Steens Mountain Cooperative Management and Protection Act of 2000
PL 106-399 (H.R.4828), enacted 10/30/2000

PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1655 
Public Law 106-399 
106th Congress 
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. 
Oct. 30, 2000 
~1:H.R. 4828] 
Steens Mountain 
Cooperative 
Management and 
Protection Act of 
2000. 
16 u s e 460nnn 
note. 
16 u s e 460nnn 
note. 
114 STAT. 1656 
PUBLIC LAW 106-399—OCT. 30, 2000 
(c) TABLE OF CONTENTS.—^The table of contents of this Act 
is as follows: 
Sec. 1. Short title; piirposes; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Maps and legal descriptions. 
Sec. 4. Valid existing rights. 
Sec. 5. Protection oi tribal rights. 
TITLE I—STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND 
PROTECTION AREA 
Subtitle A—^Designation and Piirposes 
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 BUtzen 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, CM. 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. 
16 u s e 460nnn. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVISORY COUNClL.^The term "advisory council" means 
the Steens Mountain Advisory Council established by title IV. 
(2) COOPERATIVE M
A
N
A
G
E
M
E
N
T AGREEMENT.—^An agree-
ment to plan or implement (or both) cooperative recreation, 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1657 
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 L 
(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. 
16USC 
(a) PREPARATION AISTD 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. 
114 STAT. 1658 
PUBLIC LAW 106-399—OCT. 30, 2000 
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460nnn-2. 
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460min-3. 
(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 
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SEC. 101. 
DESIGNATION 
OF 
STEENS 
MOUNTAIN 
COOPERATIVE 
460nnn-ll. 
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. 
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SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE MANAGEMENT 
460nnn-12. 
AND PROTECTION AREA. 
(a) PURPOSE.—^The purpose of the Cooperative Management 
and Protection Area is to conserve, protect, and manage the long-
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1659 
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 Bums Paiute Tribe; and 
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460nnn-21. 
Deadline. 
114 STAT. 1660 
PUBLIC LAW 106-399—OCT. 30, 2000 
(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. 
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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 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1661 
right-of-way on Federal lands included in the Cooperative 
Management and Protection Area. 
SEC. 113. LAND USE AUTHORITIES. 
16USC 
(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 
114 STAT. 1662 
PUBLIC LAW 106-399—OCT. 30, 2000 
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. 
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SEC. 114. LAND ACQUISITION AUTHORITY. 
460nnn-24. 
, . . 
(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 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1663 
(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 
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460imn-25. 
SEC. 
1
2
1
. 
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 smd 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 aclueve the resource or land use management 
objectives of the agreement. 
(d) TRIBAL CULTURAL SITE PROTECTION.—^The Secretary may 
enter into agreements with the Bums Paiute Tribe to protect cul-
tural sites in the Cooperative Management and Protection Area 
of importance to the tribe. 
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460im:Q-41. 
114 STAT. 1664 
PUBLIC LAW 106-399—OCT. 30, 2000 
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 
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460nnn-51. 
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 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1665 
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 carrjdng 
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 PoHcy 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. 
16 USC 
(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— 
114 STAT. 1666 
PUBLIC LAW 106-399—OCT. 30, 2000 
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(1) new and unique approaches to the management of 
lands within the boundaries of the Cooperative Management 
and Protection Area; and 
(2) cooperative programs and incentives for seamless 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 
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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 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1667 
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. 
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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 SWy4SEy4 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. 
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114 STAT. 1668 
PUBLIC LAW 106-399—OCT. 30, 2000 
"(I) The 1.6 mile segment of the South Fork of Ankle 
Creek from its confluence with an unnamed tributary in the 
SEViSEVi 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. 
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SEC. 302. DONNER UND BUTZEN 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.). 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1669 
(2) CONSULTATION.—In administering the Redband Trout 
Reserve, the Secretary shall consult with the advisory council 
and cooperate with the Oregon Department of Fish and Wildlife. 
(3) RELATION TO RECREATION.—^To the extent consistent 
with applicable law, the Secretary shall manage recreational 
activities in the Redband Trout Reserve in a manner that 
conserves the unique population of redband trout native to 
the Donner und Blitzen River. 
(4) REMOVAL OF DAM.—^The Secretary shall remove the 
dam located below the mouth of Fish Creek and above Page 
Springs if removal of the dam is scientifically justified and 
funds are available for such purpose. 
