106TH CONGRESS

2D SESSION H. R. 4828

AN ACT

To designate the Steens Mountain Wilderness Area and the

Steens Mountain Cooperative Management and Protection Area 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,
2

•HR 4828 EH

1 SECTION 1. SHORT TITLE; PURPOSES; TABLE OF CON2 TENTS.

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

4 ‘‘Steens Mountain Cooperative Management and Protec5 tion Act of 2000’’.

6 (b) PURPOSES.—The purposes of this Act are the fol7 lowing:

8 (1) To maintain the cultural, economic, ecologi9 cal, and social health of the Steens Mountain area

10 in Harney County, Oregon.

11 (2) To designate the Steens Mountain Wilder12 ness Area.

13 (3) To designate the Steens Mountain Coopera14 tive Management and Protection Area.

15 (4) To provide for the acquisition of private

16 lands through exchange for inclusion in the Wilder17 ness Area and the Cooperative Management and

18 Protection Area.

19 (5) To provide for and expand cooperative man20 agement activities between public and private land21 owners in the vicinity of the Wilderness Area and

22 surrounding lands.

23 (6) To authorize the purchase of land and de24 velopment and nondevelopment rights.

25 (7) To designate additional components of the

26 National Wild and Scenic Rivers System.
3

•HR 4828 EH

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

2 a wildlands juniper management area.

3 (9) To establish a citizens’ management advi4 sory council for the Cooperative Management and

5 Protection Area.

6 (10) To maintain and enhance cooperative and

7 innovative management practices between the public

8 and private land managers in the Cooperative Man9 agement and Protection Area.

10 (11) To promote viable and sustainable grazing

11 and recreation operations on private and public

12 lands.

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

14 healthy watersheds and the long-term ecological in15 tegrity of Steens Mountain.

16 (13) To authorize only such uses on Federal

17 lands in the Cooperative Management and Protec18 tion Area that are consistent with the purposes of

19 this Act.

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

21 this Act is as follows:

Sec. 1. Short title; purposes; table of contents.

Sec. 2. Definitions.

Sec. 3. Maps and legal descriptions.

Sec. 4. Valid existing rights.

Sec. 5. Protection of tribal rights.

TITLE I—STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND

PROTECTION AREA

Subtitle A—Designation and Purposes
4

•HR 4828 EH

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

Sec. 102. Purpose and objectives of Cooperative Management and protection

Area.

Subtitle B—Management of Federal Lands

Sec. 111. Management authorities and purposes.

Sec. 112. Roads and travel access.

Sec. 113. Land use authorities.

Sec. 114. Land acquisition authority.

Sec. 115. Special use permits.

Subtitle C—Cooperative Management

Sec. 121. Cooperative management agreements.

Sec. 122. Cooperative efforts to control development and encourage conservation.

Subtitle D—Advisory Council

Sec. 131. Establishment of advisory council.

Sec. 132. Advisory role in management activities.

Sec. 133. Science committee.

TITLE II—STEENS MOUNTAIN WILDERNESS AREA

Sec. 201. Designation of Steens Mountain Wilderness Area.

Sec. 202. Administration of Wilderness Area.

Sec. 203. Water rights.

Sec. 204. Treatment of wilderness study areas.

TITLE III—WILD AND SCENIC RIVERS AND TROUT RESERVE

Sec. 301. Designation of streams for wild and scenic river status in Steens

Mountain area.

Sec. 302. Donner und Blitzen River redband trout reserve.

TITLE IV—MINERAL WITHDRAWAL AREA

Sec. 401. Designation of mineral withdrawal area.

Sec. 402. Treatment of State lands and mineral interests.

TITLE V—ESTABLISHMENT OF WILDLANDS JUNIPER

MANAGEMENT AREA

Sec. 501. Wildlands juniper management area.

Sec. 502. Release from wilderness study area status.

TITLE VI—LAND EXCHANGES

Sec. 601. Land exchange, Roaring Springs Ranch.

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

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

Sec. 604. Land exchange, Lowther (Clemens) Ranch.

Sec. 605. General provisions applicable to land exchanges.

TITLE VII—FUNDING AUTHORITIES
5

•HR 4828 EH

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 AGREE7 MENT.—An agreement to plan or implement (or

8 both) cooperative recreation, ecological, grazing,

9 fishery, vegetation, prescribed fire, cultural site pro10 tection, wildfire or other measures to beneficially

11 meet public use needs and the public land and pri12 vate land objectives of this Act.

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

15 and Protection Area’’ means the Steens Mountain

16 Cooperative Management and Protection Area des17 ignated by title I.

18 (4) EASEMENTS.—

19 (A) CONSERVATION EASEMENT.—The

20 term ‘‘conservation easement’’ means a binding

21 contractual agreement between the Secretary

22 and a landowner in the Cooperative Manage23 ment and Protection Area under which the

24 landowner, permanently or during a time period
6

•HR 4828 EH

1 specified in the agreement, agrees to conserve

2 or restore habitat, open space, scenic, or other

3 ecological resource values on the land covered

4 by the easement.

5 (B) NONDEVELOPMENT EASEMENT.—The

6 term ‘‘nondevelopment easement’’ means a

7 binding contractual agreement between the Sec8 retary and a landowner in the Cooperative Man9 agement and Protection Area that will, perma10 nently or during a time period specified in the

11 agreement—

12 (i) prevent or restrict development on

13 the land covered by the easement; or

14 (ii) protect open space or viewshed.

15 (5) ECOLOGICAL INTEGRITY.—The term ‘‘eco16 logical integrity’’ means a landscape where ecological

17 processes are functioning to maintain the structure,

18 composition, activity, and resilience of the landscape

19 over time, including—

20 (A) a complex of plant communities, habi21 tats and conditions representative of variable

22 and sustainable successional conditions; and

23 (B) the maintenance of biological diversity,

24 soil fertility, and genetic interchange.
7

•HR 4828 EH

1 (6) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the Co3 operative Management and Protection Area and the

4 Wilderness Area required to be prepared by section

5 111(b).

6 (7) REDBAND TROUT RESERVE.—The term

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

8 Blitzen Redband Trout Reserve designated by sec9 tion 302.

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

11 the Secretary of the Interior, acting through the Bu12 reau of Land Management.

