IB
Union Calendar No. 560
106TH CONGRESS
2D SESSION
H. R. 4828
[Report No. 106–929, Part I]
To designate wilderness areas and a cooperative management and protection
area in the vicinity of Steens Mountain in Harney County, Oregon,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 2000
Mr. WALDEN of Oregon (for himself and Mr. BLUMENAUER) introduced the
following bill; which was referred to the Committee on Resources, and in
addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
OCTOBER 3, 2000
Additional sponsor: Ms. HOOLEY of Oregon
OCTOBER 3, 2000
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 3, 2000
Referral to the Committee on Agriculture extended for a period ending not
later than October 3, 2000
OCTOBER 3, 2000
The Committee on Agriculture discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July 12, 2000]
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; PURPOSES; TABLE OF CON-
TENTS.
(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 fol-
lowing:
(1) To maintain the cultural, economic, ecologi-
cal, 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 Coopera-
tive Management and Protection Area.
(4) To provide for the acquisition of private
lands through exchange for inclusion in the Wilder-
ness Area and the Cooperative Management and Pro-
tection Area.
(5) To provide for and expand cooperative man-
agement activities between public and private land-
owners in the vicinity of the Wilderness Area and
surrounding lands.
(6) To authorize the purchase of land and devel-
opment 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 Protec-
tion Area.
(10) To maintain and enhance cooperative and
innovative management practices between the public
and private land managers in the Cooperative Man-
agement 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 integ-
rity of Steens Mountain.
(13) To authorize only such uses on Federal
lands in the Cooperative Management and Protection
Area that are consistent with the purposes of this Act.
(c) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; purposes; table of contents.
Sec. 2. Definitions.
Sec. 3. Maps and legal descriptions.
Sec. 4. Valid existing rights.
Sec. 5. Protection of tribal rights.
TITLE I—STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Subtitle A—Designation and Purposes
Sec. 101. Designation of Steens Mountain Cooperative Management and Protec-
tion 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 Moun-
tain 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 Coun-
cil established by title IV.
(2) COOPERATIVE MANAGEMENT AGREEMENT.—
An agreement to plan or implement (or both) cooper-
ative recreation, ecological, grazing, fishery, vegeta-
tion, 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
PROTEC-
TION
AREA.—The term ‘‘Cooperative Management
and Protection Area’’ means the Steens Mountain Co-
operative Management and Protection Area des-
ignated by title I.
(4) EASEMENTS.—
(A) CONSERVATION EASEMENT.—The term
‘‘conservation easement’’ means a binding con-
tractual agreement between the Secretary and a
landowner in the Cooperative Management and
Protection Area under which the landowner, per-
manently or during a time period specified in
the agreement, agrees to conserve or restore habi-
tat, open space, scenic, or other ecological re-
source values on the land covered by the ease-
ment.
(B) NONDEVELOPMENT
EASEMENT.—The
term ‘‘nondevelopment easement’’ means a bind-
ing contractual agreement between the Secretary
and a landowner in the Cooperative Manage-
ment 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 ‘‘ecologi-
cal 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, habi-
tats 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 ‘‘manage-
ment plan’’ means the management plan for the Co-
operative 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 Bu-
reau of Land Management.
(9) SCIENCE
COMMITTEE.—The term ‘‘science
committee’’ means the committee of independent sci-
entists 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 prac-
ticable after the date of the enactment of this Act, the Sec-
retary shall prepare and submit to Congress maps and legal
descriptions of the following:
(1) The Cooperative Management and Protection
Area.
(2) The Wilderness Area.
(3) The wild and scenic river segments and
redband trout reserve designated by title III.
(4) The mineral withdrawal area designated by
title IV.
(5) The wildlands juniper management area es-
tablished 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 con-
strued to diminish tribal rights, including those of the
Burns Paiute Tribe, regarding access to Federal lands for
tribal activities, including spiritual, cultural, and tradi-
tional food gathering activities.
TITLE I—STEENS MOUNTAIN CO-
OPERATIVE 
MANAGEMENT
AND PROTECTION AREA
Subtitle A—Designation and
Purposes
SEC. 101. DESIGNATION OF STEENS MOUNTAIN COOPERA-
TIVE 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 es-
tablished by title V.
SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE
MANAGEMENT AND PROTECTION AREA.
