I

106TH CONGRESS

2D SESSION 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.

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

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 Wilderness Act of 2000’’.

7 (b) PURPOSES.—The purposes of this Act are the fol8 lowing:
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1 (1) To designate six wilderness areas and the

2 Steens Mountain Cooperative Management and Pro3 tection Area in Harney County, Oregon.

4 (2) To provide for the acquisition of private

5 lands through exchange for inclusion in the wilder6 ness areas and the Cooperative Management and

7 Protection Area.

8 (3) To provide for and expand cooperative man9 agement activities between public and private land10 owners in the vicinity of the wilderness areas and

11 surrounding lands.

12 (4) To authorize the purchase of land and de13 velopment and nondevelopment rights.

14 (5) To designate additional components of the

15 National Wild and Scenic Rivers System.

16 (6) To support efforts to preserve the Redband

17 Trout and the Hammond fir grove.

18 (7) To establish a citizens’ management advi19 sory council for the Cooperative Management and

20 Protection Area.

21 (8) To provide for the management of the Co22 operative Management and Protection Area to

23 ensure—
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1 (A) the conservation, protection, and im2 proved management of the ecological, social and

3 economic environment of the area;

4 (B) the protection of geological, biological,

5 wildlife, riparian and scenic resources, North

6 American Indian tribal and cultural and archae7 ological resource sites, and additional cultural

8 and historic sites; and

9 (C) the recognition and promotion of cur10 rent and historic recreation use.

11 (9) To maintain and enhance cooperative and

12 innovative management practices between the public

13 and private land managers in the Cooperative Man14 agement and Protection Area.

15 (10) To maintain the viability of grazing and

16 recreation operations on private and public land in

17 the Cooperative Management and Protection Area.

18 (11) To conserve, protect, and manage the

19 long-term ecological health and functioning water20 sheds of Steens Mountain.

21 (12) To authorize only such uses on Federal

22 lands in the Cooperative Management and Protec23 tion Area that are consistent with the purposes of

24 this Act.
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1 (c) TABLE OF CONTENTS.—The table of contents of

2 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.

TITLE I—STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND

PROTECTION AREA.

Subtitle A—Designation and Purposes

Sec. 101. Designation of Cooperative Management and Protection Area.

Sec. 102. 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.

Subtitle C—Cooperative Management

Sec. 121. Cooperative management projects.

Sec. 122. Cooperative efforts to control development on non-Federal lands.

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 AREAS

Sec. 201. Designation of wilderness areas, Harney County, Oregon.

Sec. 202. Administration of wilderness areas.

Sec. 203. Water rights.

Sec. 204. Treatment of other 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—PROTECTION OF FIR GROVE

Sec. 501. Fir grove management area and reserve.

TITLE VI—LAND EXCHANGES
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Sec. 601. Land exchange, Roaring Springs Ranch.

Sec. 602. Land exchanges, Kiger Gorge.

Sec. 603. Land exchange, Scharff Estate inholding.

Sec. 604. Land exchange, Tom J. Davis Livestock, Incorporated.

Sec. 605. Land exchange, Hammond Ranch.

Sec. 606. Land exchange, John and Cindy Witzel.

Sec. 607. General provisions applicable to land exchanges.

TITLE VII—FUNDING AUTHORITIES

Sec. 701. Authorization of appropriations.

Sec. 702. Use of land and water conservation fund.

TITLE VIII—CONDITIONAL IMPLEMENTATION OF ACT

Sec. 801. Implementation conditioned on completion of certain exchanges.

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 AND PROTEC7 TION AREA.—The term ‘‘Cooperative Management

8 and Protection Area’’ means the Steens Mountain

9 Cooperative Management and Protection Area des10 ignated by title I.

11 (3) COOPERATIVE MANAGEMENT PROGRAM.—

12 The term ‘‘cooperative management program’’

13 means the cooperative management program carried

14 out in the Cooperative Management and Protection

15 Area pursuant to section 121.

16 (4) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the management plan for the Co18 operative Management and Protection Area and the
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1 wilderness areas required to be prepared by section

2 111(b).

3 (5) NONDEVELOPMENT EASEMENT.—The term

4 ‘‘nondevelopment easement’’ means a binding con5 tractual agreement between the Secretary and a

6 landowner in the Cooperative Management and Pro7 tection Area to prevent or restrict development on

8 the land covered by the easement permanently or

9 during a time period specified in the agreement.

10 (6) REDBAND TROUT RESERVE.—The term

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

12 Blitzen Redband Trout Reserve designated by sec13 tion 302.

14 (7) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of the Interior, acting through the Bu16 reau of Land Management.

17 (8) SCIENCE COMMITTEE.—The term ‘‘science

18 committee’’ means the committee of independent sci19 entists appointed under section 133.

20 (9) WILDERNESS AREA.—The term ‘‘wilderness

21 area’’ means any of the wilderness areas in the vi22 cinity of Steens Mountain in the State of Oregon

23 designated by title II.
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1 SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

2 (a) PREPARATION AND SUBMISSION.—As soon as

3 practicable after the date of the enactment of this Act,

4 the Secretary shall prepare and submit to Congress maps

5 and legal descriptions of the following:

6 (1) The Cooperative Management and Protec7 tion Area.

8 (2) The wilderness areas.

9 (3) The wild and scenic river segments and

10 redband trout reserve designated by title III.

11 (4) The mineral withdrawal area designated by

12 title IV.

13 (5) The fir grove management area and reserve

14 designated by title V.

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

16 (b) LEGAL EFFECT AND CORRECTION.—The maps

17 and legal descriptions referred to in subsection (a) shall

18 have the same force and effect as if included in this Act,

19 except the Secretary may correct clerical and typo20 graphical errors in such maps and legal descriptions.

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

22 legal descriptions referred to in subsection (a) shall be on

23 file and available for public inspection in the Office of the

24 Director of the Bureau of Land Management and in the

25 appropriate office of the Bureau of Land Management in

26 the State of Oregon.
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1 SEC. 4. VALID EXISTING RIGHTS.

2 Nothing in this Act shall effect any valid existing

3 right.

4 TITLE I—STEENS MOUNTAIN CO5 OPERATIVE MANAGEMENT

6 AND PROTECTION AREA.

7 Subtitle A—Designation and

8 Purposes

9 SEC. 101. DESIGNATION OF COOPERATIVE MANAGEMENT

10 AND PROTECTION AREA.

11 Subject to section 801, the Secretary shall designate

12 the Steens Mountain Cooperative Management and Pro13 tection Area consisting of approximately 500,000 acres of

14 Federal land located in Harney County, Oregon, in the

15 vicinity of Steens Mountain, as generally depicted on the

16 map entitled Steens Mountain Cooperative Management

17 and Protection Area and dated llllll, 2000.

