II

106TH CONGRESS

2D SESSION S. 3052

To designate wilderness areas and a cooperative management and protection

area in the vicinity of Steens Mountain in Harney County, Oregon,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14, 2000

Mr. SMITH of Oregon (for himself and Mr. WYDEN) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To designate wilderness areas and a cooperative management

and protection area in the vicinity of Steens Mountain

in Harney County, Oregon, and for other purposes.

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

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

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

6 ‘‘Steens Mountain Wilderness Act of 2000’’.

7 (b) PURPOSES.—The purposes of this Act are the fol8 lowing:
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1 (1) To maintain the cultural, economic, ecologi2 cal, and social health of the Steens Mountain area

3 in Harney County, Oregon.

4 (2) To designate the Steens Mountain Wilder5 ness Area.

6 (3) To designate the Steens Mountain Coopera7 tive Management and Protection Area.

8 (4) To provide for the acquisition of private

9 lands through exchange for inclusion in the Wilder10 ness Area and the Cooperative Management and

11 Protection Area.

12 (5) To provide for and expand cooperative man13 agement activities between public and private land14 owners in the vicinity of the Wilderness Area and

15 surrounding lands.

16 (6) To authorize the purchase of land and de17 velopment and nondevelopment rights.

18 (7) To designate additional components of the

19 National Wild and Scenic Rivers System.

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

21 a wildlands juniper management area.

22 (9) To establish a citizens’ management advi23 sory council for the Cooperative Management and

24 Protection Area.
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1 (10) To maintain and enhance cooperative and

2 innovative management practices between the public

3 and private land managers in the Cooperative Man4 agement and Protection Area.

5 (11) To promote viable and sustainable grazing

6 and recreation operations on private and public

7 lands.

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

9 healthy watersheds and the long-term ecological in10 tegrity of Steens Mountain.

11 (13) To authorize only such uses on Federal

12 lands in the Cooperative Management and Protec13 tion Area that are consistent with the purposes of

14 this Act.

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

16 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.
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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.

1 SEC. 2. DEFINITIONS.

2 In this Act:
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1 (1) ADVISORY COUNCIL.—The term ‘‘advisory

2 council’’ means the Steens Mountain Advisory Coun3 cil established by title IV.

4 (2) COOPERATIVE MANAGEMENT AGREE5 MENT.—An agreement to plan or implement (or

6 both) cooperative recreation, ecological, grazing,

7 fishery, vegetation, prescribed fire, cultural site pro8 tection, wildfire or other measures to beneficially

9 meet public use needs and the public land and pri10 vate land objectives of this Act.

11 (3) COOPERATIVE MANAGEMENT AND PROTEC12 TION AREA.—The term ‘‘Cooperative Management

13 and Protection Area’’ means the Steens Mountain

14 Cooperative Management and Protection Area des15 ignated by title I.

16 (4) EASEMENTS.—

17 (A) CONSERVATION EASEMENT.—The

18 term ‘‘conservation easement’’ means a binding

19 contractual agreement between the Secretary

20 and a landowner in the Cooperative Manage21 ment and Protection Area under which the

22 landowner, permanently or during a time period

23 specified in the agreement, agrees to conserve

24 or restore habitat, open space, scenic, or other
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1 ecological resource values on the land covered

2 by the easement.

3 (B) NONDEVELOPMENT EASEMENT.—The

4 term ‘‘nondevelopment easement’’ means a

5 binding contractual agreement between the Sec6 retary and a landowner in the Cooperative Man7 agement and Protection Area that will, perma8 nently or during a time period specified in the

9 agreement—

10 (i) prevent or restrict development on

11 the land covered by the easement; or

12 (ii) protect open space or viewshed.

13 (5) ECOLOGICAL INTEGRITY.—The term ‘‘eco14 logical integrity’’ means a landscape where ecological

15 processes are functioning to maintain the structure,

16 composition, activity, and resilience of the landscape

17 over time, including—

18 (A) a complex of plant communities, habi19 tats and conditions representative of variable

20 and sustainable successional conditions; and

21 (B) the maintenance of biological diversity,

22 soil fertility, and genetic interchange.

23 (6) MANAGEMENT PLAN.—The term ‘‘manage24 ment plan’’ means the management plan for the Co25 operative Management and Protection Area and the
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1 Wilderness Area required to be prepared by section

2 111(b).

3 (7) REDBAND TROUT RESERVE.—The term

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

5 Blitzen Redband Trout Reserve designated by sec6 tion 302.

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

8 the Secretary of the Interior, acting through the Bu9 reau of Land Management.

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

11 committee’’ means the committee of independent sci12 entists appointed under section 133.

13 (10) WILDERNESS AREA.—The term ‘‘Wilder14 ness Area’’ means the Steens Mountain Wilderness

15 Area designated by title II.

16 SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

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

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

19 the Secretary shall prepare and submit to Congress maps

20 and legal descriptions of the following:

21 (1) The Cooperative Management and Protec22 tion Area.

23 (2) The Wilderness Area.

24 (3) The wild and scenic river segments and

25 redband trout reserve designated by title III.
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1 (4) The mineral withdrawal area designated by

2 title IV.

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

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

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

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

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

9 except the Secretary may correct clerical and typo10 graphical errors in such maps and legal descriptions.

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

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

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

14 Director of the Bureau of Land Management and in the

15 appropriate office of the Bureau of Land Management in

16 the State of Oregon.

17 SEC. 4. VALID EXISTING RIGHTS.

18 Nothing in this Act shall effect any valid existing

19 right.

