[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4828 Received in Senate (RDS)]







106th CONGRESS
  2d Session
                                H. R. 4828


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 4 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE; PURPOSES; TABLE OF CONTENTS.

    (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:

Sec. 1. Short title; purposes; table of contents.
Sec. 2. Definitions.
Sec. 3. Maps and legal descriptions.
Sec. 4. Valid existing rights.
Sec. 5. Protection of tribal rights.
  TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

                  Subtitle A--Designation and Purposes

Sec. 101. Designation of Steens Mountain Cooperative Management and 
                            Protection Area.
Sec. 102. Purpose and objectives of Cooperative Management and 
                            protection Area.
                Subtitle B--Management of Federal Lands

Sec. 111. Management authorities and purposes.
Sec. 112. Roads and travel access.
Sec. 113. Land use authorities.
Sec. 114. Land acquisition authority.
Sec. 115. Special use permits.
                   Subtitle C--Cooperative Management

Sec. 121. Cooperative management agreements.
Sec. 122. Cooperative efforts to control development and encourage 
                            conservation.
                      Subtitle D--Advisory Council

Sec. 131. Establishment of advisory council.
Sec. 132. Advisory role in management activities.
Sec. 133. Science committee.
               TITLE II--STEENS MOUNTAIN WILDERNESS AREA

Sec. 201. Designation of Steens Mountain Wilderness Area.
Sec. 202. Administration of Wilderness Area.
Sec. 203. Water rights.
Sec. 204. Treatment of wilderness study areas.
          TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE

Sec. 301. Designation of streams for wild and scenic river status in 
                            Steens Mountain area.
Sec. 302. Donner und Blitzen River redband trout reserve.
                   TITLE IV--MINERAL WITHDRAWAL AREA

Sec. 401. Designation of mineral withdrawal area.
Sec. 402. Treatment of State lands and mineral interests.
      TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

Sec. 501. Wildlands juniper management area.
Sec. 502. Release from wilderness study area status.
                        TITLE VI--LAND EXCHANGES

Sec. 601. Land exchange, Roaring Springs Ranch.
Sec. 602. Land exchanges, C.M. Otley and Otley Brothers.
Sec. 603. Land exchange, Tom J. Davis Livestock, Incorporated.
Sec. 604. Land exchange, Lowther (Clemens) Ranch.
Sec. 605. General provisions applicable to land exchanges.
                     TITLE VII--FUNDING AUTHORITIES

Sec. 701. Authorization of appropriations.
Sec. 702. Use of land and water conservation fund.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``advisory council'' means 
        the Steens Mountain Advisory Council established by title IV.
            (2) Cooperative management agreement.--An 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.

SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

    (a) Preparation and Submission.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall prepare and 
submit to Congress maps and legal descriptions of the following:
            (1) The Cooperative Management and Protection Area.
            (2) The Wilderness Area.
            (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.

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 COOPERATIVE MANAGEMENT AND PROTECTION AREA

                  Subtitle A--Designation and Purposes

SEC. 101. DESIGNATION OF STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND 
              PROTECTION AREA.

    (a) Designation.--The Secretary shall designate the Steens Mountain 
Cooperative Management and Protection Area consisting of approximately 
425,550 acres of Federal land located in Harney County, Oregon, in the 
vicinity of Steens Mountain, as generally depicted on the map entitled 
``Steens Mountain Boundary Map'' and dated September 18, 2000.
    (b) Contents of Map.--In addition to the general boundaries of the 
Cooperative Management and Protection Area, the map referred to in 
subsection (a) also depicts the general boundaries of the following:
            (1) The no livestock grazing area described in section 
        113(e).
            (2) The mineral withdrawal area designated by title IV.
            (3) The wildlands juniper management area established by 
        title V.

SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE MANAGEMENT AND 
              PROTECTION AREA.

    (a) Purpose.--The purpose of the Cooperative Management and 
Protection Area is to conserve, protect, and manage the long-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 four years after the date of the 
enactment of this Act, the Secretary shall develop a comprehensive plan 
for the long-range protection and management of the Federal lands 
included in the 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.

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, 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.

SEC. 113. LAND USE AUTHORITIES.

    (a) In General.--The Secretary shall allow only such uses of the 
Federal lands included in the Cooperative Management and Protection 
Area as the Secretary finds will further the purposes for which the 
Cooperative Management and Protection Area is established.
    (b) Commercial Timber.--
            (1) Prohibition.--The Federal lands included in the 
        Cooperative Management and Protection Area shall not be made 
        available for commercial timber harvest.
            (2) Limited exception.--The Secretary may authorize the 
        removal of trees from Federal lands in the Cooperative 
        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.