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

14 committee’’ means the committee of independent sci15 entists appointed under section 133.

16 (10) WILDERNESS AREA.—The term ‘‘Wilder17 ness Area’’ means the Steens Mountain Wilderness

18 Area designated by title II.

19 SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

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

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

22 the Secretary shall prepare and submit to Congress maps

23 and legal descriptions of the following:

24 (1) The Cooperative Management and Protec25 tion Area.
8

•HR 4828 EH

1 (2) The Wilderness Area.

2 (3) The wild and scenic river segments and

3 redband trout reserve designated by title III.

4 (4) The mineral withdrawal area designated by

5 title IV.

6 (5) The wildlands juniper management area es7 tablished by title V.

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

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

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

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

12 except the Secretary may correct clerical and typo13 graphical errors in such maps and legal descriptions.

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

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

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

17 Director of the Bureau of Land Management and in the

18 appropriate office of the Bureau of Land Management in

19 the State of Oregon.

20 SEC. 4. VALID EXISTING RIGHTS.

21 Nothing in this Act shall effect any valid existing

22 right.

23 SEC. 5. PROTECTION OF TRIBAL RIGHTS.

24 Nothing in this Act shall be construed to diminish

25 the rights of any Indian tribe. Nothing in this Act shall
9

•HR 4828 EH

1 be construed to diminish tribal rights, including those of

2 the Burns Paiute Tribe, regarding access to Federal lands

3 for tribal activities, including spiritual, cultural, and tradi4 tional food gathering activities.

5 TITLE I—STEENS MOUNTAIN CO6 OPERATIVE MANAGEMENT

7 AND PROTECTION AREA

8 Subtitle A—Designation and

9 Purposes

10 SEC. 101. DESIGNATION OF STEENS MOUNTAIN COOPERA11 TIVE MANAGEMENT AND PROTECTION AREA.

12 (a) DESIGNATION.—The Secretary shall designate

13 the Steens Mountain Cooperative Management and Pro14 tection Area consisting of approximately 425,550 acres of

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

16 vicinity of Steens Mountain, as generally depicted on the

17 map entitled ‘‘Steens Mountain Boundary Map’’ and

18 dated September 18, 2000.

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

20 boundaries of the Cooperative Management and Protec21 tion Area, the map referred to in subsection (a) also de22 picts the general boundaries of the following:

23 (1) The no livestock grazing area described in

24 section 113(e).
10

•HR 4828 EH

1 (2) The mineral withdrawal area designated by

2 title IV.

3 (3) The wildlands juniper management area es4 tablished by title V.

5 SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE

6 MANAGEMENT AND PROTECTION AREA.

7 (a) PURPOSE.—The purpose of the Cooperative Man8 agement and Protection Area is to conserve, protect, and

9 manage the long-term ecological integrity of Steens Moun10 tain for future and present generations.

11 (b) OBJECTIVES.—To further the purpose specified

12 in subsection (a), and consistent with such purpose, the

13 Secretary shall manage the Cooperative Management and

14 Protection Area for the benefit of present and future

15 generations—

16 (1) to maintain and enhance cooperative and in17 novative management projects, programs and agree18 ments between tribal, public, and private interests in

19 the Cooperative Management and Protection Area;

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

21 other uses that are sustainable;

22 (3) to conserve, protect and to ensure tradi23 tional access to cultural, gathering, religious, and ar24 chaeological sites by the Burns Paiute Tribe on Fed-
11

•HR 4828 EH

1 eral lands and to promote cooperation with private

2 landowners;

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

4 improved management of the ecological, social, and

5 economic environment of the Cooperative Manage6 ment and Protection Area, including geological, bio7 logical, wildlife, riparian, and scenic resources; and

8 (5) to promote and foster cooperation, commu9 nication, and understanding and to reduce conflict

10 between Steens Mountain users and interests.

11 Subtitle B—Management of Federal

12 Lands

13 SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.

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

15 Federal lands included in the Cooperative Management

16 and Protection Area pursuant to the Federal Land Policy

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

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

19 in a manner that—

20 (1) ensures the conservation, protection, and

21 improved management of the ecological, social and

22 economic environment of the Cooperative Manage23 ment and Protection Area, including geological, bio24 logical, wildlife, riparian, and scenic resources,

25 North American Indian tribal and cultural and ar-
12

•HR 4828 EH

1 chaeological resource sites, and additional cultural

2 and historic sites; and

3 (2) recognizes and allows current and historic

4 recreational use.

5 (b) MANAGEMENT PLAN.—Within four years after

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

7 develop a comprehensive plan for the long-range protection

8 and management of the Federal lands included in the Co9 operative Management and Protection Area, including the

10 Wilderness Area. The plan shall—

11 (1) describe the appropriate uses and manage12 ment of the Cooperative Management and Protection

13 Area consistent with this Act;

14 (2) incorporate, as appropriate, decisions con15 tained in any current or future management or ac16 tivity plan for the Cooperative Management and

17 Protection Area and use information developed in

18 previous studies of the lands within or adjacent to

19 the Cooperative Management and Protection Area;

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

21 and private local landowners and the Burns Paiute

22 Tribe; and

23 (4) determine measurable and achievable man24 agement objectives, consistent with the management
13

•HR 4828 EH

1 objectives in section 102, to ensure the ecological in2 tegrity of the area.

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

4 monitoring program for Federal lands in the Cooperative

5 Management and Protection Area so that progress to6 wards ecological integrity objectives can be determined.

7 SEC. 112. ROADS AND TRAVEL ACCESS.

8 (a) TRANSPORTATION PLAN.—The management plan

9 shall include, as an integral part, a comprehensive trans10 portation plan for the Federal lands included in the Coop11 erative Management and Protection Area, which shall ad12 dress the maintenance, improvement, and closure of roads

13 and trails as well as travel access.

14 (b) PROHIBITION ON OFF-ROAD MOTORIZED TRAV15 EL.—

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

17 mechanized vehicles on Federal lands included in the

18 Cooperative Management and Protection Area—

19 (A) is prohibited off road; and

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

21 may be designated for their use as part of the

22 management plan.

