H. R. 4828
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To designate the Steens Mountain Wilderness Area and the Steens Mountain Cooper-
ative Management and Protection Area in Harney County, Oregon, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; PURPOSES; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Steens Moun-
tain Cooperative Management and Protection Act of 2000’’.
(b) PURPOSES.—The purposes of this Act are the following:
(1) To maintain the cultural, economic, ecological, and social
health of the Steens Mountain area in Harney County, Oregon.
(2) To designate the Steens Mountain Wilderness Area.
(3) To designate the Steens Mountain Cooperative Manage-
ment and Protection Area.
(4) To provide for the acquisition of private lands through
exchange for inclusion in the Wilderness Area and the Coopera-
tive Management and Protection Area.
(5) To provide for and expand cooperative management
activities between public and private landowners in the vicinity
of the Wilderness Area and surrounding lands.
(6) To authorize the purchase of land and development
and nondevelopment rights.
(7) To designate additional components of the National
Wild and Scenic Rivers System.
(8) To establish a reserve for redband trout and a wildlands
juniper management area.
(9) To establish a citizens’ management advisory council
for the Cooperative Management and Protection Area.
(10) To maintain and enhance cooperative and innovative
management practices between the public and private land
managers in the Cooperative Management and Protection Area.
(11) To promote viable and sustainable grazing and recre-
ation operations on private and public lands.
(12) To conserve, protect, and manage for healthy water-
sheds and the long-term ecological integrity of Steens Mountain.
(13) To authorize only such uses on Federal lands in the
Cooperative Management and Protection Area that are con-
sistent with the purposes of this Act.
H. R. 4828—2
(c) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; purposes; table of contents.
Sec. 2. Definitions.
Sec. 3. Maps and legal descriptions.
Sec. 4. Valid existing rights.
Sec. 5. Protection of tribal rights.
TITLE I—STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Subtitle A—Designation and Purposes
Sec. 101. Designation of Steens Mountain Cooperative Management and Protection
Area.
Sec. 102. Purpose and objectives of Cooperative Management and protection Area.
Subtitle B—Management of Federal Lands
Sec. 111. Management authorities and purposes.
Sec. 112. Roads and travel access.
Sec. 113. Land use authorities.
Sec. 114. Land acquisition authority.
Sec. 115. Special use permits.
Subtitle C—Cooperative Management
Sec. 121. Cooperative management agreements.
Sec. 122. Cooperative efforts to control development and encourage conservation.
Subtitle D—Advisory Council
Sec. 131. Establishment of advisory council.
Sec. 132. Advisory role in management activities.
Sec. 133. Science committee.
TITLE II—STEENS MOUNTAIN WILDERNESS AREA
Sec. 201. Designation of Steens Mountain Wilderness Area.
Sec. 202. Administration of Wilderness Area.
Sec. 203. Water rights.
Sec. 204. Treatment of wilderness study areas.
TITLE III—WILD AND SCENIC RIVERS AND TROUT RESERVE
Sec. 301. Designation of streams for wild and scenic river status in Steens 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 Council established by title IV.
(2) COOPERATIVE
MANAGEMENT
AGREEMENT.—An agree-
ment to plan or implement (or both) cooperative recreation,
H. R. 4828—3
ecological, grazing, fishery, vegetation, prescribed fire, cultural
site protection, wildfire or other measures to beneficially meet
public use needs and the public land and private land objectives
of this Act.
(3) COOPERATIVE MANAGEMENT AND PROTECTION AREA.—
The term ‘‘Cooperative Management and Protection Area’’
means the Steens Mountain Cooperative Management and
Protection Area designated by title I.
(4) EASEMENTS.—
(A) CONSERVATION EASEMENT.—The term ‘‘conservation
easement’’ means a binding contractual agreement between
the Secretary and a landowner in the Cooperative Manage-
ment and Protection Area under which the landowner,
permanently or during a time period specified in the agree-
ment, agrees to conserve or restore habitat, open space,
scenic, or other ecological resource values on the land cov-
ered by the easement.