20 SEC. 5. PROTECTION OF TRIBAL RIGHTS.

21 Nothing in this Act shall be construed to diminish

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

23 be construed to diminish tribal rights, including those of

24 the Burns Paiute Tribe, regarding access to Federal lands
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1 for tribal activities, including spiritual, cultural, and tradi2 tional food gathering activities.

3 TITLE I—STEENS MOUNTAIN CO4 OPERATIVE MANAGEMENT

5 AND PROTECTION AREA

6 Subtitle A—Designation and

7 Purposes

8 SEC. 101. DESIGNATION OF STEENS MOUNTAIN COOPERA9 TIVE MANAGEMENT AND PROTECTION AREA.

10 The Secretary shall designate the Steens Mountain

11 Cooperative Management and Protection Area consisting

12 of approximately 500,000 acres of Federal land located

13 in Harney County, Oregon, in the vicinity of Steens Moun14 tain, as generally depicted on the map entitled Steens

15 Mountain Cooperative Management and Protection Area

16 and dated July 21, 2000.

17 SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE

18 MANAGEMENT AND PROTECTION AREA.

19 (a) PURPOSE.—The purpose of the Cooperative Man20 agement and Protection Area is to conserve, protect, and

21 manage the long-term ecological integrity of Steens Moun22 tain for future and present generations.

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

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

25 Secretary shall manage the Cooperative Management and
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1 Protection Area for the benefit of present and future

2 generations—

3 (1) to maintain and enhance cooperative and in4 novative management projects, programs and agree5 ments between tribal, public, and private interests in

6 the Cooperative Management and Protection Area;

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

8 other uses that are sustainable;

9 (3) to conserve, protect and to ensure tradi10 tional access to cultural, gathering, religious, and ar11 chaeological sites by the Burns Paiute Tribe on Fed12 eral lands and to promote cooperation with private

13 landowners;

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

15 improved management of the ecological, social, and

16 economic environment of the Cooperative Manage17 ment and Protection Area, including geological, bio18 logical, wildlife, riparian, and scenic resources; and

19 (5) to promote and foster cooperation, commu20 nication, and understanding and to reduce conflict

21 between Steens Mountain users and interests.
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1 Subtitle B—Management of Federal

2 Lands

3 SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.

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

5 Federal lands included in the Cooperative Management

6 and Protection Area pursuant to the Federal Land Policy

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

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

9 in a manner that—

10 (1) ensures the conservation, protection, and

11 improved management of the ecological, social and

12 economic environment of the Cooperative Manage13 ment and Protection Area, including geological, bio14 logical, wildlife, riparian, and scenic resources,

15 North American Indian tribal and cultural and ar16 chaeological resource sites, and additional cultural

17 and historic sites; and

18 (2) recognizes and allows current and historic

19 recreational use.

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

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

22 develop a comprehensive plan for the long-range protection

23 and management of the Federal lands included in the Co24 operative Management and Protection Area, including the

25 Wilderness Area. The plan shall—
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1 (1) describe the appropriate uses and manage2 ment of the Cooperative Management and Protection

3 Area consistent with this Act;

4 (2) incorporate, as appropriate, decisions con5 tained in any current or future management or ac6 tivity plan for the Cooperative Management and

7 Protection Area and use information developed in

8 previous studies of the lands within or adjacent to

9 the Cooperative Management and Protection Area;

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

11 and private local landowners; and

12 (4) determine measurable and achievable man13 agement objectives, consistent with the management

14 objectives in section 102, to ensure the ecological in15 tegrity of the area.

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

17 monitoring program for Federal lands in the Cooperative

18 Management and Protection Area so that progress to19 wards ecological integrity objectives can be determined.

20 SEC. 112. ROADS AND TRAVEL ACCESS.

21 (a) TRANSPORTATION PLAN.—The management plan

22 shall include, as an integral part, a comprehensive trans23 portation plan for the Federal lands included in the Coop24 erative Management and Protection Area, which shall ad-
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1 dress the maintenance, improvement, and closure of roads

2 and trails as well as travel access.

3 (b) PROHIBITION ON OFF-ROAD MOTORIZED TRAV4 EL.—

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

6 mechanized vehicles on Federal lands included in the

7 Cooperative Management and Protection Area—

8 (A) is prohibited off road; and

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

10 may be designated for their use as part of the

11 management plan.

12 (2) EXCEPTIONS.—Paragraph (1) does not pro13 hibit the use of motorized or mechanized vehicles on

14 Federal lands included in the Cooperative Manage15 ment and Protection Area if the Secretary deter16 mines that such use—

17 (A) is needed for administrative purposes

18 or to respond to an emergency; or

19 (B) is appropriate for the construction or

20 maintenance of agricultural facilities, fish and

21 wildlife management, or ecological restoration

22 projects, except in areas designated as wilder23 ness or managed under the provisions of section

24 603(c) of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1782).
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1 (c) ROAD CLOSURES.—Any determination to perma2 nently close an existing road in the Cooperative Manage3 ment and Protection Area or to restrict the access of mo4 torized or mechanized vehicles on certain roads shall be

5 made in consultation with the advisory council and the

6 public.

7 (d) PROHIBITION ON NEW CONSTRUCTION.—

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

9 or trail for motorized or mechanized vehicles may be

10 constructed on Federal lands in the Cooperative

11 Management and Protection Area unless the Sec12 retary determines that the road or trail is necessary

13 for public safety or protection of the environment.

14 Any determination under this subsection shall be

15 made in consultation with the advisory council and

16 the public.

17 (2) TRAILS.—Nothing in this subsection is in18 tended to limit the authority of the Secretary to con19 struct or maintain trails for nonmotorized or non20 mechanized use.

