[Congressional Record Volume 146, Number 122 (Wednesday, October 4, 2000)]
[House]
[Pages H8755-H8766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION ACT OF 2000

  Mrs. MYRICK. Madam Speaker, by direction of the Committee on Rules, I 
call up House Resolution 609 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 609

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 4828) to designate wilderness areas and a 
     cooperative management and protection area in the vicinity of 
     Steens Mountain in Harney County, Oregon, and for other 
     purposes. The first reading of the bill shall be dispensed 
     with. All points of order against consideration of the bill 
     are waived. General debate shall be confined to the bill and 
     shall not exceed one hour equally divided and controlled by 
     the chairman and ranking minority member of the Committee on 
     Resources. After general debate the bill shall be considered 
     for amendment under the five-minute rule. In lieu of the 
     amendment recommended by the Committee on Resources now 
     printed in the bill, it shall be in order to consider as an 
     original bill for the purpose of amendment under the five-
     minute rule the amendment in the nature of a substitute 
     printed in the Congressional Record and numbered 1 pursuant 
     to clause 8 of rule XVIII. That amendment in the nature of a 
     substitute shall be considered as read. During consideration 
     of the bill for amendment, the Chairman of the Committee of 
     the Whole may accord priority in recognition on the basis of 
     whether the Member offering an amendment has caused it to be 
     printed in the portion of the Congressional Record designated 
     for that purpose in clause 8 of rule XVIII. Amendments so 
     printed shall be considered as read. The Chairman of the 
     Committee of the Whole may: (1) postpone until a time during 
     further consideration in the Committee of the Whole a request 
     for a recorded vote on any amendment; and (2) reduce to five 
     minutes the minimum time for electronic voting on any 
     postponed question that follows another electronic vote 
     without intervening business, provided that the minimum time 
     for electronic voting on the first in any series of questions 
     shall be 15 minutes. At the conclusion of consideration of 
     the bill for amendment the Committee shall rise and report 
     the bill to the House with such amendments as may have been 
     adopted. Any Member may demand a separate vote in the House 
     on any amendment adopted in the Committee of the Whole to the 
     bill or to the amendment in the nature of a substitute made 
     in order as original text. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.

  The SPEAKER pro tempore (Mrs. Biggert). The gentlewoman from North 
Carolina (Mrs. Myrick) is recognized for 1 hour.
  Mrs. MYRICK. Madam Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman from Ohio (Mr. Hall); pending 
which I yield myself such time as I may consume. During consideration 
of this resolution, all time yielded is for the purpose of debate only.
  Madam Speaker, yesterday the Committee on Rules met and granted an 
open rule for H.R. 4828, the Steens Mountain Wilderness Act. The rule 
waives all points of order against consideration of the bill. The rule 
provides for 1 hour of general debate to be equally divided between the 
chairman and the ranking minority member of the Committee on Resources.
  The rule makes in order as an original bill for the purpose of 
amendment the Walden amendment in the nature of a substitute printed in 
the Congressional Record and numbered 1, which shall be open for 
amendment at any point.
  The rule authorizes the Chair to accord priority in recognition to 
Members who have preprinted their amendments in the Congressional 
Record. The rule allows the chairman of the Committee of the Whole to 
postpone votes during consideration of the bill, and to reduce voting 
time to 5 minutes on a postponed question if the vote follows a 15-
minute vote.
  Finally, the rule provides for one motion to recommit, with or 
without instructions.
  Madam Speaker, H. Res. 609 is a fair and open rule for a 
noncontroversial bill. Last year, the Secretary of the Interior told 
folks in southeastern Oregon that the President might designate Steens 
Mountain as a national monument. Steens Mountain is deserving of 
protection, but the local residents who live and work in the area 
became worried their livelihoods were in danger; that the President 
would impose all sorts of restrictions on land use and put them out of 
business.
  In response to these concerns, the gentleman from Oregon (Mr. Walden) 
decided to work out a compromise solution. He brought everyone to the 
table, including the governor of Oregon and the Secretary of the 
Interior, and they worked out a compromise which protects the 
environment and protects ranching and recreational activities.
  The entire Oregon delegation, both Democrats and Republicans, support 
this bill. Indeed, this is how legislation should be done, and the 
gentleman from Oregon (Mr. Walden) deserves credit for working hard to 
write a bill that everyone can support before it even reaches the House 
floor. So I urge my colleagues to support this rule and to support the 
underlying legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. HALL of Ohio. Madam Speaker, I yield myself such time as I may 
consume, and I thank the gentlewoman from North Carolina (Mrs. Myrick) 
for yielding me the customary time.
  This is an open rule. It is a bill to protect the natural resources 
near Steens Mountain in Oregon. As my colleague from North Carolina has 
described, this rule provides for 1 hour of general debate to be 
equally divided and controlled by the chairman and ranking minority 
member of the Committee on Resources. The rule permits amendments under 
the 5-minute rule. This is the normal amending process in the House. 
All Members on both sides of the aisle will have the opportunity to 
offer germane amendments.
  The area near Steens Mountain is home to unique land formations, 
beautiful lakes, and rare and diverse plants and wildlife. The bill 
designates wilderness areas, wild and scenic rivers, and other 
management arrangements to preserve the area's natural resources.
  Madam Speaker, this is an open rule, it is the normal process, the 
bill has bipartisan support, and I support the rule and the bill.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mrs. MYRICK. Madam Speaker, I have no further requests for time, I 
yield back the balance of my time, and I move the previous question on 
the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. Ganske). Pursuant to House Resolution 
609 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 4828.

