[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4828 Enrolled Bill (ENR)]
H.R.4828
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To designate the Steens Mountain Wilderness Area and the Steens Mountain
Cooperative Management and Protection Area in Harney County, Oregon, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Steens Mountain
Cooperative Management and Protection Act of 2000''.
(b) Purposes.--The purposes of this Act are the following:
(1) To maintain the cultural, economic, ecological, and social
health of the Steens Mountain area in Harney County, Oregon.
(2) To designate the Steens Mountain Wilderness Area.
(3) To designate the Steens Mountain Cooperative Management and
Protection Area.
(4) To provide for the acquisition of private lands through
exchange for inclusion in the Wilderness Area and the Cooperative
Management and Protection Area.
(5) To provide for and expand cooperative management activities
between public and private landowners in the vicinity of the
Wilderness Area and surrounding lands.
(6) To authorize the purchase of land and development and
nondevelopment rights.
(7) To designate additional components of the National Wild and
Scenic Rivers System.
(8) To establish a reserve for redband trout and a wildlands
juniper management area.
(9) To establish a citizens' management advisory council for
the Cooperative Management and Protection Area.
(10) To maintain and enhance cooperative and innovative
management practices between the public and private land managers
in the Cooperative Management and Protection Area.
(11) To promote viable and sustainable grazing and recreation
operations on private and public lands.
(12) To conserve, protect, and manage for healthy watersheds
and the long-term ecological integrity of Steens Mountain.
(13) To authorize only such uses on Federal lands in the
Cooperative Management and Protection Area that are consistent with
the purposes of this Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE I

-STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

protection Area.
Subtitle B--Management of Federal Lands

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conservation.
Subtitle D--Advisory Council

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TITLE III

-WILD AND SCENIC RIVERS AND TROUT RESERVE

In this Act:
(1) Advisory council.--The term ``advisory council'' means the
Steens Mountain Advisory Council established by title IV.
(2) Cooperative management agreement.--An agreement to plan or
implement (or both) cooperative recreation, ecological, grazing,
fishery, vegetation, prescribed fire, cultural site protection,
wildfire or other measures to beneficially meet public use needs
and the public land and private land objectives of this Act.
(3) Cooperative Management and Protection Area.--The term
``Cooperative Management and Protection Area'' means the Steens
Mountain Cooperative Management and Protection Area designated by
title I.
(4) Easements.--
(A) Conservation easement.--The term ``conservation
easement'' means a binding contractual agreement between the
Secretary and a landowner in the Cooperative Management and
Protection Area under which the landowner, permanently or
during a time period specified in the agreement, agrees to
conserve or restore habitat, open space, scenic, or other
ecological resource values on the land covered by the easement.
(B) Nondevelopment easement.--The term ``nondevelopment
easement'' means a binding contractual agreement between the
Secretary and a landowner in the Cooperative Management and
Protection Area that will, permanently or during a time period
specified in the agreement--
(i) prevent or restrict development on the land covered
by the easement; or
(ii) protect open space or viewshed.
(5) Ecological integrity.--The term ``ecological integrity''
means a landscape where ecological processes are functioning to
maintain the structure, composition, activity, and resilience of
the landscape over time, including--
(A) a complex of plant communities, habitats and conditions
representative of variable and sustainable successional
conditions; and
(B) the maintenance of biological diversity, soil
fertility, and genetic interchange.
(6) Management plan.--The term ``management plan'' means the
management plan for the Cooperative Management and Protection Area
and the Wilderness Area required to be prepared by section 111(b).
(7) Redband trout reserve.--The term ``Redband Trout Reserve''
means the Donner und Blitzen Redband Trout Reserve designated by
section 302.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Land Management.
(9) Science committee.--The term ``science committee'' means
the committee of independent scientists appointed under section
133.
(10) Wilderness area.--The term ``Wilderness Area'' means the
Steens Mountain Wilderness Area designated by title II.

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TITLE VII

-FUNDING AUTHORITIES

(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.
(3) The wild and scenic river segments and redband trout
reserve designated by title III.
(4) The mineral withdrawal area designated by title IV.
(5) The wildlands juniper management area established by title
V.
(6) The land exchanges required by title VI.
(b) Legal Effect and Correction.--The maps and legal descriptions
referred to in subsection (a) shall have the same force and effect as
if included in this Act, except the Secretary may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Public Availability.--Copies of the maps and legal descriptions
referred to in subsection (a) shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management and in the appropriate office of the Bureau of Land
Management in the State of Oregon.

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Nothing in this Act shall effect any valid existing right.