21 (e) ACCESS TO NONFEDERALLY OWNED LANDS.—

22 (1) REASONABLE ACCESS.—The Secretary shall

23 provide reasonable access to nonfederally owned

24 lands or interests in land within the boundaries of

25 the Cooperative Management and Protection Area
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1 and the Wilderness Area to provide the owner of the

2 land or interest the reasonable use thereof.

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

4 Nothing in this Act shall have the effect of termi5 nating any valid existing right-of-way on Federal

6 lands included in the Cooperative Management and

7 Protection Area.

8 SEC. 113. LAND USE AUTHORITIES.

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

10 such uses of the Federal lands included in the Cooperative

11 Management and Protection Area as the Secretary finds

12 will further the purposes for which the Cooperative Man13 agement and Protection Area is established.

14 (b) COMMERCIAL TIMBER.—

15 (1) PROHIBITION.—The Federal lands included

16 in the Cooperative Management and Protection Area

17 shall not be made available for commercial timber

18 harvest.

19 (2) LIMITED EXCEPTION.—The Secretary may

20 authorize the removal of trees from Federal lands in

21 the Cooperative Management and Protection Area

22 only if the Secretary determines that the removal is

23 clearly needed for purposes of ecological restoration

24 and maintenance or for public safety. Except in the

25 Wilderness Area and the wilderness study areas re-
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1 ferred to in section 204(a), the Secretary may au2 thorize the sale of products resulting from the au3 thorized removal of trees under this paragraph.

4 (c) JUNIPER MANAGEMENT.—The Secretary shall

5 emphasize the restoration of the historic fire regime in the

6 Cooperative Management and Protection Area and the re7 sulting native vegetation communities through active man8 agement of Western Juniper on a landscape level. Man9 agement measures shall include the use of natural and

10 prescribed burning.

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

12 (1) AUTHORIZATION.—The Secretary shall per13 mit hunting, fishing, and trapping on Federal lands

14 included in the Cooperative Management and Pro15 tection Area in accordance with applicable laws and

16 regulations of the United States and the State of

17 Oregon.

18 (2) AREA AND TIME LIMITATIONS.—After con19 sultation with the Oregon Department of Fish and

20 Wildlife, the Secretary may designate zones where,

21 and establish periods when, hunting, trapping or

22 fishing is prohibited on Federal lands included in the

23 Cooperative Management and Protection Area for

24 reasons of public safety, administration, or public

25 use and enjoyment.
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1 (e) GRAZING.—

2 (1) CONTINUATION OF EXISTING LAW.—Except

3 as otherwise provided in this Act, the laws, regula4 tions, and executive orders otherwise applicable to

5 the Bureau of Land Management in issuing and ad6 ministering grazing leases and permits on lands

7 under its jurisdiction shall apply in regard to the

8 Federal lands included in the Cooperative Manage9 ment and Protection Area.

10 (2) CANCELLATION OF CERTAIN PERMITS.—

11 The Secretary shall cancel that portion of the per12 mitted grazing on Federal lands in the Lowther and

13 Roaring Springs allotments located within the area

14 designated on the map entitled ‘‘No Grazing Area’’,

15 dated July 21, 2000. Upon cancellation, future graz16 ing use in that designated area is prohibited. The

17 Secretary shall be responsible for installing and

18 maintaining any fencing required for resource pro19 tection within the No Grazing Area.

20 (3) FORAGE REPLACEMENT.—Replacement of

21 lost livestock forage resulting from the selection of

22 Federal lands within the Fields Basin Allotment

23 shall include the following pasture assignments with24 in the Miners Field Allotment:

25 (A) O’Keefe pasture to Stafford Ranches.
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1 (B) Fields Seeding and Bone Creek Pas2 ture east of county road to Amy Ready.

3 (C) Miners Field Pasture, Schouver Seed4 ing and Bone Creek Pasture west of county

5 road to Roaring Springs Ranch.

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

8 systems as necessary to allow reasonable and effi9 cient livestock use of the forage resources referred to

10 in paragraph (3).

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

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

15 structure—

16 (1) will be minimal in nature;

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

18 and

19 (3) is necessary—

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

21 or watershed conditions;

22 (B) for public information, health, or safe23 ty;

24 (C) for the management of livestock; or
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1 (D) for the management of recreation, but

2 not for the promotion of recreation.

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

4 the Federal lands and interests in lands included in the

5 Cooperative Management and Protection Areas are hereby

6 withdrawn from all forms of entry, appropriation, or dis7 posal under the public land laws, except in the case of

8 land exchanges if the Secretary determines that the ex9 change furthers the purpose and objectives specified in

10 section 102 and so certifies to Congress.

11 SEC. 114. LAND ACQUISITION AUTHORITY.

12 (a) ACQUISITION.—

13 (1) ACQUISITION AUTHORIZED.—In addition to

14 the land acquisitions authorized by title VI, the Sec15 retary may acquire other non-Federal lands and in16 terests in lands located within the boundaries of the

17 Cooperative Management and Protection Area or the

18 Wilderness Area.

19 (2) ACQUISITION METHODS.—Lands may be ac20 quired under this subsection only by voluntary ex21 change, donation, or purchase from willing sellers.

22 (b) TREATMENT OF ACQUIRED LANDS.—

23 (1) IN GENERAL.—Upon acquisition under sub24 section (a) or title VI, lands or interests in lands ac-
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1 quired within the boundaries of the Cooperative

2 Management and Protection Area shall—

3 (A) become part of the Cooperative Man4 agement and Protection Area; and

5 (B) be managed pursuant to the laws ap6 plicable to the Cooperative Management and

7 Protection Area.

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

9 acquired lands or interests in lands are also within

10 the boundaries of the Wilderness Area, the lands or

11 interests in lands shall—

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

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

14 other laws applicable to the Wilderness Area.