(a) PURPOSE.—The purpose of the Cooperative Man-
agement and Protection Area is to conserve, protect, and
manage the long-term ecological integrity of Steens Moun-
tain for future and present generations.
(b) OBJECTIVES.—To further the purpose specified in
subsection (a), and consistent with such purpose, the Sec-
retary shall manage the Cooperative Management and Pro-
tection Area for the benefit of present and future
generations—
(1) to maintain and enhance cooperative and in-
novative management projects, programs and agree-
ments 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 archae-
ological sites by the Burns Paiute Tribe on Federal
lands and to promote cooperation with private land-
owners;
(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, commu-
nication, 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 man-
ner that—
(1) ensures the conservation, protection, and im-
proved management of the ecological, social and eco-
nomic environment of the Cooperative Management
and Protection Area, including geological, biological,
wildlife, riparian, and scenic resources, North Amer-
ican 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 four 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 Coopera-
tive Management and Protection Area, including the Wil-
derness Area. The plan shall—
(1) describe the appropriate uses and manage-
ment of the Cooperative Management and Protection
Area consistent with this Act;
(2) incorporate, as appropriate, decisions con-
tained in any current or future management or activ-
ity plan for the Cooperative Management and Protec-
tion Area and use information developed in previous
studies of the lands within or adjacent to the Cooper-
ative Management and Protection Area;
(3) provide for coordination with State, county,
and private local landowners and the Burns Paiute
Tribe; and
(4) determine measurable and achievable man-
agement objectives, consistent with the management
objectives in section 102, to ensure the ecological in-
tegrity 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 trans-
portation plan for the Federal lands included in the Cooper-
ative 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 TRAV-
EL.—
(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 pro-
hibit the use of motorized or mechanized vehicles on
Federal lands included in the Cooperative Manage-
ment 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 Manage-
ment Act of 1976 (43 U.S.C. 1782).
(c) ROAD CLOSURES.—Any determination to perma-
nently close an existing road in the Cooperative Manage-
ment and Protection Area or to restrict the access of motor-
ized 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 Man-
agement and Protection Area unless the Secretary de-
termines that the road or trail is necessary for public
safety or protection of the environment. Any deter-
mination under this subsection shall be made in con-
sultation with the advisory council and the public.
(2) TRAILS.—Nothing in this subsection is in-
tended to limit the authority of the Secretary to con-
struct or maintain trails for nonmotorized or non-
mechanized 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 Co-
operative 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 termi-
nating any valid existing right-of-way on Federal
lands included in the Cooperative Management and
Protection Area.
SEC. 113. LAND USE AUTHORITIES.
(a) IN GENERAL.—The Secretary shall allow only such
uses of the Federal lands included in the Cooperative Man-
agement 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 re-
ferred to in section 204(a), the Secretary may author-
ize the sale of products resulting from the authorized
removal of trees under this paragraph.
(c) JUNIPER MANAGEMENT.—The Secretary shall em-
phasize the restoration of the historic fire regime in the Co-
operative Management and Protection Area and the result-
ing native vegetation communities through active manage-
ment 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 per-
mit hunting, fishing, and trapping on Federal lands
included in the Cooperative Management and Protec-
tion Area in accordance with applicable laws and
regulations of the United States and the State of Or-
egon.
(2) AREA AND TIME LIMITATIONS.—After con-
sultation with the Oregon Department of Fish and
Wildlife, the Secretary may designate zones where,
and establish periods when, hunting, trapping or fish-
ing is prohibited on Federal lands included in the Co-
operative Management and Protection Area for rea-
sons of public safety, administration, or public use
and enjoyment.
(e) GRAZING.—
(1) CONTINUATION OF EXISTING LAW.—Except
as otherwise provided in this Act, the laws, regula-
tions, and executive orders otherwise applicable to the
Bureau of Land Management in issuing and admin-
istering 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 In-
dian, East Ridge, and South Steens allotments lo-
cated within the area designated as the ‘‘no livestock
grazing area’’ on the map referred to in section
101(a). Upon cancellation, future grazing use in that
designated area is prohibited. The Secretary shall be
responsible for installing and maintaining any fenc-
ing required for resource protection within the des-
ignated 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 Sec-
retary 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 in-
cluded 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 dis-
posal under the public land laws, except in the case of land
exchanges if the Secretary determines that the exchange fur-
thers 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 Sec-
retary may acquire other non-Federal lands and in-
terests in lands located within the boundaries of the
Cooperative Management and Protection Area or the
Wilderness Area.