                              {time}  1211


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 4828) to designate wilderness areas and a cooperative management 
and protection area in the vicinity of Steens Mountain in Harney 
County, Oregon, and for other purposes, with Mrs. Biggert in the Chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Utah (Mr. Hansen) and the 
gentleman from California (Mr. George Miller) each will control 30 
minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, I rise in support of H.R. 4828, the Steens Mountain 
Cooperative Management and Protection Act of 2000.
  Madam Chairman, today we have the opportunity to protect Steens 
Mountain in Oregon, one of the most beautiful areas in the West. What 
brings us here today is nothing more than the relentless efforts of the 
gentleman from Oregon (Mr. Walden) over the past few

[[Page H8756]]

 months to draft this consensus legislation. The citizens of Oregon are 
lucky to be represented by a man who has found a way to preserve the 
beautiful area while at the same time respecting the people's needs and 
uses in the Steens Mountain area.
  H.R. 4828 is the culmination of years of effort to protect this 
unique area. H.R. 4828 is a complicated measure that uses management 
prescriptions that fit the land. Steens Mountain is a 30-mile long 
block which rises approximately 9,700 feet above the Alvord Basin, and 
is home to a variety of wildlife, including sage grouse, bighorn sheep, 
golden eagles, deer, antelope, and many varieties of fish. Currently, 
the Steens Mountain recreational land consists of 147,773 acres managed 
by the BLM; 41,577 acres of private land; and 4,506 acres of State 
land.
  H.R. 4828 withdraws 1.2 million acres from mining and geothermal 
development and designates 134,000 acres as wilderness. It would also 
create a nongrazing zone of approximately 100,000 acres, as well as 
500,000 acres of cooperative management and protection area.
  In addition, H.R. 4828 would establish the Wildlands Juniper 
Management Area, expand the Donner and Blitzen Wild and Scenic River, 
designate the Donner and Blitzen Redband Trout Reserve, authorize the 
Secretary of the Interior to carry out a number of land exchanges to 
facilitate the purpose of this legislation, and allow the conservation 
of these lands to remain under local management.
  During full committee consideration, the issue of Federal Reserve 
water rights within the wilderness area was heavily debated. During the 
next decade, Congress will consider many BLM wilderness bills. In my 
State of Utah, this debate is the foremost of resource issues.

