[House Report 106-929]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-929
HOUSE OF REPRESENTATIVES
2d Session Part 1
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STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION ACT OF 2000
_______
October 3, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 4828]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; PURPOSES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Steens Mountain
Cooperative Management and Protection Act of 2000''.
(b) Purposes.--The purposes of this Act are the following:
(1) To maintain the cultural, economic, ecological, and
social health of the Steens Mountain area in Harney County,
Oregon.
(2) To designate the Steens Mountain Wilderness Area.
(3) To designate the Steens Mountain Cooperative Management
and Protection Area.
(4) To provide for the acquisition of private lands through
exchange for inclusion in the Wilderness Area and the
Cooperative Management and Protection Area.
(5) To provide for and expand cooperative management
activities between public and private landowners in the
vicinity of the Wilderness Area and surrounding lands.
(6) To authorize the purchase of land and development and
nondevelopment rights.
(7) To designate additional components of the National Wild
and Scenic Rivers System.
(8) To establish a reserve for redband trout and a wildlands
juniper management area.
(9) To establish a citizens' management advisory council for
the Cooperative Management and Protection Area.
(10) To maintain and enhance cooperative and innovative
management practices between the public and private land
managers in the Cooperative Management and Protection Area.
(11) To promote viable and sustainable grazing and recreation
operations on private and public lands.
(12) To conserve, protect, and manage for healthy watersheds
and the long-term ecological integrity of Steens Mountain.
(13) To authorize only such uses on Federal lands in the
Cooperative Management and Protection Area that are consistent
with the purposes of this Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; purposes; table of contents.
Sec. 2. Definitions.
Sec. 3. Maps and legal descriptions.
Sec. 4. Valid existing rights.
Sec. 5. Protection of tribal rights.
TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA
Subtitle A--Designation and Purposes
Sec. 101. Designation of Steens Mountain Cooperative Management and
Protection Area.
Sec. 102. Purpose and objectives of Cooperative Management and
Protection Area.
Subtitle B--Management of Federal Lands
Sec. 111. Management authorities and purposes.
Sec. 112. Roads and travel access.
Sec. 113. Land use authorities.
Sec. 114. Land acquisition authority.
Sec. 115. Special use permits.
Subtitle C--Cooperative Management
Sec. 121. Cooperative management agreements.
Sec. 122. Cooperative efforts to control development and encourage
conservation.
Subtitle D--Advisory Council
Sec. 131. Establishment of advisory council.
Sec. 132. Advisory role in management activities.
Sec. 133. Science committee.
TITLE II--STEENS MOUNTAIN WILDERNESS AREA
Sec. 201. Designation of Steens Mountain Wilderness Area.
Sec. 202. Administration of Wilderness Area.
Sec. 203. Water rights.
Sec. 204. Treatment of wilderness study areas.
TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE
Sec. 301. Designation of streams for wild and scenic river status in
Steens Mountain area.
Sec. 302. Donner und Blitzen River redband trout reserve.
TITLE IV--MINERAL WITHDRAWAL AREA
Sec. 401. Designation of mineral withdrawal area.
Sec. 402. Treatment of State lands and mineral interests.
TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA
Sec. 501. Wildlands juniper management area.
Sec. 502. Release from wilderness study area status.
TITLE VI--LAND EXCHANGES
Sec. 601. Land exchange, Roaring Springs Ranch.
Sec. 602. Land exchanges, C.M. Otley and Otley Brothers.
Sec. 603. Land exchange, Tom J. Davis Livestock, Incorporated.
Sec. 604. Land exchange, Lowther (Clemens) Ranch.
Sec. 605. General provisions applicable to land exchanges.
TITLE VII--FUNDING AUTHORITIES
Sec. 701. Authorization of appropriations.
Sec. 702. Use of land and water conservation fund.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``advisory council'' means
the Steens Mountain Advisory Council established by title IV.
(2) Cooperative management agreement.--An agreement to plan
or implement (or both) cooperative recreation, ecological,
grazing, fishery, vegetation, prescribed fire, cultural site
protection, wildfire or other measures to beneficially meet
public use needs and the public land and private land
objectives of this Act.