23 (2) EXCEPTIONS.—Paragraph (1) does not pro24 hibit the use of motorized or mechanized vehicles on

25 Federal lands included in the Cooperative Manage-
14

•HR 4828 EH

1 ment and Protection Area if the Secretary deter2 mines that such use—

3 (A) is needed for administrative purposes

4 or to respond to an emergency; or

5 (B) is appropriate for the construction or

6 maintenance of agricultural facilities, fish and

7 wildlife management, or ecological restoration

8 projects, except in areas designated as wilder9 ness or managed under the provisions of section

10 603(c) of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1782).

12 (c) ROAD CLOSURES.—Any determination to perma13 nently close an existing road in the Cooperative Manage14 ment and Protection Area or to restrict the access of mo15 torized or mechanized vehicles on certain roads shall be

16 made in consultation with the advisory council and the

17 public.

18 (d) PROHIBITION ON NEW CONSTRUCTION.—

19 (1) PROHIBITION, EXCEPTION.—No new road

20 or trail for motorized or mechanized vehicles may be

21 constructed on Federal lands in the Cooperative

22 Management and Protection Area unless the Sec23 retary determines that the road or trail is necessary

24 for public safety or protection of the environment.

25 Any determination under this subsection shall be
15

•HR 4828 EH

1 made in consultation with the advisory council and

2 the public.

3 (2) TRAILS.—Nothing in this subsection is in4 tended to limit the authority of the Secretary to con5 struct or maintain trails for nonmotorized or non6 mechanized use.

7 (e) ACCESS TO NONFEDERALLY OWNED LANDS.—

8 (1) REASONABLE ACCESS.—The Secretary shall

9 provide reasonable access to nonfederally owned

10 lands or interests in land within the boundaries of

11 the Cooperative Management and Protection Area

12 and the Wilderness Area to provide the owner of the

13 land or interest the reasonable use thereof.

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

15 Nothing in this Act shall have the effect of termi16 nating any valid existing right-of-way on Federal

17 lands included in the Cooperative Management and

18 Protection Area.

19 SEC. 113. LAND USE AUTHORITIES.

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

21 such uses of the Federal lands included in the Cooperative

22 Management and Protection Area as the Secretary finds

23 will further the purposes for which the Cooperative Man24 agement and Protection Area is established.

25 (b) COMMERCIAL TIMBER.—
16

•HR 4828 EH

1 (1) PROHIBITION.—The Federal lands included

2 in the Cooperative Management and Protection Area

3 shall not be made available for commercial timber

4 harvest.

5 (2) LIMITED EXCEPTION.—The Secretary may

6 authorize the removal of trees from Federal lands in

7 the Cooperative Management and Protection Area

8 only if the Secretary determines that the removal is

9 clearly needed for purposes of ecological restoration

10 and maintenance or for public safety. Except in the

11 Wilderness Area and the wilderness study areas re12 ferred to in section 204(a), the Secretary may au13 thorize the sale of products resulting from the au14 thorized removal of trees under this paragraph.

15 (c) JUNIPER MANAGEMENT.—The Secretary shall

16 emphasize the restoration of the historic fire regime in the

17 Cooperative Management and Protection Area and the re18 sulting native vegetation communities through active man19 agement of Western Juniper on a landscape level. Man20 agement measures shall include the use of natural and

21 prescribed burning.

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

23 (1) AUTHORIZATION.—The Secretary shall per24 mit hunting, fishing, and trapping on Federal lands

25 included in the Cooperative Management and Pro-
17

•HR 4828 EH

1 tection Area in accordance with applicable laws and

2 regulations of the United States and the State of

3 Oregon.

4 (2) AREA AND TIME LIMITATIONS.—After con5 sultation with the Oregon Department of Fish and

6 Wildlife, the Secretary may designate zones where,

7 and establish periods when, hunting, trapping or

8 fishing is prohibited on Federal lands included in the

9 Cooperative Management and Protection Area for

10 reasons of public safety, administration, or public

11 use and enjoyment.

12 (e) GRAZING.—

13 (1) CONTINUATION OF EXISTING LAW.—Except

14 as otherwise provided in this section and title VI,

15 the laws, regulations, and executive orders otherwise

16 applicable to the Bureau of Land Management in

17 issuing and administering grazing leases and per18 mits on lands under its jurisdiction shall apply in re19 gard to the Federal lands included in the Coopera20 tive Management and Protection Area.

21 (2) CANCELLATION OF CERTAIN PERMITS.—

22 The Secretary shall cancel that portion of the per23 mitted grazing on Federal lands in the Fish Creek/

24 Big Indian, East Ridge, and South Steens allot25 ments located within the area designated as the ‘‘no
18

•HR 4828 EH

1 livestock grazing area’’ on the map referred to in

2 section 101(a). Upon cancellation, future grazing

3 use in that designated area is prohibited. The Sec4 retary shall be responsible for installing and main5 taining any fencing required for resource protection

6 within the designated no livestock grazing area.

7 (3) FORAGE REPLACEMENT.—Reallocation of

8 available forage shall be made as follows:

9 (A) O’Keefe pasture within the Miners

10 Field allotment to Stafford Ranches.

11 (B) Fields Seeding and Bone Creek Pas12 ture east of the county road within the Miners

13 Field allotment to Amy Ready.

14 (C) Miners Field Pasture, Schouver Seed15 ing and Bone Creek Pasture west of the county

16 road within the Miners Field allotment to Roar17 ing Springs Ranch.

18 (D) 800 animal unit months within the

19 Crows Nest allotment to Lowther (Clemens)

20 Ranch.

21 (4) FENCING AND WATER SYSTEMS.—The Sec22 retary shall also construct fencing and develop water

23 systems as necessary to allow reasonable and effi24 cient livestock use of the forage resources referred to

25 in paragraph (3).
19

•HR 4828 EH

1 (f) PROHIBITION ON CONSTRUCTION OF FACILI2 TIES.—No new facilities may be constructed on Federal

3 lands included in the Cooperative Management and Pro4 tection Area unless the Secretary determines that the

5 structure—

6 (1) will be minimal in nature;

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

8 and

9 (3) is necessary—

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

11 or watershed conditions;

12 (B) for public information, health, or safe13 ty;

14 (C) for the management of livestock; or

15 (D) for the management of recreation, but

16 not for the promotion of recreation.

