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Union Calendar No. 560

106TH CONGRESS

2D SESSION H. R. 4828

[Report No. 106–929, Part I]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 2000

Mr. WALDEN of Oregon (for himself and Mr. BLUMENAUER) introduced the

following bill; which was referred to the Committee on Resources, and in

addition to the Committee on Agriculture, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

OCTOBER 3, 2000

Additional sponsor: Ms. HOOLEY of Oregon

OCTOBER 3, 2000

Reported from the Committee on Resources with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

OCTOBER 3, 2000

Referral to the Committee on Agriculture extended for a period ending not

later than October 3, 2000

OCTOBER 3, 2000

The Committee on Agriculture discharged; committed to the Committee of the

Whole House on the State of the Union and ordered to be printed
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[For text of introduced bill, see copy of bill as introduced on July 12, 2000]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; PURPOSES; TABLE OF CON4 TENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Steens Mountain Cooperative Management and Protection

7 Act of 2000’’.

8 (b) PURPOSES.—The purposes of this Act are the fol9 lowing:

10 (1) To maintain the cultural, economic, ecologi11 cal, and social health of the Steens Mountain area in

12 Harney County, Oregon.

13 (2) To designate the Steens Mountain Wilderness

14 Area.

15 (3) To designate the Steens Mountain Coopera16 tive Management and Protection Area.

17 (4) To provide for the acquisition of private

18 lands through exchange for inclusion in the Wilder-
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1 ness Area and the Cooperative Management and Pro2 tection Area.

3 (5) To provide for and expand cooperative man4 agement activities between public and private land5 owners in the vicinity of the Wilderness Area and

6 surrounding lands.

7 (6) To authorize the purchase of land and devel8 opment and nondevelopment rights.

9 (7) To designate additional components of the

10 National Wild and Scenic Rivers System.

11 (8) To establish a reserve for redband trout and

12 a wildlands juniper management area.

13 (9) To establish a citizens’ management advisory

14 council for the Cooperative Management and Protec15 tion Area.

16 (10) To maintain and enhance cooperative and

17 innovative management practices between the public

18 and private land managers in the Cooperative Man19 agement and Protection Area.

20 (11) To promote viable and sustainable grazing

21 and recreation operations on private and public

22 lands.

23 (12) To conserve, protect, and manage for

24 healthy watersheds and the long-term ecological integ25 rity of Steens Mountain.
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1 (13) To authorize only such uses on Federal

2 lands in the Cooperative Management and Protection

3 Area that are consistent with the purposes of this Act.

4 (c) TABLE OF CONTENTS.—The table of contents of this

5 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.
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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.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) ADVISORY COUNCIL.—The term ‘‘advisory

4 council’’ means the Steens Mountain Advisory Coun5 cil established by title IV.

6 (2) COOPERATIVE MANAGEMENT AGREEMENT.—

7 An agreement to plan or implement (or both) cooper8 ative recreation, ecological, grazing, fishery, vegeta9 tion, prescribed fire, cultural site protection, wildfire

10 or other measures to beneficially meet public use

11 needs and the public land and private land objectives

12 of this Act.

13 (3) COOPERATIVE MANAGEMENT AND PROTEC14 TION AREA.—The term ‘‘Cooperative Management

15 and Protection Area’’ means the Steens Mountain Co-
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1 operative Management and Protection Area des2 ignated by title I.

3 (4) EASEMENTS.—

4 (A) CONSERVATION EASEMENT.—The term

5 ‘‘conservation easement’’ means a binding con6 tractual agreement between the Secretary and a

7 landowner in the Cooperative Management and

8 Protection Area under which the landowner, per9 manently or during a time period specified in

10 the agreement, agrees to conserve or restore habi11 tat, open space, scenic, or other ecological re12 source values on the land covered by the ease13 ment.

14 (B) NONDEVELOPMENT EASEMENT.—The

15 term ‘‘nondevelopment easement’’ means a bind16 ing contractual agreement between the Secretary

17 and a landowner in the Cooperative Manage18 ment and Protection Area that will, permanently

19 or during a time period specified in the

20 agreement—

21 (i) prevent or restrict development on

22 the land covered by the easement; or

23 (ii) protect open space or viewshed.

24 (5) ECOLOGICAL INTEGRITY.—The term ‘‘ecologi25 cal integrity’’ means a landscape where ecological
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1 processes are functioning to maintain the structure,

2 composition, activity, and resilience of the landscape

3 over time, including—

4 (A) a complex of plant communities, habi5 tats and conditions representative of variable

6 and sustainable successional conditions; and

7 (B) the maintenance of biological diversity,

8 soil fertility, and genetic interchange.

9 (6) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the management plan for the Co11 operative Management and Protection Area and the

12 Wilderness Area required to be prepared by section

13 111(b).

14 (7) REDBAND TROUT RESERVE.—The term

15 ‘‘Redband Trout Reserve’’ means the Donner und

16 Blitzen Redband Trout Reserve designated by section

17 302.

18 (8) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of the Interior, acting through the Bu20 reau of Land Management.

21 (9) SCIENCE COMMITTEE.—The term ‘‘science

22 committee’’ means the committee of independent sci23 entists appointed under section 133.
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1 (10) WILDERNESS AREA.—The term ‘‘Wilderness

2 Area’’ means the Steens Mountain Wilderness Area

3 designated by title II.

4 SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

5 (a) PREPARATION AND SUBMISSION.—As soon as prac6 ticable after the date of the enactment of this Act, the Sec7 retary shall prepare and submit to Congress maps and legal

8 descriptions of the following:

9 (1) The Cooperative Management and Protection

10 Area.

11 (2) The Wilderness Area.

12 (3) The wild and scenic river segments and

13 redband trout reserve designated by title III.

14 (4) The mineral withdrawal area designated by

15 title IV.

16 (5) The wildlands juniper management area es17 tablished by title V.

18 (6) The land exchanges required by title VI.

19 (b) LEGAL EFFECT AND CORRECTION.—The maps and

20 legal descriptions referred to in subsection (a) shall have

21 the same force and effect as if included in this Act, except

22 the Secretary may correct clerical and typographical errors

23 in such maps and legal descriptions.

24 (c) PUBLIC AVAILABILITY.—Copies of the maps and

25 legal descriptions referred to in subsection (a) shall be on
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1 file and available for public inspection in the Office of the

2 Director of the Bureau of Land Management and in the

3 appropriate office of the Bureau of Land Management in

4 the State of Oregon.

5 SEC. 4. VALID EXISTING RIGHTS.

6 Nothing in this Act shall effect any valid existing

7 right.

8 SEC. 5. PROTECTION OF TRIBAL RIGHTS.

9 Nothing in this Act shall be construed to diminish the

10 rights of any Indian tribe. Nothing in this Act shall be con11 strued to diminish tribal rights, including those of the

12 Burns Paiute Tribe, regarding access to Federal lands for

13 tribal activities, including spiritual, cultural, and tradi14 tional food gathering activities.

