```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4828 Enrolled Bill (ENR)]

        H.R.4828

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 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.

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

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

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

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

   TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

                  Subtitle A--Designation and Purposes

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

                 Subtitle B--Management of Federal Lands

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

                   Subtitle C--Cooperative Management

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

                      Subtitle D--Advisory Council

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

                TITLE II--STEENS MOUNTAIN WILDERNESS AREA

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

           TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE

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

                    TITLE IV--MINERAL WITHDRAWAL AREA

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

       TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

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

                        TITLE VI--LAND EXCHANGES

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

                     TITLE VII--FUNDING AUTHORITIES

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

SEC. 2. DEFINITIONS.

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

SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

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

SEC. 4. VALID EXISTING RIGHTS.

    Nothing in this Act shall effect any valid existing right.

SEC. 5. PROTECTION OF TRIBAL RIGHTS.

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

  TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA
                  Subtitle A--Designation and Purposes

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

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

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

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

                Subtitle B--Management of Federal Lands

SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.

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

SEC. 112. ROADS AND TRAVEL ACCESS.

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

SEC. 113. LAND USE AUTHORITIES.

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

SEC. 114. LAND ACQUISITION AUTHORITY.

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

SEC. 115. SPECIAL USE PERMITS.

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

                   Subtitle C--Cooperative Management

SEC. 121. COOPERATIVE MANAGEMENT AGREEMENTS.

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

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

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

                      Subtitle D--Advisory Council

SEC. 131. ESTABLISHMENT OF ADVISORY COUNCIL.

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

SEC. 132. ADVISORY ROLE IN MANAGEMENT ACTIVITIES.

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

SEC. 133. SCIENCE COMMITTEE.

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

               TITLE II--STEENS MOUNTAIN WILDERNESS AREA

SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDERNESS AREA.

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

SEC. 202. ADMINISTRATION OF WILDERNESS AREA.

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

SEC. 203. WATER RIGHTS.

    Nothing in this Act shall constitute an express or implied claim or 
denial on the part of the Federal Government as to exemption from State 
water laws.

SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.

    (a) Status Unaffected.--Except as provided in section 502, any 
wilderness study area, or portion of a wilderness study area, within 
the boundaries of the Cooperative Management and Protection Area, but 
not included in the Wilderness Area, shall remain a wilderness study 
area notwithstanding the enactment of this Act.
    (b) Management.--The wilderness study areas referred to in 
subsection (a) shall continue to be managed under section 603(c) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) in a 
manner so as not to impair the suitability of the areas for 
preservation as wilderness.
    (c) Expansion of Basque Hills Wilderness Study Area.--The 
boundaries of the Basque Hills Wilderness Study Area are hereby 
expanded to include the Federal lands within sections 8, 16, 17, 21, 
22, and 27 of township 36 south, range 31 east, Willamette Meridian. 
These lands shall be managed under section 603(c) of the Federal Lands 
Policy and Management Act of 1976 (43 U.S.C. 1782(c)) to protect and 
enhance the wilderness values of these lands.

          TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE

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

    (a) Expansion of Donner und Blitzen Wild River.--Section 3(a)(74) 
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(74)) is amended--
        (1) by striking ``the'' at the beginning of each subparagraph 
    and inserting ``The'';
        (2) by striking the semicolon at the end of subparagraphs (A), 
    (B), (C), and (D) and inserting a period;
        (3) by striking ``; and'' at the end of subparagraph (E) and 
    inserting a period; and
        (4) by adding at the end the following new subparagraphs:
        ``(G) The 5.1 mile segment of Mud Creek from its confluence 
    with an unnamed spring in the SW\1/4\SE\1/4\ of section 32, 
    township 33 south, range 33 east, to its confluence with the Donner 
    und Blitzen River.
        ``(H) The 8.1 mile segment of Ankle Creek from its headwaters 
    to its confluence with the Donner und Blitzen River.
        ``(I) The 1.6 mile segment of the South Fork of Ankle Creek 
    from its confluence with an unnamed tributary in the SE\1/4\SE\1/4\ 
    of section 17, township 34 south, range 33 east, to its confluence 
    with Ankle Creek.''.