18 SEC. 102. OBJECTIVES OF COOPERATIVE MANAGEMENT

19 AND PROTECTION AREA.

20 The objectives for which the Cooperative Manage21 ment and Protection Area is designated are as follows:

22 (1) To maintain and enhance cooperative and

23 innovative management practices between the public

24 and private land managers in the Cooperative Man25 agement and Protection Area.
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1 (2) To maintain the viability of grazing and

2 recreation operations on private and public lands in

3 the Cooperative Management and Protection Area.

4 (3) To conserve, protect, and manage the long5 term ecological health and functioning watersheds of

6 Steens Mountain.

7 Subtitle B—Management of Federal

8 Lands

9 SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.

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

11 Federal lands included in the Cooperative Management

12 and Protection Area pursuant to the Federal Land Policy

13 and Management Act of 1976 (43 U.S.C. 1701 et seq.)

14 and other applicable provisions of law, including this Act,

15 in a manner that—

16 (1) ensures the conservation, protection, and

17 improved management of the ecological, social and

18 economic environment of the Cooperative Manage19 ment and Protection Area, including geological, bio20 logical, wildlife, riparian, and scenic resources,

21 North American Indian tribal and cultural and ar22 chaeological resource sites, and additional cultural

23 and historic sites; and

24 (2) recognizes and promotes current and his25 toric recreational use.
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1 (b) MANAGEMENT PLAN.—Within four years after

2 the date of the enactment of this Act, the Secretary shall

3 develop a comprehensive plan for the long-range protection

4 and management of the Federal lands included in the Co5 operative Management and Protection Area, including the

6 wilderness areas. The plan shall—

7 (1) describe the appropriate uses and manage8 ment of the Cooperative Management and Protection

9 Area consistent with this Act;

10 (2) incorporate, as appropriate, decisions con11 tained in any current or future management or ac12 tivity plan for the Cooperative Management and

13 Protection Area and use information developed in

14 previous studies of the lands within or adjacent to

15 the Cooperative Management and Protection Area;

16 and

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

18 and private local landowners.

19 SEC. 112. ROADS AND TRAVEL ACCESS.

20 (a) TRANSPORTATION PLAN.—The management plan

21 shall include, as an integral part, a comprehensive trans22 portation plan for the Federal lands included in the Coop23 erative Management and Protection Area, which shall ad24 dress the maintenance, improvement, and closure of roads

25 and trails as well as travel access.
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1 (b) PROHIBITION ON OFF-ROAD MOTORIZED TRAV2 EL.—

3 (1) PROHIBITION.—The use of motorized or

4 mechanized vehicles on Federal lands included in the

5 Cooperative Management and Protection Area—

6 (A) is prohibited off road; and

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

8 may be designated for their use as part of the

9 management plan.

10 (2) EXCEPTIONS.—Paragraph (1) does not pro11 hibit the use of motorized or mechanized vehicles on

12 Federal lands included in the Cooperative Manage13 ment and Protection Area if the Secretary deter14 mines that such use—

15 (A) is needed for administrative purposes

16 or to respond to an emergency; or

17 (B) is appropriate for the construction or

18 maintenance of agricultural facilities, fish and

19 wildlife management, or ecological restoration

20 projects, except in areas designated as wilder21 ness or managed under the provisions of section

22 603(c) of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1782).

24 (c) PROHIBITION ON NEW CONSTRUCTION.—
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1 (1) PROHIBITION, EXCEPTION.—No new road

2 or trail for motorized or mechanized vehicles may be

3 constructed on Federal lands in the Cooperative

4 Management and Protection Area unless the Sec5 retary determines that the road or trail is necessary

6 for public safety or protection of the environment.

7 Any determination under this subsection shall be

8 made in consultation with the advisory council.

9 (2) TRAILS.—Nothing in this subsection is in10 tended to limit the authority of the Secretary to con11 struct or maintain trails for nonmotorized or non12 mechanized use.

13 (d) ACCESS TO NONFEDERALLY OWNED LANDS.—

14 (1) REASONABLE ACCESS.—The Secretary shall

15 provide reasonable access to nonfederally owned

16 lands or interests in land within the boundaries of

17 the Cooperative Management and Protection Area

18 and the wilderness areas to provide the owner of the

19 land or interest the reasonable use thereof.

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

21 Nothing in this Act shall have the effect of termi22 nating any valid existing right-of-way on Federal

23 lands included in the Cooperative Management and

24 Protection Area.
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1 SEC. 113. LAND USE AUTHORITIES.

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

3 such uses of the Federal lands included in the Cooperative

4 Management and Protection Area as the Secretary finds

5 will further the purposes for which the Cooperative Man6 agement and Protection Area is established.

7 (b) COMMERCIAL TIMBER.—

8 (1) PROHIBITION.—The Federal lands included

9 in the Cooperative Management and Protection Area

10 shall not be made available for commercial timber

11 harvest.

12 (2) LIMITED EXCEPTION.—The Secretary may

13 authorize the removal of trees from Federal lands

14 included in the Cooperative Management and Pro15 tection Area only if the Secretary determines that

16 the removal is clearly needed for purposes of ecologi17 cal restoration and maintenance or for public safety.

18 The Secretary may authorize the sale of forest prod19 ucts resulting from the authorized removal of trees

20 under this paragraph.

21 (3) SPECIAL RULE FOR JUNIPER SPECIES.—

22 The Secretary may not permit management of juni23 per species with mechanized tools unless the Sec24 retary first considers nonmechanized treatments and

25 the recommendations of the science committee and

26 the advisory council.
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1 (c) HUNTING, FISHING AND TRAPPING.—

2 (1) AUTHORIZATION.—The Secretary shall per3 mit hunting, fishing, and trapping on Federal lands

4 included in the Cooperative Management and Pro5 tection Area in accordance with applicable laws and

6 regulations of the United States and the State of

7 Oregon.

8 (2) AREA AND TIME LIMITATIONS.—After con9 sultation with the Oregon Department of Fish and

10 Wildlife, the Secretary may designate zones where,

11 and establish periods when, hunting, trapping or

12 fishing is prohibited on Federal lands included in the

13 Cooperative Management and Protection Area for

14 reasons of public safety, administration, or public

15 use and enjoyment.

