
consolidating Federal lands within the Cooperative Management and 
Protection Area, the Secretary may carry out a land exchange with the 
Lowther (Clemens) Ranch to convey all right, title, and interest of the 
United States in and to certain parcels of land under the jurisdiction 
of the Bureau of Land Management in the vicinity of Steens Mountain, 
Oregon, as depicted on the map referred to in section 605(a), 
consisting of a total of approximately 11,795.84 acres in exchange for 
the private lands described in subsection (b).
  (b) Receipt of Non-Federal Lands.--As consideration for the 
conveyance of the Federal lands referred to in subsection (a), the 
Lowther (Clemens) Ranch shall convey to the Secretary a parcel of land 
consisting of approximately 1,077.67 acres, as depicted on the map 
referred to in section 605(a), for inclusion in the Cooperative 
Management and Protection Area.
  (c) Treatment of Grazing.--Paragraphs (2) and (3) of section 113(e), 
relating to the effect of the cancellation in whole of the grazing 
permit for the Fish Creek/Big Indian allotment in the Wilderness Area 
and reassignment of use areas as described in paragraph (3)(D) of such 
section, shall apply to the land exchange authorized by this section.
  (d) Economic Adjustment Disbursements.--Upon the completion of the 
land exchange authorized by this section, the Secretary shall make an 
economic adjustment disbursement to the Lowther (Clemens) Ranch in the 
amount of $148,000 to compensate for lost productivity and economic 
activity caused by the dislocation and reallocation of resources and 
the disruption and termination of traditional management techniques as 
a result of the enactment of this Act.
  (e) Completion of Conveyance.--The Secretary shall complete the 
conveyance of the Federal lands under subsection (a) within 70 days 
after the Secretary accepts the lands described in subsection (b).

SEC. 605. GENERAL PROVISIONS APPLICABLE TO LAND EXCHANGES.

  (a) Map.--The land conveyances described in this title are generally 
depicted on the map entitled ``Steens Mountain Land Exchanges'' and 
dated September 18, 2000.
  (b) Applicable Law.--Except as otherwise provided in this section, 
the exchange of Federal land under this title is subject to the 
existing laws and regulations applicable to the conveyance and 
acquisition of land under the jurisdiction of the Bureau of Land 
Management. It is anticipated that the Secretary will be able to carry 
out such land exchanges without the promulgation of additional 
regulations and without regard to the notice and comment provisions of 
section 553 of title 5, United States Code.
  (c) Conditions on Acceptance.--Title to the non-Federal lands to be 
conveyed under this title must be acceptable to the Secretary, and the 
conveyances shall be subject to valid existing rights of record. The 
non-Federal lands shall conform with the title approval standards 
applicable to Federal land acquisitions.
  (d) Legal Descriptions.--The exact acreage and legal description of 
all lands to be exchanged under this title shall be determined by 
surveys satisfactory to the Secretary. The costs of any such survey, as 
well as other administrative costs incurred to execute a land exchange 
under this title, shall be borne by the Secretary.

                     TITLE VII--FUNDING AUTHORITIES

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

  Except as provided in section 702, there is hereby authorized to be 
appropriated such sums as may be necessary to carry out this Act.

SEC. 702. USE OF LAND AND WATER CONSERVATION FUND.

  (a) Availability of Fund.--There are authorized to be appropriated 
$25,000,000 from the land and water conservation fund established under 
section 2 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-5) to provide funds for the acquisition of land and 
interests in land under section 114 and to enter into nondevelopment 
easements and conservation easements under subsections (b) and (c) of 
section 122.
  (b) Term of Use.--Amounts appropriated pursuant to the authorization 
of appropriations in subsection (a) shall remain available until 
expended.

                          Purpose of the Bill

    The purpose of H.R. 4828 is to designate wilderness areas 
and a cooperative management and protection area in the 
vicinity of Steens Mountain in Harney County, Oregon, and for 
other purposes.