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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.
Subtitle A--Designation and Purposes

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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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PROTECTION AREA.
(a) Purpose.--The purpose of the Cooperative Management and
Protection Area is to conserve, protect, and manage the long-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

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(a) In General.--The Secretary shall manage all Federal lands
included in the Cooperative Management and Protection Area pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and other applicable provisions of law, including this Act, in a
manner that--
(1) ensures the conservation, protection, and improved
management of the ecological, social and economic environment of
the Cooperative Management and Protection Area, including
geological, biological, wildlife, riparian, and scenic resources,
North American Indian tribal and cultural and archaeological
resource sites, and additional cultural and historic sites; and
(2) recognizes and allows current and historic recreational
use.
(b) Management Plan.--Within 4 years after the date of the
enactment of this Act, the Secretary shall develop a comprehensive plan
for the long-range protection and management of the Federal lands
included in the Cooperative Management and Protection Area, including
the Wilderness Area. The plan shall--
(1) describe the appropriate uses and management of the
Cooperative Management and Protection Area consistent with this
Act;
(2) incorporate, as appropriate, decisions contained in any
current or future management or activity plan for the Cooperative
Management and Protection Area and use information developed in
previous studies of the lands within or adjacent to the Cooperative
Management and Protection Area;
(3) provide for coordination with State, county, and private
local landowners and the Burns Paiute Tribe; and
(4) determine measurable and achievable management objectives,
consistent with the management objectives in section 102, to ensure
the ecological integrity of the area.
(c) Monitoring.--The Secretary shall implement a monitoring program
for Federal lands in the Cooperative Management and Protection Area so
that progress towards ecological integrity objectives can be
determined.

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(a) Transportation Plan.--The management plan shall include, as an
integral part, a comprehensive transportation plan for the Federal
lands included in the Cooperative Management and Protection Area, which
shall address the maintenance, improvement, and closure of roads and
trails as well as travel access.
(b) Prohibition on Off-Road Motorized Travel.--
(1) Prohibition.--The use of motorized or mechanized vehicles
on Federal lands included in the Cooperative Management and
Protection Area--
(A) is prohibited off road; and
(B) is limited to such roads and trails as may be
designated for their use as part of the management plan.
(2) Exceptions.--Paragraph (1) does not prohibit the use of
motorized or mechanized vehicles on Federal lands included in the
Cooperative Management and Protection Area if the Secretary
determines that such use--
(A) is needed for administrative purposes or to respond to
an emergency; or
(B) is appropriate for the construction or maintenance of
agricultural facilities, fish and wildlife management, or
ecological restoration projects, except in areas designated as
wilderness or managed under the provisions of section 603(c) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782).
(c) Road Closures.--Any determination to permanently close an
existing road in the Cooperative Management and Protection Area or to
restrict the access of motorized or mechanized vehicles on certain
roads shall be made in consultation with the advisory council and the
public.
(d) Prohibition on New Construction.--
(1) Prohibition, exception.--No new road or trail for motorized
or mechanized vehicles may be constructed on Federal lands in the
Cooperative Management and Protection Area unless the Secretary
determines that the road or trail is necessary for public safety or
protection of the environment. Any determination under this
subsection shall be made in consultation with the advisory council
and the public.
(2) Trails.--Nothing in this subsection is intended to limit
the authority of the Secretary to construct or maintain trails for
nonmotorized or nonmechanized use.
(e) Access to Nonfederally Owned Lands.--
(1) Reasonable access.--The Secretary shall provide reasonable
access to nonfederally owned lands or interests in land within the
boundaries of the Cooperative Management and Protection Area and
the Wilderness Area to provide the owner of the land or interest
the reasonable use thereof.
(2) Effect on existing rights-of-way.--Nothing in this Act
shall have the effect of terminating any valid existing right-of-
way on Federal lands included in the Cooperative Management and
Protection Area.

