Home > 106th Congressional Bills > H.R. 4828 (enr) To designate the Steens Mountain Wilderness Area and the Steens Mountain Cooperative Management and Protection Area in Harney County, Oregon, and for other purposes. [Enrolled bill] ...

H.R. 4828 (enr) To designate the Steens Mountain Wilderness Area and the Steens Mountain Cooperative Management and Protection Area in Harney County, Oregon, and for other purposes. [Enrolled bill] ...


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106th CONGRESS
  2d Session
                                H. R. 4828

_______________________________________________________________________

                                 AN ACT


 
    To designate the Steens Mountain Wilderness Area and the Steens 
 Mountain Cooperative Management and Protection Area in Harney County, 
                    Oregon, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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

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

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

                  Subtitle A--Designation and Purposes

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

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

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

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

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

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

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

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

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

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

SEC. 2. DEFINITIONS.

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

SEC. 3. MAPS AND LEGAL DESCRIPTIONS.

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

SEC. 4. VALID EXISTING RIGHTS.

    Nothing in this Act shall effect any valid existing right.

SEC. 5. PROTECTION OF TRIBAL RIGHTS.

    Nothing in this Act shall be construed to diminish the rights of 
any Indian tribe. Nothing in this Act shall be construed to diminish 
tribal rights, including those of the Burns Paiute Tribe, regarding 
access to Federal lands for tribal activities, including spiritual, 
cultural, and traditional food gathering activities.

  TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

                  Subtitle A--Designation and Purposes

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

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

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

    (a) Purpose.--The purpose of the Cooperative Management and 
Protection Area is to conserve, protect, and manage the long-term 
ecological integrity of Steens Mountain for future and present 
generations.
    (b) Objectives.--To further the purpose specified in subsection 
(a), and consistent with such purpose, the Secretary shall manage the 
Cooperative Management and Protection Area for the benefit of present 
and future generations--
            (1) to maintain and enhance cooperative and innovative 
        management projects, programs and agreements between tribal, 
        public, and private interests in the Cooperative Management and 
        Protection Area;
            (2) to promote grazing, recreation, historic, and other 
        uses that are sustainable;
            (3) to conserve, protect and to ensure traditional access 
        to cultural, gathering, religious, and archaeological sites by 
        the Burns Paiute Tribe on Federal lands and to promote 
        cooperation with private landowners;
            (4) to ensure the conservation, protection, and improved 
        management of the ecological, social, and economic environment 
        of the Cooperative Management and Protection Area, including 
        geological, biological, wildlife, riparian, and scenic 
        resources; and
            (5) to promote and foster cooperation, communication, and 
        understanding and to reduce conflict between Steens Mountain 
        users and interests.

                Subtitle B--Management of Federal Lands

SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.

    (a) In General.--The Secretary shall manage all Federal lands 
included in the Cooperative Management and Protection Area pursuant to 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.) and other applicable provisions of law, including this Act, in a 
manner that--
            (1) ensures the conservation, protection, and improved 

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