                  Background and Need for Legislation

    The Steens Mountain area in southeastern Oregon is a unique 
geologic formation that is home to a wide diversity of flora 
and fauna. The Steens Mountain fault block stretches sixty 
miles, rises to an elevation of 9,700 feet and drops 5,500 feet 
in three miles to the historic lakebed of the Alvord Desert.
    The federal lands on Steens Mountain are managed by the 
Bureau of Land Management, an agency of the Department of the 
Interior. There is significant private ownership in the area, 
with over 270 separate landowners controlling about one-third 
of the land. There are several large ranching operations that 
graze their livestock on both public and private lands in the 
Steens Mountain area.
    In 1999, the Secretary of the Interior publicly indicated 
that, in his judgment, the Steens Mountain area was in need of 
protection beyond that provided in federal law for lands 
managed as public domain lands. The Secretary further indicated 
that if Congress did not enact additional protections for the 
area, he would recommend to the President that the area be 
designated as a National Monument under the Antiquities Act of 
1906.
    This determination by the Secretary was in contrast to the 
recommendation by the Southeast Oregon Resource Advisory 
Council (RAC) on October 22, 1999, that ``[c]urrent management 
programs are working and there should be no designation of a 
National Park or National Monument.'' The Southeast Oregon RAC 
is a federal advisory committee appointed by the Secretary of 
the Interior.
    Faced with the prospect of a National Monument designation, 
which was opposed by the majority of local residents, the 
Oregon delegation began a lengthy negotiation process that 
included the Governor of Oregon and the Secretary of the 
Interior. This bill, as reported out of the Committee on 
Resources, is the product of those negotiations, and is 
intended to enhance statutory protections for the area while 
maintaining the viability of historic ranching and recreational 
operations in the Steens Mountain area.
    The Committee recognizes that the legislation contains no 
language to address the transitions that will occur as the land 
exchanges are executed and the management plan for the 
Cooperative Management and Protection Area is developed. It is 
the Committee's understanding that the Department of the 
Interior has existing management plans and other guidelines 
that will be used during this interim period.
    H.R. 4828 would withdraw about 1.2 million acres from 
mining and geothermal development, and designate about 174,000 
acres as wilderness. It would also create a non-grazing zone of 
approximately 100,000 acres as well as a 500,000 acre 
Cooperative Management and Protection Area. In addition, H.R. 
4828 would establish the Wildlands Juniper Management Area, 
expand the Donner und Blitzen Wild and Scenic River, designate 
the Donner und Blitzen Redband Trout Reserve, authorize the 
Secretary of the Interior to carry out a number of land 
exchanges to facilitate the purposes of this legislation, and 
allow the conservation of these lands to remain under local 
management.

                      Section-by-Section Analysis

Section 1. Short title; purposes; table of contents

    Section 1 contains the short title (the Steens Mountain 
Cooperative Management and Protection Act of 2000), a list of 
the purposes of the bill, and the table of contents.

Section 2. Definitions

    Section 2 defines the terms: ``Advisory Council''; 
``Cooperative Management Agreement''; ``Cooperative Management 
and Protection Area''; ``Conservation Easement''; 
``Nondevelopment Easement''; ``Ecological Integrity''; 
``Management Plan''; ``Redband Trout Reserve''; ``Secretary''; 
``Science Committee''; and ``Wilderness Area''.

Section 3. Maps and legal descriptions

    This section directs the Secretary of the Interior to 
prepare and submit to Congress maps and legal descriptions of 
the six specified areas.

Section 4. Valid existing rights

    Nothing in this bill affects valid existing rights.

Section 5. Protection of tribal rights

    This section clarifies the effect of the bill on Indian 
tribal rights.

  TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

Section 101. Designation of Steens Mountain Cooperative Management and 
        Protection Area

    Under this section, the Secretary of the Interior shall 
designate the Steens Mountain Cooperative Management and 
Protection Area, consisting of approximately 425,550 acres of 
federal land in Harney County, Oregon.

Section 102. Purpose and objectives of Cooperative Management and 
        Protection Area

    Section 102 sets forth the purpose and objectives for the 
Area.

Section 111. Management authorities and purposes

    This section sets forth provisions regarding management of 
federal lands in the Area. It requires a plan, within four 
years of enactment, for the long-range protection and 
management of such lands.