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(a) In General.--The Secretary shall allow only such uses of the
Federal lands included in the Cooperative Management and Protection
Area as the Secretary finds will further the purposes for which the
Cooperative Management and Protection Area is established.
(b) Commercial Timber.--
(1) Prohibition.--The Federal lands included in the Cooperative
Management and Protection Area shall not be made available for
commercial timber harvest.
(2) Limited exception.--The Secretary may authorize the removal
of trees from Federal lands in the Cooperative Management and
Protection Area only if the Secretary determines that the removal
is clearly needed for purposes of ecological restoration and
maintenance or for public safety. Except in the Wilderness Area and
the wilderness study areas referred to in section 204(a), the
Secretary may authorize the sale of products resulting from the
authorized removal of trees under this paragraph.
(c) Juniper Management.--The Secretary shall emphasize the
restoration of the historic fire regime in the Cooperative Management
and Protection Area and the resulting native vegetation communities
through active management of Western Juniper on a landscape level.
Management measures shall include the use of natural and prescribed
burning.
(d) Hunting, Fishing, and Trapping.--
(1) Authorization.--The Secretary shall permit hunting,
fishing, and trapping on Federal lands included in the Cooperative
Management and Protection Area in accordance with applicable laws
and regulations of the United States and the State of Oregon.
(2) Area and time limitations.--After consultation with the
Oregon Department of Fish and Wildlife, the Secretary may designate
zones where, and establish periods when, hunting, trapping or
fishing is prohibited on Federal lands included in the Cooperative
Management and Protection Area for reasons of public safety,
administration, or public use and enjoyment.
(e) Grazing.--
(1) Continuation of existing law.--Except as otherwise provided
in this section and title VI, the laws, regulations, and executive
orders otherwise applicable to the Bureau of Land Management in
issuing and administering grazing leases and permits on lands under
its jurisdiction shall apply in regard to the Federal lands
included in the Cooperative Management and Protection Area.
(2) Cancellation of certain permits.--The Secretary shall
cancel that portion of the permitted grazing on Federal lands in
the Fish Creek/Big Indian, East Ridge, and South Steens allotments
located within the area designated as the ``no livestock grazing
area'' on the map referred to in section 101(a). Upon cancellation,
future grazing use in that designated area is prohibited. The
Secretary shall be responsible for installing and maintaining any
fencing required for resource protection within the designated no
livestock grazing area.
(3) Forage replacement.--Reallocation of available forage shall
be made as follows:
(A) O'Keefe pasture within the Miners Field allotment to
Stafford Ranches.
(B) Fields Seeding and Bone Creek Pasture east of the
county road within the Miners Field allotment to Amy Ready.
(C) Miners Field Pasture, Schouver Seeding and Bone Creek
Pasture west of the county road within the Miners Field
allotment to Roaring Springs Ranch.
(D) 800 animal unit months within the Crows Nest allotment
to Lowther (Clemens) Ranch.
(4) Fencing and water systems.--The Secretary shall also
construct fencing and develop water systems as necessary to allow
reasonable and efficient livestock use of the forage resources
referred to in paragraph (3).
(f) Prohibition on Construction of Facilities.--No new facilities
may be constructed on Federal lands included in the Cooperative
Management and Protection Area unless the Secretary determines that the
structure--
(1) will be minimal in nature;
(2) is consistent with the purposes of this Act; and
(3) is necessary--
(A) for enhancing botanical, fish, wildlife, or watershed
conditions;
(B) for public information, health, or safety;
(C) for the management of livestock; or
(D) for the management of recreation, but not for the
promotion of recreation.
(g) Withdrawal.--Subject to valid existing rights, the Federal
lands and interests in lands included in the Cooperative Management and
Protection Areas are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws, except in the
case of land exchanges if the Secretary determines that the exchange
furthers the purpose and objectives specified in section 102 and so
certifies to Congress.

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(a) Acquisition.--
(1) Acquisition authorized.--In addition to the land
acquisitions authorized by title VI, the Secretary may acquire
other non-Federal lands and interests in lands located within the
boundaries of the Cooperative Management and Protection Area or the
Wilderness Area.
(2) Acquisition methods.--Lands may be acquired under this
subsection only by voluntary exchange, donation, or purchase from
willing sellers.
(b) Treatment of Acquired Lands.--
(1) In general.--Subject to paragraphs (2) and (3), lands or
interests in lands acquired under subsection (a) or title VI that
are located within the boundaries of the Cooperative Management and
Protection Area shall--
(A) become part of the Cooperative Management and
Protection Area; and
(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.

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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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(a) Cooperative Efforts.--To further the purposes and objectives
for which the Cooperative Management and Protection Area is designated,
the Secretary may work with non-Federal landowners and other parties
who voluntarily agree to participate in the cooperative management of
Federal and non-Federal lands in the Cooperative Management and
Protection Area.
(b) Agreements Authorized.--The Secretary may enter into a
cooperative management agreement with any party to provide for the
cooperative conservation and management of the Federal and non-Federal
lands subject to the agreement.
(c) Other Participants.--With the consent of the landowners
involved, the Secretary may permit permittees, special-use permit
holders, other Federal and State agencies, and interested members of
the public to participate in a cooperative management agreement as
appropriate to achieve the resource or land use management objectives
of the agreement.
(d) Tribal Cultural Site Protection.--The Secretary may enter into
agreements with the Burns Paiute Tribe to protect cultural sites in the
Cooperative Management and Protection Area of importance to the tribe.