(3) Cooperative Management and Protection Area.--The term
``Cooperative Management and Protection Area'' means the Steens
Mountain Cooperative Management and Protection Area designated
by title I.
(4) Easements.--
(A) Conservation easement.--The term ``conservation
easement'' means a binding contractual agreement
between the Secretary and a landowner in the
Cooperative Management and Protection Area under which
the landowner, permanently or during a time period
specified in the agreement, agrees to conserve or
restore habitat, open space, scenic, or other
ecological resource values on the land covered by the
easement.
(B) Nondevelopment easement.--The term
``nondevelopment easement'' means a binding contractual
agreement between the Secretary and a landowner in the
Cooperative Management and Protection Area that will,
permanently or during a time period specified in the
agreement--
(i) prevent or restrict development on the
land covered by the easement; or
(ii) protect open space or viewshed.
(5) Ecological integrity.--The term ``ecological integrity''
means a landscape where ecological processes are functioning to
maintain the structure, composition, activity, and resilience
of the landscape over time, including--
(A) a complex of plant communities, habitats and
conditions representative of variable and sustainable
successional conditions; and
(B) the maintenance of biological diversity, soil
fertility, and genetic interchange.
(6) Management plan.--The term ``management plan'' means the
management plan for the Cooperative Management and Protection
Area and the Wilderness Area required to be prepared by section
111(b).
(7) Redband trout reserve.--The term ``Redband Trout
Reserve'' means the Donner und Blitzen Redband Trout Reserve
designated by section 302.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Land Management.
(9) Science committee.--The term ``science committee'' means
the committee of independent scientists appointed under section
133.
(10) Wilderness area.--The term ``Wilderness Area'' means the
Steens Mountain Wilderness Area designated by title II.
SEC. 3. MAPS AND LEGAL DESCRIPTIONS.
(a) Preparation and Submission.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall prepare and
submit to Congress maps and legal descriptions of the following:
(1) The Cooperative Management and Protection Area.
(2) The Wilderness Area.
(3) The wild and scenic river segments and redband trout
reserve designated by title III.
(4) The mineral withdrawal area designated by title IV.
(5) The wildlands juniper management area established by
title V.
(6) The land exchanges required by title VI.
(b) Legal Effect and Correction.--The maps and legal descriptions
referred to in subsection (a) shall have the same force and effect as
if included in this Act, except the Secretary may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Public Availability.--Copies of the maps and legal descriptions
referred to in subsection (a) shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management and in the appropriate office of the Bureau of Land
Management in the State of Oregon.
SEC. 4. VALID EXISTING RIGHTS.
Nothing in this Act shall effect any valid existing right.
SEC. 5. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act shall be construed to diminish the rights of any
Indian tribe. Nothing in this Act shall be construed to diminish tribal
rights, including those of the Burns Paiute Tribe, regarding access to
Federal lands for tribal activities, including spiritual, cultural, and
traditional food gathering activities.
TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA
Subtitle A--Designation and Purposes
SEC. 101. DESIGNATION OF STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA.
(a) Designation.--The Secretary shall designate the Steens Mountain
Cooperative Management and Protection Area consisting of approximately
425,550 acres of Federal land located in Harney County, Oregon, in the
vicinity of Steens Mountain, as generally depicted on the map entitled
``Steens Mountain Boundary Map'' and dated September 18, 2000.
(b) Contents of Map.--In addition to the general boundaries of the
Cooperative Management and Protection Area, the map referred to in
subsection (a) also depicts the general boundaries of the following:
(1) The no livestock grazing area described in section
113(e).
(2) The mineral withdrawal area designated by title IV.
(3) The wildlands juniper management area established by
title V.
SEC. 102. PURPOSE AND OBJECTIVES OF COOPERATIVE MANAGEMENT AND
PROTECTION AREA.
(a) Purpose.--The purpose of the Cooperative Management and
Protection Area is to conserve, protect, and manage the long-term
ecological integrity of Steens Mountain for future and present
generations.