Section 112. Roads and travel access

    This section requires a comprehensive transportation plan 
for federal lands in the Area as part of the Management Plan. 
It prohibits off-road travel on federal lands in the Area, 
except under certain circumstances. Any determination to close 
an existing road or to restrict vehicular access on certain 
roads requires consultation with the advisory council and the 
public. The section bars construction of roads or trails for 
motorized vehicles unless the Secretary determines it necessary 
for public safety or environmental protection. The Secretary 
shall provide reasonable access to nonfederal lands in the 
Area. Nothing in the bill shall terminate a valid existing 
right-of-way on federal lands in the Area.

Section 113. Land use authorities

    Section 113 allows only such uses of federal lands in the 
Area as the Secretary finds further the purposes for which the 
Area is established. The section prohibits commercial timber 
harvest, and permits the removal of trees only if needed for 
ecological restoration and maintenance or public safety. It 
authorizes the sale of forest products from removals outside 
the wilderness areas or wilderness study areas. The section 
describes juniper management priorities and goals in the Area. 
It permits hunting, fishing and trapping on Area lands, with 
certain limitations. The section requires the cancellation of 
grazing permits on specified allotments, designates forage 
replacements in other allotments, and requires the Secretary to 
construct fencing and water developments on replacement 
allotments. The section bars the construction of new facilities 
on federal lands in the Area unless minimal in nature and 
consistent with the purposes of the bill. Section 113 withdraws 
federal lands in the Area from all forms of entry, 
appropriation, or disposal under the public land laws, except 
for certain exchanges.

Section 114. Land acquisition authority

    Section 114 authorizes the Secretary to acquire non-federal 
lands and interests in lands in the Area or the wilderness 
areas established by this bill. The section stipulates how 
acquired lands will be managed. In appraising lands, the 
Secretary shall disregard any adverse impacts on values 
resulting from the designation of the Area.

Section 115. Special use permits

    Section 115 authorizes the Secretary to renew a special 
recreational use permit to the extent the permit is consistent 
with the Wilderness Act. If not, the Secretary is directed to 
seek other opportunities for the permit holder to realize 
historic permit use.

Section 121. Cooperative management agreements

    This section authorizes the Secretary to work with non-
federal landowners in the Area who agree to participate in the 
cooperative management of federal and non-federal lands in the 
Area. It permits the Secretary to enter into agreements with 
the Burns Paiute Tribe to protect cultural sites in the Area.

Section 122. Cooperative efforts to control development and encourage 
        conservation

    This section outlines cooperative efforts to control 
development and encourage conservation. Nothing in this bill is 
intended to affects rights or interests in real property or 
supersede State law.

Section 131. Establishment of advisory council

    This section requires the Secretary to establish the Steens 
Mountain Advisory Council to advise the Secretary in managing 
the wilderness areas and the Area and in promoting cooperative 
management. The section specifies how the 12 voting members 
will be nominated. All members will be appointed by the 
Secretary. The section further specifies terms, administrative 
support, state liaison, and laws applicable to the advisory 
council.

Section 132. Advisory role in management activities

    Section 132 outlines the role of the advisory council in 
developing recommendations for the Secretary regarding the 
management of the Area.

Section 133. Science Committee

    Section 133 directs the Secretary to appoint, as needed or 
at the advisory council's request, a team of scientists to 
provide advice on questions relating to Area management.

               TITLE II--STEENS MOUNTAIN WILDERNESS AREAS

Section 201. Designation of Steens Mountain Wilderness Area

    This section designates certain federal lands within the 
Area as wilderness.

Section 202. Administration of wilderness area

    The Secretary shall administer the wilderness area in 
accordance with this title and the Wilderness Act. Any 
wilderness boundary along a road will be set back from the 
centerline consistent with Bureau of Land Management 
guidelines. The section provides reasonable access to private 
lands within the boundary of the wilderness area, and retires 
certain grazing permits in the wilderness area.

Section 203. Water rights

    Section 203 reserves a quantity of water sufficient to 
fulfill the purposes for which the wilderness areas are 
designated.

Section 204. Treatment of wilderness study areas

    Wilderness study areas within the Area which are not 
designated as wilderness will continue to be managed as 
wilderness study areas. The section cites activities that may 
be permitted in wilderness study areas consistent with section 
603(c) of the Federal Land Policy and Management Act of 1976, 
and expands the Basque Hills Wilderness Study Area.

          TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE

Section 301. Designation of streams for wild and scenic river status in 
        Steens Mountain Area

    Section 301 amends the Wild and Scenic Rivers Act to 
include segments of Mud Creek, Ankle Creek, the South Fork of 
Ankle Creek, Little Wildhorse Creek and Wildhorse Creeks, all 
located in the Area. All segments are designated as a wild 
river.

Section 302. Donner und Blitzen River Redband Trout Reserve

    Section 302 directs the Secretary to designate the Donner 
und Blitzen Redband Trout Reserve, and specifies the purposes 
of the Reserve. The Reserve excludes private lands adjacent to 
the river from the Reserve. The section requires the Secretary 
to remove the dam located below the mouth of Fish Creek and 
above Page Springs if removal of the dam is scientifically 
justified and funds are available for such purpose. The section 
further authorizes outreach and education programs associated 
with the Reserve.

                   TITLE IV--MINERAL WITHDRAWAL AREA

Section 401. Designation of mineral withdrawal area

    This section requires all federal lands included within the 
mineral withdrawal boundary to be withdrawn from location, 
entry, and patent under the mining laws and operation of the 
mineral leasing, geothermal, and minerals materials laws. It 
authorizes the development of saleable mineral resources, for 
road maintenance use only, in certain identified locations 
within the mineral withdrawal boundary where development was 
previously authorized.

Section 402. Treatment of State lands and mineral interests

    Section 402 provides for the exchange of lands and mineral 
interests managed by the Oregon Division of State Lands and 
located within the mineral withdrawal area for federal lands or 
mineral interests outside such area, or a monetary payment to 
the State, or some combination thereof.

      TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

Section 501. Wildlands Juniper Management Area

    The Secretary shall establish a Wildlands Juniper 
Management Area to further the purposes of section 133(c) of 
the bill. The section authorizes $5 million to carry out this 
title and section 113(c).

Section 502. Release from wilderness study area status

    Lands in the Wildlands Juniper Management Area are released 
from wilderness study area status.

                        TITLE VI--LAND EXCHANGES

Section 601. Land exchange, Roaring Springs Ranch

Section 602. Land exchanges, C.M. Otley and Otley Brothers

Section 603. Land exchange, Tom J. Davis Livestock, Incorporated

Section 604. Land exchange, Lowther (Clemens) Ranch

Section 605. General provisions applicable to land exchanges

    These sections authorize the Secretary, for purposes of 
protecting and consolidating federal lands within the 
wilderness areas, to carry out five separate land exchanges 
with specified corporations and individuals, and to include 
acquired private lands in a wilderness area. The sections 
provide non-federal parties with economic adjustment 
disbursements to compensate for lost productivity and economic 
activity caused by the dislocation and reallocation of 
resources and the disruption and termination of traditional 
management techniques as a result of the enactment of this 
bill. The sections also specify the deadline for the completion 
of each exchange.

                     TITLE VII--FUNDING AUTHORITIES

Section 701. Authorization of appropriations

    Section 701 authorizes such sums as may be necessary to 
carry out the bill, except as provided for in Section 702.

Section 702. Use of Land and Water Conservation Fund

    Section 702 authorizes appropriations from the Land and 
Water Conservation Fund for acquisition of non-federal lands 
and interests in the Area and wilderness areas and for entering 
into nondevelopment and conservation easements.

                            Committee Action

    H.R. 4828 was introduced on July 12, 2000, by Congressman 
Greg Walden (R-OR). The bill was referred to the Committee on 
Resources, and additionally to the Committee on Agriculture. 
Within the Committee the bill was referred to the Subcommittee 
on National Parks and Public Lands and the Subcommittee on 
Energy and Mineral Resources. On July 18, 2000, the 
Subcommittee on National Parks and Public Lands conducted a 
hearing on the bill. On September 20, 2000, the full Resources 
Committee met to consider H.R. 4828. The Subcommittee on 
National Parks and Public Lands and the Subcommittee on Energy 
and Mineral Resources were discharged from further 
consideration of the bill by unanimous consent. Congressman 
Walden offered an amendment in the nature of a substitute that 
reflected further negotiations among the parties involved. 
Congressman Richard Pombo (R-CA) offered and withdrew an 
amendment to strike section 203(a) from the bill. Congressman 
Mark Udall (D-CO) offered and withdrew an amendment which 
affected the wilderness study areas under the bill. The 
amendment in the nature of a substitute was adopted by voice 
vote. The bill, as amended, was then ordered favorably reported 
to the House of Representatives, by a vote of 24 to 5, as 
follows:

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill could affect direct spending (including offsetting 
receipts) but any such effects would be less than $500,000 per 
year.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 29, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4828, the Steens 
Mountain Cooperative Management and Protection Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4828--Steens Mountain Cooperative Management and Protection Act of 
        2000

    Summary: CBO estimates that implementing H.R. 4828 would 
cost $30 million over the 2001-2005 period, assuming 
appropriation of the necessary amounts. Because the bill would 
affect direct spending (including offsetting receipts), pay-as-
you-go procedures would apply, but we estimate that any such 
effects would total less than $500,000 a year.
    H.R. 4828 would withdraw 896,907 acres of federal land in 
the vicinity of Steens Mountain, Oregon, from mining and from 
mineral and geothermal leasing and development. Within that 
area, the bill would direct the Secretary of the Interior to 
establish the Steens Mountain Cooperative Management and 
Protection Area on about 425,550 acres of federal land, and 
would designate 152,632 acres of other federal lands as 
wilderness. H.R. 4828 would authorize the appropriation of $25 
million for the Secretary to acquire nonfederal lands and 
conservation easements within the proposed protection area and 
$5 million to study the role of fire in managing juniper 
forests. The bill also would authorize the appropriation of 
whatever sums are necessary to manage the federal lands 
included in the protection and wilderness areas, conduct 
certain land exchanges authorized by the bill, and establish 
new programs for managing natural resources within the proposed 
protection area.
    H.R. 4828 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs incurred by state, local, or tribal governments to 
participate in managing the areas affected by this bill would 
be voluntary.
    Estimated cost to the Federal Government: CBO estimates 
that implementing H.R. 4828 would cost $30 million over the 
2001-2005 period, assuming appropriation of the necessary 
amounts. The legislation also would affect direct spending, but 
we estimate that any such impacts would be less than $500,000 a 
year. The estimated budgetary impact of H.R. 4828 is shown in 
the following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal year, in million of dollars--
                                                                 -----------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Estimated Authorization Level...................................       0      16       6       6       6       6
Estimated Outlays...............................................       0       8       5       5       6       6
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 4828 also would affect direct spending, but by less than $500,000 a year.

    Basis of estimate: For this estimate, we assume that H.R. 
4828 will be enacted near the start of fiscal year 2001 and 
that the amounts estimated to be necessary will be appropriated 
near the start of each fiscal year. Estimates of outlays are 
based on historical spending patterns for similar activities.