(B) NONDEVELOPMENT
EASEMENT.—The term ‘‘non-
development easement’’ means a binding contractual agree-
ment between the Secretary and a landowner in the
Cooperative Management and Protection Area that will,
permanently or during a time period specified in the
agreement—
(i) prevent or restrict development on the land
covered by the easement; or
(ii) protect open space or viewshed.
(5) ECOLOGICAL INTEGRITY.—The term ‘‘ecological integrity’’
means a landscape where ecological processes are functioning
to maintain the structure, composition, activity, and resilience
of the landscape over time, including—
(A) a complex of plant communities, habitats and condi-
tions representative of variable and sustainable succes-
sional conditions; and
(B) the maintenance of biological diversity, soil fertility,
and genetic interchange.
(6) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the Cooperative Management
and Protection Area and the Wilderness Area required to be
prepared by section 111(b).
(7) REDBAND TROUT RESERVE.—The term ‘‘Redband Trout
Reserve’’ means the Donner und Blitzen Redband Trout Reserve
designated by section 302.
(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Bureau of Land Management.
(9) SCIENCE
COMMITTEE.—The term ‘‘science committee’’
means the committee of independent scientists appointed under
section 133.
(10) WILDERNESS
AREA.—The term ‘‘Wilderness Area’’
means the Steens Mountain Wilderness Area designated by
title II.
SEC. 3. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION AND SUBMISSION.—As soon as practicable after
the date of the enactment of this Act, the Secretary shall prepare
and submit to Congress maps and legal descriptions of the following:
(1) The Cooperative Management and Protection Area.
(2) The Wilderness Area.
H. R. 4828—4
(3) The wild and scenic river segments and redband trout
reserve designated by title III.
(4) The mineral withdrawal area designated by title IV.
(5) The wildlands juniper management area established
by title V.
(6) The land exchanges required by title VI.
(b) LEGAL EFFECT
AND CORRECTION.—The maps and legal
descriptions referred to in subsection (a) shall have the same force
and effect as if included in this Act, except the Secretary may
correct clerical and typographical errors in such maps and legal
descriptions.
(c) PUBLIC AVAILABILITY.—Copies of the maps and legal descrip-
tions referred to in subsection (a) shall be on file and available
for public inspection in the Office of the Director of the Bureau
of Land Management and in the appropriate office of the Bureau
of Land Management in the State of Oregon.
SEC. 4. VALID EXISTING RIGHTS.
Nothing in this Act shall effect any valid existing right.
SEC. 5. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act shall be construed to diminish the rights
of any Indian tribe. Nothing in this Act shall be construed to
diminish tribal rights, including those of the Burns Paiute Tribe,
regarding access to Federal lands for tribal activities, including
spiritual, cultural, and traditional food gathering activities.
TITLE I—STEENS MOUNTAIN COOPERA-
TIVE 
MANAGEMENT 
AND 
PROTEC-
TION AREA
Subtitle A—Designation and Purposes
SEC. 
101. 
DESIGNATION 
OF 
STEENS 
MOUNTAIN 
COOPERATIVE
MANAGEMENT AND PROTECTION AREA.
(a) DESIGNATION.—The Secretary shall designate the Steens
Mountain Cooperative Management and Protection Area consisting
of approximately 425,550 acres of Federal land located in Harney
County, Oregon, in the vicinity of Steens Mountain, as generally
depicted on the map entitled ‘‘Steens Mountain Boundary Map’’
and dated September 18, 2000.
(b) CONTENTS OF MAP.—In addition to the general boundaries
of the Cooperative Management and Protection Area, the map
referred to in subsection (a) also depicts the general boundaries
of the following:
(1) The no livestock grazing area described in section 113(e).
(2) The mineral withdrawal area designated by title IV.
(3) The wildlands juniper management area established
by title V.
SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE MANAGEMENT
AND PROTECTION AREA.
(a) PURPOSE.—The purpose of the Cooperative Management
and Protection Area is to conserve, protect, and manage the long-
H. R. 4828—5
term ecological integrity of Steens Mountain for future and present
generations.