16 (d) GRAZING.—

17 (1) CONTINUATION OF EXISTING LAW.—Except

18 as otherwise provided in this Act, the laws, regula19 tions, and executive orders otherwise applicable to

20 the Bureau of Land Management in issuing and ad21 ministering grazing leases and permits on lands

22 under its jurisdiction shall apply in regard to the

23 Federal lands included in the Cooperative Manage24 ment and Protection Area.
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1 (2) CANCELLATION OF CERTAIN PERMITS.—

2 The Secretary shall cancel that portion of the per3 mitted grazing on Federal lands in the Lowther and

4 Roaring Springs allotments located within the area

5 designated on the map referred to in section 101 as

6 the ‘‘no livestock grazing area’’. Upon cancellation,

7 future grazing use in that designated area is prohib8 ited. The Secretary shall seek suitable forage else9 where for the grazing permittees whose permits are

10 canceled under this paragraph.

11 (e) PROHIBITION ON CONSTRUCTION OF FACILI12 TIES.—No new facilities may be constructed on Federal

13 lands included in the Cooperative Management and Pro14 tection Area unless the Secretary determines that the

15 structure is necessary—

16 (1) for enhancing botanical, fish, wildlife, or

17 watershed conditions; or

18 (2) for public information, health, or safety.

19 SEC. 114. LAND ACQUISITION AUTHORITY.

20 (a) ACQUISITION.—

21 (1) ACQUISITION AUTHORIZED.—In addition to

22 the land acquisitions authorized by title VI, the Sec23 retary may acquire other non-Federal lands and in24 terests in lands located within the boundaries of the
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1 Cooperative Management and Protection Area or the

2 wilderness areas.

3 (2) ACQUISITION METHODS.—Lands may be ac4 quired under this subsection only by voluntary ex5 change, donation, or purchase from willing sellers.

6 (b) TREATMENT OF ACQUIRED LANDS.—

7 (1) IN GENERAL.—Upon acquisition under sub8 section (a), lands or interests in lands acquired with9 in the boundaries of the Cooperative Management

10 and Protection Area shall—

11 (A) become part of the Cooperative Man12 agement and Protection Area; and

13 (B) be managed pursuant to the laws ap14 plicable to the Cooperative Management and

15 Protection Area.

16 (2) LANDS WITHIN WILDERNESS AREA.—If the

17 acquired lands or interests in lands are also within

18 the boundaries of a wilderness area, the lands or in19 terests in lands shall—

20 (1) become part of the wilderness area; and

21 (2) be managed pursuant to title II and the

22 other laws applicable to the wilderness area.

23 (c) APPRAISAL.—In appraising non-Federal land, de24 velopment rights, or conservation easements for possible

25 acquisition under this section or section 122, the Secretary
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1 shall disregard any adverse impacts on values resulting

2 from the designation of the Cooperative Management and

3 Protection Area or the wilderness areas.

4 (d) LIMITATION ON DISPOSAL.—The Secretary may

5 not dispose of Federal land in the Cooperative Manage6 ment and Protection Area unless—

7 (1) the disposal is specifically authorized by

8 Congress in a law enacted after the date of the en9 actment of this Act; or

10 (2) the Secretary certifies to Congress that the

11 disposal of the land is part of a land exchange that

12 furthers the purposes of the Cooperative Manage13 ment and Protection Area.

14 Subtitle C—Cooperative

15 Management

16 SEC. 121. COOPERATIVE MANAGEMENT PROJECTS.

17 (a) COOPERATIVE EFFORTS.—To further the pur18 poses for which the Cooperative Management and Protec19 tion Area is designated, the Secretary may work with non20 Federal landowners in the Cooperative Management and

21 Protection Area who voluntarily agree to participate in the

22 cooperative management of Federal and non-Federal

23 lands in the Cooperative Management and Protection

24 Area.
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1 (b) MANAGEMENT AND CONSERVATION.—The Sec2 retary may enter into an agreement with a non-Federal

3 landowner in the Cooperative Management and Protection

4 Area to provide for the cooperative conservation and man5 agement of the Federal and non-Federal lands subject to

6 the agreement.

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

8 landowners involved, the Secretary may permit permittees,

9 special-use permit holders, other Federal and State agen10 cies, and interested members of the public to participate

11 in a cooperative management project carried out under

12 this section as appropriate to achieve the resource or land

13 use management objectives of the project.

14 (d) TRIBAL CULTURAL SITE PROTECTION.—The

15 Secretary may enter into agreements with the Burns Pai16 ute Tribe to protect cultural sites in the Cooperative Man17 agement and Protection Area of importance to the tribe.

18 SEC. 122. COOPERATIVE EFFORTS TO CONTROL DEVELOP19 MENT ON NON-FEDERAL LANDS.

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

21 lands within the boundaries of the Cooperative Manage22 ment and Protection Area which is different from the cur23 rent character and uses of the lands is inconsistent with

24 the purpose of this Act.
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1 (b) USE OF NONDEVELOPMENT AND CONSERVATION

2 EASEMENTS.—The Secretary may enter into a non3 development easement with willing landowners for the ac4 quisition of development rights and a temporary or per5 petual conservation easement to prevent or restrict devel6 opment on non-Federal lands within the boundaries of the

7 Cooperative Management and Protection Area and to pro8 tect open space and the viewshed in the Cooperative Man9 agement and Protection Area.

10 (c) CONSIDERATION.—Consideration for a non11 development easement or a conservation easement under

12 subsection (b) may include—

13 (1) the exchange of other lands under the juris14 diction of the Bureau of Land Management; and

15 (2) the provision of a legally binding long-term

16 (up to 30 years) grazing permit in exchange for a

17 legally binding equivalent long-term development

18 right or conservation easement.

19 (d) RELATION TO PROPERTY RIGHTS AND STATE

20 AND LOCAL LAW.—Nothing in this section is intended to

21 affect rights or interests in real property or supersede

22 State law.
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1 Subtitle D—Advisory Council

2 SEC. 131. ESTABLISHMENT OF ADVISORY COUNCIL.

3 (a) ESTABLISHMENT.—Subject to section 801, the

4 Secretary shall establish the Steens Mountain Advisory

5 Council to advise the Secretary in managing the wilder6 ness areas and the Cooperative Management and Protec7 tion Area and in promoting the cooperative management

8 under subtitle C.