Spending subject to appropriation

    Implementing several provisions of H.R. 4828 would increase 
costs for the Bureau of Land Management (BLM), the agency 
responsible for managing the federal lands affected by the 
bill. Those provisions would:
           Authorize the Secretary to establish the 
        proposed protection and wilderness areas and specify 
        conditions for grazing and other resource management 
        activities on those lands,
           Authorize the appropriation of $25 million 
        for the Secretary to acquire nonfederal lands within 
        the proposed protection area and provide incentives for 
        landowners within that area to grant conservation 
        easements on their properties,
           Establish the Wildlands Juniper Management 
        Area and authorize the appropriation of $5 million to 
        study the role of fire in managing juniper forests,
           Authorize several land exchanges.
    Establishment and Management Costs. H.R. 4828 would direct 
the BLM to establish and manage the proposed protection and 
wilderness areas pursuant to a management plan required under 
the bill. The bill would require the Secretary to establish an 
advisory council to assist in implementing that plan and would 
specify certain conditions for the management of resources 
within the proposed areas. Within the protection area, H.R. 
4828 would require the Secretary to prohibit livestock grazing 
in certain areas and to build fences around other specified 
areas where grazing would be permitted. The bill would 
designate about 24 miles of river segments within the proposed 
wilderness area as wild rivers and establish a trout reserve 
for conserving and protecting redband trout within those 
rivers. Based on information from BLM, CBO estimates that these 
activities would cost about $1 million annually.
    Acquisition of Land and Easements. H.R. 4828 would 
authorize the appropriation of $25 million for BLM to acquire 
nonfederal lands within the proposed protection area from 
willing sellers and to provide incentives for landowners to 
grant non-development or conservation easements on their 
property. Based on information from BLM, we estimate that these 
activities would cost about $15 million over the next five 
years, and that remaining amounts would be spent over the 2006-
2010 period.
    Wildlands Juniper Management Area. The bill also would 
authorize the appropriation of $5 million for BLM to establish 
a management area for studying the role of fire in managing 
juniper forests. Based on information from the agency, we 
estimate that this effort would cost $5 million over the 2001-
2004 period.
    Land Exchanges. H.R. 4828 would authorize the Secretary to 
conduct five land exchanges with private parties and would 
specify the terms of each of those exchanges. Under the bill, 
the Secretary would exchange about 104,234 acres of federal 
lands beyond the boundaries of the proposed protection area for 
about 18,446 acres of privately-owned land within that area. 
The bill would authorize the Secretary to make a specified 
payment to the private party involved in each exchange. Based 
on information from BLM, we expect that all of the lands would 
be exchanged during fiscal year 2001 and that payments made as 
part of those exchanges would total about $5 million in that 
year.
    Finally, H.R. 4828 would direct the Secretary to acquire 
from the state of Oregon, through exchange, or purchase, 
roughly 1,100 acres of land and 50,000 acres of mineral estate 
located within the boundaries of the proposed mineral 
withdrawal area. According to BLM and the state, both parties 
would prefer to exchange lands of approximately equal value 
under this provision. Any payments to the state would come from 
appropriated funds. While the terms of any such exchange are 
highly uncertain, we expect that any amounts paid to the state 
would be insignificant.

Direct spending

    H.R. 4828 contains several provisions that could affect 
offsetting receipts (a credit against direct spending) and 
payments to states for their share of those receipts. First, 
subject to valid existing rights, H.R. 4828 would withdraw 
certain lands from mining, mineral leasing, and geothermal 
leasing. Second, the bill would prohibit commercial timber 
harvesting within the proposed protection area. Third, H.R. 
4828 would authorize the Secretary to exchange certain federal 
lands that currently produce some offsetting receipts. Based on 
information from BLM, we estimate that the net impact on direct 
spending of those provisions would be less than $500,000 in any 
given year. According to the agency, the affected lands 
currently generate no significant receipts and are not expected 
to do so in the near future.
    In addition, H.R. 4828 would authorize the Secretary to 
convey to Oregon federal lands in exchange for certain state 
lands, but does not specify the federal lands to be exchanged. 
Because it is uncertain which federal lands would be exchanged, 
we cannot estimate the amount of any forgone receipts that 
might result under this provision. Based on information from 
BLM regarding the likely terms of any such exchange, however, 
we expect that the agency would not exchange lands that produce 
a significant amount of receipts. Hence, we expect that any 
forgone receipts resulting from a land exchange with the state 
would be small.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. H.R. 
4828 contains provisions that could reduce offsetting receipts 
(a credit against direct spending) from the use of federal 
lands; thus, pay-as-you-go procedures would apply. CBO 
estimates, however, that any changes in direct spending would 
total less than $500,000 a year.
    Intergovernmental and private sector impact: H.R. 4828 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Any costs incurred by state, local, or tribal 
governments to participate in managing the areas affected by 
this bill would be voluntary.
    Estimate prepared by: Federal Costs: Megan Carroll.
    Impact on State, Local, and Tribal Governments: Marjorie 
Miller.
    Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              SECTION 3 OF THE WILD AND SCENIC RIVERS ACT

