[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.
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