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

10 12 members, to be appointed by the Secretary, as follows:

11 (1) A private landowner in the Cooperative

12 Management and Protection Area, appointed from

13 nominees submitted by the county court for Harney

14 County, Oregon.

15 (2) Two persons who are grazing permittees on

16 Federal lands in the Cooperative Management and

17 Protection Area, appointed from nominees submitted

18 by the county court for Harney County, Oregon.

19 (3) A person interested in fish and recreational

20 fishing in the Cooperative Management and Protec21 tion Area, appointed from nominees submitted by

22 the Governor of Oregon.

23 (4) A member of the Burns Paiute Tribe, ap24 pointed from nominees submitted by the tribe.
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1 (5) Two persons who are recognized environ2 mental representatives, one of whom shall represent

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

4 local area, appointed from nominees submitted by

5 the Governor of Oregon.

6 (6) A person who participates in what is com7 monly called dispersed recreation, such as hiking,

8 camping, nature viewing, nature photography, bird

9 watching, horse back riding, or trail walking, ap10 pointed from nominees submitted by the Oregon

11 State Director of the Bureau of Land Management.

12 (7) A person who is a recreational permit hold13 er or is a representative of a commercial recreation

14 operation in the Cooperative Management and Pro15 tection Area, appointed from nominees submitted

16 jointly by the Oregon State Director of the Bureau

17 of Land Management and the county court for Har18 ney County, Oregon.

19 (8) A person who participates in what is com20 monly called mechanized or consumptive recreation,

21 such as hunting, fishing, off-road driving, hang glid22 ing, or parasailing, appointed from nominees sub23 mitted by the Oregon State Director of the Bureau

24 of Land Management.
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1 (9) A person with expertise and interest in wild

2 horse management on Steens Mountain, appointed

3 from nominees submitted by the Oregon State Di4 rector of the Bureau of Land Management.

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

6 the Cooperative Management and Protection Area to

7 represent statewide interests, appointed from nomi8 nees submitted by the Governor of Oregon.

9 (c) TERMS.—

10 (1) STAGGERED TERMS.—Members of the advi11 sory council shall be appointed for terms of three

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

13 four members shall be appointed for a term of one

14 year and four members shall be appointed for a term

15 of two years.

16 (2) REAPPOINTMENT.—A member may be re17 appointed to serve on the advisory council.

18 (3) VACANCY.—A vacancy on the advisory

19 council shall be filled in the same manner as the

20 original appointment.

21 (d) CHAIRPERSON AND PROCEDURES.—The advisory

22 council shall elect a chairperson and establish such rules

23 and procedures as it deems necessary or desirable.

24 (e) SERVICE WITHOUT COMPENSATION.—Members

25 of the advisory council shall serve without pay, but the
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1 Secretary shall reimburse members for reasonable ex2 penses incurred in carrying out official duties as a member

3 of the council.

4 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall

5 provide the advisory council with necessary administrative

6 support and shall designate an appropriate officer of the

7 Bureau of Land Management to serve as the Secretary’s

8 liaison to the council.

9 (g) APPLICABLE LAW.—The advisory committee

10 shall be subject to the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1701 et seq.) and the Fed12 eral Advisory Committee Act (5 U.S.C. App.).

13 SEC. 132. ADVISORY ROLE IN MANAGEMENT ACTIVITIES.

14 (a) MANAGEMENT RECOMMENDATIONS.—The advi15 sory committee shall utilize sound science, existing plans

16 for the management of Federal lands included in the Co17 operative Management and Protection Area, and other

18 tools to formulate recommendations for the Secretary

19 regarding—

20 (1) new and unique approaches to the manage21 ment of lands within the boundaries of the Coopera22 tive Management and Protection Area; and

23 (2) cooperative programs and incentives for

24 seamless landscape management that meets human

25 needs and maintains and improves the ecological and
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1 economic integrity of the Cooperative Management

2 and Protection Area.

3 (b) PREPARATION OF MANAGEMENT PLAN.—The

4 Secretary shall consult with the advisory committee as

5 part of the preparation and implementation of the man6 agement plan.

7 (c) SUBMISSION OF RECOMMENDATIONS.—No rec8 ommendations may be presented to the Secretary by the

9 advisory council without the agreement of at least nine

10 members of the advisory council.

11 SEC. 133. SCIENCE COMMITTEE.

12 The Secretary shall appoint, as needed or at the re13 quest of the advisory council, a team of respected, knowl14 edgeable, and diverse scientists to provide advice on ques15 tions relating to the management of the Cooperative Man16 agement and Protection Area to the Secretary and the ad17 visory council. The Secretary shall seek the advice of the

18 advisory council in making these appointments.

19 TITLE II—STEENS MOUNTAIN

20 WILDERNESS AREAS

21 SEC. 201. DESIGNATION OF WILDERNESS AREAS, HARNEY

22 COUNTY, OREGON.

23 (a) INITIAL DESIGNATION.—In order to protect the

24 wilderness character and the remote nature of Steens

25 Mountain and surrounding Federal lands, and to further
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1 the purposes of the Wilderness Act (16 U.S.C. 1131 et

2 seq.), the Secretary shall designate, subject to section 801,

3 lands in the Cooperative Management and Protection Area

4 eventually comprising a total of approximately 143,000

5 acres, as generally depicted on the map referred to in sec6 tion 101, as wilderness and therefore as components of

7 the National Wilderness Preservation System, as follows:

8 (1) Certain lands in Harney County, Oregon,

9 comprising approximately 22,450 acres of Federal

10 land, as generally depicted on a map entitled

11 ‘‘Blitzen River Wilderness’’ and dated ll, which

12 shall be known as the Blitzen River Wilderness.

13 (2) Certain lands in Harney County, Oregon,

14 comprising approximately 49,100 acres of Federal

15 land, as generally depicted on a map entitled ‘‘High

16 Steens Wilderness’’ and dated ll, which shall be

17 known as the High Steens Wilderness.

18 (3) Certain lands in Harney County, Oregon,

19 comprising approximately 13,850 acres of Federal

20 land, as generally depicted on a map entitled ‘‘Little

21 Blitzen Gorge Wilderness’’ and dated ll, which

22 shall be known as the Little Blitzen Gorge Wilder23 ness.

24 (4) Certain lands in Harney County, Oregon,

25 comprising approximately 9,150 acres of Federal
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1 land, as generally depicted on a map entitled ‘‘South

2 Fork Donner und Blitzen Wilderness’’ and dated

3 ll, which shall be known as the South Fork

4 Donner und Blitzen Wilderness.

5 (5) Certain lands in Harney County, Oregon,

6 comprising approximately 13,950 acres of Federal

7 land, as generally depicted on a map entitled ‘‘Home

8 Creek Wilderness’’ and dated ll, which shall be

9 known as the Home Creek Wilderness.