                              {time}  1215

  As Congress heads down this road of finally resolving the BLM 
wilderness debate in the West, we must be cautious in how we approach 
such areas as grazing, water, existing uses, and existing rights.
  The amendment considered as original text will resolve the water 
issue in a matter that does not prejudice the debate in the future. The 
language simply repeats the 1964 Wilderness Act. This is a reasonable 
approach that ensures the area is protected.
  Once again, I want to commend the gentleman from Oregon (Mr. Walden) 
in this effort, and I urge my colleagues to support the passage of this 
very worthwhile legislation.
  Madam Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Madam Chairman, I ask unanimous 
consent that I may yield all of the time on this side to the gentleman 
from Oregon (Mr. DeFazio) for the purposes of controlling the time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. DeFAZIO. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, I really never thought we would get here today to the 
floor of the House of Representatives adopting consensus legislation on 
behalf of the entire Oregon delegation to protect the extraordinary 
beauty, ecological value of the Steens Mountains. It is a place I 
visited, a place I love. It is not in my district. It is actually quite 
far away from my district, a number of hours' drive. But it is an 
unbelievably beautiful, almost mystical place rising up out of arid 
eastern Oregon overlooking the Alvord Desert on one side and looking 
back to the west over sagebrush and scattered farmlands to the west.
  The values in that area in terms of the environment are just amazing, 
not just the spectacular views but the wildlife habitat, the river 
canyons. This bill will provide extraordinary protections for some of 
the most delicate areas and the most beautiful areas in the Steens by 
affording, to the best of my knowledge, the first legislated cattle-
free wilderness in, at least, Oregon and, I believe, throughout the 
western United States.
  That is crucial for the delicate nature of some of the uplands and 
the gorges and the headwaters for their preservation.
  This was not an agreement easily reached. Quite frankly, I think it 
was about a year ago when the gentleman from eastern Oregon (Mr. 
Walden) came to my office and said he wanted to talk about the Steens 
and about legislation for the Steens. I was open to meeting with him 
about this but did not expect much, to tell the truth.
  He came in with his trusty staff person, put down a map of the Steens 
with which I was familiar, and then started pulling out all these 
velcroed sections and stickies and saying, well, I want to do this. And 
after he got to about the fifth ``I want to do this,'' I said, this is 
a pretty good offer. And he said, well, that is not all and he kept 
pulling out the velcroed stickies and putting them on the map.
  It was a good first offer. We have improved the bill significantly 
since that time. We have worked with the conservation groups who are 
most familiar with the Steens area, environmental groups. The gentleman 
has done yeoman's work in bringing along the local community and the 
ranchers, who are significantly impacted by this legislation.
  I think it is just an extraordinary day and, in my tenure in 
Congress, a very unusual day when the entire Oregon delegation is 
unanimously in support of legislation that relates to the environment 
in our wonderful and beautiful State. This is not something that is 
frequently seen no matter how meritorious the legislation.
  So I stand here in strong support of the legislation. We will hear 
from other members of the Oregon delegation later, and the gentleman 
from California (Mr. George Miller) I will recognize later. But at this 
point I want to congratulate the gentleman from Oregon (Mr. Walden), 
who represents the district, for the work he has done.
  Madam Chairman, I reserve the balance of my time.
  Mr. HANSEN. Madam Chairman, I ask unanimous consent that the 
gentleman from Oregon (Mr. Walden) control the remaining time on the 
majority side.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Utah?
  There was no objection.
  Mr. WALDEN of Oregon. Madam Chairman, I yield myself such time as I 
may consume.
  Madam Chairman, we have accomplished something unique with the 
drafting of this legislation. We have brought together people from very 
different walks of life. We have given them equal seats at the table of 
public policy, and we have crafted an Oregon-based solution that works 
for the ranchers and works for the environment.
  I want to start by telling my colleagues about the people who live in 
Harney County and who ranch on Steens Mountain. These are people whose 
ancestors were encouraged by the Federal Government to take the risk of 
expanding our Nation's frontier, to risk life and property to settle 
the Wild West. They were the homesteaders of the 1800s, people of 
undaunted courage who followed the trail to the West blazed by Lewis 
and Clark some 200 years ago.
  They moved to an area of Southeast Oregon later called Harney County, 
where cows outnumbered people and still do today. It is a county that 
is larger than most New England States, 143 miles long and 86.6 miles 
wide. There are no freeways here, no congestion, no gridlock except 
when they are moving cows to graze in another area.
  These are people whose closest neighbor is often miles and miles 
away. They are self-reliant people with soft hearts but rugged spirits.
  This is not the world of high-tech millionaires, BMWs, and the fast 
life. But it is a place where people look out for each other, take care 
of each other. It is a place where written contracts are not broken 
because usually written contracts are not needed, a man's word is all 
it takes, a handshake will do. They do not get much from Government 
other than a tax bill, and they sure do not ask for a lot in return.
  And for a century or more, they have tended the land and worked in 
cooperative partnership with the Federal Government to ensure that the 
environment is protected and their ranching way of life is allowed to 
continue.
  Steens Mountain is a checkerboard of private and public lands 
interrelated. In cities, fences are designed to divide

[[Page H8757]]

neighbor from neighbor, but here there are few fences and quite often 
the neighbor is the Federal Government. It is a true partnership in a 
wide open space that has served the mountain and served the people 
well.
  Steens Mountain itself is as unique as the people who live on it and 
near it. Unlike most mountain ranges across America, Steens Mountain 
stands alone in the desert. Made of heavy lava, Steens Mountain is a 
huge, upthrust block twenty-three miles from its base on the west to 
its top. But when we get to that top, we are at nearly 10,000 feet; and 
it is a straight drop of nearly a mile to the playa below.
  Breathtaking? You bet it is.
  The explorers who settled here were not stupid. They picked the best 
lands on the mountain for their ranches. Harney County is arid, 
receiving just a few inches of rainfall a year. So the ranchers went 
for the water and the lush valleys, as any of us would have done. But 
today, in this legislation, they are offering to give back some of the 
best they have, to put it in wilderness for public benefit for a 
lifetime. This is a good deal for the taxpayers, and it works for the 
ranchers.
  Over the years, the ranchers and the Federal Government have worked 
together to improve the range lands, to improve the aspen groves, the 
watersheds and the fish habitat. It is a partnership that has served 
the environment well.
  Well, about a year ago, Steens Mountain was discovered by the 
administration and a new land rush was on. One, to save the Steens, to 
name it a national monument to encircle the ranchers and their home 
places with a new set of Federal laws and restrictions like a noose 
that could only get tighter and tighter until it would have choked out 
their way of life.