15 (3) LANDS WITHIN WILDERNESS STUDY

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

17 are also within the boundaries of a wilderness study

18 area, the lands or interests in lands shall—

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

20 and

21 (2) be managed pursuant to the laws applicable

22 to that wilderness study area.

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

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

2 from the designation of the Cooperative Management and

3 Protection Area or the Wilderness Area.

4 SEC. 115. SPECIAL USE PERMITS.

5 The Secretary may renew a special recreational use

6 permit applicable to lands included in the Wilderness Area

7 to the extent that the Secretary determines that the per8 mit is consistent with the Wilderness Act (16 U.S.C. 1131

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

10 Act, the Secretary shall seek other opportunities for the

11 permit holder through modification of the permit to realize

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

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

14 the Secretary.

15 Subtitle C—Cooperative

16 Management

17 SEC. 121. COOPERATIVE MANAGEMENT AGREEMENTS.

18 (a) COOPERATIVE EFFORTS.—To further the pur19 poses and objectives for which the Cooperative Manage20 ment and Protection Area is designated, the Secretary

21 may work with non-Federal landowners and other parties

22 who voluntarily agree to participate in the cooperative

23 management of Federal and non-Federal lands in the Co24 operative Management and Protection Area.
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1 (b) AGREEMENTS AUTHORIZED.—The Secretary may

2 enter into a cooperative management agreement with any

3 party to provide for the cooperative conservation and man4 agement of the Federal and non-Federal lands subject to

5 the agreement.

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

7 landowners involved, the Secretary may permit permittees,

8 special-use permit holders, other Federal and State agen9 cies, and interested members of the public to participate

10 in a cooperative management agreement as appropriate to

11 achieve the resource or land use management objectives

12 of the agreement.

13 (d) TRIBAL CULTURAL SITE PROTECTION.—The

14 Secretary may enter into agreements with the Burns Pai15 ute Tribe to protect cultural sites in the Cooperative Man16 agement and Protection Area of importance to the tribe.

17 SEC. 122. COOPERATIVE EFFORTS TO CONTROL DEVELOP18 MENT AND ENCOURAGE CONSERVATION.

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

20 lands within the boundaries of the Cooperative Manage21 ment and Protection Area which is different from the cur22 rent character and uses of the lands is inconsistent with

23 the purposes of this Act.

24 (b) USE OF NONDEVELOPMENT AND CONSERVATION

25 EASEMENTS.—The Secretary may enter into a non-
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1 development easement or conservation easement with will2 ing landowners to further the purposes of this Act.

3 (c) CONSERVATION INCENTIVE PAYMENTS.—The

4 Secretary may provide technical assistance, cost-share

5 payments, incentive payments, and education to a private

6 landowner in the Cooperative Management and Protection

7 Area who enters into a contract with the Secretary to pro8 tect or enhance ecological resources on the private land

9 covered by the contract if those protections or enhance10 ments also benefit public lands.

11 (d) RELATION TO PROPERTY RIGHTS AND STATE

12 AND LOCAL LAW.—Nothing in this Act is intended to af13 fect rights or interests in real property or supersede State

14 law.

15 Subtitle D—Advisory Council

16 SEC. 131. ESTABLISHMENT OF ADVISORY COUNCIL.

17 (a) ESTABLISHMENT.—The Secretary shall establish

18 the Steens Mountain Advisory Council to advise the Sec19 retary in managing the Wilderness Area and the Coopera20 tive Management and Protection Area and in promoting

21 the cooperative management under subtitle C.

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

23 12 voting members, to be appointed by the Secretary, as

24 follows:
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1 (1) A private landowner in the Cooperative

2 Management and Protection Area, appointed from

3 nominees submitted by the county court for Harney

4 County, Oregon.

5 (2) Two persons who are grazing permittees on

6 Federal lands in the Cooperative Management and

7 Protection Area, appointed from nominees submitted

8 by the county court for Harney County, Oregon.

9 (3) A person interested in fish and recreational

10 fishing in the Cooperative Management and Protec11 tion Area, appointed from nominees submitted by

12 the Governor of Oregon.

13 (4) A member of the Burns Paiute Tribe, ap14 pointed from nominees submitted by the Burns Pai15 ute Tribe.

16 (5) Two persons who are recognized environ17 mental representatives, one of whom shall represent

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

19 local area, appointed from nominees submitted by

20 the Governor of Oregon.

21 (6) A person who participates in what is com22 monly called dispersed recreation, such as hiking,

23 camping, nature viewing, nature photography, bird

24 watching, horse back riding, or trail walking, ap-
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1 pointed from nominees submitted by the Oregon

2 State Director of the Bureau of Land Management.

3 (7) A person who is a recreational permit hold4 er or is a representative of a commercial recreation

5 operation in the Cooperative Management and Pro6 tection Area, appointed from nominees submitted

7 jointly by the Oregon State Director of the Bureau

8 of Land Management and the county court for Har9 ney County, Oregon.

10 (8) A person who participates in what is com11 monly called mechanized or consumptive recreation,

12 such as hunting, fishing, off-road driving, hang glid13 ing, or parasailing, appointed from nominees sub14 mitted by the Oregon State Director of the Bureau

15 of Land Management.

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

17 horse management on Steens Mountain, appointed

18 from nominees submitted by the Oregon State Di19 rector of the Bureau of Land Management.