    (b) Designation of Wildhorse and Kiger Creeks, Oregon.--Section 
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended 
by adding at the end the following new paragraph:
    ``( ) Wildhorse and Kiger Creeks, Oregon.--The following segments 
in the Steens Mountain Cooperative Management and Protection Area in 
the State of Oregon, to be administered by the Secretary of the 
Interior as wild rivers:
        ``(A) The 2.6-mile segment of Little Wildhorse Creek from its 
    headwaters to its confluence with Wildhorse Creek.
        ``(B) The 7.0-mile segment of Wildhorse Creek from its 
    headwaters, and including .36 stream miles into section 34, 
    township 34 south, range 33 east.
        ``(C) The approximately 4.25-mile segment of Kiger Creek from 
    its headwaters to the point at which it leaves the Steens Mountain 
    Wilderness Area within the Steens Mountain Cooperative Management 
    and Protection Area.''.
    (c) Management.--Where management requirements for a stream segment 
described in the amendments made by this section differ between the 
Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) and the Wilderness 
Area, the more restrictive requirements shall apply.

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

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

                   TITLE IV--MINERAL WITHDRAWAL AREA

SEC. 401. DESIGNATION OF MINERAL WITHDRAWAL AREA.

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

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

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

      TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

SEC. 501. WILDLANDS JUNIPER MANAGEMENT AREA.

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

SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STATUS.

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

                        TITLE VI--LAND EXCHANGES

SEC. 601. LAND EXCHANGE, ROARING SPRINGS RANCH.

    (a) Exchange Authorized.--For the purpose of protecting and 
consolidating Federal lands within the Cooperative Management and 
Protection Area, the Secretary may carry out a land exchange with 
Roaring Springs Ranch, Incorporated, to convey all right, title, and 
interest of the United States in and to certain parcels of land under 
the jurisdiction of the Bureau of Land Management in the vicinity of 
Steens Mountain, Oregon, as depicted on the map referred to in section 
605(a), consisting of a total of approximately 76,374 acres in exchange 
for the private lands described in subsection (b).
    (b) Receipt of Non-Federal Lands.--As consideration for the 
conveyance of the Federal lands referred to in subsection (a) and the 
disbursement referred to in subsection (d), Roaring Springs Ranch, 
Incorporated, shall convey to the Secretary parcels of land consisting 
of approximately 10,909 acres, as depicted on the map referred to in 
section 605(a), for inclusion in the Wilderness Area, a wilderness 
study area, and the no livestock grazing area as appropriate.
    (c) Treatment of Grazing.--Paragraphs (2) and (3) of section 
113(e), relating to the effect of the cancellation in part of grazing 
permits for the South Steens allotment in the Wilderness Area and 
reassignment of use areas as described in paragraph (3)(C) of such 
section, shall apply to the land exchange authorized by this section.
    (d) Disbursement.--Upon completion of the land exchange authorized 
by this section, the Secretary is authorized to make a disbursement to 
Roaring Springs Ranch, Incorporated, in the amount of $2,889,000.
    (e) Completion of Conveyance.--The Secretary shall complete the 
conveyance of the Federal lands under subsection (a) within 70 days 
after the Secretary accepts the lands described in subsection (b).

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

    (a) C. M. Otley Exchange.--
        (1) Exchange authorized.--For the purpose of protecting and 
    consolidating Federal lands within the Cooperative Management and 
    Protection Area, the Secretary may carry out a land exchange with 
    C. M. Otley to convey all right, title, and interest of the United 
    States in and to certain parcels of land under the jurisdiction of 
    the Bureau of Land Management in the vicinity of Steens Mountain, 
    Oregon, as depicted on the map referred to in section 605(a), 
    consisting of a total of approximately 3,845 acres in exchange for 
    the private lands described in paragraph (2).
        (2) Receipt of non-federal lands.--As consideration for the 
    conveyance of the Federal lands referred to in paragraph (1) and 
    the disbursement referred to in paragraph (3), C. M. Otley shall 
    convey to the Secretary a parcel of land in the headwaters of Kiger 
    gorge consisting of approximately 851 acres, as depicted on the map 
    referred to in section 605(a), for inclusion in the Wilderness Area 
    and the no livestock grazing area as appropriate.
        (3) Disbursement.--Upon completion of the land exchange 
    authorized by this subsection, the Secretary is authorized to make 
    a disbursement to C.M. Otley, in the amount of $920,000.