  Now, in some parts of the West the reaction might have been to simply 
go into denial. But here the ranchers and the people realized that the 
threat they faced was both real and unstoppable.
  Over Labor Day weekend a year ago, I met with the people most 
affected at a community dinner in Frenchglen. We faced the challenge 
together: Should we simply protest the idea of a monument, knowing it 
would come anyway, and trust the Federal Government to write the rules, 
or should we try to write legislation of our own, legislation that 
would have to accomplish the environmental goals of the administration 
without choking out a way of life on the mountain and the communities 
that surround it.
  Well, my colleagues, the legislation we are considering today here on 
the floor of the House of Representatives is the end result. It is the 
result of hundreds, if not thousands, of hours of negotiation over the 
last year. It is one of the few examples where the threat of a 
unilaterally imposed national monument of more than a million acres has 
been replaced by legislation written by the people most affected.
  We will hear today much about the importance of this legislation in 
protecting and preserving Steens Mountain. And it does do that. But it 
does something just as important, if not more. It protects private 
property rights. It protects water rights. It enshrines in Federal law 
the spirit of cooperative management of the Federal lands that has been 
unique to this region.
  It is nearly half the size of the Federal monument. It is a solution 
in keeping with the great tradition and spirit that makes Oregon unique 
because we have with this legislation, in a small measure, rekindled 
the Oregon spirit of working together to protect our special place and 
our special way of life while we respect the rights of individuals and 
preserve the environment.
  Moreover, we have proven that even in the heat of an election year, 
people of different parties and philosophies can work together for the 
common good. We heard my colleague from Eugene talk about that. Rare is 
the time when this delegation representing many different parts of 
Oregon has gotten together on a piece of legislation this monumental.
  Every member of the Oregon delegation supports this bill. Every 
member of this delegation, House and Senate, has worked in good faith 
to fight for the principles they believe in that are important for our 
future as a State.
  The Governor of Oregon and the Secretary of the Interior, with whom I 
have obviously had disagreements over the years, support this bill and 
have worked in good faith to accomplish its goals. The Oregon 
Cattlemen's Association and the Sierra Club, both at the table, both 
support this legislation. The Wilderness Society and Oregon Trout 
support this bill.
  Is it as I would have written it if I alone could have written it? 
No. But neither is it as those who would eliminate ranching would have 
written it. It is indeed what legislating is all about. It is a 
compromise but a compromise that is far better than a national monument 
twice its size. It will allow a ranching lifestyle more than a century 
old to continue for generations to come, and it will protect and 
preserve the most fragile environment in southeastern Oregon.
  I have next to me here a picture of Big Indian. This is part of what 
we are trying to protect and preserve. This gorge that we see here 
rising probably 7,000 or 8,000 feet into the sky would be protected 
with the wilderness boundary for about as far as we could see on this 
picture. It is an extraordinary place. And there is one after another 
after another.
  We declare four wild and scenic rivers in this legislation. We set up 
a special redband trout reserve so that the stream where this special 
species is will be managed and enhanced for the protection of the 
redband trout.
  We create 174,000 acres of wilderness, 100,000 acres of which is cow 
free. And yet we preserve and protect the ranching way of life in this 
region.
  I want to close by specifically thanking and naming those people who 
have played such an important role in this legislation. After all, we 
spent more than a year working on it and clearly hundreds of hours, and 
we can spend a few minutes saying thanks to the people most involved.
  I want to start with my former legislative director, Lindsey Slater, 
who has probably put more time and effort into this than any of us and 
has been there throughout it all with new ideas about how to make it 
work. It ought to be named after him, but we probably cannot go there 
today; and Valerie West and David Blair and Sarah Bittlemen from the 
Senators' offices; and Amelia Jenkins, Chris, Michael, and Bill in the 
Members' offices; and Kevin Smith and Peter Green; and the Governor, 
Secretary Babbitt, along with Molly and Laurie and Roy, our legislative 
counsel who we have gone back to time and time again to say this is the 
final draft only to have to go back one more time and say, well, we 
found one other thing we needed to change; and to Allen Freemyer and 
Lisa and Liz, thank you for your help; and to the gentleman from Utah 
(Chairman Hansen) and to the gentleman from Alaska (Mr. Young) for 
their work.
  To Stacy Davies, to Fred Otley and to Charlie Otley, thank you. To 
all the people in Harney County, thank you for staying at the table, 
for working hard and fighting for what you all believe in. And to Bill 
Marlett and Andy Kerr, representing some of the toughest negotiators in 
Oregon's environmental community, thank you for giving us this 
opportunity, as well.
  So I thank the members of the delegation, our Senators, the Governor, 
and the Secretary for getting us to this point. Because, truly, it is a 
remarkable day. I thank the ranking member of the Committee on 
Resources, as well, both for his input and his understanding of the 
importance of this issue for our State and for our Nation.
  Madam Chairman, I reserve the balance of my time.

                              {time}  1230

  Mr. DeFAZIO. Madam Chairman, I yield 5 minutes to the gentleman from 
California (Mr. George Miller), the ranking member of the full 
committee.
  Mr. GEORGE MILLER of California. I thank the gentleman for yielding 
me this time.
  Madam Chairman, I want to say that no one can argue with the desire 
of this delegation to save Steens Mountain and the surrounding area and 
the importance of this environmental asset. I will, however, 
unfortunately, have to disagree with him about how this was gone about 
by the process that was used here, and I think that it is unfortunate 
that a number of provisions of this bill deviate from public land 
management and conservation designations, including those dealing with 
wilderness.