10 (6) Certain lands in Harney County, Oregon,

11 comprising approximately 16,650 acres of Federal

12 land, as generally depicted on a map entitled

13 ‘‘Alvord Peak Wilderness’’ and dated ll, which

14 shall be known as the Alvord Peak Wilderness.

15 (b) COVERED WILDERNESS STUDY AREAS.—The

16 Federal lands designated as wilderness under subsection

17 (a) consist of all or a portion of the following wilderness

18 study areas:

19 (1) The Alvord Peak wilderness study area

20 (WSA OR–2–83).

21 (2) The High Steens wilderness study area

22 (WSA OR–2–85F).

23 (3) The South Fork Donner und Blitzen wilder24 ness study area (WSA OR–2–85G).
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1 (4) The Home Creek wilderness study area

2 (WSA OR–2–85H).

3 (5) The Blitzen River wilderness study area

4 (WSA OR–2–86E).

5 (6) The Little Blitzen Gorge wilderness study

6 area (WSA OR–2–86F).

7 (c) EXCLUSION OF ROADS.—In preparing the maps

8 and the legal descriptions for the wilderness areas as re9 quired by section 3(a), the Secretary shall ensure that the

10 following roads are outside of the boundaries of the wilder11 ness areas:

12 (1) The Steens Mountain Loop Road.

13 (2) Newton Cabin Road to Indian Creek.

14 (3) Cold Springs Road.

15 (4) Carlson Creek Road.

16 (5) Bone Creek Road.

17 SEC. 202. ADMINISTRATION OF WILDERNESS AREAS.

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

19 the wilderness areas in accordance with this Act and the

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

21 in the Wilderness Act to the effective date of that Act (or

22 any similar reference) shall be deemed to be a reference

23 to the date of the enactment of this Act.

24 (b) ACCESS TO NON-FEDERAL LANDS.—The

25 Secretary shall provide reasonable access to private
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1 lands within the boundaries of the wilderness areas,

2 as provided in section 112(d).

3 (c) GRAZING.—

4 (1) CONTINUATION OF EXISTING LAW.—Except

5 as provided in paragraph (2), grazing of livestock

6 shall be administered in accordance with the provi7 sion of section 4(d)(4) of the Wilderness Act (16

8 U.S.C. 1133(d)(4)), in accordance with the provi9 sions of this Act, and in accordance with the guide10 lines set forth in Appendix A of House Report 101–

11 405 of the 101st Congress.

12 (2) RETIREMENT OF CERTAIN PERMITS.—The

13 Secretary shall permanently retire all grazing per14 mits applicable to certain lands in the wilderness

15 areas, totaling approximately 100,648 acres, as de16 picted on the map referred to in section 101, and

17 livestock shall be excluded from these lands.

18 (d) SPECIAL USE PERMITS.—The Secretary may

19 renew a special recreational use permit applicable to lands

20 included in the wilderness areas to the extent that the Sec21 retary determines that the permit is consistent with the

22 Wilderness Act (16 U.S.C. 1131 et seq). If renewal is not

23 consistent with the Wilderness Act, the Secretary shall

24 seek other opportunities for the permit holder to realize

25 historic permit use to the extent that the use is consistent
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1 with the Wilderness Act and this Act, as determined by

2 the Secretary.

3 (e) USE OF AIRCRAFT.—The Secretary may author4 ize aircraft overflights of the wilderness areas to the extent

5 the Secretary determines the aircraft use is necessary for

6 livestock and wildlife management.

7 (f) WATER DEVELOPMENTS.—In the Alvord Peak

8 Wilderness designated pursuant to section 201(6), the

9 Secretary may permit the establishment of up to six new

10 water developments consistent with the Federal Land Pol11 icy and Management Act of 1976 (43 U.S.C. 1701 et

12 seq.).

13 (g) MANAGEMENT OF JUNIPER SPECIES.—The Sec14 retary may not permit management of juniper species on

15 lands in the wilderness areas with mechanized tools unless

16 the Secretary first considers nonmechanized treatments

17 and the recommendations of the science committee and

18 the advisory council.

19 SEC. 203. WATER RIGHTS.

20 (a) RESERVATION.—Congress hereby reserves a

21 quantity of water sufficient to fulfill the purposes for

22 which the wilderness areas are designated. The priority

23 date of such reserved rights shall be the date of the enact24 ment of this Act.
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1 (b) PROTECTION.—The Secretary shall take such

2 steps as may be necessary to protect the rights reserved

3 by subsection (a), including the filing by the Secretary of

4 a claim for the quantification of the rights in any present

5 or future appropriate stream adjudication in the courts

6 of the State of Oregon in which the United States is or

7 may be joined and which is conducted in accordance with

8 section 208 of the Act of July 10, 1952 (43 U.S.C. 666;

9 commonly referred the McCarran Amendment).

10 (c) RELATION TO OTHER RESERVATIONS.—Nothing

11 in this Act shall be construed as a relinquishment or re12 duction of any water rights reserved or appropriated by

13 the United States in the State of Oregon on or before the

14 date of enactment of this Act.

15 SEC. 204. TREATMENT OF OTHER WILDERNESS STUDY

16 AREAS.

17 (a) STATUS UNAFFECTED.—Any wilderness study

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

19 boundaries of the Cooperative Management and Protec20 tion Area but not included in a wilderness area shall—

21 (1) remain a wilderness study area; and

22 (2) continue to be managed as a wilderness

23 study area under section 603(c) of the Federal Land

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

25 1782).
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1 (b) SPECIAL MANAGEMENT CONSIDERATIONS.—

2 (1) IN GENERAL.—It is anticipated that water

3 developments, juniper management, and fencing may

4 be necessary in the wilderness study areas referred

5 to in subsection (a) for the purpose of resource pro6 tection rather than to accommodate increased num7 bers of livestock, subject to section 603(c) of the

8 Federal Land Policy and Management Act of 1976

9 (43 U.S.C. 1782). The Secretary shall be responsible

10 for installing any fencing required for resource pro11 tection.