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

21 the Cooperative Management and Protection Area to

22 represent statewide interests, appointed from nomi23 nees submitted by the Governor of Oregon.

24 (c) CONSULTATION.—In reviewing nominees sub25 mitted under subsection (b) for possible appointment to
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1 the advisory council, the Secretary shall consult with the

2 respective community of interest that the nominees are to

3 represent to ensure that the nominees have the support

4 of their community of interest.

5 (d) TERMS.—

6 (1) STAGGERED TERMS.—Members of the advi7 sory council shall be appointed for terms of three

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

9 four members shall be appointed for a term of one

10 year and four members shall be appointed for a term

11 of two years.

12 (2) REAPPOINTMENT.—A member may be re13 appointed to serve on the advisory council.

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

15 council shall be filled in the same manner as the

16 original appointment.

17 (d) CHAIRPERSON AND PROCEDURES.—The advisory

18 council shall elect a chairperson and establish such rules

19 and procedures as it deems necessary or desirable.

20 (e) SERVICE WITHOUT COMPENSATION.—Members

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

22 Secretary shall reimburse members for reasonable ex23 penses incurred in carrying out official duties as a member

24 of the council.
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1 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall

2 provide the advisory council with necessary administrative

3 support and shall designate an appropriate officer of the

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

5 liaison to the council.

6 (g) STATE LIAISON.—The Governor of Oregon may

7 appoint a nonvoting member to the advisory council who

8 shall serve as the Governor’s liaison on the advisory coun9 cil.

10 (h) APPLICABLE LAW.—The advisory committee

11 shall be subject to the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1701 et seq.) and the Fed13 eral Advisory Committee Act (5 U.S.C. App.).

14 SEC. 132. ADVISORY ROLE IN MANAGEMENT ACTIVITIES.

15 (a) MANAGEMENT RECOMMENDATIONS.—The advi16 sory committee shall utilize sound science, existing plans

17 for the management of Federal lands included in the Co18 operative Management and Protection Area, and other

19 tools to formulate recommendations for the Secretary

20 regarding—

21 (1) new and unique approaches to the manage22 ment of lands within the boundaries of the Coopera23 tive Management and Protection Area; and

24 (2) cooperative programs and incentives for

25 seamless landscape management that meets human
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1 needs and maintains and improves the ecological and

2 economic integrity of the Cooperative Management

3 and Protection Area.

4 (b) PREPARATION OF MANAGEMENT PLAN.—The

5 Secretary shall consult with the advisory committee as

6 part of the preparation and implementation of the man7 agement plan.

8 (c) SUBMISSION OF RECOMMENDATIONS.—No rec9 ommendations may be presented to the Secretary by the

10 advisory council without the agreement of at least nine

11 members of the advisory council.

12 SEC. 133. SCIENCE COMMITTEE.

13 The Secretary shall appoint, as needed or at the re14 quest of the advisory council, a team of respected, knowl15 edgeable, and diverse scientists to provide advice on ques16 tions relating to the management of the Cooperative Man17 agement and Protection Area to the Secretary and the ad18 visory council. The Secretary shall seek the advice of the

19 advisory council in making these appointments.

20 TITLE II—STEENS MOUNTAIN

21 WILDERNESS AREA

22 SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDER23 NESS AREA.

24 The Secretary shall designate Federal lands in the

25 Cooperative Management and Protection Area comprising
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1 a total of approximately 172,000 acres, as depicted on the

2 map entitled ‘‘ll’’, dated ll, 2000, as wilderness and

3 therefore as a component of the National Wilderness Pres4 ervation System. The wilderness area shall be known as

5 the Steens Mountain Wilderness Area.

6 SEC. 202. ADMINISTRATION OF WILDERNESS AREA.

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

8 the Wilderness Area in accordance with this Act and the

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

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

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

12 to the date of the enactment of this Act.

13 (b) ACCESS TO NON-FEDERAL LANDS.—The Sec14 retary shall provide reasonable access to private lands

15 within the boundaries of the Wilderness Area, as provided

16 in section 112(d).

17 (c) GRAZING.—

18 (1) ADMINISTRATION.—Except as provided in

19 section 113(e)(2), grazing of livestock shall be ad20 ministered in accordance with the provision of sec21 tion 4(d)(4) of the Wilderness Act (16 U.S.C.

22 1133(d)(4)), in accordance with the provisions of

23 this Act, and in accordance with the guidelines set

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

25 405 of the 101st Congress.
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1 (2) RETIREMENT OF CERTAIN PERMITS.—The

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

4 Area, totaling approximately 104,965 acres, as de5 picted on the map referred to in section 101, and

6 livestock shall be excluded from these lands.

7 SEC. 203. WATER RIGHTS.

8 (a) RESERVATION.—Congress hereby reserves a

9 quantity of water sufficient to fulfill the purposes for

10 which the Wilderness Area are designated. The priority

11 date of such reserved rights shall be the date of the enact12 ment of this Act.

13 (b) PROTECTION.—The Secretary shall take such

14 steps as may be necessary to protect the rights reserved

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

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

17 or future appropriate stream adjudication in the courts

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

19 may be joined and which is conducted in accordance with

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

21 commonly referred the McCarran Amendment).

22 (c) RELATION TO OTHER RESERVATIONS.—Nothing

23 in this Act shall be construed as a relinquishment or re24 duction of any water rights reserved or appropriated by
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1 the United States in the State of Oregon on or before the

2 date of enactment of this Act.