17 (g) WITHDRAWAL.—Subject to valid existing rights,

18 the Federal lands and interests in lands included in the

19 Cooperative Management and Protection Areas are hereby

20 withdrawn from all forms of entry, appropriation, or dis21 posal under the public land laws, except in the case of

22 land exchanges if the Secretary determines that the ex23 change furthers the purpose and objectives specified in

24 section 102 and so certifies to Congress.
20

•HR 4828 EH

1 SEC. 114. LAND ACQUISITION AUTHORITY.

2 (a) ACQUISITION.—

3 (1) ACQUISITION AUTHORIZED.—In addition to

4 the land acquisitions authorized by title VI, the Sec5 retary may acquire other non-Federal lands and in6 terests in lands located within the boundaries of the

7 Cooperative Management and Protection Area or the

8 Wilderness Area.

9 (2) ACQUISITION METHODS.—Lands may be ac10 quired under this subsection only by voluntary ex11 change, donation, or purchase from willing sellers.

12 (b) TREATMENT OF ACQUIRED LANDS.—

13 (1) IN GENERAL.—Subject to paragraphs (2)

14 and (3), lands or interests in lands acquired under

15 subsection (a) or title VI that are located within the

16 boundaries of the Cooperative Management and Pro17 tection Area shall—

18 (A) become part of the Cooperative Man19 agement and Protection Area; and

20 (B) be managed pursuant to the laws ap21 plicable to the Cooperative Management and

22 Protection Area.

23 (2) LANDS WITHIN WILDERNESS AREA.—If

24 lands or interests in lands acquired under subsection

25 (a) or title VI are within the boundaries of the Wil-
21

•HR 4828 EH

1 derness Area, the acquired lands or interests in

2 lands shall—

3 (1) become part of the Wilderness Area; and

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

5 other laws applicable to the Wilderness Area.

6 (3) LANDS WITHIN WILDERNESS STUDY

7 AREA.—If the lands or interests in lands acquired

8 under subsection (a) or title VI are within the

9 boundaries of a wilderness study area, the acquired

10 lands or interests in lands shall—

11 (1) become part of that wilderness study area;

12 and

13 (2) be managed pursuant to the laws applicable

14 to that wilderness study area.

15 (c) APPRAISAL.—In appraising non-Federal land, de16 velopment rights, or conservation easements for possible

17 acquisition under this section or section 122, the Secretary

18 shall disregard any adverse impacts on values resulting

19 from the designation of the Cooperative Management and

20 Protection Area or the Wilderness Area.

21 SEC. 115. SPECIAL USE PERMITS.

22 The Secretary may renew a special recreational use

23 permit applicable to lands included in the Wilderness Area

24 to the extent that the Secretary determines that the per25 mit is consistent with the Wilderness Act (16 U.S.C. 1131
22

•HR 4828 EH

1 et seq.). If renewal is not consistent with the Wilderness

2 Act, the Secretary shall seek other opportunities for the

3 permit holder through modification of the permit to realize

4 historic permit use to the extent that the use is consistent

5 with the Wilderness Act and this Act, as determined by

6 the Secretary.

7 Subtitle C—Cooperative

8 Management

9 SEC. 121. COOPERATIVE MANAGEMENT AGREEMENTS.

10 (a) COOPERATIVE EFFORTS.—To further the pur11 poses and objectives for which the Cooperative Manage12 ment and Protection Area is designated, the Secretary

13 may work with non-Federal landowners and other parties

14 who voluntarily agree to participate in the cooperative

15 management of Federal and non-Federal lands in the Co16 operative Management and Protection Area.

17 (b) AGREEMENTS AUTHORIZED.—The Secretary may

18 enter into a cooperative management agreement with any

19 party to provide for the cooperative conservation and man20 agement of the Federal and non-Federal lands subject to

21 the agreement.

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

23 landowners involved, the Secretary may permit permittees,

24 special-use permit holders, other Federal and State agen25 cies, and interested members of the public to participate
23

•HR 4828 EH

1 in a cooperative management agreement as appropriate to

2 achieve the resource or land use management objectives

3 of the agreement.

4 (d) TRIBAL CULTURAL SITE PROTECTION.—The

5 Secretary may enter into agreements with the Burns Pai6 ute Tribe to protect cultural sites in the Cooperative Man7 agement and Protection Area of importance to the tribe.

8 SEC. 122. COOPERATIVE EFFORTS TO CONTROL DEVELOP9 MENT AND ENCOURAGE CONSERVATION.

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

11 lands within the boundaries of the Cooperative Manage12 ment and Protection Area which is different from the cur13 rent character and uses of the lands is inconsistent with

14 the purposes of this Act.

15 (b) USE OF NONDEVELOPMENT AND CONSERVATION

16 EASEMENTS.—The Secretary may enter into a non17 development easement or conservation easement with will18 ing landowners to further the purposes of this Act.

19 (c) CONSERVATION INCENTIVE PAYMENTS.—The

20 Secretary may provide technical assistance, cost-share

21 payments, incentive payments, and education to a private

22 landowner in the Cooperative Management and Protection

23 Area who enters into a contract with the Secretary to pro24 tect or enhance ecological resources on the private land
24

•HR 4828 EH

1 covered by the contract if those protections or enhance2 ments benefit public lands.

3 (d) RELATION TO PROPERTY RIGHTS AND STATE

4 AND LOCAL LAW.—Nothing in this Act is intended to af5 fect rights or interests in real property or supersede State

6 law.

7 Subtitle D—Advisory Council

8 SEC. 131. ESTABLISHMENT OF ADVISORY COUNCIL.

9 (a) ESTABLISHMENT.—The Secretary shall establish

10 the Steens Mountain Advisory Council to advise the Sec11 retary in managing the Cooperative Management and Pro12 tection Area and in promoting the cooperative manage13 ment under subtitle C.