15 TITLE I—STEENS MOUNTAIN CO16 OPERATIVE MANAGEMENT

17 AND PROTECTION AREA

18 Subtitle A—Designation and

19 Purposes

20 SEC. 101. DESIGNATION OF STEENS MOUNTAIN COOPERA21 TIVE MANAGEMENT AND PROTECTION AREA.

22 (a) DESIGNATION.—The Secretary shall designate the

23 Steens Mountain Cooperative Management and Protection

24 Area consisting of approximately 425,550 acres of Federal

25 land located in Harney County, Oregon, in the vicinity of
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1 Steens Mountain, as generally depicted on the map entitled

2 ‘‘Steens Mountain Boundary Map’’ and dated September

3 18, 2000.

4 (b) CONTENTS OF MAP.—In addition to the general

5 boundaries of the Cooperative Management and Protection

6 Area, the map referred to in subsection (a) also depicts the

7 general boundaries of the following:

8 (1) The no livestock grazing area described in

9 section 113(e).

10 (2) The mineral withdrawal area designated by

11 title IV.

12 (3) The wildlands juniper management area es13 tablished by title V.

14 SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE

15 MANAGEMENT AND PROTECTION AREA.

16 (a) PURPOSE.—The purpose of the Cooperative Man17 agement and Protection Area is to conserve, protect, and

18 manage the long-term ecological integrity of Steens Moun19 tain for future and present generations.

20 (b) OBJECTIVES.—To further the purpose specified in

21 subsection (a), and consistent with such purpose, the Sec22 retary shall manage the Cooperative Management and Pro23 tection Area for the benefit of present and future

24 generations—
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1 (1) to maintain and enhance cooperative and in2 novative management projects, programs and agree3 ments between tribal, public, and private interests in

4 the Cooperative Management and Protection Area;

5 (2) to promote grazing, recreation, historic, and

6 other uses that are sustainable;

7 (3) to conserve, protect and to ensure traditional

8 access to cultural, gathering, religious, and archae9 ological sites by the Burns Paiute Tribe on Federal

10 lands and to promote cooperation with private land11 owners;

12 (4) to ensure the conservation, protection, and

13 improved management of the ecological, social, and

14 economic environment of the Cooperative Management

15 and Protection Area, including geological, biological,

16 wildlife, riparian, and scenic resources; and

17 (5) to promote and foster cooperation, commu18 nication, and understanding and to reduce conflict

19 between Steens Mountain users and interests.

20 Subtitle B—Management of Federal

21 Lands

22 SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.

23 (a) IN GENERAL.—The Secretary shall manage all

24 Federal lands included in the Cooperative Management and

25 Protection Area pursuant to the Federal Land Policy and
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1 Management Act of 1976 (43 U.S.C. 1701 et seq.) and other

2 applicable provisions of law, including this Act, in a man3 ner that—

4 (1) ensures the conservation, protection, and im5 proved management of the ecological, social and eco6 nomic environment of the Cooperative Management

7 and Protection Area, including geological, biological,

8 wildlife, riparian, and scenic resources, North Amer9 ican Indian tribal and cultural and archaeological

10 resource sites, and additional cultural and historic

11 sites; and

12 (2) recognizes and allows current and historic

13 recreational use.

14 (b) MANAGEMENT PLAN.—Within four years after the

15 date of the enactment of this Act, the Secretary shall develop

16 a comprehensive plan for the long-range protection and

17 management of the Federal lands included in the Coopera18 tive Management and Protection Area, including the Wil19 derness Area. The plan shall—

20 (1) describe the appropriate uses and manage21 ment of the Cooperative Management and Protection

22 Area consistent with this Act;

23 (2) incorporate, as appropriate, decisions con24 tained in any current or future management or activ25 ity plan for the Cooperative Management and Protec-
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1 tion Area and use information developed in previous

2 studies of the lands within or adjacent to the Cooper3 ative Management and Protection Area;

4 (3) provide for coordination with State, county,

5 and private local landowners and the Burns Paiute

6 Tribe; and

7 (4) determine measurable and achievable man8 agement objectives, consistent with the management

9 objectives in section 102, to ensure the ecological in10 tegrity of the area.

11 (c) MONITORING.—The Secretary shall implement a

12 monitoring program for Federal lands in the Cooperative

13 Management and Protection Area so that progress towards

14 ecological integrity objectives can be determined.

15 SEC. 112. ROADS AND TRAVEL ACCESS.

16 (a) TRANSPORTATION PLAN.—The management plan

17 shall include, as an integral part, a comprehensive trans18 portation plan for the Federal lands included in the Cooper19 ative Management and Protection Area, which shall address

20 the maintenance, improvement, and closure of roads and

21 trails as well as travel access.

22 (b) PROHIBITION ON OFF-ROAD MOTORIZED TRAV23 EL.—
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1 (1) PROHIBITION.—The use of motorized or

2 mechanized vehicles on Federal lands included in the

3 Cooperative Management and Protection Area—

4 (A) is prohibited off road; and

5 (B) is limited to such roads and trails as

6 may be designated for their use as part of the

7 management plan.

8 (2) EXCEPTIONS.—Paragraph (1) does not pro9 hibit the use of motorized or mechanized vehicles on

10 Federal lands included in the Cooperative Manage11 ment and Protection Area if the Secretary determines

12 that such use—

13 (A) is needed for administrative purposes or

14 to respond to an emergency; or

15 (B) is appropriate for the construction or

16 maintenance of agricultural facilities, fish and

17 wildlife management, or ecological restoration

18 projects, except in areas designated as wilderness

19 or managed under the provisions of section

20 603(c) of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1782).

22 (c) ROAD CLOSURES.—Any determination to perma23 nently close an existing road in the Cooperative Manage24 ment and Protection Area or to restrict the access of motor-
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1 ized or mechanized vehicles on certain roads shall be made

2 in consultation with the advisory council and the public.

3 (d) PROHIBITION ON NEW CONSTRUCTION.—

4 (1) PROHIBITION, EXCEPTION.—No new road or

5 trail for motorized or mechanized vehicles may be

6 constructed on Federal lands in the Cooperative Man7 agement and Protection Area unless the Secretary de8 termines that the road or trail is necessary for public

9 safety or protection of the environment. Any deter10 mination under this subsection shall be made in con11 sultation with the advisory council and the public.

12 (2) TRAILS.—Nothing in this subsection is in13 tended to limit the authority of the Secretary to con14 struct or maintain trails for nonmotorized or non15 mechanized use.

16 (e) ACCESS TO NONFEDERALLY OWNED LANDS.—

17 (1) REASONABLE ACCESS.—The Secretary shall

18 provide reasonable access to nonfederally owned lands

19 or interests in land within the boundaries of the Co20 operative Management and Protection Area and the

21 Wilderness Area to provide the owner of the land or

22 interest the reasonable use thereof.