[[Page H8758]]

  In addition, there are significant problems with the land exchanges 
proposed in this bill, including valuations and payments that have no 
basis in law or policy. As the General Accounting Office noted in a 
report done in June of this year given to our committee, many land 
exchanges have failed to protect the public interest or provide that 
the lands exchanged were of equal value. That is the law of the land.
  Unfortunately, the exchanges in this bill, I believe, continue that 
pattern; and I find that pattern troubling because I think it raises 
serious questions about the public interest, about the public treasury, 
and about the public good. No appraisals were done in this instance. 
Instead, BLM at the direction of the bill's sponsors prepared a realty 
report. Since the lands the ranchers offered were worth significantly 
less than the Federal lands they wanted, the BLM was asked by the 
bill's sponsors to use valuation assumptions that are not found in 
Federal law or policy. Further, the payments to the ranchers that this 
bill provides are an unjustified benefit, in my opinion.
  The provisions of this bill on wilderness are also troubling. First, 
thousands of acres of wilderness study areas are transferred to private 
ownership. The wilderness boundaries that were drawn in many instances 
follow section lines. This is both a serious management and ecological 
problem because those lines represent arbitrary markers and bisect 
resources that are hard to administer. Further, much of the wilderness 
is bisected by roads. While portions of the wilderness will be off-
limits to cows, the Secretary is required to make other wilderness 
areas available to provide forage replacement.
  Grazing is given a high priority in this bill, and the promotion of 
grazing is made one of the objectives of the area. The bill contains 
numerous other exemptions for grazing. While there is a general 
prohibition on new roads in the area, that does not apply to roads 
needed for livestock. Likewise, while there is a general prohibition on 
the construction of Federal lands, that does not apply to facilities 
needed for livestock. The Secretary is also required to construct 
fencing and water developments for livestock in the area.
  I regret that the bill that is being brought to the floor today has 
deleted the wilderness water right language that was in the bill 
approved by the Committee on Resources. This is not an improvement, and 
in the end it will only make it harder to protect those wilderness 
values.
  Madam Chairman, I recognize that Secretary Babbitt and the Oregon 
delegation have signed off on this legislation, and I recognize again 
that Steens Mountain is clearly an asset that is worth the kind of 
protection that they seek. But I think that we have to raise these 
questions. Otherwise, we are going to continue to see a drift in the 
land exchange policy of this government that continues to ignore 
valuations, that continues to ignore or not require appraisals and 
continues to ignore the public interest.
  It is clearly in the public interest to protect Steens Mountain. The 
question is whether or not it is in the public interest to protect it 
in this manner. Is it in the public interest after we make an exchange 
of unequal parcels recognizing that there is a difference in the forage 
value of these lands as properly we should, we have exchanged?
  We have exchanged in Roaring Springs, we took 10,000 acres, almost 
11,000 acres; and we gave back 76,000 acres, recognizing that there are 
distinctions. We then told the Secretary of the Interior that they 
shall provide the fencing and the improvements and the water on those 
lands. And then on top of that where these already started out unequal, 
we have now added on cash payments that range from almost $3 million to 
$148,000 against the policy and the recommendations of the Department 
of the Interior.
  I realize the desire and the sense of urgency about this and the 
asset that is being protected, but I think that we had better take a 
long and hard look at the exchange policy as the GAO recommended 
because it has cost the taxpayers of this country millions of dollars. 
At some point the integrity has got to be put back into that process. I 
think in fact there should be a moratorium on exchanges until such time 
as both the BLM and the Forest Service can tell this Congress that 
there is integrity in that process, that the public interest is in fact 
being served and the treasury of the United States is being protected.
  Those are my concerns. It is not with the merits of protecting Steens 
Mountain. The gentleman from Oregon (Mr. Walden) has worked very hard 
on this and has brought about an agreement. Much of that agreement is 
in fact necessary and quite proper, but I think there are questions 
around valuations that are serious here. But the delegation has come 
together on this. They believe this is the proper manner to proceed. 
But I think clearly in light of the GAO report and the warnings that we 
have been given that we ought to give due consideration to this.
  Mr. DeFAZIO. Madam Chairman, I yield 7 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Madam Chairman, I appreciate the gentleman's courtesy 
in giving me time to speak on this bill.
  I came to this, actually it was sort of interesting. Listening to my 
colleague, the gentleman from eastern Oregon (Mr. Walden), and the 
gentleman from California (Mr. George Miller), for whom I have the 
greatest respect and admiration, I must admit that I find myself in 
modest disagreement with them both.
  I was one of those people that did not look at the action, the 
attention, the interest by Secretary Babbitt as a noose. I feel, with 
all due respect to my Republican colleagues, that this administration 
has been moving forward to attempt to protect precious jewels of 
resources throughout the country, and I think appropriately so. And I 
have been supportive of their efforts; and, candidly, at one of our 
early meetings, I was there to just say I did not think that monument 
status was a bad fallback position; and frankly, rather than a noose of 
Federal regulation, I am not prepared at this point to go into some 
debate, but I will be happy to do it with my colleague; and I am sure 
we will have opportunities on the campaign trail, about the Republican 
approach to environmental protection, hard rock mining, what has 
happened with grazing areas around the country; and frankly I think the 
vast majority of the American public supports greater protection, 
including many of the monument designations.
  But what my friend from eastern Oregon approached, and I think 
rightly so, was the notion that we, because of the patchwork that has 
occurred in this area, in part historic accident, in part smart 
business practice, in part frankly we in government at all levels have 
been asleep at the switch, we had an opportunity to do something 
better. And I will add my voice and you will hear from other Members of 
the Oregon delegation who will come forward each with their own unique 
story about the treasure that is this wilderness that we are about, I 
hope, to designate today.
  In fact, I could use all of my time, and I will not, just talking 
about the experience of going out at dawn on a spring morning far into 
the desert off a deserted road and watching the mating ritual of the 
sage grouse as the sun comes up. It is truly something that sends 
shivers down your spine and is something that is fragile in nature and 
something that is part of this heritage that we could lose.
  And I would also take modest disagreement with my friend when he 
talked about this is not an area of high-tech millionaires, because it 
is truly a unique way of life in eastern Oregon, the ranching 
activities; but we have already seen that there are some of the high-
tech millionaires that appreciate this. There have been sales 
pressures. I have visited with one gentleman in eastern Oregon recently 
who purchased an element that frankly we should find a way to add to 
the protection, because despite our vaunted land-use planning 
protections in Oregon, there is still much of this land that is at 
risk; there is much of this land that could in fact be developed in the 
future, and there is pressure for people to put not just mansions but 
massive structures which they legally would be entitled to do if we are 
not able to move forward in the future.
  So while we are not threatened perhaps by traffic jams in this 
portion of eastern Oregon, we are not threatened by huge dot-com 
compounds that will be there, there is some of the new