(2) ACQUISITION METHODS.—Lands may be ac-
quired under this subsection only by voluntary ex-
change, 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 sub-
section (a) or title VI that are located within the
boundaries of the Cooperative Management and Pro-
tection Area shall—
(A) become part of the Cooperative Manage-
ment and Protection Area; and
(B) be managed pursuant to the laws appli-
cable to the Cooperative Management and Pro-
tection 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 sub-
section (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 appli-
cable to that wilderness study area.
(c) APPRAISAL.—In appraising non-Federal land, de-
velopment rights, or conservation easements for possible ac-
quisition 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 Sec-
retary.
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 Fed-
eral 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 man-
agement 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 agen-
cies, 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 Sec-
retary may enter into agreements with the Burns Paiute
Tribe to protect cultural sites in the Cooperative Manage-
ment and Protection Area of importance to the tribe.
SEC. 122. COOPERATIVE EFFORTS TO CONTROL DEVELOP-
MENT 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 pur-
poses of this Act.
(b) USE OF NONDEVELOPMENT AND CONSERVATION
EASEMENTS.—The Secretary may enter into a nondevelop-
ment easement or conservation easement with willing land-
owners to further the purposes of this Act.
(c) CONSERVATION INCENTIVE PAYMENTS.—The Sec-
retary may provide technical assistance, cost-share pay-
ments, incentive payments, and education to a private
landowner in the Cooperative Management and Protection
Area who enters into a contract with the Secretary to pro-
tect or enhance ecological resources on the private land cov-
ered 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 Sec-
retary in managing the Cooperative Management and Pro-
tection 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.
(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 formu-
late recommendations for the Secretary regarding—
(1) new and unique approaches to the manage-
ment of lands within the boundaries of the Coopera-
tive 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 Sec-
retary shall consult with the advisory committee as part
of the preparation and implementation of the management
plan.
(c) SUBMISSION
OF RECOMMENDATIONS.—No rec-
ommendations may be presented to the Secretary by the ad-
visory council without the agreement of at least nine mem-
bers of the advisory council.
SEC. 133. SCIENCE COMMITTEE.
The Secretary shall appoint, as needed or at the re-
quest of the advisory council, a team of respected, knowl-
edgeable, and diverse scientists to provide advice on ques-
tions relating to the management of the Cooperative Man-
agement and Protection Area to the Secretary and the advi-
sory council. The Secretary shall seek the advice of the advi-
sory council in making these appointments.
TITLE II—STEENS MOUNTAIN
WILDERNESS AREA
SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDER-
NESS 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 guide-
lines 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 admin-
istered in accordance with the provision of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)),
in accordance with the provisions of this Act, and in
accordance with the guidelines set forth in Appendices
A and B of House Report 101–405 of the 101st Con-
gress.
(2) RETIREMENT
OF
CERTAIN
PERMITS.—The
Secretary shall permanently retire all grazing per-
mits applicable to certain lands in the Wilderness
Area, as depicted on the map referred to in subsection
(a), and livestock shall be excluded from these lands.
SEC. 203. WATER RIGHTS.
(a) RESERVATION.—Congress hereby reserves a quan-
tity of water sufficient to fulfill the purposes for which the
Wilderness Area are designated. The priority date of such
reserved rights shall be the date of the enactment of this
Act.
(b) PROTECTION.—The Secretary shall take such steps
as may be necessary to protect the rights reserved by sub-
section (a), including the filing by the Secretary of a claim
for the quantification of the rights in any present or future
appropriate stream adjudication in the courts of the State
of Oregon in which the United States is or may be joined
and which is conducted in accordance with section 208 of
the Act of July 10, 1952 (43 U.S.C. 666; commonly referred
the McCarran Amendment).
(c) RELATION TO OTHER RESERVATIONS.—Nothing in
this Act shall be construed as a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State of Oregon on or before the date of enact-
ment of this Act.
SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.
(a) STATUS UNAFFECTED.—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.—
(1) APPLICABLE
LAWS.—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 suit-
ability of the areas for preservation as wilderness.
(2) CERTAIN
ACTIVITIES
PERMITTED.—Con-
sistent with section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the
Secretary may permit water developments, juniper
management, and fencing in a wilderness study area
referred to in subsection (a) when necessary to protect
or enhance wilderness values. The Secretary may not
permit management of juniper species in the wilder-
ness study areas with mechanized tools unless the Sec-
retary first considers nonmechanized treatments and
the recommendations of the science committee and the
advisory council.