(b) Objectives.--To further the purpose specified in subsection (a),
and consistent with such purpose, the Secretary shall manage the
Cooperative Management and Protection Area for the benefit of present
and future generations--
(1) to maintain and enhance cooperative and innovative
management projects, programs and agreements between tribal,
public, and private interests in the Cooperative Management and
Protection Area;
(2) to promote grazing, recreation, historic, and other uses
that are sustainable;
(3) to conserve, protect and to ensure traditional access to
cultural, gathering, religious, and archaeological sites by the
Burns Paiute Tribe on Federal lands and to promote cooperation
with private landowners;
(4) to ensure the conservation, protection, and improved
management of the ecological, social, and economic environment
of the Cooperative Management and Protection Area, including
geological, biological, wildlife, riparian, and scenic
resources; and
(5) to promote and foster cooperation, communication, and
understanding and to reduce conflict between Steens Mountain
users and interests.
Subtitle B--Management of Federal Lands
SEC. 111. MANAGEMENT AUTHORITIES AND PURPOSES.
(a) In General.--The Secretary shall manage all Federal lands
included in the Cooperative Management and Protection Area pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and other applicable provisions of law, including this Act, in a
manner that--
(1) ensures the conservation, protection, and improved
management of the ecological, social and economic environment
of the Cooperative Management and Protection Area, including
geological, biological, wildlife, riparian, and scenic
resources, North American Indian tribal and cultural and
archaeological resource sites, and additional cultural and
historic sites; and
(2) recognizes and allows current and historic recreational
use.
(b) Management Plan.--Within four years after the date of the
enactment of this Act, the Secretary shall develop a comprehensive plan
for the long-range protection and management of the Federal lands
included in the Cooperative Management and Protection Area, including
the Wilderness Area. The plan shall--
(1) describe the appropriate uses and management of the
Cooperative Management and Protection Area consistent with this
Act;
(2) incorporate, as appropriate, decisions contained in any
current or future management or activity plan for the
Cooperative Management and Protection Area and use information
developed in previous studies of the lands within or adjacent
to the Cooperative Management and Protection Area;
(3) provide for coordination with State, county, and private
local landowners and the Burns Paiute Tribe; and
(4) determine measurable and achievable management
objectives, consistent with the management objectives in
section 102, to ensure the ecological integrity of the area.
(c) Monitoring.--The Secretary shall implement a monitoring program
for Federal lands in the Cooperative Management and Protection Area so
that progress towards ecological integrity objectives can be
determined.
SEC. 112. ROADS AND TRAVEL ACCESS.
(a) Transportation Plan.--The management plan shall include, as an
integral part, a comprehensive transportation plan for the Federal
lands included in the Cooperative Management and Protection Area, which
shall address the maintenance, improvement, and closure of roads and
trails as well as travel access.
(b) Prohibition on Off-Road Motorized Travel.--
(1) Prohibition.--The use of motorized or mechanized vehicles
on Federal lands included in the Cooperative Management and
Protection Area--
(A) is prohibited off road; and
(B) is limited to such roads and trails as may be
designated for their use as part of the management
plan.
(2) Exceptions.--Paragraph (1) does not prohibit the use of
motorized or mechanized vehicles on Federal lands included in
the Cooperative Management and Protection Area if the Secretary
determines that such use--
(A) is needed for administrative purposes or to
respond to an emergency; or
(B) is appropriate for the construction or
maintenance of agricultural facilities, fish and
wildlife management, or ecological restoration
projects, except in areas designated as wilderness or
managed under the provisions of section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782).
(c) Road Closures.--Any determination to permanently close an
existing road in the Cooperative Management and Protection Area or to
restrict the access of motorized or mechanized vehicles on certain
roads shall be made in consultation with the advisory council and the
public.
(d) Prohibition on New Construction.--
(1) Prohibition, exception.--No new road or trail for
motorized or mechanized vehicles may be constructed on Federal
lands in the Cooperative Management and Protection Area unless
the Secretary determines that the road or trail is necessary
for public safety or protection of the environment. Any
determination under this subsection shall be made in
consultation with the advisory council and the public.
(2) Trails.--Nothing in this subsection is intended to limit
the authority of the Secretary to construct or maintain trails
for nonmotorized or nonmechanized use.
(e) Access to Nonfederally Owned Lands.--
(1) Reasonable access.--The Secretary shall provide
reasonable access to nonfederally owned lands or interests in
land within the boundaries of the Cooperative Management and
Protection Area and the Wilderness Area to provide the owner of
the land or interest the reasonable use thereof.