[[Page H8759]]

money, and some old money, that has the potential of disrupting this 
precious area.
  That is why I must take modest exception to my friend from 
California, because there is in fact an urgency at moving forward. And 
because while there may not be some areas that fit perhaps into a 
cookie cutter approach for land valuation and exchanges, I am convinced 
that the package that has been developed here as a result of 
painstaking effort on behalf of a number of people, the tip of the 
iceberg was mentioned by the gentleman from Oregon (Mr. Walden), and 
they deserve that recognition and our thanks. But what was accomplished 
was a package that actually is fair value for priceless resources. And 
it was not something that the Oregon delegation signed off on. It was a 
vicious process of give-and-take, of hand-wringing, that resulted in 
drafting our approach for Oregonians.

  In addition to acknowledging the efforts of my friend, the gentleman 
from Oregon (Mr. Walden), I would like to acknowledge the gentleman 
from Oregon (Mr. DeFazio), who stepped forward at a critical time. 
Sometimes he can be a little cranky. He saved it, he brought it in at 
the right moment, and I think he helped move some things forward. The 
administration, and especially Secretary Babbitt, who kept the eye on 
what our objective was. The people from the environmental community in 
Oregon hammered away at things that they held dear, and they are proud 
supporters of this legislation, from the American Lands Alliance, the 
Audubon Society, Columbia Gorge Audubon, Cybil Ackerman, Mark Salvo. I 
do not have time to go through everybody's name. I hope somebody will 
at the end.
  But I guess I want to conclude by the notion that this is not just 
recapturing the heritage of what we have in eastern Oregon and crafting 
an Oregon solution as a team to something that is going to last for 
generations. I think this is an example of how this Congress should 
work, because as frustrated as I am frankly by the lack of 
environmental progress, I think we have demonstrated today that people 
of disparate views could come together, one person looking at the 
threat of protection and somebody else looking like this was going to 
help us, but come together and make something that was better. And I 
would hope that not only would the House pass this legislation 
overwhelmingly; but I would hope that this would serve as a model that 
we could take forward to craft appropriate environmental solutions, 
break the logjam. There are a number of things that we could move 
forward with, and I think if we had the same sort of inclusive process 
that was demonstrated here, we could in fact reach the objections that 
have been advanced by our friend from California and be able to move 
forward with items that we can all take pride in.
  Madam Chairman, I add my congratulations to the gentleman from Oregon 
(Mr. Walden), the gentleman from Oregon (Mr. DeFazio), our Senators and 
governor for making this possible.
  Mr. WALDEN of Oregon. Madam Chairman, I yield myself 1 minute.
  Madam Chairman, I would just like to thank my colleague, the 
gentleman from Portland (Mr. Blumenauer), for his comments. I might 
take exception to his comment that the gentleman from Oregon (Mr. 
DeFazio) was ever cranky. I do not recall that. Well, maybe once, but I 
think we all were once.
  I would point out, too, that his comment about the high-tech 
millionaires is perhaps taken in a different context than I meant it, 
which is that this is not the center of industry in that respect. But 
he is very right in the sense that those who do have that wealth are 
eyeing this mountain because as people saw on this floor, the views 
from there are extraordinary, the pressures to sell off parcels on this 
mountain are only increasing; and there could be over 200 buildable 
lots on this mountain that even under Oregon's fairly restrictive land-
use laws could be accessed, and you could have trophy homes built on. 
So indeed the investment we are making today is one for the future, to 
protect and preserve the best of this mountain and preserve the life-
style.
  Madam Chairman, I reserve the balance of my time.