(f) OUTREACH AND EDUCATION.—^The Secretary may work with, 
provide technical assistance to, provide community outreach and 
education programs for or with, or enter into cooperative agree-
ments with private landowners. State and local governments or 
agencies, and conservation organizations to further the purposes 
of the Redband Trout Reserve. 
TITLE IV—MINERAL WITHDRAWAL 
AREA 
SEC, 401. DESIGNATION OF MINERAL WITHDRAWAL AREA. 
(a) DESIGNATION.—Subject to valid existing rights, the Federal 
lands and interests in lands included within the withdrawal 
boundary as depicted on the map referred to in section 101(a) 
are hereby withdrawn from— 
(1) location, entry and patent under the mining laws; and 
(2) operation of the mineral leasing and geothermal leasing 
laws and from the minerals materials laws and all amendments 
thereto except as specified in subsection (b). 
(b) ROAD MAINTENANCE.—If consistent with the purposes of 
this Act and the management plan for the Cooperative Management 
and Protection Area, the Secretary may permit the development 
of saleable mineral resources, for road maintenance use only, in 
those locations identified on the map referred to in section 101(a) 
as an existing "gravel pit" within the mineral withdrawal bound-
aries (excluding the Wilderness Area, wilderness study areas, and 
designated segments of the National Wild and Scenic Rivers 
System) where such development was authorized before the date 
of the enactment of this Act. 
SEC. 402. TREATMENT OF STATE LANDS AND MINERAL INTERESTS. 
(a) ACQUISITION REQUIRED.—The Secretary shall acquire, for 
approximately equal value and as agreed to by the Secretary and 
the State of Oregon, lands and interests in lands owned by the 
State within the boundaries of the mineral withdrawal area des-
ignated pursuant to section 401. 
(b) ACQUISITION METHODS.—^The Secretary shall acquire such 
State lands and interests in lands in exchange for— 
(1) Federal lands or Federal mineral interests that are 
outside the boundaries of the mineral withdrawal area; 
(2) a monetary payment to the State; or 
(3) a combination of a conveyance under paragraph (1) 
and a monetary pa3niient under paragraph (2). 
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114 STAT. 1670 
PUBLIC LAW 106-399—OCT. 30, 2000 
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TITLE 
V—ESTABLISHMENT 
OF 
WILDLANDS JUNIPER MANAGEMENT 
AREA 
SEC. 501. WILDLANDS JUNIPER MANAGEMENT AREA. 
(a) ESTABLISHMENT.—To further the purposes of section 113(c), 
the Secretary shall establish a special management area consisting 
of certain Federal lands in the Cooperative Management and Protec-
tion 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 pur-
poses of experimentation, education, interpretation, and demonstra-
tion of active and passive management intended to restore the 
historic fire regime and native vegetation communities on Steens 
Mountain. 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to 
the 
authorization of appropriations in section 701, there is authorized 
to be appropriated $5,000,000 to carry out this title and section 
113(c) regarding juniper management in the Cooperative Manage-
ment and Protection Area. 
SEC. 
502. 
RELEASE 
FROM 
WILDERNESS 
STUDY 
AREA 
STATUS. 
The Federal lands included in the Wildlands Juniper Manage-
ment 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 
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SEC. 601. LAND EXCHANGE, ROARING SPRINGS RANCH. 
(a) EXCHANGE AUTHORIZED.—For the purpose of protecting and 
consolidating Federal lands within the Cooperative Management 
and Protection Area, the Secretary may carry out a land exchange 
with Roaring Springs Ranch, Incorporated, to convey all right, 
title, and interest of the United States in and to certain parcels 
of land under the jurisdiction of the Bureau of Land Management 
in the vicinity of Steens Mountain, Oregon, as depicted on the 
map referred to in section 605(a), consisting of a total of approxi-
mately 76,374 acres in exchange for the private lands described 
in subsection (b). 
(b) RECEIPT OF NON-FEDERAL LANDS.—AS consideration for the 
conveyance of the Federal lands referred to in subsection (a) and 
the disbursement referred to in subsection (d). Roaring Springs 
Ranch, Incorporated, shall convey to the Secretary parcels of land 
consisting of approximately 10,909 acres, as depicted on the map 
referred to in section 605(a), for inclusion in the Wilderness Area, 
a wilderness study area, and the no livestock grazing area as 
appropriate. 
(c) TREATMENT OF GRAZING.—^Paragraphs (2) and (3) of section 
113(e), relating to the effect of the cancellation in part of grazing 
permits for the South Steens allotment in the Wilderness Area 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1671 
and reassignment of use areas as described in paragraph (3)(C) 
of such section, shall apply to the land exchange authorized by 
this section. 