23 (2) EFFECT ON EXISTING RIGHTS-OF-WAY.—

24 Nothing in this Act shall have the effect of termi25 nating any valid existing right-of-way on Federal
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1 lands included in the Cooperative Management and

2 Protection Area.

3 SEC. 113. LAND USE AUTHORITIES.

4 (a) IN GENERAL.—The Secretary shall allow only such

5 uses of the Federal lands included in the Cooperative Man6 agement and Protection Area as the Secretary finds will

7 further the purposes for which the Cooperative Management

8 and Protection Area is established.

9 (b) COMMERCIAL TIMBER.—

10 (1) PROHIBITION.—The Federal lands included

11 in the Cooperative Management and Protection Area

12 shall not be made available for commercial timber

13 harvest.

14 (2) LIMITED EXCEPTION.—The Secretary may

15 authorize the removal of trees from Federal lands in

16 the Cooperative Management and Protection Area

17 only if the Secretary determines that the removal is

18 clearly needed for purposes of ecological restoration

19 and maintenance or for public safety. Except in the

20 Wilderness Area and the wilderness study areas re21 ferred to in section 204(a), the Secretary may author22 ize the sale of products resulting from the authorized

23 removal of trees under this paragraph.

24 (c) JUNIPER MANAGEMENT.—The Secretary shall em25 phasize the restoration of the historic fire regime in the Co-
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1 operative Management and Protection Area and the result2 ing native vegetation communities through active manage3 ment of Western Juniper on a landscape level. Management

4 measures shall include the use of natural and prescribed

5 burning.

6 (d) HUNTING, FISHING, AND TRAPPING.—

7 (1) AUTHORIZATION.—The Secretary shall per8 mit hunting, fishing, and trapping on Federal lands

9 included in the Cooperative Management and Protec10 tion Area in accordance with applicable laws and

11 regulations of the United States and the State of Or12 egon.

13 (2) AREA AND TIME LIMITATIONS.—After con14 sultation with the Oregon Department of Fish and

15 Wildlife, the Secretary may designate zones where,

16 and establish periods when, hunting, trapping or fish17 ing is prohibited on Federal lands included in the Co18 operative Management and Protection Area for rea19 sons of public safety, administration, or public use

20 and enjoyment.

21 (e) GRAZING.—

22 (1) CONTINUATION OF EXISTING LAW.—Except

23 as otherwise provided in this Act, the laws, regula24 tions, and executive orders otherwise applicable to the

25 Bureau of Land Management in issuing and admin-
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1 istering grazing leases and permits on lands under its

2 jurisdiction shall apply in regard to the Federal

3 lands included in the Cooperative Management and

4 Protection Area.

5 (2) CANCELLATION OF CERTAIN PERMITS.—The

6 Secretary shall cancel that portion of the permitted

7 grazing on Federal lands in the Fish Creek/Big In8 dian, East Ridge, and South Steens allotments lo9 cated within the area designated as the ‘‘no livestock

10 grazing area’’ on the map referred to in section

11 101(a). Upon cancellation, future grazing use in that

12 designated area is prohibited. The Secretary shall be

13 responsible for installing and maintaining any fenc14 ing required for resource protection within the des15 ignated no livestock grazing area.

16 (3) FORAGE REPLACEMENT.—Reallocation of

17 available forage shall be made as follows:

18 (A) O’Keefe pasture within the Miners Field

19 allotment to Stafford Ranches.

20 (B) Fields Seeding and Bone Creek Pasture

21 east of the county road within the Miners Field

22 allotment to Amy Ready.

23 (C) Miners Field Pasture, Schouver Seeding

24 and Bone Creek Pasture west of the county road
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1 within the Miners Field allotment to Roaring

2 Springs Ranch.

3 (D) 800 animal unit months within the

4 Crows Nest allotment to Lowther (Clemens)

5 Ranch.

6 (4) FENCING AND WATER SYSTEMS.—The Sec7 retary shall also construct fencing and develop water

8 systems as necessary to allow reasonable and efficient

9 livestock use of the forage resources referred to in

10 paragraph (3).

11 (f) PROHIBITION ON CONSTRUCTION OF FACILITIES.—

12 No new facilities may be constructed on Federal lands in13 cluded in the Cooperative Management and Protection Area

14 unless the Secretary determines that the structure—

15 (1) will be minimal in nature;

16 (2) is consistent with the purposes of this Act;

17 and

18 (3) is necessary—

19 (A) for enhancing botanical, fish, wildlife,

20 or watershed conditions;

21 (B) for public information, health, or safety;

22 (C) for the management of livestock; or

23 (D) for the management of recreation, but

24 not for the promotion of recreation.
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1 (g) WITHDRAWAL.—Subject to valid existing rights,

2 the Federal lands and interests in lands included in the

3 Cooperative Management and Protection Areas are hereby

4 withdrawn from all forms of entry, appropriation, or dis5 posal under the public land laws, except in the case of land

6 exchanges if the Secretary determines that the exchange fur7 thers the purpose and objectives specified in section 102 and

8 so certifies to Congress.

9 SEC. 114. LAND ACQUISITION AUTHORITY.

10 (a) ACQUISITION.—

11 (1) ACQUISITION AUTHORIZED.—In addition to

12 the land acquisitions authorized by title VI, the Sec13 retary may acquire other non-Federal lands and in14 terests in lands located within the boundaries of the

15 Cooperative Management and Protection Area or the

16 Wilderness Area.

17 (2) ACQUISITION METHODS.—Lands may be ac18 quired under this subsection only by voluntary ex19 change, donation, or purchase from willing sellers.

20 (b) TREATMENT OF ACQUIRED LANDS.—

21 (1) IN GENERAL.—Subject to paragraphs (2) and

22 (3), lands or interests in lands acquired under sub23 section (a) or title VI that are located within the

24 boundaries of the Cooperative Management and Pro25 tection Area shall—
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1 (A) become part of the Cooperative Manage2 ment and Protection Area; and

3 (B) be managed pursuant to the laws appli4 cable to the Cooperative Management and Pro5 tection Area.

6 (2) LANDS WITHIN WILDERNESS AREA.—If lands

7 or interests in lands acquired under subsection (a) or

8 title VI are within the boundaries of the Wilderness

9 Area, the acquired lands or interests in lands shall—

10 (A) become part of the Wilderness Area; and

11 (B) be managed pursuant to title II and the

12 other laws applicable to the Wilderness Area.

13 (3) LANDS WITHIN WILDERNESS STUDY AREA.—

14 If the lands or interests in lands acquired under sub15 section (a) or title VI are within the boundaries of a

16 wilderness study area, the acquired lands or interests

17 in lands shall—

18 (A) become part of that wilderness study

19 area; and

20 (B) be managed pursuant to the laws appli21 cable to that wilderness study area.