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

15 12 voting members, to be appointed by the Secretary, as

16 follows:

17 (1) A private landowner in the Cooperative

18 Management and Protection Area, appointed from

19 nominees submitted by the county court for Harney

20 County, Oregon.

21 (2) Two persons who are grazing permittees on

22 Federal lands in the Cooperative Management and

23 Protection Area, appointed from nominees submitted

24 by the county court for Harney County, Oregon.
25

•HR 4828 EH

1 (3) A person interested in fish and recreational

2 fishing in the Cooperative Management and Protec3 tion Area, appointed from nominees submitted by

4 the Governor of Oregon.

5 (4) A member of the Burns Paiute Tribe, ap6 pointed from nominees submitted by the Burns Pai7 ute Tribe.

8 (5) Two persons who are recognized environ9 mental representatives, one of whom shall represent

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

11 local area, appointed from nominees submitted by

12 the Governor of Oregon.

13 (6) A person who participates in what is com14 monly called dispersed recreation, such as hiking,

15 camping, nature viewing, nature photography, bird

16 watching, horse back riding, or trail walking, ap17 pointed from nominees submitted by the Oregon

18 State Director of the Bureau of Land Management.

19 (7) A person who is a recreational permit hold20 er or is a representative of a commercial recreation

21 operation in the Cooperative Management and Pro22 tection Area, appointed from nominees submitted

23 jointly by the Oregon State Director of the Bureau

24 of Land Management and the county court for Har25 ney County, Oregon.
26

•HR 4828 EH

1 (8) A person who participates in what is com2 monly called mechanized or consumptive recreation,

3 such as hunting, fishing, off-road driving, hang glid4 ing, or parasailing, appointed from nominees sub5 mitted by the Oregon State Director of the Bureau

6 of Land Management.

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

8 horse management on Steens Mountain, appointed

9 from nominees submitted by the Oregon State Di10 rector of the Bureau of Land Management.

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

12 the Cooperative Management and Protection Area to

13 represent statewide interests, appointed from nomi14 nees submitted by the Governor of Oregon.

15 (c) CONSULTATION.—In reviewing nominees sub16 mitted under subsection (b) for possible appointment to

17 the advisory council, the Secretary shall consult with the

18 respective community of interest that the nominees are to

19 represent to ensure that the nominees have the support

20 of their community of interest.

21 (d) TERMS.—

22 (1) STAGGERED TERMS.—Members of the advi23 sory council shall be appointed for terms of three

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

25 four members shall be appointed for a term of one
27

•HR 4828 EH

1 year and four members shall be appointed for a term

2 of 2 years.

3 (2) REAPPOINTMENT.—A member may be re4 appointed to serve on the advisory council.

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

6 council shall be filled in the same manner as the

7 original appointment.

8 (d) CHAIRPERSON AND PROCEDURES.—The advisory

9 council shall elect a chairperson and establish such rules

10 and procedures as it deems necessary or desirable.

11 (e) SERVICE WITHOUT COMPENSATION.—Members

12 of the advisory council shall serve without pay, but the

13 Secretary shall reimburse members for reasonable ex14 penses incurred in carrying out official duties as a member

15 of the council.

16 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall

17 provide the advisory council with necessary administrative

18 support and shall designate an appropriate officer of the

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

20 liaison to the council.

21 (g) STATE LIAISON.—The Secretary shall appoint

22 one person, nominated by the Governor of Oregon, to serve

23 as the State government liaison to the advisory council.

24 (h) APPLICABLE LAW.—The advisory committee

25 shall be subject to the Federal Land Policy and Manage-
28

•HR 4828 EH

1 ment Act of 1976 (43 U.S.C. 1701 et seq.) and the Fed2 eral Advisory Committee Act (5 U.S.C. App.).

3 SEC. 132. ADVISORY ROLE IN MANAGEMENT ACTIVITIES.

4 (a) MANAGEMENT RECOMMENDATIONS.—The advi5 sory committee shall utilize sound science, existing plans

6 for the management of Federal lands included in the Co7 operative Management and Protection Area, and other

8 tools to formulate recommendations for the Secretary

9 regarding—

10 (1) new and unique approaches to the manage11 ment of lands within the boundaries of the Coopera12 tive Management and Protection Area; and

13 (2) cooperative programs and incentives for

14 seamless landscape management that meets human

15 needs and maintains and improves the ecological and

16 economic integrity of the Cooperative Management

17 and Protection Area.

18 (b) PREPARATION OF MANAGEMENT PLAN.—The

19 Secretary shall consult with the advisory committee as

20 part of the preparation and implementation of the man21 agement plan.

22 (c) SUBMISSION OF RECOMMENDATIONS.—No rec23 ommendations may be presented to the Secretary by the

24 advisory council without the agreement of at least nine

25 members of the advisory council.
29

•HR 4828 EH

1 SEC. 133. SCIENCE COMMITTEE.

2 The Secretary shall appoint, as needed or at the re3 quest of the advisory council, a team of respected, knowl4 edgeable, and diverse scientists to provide advice on ques5 tions relating to the management of the Cooperative Man6 agement and Protection Area to the Secretary and the ad7 visory council. The Secretary shall seek the advice of the

8 advisory council in making these appointments.

9 TITLE II—STEENS MOUNTAIN

10 WILDERNESS AREA

11 SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDER12 NESS AREA.

13 The Federal lands in the Cooperative Management

14 and Protection Area depicted as wilderness on the map

15 entitled ‘‘Steens Mountain Wilderness Area’’ and dated

16 September 18, 2000, are hereby designated as wilderness

17 and therefore as a component of the National Wilderness

18 Preservation System. The wilderness area shall be known

19 as the Steens Mountain Wilderness Area.

20 SEC. 202. ADMINISTRATION OF WILDERNESS AREA.

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

22 the Wilderness Area in accordance with this title and the

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

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

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

26 to the date of the enactment of this Act.
30

•HR 4828 EH

1 (b) WILDERNESS BOUNDARIES ALONG ROADS.—

2 Where a wilderness boundary exists along a road, the wil3 derness boundary shall be set back from the centerline of

4 the road, consistent with the Bureau of Land Manage5 ment’s guidelines as established in its Wilderness Manage6 ment Policy.

7 (c) ACCESS TO NON-FEDERAL LANDS.—The Sec8 retary shall provide reasonable access to private lands

9 within the boundaries of the Wilderness Area, as provided

10 in section 112(d).