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CONSERVATION.
(a) Policy.--Development on public and private lands within the
boundaries of the Cooperative Management and Protection Area which is
different from the current character and uses of the lands is
inconsistent with the purposes of this Act.
(b) Use of Nondevelopment and Conservation Easements.--The
Secretary may enter into a nondevelopment easement or conservation
easement with willing landowners to further the purposes of this Act.
(c) Conservation Incentive Payments.--The Secretary may provide
technical assistance, cost-share payments, incentive payments, and
education to a private landowner in the Cooperative Management and
Protection Area who enters into a contract with the Secretary to
protect or enhance ecological resources on the private land covered by
the contract if those protections or enhancements benefit public lands.
(d) Relation to Property Rights and State and Local Law.--Nothing
in this Act is intended to affect rights or interests in real property
or supersede State law.
Subtitle D--Advisory Council

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(a) Establishment.--The Secretary shall establish the Steens
Mountain Advisory Council to advise the Secretary in managing the
Cooperative Management and Protection Area and in promoting the
cooperative management under subtitle C.
(b) Members.--The advisory council shall consist of 12 voting
members, to be appointed by the Secretary, as follows:
(1) A private landowner in the Cooperative Management and
Protection Area, appointed from nominees submitted by the county
court for Harney County, Oregon.
(2) Two persons who are grazing permittees on Federal lands in
the Cooperative Management and Protection Area, appointed from
nominees submitted by the county court for Harney County, Oregon.
(3) A person interested in fish and recreational fishing in the
Cooperative Management and Protection Area, appointed from nominees
submitted by the Governor of Oregon.
(4) A member of the Burns Paiute Tribe, appointed from nominees
submitted by the Burns Paiute Tribe.
(5) Two persons who are recognized environmental
representatives, one of whom shall represent the State as a whole,
and one of whom is from the local area, appointed from nominees
submitted by the Governor of Oregon.
(6) A person who participates in what is commonly called
dispersed recreation, such as hiking, camping, nature viewing,
nature photography, bird watching, horse back riding, or trail
walking, appointed from nominees submitted by the Oregon State
Director of the Bureau of Land Management.
(7) A person who is a recreational permit holder or is a
representative of a commercial recreation operation in the
Cooperative Management and Protection Area, appointed from nominees
submitted jointly by the Oregon State Director of the Bureau of
Land Management and the county court for Harney County, Oregon.
(8) A person who participates in what is commonly called
mechanized or consumptive recreation, such as hunting, fishing,
off-road driving, hang gliding, or parasailing, appointed from
nominees submitted by the Oregon State Director of the Bureau of
Land Management.
(9) A person with expertise and interest in wild horse
management on Steens Mountain, appointed from nominees submitted by
the Oregon State Director of the Bureau of Land Management.
(10) A person who has no financial interest in the Cooperative
Management and Protection Area to represent statewide interests,
appointed from nominees submitted by the Governor of Oregon.
(c) Consultation.--In reviewing nominees submitted under subsection
(b) for possible appointment to the advisory council, the Secretary
shall consult with the respective community of interest that the
nominees are to represent to ensure that the nominees have the support
of their community of interest.
(d) Terms.--
(1) Staggered terms.--Members of the advisory council shall be
appointed for terms of 3 years, except that, of the members first
appointed, four members shall be appointed for a term of 1 year and
four members shall be appointed for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on the
advisory council.
(3) Vacancy.--A vacancy on the advisory council shall be filled
in the same manner as the original appointment.
(d) Chairperson and Procedures.--The advisory council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(e) Service Without Compensation.--Members of the advisory council
shall serve without pay, but the Secretary shall reimburse members for
reasonable expenses incurred in carrying out official duties as a
member of the council.
(f) Administrative Support.--The Secretary shall provide the
advisory council with necessary administrative support and shall
designate an appropriate officer of the Bureau of Land Management to
serve as the Secretary's liaison to the council.
(g) State Liaison.--The Secretary shall appoint one person,
nominated by the Governor of Oregon, to serve as the State government
liaison to the advisory council.
(h) Applicable Law.--The advisory committee shall be subject to the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and the Federal Advisory Committee Act (5 U.S.C. App.).