22 (c) APPRAISAL.—In appraising non-Federal land, de23 velopment rights, or conservation easements for possible ac24 quisition under this section or section 122, the Secretary

25 shall disregard any adverse impacts on values resulting
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1 from the designation of the Cooperative Management and

2 Protection Area or the Wilderness Area.

3 SEC. 115. SPECIAL USE PERMITS.

4 The Secretary may renew a special recreational use

5 permit applicable to lands included in the Wilderness Area

6 to the extent that the Secretary determines that the permit

7 is consistent with the Wilderness Act (16 U.S.C. 1131 et

8 seq.). If renewal is not consistent with the Wilderness Act,

9 the Secretary shall seek other opportunities for the permit

10 holder through modification of the permit to realize historic

11 permit use to the extent that the use is consistent with the

12 Wilderness Act and this Act, as determined by the Sec13 retary.

14 Subtitle C—Cooperative

15 Management

16 SEC. 121. COOPERATIVE MANAGEMENT AGREEMENTS.

17 (a) COOPERATIVE EFFORTS.—To further the purposes

18 and objectives for which the Cooperative Management and

19 Protection Area is designated, the Secretary may work with

20 non-Federal landowners and other parties who voluntarily

21 agree to participate in the cooperative management of Fed22 eral and non-Federal lands in the Cooperative Management

23 and Protection Area.

24 (b) AGREEMENTS AUTHORIZED.—The Secretary may

25 enter into a cooperative management agreement with any
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1 party to provide for the cooperative conservation and man2 agement of the Federal and non-Federal lands subject to

3 the agreement.

4 (c) OTHER PARTICIPANTS.—With the consent of the

5 landowners involved, the Secretary may permit permittees,

6 special-use permit holders, other Federal and State agen7 cies, and interested members of the public to participate in

8 a cooperative management agreement as appropriate to

9 achieve the resource or land use management objectives of

10 the agreement.

11 (d) TRIBAL CULTURAL SITE PROTECTION.—The Sec12 retary may enter into agreements with the Burns Paiute

13 Tribe to protect cultural sites in the Cooperative Manage14 ment and Protection Area of importance to the tribe.

15 SEC. 122. COOPERATIVE EFFORTS TO CONTROL DEVELOP16 MENT AND ENCOURAGE CONSERVATION.

17 (a) POLICY.—Development on public and private

18 lands within the boundaries of the Cooperative Management

19 and Protection Area which is different from the current

20 character and uses of the lands is inconsistent with the pur21 poses of this Act.

22 (b) USE OF NONDEVELOPMENT AND CONSERVATION

23 EASEMENTS.—The Secretary may enter into a nondevelop24 ment easement or conservation easement with willing land25 owners to further the purposes of this Act.
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1 (c) CONSERVATION INCENTIVE PAYMENTS.—The Sec2 retary may provide technical assistance, cost-share pay3 ments, incentive payments, and education to a private

4 landowner in the Cooperative Management and Protection

5 Area who enters into a contract with the Secretary to pro6 tect or enhance ecological resources on the private land cov7 ered by the contract if those protections or enhancements

8 benefit public lands.

9 (d) RELATION TO PROPERTY RIGHTS AND STATE AND

10 LOCAL LAW.—Nothing in this Act is intended to affect

11 rights or interests in real property or supersede State law.

12 Subtitle D—Advisory Council

13 SEC. 131. ESTABLISHMENT OF ADVISORY COUNCIL.

14 (a) ESTABLISHMENT.—The Secretary shall establish

15 the Steens Mountain Advisory Council to advise the Sec16 retary in managing the Cooperative Management and Pro17 tection Area and in promoting the cooperative management

18 under subtitle C.

19 (b) MEMBERS.—The advisory council shall consist of

20 12 voting members, to be appointed by the Secretary, as

21 follows:

22 (1) A private landowner in the Cooperative

23 Management and Protection Area, appointed from

24 nominees submitted by the county court for Harney

25 County, Oregon.
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1 (2) Two persons who are grazing permittees on

2 Federal lands in the Cooperative Management and

3 Protection Area, appointed from nominees submitted

4 by the county court for Harney County, Oregon.

5 (3) A person interested in fish and recreational

6 fishing in the Cooperative Management and Protec7 tion Area, appointed from nominees submitted by the

8 Governor of Oregon.

9 (4) A member of the Burns Paiute Tribe, ap10 pointed from nominees submitted by the Burns Paiute

11 Tribe.

12 (5) Two persons who are recognized environ13 mental representatives, one of whom shall represent

14 the State as a whole, and one of whom is from the

15 local area, appointed from nominees submitted by the

16 Governor of Oregon.

17 (6) A person who participates in what is com18 monly called dispersed recreation, such as hiking,

19 camping, nature viewing, nature photography, bird

20 watching, horse back riding, or trail walking, ap21 pointed from nominees submitted by the Oregon State

22 Director of the Bureau of Land Management.

23 (7) A person who is a recreational permit holder

24 or is a representative of a commercial recreation op25 eration in the Cooperative Management and Protec-
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1 tion Area, appointed from nominees submitted jointly

2 by the Oregon State Director of the Bureau of Land

3 Management and the county court for Harney Coun4 ty, Oregon.

5 (8) A person who participates in what is com6 monly called mechanized or consumptive recreation,

7 such as hunting, fishing, off-road driving, hang glid8 ing, or parasailing, appointed from nominees sub9 mitted by the Oregon State Director of the Bureau of

10 Land Management.

11 (9) A person with expertise and interest in wild

12 horse management on Steens Mountain, appointed

13 from nominees submitted by the Oregon State Direc14 tor of the Bureau of Land Management.

15 (10) A person who has no financial interest in

16 the Cooperative Management and Protection Area to

17 represent statewide interests, appointed from nomi18 nees submitted by the Governor of Oregon.

19 (c) CONSULTATION.—In reviewing nominees submitted

20 under subsection (b) for possible appointment to the advi21 sory council, the Secretary shall consult with the respective

22 community of interest that the nominees are to represent

23 to ensure that the nominees have the support of their com24 munity of interest.

25 (d) TERMS.—
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1 (1) STAGGERED TERMS.—Members of the advi2 sory council shall be appointed for terms of three

3 years, except that, of the members first appointed,

4 four members shall be appointed for a term of one

5 year and four members shall be appointed for a term

6 of two years.

7 (2) REAPPOINTMENT.—A member may be re8 appointed to serve on the advisory council.

9 (3) VACANCY.—A vacancy on the advisory coun10 cil shall be filled in the same manner as the original

11 appointment.

12 (d) CHAIRPERSON AND PROCEDURES.—The advisory

13 council shall elect a chairperson and establish such rules

14 and procedures as it deems necessary or desirable.

15 (e) SERVICE WITHOUT COMPENSATION.—Members of

16 the advisory council shall serve without pay, but the Sec17 retary shall reimburse members for reasonable expenses in18 curred in carrying out official duties as a member of the

19 council.