(b) OBJECTIVES.—To further the purpose specified in subsection
(a), and consistent with such purpose, the Secretary shall manage
the Cooperative Management and Protection Area for the benefit
of present and future generations—
(1) to maintain and enhance cooperative and innovative
management projects, programs and agreements between tribal,
public, and private interests in the Cooperative Management
and Protection Area;
(2) to promote grazing, recreation, historic, and other uses
that are sustainable;
(3) to conserve, protect and to ensure traditional access
to cultural, gathering, religious, and archaeological sites by
the Burns Paiute Tribe on Federal lands and to promote
cooperation with private landowners;
(4) to ensure the conservation, protection, and improved
management of the ecological, social, and economic environment
of the Cooperative Management and Protection Area, including
geological, biological, wildlife, riparian, and scenic resources;
and
(5) to promote and foster cooperation, communication, and
understanding and to reduce conflict between Steens Mountain
users and interests.
Subtitle B—Management of Federal Lands
SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.
(a) IN GENERAL.—The Secretary shall manage all Federal lands
included in the Cooperative Management and Protection Area
pursuant to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) and other applicable provisions of law,
including this Act, in a manner that—
(1) ensures the conservation, protection, and improved
management of the ecological, social and economic environment
of the Cooperative Management and Protection Area, including
geological, biological, wildlife, riparian, and scenic resources,
North American Indian tribal and cultural and archaeological
resource sites, and additional cultural and historic sites; and
(2) recognizes and allows current and historic recreational
use.
(b) MANAGEMENT PLAN.—Within 4 years after the date of the
enactment of this Act, the Secretary shall develop a comprehensive
plan for the long-range protection and management of the Federal
lands included in the Cooperative Management and Protection Area,
including the Wilderness Area. The plan shall—
(1) describe the appropriate uses and management of the
Cooperative Management and Protection Area consistent with
this Act;
(2) incorporate, as appropriate, decisions contained in any
current or future management or activity plan for the Coopera-
tive Management and Protection Area and use information
developed in previous studies of the lands within or adjacent
to the Cooperative Management and Protection Area;
(3) provide for coordination with State, county, and private
local landowners and the Burns Paiute Tribe; and
H. R. 4828—6
(4) determine measurable and achievable management
objectives, consistent with the management objectives in section
102, to ensure the ecological integrity of the area.
(c) MONITORING.—The Secretary shall implement a monitoring
program for Federal lands in the Cooperative Management and
Protection Area so that progress towards ecological integrity objec-
tives can be determined.
SEC. 112. ROADS AND TRAVEL ACCESS.
(a) TRANSPORTATION
PLAN.—The management plan shall
include, as an integral part, a comprehensive transportation plan
for the Federal lands included in the Cooperative Management
and Protection Area, which shall address the maintenance, improve-
ment, and closure of roads and trails as well as travel access.
(b) PROHIBITION ON OFF-ROAD MOTORIZED TRAVEL.—
(1) PROHIBITION.—The use of motorized or mechanized
vehicles on Federal lands included in the Cooperative Manage-
ment and Protection Area—
(A) is prohibited off road; and
(B) is limited to such roads and trails as may be
designated for their use as part of the management plan.
(2) EXCEPTIONS.—Paragraph (1) does not prohibit the use
of motorized or mechanized vehicles on Federal lands included
in the Cooperative Management and Protection Area if the
Secretary determines that such use—
(A) is needed for administrative purposes or to respond
to an emergency; or
(B) is appropriate for the construction or maintenance
of agricultural facilities, fish and wildlife management, or
ecological restoration projects, except in areas designated
as wilderness or managed under the provisions of section
603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782).
(c) ROAD CLOSURES.—Any determination to permanently close
an existing road in the Cooperative Management and Protection
Area or to restrict the access of motorized or mechanized vehicles
on certain roads shall be made in consultation with the advisory
council and the public.
(d) PROHIBITION ON NEW CONSTRUCTION.—
(1) PROHIBITION, EXCEPTION.—No new road or trail for
motorized or mechanized vehicles may be constructed on Fed-
eral lands in the Cooperative Management and Protection Area
unless the Secretary determines that the road or trail is nec-
essary for public safety or protection of the environment. Any
determination under this subsection shall be made in consulta-
tion with the advisory council and the public.