(2) Effect on existing rights-of-way.--Nothing in this Act
shall have the effect of terminating any valid existing right-
of-way on Federal lands included in the Cooperative Management
and Protection Area.
SEC. 113. LAND USE AUTHORITIES.
(a) In General.--The Secretary shall allow only such uses of the
Federal lands included in the Cooperative Management and Protection
Area as the Secretary finds will further the purposes for which the
Cooperative Management and Protection Area is established.
(b) Commercial Timber.--
(1) Prohibition.--The Federal lands included in the
Cooperative Management and Protection Area shall not be made
available for commercial timber harvest.
(2) Limited exception.--The Secretary may authorize the
removal of trees from Federal lands in the Cooperative
Management and Protection Area only if the Secretary determines
that the removal is clearly needed for purposes of ecological
restoration and maintenance or for public safety. Except in the
Wilderness Area and the wilderness study areas referred to in
section 204(a), the Secretary may authorize the sale of
products resulting from the authorized removal of trees under
this paragraph.
(c) Juniper Management.--The Secretary shall emphasize the
restoration of the historic fire regime in the Cooperative Management
and Protection Area and the resulting native vegetation communities
through active management of Western Juniper on a landscape level.
Management measures shall include the use of natural and prescribed
burning.
(d) Hunting, Fishing, and Trapping.--
(1) Authorization.--The Secretary shall permit hunting,
fishing, and trapping on Federal lands included in the
Cooperative Management and Protection Area in accordance with
applicable laws and regulations of the United States and the
State of Oregon.
(2) Area and time limitations.--After consultation with the
Oregon Department of Fish and Wildlife, the Secretary may
designate zones where, and establish periods when, hunting,
trapping or fishing is prohibited on Federal lands included in
the Cooperative Management and Protection Area for reasons of
public safety, administration, or public use and enjoyment.
(e) Grazing.--
(1) Continuation of existing law.--Except as otherwise
provided in this Act, 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--
(A) become part of the Wilderness Area; and
(B) be managed pursuant to title II and the other
laws applicable to the Wilderness Area.
(3) Lands within wilderness study area.--If the lands or
interests in lands acquired under subsection (a) or title VI
are within the boundaries of a wilderness study area, the
acquired lands or interests in lands shall--
(A) become part of that wilderness study area; and
(B) be managed pursuant to the laws applicable to
that wilderness study area.
(c) Appraisal.--In appraising non-Federal land, development rights,
or conservation easements for possible acquisition under this section
or section 122, the Secretary shall disregard any adverse impacts on
values resulting from the designation of the Cooperative Management and
Protection Area or the Wilderness Area.
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.
(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 subsection (a), and livestock shall be excluded from
these lands.
SEC. 203. WATER RIGHTS.
(a) Reservation.--Congress hereby reserves a quantity of water
sufficient to fulfill the purposes for which the Wilderness Area are
designated. The priority date of such reserved rights shall be the date
of the enactment of this Act.
(b) Protection.--The Secretary shall take such steps as may be
necessary to protect the rights reserved by subsection (a), including
the filing by the Secretary of a claim for the quantification of the
rights in any present or future appropriate stream adjudication in the
courts of the State of Oregon in which the United States is or may be
joined and which is conducted in accordance with section 208 of the Act
of July 10, 1952 (43 U.S.C. 666; commonly referred the McCarran
Amendment).
(c) Relation to Other Reservations.--Nothing in this Act shall be
construed as a relinquishment or reduction of any water rights reserved
or appropriated by the United States in the State of Oregon on or
before the date of enactment of this Act.
SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.
(a) Status Unaffected.--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.--
(1) Applicable laws.--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.
(2) Certain activities permitted.--Consistent with section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), the Secretary may permit water
developments, juniper management, and fencing in a wilderness
study area referred to in subsection (a) when necessary to
protect or enhance wilderness values. The Secretary may not
permit management of juniper species in the wilderness study
areas with mechanized tools unless the Secretary first
considers nonmechanized treatments and the recommendations of
the science committee and the advisory council.
(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 Creek, 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:
``(163) Wildhorse Creek, 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 a
wild river:
``(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) 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.