20 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall

21 provide the advisory council with necessary administrative

22 support and shall designate an appropriate officer of the

23 Bureau of Land Management to serve as the Secretary’s li24 aison to the council.
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1 (g) STATE LIAISON.—The Secretary shall appoint one

2 person, nominated by the Governor of Oregon, to serve as

3 the State government liaison to the advisory council.

4 (h) APPLICABLE LAW.—The advisory committee shall

5 be subject to the Federal Land Policy and Management Act

6 of 1976 (43 U.S.C. 1701 et seq.) and the Federal Advisory

7 Committee Act (5 U.S.C. App.).

8 SEC. 132. ADVISORY ROLE IN MANAGEMENT ACTIVITIES.

9 (a) MANAGEMENT RECOMMENDATIONS.—The advisory

10 committee shall utilize sound science, existing plans for the

11 management of Federal lands included in the Cooperative

12 Management and Protection Area, and other tools to formu13 late recommendations for the Secretary regarding—

14 (1) new and unique approaches to the manage15 ment of lands within the boundaries of the Coopera16 tive Management and Protection Area; and

17 (2) cooperative programs and incentives for

18 seamless landscape management that meets human

19 needs and maintains and improves the ecological and

20 economic integrity of the Cooperative Management

21 and Protection Area.

22 (b) PREPARATION OF MANAGEMENT PLAN.—The Sec23 retary shall consult with the advisory committee as part

24 of the preparation and implementation of the management

25 plan.
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1 (c) SUBMISSION OF RECOMMENDATIONS.—No rec2 ommendations may be presented to the Secretary by the ad3 visory council without the agreement of at least nine mem4 bers of the advisory council.

5 SEC. 133. SCIENCE COMMITTEE.

6 The Secretary shall appoint, as needed or at the re7 quest of the advisory council, a team of respected, knowl8 edgeable, and diverse scientists to provide advice on ques9 tions relating to the management of the Cooperative Man10 agement and Protection Area to the Secretary and the advi11 sory council. The Secretary shall seek the advice of the advi12 sory council in making these appointments.

13 TITLE II—STEENS MOUNTAIN

14 WILDERNESS AREA

15 SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDER16 NESS AREA.

17 The Federal lands in the Cooperative Management and

18 Protection Area depicted as wilderness on the map entitled

19 ‘‘Steens Mountain Wilderness Area’’ and dated September

20 18, 2000, are hereby designated as wilderness and therefore

21 as a component of the National Wilderness Preservation

22 System. The wilderness area shall be known as the Steens

23 Mountain Wilderness Area.
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1 SEC. 202. ADMINISTRATION OF WILDERNESS AREA.

2 (a) GENERAL RULE.—The Secretary shall administer

3 the Wilderness Area in accordance with this title and the

4 Wilderness Act (16 U.S.C. 1131 et seq.). Any reference in

5 the Wilderness Act to the effective date of that Act (or any

6 similar reference) shall be deemed to be a reference to the

7 date of the enactment of this Act.

8 (b) WILDERNESS BOUNDARIES ALONG ROADS.—Where

9 a wilderness boundary exists along a road, the wilderness

10 boundary shall be set back from the centerline of the road,

11 consistent with the Bureau of Land Management’s guide12 lines as established in its Wilderness Management Policy.

13 (c) ACCESS TO NON-FEDERAL LANDS.—The Secretary

14 shall provide reasonable access to private lands within the

15 boundaries of the Wilderness Area, as provided in section

16 112(d).

17 (d) GRAZING.—

18 (1) ADMINISTRATION.—Except as provided in

19 section 113(e)(2), grazing of livestock shall be admin20 istered in accordance with the provision of section

21 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)),

22 in accordance with the provisions of this Act, and in

23 accordance with the guidelines set forth in Appendices

24 A and B of House Report 101–405 of the 101st Con25 gress.
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1 (2) RETIREMENT OF CERTAIN PERMITS.—The

2 Secretary shall permanently retire all grazing per3 mits applicable to certain lands in the Wilderness

4 Area, as depicted on the map referred to in subsection

5 (a), and livestock shall be excluded from these lands.

6 SEC. 203. WATER RIGHTS.

7 (a) RESERVATION.—Congress hereby reserves a quan8 tity of water sufficient to fulfill the purposes for which the

9 Wilderness Area are designated. The priority date of such

10 reserved rights shall be the date of the enactment of this

11 Act.

12 (b) PROTECTION.—The Secretary shall take such steps

13 as may be necessary to protect the rights reserved by sub14 section (a), including the filing by the Secretary of a claim

15 for the quantification of the rights in any present or future

16 appropriate stream adjudication in the courts of the State

17 of Oregon in which the United States is or may be joined

18 and which is conducted in accordance with section 208 of

19 the Act of July 10, 1952 (43 U.S.C. 666; commonly referred

20 the McCarran Amendment).

21 (c) RELATION TO OTHER RESERVATIONS.—Nothing in

22 this Act shall be construed as a relinquishment or reduction

23 of any water rights reserved or appropriated by the United

24 States in the State of Oregon on or before the date of enact25 ment of this Act.
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1 SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.

2 (a) STATUS UNAFFECTED.—Any wilderness study

3 area, or portion of a wilderness study area, within the

4 boundaries of the Cooperative Management and Protection

5 Area but not included in the Wilderness Area shall remain

6 a wilderness study area notwithstanding the enactment of

7 this Act.

8 (b) MANAGEMENT.—

9 (1) APPLICABLE LAWS.—The wilderness study

10 areas referred to in subsection (a) shall continue to be

11 managed under section 603(c) of the Federal Land

12 Policy and Management Act of 1976 (43 U.S.C.

13 1782(c)) in a manner so as not to impair the suit14 ability of the areas for preservation as wilderness.

15 (2) CERTAIN ACTIVITIES PERMITTED.—Con16 sistent with section 603(c) of the Federal Land Policy

17 and Management Act of 1976 (43 U.S.C. 1782(c)), the

18 Secretary may permit water developments, juniper

19 management, and fencing in a wilderness study area

20 referred to in subsection (a) when necessary to protect

21 or enhance wilderness values. The Secretary may not

22 permit management of juniper species in the wilder23 ness study areas with mechanized tools unless the Sec24 retary first considers nonmechanized treatments and

25 the recommendations of the science committee and the

26 advisory council.
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1 (c) EXPANSION OF BASQUE HILLS WILDERNESS

2 STUDY AREA.—The boundaries of the Basque Hills Wilder3 ness Study Area are hereby expanded to include the Federal

4 lands within sections 8, 16, 17, 21, 22, and 27 of township

5 36 south, range 31 east, Willamette Meridian. These lands

6 shall be managed under section 603(c) of the Federal Lands

7 Policy and Management Act of 1976 (43 U.S.C. 1782(c))

8 to protect and enhance the wilderness values of these lands.