(2) TRAILS.—Nothing in this subsection is intended to limit
the authority of the Secretary to construct or maintain trails
for nonmotorized or nonmechanized use.
(e) ACCESS TO NONFEDERALLY OWNED LANDS.—
(1) REASONABLE
ACCESS.—The Secretary shall provide
reasonable access to nonfederally owned lands or interests in
land within the boundaries of the Cooperative Management
and Protection Area and the Wilderness Area to provide the
owner of the land or interest the reasonable use thereof.
(2) EFFECT ON EXISTING RIGHTS-OF-WAY.—Nothing in this
Act shall have the effect of terminating any valid existing
H. R. 4828—7
right-of-way on Federal lands included in the Cooperative
Management and Protection Area.
SEC. 113. LAND USE AUTHORITIES.
(a) IN GENERAL.—The Secretary shall allow only such uses
of the Federal lands included in the Cooperative Management and
Protection Area as the Secretary finds will further the purposes
for which the Cooperative Management and Protection Area is
established.
(b) COMMERCIAL TIMBER.—
(1) PROHIBITION.—The Federal lands included in the
Cooperative Management and Protection Area shall not be
made available for commercial timber harvest.
(2) LIMITED EXCEPTION.—The Secretary may authorize the
removal of trees from Federal lands in the Cooperative Manage-
ment and Protection Area only if the Secretary determines
that the removal is clearly needed for purposes of ecological
restoration and maintenance or for public safety. Except in
the Wilderness Area and the wilderness study areas referred
to in section 204(a), the Secretary may authorize the sale
of products resulting from the authorized removal of trees
under this paragraph.
(c) JUNIPER MANAGEMENT.—The Secretary shall emphasize the
restoration of the historic fire regime in the Cooperative Manage-
ment and Protection Area and the resulting native vegetation
communities through active management of Western Juniper on
a landscape level. Management measures shall include the use
of natural and prescribed burning.
(d) HUNTING, FISHING, AND TRAPPING.—
(1) AUTHORIZATION.—The Secretary shall permit hunting,
fishing, and trapping on Federal lands included in the Coopera-
tive Management and Protection Area in accordance with
applicable laws and regulations of the United States and the
State of Oregon.
(2) AREA AND TIME LIMITATIONS.—After consultation with
the Oregon Department of Fish and Wildlife, the Secretary
may designate zones where, and establish periods when,
hunting, trapping or fishing is prohibited on Federal lands
included in the Cooperative Management and Protection Area
for reasons of public safety, administration, or public use and
enjoyment.
(e) GRAZING.—
(1) CONTINUATION OF EXISTING LAW.—Except as otherwise
provided in this section and title VI, the laws, regulations,
and executive orders otherwise applicable to the Bureau of
Land Management in issuing and administering grazing leases
and permits on lands under its jurisdiction shall apply in
regard to the Federal lands included in the Cooperative
Management and Protection Area.
(2) CANCELLATION
OF
CERTAIN
PERMITS.—The Secretary
shall cancel that portion of the permitted grazing on Federal
lands in the Fish Creek/Big Indian, East Ridge, and South
Steens allotments located within the area designated as the
‘‘no livestock grazing area’’ on the map referred to in section
101(a). Upon cancellation, future grazing use in that designated
area is prohibited. The Secretary shall be responsible for
H. R. 4828—8
installing and maintaining any fencing required for resource
protection within the designated no livestock grazing area.
(3) FORAGE REPLACEMENT.—Reallocation of available forage
shall be made as follows:
(A) O’Keefe pasture within the Miners Field allotment
to Stafford Ranches.
(B) Fields Seeding and Bone Creek Pasture east of
the county road within the Miners Field allotment to Amy
Ready.
(C) Miners Field Pasture, Schouver Seeding and Bone
Creek Pasture west of the county road within the Miners
Field allotment to Roaring Springs Ranch.
(D) 800 animal unit months within the Crows Nest
allotment to Lowther (Clemens) Ranch.
(4) FENCING
AND
WATER
SYSTEMS.—The Secretary shall
also construct fencing and develop water systems as necessary
to allow reasonable and efficient livestock use of the forage
resources referred to in paragraph (3).