  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
  (1) * * *

           *       *       *       *       *       *       *

  (74) Donner und Blitzen, Oregon.--Those segments, including 
its major tributaries, as a wild river; to be administered by 
the Secretary of the Interior as follows:
          (A) The 16.75-mile segment of the Donner und Blitzen 
        from its confluence with the South Fork Blitzen and 
        Little Blitzen[;].
          (B) [the] The 12.5-mile segment of the Little Blitzen 
        from its headwaters to its confluence with the South 
        Fork Blitzen[;].
          (C) [the] The 16.5-mile segment of the South Fork 
        Blitzen from its headwaters to its confluence with the 
        South Fork Blitzen[;].
          (D) [the] The 10-mile segment of Big Indian Creek 
        from its headwaters to its confluence with the South 
        Fork Blitzen[;].
          (E) [the] The 3.7-mile segment of Little Indian Creek 
        from its headwaters to its confluence with Big Indian 
        Creek[; and].
          (F) [the] The 13.25-mile segment of Fish Creek from 
        its headwaters to its confluence with the Donner und 
        Blitzen.
          (G) The 5.1 mile segment of Mud Creek from its 
        confluence with an unnamed spring in the SW\1/4\SE\1/4\ 
        of section 32, township 33 south, range 33 east, to its 
        confluence with the Donner und Blitzen River.
          (H) The 8.1 mile segment of Ankle Creek from its 
        headwaters to its confluence with the Donner und 
        Blitzen River.
          (I) The 1.6 mile segment of the South Fork of Ankle 
        Creek from its confluence with an unnamed tributary in 
        the SE\1/4\SE\1/4\ of section 17, township 34 south, 
        range 33 east, to its confluence with Ankle Creek.

           *       *       *       *       *       *       *

  (163) Wildhorse Creek, Oregon.--The following segments in the 
Steens Mountain Cooperative Management and Protection Area in 
the State of Oregon, to be administered by the Secretary of the 
Interior as a wild river:
          (A) The 2.6 mile segment of Little Wildhorse Creek 
        from its headwaters to its confluence with Wildhorse 
        Creek.
          (B) The 7.0 mile segment of Wildhorse Creek from its 
        headwaters, and including .36 stream miles into section 
        34, township 34 south, range 33 east.

           *       *       *       *       *       *       *

                        Committee Correspondence

                          House of Representatives,
                                    Committee on Resources,
                                   Washington, DC, October 2, 2000.
Hon. Larry Combest,
Chairman, Committee on Agriculture, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: On September 20, 2000, the Committee on 
Resources ordered favorably reported with amendment H.R. 4828, 
the Steens Mountain Cooperative Management and Protection Act 
of 2000. The bill was referred to the Committee on Resources, 
with an additional referral to the Committee on Agriculture. 
This bill was ordered favorably reported by a bipartisan vote 
of 24 to 5, and its author, Congressman Greg Walden, would like 
to see it considered on the Floor before we end the 106th 
Congress as it is vitally important to the people of eastern 
Oregon.
    Knowing that we have only a few days at most left, I ask 
that you allow the Committee on Agriculture to be discharged 
from further consideration of the bill so that it may be 
scheduled under suspension of the rules as soon as possible. By 
allowing the Committee on Agriculture to be discharged, I 
recognize that this action would not be considered as precedent 
for any future referrals of similar measures or seen as 
affecting your Committee's jurisdiction over the subject matter 
of the bill. Moreover, if the bill is conferenced with the 
Senate, I would support naming Agriculture Committee members to 
the conference committee. I would also be pleased to include 
this letter and your response to the Committee bill report on 
H.R. 4828.
            Sincerely,
                                                 Don Young,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                   Washington, DC, October 2, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for forwarding a draft copy of 
the Committee report to accompany H.R. 4828, a bill to 
designate wilderness areas and a cooperative management and 
protection area in the vicinity of Steens Mountain in Harney 
County, Oregon, as ordered reported by your Committee.
    As you are aware, the Committee on Agriculture received an 
additional referral of this legislation on those provisions of 
H.R. 4828 that fall within this Committee's jurisdiction. 
However, after conferring with Chairman Goodlatte of the 
Subcommittee on Department Operations, Oversight, Nutrition, 
and Forestry, I will be glad to waive further consideration of 
this measure so as to allow its timely consideration by the 
entire House of Representatives during remainder of the 106th 
Congress.
    This action is not intended to waive this Committee's 
jurisdiction over this matter for all purposes, and in the 
event a conference with the Senate is requested in this matter, 
I would ask you to support the Committee on Agriculture's 
request to be represented.
    Thank you very much for your courtesy in this matter and I 
look forward to continued cooperation between our Committees as 
we deal with these issues in the future.
            Sincerely,
                                             Larry Combest,
                                                          Chairman.

                                
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