11 (d) GRAZING.—

12 (1) ADMINISTRATION.—Except as provided in

13 section 113(e)(2), grazing of livestock shall be ad14 ministered in accordance with the provision of sec15 tion 4(d)(4) of the Wilderness Act (16 U.S.C.

16 1133(d)(4)), in accordance with the provisions of

17 this Act, and in accordance with the guidelines set

18 forth in Appendices A and B of House Report 101–

19 405 of the 101st Congress.

20 (2) RETIREMENT OF CERTAIN PERMITS.—The

21 Secretary shall permanently retire all grazing per22 mits applicable to certain lands in the Wilderness

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

24 101(a), and livestock shall be excluded from these

25 lands.
31

•HR 4828 EH

1 SEC. 203. WATER RIGHTS.

2 Nothing in this Act shall constitute an express or im3 plied claim or denial on the part of the Federal Govern4 ment as to exemption from State water laws.

5 SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.

6 (a) STATUS UNAFFECTED.—Except as provided in

7 section 502, any wilderness study area, or portion of a

8 wilderness study area, within the boundaries of the Coop9 erative Management and Protection Area, but not in10 cluded in the Wilderness Area, shall remain a wilderness

11 study area notwithstanding the enactment of this Act.

12 (b) MANAGEMENT.—The wilderness study areas re13 ferred to in subsection (a) shall continue to be managed

14 under section 603(c) of the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1782(c)) in a manner

16 so as not to impair the suitability of the areas for preser17 vation as wilderness.

18 (c) EXPANSION OF BASQUE HILLS WILDERNESS

19 STUDY AREA.—The boundaries of the Basque Hills Wil20 derness Study Area are hereby expanded to include the

21 Federal lands within sections 8, 16, 17, 21, 22, and 27

22 of township 36 south, range 31 east, Willamette Meridian.

23 These lands shall be managed under section 603(c) of the

24 Federal Lands Policy and Management Act of 1976 (43

25 U.S.C. 1782(c)) to protect and enhance the wilderness val26 ues of these lands.
32

•HR 4828 EH

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

19 its confluence with an unnamed spring in the

SW1⁄4SE1 20 ⁄4 of section 32, township 33 south, range

21 33 east, to its confluence with the Donner und

22 Blitzen River.

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

24 from its headwaters to its confluence with the

25 Donner und Blitzen River.
33

•HR 4828 EH

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

2 of Ankle Creek from its confluence with an unnamed

tributary in the SE1⁄4SE1 3 ⁄4 of section 17, township

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

5 Creek.’’.

6 (b) DESIGNATION OF WILDHORSE AND KIGER

7 CREEKS, OREGON.—Section 3(a) of the Wild and Scenic

8 Rivers Act (16 U.S.C. 1274(a)) is amended by adding at

9 the end the following new paragraph:

10 ‘‘( ) WILDHORSE AND KIGER CREEKS, OREGON.—

11 The following segments in the Steens Mountain Coopera12 tive Management and Protection Area in the State of Or13 egon, to be administered by the Secretary of the Interior

14 as wild rivers:

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 ‘‘(C) The approximately 4.25-mile segment of

22 Kiger Creek from its headwaters to the point at

23 which it leaves the Steens Mountain Wilderness Area

24 within the Steens Mountain Cooperative Manage25 ment and Protection Area.’’.
34

•HR 4828 EH

1 (c) MANAGEMENT.—Where management require2 ments for a stream segment described in the amendments

3 made by this section differ between the Wild and Scenic

4 Rivers Act (16 U.S.C. 1271 et seq.) and the Wilderness

5 Area, the more restrictive requirements shall apply.

6 SEC. 302. DONNER UND BlITZEN RIVER REDBAND TROUT

7 RESERVE.

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

9 (1) Those portions of the Donner und Blitzen

10 River in the Wilderness Area are an exceptional en11 vironmental resource that provides habitat for

12 unique populations of native fish, migratory water13 fowl, and other wildlife resources, including a unique

14 population of redband trout.

15 (2) Redband trout represent a unique natural

16 history reflecting the Pleistocene connection between

17 the lake basins of eastern Oregon and the Snake

18 and Columbia Rivers.

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

20 designate the Donner und Blitzen Redband Trout Reserve

21 consisting of the Donner und Blitzen River in the Wilder22 ness Area above its confluence with Fish Creek and the

23 Federal riparian lands immediately adjacent to the river.

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

25 Redband Trout Reserve are—
35

•HR 4828 EH

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

2 Donner und Blitzen River population of redband

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

4 wildlife of a river system; and

5 (2) to provide opportunities for scientific re6 search, environmental education, and fish and wild7 life oriented recreation and access to the extent com8 patible with paragraph (1).

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

10 Trout Reserve does not include any private lands adjacent

11 to the Donner und Blitzen River or its tributaries.

12 (e) ADMINISTRATION.—

13 (1) IN GENERAL.—The Secretary shall admin14 ister all lands, waters, and interests therein in the

15 Redband Trout Reserve consistent with the Wilder16 ness Act (16 U.S.C. 1131 et seq.) and the Wild and

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

18 (2) CONSULTATION.—In administering the

19 Redband Trout Reserve, the Secretary shall consult

20 with the advisory council and cooperate with the Or21 egon Department of Fish and Wildlife.

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

23 consistent with applicable law, the Secretary shall

24 manage recreational activities in the Redband Trout

25 Reserve in a manner that conserves the unique pop-
36

•HR 4828 EH

1 ulation of redband trout native to the Donner und

2 Blitzen River.

3 (4) REMOVAL OF DAM.—The Secretary shall re4 move the dam located below the mouth of Fish

5 Creek and above Page Springs if removal of the dam

6 is scientifically justified and funds are available for

7 such purpose.

8 (f) OUTREACH AND EDUCATION.—The Secretary

9 may work with, provide technical assistance to, provide

10 community outreach and education programs for or with,

11 or enter into cooperative agreements with private land12 owners, State and local governments or agencies, and con13 servation organizations to further the purposes of the

14 Redband Trout Reserve.

15 TITLE IV—MINERAL

16 WITHDRAWAL AREA

17 SEC. 401. DESIGNATION OF MINERAL WITHDRAWAL AREA.

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

19 the Federal lands and interests in lands included within

20 the withdrawal boundary as depicted on the map referred

21 to in section 101(a) are hereby withdrawn from—

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

23 laws; and

24 (2) operation of the mineral leasing and geo25 thermal leasing laws and from the minerals mate-
37

•HR 4828 EH

1 rials laws and all amendments thereto except as

2 specified in subsection (b).