12 (2) SPECIAL RULE FOR JUNIPER SPECIES.—

13 The Secretary may not permit management of juni14 per species in the wilderness study areas referred to

15 in subsection (a) with mechanized tools unless the

16 Secretary first considers nonmechanized treatments

17 and the recommendations of the science committee

18 and the advisory council.
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1 TITLE III—WILD AND SCENIC

2 RIVERS AND TROUT RESERVE

3 SEC. 301. DESIGNATION OF STREAMS FOR WILD AND SCE4 NIC RIVER STATUS IN STEENS MOUNTAIN

5 AREA.

6 (a) EXPANSION OF DONNER UND BLITZEN WILD

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

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

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

10 subparagraph and inserting ‘‘The’’;

11 (2) by striking the semicolon at the end of sub12 paragraphs (A), (B), (C), and (D) and inserting a

13 period;

14 (3) by striking ‘‘; and’’ at the end of subpara15 graph (E) and inserting a period; and

16 (4) by adding at the end the following new sub17 paragraphs:

18 ‘‘(G) The 5.1 mile segment of Mud Creek from

its confluence with an unnamed spring in the SW.1 19 ⁄4

20 of section 32, township 33 south, range 33 east, to

21 its confluence with the Donner und Blitzen River.

22 ‘‘(H) The 8.1 mile segment of Ankle Creek

23 from its headwaters to its confluence with the

24 Donner und Blitzen River.
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1 ‘‘(I) The 1.6 mile segment of the South Fork

2 of Ankle Creek from its confluence with an unnamed

tributary in the SE.1⁄4SE.1 3 ⁄4 of section 17, township

4 34 south, range 33 east, to its confluence with Ankle

5 Creek.’’.

6 (b) DESIGNATION OF WILDHORSE CREEK, OR7 EGON.—Section 3(a) of the Wild and Scenic Rivers Act

8 (16 U.S.C. 1274(a)) is amended by adding at the end the

9 following new paragraph:

10 ‘‘(161) WILDHORSE CREEK, OREGON.—The fol11 lowing segments in the Steens Mountain Cooperative Man12 agement and Protection Area in the State of Oregon, to

13 be administered by the Secretary of the Interior as a wild

14 river:

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

16 Creek from its headwaters to its confluence with

17 Wildhorse Creek.

18 ‘‘(B) The 7.0 mile segment of Wildhorse Creek

19 from its headwaters, and including .36 stream miles

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

21 (b) MAPS.—The stream segments described in the

22 amendments made by this section are generally depicted

23 on the map referred to in section 101.

24 (c) MANAGEMENT.—Where management require25 ments for a stream segment described in the amendments
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1 made by this section differ between the Wild and Scenic

2 Rivers Act (16 U.S.C. 1271 et seq.) and the wilderness

3 area within which the segment is located, the more restric4 tive requirements shall apply.

5 SEC. 302. DONNER UND BlITZEN RIVER REDBAND TROUT

6 RESERVE.

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

8 (1) Those portions of the Donner und Blitzen

9 River in the wilderness areas are an exceptional en10 vironmental resource that provides habitat for

11 unique populations of native fish, migratory water12 fowl, and other wildlife resources, including a unique

13 population of redband trout.

14 (2) Redband trout represent a unique natural

15 history reflecting the Pleistocene connection between

16 the lake basins of eastern Oregon and the Snake

17 and Columbia Rivers.

18 (b) DESIGNATION OF RESERVE.—Subject to section

19 801, the Secretary shall designate the Donner und Blitzen

20 Redband Trout Reserve consisting of the Donner und

21 Blitzen River in the wilderness areas above its confluence

22 with Fish Creek and the Federal riparian lands imme23 diately adjacent to the river, as depicted on the map re24 ferred to in section 101.
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1 (c) RESERVE PURPOSES.—The purposes of the

2 Redband Trout Reserve are—

3 (1) to conserve, protect, and enhance the

4 Donner und Blitzen River population of redband

5 trout and the unique ecosystem of plants, fish, and

6 wildlife of a river system; and

7 (2) to provide opportunities for scientific re8 search, environmental education, and fish and wild9 life oriented recreation and access to the extent com10 patible with paragraph (1).

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

12 Trout Reserve does not include any private lands adjacent

13 to the Donner und Blitzen River or its tributaries.

14 (e) ADMINISTRATION.—

15 (1) IN GENERAL.—The Secretary shall admin16 ister all lands, waters, and interests therein in the

17 Redband Trout Reserve consistent with the Wilder18 ness Act (16 U.S.C. 1131 et seq.) and the Wild and

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

20 (2) CONSULTATION.—In administering the

21 Redband Trout Reserve, the Secretary shall consult

22 with the advisory council and cooperate with the Or23 egon Department of Fish and Wildlife.

24 (3) RELATION TO RECREATION.—To the extent

25 consistent with applicable law, the Secretary shall
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1 manage recreational activities in the Redband Trout

2 Reserve in a manner that conserves the unique pop3 ulation of redband trout native to the Donner und

4 Blitzen River.

5 (4) REMOVAL OF DAM.—The Secretary shall re6 move the dam located below the mouth of Fish

7 Creek and above Page Springs if removal of the dam

8 is scientifically justified and funds are available for

9 such purpose.

10 (f) OUTREACH AND EDUCATION.—The Secretary

11 may work with, provide technical assistance to, provide

12 community outreach and education programs for or with,

13 or enter into cooperative agreements with private land14 owners, State and local governments or agencies, and con15 servation organizations to further the purposes of the

16 Redband Trout Reserve.

17 TITLE IV—MINERAL

18 WITHDRAWAL AREA

19 SEC. 401. DESIGNATION OF MINERAL WITHDRAWAL AREA.

20 (a) DESIGNATION.—Except as provided in this sec21 tion and subject to section 801, all Federal lands included

22 within the mineral withdrawal boundaries depicted on the

23 map referred to in section 101 shall be withdrawn from—

24 (1) location, entry, and patent under the mining

25 laws; and
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1 (2) operation of the mineral leasing and geo2 thermal leasing laws, and all amendments thereto,

3 and the minerals materials laws, and all amend4 ments thereto.

5 (b) ROAD MAINTENANCE.—If consistent with the

6 purposes of this Act and the management plan for the Co7 operative Management and Protection Area, the Secretary

8 may permit the development of saleable mineral resources,

9 for road maintenance use only, in specific locations within

10 the mineral withdrawal boundaries (excluding the wilder11 ness areas and any wilderness study area) where such de12 velopment was authorized before the date of enactment of

13 this Act.