3 SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.

4 (a) STATUS UNAFFECTED.—Any wilderness study

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

6 boundaries of the Cooperative Management and Protec7 tion Area but not included in the Wilderness Area shall

8 remain a wilderness study area notwithstanding the enact9 ment of this Act.

10 (b) MANAGEMENT.—

11 (1) APPLICABLE LAWS.—The wilderness study

12 areas referred to in subsection (a) shall continue to

13 be managed under section 603(c) of the Federal

14 Land Policy and Management Act of 1976 (43

15 U.S.C. 1782(c)) in a manner so as not to impair the

16 suitability of the areas for preservation as wilder17 ness.

18 (2) CERTAIN ACTIVITIES PERMITTED.—Where

19 water developments, juniper management, and fenc20 ing are necessary to protect or enhance wilderness

21 values in a wilderness study area referred to in sub22 section (a), they may be permitted consistent with

23 section 603(c) of the Federal Land Policy and Man24 agement Act of 1976 (43 U.S.C. 1782(c)).
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1 (3) JUNIPER SPECIES.—The Secretary may not

2 permit management of juniper species in the wilder3 ness study areas referred to in subsection (a) with

4 mechanized tools unless the Secretary first considers

5 nonmechanized treatments and the recommendations

6 of the science committee and the advisory council.

7 TITLE III—WILD AND SCENIC

8 RIVERS AND TROUT RESERVE

9 SEC. 301. DESIGNATION OF STREAMS FOR WILD AND SCE10 NIC RIVER STATUS IN STEENS MOUNTAIN

11 AREA.

12 (a) EXPANSION OF DONNER UND BLITZEN WILD

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

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

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

16 subparagraph and inserting ‘‘The’’;

17 (2) by striking the semicolon at the end of sub18 paragraphs (A), (B), (C), and (D) and inserting a

19 period;

20 (3) by striking ‘‘; and’’ at the end of subpara21 graph (E) and inserting a period; and

22 (4) by adding at the end the following new sub23 paragraphs:

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

25 its confluence with an unnamed spring in the
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SW1⁄4SE1 1 ⁄4 of section 32, township 33 south, range

2 33 east, to its confluence with the Donner und

3 Blitzen River.

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

5 from its headwaters to its confluence with the

6 Donner und Blitzen River.

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

8 of Ankle Creek from its confluence with an unnamed

tributary in the SE1⁄4SE1 9 ⁄4 of section 17, township

10 34 south, range 33 east, to its confluence with Ankle

11 Creek.’’.

12 (b) DESIGNATION OF WILDHORSE CREEK, OR13 EGON.—Section 3(a) of the Wild and Scenic Rivers Act

14 (16 U.S.C. 1274(a)) is amended by adding at the end the

15 following new paragraph:

16 ‘‘(161) WILDHORSE CREEK, OREGON.—The fol17 lowing segments in the Steens Mountain Cooperative Man18 agement and Protection Area in the State of Oregon, to

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

20 river:

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

22 Creek from its headwaters to its confluence with

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

2 from its headwaters, and including .36 stream miles

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

4 (b) MANAGEMENT.—Where management require5 ments for a stream segment described in the amendments

6 made by this section differ between the Wild and Scenic

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

8 Area, the more restrictive requirements shall apply.

9 SEC. 302. DONNER UND BLITZEN RIVER REDBAND TROUT

10 RESERVE.

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

12 (1) Those portions of the Donner und Blitzen

13 River in the Wilderness Area are an exceptional en14 vironmental resource that provides habitat for

15 unique populations of native fish, migratory water16 fowl, and other wildlife resources, including a unique

17 population of redband trout.

18 (2) Redband trout represent a unique natural

19 history reflecting the Pleistocene connection between

20 the lake basins of eastern Oregon and the Snake

21 and Columbia Rivers.

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

23 designate the Donner und Blitzen Redband Trout Reserve

24 consisting of the Donner und Blitzen River in the Wilder25 ness Area above its confluence with Fish Creek and the
35

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1 Federal riparian lands immediately adjacent to the river,

2 as depicted on the map entitled ‘‘Donner Und Blitzen

3 River Redband Trout Reserve’’ and dated ll, 2000.

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

5 Redband Trout Reserve are—

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

7 Donner und Blitzen River population of redband

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

9 wildlife of a river system; and

10 (2) to provide opportunities for scientific re11 search, environmental education, and fish and wild12 life oriented recreation and access to the extent com13 patible with paragraph (1).

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

15 Trout Reserve does not include any private lands adjacent

16 to the Donner und Blitzen River or its tributaries.

17 (e) ADMINISTRATION.—

18 (1) IN GENERAL.—The Secretary shall admin19 ister all lands, waters, and interests therein in the

20 Redband Trout Reserve consistent with the Wilder21 ness Act (16 U.S.C. 1131 et seq.) and the Wild and

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

23 (2) CONSULTATION.—In administering the

24 Redband Trout Reserve, the Secretary shall consult
36

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1 with the advisory council and cooperate with the Or2 egon Department of Fish and Wildlife.

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

4 consistent with applicable law, the Secretary shall

5 manage recreational activities in the Redband Trout

6 Reserve in a manner that conserves the unique pop7 ulation of redband trout native to the Donner und

8 Blitzen River.

9 (4) REMOVAL OF DAM.—The Secretary shall re10 move the dam located below the mouth of Fish

11 Creek and above Page Springs if removal of the dam

12 is scientifically justified and funds are available for

13 such purpose.