(f ) PROHIBITION
ON CONSTRUCTION
OF FACILITIES.—No new
facilities may be constructed on Federal lands included in the
Cooperative Management and Protection Area unless the Secretary
determines that the structure—
(1) will be minimal in nature;
(2) is consistent with the purposes of this Act; and
(3) is necessary—
(A) for enhancing botanical, fish, wildlife, or watershed
conditions;
(B) for public information, health, or safety;
(C) for the management of livestock; or
(D) for the management of recreation, but not for the
promotion of recreation.
(g) WITHDRAWAL.—Subject to valid existing rights, the Federal
lands and interests in lands included in the Cooperative Manage-
ment and Protection Areas are hereby withdrawn from all forms
of entry, appropriation, or disposal under the public land laws,
except in the case of land exchanges if the Secretary determines
that the exchange furthers the purpose and objectives specified
in section 102 and so certifies to Congress.
SEC. 114. LAND ACQUISITION AUTHORITY.
(a) ACQUISITION.—
(1) ACQUISITION
AUTHORIZED.—In addition to the land
acquisitions authorized by title VI, the Secretary may acquire
other non-Federal lands and interests in lands located within
the boundaries of the Cooperative Management and Protection
Area or the Wilderness Area.
(2) ACQUISITION METHODS.—Lands may be acquired under
this subsection only by voluntary exchange, donation, or pur-
chase from willing sellers.
(b) TREATMENT OF ACQUIRED LANDS.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3), lands
or interests in lands acquired under subsection (a) or title
VI that are located within the boundaries of the Cooperative
Management and Protection Area shall—
(A) become part of the Cooperative Management and
Protection Area; and
H. R. 4828—9
(B) be managed pursuant to the laws applicable to
the Cooperative Management and Protection Area.
(2) LANDS WITHIN WILDERNESS AREA.—If lands or interests
in lands acquired under subsection (a) or title VI are within
the boundaries of the Wilderness Area, the acquired lands
or interests in lands shall—
(A) become part of the Wilderness Area; and
(B) be managed pursuant to title II and the other
laws applicable to the Wilderness Area.
(3) LANDS WITHIN WILDERNESS STUDY AREA.—If the lands
or interests in lands acquired under subsection (a) or title
VI are within the boundaries of a wilderness study area, the
acquired lands or interests in lands shall—
(A) become part of that wilderness study area; and
(B) be managed pursuant to the laws applicable to
that wilderness study area.
(c) APPRAISAL.—In appraising non-Federal land, development
rights, or conservation easements for possible acquisition under
this section or section 122, the Secretary shall disregard any adverse
impacts on values resulting from the designation of the Cooperative
Management and Protection Area or the Wilderness Area.
SEC. 115. SPECIAL USE PERMITS.
The Secretary may renew a special recreational use permit
applicable to lands included in the Wilderness Area to the extent
that the Secretary determines that the permit is consistent with
the Wilderness Act (16 U.S.C. 1131 et seq.). If renewal is not
consistent with the Wilderness Act, the Secretary shall seek other
opportunities for the permit holder through modification of the
permit to realize historic permit use to the extent that the use
is consistent with the Wilderness Act and this Act, as determined
by the Secretary.
Subtitle C—Cooperative Management
SEC. 121. COOPERATIVE MANAGEMENT AGREEMENTS.
(a) COOPERATIVE EFFORTS.—To further the purposes and objec-
tives for which the Cooperative Management and Protection Area
is designated, the Secretary may work with non-Federal landowners
and other parties who voluntarily agree to participate in the
cooperative management of Federal and non-Federal lands in the
Cooperative Management and Protection Area.
(b) AGREEMENTS AUTHORIZED.—The Secretary may enter into
a cooperative management agreement with any party to provide
for the cooperative conservation and management of the Federal
and non-Federal lands subject to the agreement.
(c) OTHER PARTICIPANTS.—With the consent of the landowners
involved, the Secretary may permit permittees, special-use permit
holders, other Federal and State agencies, and interested members
of the public to participate in a cooperative management agreement
as appropriate to achieve the resource or land use management
objectives of the agreement.