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(a) Management Recommendations.--The advisory committee shall
utilize sound science, existing plans for the management of Federal
lands included in the Cooperative Management and Protection Area, and
other tools to formulate recommendations for the Secretary regarding--
(1) new and unique approaches to the management of lands within
the boundaries of the Cooperative Management and Protection Area;
and
(2) cooperative programs and incentives for seamless landscape
management that meets human needs and maintains and improves the
ecological and economic integrity of the Cooperative Management and
Protection Area.
(b) Preparation of Management Plan.--The Secretary shall consult
with the advisory committee as part of the preparation and
implementation of the management plan.
(c) Submission of Recommendations.--No recommendations may be
presented to the Secretary by the advisory council without the
agreement of at least nine members of the advisory council.

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The Secretary shall appoint, as needed or at the request of the
advisory council, a team of respected, knowledgeable, and diverse
scientists to provide advice on questions relating to the management of
the Cooperative Management and Protection Area to the Secretary and the
advisory council. The Secretary shall seek the advice of the advisory
council in making these appointments.

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The Federal lands in the Cooperative Management and Protection Area
depicted as wilderness on the map entitled ``Steens Mountain Wilderness
Area'' and dated September 18, 2000, are hereby designated as
wilderness and therefore as a component of the National Wilderness
Preservation System. The wilderness area shall be known as the Steens
Mountain Wilderness Area.

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TITLE II

-STEENS MOUNTAIN WILDERNESS AREA

(a) General Rule.--The Secretary shall administer the Wilderness
Area in accordance with this title and the Wilderness Act (16 U.S.C.
1131 et seq.). Any reference in the Wilderness Act to the effective
date of that Act (or any similar reference) shall be deemed to be a
reference to the date of the enactment of this Act.
(b) Wilderness Boundaries Along Roads.--Where a wilderness boundary
exists along a road, the wilderness boundary shall be set back from the
centerline of the road, consistent with the Bureau of Land Management's
guidelines as established in its Wilderness Management Policy.
(c) Access to Non-Federal Lands.--The Secretary shall provide
reasonable access to private lands within the boundaries of the
Wilderness Area, as provided in section 112(d).
(d) Grazing.--
(1) Administration.--Except as provided in section 113(e)(2),
grazing of livestock shall be administered in accordance with the
provision of section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), in accordance with the provisions of this Act, and in
accordance with the guidelines set forth 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.

34f63f0c4d2207fa4a04a18c2033203824b0c56e77c46c5d805c1b1305033703

Nothing in this Act shall constitute an express or implied claim or
denial on the part of the Federal Government as to exemption from State
water laws.

926400a72045c0d3be37a61b5e9487bd9d3534e00317bbc0bb83123880e0808e

(a) Status Unaffected.--Except as provided in section 502, any
wilderness study area, or portion of a wilderness study area, within
the boundaries of the Cooperative Management and Protection Area, but
not included in the Wilderness Area, shall remain a wilderness study
area notwithstanding the enactment of this Act.
(b) Management.--The wilderness study areas referred to in
subsection (a) shall continue to be managed under section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) in a
manner so as not to impair the suitability of the areas for
preservation as wilderness.
(c) Expansion of Basque Hills Wilderness Study Area.--The
boundaries of the Basque Hills Wilderness Study Area are hereby
expanded to include the Federal lands within sections 8, 16, 17, 21,
22, and 27 of township 36 south, range 31 east, Willamette Meridian.
These lands shall be managed under section 603(c) of the Federal Lands
Policy and Management Act of 1976 (43 U.S.C. 1782(c)) to protect and
enhance the wilderness values of these lands.

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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 SW\1/4\SE\1/4\ of section 32,
township 33 south, range 33 east, to its confluence with the Donner
und Blitzen River.
``(H) The 8.1 mile segment of Ankle Creek from its headwaters
to its confluence with the Donner und Blitzen River.
``(I) The 1.6 mile segment of the South Fork of Ankle Creek
from its confluence with an unnamed tributary in the SE\1/4\SE\1/4\
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.