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

4 purposes of this Act and the management plan for the Co5 operative Management and Protection Area, the Secretary

6 may permit the development of saleable mineral resources,

7 for road maintenance use only, in those locations identified

8 on the map referred to in section 101(a) as an existing

9 ‘‘gravel pit’’ within the mineral withdrawal boundaries (ex10 cluding the Wilderness Area, wilderness study areas, and

11 designated segments of the National Wild and Scenic Riv12 ers System) where such development was authorized be13 fore the date of the enactment of this Act.

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

16 (a) ACQUISITION REQUIRED.—The Secretary shall

17 acquire, for approximately equal value and as agreed to

18 by the Secretary and the State of Oregon, lands and inter19 ests in lands owned by the State within the boundaries

20 of the mineral withdrawal area designated pursuant to

21 section 401.

22 (b) ACQUISITION METHODS.—The Secretary shall ac23 quire such State lands and interests in lands in exchange

24 for—
38

•HR 4828 EH

1 (1) Federal lands or Federal mineral interests

2 that are outside the boundaries of the mineral with3 drawal area;

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

5 (3) a combination of a conveyance under para6 graph (1) and a monetary payment under paragraph

7 (2).

8 TITLE V—ESTABLISHMENT OF

9 WILDLANDS JUNIPER MAN10 AGEMENT AREA

11 SEC. 501. WILDLANDS JUNIPER MANAGEMENT AREA.

12 (a) ESTABLISHMENT.—To further the purposes of

13 section 113(c), the Secretary shall establish a special man14 agement area consisting of certain Federal lands in the

15 Cooperative Management and Protection Area, as depicted

16 on the map referred to in section 101(a), which shall be

17 known as the Wildlands Juniper Management Area.

18 (b) MANAGEMENT.—Special management practices

19 shall be adopted for the Wildlands Juniper Management

20 Area for the purposes of experimentation, education, inter21 pretation, and demonstration of active and passive man22 agement intended to restore the historic fire regime and

23 native vegetation communities on Steens Mountain.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi25 tion to the authorization of appropriations in section 701,
39

•HR 4828 EH

1 there is authorized to be appropriated $5,000,000 to carry

2 out this title and section 113(c) regarding juniper man3 agement in the Cooperative Management and Protection

4 Area.

5 SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STA6 TUS.

7 The Federal lands included in the Wildlands Juniper

8 Management Area established under section 501 are no

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

10 Federal Land Policy and Management Act of 1976 (43

11 U.S.C. 1782(c)) pertaining to managing the lands so as

12 not to impair the suitability of the lands for preservation

13 as wilderness.

14 TITLE VI—LAND EXCHANGES

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

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

17 protecting and consolidating Federal lands within the Co18 operative Management and Protection Area, the Secretary

19 may carry out a land exchange with Roaring Springs

20 Ranch, Incorporated, to convey all right, title, and interest

21 of the United States in and to certain parcels of land

22 under the jurisdiction of the Bureau of Land Management

23 in the vicinity of Steens Mountain, Oregon, as depicted

24 on the map referred to in section 605(a), consisting of a
40

•HR 4828 EH

1 total of approximately 76,374 acres in exchange for the

2 private lands described in subsection (b).

3 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid4 eration for the conveyance of the Federal lands referred

5 to in subsection (a) and the disbursement referred to in

6 subsection (d), Roaring Springs Ranch, Incorporated,

7 shall convey to the Secretary parcels of land consisting of

8 approximately 10,909 acres, as depicted on the map re9 ferred to in section 605(a), for inclusion in the Wilderness

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

11 area as appropriate.

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

13 (3) of section 113(e), relating to the effect of the cancella14 tion in part of grazing permits for the South Steens allot15 ment in the Wilderness Area and reassignment of use

16 areas as described in paragraph (3)(C) of such section,

17 shall apply to the land exchange authorized by this section.

18 (d) DISBURSEMENT.—Upon completion of the land

19 exchange authorized by this section, the Secretary is au20 thorized to make a disbursement to Roaring Springs

21 Ranch, Incorporated, in the amount of $2,889,000.

22 (e) COMPLETION OF CONVEYANCE.—The Secretary

23 shall complete the conveyance of the Federal lands under

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

25 the lands described in subsection (b).
41

•HR 4828 EH

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

2 BROTHERS.

3 (a) C. M. OTLEY EXCHANGE.—

4 (1) EXCHANGE AUTHORIZED.—For the purpose

5 of protecting and consolidating Federal lands within

6 the Cooperative Management and Protection Area,

7 the Secretary may carry out a land exchange with

8 C. M. Otley to convey all right, title, and interest of

9 the United States in and to certain parcels of land

10 under the jurisdiction of the Bureau of Land Man11 agement in the vicinity of Steens Mountain, Oregon,

12 as depicted on the map referred to in section 605(a),

13 consisting of a total of approximately 3,845 acres in

14 exchange for the private lands described in para15 graph (2).

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

17 consideration for the conveyance of the Federal

18 lands referred to in paragraph (1) and the disburse19 ment referred to in paragraph (3), C. M. Otley shall

20 convey to the Secretary a parcel of land in the head21 waters of Kiger gorge consisting of approximately

22 851 acres, as depicted on the map referred to in sec23 tion 605(a), for inclusion in the Wilderness Area

24 and the no livestock grazing area as appropriate.

25 (3) DISBURSEMENT.—Upon completion of the

26 land exchange authorized by this subsection, the
42

•HR 4828 EH

1 Secretary is authorized to make a disbursement to

2 C.M. Otley, in the amount of $920,000.

3 (b) OTLEY BROTHERS EXCHANGE.—

4 (1) EXCHANGE AUTHORIZED.—For the purpose

5 of protecting and consolidating Federal lands within

6 the Cooperative Management and Protection Area,

7 the Secretary may carry out a land exchange with

8 the Otley Brother’s, Inc., to convey all right, title,

9 and interest of the United States in and to certain

10 parcels of land under the jurisdiction of the Bureau

11 of Land Management in the vicinity of Steens

12 Mountain, Oregon, as depicted on the map referred

13 to in section 605(a), consisting of a total of approxi14 mately 6,881 acres in exchange for the private lands

15 described in paragraph (2).