(d) TRIBAL CULTURAL SITE PROTECTION.—The Secretary may
enter into agreements with the Burns Paiute Tribe to protect cul-
tural sites in the Cooperative Management and Protection Area
of importance to the tribe.
H. R. 4828—10
SEC. 122. COOPERATIVE EFFORTS TO CONTROL DEVELOPMENT AND
ENCOURAGE CONSERVATION.
(a) POLICY.—Development on public and private lands within
the boundaries of the Cooperative Management and Protection Area
which is different from the current character and uses of the lands
is inconsistent with the purposes of this Act.
(b) USE
OF
NONDEVELOPMENT
AND
CONSERVATION
EASE-
MENTS.—The Secretary may enter into a nondevelopment easement
or conservation easement with willing landowners to further the
purposes of this Act.
(c) CONSERVATION INCENTIVE PAYMENTS.—The Secretary may
provide technical assistance, cost-share payments, incentive pay-
ments, and education to a private landowner in the Cooperative
Management and Protection Area who enters into a contract with
the Secretary to protect or enhance ecological resources on the
private land covered by the contract if those protections or enhance-
ments benefit public lands.
(d) RELATION
TO PROPERTY RIGHTS
AND STATE
AND LOCAL
LAW.—Nothing in this Act is intended to affect rights or interests
in real property or supersede State law.
Subtitle D—Advisory Council
SEC. 131. ESTABLISHMENT OF ADVISORY COUNCIL.
(a) ESTABLISHMENT.—The Secretary shall establish the Steens
Mountain Advisory Council to advise the Secretary in managing
the Cooperative Management and Protection Area and in promoting
the cooperative management under subtitle C.
(b) MEMBERS.—The advisory council shall consist of 12 voting
members, to be appointed by the Secretary, as follows:
(1) A private landowner in the Cooperative Management
and Protection Area, appointed from nominees submitted by
the county court for Harney County, Oregon.
(2) Two persons who are grazing permittees on Federal
lands in the Cooperative Management and Protection Area,
appointed from nominees submitted by the county court for
Harney County, Oregon.
(3) A person interested in fish and recreational fishing
in the Cooperative Management and Protection Area, appointed
from nominees submitted by the Governor of Oregon.
(4) A member of the Burns Paiute Tribe, appointed from
nominees submitted by the Burns Paiute Tribe.
(5) Two persons who are recognized environmental rep-
resentatives, one of whom shall represent the State as a whole,
and one of whom is from the local area, appointed from nomi-
nees submitted by the Governor of Oregon.
(6) A person who participates in what is commonly called
dispersed recreation, such as hiking, camping, nature viewing,
nature photography, bird watching, horse back riding, or trail
walking, appointed from nominees submitted by the Oregon
State Director of the Bureau of Land Management.
(7) A person who is a recreational permit holder or is
a representative of a commercial recreation operation in the
Cooperative Management and Protection Area, appointed from
nominees submitted jointly by the Oregon State Director of
H. R. 4828—11
the Bureau of Land Management and the county court for
Harney County, Oregon.
(8) A person who participates in what is commonly called
mechanized or consumptive recreation, such as hunting, fishing,
off-road driving, hang gliding, or parasailing, appointed from
nominees submitted by the Oregon State Director of the Bureau
of Land Management.
(9) A person with expertise and interest in wild horse
management on Steens Mountain, appointed from nominees
submitted by the Oregon State Director of the Bureau of Land
Management.
(10) A person who has no financial interest in the Coopera-
tive Management and Protection Area to represent statewide
interests, appointed from nominees submitted by the Governor
of Oregon.
(c) CONSULTATION.—In reviewing nominees submitted under
subsection (b) for possible appointment to the advisory council,
the Secretary shall consult with the respective community of
interest that the nominees are to represent to ensure that the
nominees have the support of their community of interest.
(d) TERMS.—
(1) STAGGERED TERMS.—Members of the advisory council
shall be appointed for terms of 3 years, except that, of the
members first appointed, four members shall be appointed for
a term of 1 year and four members shall be appointed for
a term of 2 years.