cd92448e603e680c413f9429ac0edbca64279dc9002fda573ba5fb627e077870

(a) Findings.--The Congress finds the following:
(1) Those portions of the Donner und Blitzen River in the
Wilderness Area are an exceptional environmental resource that
provides habitat for unique populations of native fish, migratory
waterfowl, and other wildlife resources, including a unique
population of redband trout.
(2) Redband trout represent a unique natural history reflecting
the Pleistocene connection between the lake basins of eastern
Oregon and the Snake and Columbia Rivers.
(b) Designation of Reserve.--The Secretary shall designate the
Donner und Blitzen Redband Trout Reserve consisting of the Donner und
Blitzen River in the Wilderness Area above its confluence with Fish
Creek and the Federal riparian lands immediately adjacent to the river.
(c) Reserve Purposes.--The purposes of the Redband Trout Reserve
are--
(1) to conserve, protect, and enhance the Donner und Blitzen
River population of redband trout and the unique ecosystem of
plants, fish, and wildlife of a river system; and
(2) to provide opportunities for scientific research,
environmental education, and fish and wildlife oriented recreation
and access to the extent compatible with paragraph (1).
(d) Exclusion of Private Lands.--The Redband Trout Reserve does not
include any private lands adjacent to the Donner und Blitzen River or
its tributaries.
(e) Administration.--
(1) In general.--The Secretary shall administer all lands,
waters, and interests therein in the Redband Trout Reserve
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.) and the
Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
(2) Consultation.--In administering the Redband Trout Reserve,
the Secretary shall consult with the advisory council and cooperate
with the Oregon Department of Fish and Wildlife.
(3) Relation to recreation.--To the extent consistent with
applicable law, the Secretary shall manage recreational activities
in the Redband Trout Reserve in a manner that conserves the unique
population of redband trout native to the Donner und Blitzen River.
(4) Removal of dam.--The Secretary shall remove the dam located
below the mouth of Fish Creek and above Page Springs if removal of
the dam is scientifically justified and funds are available for
such purpose.
(f) Outreach and Education.--The Secretary may work with, provide
technical assistance to, provide community outreach and education
programs for or with, or enter into cooperative agreements with private
landowners, State and local governments or agencies, and conservation
organizations to further the purposes of the Redband Trout Reserve.

62c05a310c5524bb151a0e2a15d369a89d652b2f11cd90df90949bf3eda7856d

(a) Designation.--Subject to valid existing rights, the Federal
lands and interests in lands included within the withdrawal boundary as
depicted on the map referred to in section 101(a) are hereby withdrawn
from--
(1) location, entry and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing
laws and from the minerals materials laws and all amendments
thereto except as specified in subsection (b).
(b) Road Maintenance.--If consistent with the purposes of this Act
and the management plan for the Cooperative Management and Protection
Area, the Secretary may permit the development of saleable mineral
resources, for road maintenance use only, in those locations identified
on the map referred to in section 101(a) as an existing ``gravel pit''
within the mineral withdrawal boundaries (excluding the Wilderness
Area, wilderness study areas, and designated segments of the National
Wild and Scenic Rivers System) where such development was authorized
before the date of the enactment of this Act.

d7644d0aa048ad7554a119b454d4549720c64f19dd1086b362615d8f3874503b

TITLE IV

-MINERAL WITHDRAWAL AREA

(a) Acquisition Required.--The Secretary shall acquire, for
approximately equal value and as agreed to by the Secretary and the
State of Oregon, lands and interests in lands owned by the State within
the boundaries of the mineral withdrawal area designated pursuant to
section 401.
(b) Acquisition Methods.--The Secretary shall acquire such State
lands and interests in lands in exchange for--
(1) Federal lands or Federal mineral interests that are outside
the boundaries of the mineral withdrawal area;
(2) a monetary payment to the State; or
(3) a combination of a conveyance under paragraph (1) and a
monetary payment under paragraph (2).

b84921e60e2491ecb2a8b95202015aa78c3ab43606c81c88d179df51b7e76977

(a) Establishment.--To further the purposes of section 113(c), the
Secretary shall establish a special management area consisting of
certain Federal lands in the Cooperative Management and Protection
Area, as depicted on the map referred to in section 101(a), which shall
be known as the Wildlands Juniper Management Area.
(b) Management.--Special management practices shall be adopted for
the Wildlands Juniper Management Area for the purposes of
experimentation, education, interpretation, and demonstration of active
and passive management intended to restore the historic fire regime and
native vegetation communities on Steens Mountain.
(c) Authorization of Appropriations.--In addition to the
authorization of appropriations in section 701, there is authorized to
be appropriated $5,000,000 to carry out this title and section 113(c)
regarding juniper management in the Cooperative Management and
Protection Area.

5001c38e76be777703a09bf82e7f7a4b52ca5bba68d85b7b61a835d7d972b69a

TITLE V

-ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

The Federal lands included in the Wildlands Juniper Management Area
established under section 501 are no longer subject to the requirement
of section 603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)) pertaining to managing the lands so as not to
impair the suitability of the lands for preservation as wilderness.