(c) EXPANSION
OF
BASQUE
HILLS
WILDERNESS
STUDY AREA.—The boundaries of the Basque Hills Wilder-
ness 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 SCE-
NIC 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 sub-
paragraphs (A), (B), (C), and (D) and inserting a
period;
(3) by striking ‘‘; and’’ at the end of subpara-
graph (E) and inserting a period; and
(4) by adding at the end the following new sub-
paragraphs:
‘‘(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.
‘‘(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 CREEK, 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:
‘‘(163) WILDHORSE CREEK, OREGON.—The following
segments in the Steens Mountain Cooperative Management
and Protection Area in the State of Oregon, to be adminis-
tered by the Secretary of the Interior as a wild river:
‘‘(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) 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 envi-
ronmental resource that provides habitat for unique
populations of native fish, migratory waterfowl, and
other wildlife resources, including a unique popu-
lation 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 Wilder-
ness Area above its confluence with Fish Creek and the Fed-
eral 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 re-
search, environmental education, and fish and wild-
life oriented recreation and access to the extent com-
patible 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 admin-
ister all lands, waters, and interests therein in the
Redband Trout Reserve consistent with the Wilderness
Act (16 U.S.C. 1131 et seq.) and the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.).
(2) 
CONSULTATION.—In 
administering 
the
Redband Trout Reserve, the Secretary shall consult
with the advisory council and cooperate with the Or-
egon 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 popu-
lation of redband trout native to the Donner und
Blitzen River.
(4) REMOVAL OF DAM.—The Secretary shall re-
move the dam located below the mouth of Fish Creek
and above Page Springs if removal of the dam is sci-
entifically justified and funds are available for such
purpose.
(f) OUTREACH AND EDUCATION.—The Secretary may
work with, provide technical assistance to, provide commu-
nity outreach and education programs for or with, or enter
into cooperative agreements with private landowners, State
and local governments or agencies, and conservation orga-
nizations to further the purposes of the Redband Trout Re-
serve.
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 geo-
thermal 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 pur-
poses of this Act and the management plan for the Coopera-
tive 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
enactment of this Act.
SEC. 402. TREATMENT OF STATE LANDS AND MINERAL IN-
TERESTS.
The Secretary shall acquire all right, title, and interest
of the State of Oregon in lands owned by the State within
the boundaries of the mineral withdrawal area designated
pursuant to section 401 in exchange for—
(1) Federal lands or Federal mineral interests
that are outside the boundaries of the mineral with-
drawal area, are of approximately equal value, and
are agreed to by the parties;
(2) a monetary payment to the State; or
(3) a combination of a conveyance under para-
graph (1) and a monetary payment under paragraph
(2).
TITLE 
V—ESTABLISHMENT 
OF
WILDLANDS 
JUNIPER 
MAN-
AGEMENT AREA
SEC. 501. WILDLANDS JUNIPER MANAGEMENT AREA.
(a) ESTABLISHMENT.—To further the purposes of sec-
tion 113(c), the Secretary shall establish a special manage-
ment area consisting of certain Federal lands in the Cooper-
ative 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, inter-
pretation, and demonstration of active and passive manage-
ment intended to restore the historic fire regime and native
vegetation communities on Steens Mountain.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the authorization of appropriations in section 701,
there is authorized to be appropriated $5,000,000 to carry
out this section and section 113(c) regarding juniper man-
agement in the Cooperative Management and Protection
Area.
SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STA-
TUS.
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 pro-
tecting and consolidating Federal lands within the Coopera-
tive 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 vi-
cinity of Steens Mountain, Oregon, as depicted on the map
referred to in section 605(a), consisting of a total of ap-
proximately 76,373.53 acres in exchange for the private
lands described in subsection (b).
(b) RECEIPT OF NON-FEDERAL LANDS.—As consider-
ation for the conveyance of the Federal lands referred to
in subsection (a), Roaring Springs Ranch, Incorporated,
shall convey to the Secretary parcels of land consisting of
approximately 10,908.72 acres, as depicted on the map re-
ferred to in section 605(a), for inclusion in the Wilderness
Area, a wilderness study area, and the no livestock grazing
area as appropriate.