The Secretary shall acquire all right, title, and interest of the
State of Oregon in lands owned by the State within the boundaries of
the mineral withdrawal area designated pursuant to section 401 in
exchange for--
(1) Federal lands or Federal mineral interests that are
outside the boundaries of the mineral withdrawal area, are of
approximately equal value, and are agreed to by the parties;
(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 section and section 113(c)
regarding juniper management in the Cooperative Management and
Protection Area.
SEC. 502. RELEASE FROM WILDERNESS STUDY AREA STATUS.
The Federal lands included in the Wildlands Juniper Management Area
established under section 501 are no longer subject to the requirement
of section 603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)) pertaining to managing the lands so as not to
impair the suitability of the lands for preservation as wilderness.
TITLE VI--LAND EXCHANGES
SEC. 601. LAND EXCHANGE, ROARING SPRINGS RANCH.
(a) Exchange Authorized.--For the purpose of protecting and
consolidating Federal lands within the Cooperative Management and
Protection Area, the Secretary may carry out a land exchange with
Roaring Springs Ranch, Incorporated, to convey all right, title, and
interest of the United States in and to certain parcels of land under
the jurisdiction of the Bureau of Land Management in the vicinity of
Steens Mountain, Oregon, as depicted on the map referred to in section
605(a), consisting of a total of approximately 76,373.53 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), Roaring
Springs Ranch, Incorporated, shall convey to the Secretary parcels of
land consisting of approximately 10,908.72 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) Economic Adjustment Disbursements.--Upon the completion of the
land exchange authorized by this section, the Secretary shall make an
economic adjustment disbursement to the Roaring Springs Ranch,
Incorporated, in the amount of $2,889,000 to compensate for lost
productivity and economic activity caused by the dislocation and
reallocation of resources and the disruption and termination of
traditional management techniques as a result of the enactment of this
Act.
(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 3,844.58 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),
C.M. Otley shall convey to the Secretary a parcel of land in
the headwaters of Kiger gorge consisting of approximately
851.13 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) Economic adjustment disbursements.--Upon the completion
of the land exchange authorized by this subsection, the
Secretary shall make an economic adjustment disbursement to
C.M. Otley in the amount of $920,000 to compensate for lost
productivity and economic activity caused by the dislocation
and reallocation of resources and the disruption and
termination of traditional management techniques as a result of
the enactment of this Act.
(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 6,880.54 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),
the Otley Brother's, Inc., shall convey to the Secretary a
parcel of land in the headwaters of Kiger gorge consisting of
approximately 504.91 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) Economic adjustment disbursements.--Upon the completion
of the land exchange authorized by this subsection, the
Secretary shall make an economic adjustment disbursement to
Otley Brother's, Inc., in the amount of $400,000 to compensate
for lost productivity and economic activity caused by the
dislocation and reallocation of resources and the disruption
and termination of traditional management techniques as a
result of the enactment of this Act.
(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 5,339.51 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), Tom J.
Davis Livestock, Incorporated, shall convey to the Secretary a parcel
of land consisting of approximately 5,103.2 acres, as depicted on the
map referred to in section 605(a), for inclusion in the Wilderness
Area.
(c) Economic Adjustment Disbursements.--Upon the completion of the
land exchange authorized by this section, the Secretary shall make an
economic adjustment disbursement to Tom J. Davis Livestock,
Incorporated, in the amount of $800,000 to compensate for lost
productivity and economic activity caused by the dislocation and
reallocation of resources and the disruption and termination of
traditional management techniques as a result of the enactment of this
Act.
(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 11,795.84 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), the
Lowther (Clemens) Ranch shall convey to the Secretary a parcel of land
consisting of approximately 1,077.67 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) Economic Adjustment Disbursements.--Upon the completion of the
land exchange authorized by this section, the Secretary shall make an
economic adjustment disbursement to the Lowther (Clemens) Ranch in the
amount of $148,000 to compensate for lost productivity and economic
activity caused by the dislocation and reallocation of resources and
the disruption and termination of traditional management techniques as
a result of the enactment of this Act.
(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 section 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.
Purpose of the Bill
The purpose of H.R. 4828 is 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.