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

17 consideration for the conveyance of the Federal

18 lands referred to in paragraph (1) and the disburse19 ment referred to in subsection (3), the Otley Broth20 er’s, Inc., shall convey to the Secretary a parcel of

21 land in the headwaters of Kiger gorge consisting of

22 approximately 505 acres, as depicted on the map re23 ferred to in section 605(a), for inclusion in the Wil24 derness Area and the no livestock grazing area as

25 appropriate.
43

•HR 4828 EH

1 (3) DISBURSEMENT.—Upon completion of the

2 land exchange authorized by this subsection, the

3 Secretary is authorized to make a disbursement to

4 Otley Brother’s, Inc., in the amount of $400,000.

5 (c) COMPLETION OF CONVEYANCE.—The Secretary

6 shall complete the conveyances of the Federal lands under

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

8 accepts the lands described in such subsections.

9 SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVESTOCK, IN10 CORPORATED.

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

12 protecting and consolidating Federal lands within the Wil13 derness Area, the Secretary may carry out a land ex14 change with Tom J. Davis Livestock, Incorporated, to con15 vey all right, title, and interest of the United States in

16 and to certain parcels of land under the jurisdiction of

17 the Bureau of Land Management in the vicinity of Steens

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

19 section 605(a), consisting of a total of approximately

20 5,340 acres in exchange for the private lands described

21 in subsection (b).

22 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid23 eration for the conveyance of the Federal lands referred

24 to in subsection (a) and the disbursement referred to in

25 subsection (c), Tom J. Davis Livestock, Incorporated,
44

•HR 4828 EH

1 shall convey to the Secretary a parcel of land consisting

2 of approximately 5,103 acres, as depicted on the map re3 ferred to in section 605(a), for inclusion in the Wilderness

4 Area.

5 (c) DISBURSEMENT.—Upon completion of the land

6 exchange authorized by this section, the Secretary is au7 thorized to make a disbursement to Tom J. Davis Live8 stock, Incorporated, in the amount of $800,000.

9 (d) COMPLETION OF CONVEYANCE.—The Secretary

10 shall complete the conveyance of the Federal lands under

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

12 the lands described in subsection (b).

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

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

15 protecting and consolidating Federal lands within the Co16 operative Management and Protection Area, the Secretary

17 may carry out a land exchange with the Lowther

18 (Clemens) Ranch to convey all right, title, and interest of

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

20 the jurisdiction of the Bureau of Land Management in the

21 vicinity of Steens Mountain, Oregon, as depicted on the

22 map referred to in section 605(a), consisting of a total

23 of approximately 11,796 acres in exchange for the private

24 lands described in subsection (b).
45

•HR 4828 EH

1 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid2 eration for the conveyance of the Federal lands referred

3 to in subsection (a) and the disbursement referred to in

4 subsection (d), the Lowther (Clemens) Ranch shall convey

5 to the Secretary a parcel of land consisting of approxi6 mately 1,078 acres, as depicted on the map referred to

7 in section 605(a), for inclusion in the Cooperative Man8 agement and Protection Area.

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

10 (3) of section 113(e), relating to the effect of the cancella11 tion in whole of the grazing permit for the Fish Creek/

12 Big Indian allotment in the Wilderness Area and reassign13 ment of use areas as described in paragraph (3)(D) of

14 such section, shall apply to the land exchange authorized

15 by this section.

16 (d) DISBURSEMENT.—Upon completion of the land

17 exchange authorized by this section, the Secretary is au18 thorized to make a disbursement to Lowther (Clemens)

19 Ranch, in the amount of $148,000.

20 (e) COMPLETION OF CONVEYANCE.—The Secretary

21 shall complete the conveyance of the Federal lands under

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

23 the lands described in subsection (b).
46

•HR 4828 EH

1 SEC. 605. GENERAL PROVISIONS APPLICABLE TO LAND EX2 CHANGES.

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

4 title are generally depicted on the map entitled ‘‘Steens

5 Mountain Land Exchanges’’ and dated September 18,

6 2000.

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

8 in this section, the exchange of Federal land under this

9 title is subject to the existing laws and regulations applica10 ble to the conveyance and acquisition of land under the

11 jurisdiction of the Bureau of Land Management. It is an12 ticipated that the Secretary will be able to carry out such

13 land exchanges without the promulgation of additional

14 regulations and without regard to the notice and comment

15 provisions of section 553 of title 5, United States Code.

16 (c) CONDITIONS ON ACCEPTANCE.—Title to the non17 Federal lands to be conveyed under this title must be ac18 ceptable to the Secretary, and the conveyances shall be

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

20 lands shall conform with the title approval standards ap21 plicable to Federal land acquisitions.

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

23 legal description of all lands to be exchanged under this

24 title shall be determined by surveys satisfactory to the Sec25 retary. The costs of any such survey, as well as other ad-
47

•HR 4828 EH

1 ministrative costs incurred to execute a land exchange

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

3 TITLE VII—FUNDING

4 AUTHORITIES

5 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

6 Except as provided in sections 501(c) and 702, there

7 is hereby authorized to be appropriated such sums as may

8 be necessary to carry out this Act.

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

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

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

12 conservation fund established under section 2 of the Land

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

14 460l–5) to provide funds for the acquisition of land and

15 interests in land under section 114 and to enter into non16 development easements and conservation easements under

17 subsections (b) and (c) of section 122.

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

19 to the authorization of appropriations in subsection (a)

20 shall remain available until expended.

Passed the House of Representatives October 4,

2000.

Attest:

Clerk.

106TH CONGRESS

2D SESSION H. R. 4828

AN ACT

To designate the Steens Mountain Wilderness Area

and the Steens Mountain Cooperative Management and Protection Area in Harney County, Oregon, and for other purposes.