(c) TREATMENT OF GRAZING.—Paragraphs (2) and
(3) of section 113(e), relating to the effect of the cancellation
in part of grazing permits for the South Steens allotment
in the Wilderness Area and reassignment of use areas as
described in paragraph (3)(C) of such section, shall apply
to the land exchange authorized by this section.
(d) ECONOMIC ADJUSTMENT DISBURSEMENTS.—Upon
the completion of the land exchange authorized by this sec-
tion, the Secretary shall make an economic adjustment dis-
bursement to the Roaring Springs Ranch, Incorporated, in
the amount of $2,889,000 to compensate for lost produc-
tivity and economic activity caused by the dislocation and
reallocation of resources and the disruption and termi-
nation of traditional management techniques as a result of
the enactment of this Act.
(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 de-
picted on the map referred to in section 605(a), con-
sisting of a total of approximately 3,844.58 acres in
exchange for the private lands described in paragraph
(2).
(2) RECEIPT OF NON-FEDERAL LANDS.—As con-
sideration for the conveyance of the Federal lands re-
ferred to in paragraph (1), C.M. Otley shall convey
to the Secretary a parcel of land in the headwaters
of Kiger gorge consisting of approximately 851.13
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) ECONOMIC ADJUSTMENT DISBURSEMENTS.—
Upon the completion of the land exchange authorized
by this subsection, the Secretary shall make an eco-
nomic adjustment disbursement to C.M. Otley in the
amount of $920,000 to compensate for lost produc-
tivity and economic activity caused by the dislocation
and reallocation of resources and the disruption and
termination of traditional management techniques as
a result of the enactment of this Act.
(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 in-
terest 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, Or-
egon, as depicted on the map referred to in section
605(a), consisting of a total of approximately
6,880.54 acres in exchange for the private lands de-
scribed in paragraph (2).
(2) RECEIPT OF NON-FEDERAL LANDS.—As con-
sideration for the conveyance of the Federal lands re-
ferred to in paragraph (1), the Otley Brother’s, Inc.,
shall convey to the Secretary a parcel of land in the
headwaters of Kiger gorge consisting of approximately
504.91 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) ECONOMIC ADJUSTMENT DISBURSEMENTS.—
Upon the completion of the land exchange authorized
by this subsection, the Secretary shall make an eco-
nomic adjustment disbursement to Otley Brother’s,
Inc., in the amount of $400,000 to compensate for lost
productivity and economic activity caused by the dis-
location and reallocation of resources and the disrup-
tion and termination of traditional management tech-
niques as a result of the enactment of this Act.
(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, IN-
CORPORATED.
(a) EXCHANGE AUTHORIZED.—For the purpose of pro-
tecting and consolidating Federal lands within the Wilder-
ness 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 cer-
tain 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 5,339.51 acres
in exchange for the private lands described in subsection
(b).
(b) RECEIPT OF NON-FEDERAL LANDS.—As consider-
ation for the conveyance of the Federal lands referred to
in subsection (a), Tom J. Davis Livestock, Incorporated,
shall convey to the Secretary a parcel of land consisting
of approximately 5,103.2 acres, as depicted on the map re-
ferred to in section 605(a), for inclusion in the Wilderness
Area.
(c) ECONOMIC ADJUSTMENT DISBURSEMENTS.—Upon
the completion of the land exchange authorized by this sec-
tion, the Secretary shall make an economic adjustment dis-
bursement to Tom J. Davis Livestock, Incorporated, in the
amount of $800,000 to compensate for lost productivity and
economic activity caused by the dislocation and reallocation
of resources and the disruption and termination of tradi-
tional management techniques as a result of the enactment
of this Act.
(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 pro-
tecting and consolidating Federal lands within the Coopera-
tive 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 jurisdic-
tion of the Bureau of Land Management in the vicinity
of Steens Mountain, Oregon, as depicted on the map re-
ferred to in section 605(a), consisting of a total of approxi-
mately 11,795.84 acres in exchange for the private lands
described in subsection (b).
(b) RECEIPT OF NON-FEDERAL LANDS.—As consider-
ation for the conveyance of the Federal lands referred to
in subsection (a), the Lowther (Clemens) Ranch shall con-
vey to the Secretary a parcel of land consisting of approxi-
mately 1,077.67 acres, as depicted on the map referred to
in section 605(a), for inclusion in the Cooperative Manage-
ment 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 In-
dian allotment in the Wilderness Area and reassignment