SEC. 114. LAND ACQUISITION AUTHORITY.

    (a) Acquisition.--
            (1) Acquisition authorized.--In addition to the land 
        acquisitions authorized by title VI, the Secretary may acquire 
        other non-Federal lands and interests in lands located within 
        the boundaries of the Cooperative Management and Protection 
        Area or the Wilderness Area.
            (2) Acquisition methods.--Lands may be acquired under this 
        subsection only by voluntary exchange, donation, or 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--
            (1) become part of the Wilderness Area; and
            (2) 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--
            (1) become part of that wilderness study area; and
            (2) be managed pursuant to the laws applicable to that 
        wilderness study area.
    (c) Appraisal.--In appraising non-Federal land, development rights, 
or conservation easements for possible acquisition under this section 
or section 122, the Secretary shall disregard any adverse impacts on 
values resulting from the designation of the Cooperative Management and 
Protection Area or the Wilderness Area.

SEC. 115. SPECIAL USE PERMITS.

    The Secretary may renew a special recreational use permit 
applicable to lands included in the Wilderness Area to the extent that 
the Secretary determines that the permit is consistent with the 
Wilderness Act (16 U.S.C. 1131 et seq.). If renewal is not consistent 
with the Wilderness Act, the Secretary shall seek other opportunities 
for the permit holder through modification of the permit to realize 
historic permit use to the extent that the use is consistent with the 
Wilderness Act and this Act, as determined by the Secretary.

                   Subtitle C--Cooperative Management

SEC. 121. COOPERATIVE MANAGEMENT AGREEMENTS.

    (a) Cooperative Efforts.--To further the purposes and 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.

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 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

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 
        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 three years, except that, of the 
        members first appointed, four members shall be appointed for a 
        term of one 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.).

SEC. 132. ADVISORY ROLE IN MANAGEMENT ACTIVITIES.

    (a) Management Recommendations.--The advisory committee shall 
utilize sound science, existing plans for the management of Federal 
lands included in the Cooperative Management and Protection Area, and 
other tools to 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.

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 appointments.

               TITLE II--STEENS MOUNTAIN WILDERNESS AREA

SEC. 201. DESIGNATION OF STEENS MOUNTAIN WILDERNESS AREA.

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

SEC. 202. ADMINISTRATION OF WILDERNESS AREA.

    (a) General Rule.--The Secretary shall administer the Wilderness 
Area in accordance with this title and the Wilderness Act (16 U.S.C. 
1131 et seq.). Any reference in the Wilderness Act to the effective 
date of that Act (or any similar reference) shall be deemed to be a 
reference to the date of the enactment of this Act.
    (b) Wilderness Boundaries Along Roads.--Where a wilderness boundary 
exists along a road, the wilderness boundary shall be set back from the 
centerline of the road, consistent with the Bureau of Land Management's 
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.

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 exemption 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 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.

          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 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.

SEC. 302. DONNER UND BLITZEN RIVER REDBAND TROUT RESERVE.

    (a) Findings.--The Congress finds the following:
            (1) Those portions of the Donner und Blitzen River in the 
        Wilderness Area are an exceptional environmental resource that 
        provides habitat for unique populations of native fish, 
        migratory waterfowl, and other wildlife resources, including a 
        unique population of redband trout.
            (2) Redband trout represent a unique natural history 
        reflecting the Pleistocene connection between the lake basins 
        of eastern Oregon and the Snake and Columbia Rivers.
    (b) Designation of Reserve.--The Secretary shall designate the 
Donner und Blitzen Redband Trout Reserve consisting of the Donner und 
Blitzen River in the Wilderness Area above its 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.

                   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 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.

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 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).

      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 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.

SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STATUS.

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

                        TITLE VI--LAND EXCHANGES

SEC. 601. LAND EXCHANGE, ROARING SPRINGS RANCH.

    (a) Exchange Authorized.--For the purpose of 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).

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

    (a) C. M. Otley Exchange.--
            (1) Exchange authorized.--For the purpose of protecting and 
        consolidating Federal lands within the Cooperative Management 
        and Protection Area, the Secretary may carry out a land 
        exchange with C. M. Otley to convey all right, title, and 
        interest of the United States in and to certain parcels of land 
        under the jurisdiction of the Bureau of Land Management in the 
        vicinity of Steens Mountain, Oregon, as 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.

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 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).

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 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).

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 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.

                     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 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.

            Passed the House of Representatives October 4, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.