                              {time}  1245

  Mr. DeFAZIO. Madam Chairman, I yield 5 minutes to the gentlewoman 
from Oregon (Ms. Hooley).
  (Ms. HOOLEY of Oregon asked and was given permission to revise and 
extend her remarks.)
  Ms. HOOLEY of Oregon. Madam Chairman, I thank the gentleman for 
yielding the time to me, and I rise in strong support of this 
legislation, the Steens Mountain Wilderness Act. Anyone who has ever 
been to Oregon and has seen the Steens Mountain and the Alvord Desert 
knows it is one of the most beautiful and pristine places in the world.
  Madam Chairman, what is more, if you have not been to Oregon, you 
probably know about our passion for making sure that we keep Oregon 
beautiful and protecting our resources; and that is why we have before 
us today this wonderful, outstanding consensus piece of legislation.
  H.R. 4828 is an Oregon-based solution that not only protects private 
property rights, but will also protect the scientifically important 
landscape.
  Madam Chairman, I would like to thank my friend and colleague, the 
gentleman from Oregon (Mr. Walden), for his working so hard to bring 
this bill to the floor today. I look at how this was handled by the 
gentleman; and it is typical, I think, about how Oregonians solve 
problems. He brought everyone to the table, and he worked very hard to 
find that win-win solution.
  Frankly, like my colleague, the gentleman from Oregon (Mr. 
Blumenauer), I think this would be a wonderful model that we could use 
in Congress and do seldom use. In addition, I would like to thank 
Secretary Babbitt and my colleague, the gentleman from Oregon (Mr. 
DeFazio), the ranking member on the Committee on Resources, for working 
out all the nitty-gritty details.
  I mean, this is a kind of legislation that is not only protecting 
this wonderful area, but how do you get all of those little details and 
all the staff that worked on this. Again, while not a Member of 
Congress, I would like to thank my staff, Chris Huckleberry, for all 
the hard work he did on it in the last year.
  Finally, I would like to include a letter of support from the Oregon 
governor, John Kitzhaber, into the Record.

                                                  October 4, 2000.
       To the Oregon Congressional Delegation: The Steens Mountain 
     Area is a state and national treasure. Its beauty and 
     ecological value are immense. The Steens-Alvord area is home 
     to multiple rare species, scientifically important landscapes 
     and outstanding recreational and scenic values. It is our 
     duty to conserve and protect it for generations to come.
       The Steens Mountain Area is also home to a rich and 
     valuable Oregon culture. From the ancestors of the Burns 
     Paiute Native American tribe to the family ranches of today, 
     the Steens-Alvord area has cultural, historical, and economic 
     value. We must not lose this value. We must diligently 
     safeguard the existing culture and way of life on the 
     mountain, for if we do not we will surely diminish all the 
     critical values of the mountain--its ecology, its culture, 
     and its people.
       The legislation before the House today goes a long way 
     toward achieving these purposes and I am happy to join the 
     Oregon congressional delegation in supporting this needed 
     legislation.
                                  Governor John A. Kitzhaber, M.D.

  Madam Chairman, again, I thank all of the people that worked so hard 
on this. It is a wonderful solution to a problem, and it is a model 
this Congress could use and hopefully will use more in the future. I 
urge my colleagues to vote yes on this bill.
  Mr. WALDEN of Oregon. Madam Chairman, I reserve the balance of my 
time.
  Mr. DeFAZIO. Madam Chairman, I yield 5 minutes to the gentleman from 
Oregon (Mr. Wu).
  Mr. WU. Madam Chairman, I thank the gentleman for yielding me the 
time, and I rise in support of this bill and want to take this 
opportunity to recognize the tremendous hard work which the gentleman 
from Oregon (Mr. Walden) has put into this effort, the leadership of 
the gentleman from Oregon (Mr. DeFazio), and keeping all of us on 
track.
  I would like to also recognize the governor, the administration and 
all the Members of the Oregon delegation

[[Page H8760]]