14 (f) OUTREACH AND EDUCATION.—The Secretary

15 may work with, provide technical assistance to, provide

16 community outreach and education programs for or with,

17 or enter into cooperative agreements with private land18 owners, State and local governments or agencies, and con19 servation organizations to further the purposes of the

20 Redband Trout Reserve.

21 TITLE IV—MINERAL

22 WITHDRAWAL AREA

23 SEC. 401. DESIGNATION OF MINERAL WITHDRAWAL AREA.

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

25 the Federal lands and interests in lands included within
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1 the withdrawal boundary as depicted on the map referred

2 to in section 101 of this Act are hereby withdrawn from—

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

4 laws; and,

5 (2) operation of the mineral leasing and geo6 thermal leasing laws and from the minerals mate7 rials laws and all amendments thereto except as

8 specified in subsection (b).

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

10 purposes of this Act and the management plan for the Co11 operative Management and Protection Area, the Secretary

12 may permit the development of saleable mineral resources,

13 for road maintenance use only, in those locations identified

14 on the map referred to in section 101 as an existing ‘‘grav15 el pit’’ within the mineral withdrawal boundaries (exclud16 ing the Wilderness Area, wilderness study areas, and des17 ignated segments of the National Wild and Scenic Rivers

18 System) where such development was authorized before

19 the date of enactment of this Act.

20 SEC. 402. TREATMENT OF STATE LANDS AND MINERAL IN21 TERESTS.

22 In the case of any lands and mineral interests that

23 are managed by the Oregon Division of State Lands and

24 located within the boundaries of the mineral withdrawal
38

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1 area designated pursuant to section 401, the Secretary

2 shall acquire such lands and interests in exchange for—

3 (1) Federal lands or Federal mineral interests

4 that are outside the boundaries of the mineral with5 drawal area, are of approximately equal value, and

6 are agreed to by the parties;

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

8 (3) a combination of a conveyance under para9 graph (1) and a monetary payment under paragraph

10 (2).

11 TITLE V—ESTABLISHMENT OF

12 WILDLANDS JUNIPER MAN13 AGEMENT AREA

14 SEC. 501. WILDLANDS JUNIPER MANAGEMENT AREA.

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

16 section 113(c), the Secretary shall establish a wildlands

17 juniper management area, as depicted on the map entitled

18 ‘‘WJMA’’, dated ll, 2000, consisting of certain Federal

19 lands in the Cooperative Management and Protection

20 Area.

21 (b) MANAGEMENT.—Special management practices

22 shall be adopted for the wildlands juniper management

23 area for the purposes of experimentation, education, inter24 pretation, and demonstration of active and passive man-
39

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1 agement intended to restore the historic fire regime and

2 native vegetation communities on Steens Mountain.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to the authorization of appropriations in section 701,

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

6 out this section and section 113(c) regarding juniper man7 agement in the Cooperative Management and Protection

8 Area.

9 SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STA10 TUS.

11 The Federal lands included in the wildlands juniper

12 management area established under section 501 are no

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

14 Federal Land Policy and Management Act of 1976 (43

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

16 not to impair the suitability of the lands for preservation

17 as wilderness.

18 TITLE VI—LAND EXCHANGES

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

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

21 protecting and consolidating Federal lands within the Wil22 derness Area, the Secretary may carry out a land ex23 change with Roaring Springs Ranch, Incorporated, to con24 vey all right, title, and interest of the United States in

25 and to certain parcels of land under the jurisdiction of
40

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1 the Bureau of Land Management in the vicinity of Steens

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

3 section 101, consisting of a total of approximately ll

4 acres in exchange for the private lands described in sub5 section (b).

6 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid7 eration for the conveyance of the Federal lands referred

8 to in subsection (a), Roaring Springs Ranch, Incor9 porated, shall convey to the Secretary parcels of land con10 sisting of approximately ll acres, as depicted on the

11 map referred to in subsection (a), for inclusion in the Wil12 derness Area.

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

14 (3) of section 113(e), relating to the effect of the cancella15 tion of grazing permits for the Lowther and Roaring

16 Springs allotments in the Wilderness Area and reassign17 ment of use areas within the Miners Field Allotment, shall

18 apply to the land exchange authorized by this section.

19 (d) ECONOMIC ADJUSTMENT DISBURSEMENTS.—To

20 compensate for lost productivity and economic activity

21 caused by the dislocation and reallocation of resources and

22 the disruption and termination of traditional management

23 techniques as a result of the date of the enactment of this

24 Act, the Secretary shall make an economic adjustment dis-
41

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1 bursement to the Roaring Springs Ranch, Incorporated,

2 in the amount of $2,889,000.

3 (e) COMPLETION OF CONVEYANCE.—The Secretary

4 shall complete the conveyance of the Federal lands under

5 subsection (a) within three months after the Secretary ac6 cepts the lands described in subsection (b).

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

8 BROTHERS.

9 (a) C. M. OTLEY EXCHANGE.—

10 (1) EXCHANGE AUTHORIZED.—For the purpose

11 of protecting and consolidating Federal lands within

12 the Wilderness Area, the Secretary may carry out a

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

14 title, and interest of the United States in and to cer15 tain parcels of land under the jurisdiction of the Bu16 reau of Land Management in the vicinity of Steens

17 Mountain, Oregon, as depicted on the map referred

18 to in section 101, consisting of a total of approxi19 mately lllll acres in exchange for the private

20 lands described in paragraph (2).

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

22 consideration for the conveyance of the Federal

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

24 convey to the Secretary a parcel of land in the head25 waters of Kiger gorge consisting of approximately
42

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

2 paragraph (1), for inclusion in the Wilderness Area.