    (b) Otley Brothers Exchange.--
        (1) Exchange authorized.--For the purpose of protecting and 
    consolidating Federal lands within the Cooperative Management and 
    Protection Area, the Secretary may carry out a land exchange with 
    the Otley Brother's, Inc., to convey all right, title, and interest 
    of the United States in and to certain parcels of land under the 
    jurisdiction of the Bureau of Land Management in the vicinity of 
    Steens Mountain, Oregon, as depicted on the map referred to in 
    section 605(a), consisting of a total of approximately 6,881 acres 
    in exchange for the private lands described in paragraph (2).
        (2) Receipt of non-federal lands.--As consideration for the 
    conveyance of the Federal lands referred to in paragraph (1) and 
    the disbursement referred to in subsection (3), the Otley 
    Brother's, Inc., shall convey to the Secretary a parcel of land in 
    the headwaters of Kiger gorge consisting of approximately 505 
    acres, as depicted on the map referred to in section 605(a), for 
    inclusion in the Wilderness Area and the no livestock grazing area 
    as appropriate.
        (3) Disbursement.--Upon completion of the land exchange 
    authorized by this subsection, the Secretary is authorized to make 
    a disbursement to Otley Brother's, Inc., in the amount of $400,000.
    (c) Completion of Conveyance.--The Secretary shall complete the 
conveyances of the Federal lands under subsections (a) and (b) within 
70 days after the Secretary accepts the lands described in such 
subsections.

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

    (a) Exchange Authorized.--For the purpose of protecting and 
consolidating Federal lands within the Wilderness Area, the Secretary 
may carry out a land exchange with Tom J. Davis Livestock, 
Incorporated, to convey all right, title, and interest of the United 
States in and to certain parcels of land under the jurisdiction of the 
Bureau of Land Management in the vicinity of Steens Mountain, Oregon, 
as depicted on the map referred to in section 605(a), consisting of a 
total of approximately 5,340 acres in exchange for the private lands 
described in subsection (b).
    (b) Receipt of Non-Federal Lands.--As consideration for the 
conveyance of the Federal lands referred to in subsection (a) and the 
disbursement referred to in subsection (c), Tom J. Davis Livestock, 
Incorporated, shall convey to the Secretary a parcel of land consisting 
of approximately 5,103 acres, as depicted on the map referred to in 
section 605(a), for inclusion in the Wilderness Area.
    (c) Disbursement.--Upon completion of the land exchange authorized 
by this section, the Secretary is authorized to make a disbursement to 
Tom J. Davis Livestock, Incorporated, in the amount of $800,000.
    (d) Completion of Conveyance.--The Secretary shall complete the 
conveyance of the Federal lands under subsection (a) within 70 days 
after the Secretary accepts the lands described in subsection (b).

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

    (a) Exchange Authorized.--For the purpose of protecting and 
consolidating Federal lands within the Cooperative Management and 
Protection Area, the Secretary may carry out a land exchange with the 
Lowther (Clemens) Ranch to convey all right, title, and interest of the 
United States in and to certain parcels of land under the jurisdiction 
of the Bureau of Land Management in the vicinity of Steens Mountain, 
Oregon, as depicted on the map referred to in section 605(a), 
consisting of a total of approximately 11,796 acres in exchange for the 
private lands described in subsection (b).
    (b) Receipt of Non-Federal Lands.--As consideration for the 
conveyance of the Federal lands referred to in subsection (a) and the 
disbursement referred to in subsection (d), the Lowther (Clemens) Ranch 
shall convey to the Secretary a parcel of land consisting of 
approximately 1,078 acres, as depicted on the map referred to in 
section 605(a), for inclusion in the Cooperative Management and 
Protection Area.
    (c) Treatment of Grazing.--Paragraphs (2) and (3) of section 
113(e), relating to the effect of the cancellation in whole of the 
grazing permit for the Fish Creek/Big Indian allotment in the 
Wilderness Area and reassignment of use areas as described in paragraph 
(3)(D) of such section, shall apply to the land exchange authorized by 
this section.
    (d) Disbursement.--Upon completion of the land exchange authorized 
by this section, the Secretary is authorized to make a disbursement to 
Lowther (Clemens) Ranch, in the amount of $148,000.
    (e) Completion of Conveyance.--The Secretary shall complete the 
conveyance of the Federal lands under subsection (a) within 70 days 
after the Secretary accepts the lands described in subsection (b).

SEC. 605. GENERAL PROVISIONS APPLICABLE TO LAND EXCHANGES.

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

                     TITLE VII--FUNDING AUTHORITIES

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    Except as provided in sections 501(c) and 702, there is hereby 
authorized to be appropriated such sums as may be necessary to carry 
out this Act.

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

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```