9 TITLE III—WILD AND SCENIC

10 RIVERS AND TROUT RESERVE

11 SEC. 301. DESIGNATION OF STREAMS FOR WILD AND SCE12 NIC RIVER STATUS IN STEENS MOUNTAIN

13 AREA.

14 (a) EXPANSION OF DONNER UND BLITZEN WILD

15 RIVER.—Section 3(a)(74) of the Wild and Scenic Rivers

16 Act (16 U.S.C. 1274(a)(74)) is amended—

17 (1) by striking ‘‘the’’ at the beginning of each

18 subparagraph and inserting ‘‘The’’;

19 (2) by striking the semicolon at the end of sub20 paragraphs (A), (B), (C), and (D) and inserting a

21 period;

22 (3) by striking ‘‘; and’’ at the end of subpara23 graph (E) and inserting a period; and

24 (4) by adding at the end the following new sub25 paragraphs:
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1 ‘‘(G) The 5.1 mile segment of Mud Creek from its

2 confluence with an unnamed spring in the

SW1⁄4SE1 3 ⁄4 of section 32, township 33 south, range 33

4 east, to its confluence with the Donner und Blitzen

5 River.

6 ‘‘(H) The 8.1 mile segment of Ankle Creek from

7 its headwaters to its confluence with the Donner und

8 Blitzen River.

9 ‘‘(I) The 1.6 mile segment of the South Fork of

10 Ankle Creek from its confluence with an unnamed

tributary in the SE1⁄4SE1 11 ⁄4 of section 17, township 34

12 south, range 33 east, to its confluence with Ankle

13 Creek.’’.

14 (b) DESIGNATION OF WILDHORSE CREEK, OREGON.—

15 Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.

16 1274(a)) is amended by adding at the end the following

17 new paragraph:

18 ‘‘(163) WILDHORSE CREEK, OREGON.—The following

19 segments in the Steens Mountain Cooperative Management

20 and Protection Area in the State of Oregon, to be adminis21 tered by the Secretary of the Interior as a wild river:

22 ‘‘(A) The 2.6 mile segment of Little Wildhorse

23 Creek from its headwaters to its confluence with

24 Wildhorse Creek.
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1 ‘‘(B) The 7.0 mile segment of Wildhorse Creek

2 from its headwaters, and including .36 stream miles

3 into section 34, township 34 south, range 33 east.’’.

4 (c) MANAGEMENT.—Where management requirements

5 for a stream segment described in the amendments made

6 by this section differ between the Wild and Scenic Rivers

7 Act (16 U.S.C. 1271 et seq.) and the Wilderness Area, the

8 more restrictive requirements shall apply.

9 SEC. 302. DONNER UND BLITZEN RIVER REDBAND TROUT

10 RESERVE.

11 (a) FINDINGS.—The Congress finds the following:

12 (1) Those portions of the Donner und Blitzen

13 River in the Wilderness Area are an exceptional envi14 ronmental resource that provides habitat for unique

15 populations of native fish, migratory waterfowl, and

16 other wildlife resources, including a unique popu17 lation of redband trout.

18 (2) Redband trout represent a unique natural

19 history reflecting the Pleistocene connection between

20 the lake basins of eastern Oregon and the Snake and

21 Columbia Rivers.

22 (b) DESIGNATION OF RESERVE.—The Secretary shall

23 designate the Donner und Blitzen Redband Trout Reserve

24 consisting of the Donner und Blitzen River in the Wilder-
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1 ness Area above its confluence with Fish Creek and the Fed2 eral riparian lands immediately adjacent to the river.

3 (c) RESERVE PURPOSES.—The purposes of the

4 Redband Trout Reserve are—

5 (1) to conserve, protect, and enhance the Donner

6 und Blitzen River population of redband trout and

7 the unique ecosystem of plants, fish, and wildlife of

8 a river system; and

9 (2) to provide opportunities for scientific re10 search, environmental education, and fish and wild11 life oriented recreation and access to the extent com12 patible with paragraph (1).

13 (d) EXCLUSION OF PRIVATE LANDS.—The Redband

14 Trout Reserve does not include any private lands adjacent

15 to the Donner und Blitzen River or its tributaries.

16 (e) ADMINISTRATION.—

17 (1) IN GENERAL.—The Secretary shall admin18 ister all lands, waters, and interests therein in the

19 Redband Trout Reserve consistent with the Wilderness

20 Act (16 U.S.C. 1131 et seq.) and the Wild and Scenic

21 Rivers Act (16 U.S.C. 1271 et seq.).

22 (2) CONSULTATION.—In administering the

23 Redband Trout Reserve, the Secretary shall consult

24 with the advisory council and cooperate with the Or25 egon Department of Fish and Wildlife.
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1 (3) RELATION TO RECREATION.—To the extent

2 consistent with applicable law, the Secretary shall

3 manage recreational activities in the Redband Trout

4 Reserve in a manner that conserves the unique popu5 lation of redband trout native to the Donner und

6 Blitzen River.

7 (4) REMOVAL OF DAM.—The Secretary shall re8 move the dam located below the mouth of Fish Creek

9 and above Page Springs if removal of the dam is sci10 entifically justified and funds are available for such

11 purpose.

12 (f) OUTREACH AND EDUCATION.—The Secretary may

13 work with, provide technical assistance to, provide commu14 nity outreach and education programs for or with, or enter

15 into cooperative agreements with private landowners, State

16 and local governments or agencies, and conservation orga17 nizations to further the purposes of the Redband Trout Re18 serve.

19 TITLE IV—MINERAL

20 WITHDRAWAL AREA

21 SEC. 401. DESIGNATION OF MINERAL WITHDRAWAL AREA.

22 (a) DESIGNATION.—Subject to valid existing rights,

23 the Federal lands and interests in lands included within

24 the withdrawal boundary as depicted on the map referred

25 to in section 101(a) are hereby withdrawn from—
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1 (1) location, entry and patent under the mining

2 laws; and,

3 (2) operation of the mineral leasing and geo4 thermal leasing laws and from the minerals materials

5 laws and all amendments thereto except as specified

6 in subsection (b).

7 (b) ROAD MAINTENANCE.—If consistent with the pur8 poses of this Act and the management plan for the Coopera9 tive Management and Protection Area, the Secretary may

10 permit the development of saleable mineral resources, for

11 road maintenance use only, in those locations identified on

12 the map referred to in section 101(a) as an existing ‘‘gravel

13 pit’’ within the mineral withdrawal boundaries (excluding

14 the Wilderness Area, wilderness study areas, and designated

15 segments of the National Wild and Scenic Rivers System)

16 where such development was authorized before the date of

17 enactment of this Act.

18 SEC. 402. TREATMENT OF STATE LANDS AND MINERAL IN19 TERESTS.

20 The Secretary shall acquire all right, title, and interest

21 of the State of Oregon in lands owned by the State within

22 the boundaries of the mineral withdrawal area designated

23 pursuant to section 401 in exchange for—

24 (1) Federal lands or Federal mineral interests

25 that are outside the boundaries of the mineral with-
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1 drawal area, are of approximately equal value, and

2 are agreed to by the parties;

3 (2) a monetary payment to the State; or

4 (3) a combination of a conveyance under para5 graph (1) and a monetary payment under paragraph

6 (2).