in coming together to resolve this complex set of issues the way that 
Oregonians traditionally have, cooperatively, with common vision, and 
common sense.
  And what an achievement we indeed have, because from either Steens 
Mountain looking down to the Alvord Desert or from the Alvord Basin 
looking up to the mountain, the Steens Mountain is a treasure in the 
sky, now saved for all time.
  We do a good thing today, cooperation, common sense, common vision, 
coming together to produce this uncommon moment.
  Mr. WALDEN of Oregon. Madam Chairman, I reserve the balance of my 
time.
  Mr. DeFAZIO. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, I want to thank my colleagues from the Oregon 
delegation, both for their eloquent words in support of this 
legislation and for the team work that went into this bill. It is, as I 
said earlier, in my time in Congress fairly unprecedented the degree of 
comity and the progress we have made as we went through very, very long 
and productive discussions.
  One of the highlights has to have been the hour-and-a-half meeting in 
my office with the governor on the conference call. We are not quite 
sure how long he was there. He was there to help us with one key point 
and was subjected to listening for quite some period of time.
  I also want to thank others who were involved, Lindsay Slater, as was 
said earlier, just did yeoman's work; and it is a real loss to the 
gentleman from Oregon (Mr. Walden) that he is taking on the task of 
representing an inland State, but we wish him well in his new job. Troy 
Tidwell, our two senators who obviously played a key role in this and 
will play a key role in its final enactment, since we have to deal with 
the other body, so-called, Governor Kitzhaber, as I said earlier, his 
patience, his contribution, the staff of all of these individuals.
  In particular, I want to acknowledge Josh Kardon. He was in a number 
of meetings on this issue when Senator Wyden had to be occupied 
elsewhere by his official business, and Josh played a key role in 
meetings with Secretary Babbitt and others. Sarah Bittleman and David 
Blair also on the Senator's staff. Valerie West, who did tremendous 
work on Senator Smith's staff, and I have had an occasion to work with 
Valerie previously when she worked for Representative Smith on the 
Oregon Wild and Scenic Rivers bill, and she did great work on this. 
Kevin Smith from the governor's office.
  Madam Chairman, I had quite a number of occasions to meet with and 
chat with Secretary Babbitt over the phone on the development of this 
legislation, and he was a tremendous help, and his staff, Molly McUsic 
and Laurie Settlemeyer, were also tremendous contributors.
  Rick Healy from the Committee on Resources did a great job in 
basically pointing out what he felt were concerns and deficiencies on 
behalf of the gentleman from California (Mr. George Miller), the 
ranking member. And we addressed quite a few of those during the 
development of the legislation.
  Madam Chairman, I am proud of this legislation. It is a day when I am 
just so proud to be a Member of the rather small, but sometimes 
powerful, Oregon delegation, because I think we are going to bowl this 
bill right through here today without hardly any dissention on the part 
of our colleagues. So congratulations to the gentleman from eastern 
Oregon (Mr. Walden), who represents this area, and my thanks to all the 
other Members of the delegation.
  Madam Chairman, I forgot my staff, Amelia Jenkins, who did 
yeoperson's work in this battle on a fine, wonderful resolution.
  Madam Chairman, I yield back the balance of my time.
  Mr. WALDEN of Oregon. Madam Chairman, I yield myself such time as I 
may consume.
  Madam Chairman, I just again want to thank my colleague, the 
gentleman from the fourth district for Oregon (Mr. DeFazio), for 
putting up with my persistence. I know there were times when I was 
probably a little more persistent than I needed to be, but we got here. 
We could not have done it without the gentleman's help, because 
obviously there are things that the gentleman feels very strongly 
about, as do others in the delegation and others in different 
communities, that had to be addressed, that had to be dealt with if we 
were going to be successful and be here today.
  I appreciate the gentleman's help and that of the other members of 
the delegation, important roles each of you played in working this 
through here at the final days or week and a half, hopefully, of this 
legislative session.
  To be at this point, I think it is truly unique and I think we have a 
partnership that can be used, and we have shown that the legislative 
process can work. I think Americans out there who probably do not have 
a clue about Steens Mountain have at least come to understand that you 
can make this process work if you allow everybody at the table to try 
and resolve the issues at hand; and so it is truly a delight to be here 
and to move this bill forward and to be in a position we are in right 
now. I thank each of you for your hard work, your dedication, your 
comments, and your support.
  Madam Chairman, I urge my colleagues to support H.R. 4828, the Steens 
Mountain Wilderness Act of 2000.
  Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN (Mrs. Biggert). All time for general debate has expired.
  In lieu of the amendment recommended by the Committee on Resources 
printed in the bill, it shall be in order to consider as an original 
bill for the purpose of amendment under the 5-minute rule an amendment 
in the nature of a substitute printed in the Congressional Record and 
numbered 1. That amendment in the nature of a substitute shall be 
considered read.
  The text of the amendment in the nature of a substitute is as 
follows:


                               H.R. 4828

       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.

[[Page H8761]]

                   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

[[Page H8762]]

     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

[[Page H8763]]

     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 two 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.

[[Page H8764]]

       (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 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.

[[Page H8765]]

     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.


[[Page H8766]]


  The CHAIRMAN. During consideration of the bill for amendment, the 
Chair may accord priority in recognition to a Member offering an 
amendment that he has printed in the designated place in the 
Congressional Record. Those amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.
  Are there any amendments?
  If not, the question is on the amendment in the nature of a 
substitute.
  The amendment in the nature of a substitute was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Knollenberg) having assumed the chair, Mrs. Biggert, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 4828), to 
designate wilderness areas and a cooperative management and protection 
area in the vicinity of Steens Mountain in Harney County, Oregon, and 
for other purposes, pursuant to House Resolution 609, she reported the 
bill back to the House with an amendment adopted by the Committee of 
the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment in the nature of a substitute.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed.
  The title of the bill was amended so as to read: ``A bill to 
designate the Steens Mountain Wilderness Area and the Steens Mountain 
Cooperative Management and Protection Area in Harney County, Oregon, 
and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________