7b025ec4b7382822616ce9f42417ee925fc08fc8878ae671a35b5bd8b6d9333a

(a) Exchange Authorized.--For the purpose of protecting and
consolidating Federal lands within the Cooperative Management and
Protection Area, the Secretary may carry out a land exchange with
Roaring Springs Ranch, Incorporated, to convey all right, title, and
interest of the United States in and to certain parcels of land under
the jurisdiction of the Bureau of Land Management in the vicinity of
Steens Mountain, Oregon, as depicted on the map referred to in section
605(a), consisting of a total of approximately 76,374 acres in exchange
for the private lands described in subsection (b).
(b) Receipt of Non-Federal Lands.--As consideration for the
conveyance of the Federal lands referred to in subsection (a) and the
disbursement referred to in subsection (d), Roaring Springs Ranch,
Incorporated, shall convey to the Secretary parcels of land consisting
of approximately 10,909 acres, as depicted on the map referred to in
section 605(a), for inclusion in the Wilderness Area, a wilderness
study area, and the no livestock grazing area as appropriate.
(c) Treatment of Grazing.--Paragraphs (2) and (3) of section
113(e), relating to the effect of the cancellation in part of grazing
permits for the South Steens allotment in the Wilderness Area and
reassignment of use areas as described in paragraph (3)(C) of such
section, shall apply to the land exchange authorized by this section.
(d) Disbursement.--Upon completion of the land exchange authorized
by this section, the Secretary is authorized to make a disbursement to
Roaring Springs Ranch, Incorporated, in the amount of $2,889,000.
(e) Completion of Conveyance.--The Secretary shall complete the
conveyance of the Federal lands under subsection (a) within 70 days
after the Secretary accepts the lands described in subsection (b).

8ab450480210ff78f677d0626fabd5bde3d14acaa01a3057582633e247df9d8f

TITLE VI

-LAND EXCHANGES

(a) C. M. Otley Exchange.--
(1) Exchange authorized.--For the purpose of protecting and
consolidating Federal lands within the Cooperative Management and
Protection Area, the Secretary may carry out a land exchange with
C. M. Otley to convey all right, title, and interest of the United
States in and to certain parcels of land under the jurisdiction of
the Bureau of Land Management in the vicinity of Steens Mountain,
Oregon, as depicted on the map referred to in section 605(a),
consisting of a total of approximately 3,845 acres in exchange for
the private lands described in paragraph (2).
(2) Receipt of non-federal lands.--As consideration for the
conveyance of the Federal lands referred to in paragraph (1) and
the disbursement referred to in paragraph (3), C. M. Otley shall
convey to the Secretary a parcel of land in the headwaters of Kiger
gorge consisting of approximately 851 acres, as depicted on the map
referred to in section 605(a), for inclusion in the Wilderness Area
and the no livestock grazing area as appropriate.
(3) Disbursement.--Upon completion of the land exchange
authorized by this subsection, the Secretary is authorized to make
a disbursement to C.M. Otley, in the amount of $920,000.
(b) Otley Brothers Exchange.--
(1) Exchange authorized.--For the purpose of protecting and
consolidating Federal lands within the Cooperative Management and
Protection Area, the Secretary may carry out a land exchange with
the Otley Brother's, Inc., to convey all right, title, and interest
of the United States in and to certain parcels of land under the
jurisdiction of the Bureau of Land Management in the vicinity of
Steens Mountain, Oregon, as depicted on the map referred to in
section 605(a), consisting of a total of approximately 6,881 acres
in exchange for the private lands described in paragraph (2).
(2) Receipt of non-federal lands.--As consideration for the
conveyance of the Federal lands referred to in paragraph (1) and
the disbursement referred to in subsection (3), the Otley
Brother's, Inc., shall convey to the Secretary a parcel of land in
the headwaters of Kiger gorge consisting of approximately 505
acres, as depicted on the map referred to in section 605(a), for
inclusion in the Wilderness Area and the no livestock grazing area
as appropriate.
(3) Disbursement.--Upon completion of the land exchange
authorized by this subsection, the Secretary is authorized to 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.