7 TITLE V—ESTABLISHMENT OF

8 WILDLANDS JUNIPER MAN9 AGEMENT AREA

10 SEC. 501. WILDLANDS JUNIPER MANAGEMENT AREA.

11 (a) ESTABLISHMENT.—To further the purposes of sec12 tion 113(c), the Secretary shall establish a special manage13 ment area consisting of certain Federal lands in the Cooper14 ative Management and Protection Area, as depicted on the

15 map referred to in section 101(a), which shall be known

16 as the Wildlands Juniper Management Area.

17 (b) MANAGEMENT.—Special management practices

18 shall be adopted for the Wildlands Juniper Management

19 Area for the purposes of experimentation, education, inter20 pretation, and demonstration of active and passive manage21 ment intended to restore the historic fire regime and native

22 vegetation communities on Steens Mountain.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi24 tion to the authorization of appropriations in section 701,

25 there is authorized to be appropriated $5,000,000 to carry
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1 out this section and section 113(c) regarding juniper man2 agement in the Cooperative Management and Protection

3 Area.

4 SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STA5 TUS.

6 The Federal lands included in the Wildlands Juniper

7 Management Area established under section 501 are no

8 longer subject to the requirement of section 603(c) of the

9 Federal Land Policy and Management Act of 1976 (43

10 U.S.C. 1782(c)) pertaining to managing the lands so as not

11 to impair the suitability of the lands for preservation as

12 wilderness.

13 TITLE VI—LAND EXCHANGES

14 SEC. 601. LAND EXCHANGE, ROARING SPRINGS RANCH.

15 (a) EXCHANGE AUTHORIZED.—For the purpose of pro16 tecting and consolidating Federal lands within the Coopera17 tive Management and Protection Area, the Secretary may

18 carry out a land exchange with Roaring Springs Ranch,

19 Incorporated, to convey all right, title, and interest of the

20 United States in and to certain parcels of land under the

21 jurisdiction of the Bureau of Land Management in the vi22 cinity of Steens Mountain, Oregon, as depicted on the map

23 referred to in section 605(a), consisting of a total of ap24 proximately 76,373.53 acres in exchange for the private

25 lands described in subsection (b).
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1 (b) RECEIPT OF NON-FEDERAL LANDS.—As consider2 ation for the conveyance of the Federal lands referred to

3 in subsection (a), Roaring Springs Ranch, Incorporated,

4 shall convey to the Secretary parcels of land consisting of

5 approximately 10,908.72 acres, as depicted on the map re6 ferred to in section 605(a), for inclusion in the Wilderness

7 Area, a wilderness study area, and the no livestock grazing

8 area as appropriate.

9 (c) TREATMENT OF GRAZING.—Paragraphs (2) and

10 (3) of section 113(e), relating to the effect of the cancellation

11 in part of grazing permits for the South Steens allotment

12 in the Wilderness Area and reassignment of use areas as

13 described in paragraph (3)(C) of such section, shall apply

14 to the land exchange authorized by this section.

15 (d) ECONOMIC ADJUSTMENT DISBURSEMENTS.—Upon

16 the completion of the land exchange authorized by this sec17 tion, the Secretary shall make an economic adjustment dis18 bursement to the Roaring Springs Ranch, Incorporated, in

19 the amount of $2,889,000 to compensate for lost produc20 tivity and economic activity caused by the dislocation and

21 reallocation of resources and the disruption and termi22 nation of traditional management techniques as a result of

23 the enactment of this Act.

24 (e) COMPLETION OF CONVEYANCE.—The Secretary

25 shall complete the conveyance of the Federal lands under
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1 subsection (a) within 70 days after the Secretary accepts

2 the lands described in subsection (b).

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

4 BROTHERS.

5 (a) C.M. OTLEY EXCHANGE.—

6 (1) EXCHANGE AUTHORIZED.—For the purpose

7 of protecting and consolidating Federal lands within

8 the Cooperative Management and Protection Area, the

9 Secretary may carry out a land exchange with C.M.

10 Otley to convey all right, title, and interest of the

11 United States in and to certain parcels of land under

12 the jurisdiction of the Bureau of Land Management

13 in the vicinity of Steens Mountain, Oregon, as de14 picted on the map referred to in section 605(a), con15 sisting of a total of approximately 3,844.58 acres in

16 exchange for the private lands described in paragraph

17 (2).

18 (2) RECEIPT OF NON-FEDERAL LANDS.—As con19 sideration for the conveyance of the Federal lands re20 ferred to in paragraph (1), C.M. Otley shall convey

21 to the Secretary a parcel of land in the headwaters

22 of Kiger gorge consisting of approximately 851.13

23 acres, as depicted on the map referred to in section

24 605(a), for inclusion in the Wilderness Area and the

25 no livestock grazing area as appropriate.
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1 (3) ECONOMIC ADJUSTMENT DISBURSEMENTS.—

2 Upon the completion of the land exchange authorized

3 by this subsection, the Secretary shall make an eco4 nomic adjustment disbursement to C.M. Otley in the

5 amount of $920,000 to compensate for lost produc6 tivity and economic activity caused by the dislocation

7 and reallocation of resources and the disruption and

8 termination of traditional management techniques as

9 a result of the enactment of this Act.

10 (b) OTLEY BROTHERS EXCHANGE.—

11 (1) EXCHANGE AUTHORIZED.—For the purpose

12 of protecting and consolidating Federal lands within

13 the Cooperative Management and Protection Area, the

14 Secretary may carry out a land exchange with the

15 Otley Brother’s, Inc., to convey all right, title, and in16 terest of the United States in and to certain parcels

17 of land under the jurisdiction of the Bureau of Land

18 Management in the vicinity of Steens Mountain, Or19 egon, as depicted on the map referred to in section

20 605(a), consisting of a total of approximately

21 6,880.54 acres in exchange for the private lands de22 scribed in paragraph (2).

23 (2) RECEIPT OF NON-FEDERAL LANDS.—As con24 sideration for the conveyance of the Federal lands re25 ferred to in paragraph (1), the Otley Brother’s, Inc.,
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1 shall convey to the Secretary a parcel of land in the

2 headwaters of Kiger gorge consisting of approximately

3 504.91 acres, as depicted on the map referred to in

4 section 605(a), for inclusion in the Wilderness Area

5 and the no livestock grazing area as appropriate.

6 (3) ECONOMIC ADJUSTMENT DISBURSEMENTS.—

7 Upon the completion of the land exchange authorized

8 by this subsection, the Secretary shall make an eco9 nomic adjustment disbursement to Otley Brother’s,

10 Inc., in the amount of $400,000 to compensate for lost

11 productivity and economic activity caused by the dis12 location and reallocation of resources and the disrup13 tion and termination of traditional management tech14 niques as a result of the enactment of this Act.