(d) DISBURSEMENT,—^Upon completion of the land exchange 
authorized by this section, the Secretary is authorized to make 
a disbursement to Roaring Springs Ranch, Incorporated, in the 
amount of $2,889,000. 
(e) COMPLETION OF CONVEYANCE.—^The Secretary shall com- Deadline, 
plete 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, 
CM. 
OTLEY 
AND 
OTLEY 
BROTHERS. 
1
6 
U
S
(
3 
/ x ^ uj^ /-. 
T
^ 
460nn]Q-102. 
(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 Secretsiry 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 Manage-
ment in the vicinity of Steens Mountain, Oregon, as depicted 
on the map referred to in section 605(a), consisting of a total 
of approximately 3,845 acres in exchange for the private lands 
described in paragraph (2). 
(2) RECEIPT OF NON-FEDERAL LANDS.—^As consideration for 
the conveyance of the Federal lands referred to in paragraph 
(1) and the disbursement referred to in paragraph (3), C. M, 
Otley shall convey to the Secretary a parcel of land in the 
headwaters of Kiger gorge consisting of approximately 851 
acres, as depicted on the map referred to in section 605(a), 
for inclusion in the Wilderness Area and the no livestock 
grazing area as appropriate. 
(3) DISBURSEMENT.—^Upon completion of the land exchange 
authorized by this subsection, the Secretary is authorized to 
make a disbursement to CM. Otley, in the amount of $920,000. 
(b) OTLEY BROTHERS EXCHANGE.— 
(1) EXCHANGE AUTHORIZED.—For the purpose of protecting 
and consolidating Federal lands within the 
Cooperative 
Management and Protection Area, the Secretary may carry 
out a land exchange with the Otley Brother's, Inc., to convey 
all right, title, and interest of the United States in and to 
certain parcels of land under the jurisdiction of the Bureau 
of Land Management in the vicinity of Steens Mountain, 
Oregon, as depicted on the map referred to in section 605(a), 
consisting of a total of approximately 6,881 acres in exchange 
for the private lands described in paragraph (2). 
(2) RECEIPT OF NON-FEDERAL LANDS.—AS consideration for 
the conveyance of the Federal lands referred to in paragraph 
(1) and the disbursement referred to in subsection (3), the 
Otley Brother's, Inc., shall convey to the Secretary a parcel 
of land in the headwaters of Kiger gorge consisting of approxi-
mately 505 acres, as depicted on the map referred to in section 
605(a), for inclusion in the Wilderness Area and the no livestock 
grazing area as appropriate. 
(3) DISBURSEMENT.—^Upon completion of the land exchange 
authorized by this subsection, the Secretary is authorized to 
114 STAT. 1672 
PUBLIC LAW 106-399—OCT. 30, 2000 
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make a disbursement to Otley Brother's, Inc., in the amount 
of $400,000. 
(c) COMPLETION OF CONVEYANCE.—The Secretary shall complete 
the conveyances of the Federal lands under subsections (a) and 
(b) within 70 days after the Secretary accepts the lands described 
in such subsections. 
SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVESTOCK, INCORPORATED. 
(a) EXCHANGE AUTHORIZED.—For the purpose of protecting and 
consolidating Federal lands within the Wilderness Area, the Sec-
retary may carry out a land exchange with Tom J. Davis Livestock, 
Incorporated, to convey all right, title, and interest of the United 
States in and to certain parcels of land under the jurisdiction 
of the Bureau of Land Management in the vicinity of Steens Moun-
tain, Oregon, as depicted on the map referred to in section 605(a), 
consisting of a total of approximately 5,340 acres in exchange for 
the private lands described in subsection (b). 
(b) RECEIPT OF NON-FEDERAL LANDS.—AS consideration for the 
conveyance of the Federal lands referred to in subsection (a) and 
the disbursement referred to in subsection (c), Tom J. Davis Live-
stock, Incorporated, shall convey to the Secretary a parcel of land 
consisting of approximately 5,103 acres, as depicted on the map 
referred to in section 605(a), for inclusion in the Wilderness Area. 
(c) DISBURSEMENT.—^Upon completion of the land exchange 
authorized by this section, the Secretary is authorized to make 
a disbursement to Tom J. Davis Livestock, Incorporated, in the 
amount of $800,000. 