(2) REAPPOINTMENT.—A member may be reappointed to
serve on the advisory council.
(3) VACANCY.—A vacancy on the advisory council shall
be filled in the same manner as the original appointment.
(d) CHAIRPERSON AND PROCEDURES.—The advisory council shall
elect a chairperson and establish such rules and procedures as
it deems necessary or desirable.
(e) 
SERVICE
WITHOUT
COMPENSATION.—Members 
of 
the
advisory council shall serve without pay, but the Secretary shall
reimburse members for reasonable expenses incurred in carrying
out official duties as a member of the council.
(f ) ADMINISTRATIVE SUPPORT.—The Secretary shall provide the
advisory council with necessary administrative support and shall
designate an appropriate officer of the Bureau of Land Management
to serve as the Secretary’s liaison to the council.
(g) STATE LIAISON.—The Secretary shall appoint one person,
nominated by the Governor of Oregon, to serve as the State govern-
ment 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 Protec-
tion Area, and other tools to formulate recommendations for the
Secretary regarding—
H. R. 4828—12
(1) new and unique approaches to the management of
lands within the boundaries of the Cooperative Management
and Protection Area; and
(2) cooperative programs and incentives for seamless land-
scape management that meets human needs and maintains
and improves the ecological and economic integrity of the
Cooperative Management and Protection Area.
(b) PREPARATION OF MANAGEMENT PLAN.—The Secretary shall
consult with the advisory committee as part of the preparation
and implementation of the management plan.
(c) SUBMISSION OF RECOMMENDATIONS.—No recommendations
may be presented to the Secretary by the advisory council without
the agreement of at least nine members of the advisory council.
SEC. 133. SCIENCE COMMITTEE.
The Secretary shall appoint, as needed or at the request of
the advisory council, a team of respected, knowledgeable, and
diverse scientists to provide advice on questions relating to the
management of the Cooperative Management and Protection Area
to the Secretary and the advisory council. The Secretary shall
seek the advice of the advisory council in making these appoint-
ments.
TITLE II—STEENS MOUNTAIN
WILDERNESS AREA
SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDERNESS AREA.
The Federal lands in the Cooperative Management and Protec-
tion Area depicted as wilderness on the map entitled ‘‘Steens Moun-
tain 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 Wilder-
ness 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 wilder-
ness boundary exists along a road, the wilderness boundary shall
be set back from the centerline of the road, consistent with the
Bureau of Land Management’s guidelines as established in its
Wilderness Management Policy.
(c) ACCESS TO NON-FEDERAL LANDS.—The Secretary shall pro-
vide reasonable access to private lands within the boundaries of
the Wilderness Area, as provided in section 112(d).
(d) GRAZING.—
(1) ADMINISTRATION.—Except as provided in section
113(e)(2), grazing of livestock shall be administered in accord-
ance with the provision of section 4(d)(4) of the Wilderness
Act (16 U.S.C. 1133(d)(4)), in accordance with the provisions
of this Act, and in accordance with the guidelines set forth
H. R. 4828—13
in Appendices A and B of House Report 101–405 of the 101st
Congress.
(2) RETIREMENT OF CERTAIN PERMITS.—The Secretary shall
permanently retire all grazing permits applicable to certain
lands in the Wilderness Area, as depicted on the map referred
to in section 101(a), and livestock shall be excluded from these
lands.
SEC. 203. WATER RIGHTS.
Nothing in this Act shall constitute an express or implied
claim or denial on the part of the Federal Government as to exemp-
tion from State water laws.
SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.
(a) STATUS UNAFFECTED.—Except as provided in section 502,
any wilderness study area, or portion of a wilderness study area,
within the boundaries of the Cooperative Management and Protec-
tion Area, but not included in the Wilderness Area, shall remain
a wilderness study area notwithstanding the enactment of this
Act.
(b) MANAGEMENT.—The wilderness study areas referred to in
subsection (a) shall continue to be managed under section 603(c)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)) in a manner so as not to impair the suitability of the
areas for preservation as wilderness.