15 (c) COMPLETION OF CONVEYANCE.—The Secretary

16 shall complete the conveyances of the Federal lands under

17 subsections (a) and (b) within 70 days after the Secretary

18 accepts the lands described in such subsections.

19 SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVESTOCK, IN20 CORPORATED.

21 (a) EXCHANGE AUTHORIZED.—For the purpose of pro22 tecting and consolidating Federal lands within the Wilder23 ness Area, the Secretary may carry out a land exchange

24 with Tom J. Davis Livestock, Incorporated, to convey all

25 right, title, and interest of the United States in and to cer-
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1 tain parcels of land under the jurisdiction of the Bureau

2 of Land Management in the vicinity of Steens Mountain,

3 Oregon, as depicted on the map referred to in section

4 605(a), consisting of a total of approximately 5,339.51 acres

5 in exchange for the private lands described in subsection

6 (b).

7 (b) RECEIPT OF NON-FEDERAL LANDS.—As consider8 ation for the conveyance of the Federal lands referred to

9 in subsection (a), Tom J. Davis Livestock, Incorporated,

10 shall convey to the Secretary a parcel of land consisting

11 of approximately 5,103.2 acres, as depicted on the map re12 ferred to in section 605(a), for inclusion in the Wilderness

13 Area.

14 (c) ECONOMIC ADJUSTMENT DISBURSEMENTS.—Upon

15 the completion of the land exchange authorized by this sec16 tion, the Secretary shall make an economic adjustment dis17 bursement to Tom J. Davis Livestock, Incorporated, in the

18 amount of $800,000 to compensate for lost productivity and

19 economic activity caused by the dislocation and reallocation

20 of resources and the disruption and termination of tradi21 tional management techniques as a result of the enactment

22 of this Act.

23 (d) COMPLETION OF CONVEYANCE.—The Secretary

24 shall complete the conveyance of the Federal lands under
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1 subsection (a) within 70 days after the Secretary accepts

2 the lands described in subsection (b).

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

4 (a) EXCHANGE AUTHORIZED.—For the purpose of pro5 tecting and consolidating Federal lands within the Coopera6 tive Management and Protection Area, the Secretary may

7 carry out a land exchange with the Lowther (Clemens)

8 Ranch to convey all right, title, and interest of the United

9 States in and to certain parcels of land under the jurisdic10 tion of the Bureau of Land Management in the vicinity

11 of Steens Mountain, Oregon, as depicted on the map re12 ferred to in section 605(a), consisting of a total of approxi13 mately 11,795.84 acres in exchange for the private lands

14 described in subsection (b).

15 (b) RECEIPT OF NON-FEDERAL LANDS.—As consider16 ation for the conveyance of the Federal lands referred to

17 in subsection (a), the Lowther (Clemens) Ranch shall con18 vey to the Secretary a parcel of land consisting of approxi19 mately 1,077.67 acres, as depicted on the map referred to

20 in section 605(a), for inclusion in the Cooperative Manage21 ment and Protection Area.

22 (c) TREATMENT OF GRAZING.—Paragraphs (2) and

23 (3) of section 113(e), relating to the effect of the cancellation

24 in whole of the grazing permit for the Fish Creek/Big In25 dian allotment in the Wilderness Area and reassignment
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1 of use areas as described in paragraph (3)(D) of such sec2 tion, shall apply to the land exchange authorized by this

3 section.

4 (d) ECONOMIC ADJUSTMENT DISBURSEMENTS.—Upon

5 the completion of the land exchange authorized by this sec6 tion, the Secretary shall make an economic adjustment dis7 bursement to the Lowther (Clemens) Ranch in the amount

8 of $148,000 to compensate for lost productivity and eco9 nomic activity caused by the dislocation and reallocation

10 of resources and the disruption and termination of tradi11 tional management techniques as a result of the enactment

12 of this Act.

13 (e) COMPLETION OF CONVEYANCE.—The Secretary

14 shall complete the conveyance of the Federal lands under

15 subsection (a) within 70 days after the Secretary accepts

16 the lands described in subsection (b).

17 SEC. 605. GENERAL PROVISIONS APPLICABLE TO LAND EX18 CHANGES.

19 (a) MAP.—The land conveyances described in this title

20 are generally depicted on the map entitled ‘‘Steens Moun21 tain Land Exchanges’’ and dated September 18, 2000.

22 (b) APPLICABLE LAW.—Except as otherwise provided

23 in this section, the exchange of Federal land under this title

24 is subject to the existing laws and regulations applicable

25 to the conveyance and acquisition of land under the juris-
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1 diction of the Bureau of Land Management. It is antici2 pated that the Secretary will be able to carry out such land

3 exchanges without the promulgation of additional regula4 tions and without regard to the notice and comment provi5 sions of section 553 of title 5, United States Code.

6 (c) CONDITIONS ON ACCEPTANCE.—Title to the non7 Federal lands to be conveyed under this title must be accept8 able to the Secretary, and the conveyances shall be subject

9 to valid existing rights of record. The non-Federal lands

10 shall conform with the title approval standards applicable

11 to Federal land acquisitions.

12 (d) LEGAL DESCRIPTIONS.—The exact acreage and

13 legal description of all lands to be exchanged under this title

14 shall be determined by surveys satisfactory to the Secretary.

15 The costs of any such survey, as well as other administra16 tive costs incurred to execute a land exchange under this

17 title, shall be borne by the Secretary.

18 TITLE VII—FUNDING

19 AUTHORITIES

20 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

21 Except as provided in section 702, there is hereby au22 thorized to be appropriated such sums as may be necessary

23 to carry out this Act.
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1 SEC. 702. USE OF LAND AND WATER CONSERVATION FUND.

2 (a) AVAILABILITY OF FUND.—There are authorized to

3 be appropriated $25,000,000 from the land and water con4 servation fund established under section 2 of the Land and

5 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5)

6 to provide funds for the acquisition of land and interests

7 in land under section 114 and to enter into nondevelopment

8 easements and conservation easements under subsections (b)

9 and (c) of section 122.

10 (b) TERM OF USE.—Amounts appropriated pursuant

11 to the authorization of appropriations in subsection (a)

12 shall remain available until expended.
Union Calendar No. 560

106TH CONGRESS

2D SESSION H. R. 4828

[Report No. 106–929, Part I]

A BILL

To designate wilderness areas and a cooperative

management and protection area in the vicinityof Steens Mountain in Harney County, Oregon,and for other purposes.

OCTOBER 3, 2000

Reported from the Committee on Resources with an

amendment

OCTOBER 3, 2000

Referral to the Committee on Agriculture extended for a

period ending not later than October 3, 2000

OCTOBER 3, 2000

The Committee on Agriculture discharged; committed to

the Committee of the Whole House on the State of theUnion and ordered to be printed