(d) COMPLETION OF CONVEYANCE.—^The Secretary shall com-
plete the conveyance of the Federal lands under subsection (a) 
within 70 days after the Secretary accepts the lands described 
in subsection (b). 
SEC. 604. LAND EXCHANGE, LOWTHER (CLEMENS) RANCH. 
(a) EXCHANGE AUTHORIZED.—For the purpose of protecting and 
consolidating Federal lands within the Cooperative Management 
and Protection Area, the Secretary may carry out a land exchange 
with the Lowther (Clemens) Ranch to convey all right, title, and 
interest of the United States in and to certain parcels of land 
under the jurisdiction of the Bureau of Land Management in the 
vicinity of Steens Mountain, Oregon, as depicted on the map 
referred to in section 605(a), consisting of a total of approximately 
11,796 acres in exchange for the private lands described in sub-
section (b). 
(b) RECEIPT OF NON-FEDERAL LANDS.—^As consideration for the 
conveyance of the Federal lands referred to in subsection (a) and 
the disbursement referred to in subsection (d), the Lowther 
(Clemens) Ranch shall convey to the Secretary a parcel of land 
consisting of approximately 1,078 acres, as depicted on the map 
referred to in section 605(a), for inclusion in the Cooperative 
Management and Protection Area. 
(c) TREATMENT OF GRAZING.—Paragraphs (2) and (3) of section 
113(e), relating to the effect of the cancellation in whole of the 
grazing permit for the Fish Creek/Big Indian allotment in the 
Wilderness Area and reassignment of use areas as described in 
paragraph (3)(D) of such section, shall apply to the land exchange 
authorized by this section. 
(d) DISBURSEMENT.—Upon completion of the land exchange 
authorized by this section, the Secretary is authorized to make 
PUBLIC LAW 106-399—OCT. 30, 2000 
114 STAT. 1673 
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a disbursement to Lowther (Clemens) Ranch, in the amount of 
$148,000. 
(e) COMPLETION OF CONVEYANCE.—The Secretary shall com- Deadline, 
plete the conveyance of the Federal lands under subsection (a) 
within 70 days after the Secretary accepts the lands described 
in subsection (b). 
SEC. 605. GENERAL PROVISIONS APPLICABLE TO LAND EXCHANGES. 
(a) MAP.—The land conveyances described in this title are 
generally depicted on the map entitled "Steens Mountain Land 
Exchanges" and dated September 18, 2000. 
(b) APPLICABLE LAW.—Except as otherwise provided in this 
section, the exchange of Federal land under this title is subject 
to the existing laws and regulations applicable to the conveyance 
and acquisition of land under the jurisdiction of the Bureau of 
Land Management. It is anticipated that the Secretary will be 
able to carry out such land exchanges without the promulgation 
of additional regulations and without regard to the notice and 
comment provisions of section 553 of title 5, United States Code. 
(c) CONDITIONS ON ACCEPTANCE.—^Title to the non-Federal lands 
to be conveyed under this title must be acceptable to the Secretary, 
and the conveyances shall be subject to valid existing rights of 
record. The non-Federal lands shall conform with the title approval 
standards applicable to Federal land acquisitions. 
(d) LEGAL DESCRIPTIONS.—^The exact acreage and legal descrip-
tion of all lands to be exchanged under this title shall be determined 
by surveys satisfactory to the Secretary. The costs of any such 
survey, as well as other administrative costs incurred to execute 
a land exchange under this title, shall be borne by the Secretary. 
TITLE VII—FUNDING AUTHORITIES 
SEC 701. AUTHORIZATION OF APPROPRIATIONS. 
Except as provided in sections 501(c) and 702, there is hereby 
authorized to be appropriated such sums as may be necessary 
to carry out this Act. 
SEC. 702. USE OF LAND AND WATER CONSERVATION FUND. 
(a) AVAILABILITY OF FUND.—^There are authorized to be appro-
priated $25,000,000 from the land and water conservation fund 
established under section 2 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-5) to provide funds for the 
acquisition of land and interests in land under section 114 and 
to enter into nondevelopment easements and conservation ease-
ments under subsections (b) and (c) of section 122. 
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114 STAT. 1674 
PUBLIC LAW 106-399—OCT. 30, 2000 
(b) TERM OF USE.—^Amounts appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain avail-
able until expended. 
Approved October 30, 2000. 
LEGISLATIVE HISTORY—H.R. 4828: 
HOUSE REPORTS: No. 106-929, Pt. 1 (Comm. on Resotirces). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 4, considered and passed House. 
Oct. 12, considered and passed Senate.