3 (b) OTLEY BROTHERS EXCHANGE.—

4 (1) EXCHANGE AUTHORIZED.—For the purpose

5 of protecting and consolidating Federal lands within

6 the Wilderness Area, the Secretary may carry out a

7 land exchange with the Otley Brother’s, Inc., to con8 vey all right, title, and interest of the United States

9 in and to certain parcels of land under the jurisdic10 tion of the Bureau of Land Management in the vi11 cinity of Steens Mountain, Oregon, as depicted on

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

13 total of approximately ll acres in exchange for

14 the private lands described in paragraph (2).

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

16 consideration for the conveyance of the Federal

17 lands referred to in paragraph (1), the Otley Broth18 er’s, Inc., shall convey to the Secretary a parcel of

19 land in the headwaters of Kiger gorge consisting of

20 approximately ll acres, as depicted on the map

21 referred to in paragraph (1), for inclusion in the

22 Wilderness Area.

23 (c) ECONOMIC ADJUSTMENT DISBURSEMENTS.—To

24 compensate for lost productivity and economic activity

25 caused by the dislocation and reallocation of resources and
43

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1 the disruption and termination of traditional management

2 techniques as a result of the date of the enactment of this

3 Act, the Secretary shall make an economic adjustment

4 disbursement—

5 (1) to C.M. Otley in the amount of $920,000;

6 and

7 (2) to Otley Brother’s, Inc., in the amount of

8 $400,000.

9 (d) COMPLETION OF CONVEYANCE.—The Secretary

10 shall complete the conveyances of the Federal lands under

11 subsections (a) and (b) within three months after the Sec12 retary accepts the lands described in such subsections.

13 SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVESTOCK, IN14 CORPORATED.

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

16 protecting and consolidating Federal lands within the Wil17 derness Area, the Secretary may carry out a land ex18 change with Tom J. Davis Livestock, Incorporated, to con19 vey all right, title, and interest of the United States in

20 and to certain parcels of land under the jurisdiction of

21 the Bureau of Land Management in the vicinity of Steens

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

23 section 101, consisting of a total of approximately ll

24 acres in exchange for the private lands described in sub25 section (b).
44

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

3 to in subsection (a), Tom J. Davis Livestock, Incor4 porated, shall convey to the Secretary a parcel of land con5 sisting of approximately ll acres, as depicted on the

6 map referred to in subsection (a), for inclusion in the Wil7 derness Area.

8 (c) ECONOMIC ADJUSTMENT DISBURSEMENTS.—To

9 compensate for lost productivity and economic activity

10 caused by the dislocation and reallocation of resources and

11 the disruption and termination of traditional management

12 techniques as a result of the date of the enactment of this

13 Act, the Secretary shall make an economic adjustment dis14 bursement to Tom J. Davis Livestock, Incorporated, in

15 the amount of $800,000.

16 (d) COMPLETION OF CONVEYANCE.—The Secretary

17 shall complete the conveyance of the Federal lands under

18 subsection (a) within three months after the Secretary ac19 cepts the lands described in subsection (b).

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

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

22 protecting and consolidating Federal lands within the Wil23 derness Area, the Secretary may carry out a land ex24 change with the Lowther (Clemens) Ranch to convey all

25 right, title, and interest of the United States in and to
45

•S 3052 IS

1 certain parcels of land under the jurisdiction of the Bu2 reau of Land Management in the vicinity of Steens Moun3 tain, Oregon, as depicted on the map referred to in section

4 101, consisting of a total of approximately ll acres in

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

6 (b) RECEIPT OF NON-FEDERAL LANDS.—As consid7 eration for the conveyance of the Federal lands referred

8 to in subsection (a), the Lowther (Clemens) Ranch shall

9 convey to the Secretary a parcel of land consisting of ap10 proximately ll acres, as depicted on the map referred

11 to in subsection (a), for inclusion in the Wilderness Area.

12 (c) ECONOMIC ADJUSTMENT DISBURSEMENTS.—To

13 compensate for lost productivity and economic activity

14 caused by the dislocation and reallocation of resources and

15 the disruption and termination of traditional management

16 techniques as a result of the date of the enactment of this

17 Act, the Secretary shall make an economic adjustment dis18 bursement to the Lowther (Clemens) Ranch in the amount

19 of $148,000.

20 (c) COMPLETION OF CONVEYANCE.—The Secretary

21 shall complete the conveyance of the Federal lands under

22 subsection (a) within three months after the Secretary ac23 cepts the lands described in subsection (b).
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1 SEC. 605. GENERAL PROVISIONS APPLICABLE TO LAND EX2 CHANGES.

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

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

5 title is subject to the existing laws and regulations applica6 ble to the conveyance and acquisition of land under the

7 jurisdiction of the Bureau of Land Management. It is an8 ticipated that the Secretary will be able to carry out such

9 land exchanges without the promulgation of additional

10 regulations and without regard to the notice and comment

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

12 (b) CONDITIONS ON ACCEPTANCE.—Title to the non13 Federal lands to be conveyed under this title must be ac14 ceptable to the Secretary, and the conveyances shall be

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

16 lands shall conform with the title approval standards ap17 plicable to Federal land acquisitions.

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

19 legal description of all lands to be exchanged under this

20 title shall be determined by surveys satisfactory to the Sec21 retary. The costs of any such survey, as well as other ad22 ministrative costs incurred to execute a land exchange

23 under this title, shall be borne by the Secretary.
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1 TITLE VII—FUNDING

2 AUTHORITIES

3 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

4 Except as provided in section 702, there is hereby

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

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

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

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

10 conservation fund established under section 2 of the Land

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

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

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

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

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

17 to the authorization of appropriations in subsection (a)

18 shall remain available until expended.

Æ