(c) EXPANSION OF BASQUE HILLS WILDERNESS STUDY AREA.—
The boundaries of the Basque Hills Wilderness Study Area are
hereby expanded to include the Federal lands within sections 8,
16, 17, 21, 22, and 27 of township 36 south, range 31 east, Willam-
ette Meridian. These lands shall be managed under section 603(c)
of the Federal Lands Policy and Management Act of 1976 (43
U.S.C. 1782(c)) to protect and enhance the wilderness values of
these lands.
TITLE III—WILD AND SCENIC RIVERS
AND TROUT RESERVE
SEC. 301. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
STATUS IN STEENS MOUNTAIN AREA.
(a) EXPANSION OF DONNER UND BLITZEN WILD RIVER.—Section
3(a)(74) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(74))
is amended—
(1) by striking ‘‘the’’ at the beginning of each subparagraph
and inserting ‘‘The’’;
(2) by striking the semicolon at the end of subparagraphs
(A), (B), (C), and (D) and inserting a period;
(3) by striking ‘‘; and’’ at the end of subparagraph (E)
and inserting a period; and
(4) by adding at the end the following new subparagraphs:
‘‘(G) The 5.1 mile segment of Mud Creek from its confluence
with an unnamed spring in the SW1⁄4SE1⁄4 of section 32, town-
ship 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 head-
waters to its confluence with the Donner und Blitzen River.
H. R. 4828—14
‘‘(I) The 1.6 mile segment of the South Fork of Ankle
Creek from its confluence with an unnamed tributary in the
SE1⁄4SE1⁄4 of section 17, township 34 south, range 33 east,
to its confluence with Ankle Creek.’’.
(b) DESIGNATION OF WILDHORSE AND KIGER CREEKS, OREGON.—
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
‘‘( ) WILDHORSE AND KIGER CREEKS, OREGON.—The following
segments in the Steens Mountain Cooperative Management and
Protection Area in the State of Oregon, to be administered by
the Secretary of the Interior as wild rivers:
‘‘(A) The 2.6-mile segment of Little Wildhorse Creek from
its headwaters to its confluence with Wildhorse Creek.
‘‘(B) The 7.0-mile segment of Wildhorse Creek from its
headwaters, and including .36 stream miles into section 34,
township 34 south, range 33 east.
‘‘(C) The approximately 4.25-mile segment of Kiger Creek
from its headwaters to the point at which it leaves the Steens
Mountain Wilderness Area within the Steens Mountain
Cooperative Management and Protection Area.’’.
(c) MANAGEMENT.—Where management requirements for a
stream segment described in the amendments made by this section
differ between the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.) and the Wilderness Area, the more restrictive requirements
shall apply.
SEC. 302. DONNER UND BlITZEN RIVER REDBAND TROUT RESERVE.
(a) FINDINGS.—The Congress finds the following:
(1) Those portions of the Donner und Blitzen River in
the Wilderness Area are an exceptional environmental resource
that provides habitat for unique populations of native fish,
migratory waterfowl, and other wildlife resources, including
a unique population of redband trout.
(2) Redband trout represent a unique natural history
reflecting the Pleistocene connection between the lake basins
of eastern Oregon and the Snake and Columbia Rivers.
(b) DESIGNATION OF RESERVE.—The Secretary shall designate
the Donner und Blitzen Redband Trout Reserve consisting of the
Donner und Blitzen River in the Wilderness Area above its con-
fluence with Fish Creek and the Federal riparian lands immediately
adjacent to the river.
(c) RESERVE PURPOSES.—The purposes of the Redband Trout
Reserve are—
(1) to conserve, protect, and enhance the Donner und
Blitzen River population of redband trout and the unique eco-
system of plants, fish, and wildlife of a river system; and
(2) to provide opportunities for scientific research, environ-
mental education, and fish and wildlife oriented recreation
and access to the extent compatible with paragraph (1).
(d) EXCLUSION OF PRIVATE LANDS.—The Redband Trout Reserve
does not include any private lands adjacent to the Donner und
Blitzen River or its tributaries.
(e) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall administer all lands,
waters, and interests therein in the Redband Trout Reserve
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.)
and the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).