0687ab58b23ce97b1f75ed123a96501a0474f4f60a7ec407cc17e12a5bafc948

(a) Exchange Authorized.--For the purpose of protecting and
consolidating Federal lands within the Wilderness Area, the Secretary
may carry out a land exchange with Tom J. Davis Livestock,
Incorporated, to convey all right, title, and interest of the United
States in and to certain parcels of land under the jurisdiction of the
Bureau of Land Management in the vicinity of Steens Mountain, Oregon,
as depicted on the map referred to in section 605(a), consisting of a
total of approximately 5,340 acres in exchange for the private lands
described in subsection (b).
(b) Receipt of Non-Federal Lands.--As consideration for the
conveyance of the Federal lands referred to in subsection (a) and the
disbursement referred to in subsection (c), Tom J. Davis Livestock,
Incorporated, shall convey to the Secretary a parcel of land consisting
of approximately 5,103 acres, as depicted on the map referred to in
section 605(a), for inclusion in the Wilderness Area.
(c) Disbursement.--Upon completion of the land exchange authorized
by this section, the Secretary is authorized to make a disbursement to
Tom J. Davis Livestock, Incorporated, in the amount of $800,000.
(d) Completion of Conveyance.--The Secretary shall complete the
conveyance of the Federal lands under subsection (a) within 70 days
after the Secretary accepts the lands described in subsection (b).

762131f309c38ea9900a213550a9525d90c9f32723063bcbc33d454e357c8eee

(a) Exchange Authorized.--For the purpose of protecting and
consolidating Federal lands within the Cooperative Management and
Protection Area, the Secretary may carry out a land exchange with the
Lowther (Clemens) Ranch to convey all right, title, and interest of the
United States in and to certain parcels of land under the jurisdiction
of the Bureau of Land Management in the vicinity of Steens Mountain,
Oregon, as depicted on the map referred to in section 605(a),
consisting of a total of approximately 11,796 acres in exchange for the
private lands described in subsection (b).
(b) Receipt of Non-Federal Lands.--As consideration for the
conveyance of the Federal lands referred to in subsection (a) and the
disbursement referred to in subsection (d), the Lowther (Clemens) Ranch
shall convey to the Secretary a parcel of land consisting of
approximately 1,078 acres, as depicted on the map referred to in
section 605(a), for inclusion in the Cooperative Management and
Protection Area.
(c) Treatment of Grazing.--Paragraphs (2) and (3) of section
113(e), relating to the effect of the cancellation in whole of the
grazing permit for the Fish Creek/Big Indian allotment in the
Wilderness Area and reassignment of use areas as described in paragraph
(3)(D) of such section, shall apply to the land exchange authorized by
this section.
(d) Disbursement.--Upon completion of the land exchange authorized
by this section, the Secretary is authorized to make a disbursement to
Lowther (Clemens) Ranch, in the amount of $148,000.
(e) Completion of Conveyance.--The Secretary shall complete the
conveyance of the Federal lands under subsection (a) within 70 days
after the Secretary accepts the lands described in subsection (b).

d9d1b7b1bff947a2508cbab7cf8dd6f0fb6879b419b6881cfa00dd8823acbd47

(a) Map.--The land conveyances described in this title are
generally depicted on the map entitled ``Steens Mountain Land
Exchanges'' and dated September 18, 2000.
(b) Applicable Law.--Except as otherwise provided in this section,
the exchange of Federal land under this title is subject to the
existing laws and regulations applicable to the conveyance and
acquisition of land under the jurisdiction of the Bureau of Land
Management. It is anticipated that the Secretary will be able to carry
out such land exchanges without the promulgation of additional
regulations and without regard to the notice and comment provisions of
section 553 of title 5, United States Code.
(c) Conditions on Acceptance.--Title to the non-Federal lands to be
conveyed under this title must be acceptable to the Secretary, and the
conveyances shall be subject to valid existing rights of record. The
non-Federal lands shall conform with the title approval standards
applicable to Federal land acquisitions.
(d) Legal Descriptions.--The exact acreage and legal description of
all lands to be exchanged under this title shall be determined by
surveys satisfactory to the Secretary. The costs of any such survey, as
well as other administrative costs incurred to execute a land exchange
under this title, shall be borne by the Secretary.

04f7476034f5a432037349b6a30138f7338c3ff5948f13cc25ce42b14033bf66

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.

648434cafa9c72fae33a35c0f1ea23def5194edfddf22a2acc64ad716b952730

(a) Availability of Fund.--There are authorized to be appropriated
$25,000,000 from the land and water conservation fund established under
section 2 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-5) to provide funds for the acquisition of land and
interests in land under section 114 and to enter into nondevelopment
easements and conservation easements under subsections (b) and (c) of
section 122.
(b) Term of Use.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fb3f4d3724d8be238389b5e55482595cbebfa42e6e568ca70e9d4f549146704d

Steens Mountain Cooperative Management and Protection Act of 2000

Other Sections