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.
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(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,
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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.
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(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-
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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
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(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
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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
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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
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(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.
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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
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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—
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(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
H. R. 4828—13

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 SW1⁄4SE1⁄4 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.
H. R. 4828—14

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

Creek from its confluence with an unnamed tributary in the

SE1⁄4SE1⁄4 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.).
H. R. 4828—15

(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).
H. R. 4828—16

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
H. R. 4828—17

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
H. R. 4828—18

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
H. R. 4828—19

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.
H. R. 4828—20

(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.