14 SEC. 402. TREATMENT OF STATE LANDS AND MINERAL IN15 TERESTS.

16 In the case of any lands and mineral interests that

17 are managed by the Oregon Division of State Lands and

18 located within the boundaries of the mineral withdrawal

19 area designated pursuant to section 401, the Secretary

20 shall acquire such lands and interests in exchange for—

21 (1) Federal lands or Federal mineral interests

22 that are outside the boundaries of the mineral with23 drawal area, are of approximately equal value, and

24 are agreed to by the parties;

25 (2) a monetary payment to the State; or
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1 (3) a combination of a conveyance under para2 graph (1) and a monetary payment under paragraph

3 (2).

4 TITLE V—PROTECTION OF FIR

5 GROVE

6 SEC. 501. FIR GROVE MANAGEMENT AREA AND RESERVE.

7 (a) ESTABLISHMENT.—Upon completion of the Ham8 mond land exchange authorized by section 605, the Sec9 retary shall establish a fir grove management area and

10 reserve in the area of Big Fir, Little Fir, and Fence

11 Creeks in the Cooperative Management and Protection

12 Area.

13 (b) MANAGEMENT.—Special management practices

14 shall be adopted for the management area to protect the

15 unique remnant Grand Fir Groves that exist in the area.

16 As part of the management plan, the Secretary, working

17 in conjunction with the advisory council and the science

18 committee, shall analyze and design management provi19 sions for the area.

20 (c) GRAZING.—The management area shall be closed

21 to grazing, but the Secretary shall continue to permit the

22 trailing of livestock through the area and the maintenance

23 of these trails.
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1 TITLE VI—LAND EXCHANGES

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

3 (a) EXCHANGE AUTHORIZED.—For the purpose of

4 protecting and consolidating Federal lands within the wil5 derness areas, the Secretary may carry out a land ex6 change with Roaring Springs Ranch, Incorporated, to con7 vey all right, title, and interest of the United States in

8 and to certain parcels of land under the jurisdiction of

9 the Bureau of Land Management in the vicinity of Steens

10 Mountain, Oregon, as depicted on the map referred to in

11 section 101, consisting of a total of approximately ll

12 acres in exchange for the private lands described in sub13 section (b).

14 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid15 eration for the conveyance of the Federal lands referred

16 to in subsection (a), Roaring Springs Ranch, Incor17 porated, shall convey to the Secretary parcels of land con18 sisting of approximately ll acres, as depicted on the

19 map referred to in subsection (a), for inclusion in a wilder20 ness area.

21 (c) TREATMENT OF GRAZING.—Section 113(d)(2),

22 relating to the effect of the cancellation of grazing permits

23 for the Lowther and Roaring Springs allotments in the

24 Cooperative Management and Protection Area, shall apply

25 to the land exchange authorized by this section.
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1 (e) COMPLETION OF CONVEYANCE.—The Secretary

2 shall complete the conveyance of the Federal lands under

3 subsection (a) within three months after the Secretary ac4 cepts the lands described in subsection (b).

5 SEC. 602. LAND EXCHANGES, KIGER GORGE.

6 (a) C. M. OTLEY EXCHANGE.—

7 (1) EXCHANGE AUTHORIZED.—For the purpose

8 of protecting and consolidating Federal lands within

9 the wilderness areas, the Secretary may carry out a

10 land exchange with C. M. Otley to convey all right,

11 title, and interest of the United States in and to cer12 tain parcels of land under the jurisdiction of the Bu13 reau of Land Management in the vicinity of Steens

14 Mountain, Oregon, as depicted on the map referred

15 to in section 101, consisting of a total of approxi16 mately ll acres in exchange for the private lands

17 described in paragraph (2).

18 (2) RECEIPT OF NON-FEDERAL LANDS.—As

19 consideration for the conveyance of the Federal

20 lands referred to in paragraph (1), C. M. Otley shall

21 convey to the Secretary a parcel of land in the head22 waters of Kiger gorge consisting of approximately

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

24 paragraph (1), for inclusion in a wilderness area.

25 (b) OTLEY BROTHERS EXCHANGE.—
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1 (1) EXCHANGE AUTHORIZED.—For the purpose

2 of protecting and consolidating Federal lands within

3 the wilderness areas, the Secretary may carry out a

4 land exchange with the Otley Brother’s, Inc., to con5 vey all right, title, and interest of the United States

6 in and to certain parcels of land under the jurisdic7 tion of the Bureau of Land Management in the vi8 cinity of Steens Mountain, Oregon, as depicted on

9 the map referred to in section 101, consisting of a

10 total of approximately ll acres in exchange for

11 the private lands described in paragraph (2).

12 (2) RECEIPT OF NON-FEDERAL LANDS.—As

13 consideration for the conveyance of the Federal

14 lands referred to in paragraph (1), the Otley Broth15 er’s, Inc., shall convey to the Secretary a parcel of

16 land in the headwaters of Kiger gorge consisting of

17 approximately ll acres, as depicted on the map

18 referred to in paragraph (1), for inclusion in a wil19 derness area.

20 (c) COMPLETION OF CONVEYANCE.—The Secretary

21 shall complete the conveyances of the Federal lands under

22 subsections (a) and (b) within three months after the Sec23 retary accepts the lands described in such subsections.
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1 SEC. 603. LAND EXCHANGE, SCHARFF ESTATE INHOLDING.

2 (a) EXCHANGE AUTHORIZED.—For the purpose of

3 protecting and consolidating Federal lands within the wil4 derness areas, the Secretary may carry out a land ex5 change with the Scharff Estate to convey all right, title,

6 and interest of the United States in and to certain parcels

7 of land under the jurisdiction of the Bureau of Land Man8 agement in the vicinity of Steens Mountain, Oregon, as

9 depicted on the map referred to in section 101, consisting

10 of a total of approximately ll acres in exchange for the

11 private lands described in subsection (b).

12 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid13 eration for the conveyance of the Federal lands referred

14 to in subsection (a), the Scharff Estate shall convey to

15 the Secretary a parcel of land on Lower Fish Creek con16 sisting of approximately 720 acres, as depicted on the map

17 referred to in subsection (a), for inclusion in a wilderness

18 area.

19 (c) COMPLETION OF CONVEYANCE.—The Secretary

20 shall complete the conveyance of the Federal lands under

21 subsection (a) within three months after the Secretary ac22 cepts the lands described in subsection (b).

23 SEC. 604. LAND EXCHANGE, TOM J. DAVIS LIVESTOCK, IN24 CORPORATED.

25 (a) EXCHANGE AUTHORIZED.—For the purpose of

26 protecting and consolidating Federal lands within the wil-
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1 derness areas, the Secretary may carry out a land ex2 change with Tom J. Davis Livestock, Incorporated, to con3 vey all right, title, and interest of the United States in

4 and to certain parcels of land under the jurisdiction of

5 the Bureau of Land Management in the vicinity of Steens

6 Mountain, Oregon, as depicted on the map referred to in

7 section 101, consisting of a total of approximately ll

8 acres in exchange for the private lands described in sub9 section (b).

10 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid11 eration for the conveyance of the Federal lands referred

12 to in subsection (a), Tom J. Davis Livestock, Incor13 porated, shall convey to the Secretary a parcel of land con14 sisting of approximately ll acres, as depicted on the

15 map referred to in subsection (a), for inclusion in a wilder16 ness area.

17 (c) COMPLETION OF CONVEYANCE.—The Secretary

18 shall complete the conveyance of the Federal lands under

19 subsection (a) within three months after the Secretary ac20 cepts the lands described in subsection (b).

21 SEC. 605. LAND EXCHANGE, HAMMOND RANCH.

22 (a) EXCHANGE AUTHORIZED.—For the purpose of

23 establishing the fir grove management area and reserve

24 under section 501, the Secretary may carry out a land

25 exchange with Hammond Ranch, Incorporated, to convey
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1 all right, title, and interest of the United States in and

2 to certain parcels of land under the jurisdiction of the Bu3 reau of Land Management in the vicinity of Steens Moun4 tain, Oregon, as depicted on the map referred to in section

5 101, consisting of a total of approximately ll acres in

6 exchange for the private lands described in subsection (b).

7 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid8 eration for the conveyance of the Federal lands referred

9 to in subsection (a), Hammond Ranch, Incorporated, shall

10 convey to the Secretary a parcel of land consisting of ap11 proximately ll acres, as depicted on the map referred

12 to in subsection (a), for inclusion in the fir grove manage13 ment area and reserve.

14 (c) COMPLETION OF CONVEYANCE.—The Secretary

15 shall complete the conveyance of the Federal lands under

16 subsection (a) within three months after the Secretary ac17 cepts the lands described in subsection (b).

18 SEC. 606. LAND EXCHANGE, JOHN AND CINDY WITZEL.

19 (a) EXCHANGE AUTHORIZED.—For the purpose of

20 protecting and consolidating Federal lands within the Co21 operative Management and Protection Area, the Secretary

22 may carry out a land exchange with John and Cindy

23 Witzel to convey all right, title, and interest of the United

24 States in and to certain parcels of land under the jurisdic25 tion of the Bureau of Land Management in the vicinity
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1 of Steens Mountain, Oregon, as depicted on the map re2 ferred to in section 101, consisting of a total of approxi3 mately ll acres in exchange for the private lands and

4 conservation easement described in subsection (b).

5 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid6 eration for the conveyance of the Federal lands referred

7 to in subsection (a), John and Cindy Witzel shall convey

8 to the Secretary—

9 (1) a parcel of land consisting of approximately

10 120 acres on Fish Creek, as depicted on the map re11 ferred to in subsection (a), for inclusion in the Coop12 erative Management and Protection Area; and

13 (2) a conservation easement on an additional

14 200 acres of their land.

15 (c) COMPLETION OF CONVEYANCE.—The Secretary

16 shall complete the conveyance of the Federal lands under

17 subsection (a) within three months after the Secretary ac18 cepts the lands described in subsection (b).

19 SEC. 607. GENERAL PROVISIONS APPLICABLE TO LAND EX20 CHANGES.

21 (a) APPLICABLE LAW.—Except as otherwise provided

22 in this section, any exchange of Federal land under this

23 title shall be subject to the laws and regulations applicable

24 to the conveyance and acquisition of land under the juris25 diction of the Bureau of Land Management.
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1 (b) CONDITIONS ON ACCEPTANCE.—Title to the non2 Federal lands to be conveyed under this title must be ac3 ceptable to the Secretary, and the conveyances shall be

4 subject to valid existing rights of record. The non-Federal

5 lands shall conform with the title approval standards ap6 plicable to Federal land acquisitions.

7 (c) LEGAL DESCRIPTIONS.—The exact acreage and

8 legal description of all lands to be exchanged under this

9 title shall be determined by surveys satisfactory to the Sec10 retary. The costs of any such survey, as well as other ad11 ministrative costs incurred to execute a land exchange

12 under this title, shall be borne by the Secretary.

13 (d) PUBLIC COMMENT.—The Secretary shall provide

14 interested persons with an opportunity to review and com15 ment on the environmental benefits of the land exchanges

16 authorized by this title.

17 (e) INDEPENDENT REVIEW.—The Secretary shall

18 enter into an agreement with an independent party to re19 view the land exchanges authorized by this title and to

20 submit to the Secretary a report regarding whether the

21 overall land exchange package described in this title re22 flects fair value and will benefit the public.
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1 TITLE VII—FUNDING

2 AUTHORITIES

3 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

4 Except as provided in section 702, There is hereby

5 authorized to be appropriated such sums as may be nec6 essary to carry out this Act.

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

8 (a) AVAILABILITY OF FUND.—There are authorized

9 to be appropriated $25,000,000 from the land and water

10 conservation fund established under section 2 of the Land

11 and Water Conservation Fund Act of 1965 (16 U.S.C.

12 460l–5) to provide funds for the acquisition of land and

13 interests in land under section 114 and to enter into non14 development easements and conservation easements under

15 section 122(b).

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

17 to the authorization of appropriations in subsection (a)

18 shall remain available until expended.

19 TITLE VIII—CONDITIONAL

20 IMPLEMENTATION OF ACT

21 SEC. 801. IMPLEMENTATION CONDITIONED ON COMPLE22 TION OF CERTAIN EXCHANGES.

23 The amendments made by section 301 shall not take

24 effect and the Secretary may not designate the Coopera25 tive Management and Protection Area, the wilderness
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1 areas, the mineral withdrawal area, the Donner und

2 Blitzen River redband trout reserve, or the fir groves man3 agement area and reserve or undertake any other activity

4 required or authorized by this Act (other than title VI)

5 until the Secretary certifies to Congress that—

6 (1) the land exchanges authorized by sections

7 601, 602, 603, and 604 described in title VI have

8 been successfully completed; and

9 (2) the Secretary has obtained suitable forage

10 elsewhere, as required by section 113(d)(2) and

11 601(c), for the grazing permittees in the Lowther

12 and Roaring Springs allotments whose permits are

13 to be canceled pursuant to section 113(d)(2).

Æ