Background and Need for Legislation
The Steens Mountain area in southeastern Oregon is a unique
geologic formation that is home to a wide diversity of flora
and fauna. The Steens Mountain fault block stretches sixty
miles, rises to an elevation of 9,700 feet and drops 5,500 feet
in three miles to the historic lakebed of the Alvord Desert.
The federal lands on Steens Mountain are managed by the
Bureau of Land Management, an agency of the Department of the
Interior. There is significant private ownership in the area,
with over 270 separate landowners controlling about one-third
of the land. There are several large ranching operations that
graze their livestock on both public and private lands in the
Steens Mountain area.
In 1999, the Secretary of the Interior publicly indicated
that, in his judgment, the Steens Mountain area was in need of
protection beyond that provided in federal law for lands
managed as public domain lands. The Secretary further indicated
that if Congress did not enact additional protections for the
area, he would recommend to the President that the area be
designated as a National Monument under the Antiquities Act of
1906.
This determination by the Secretary was in contrast to the
recommendation by the Southeast Oregon Resource Advisory
Council (RAC) on October 22, 1999, that ``[c]urrent management
programs are working and there should be no designation of a
National Park or National Monument.'' The Southeast Oregon RAC
is a federal advisory committee appointed by the Secretary of
the Interior.
Faced with the prospect of a National Monument designation,
which was opposed by the majority of local residents, the
Oregon delegation began a lengthy negotiation process that
included the Governor of Oregon and the Secretary of the
Interior. This bill, as reported out of the Committee on
Resources, is the product of those negotiations, and is
intended to enhance statutory protections for the area while
maintaining the viability of historic ranching and recreational
operations in the Steens Mountain area.
The Committee recognizes that the legislation contains no
language to address the transitions that will occur as the land
exchanges are executed and the management plan for the
Cooperative Management and Protection Area is developed. It is
the Committee's understanding that the Department of the
Interior has existing management plans and other guidelines
that will be used during this interim period.
H.R. 4828 would withdraw about 1.2 million acres from
mining and geothermal development, and designate about 174,000
acres as wilderness. It would also create a non-grazing zone of
approximately 100,000 acres as well as a 500,000 acre
Cooperative Management and Protection Area. In addition, H.R.
4828 would establish the Wildlands Juniper Management Area,
expand the Donner und Blitzen Wild and Scenic River, designate
the Donner und Blitzen Redband Trout Reserve, authorize the
Secretary of the Interior to carry out a number of land
exchanges to facilitate the purposes of this legislation, and
allow the conservation of these lands to remain under local
management.
Section-by-Section Analysis
Section 1. Short title; purposes; table of contents
Section 1 contains the short title (the Steens Mountain
Cooperative Management and Protection Act of 2000), a list of
the purposes of the bill, and the table of contents.
Section 2. Definitions
Section 2 defines the terms: ``Advisory Council'';
``Cooperative Management Agreement''; ``Cooperative Management
and Protection Area''; ``Conservation Easement'';
``Nondevelopment Easement''; ``Ecological Integrity'';
``Management Plan''; ``Redband Trout Reserve''; ``Secretary'';
``Science Committee''; and ``Wilderness Area''.
Section 3. Maps and legal descriptions
This section directs the Secretary of the Interior to
prepare and submit to Congress maps and legal descriptions of
the six specified areas.
Section 4. Valid existing rights
Nothing in this bill affects valid existing rights.
Section 5. Protection of tribal rights
This section clarifies the effect of the bill on Indian
tribal rights.
TITLE I--STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA
Section 101. Designation of Steens Mountain Cooperative Management and
Protection Area
Under this section, the Secretary of the Interior shall
designate the Steens Mountain Cooperative Management and
Protection Area, consisting of approximately 425,550 acres of
federal land in Harney County, Oregon.
Section 102. Purpose and objectives of Cooperative Management and
Protection Area
Section 102 sets forth the purpose and objectives for the
Area.
Section 111. Management authorities and purposes
This section sets forth provisions regarding management of
federal lands in the Area. It requires a plan, within four
years of enactment, for the long-range protection and
management of such lands.
Section 112. Roads and travel access
This section requires a comprehensive transportation plan
for federal lands in the Area as part of the Management Plan.
It prohibits off-road travel on federal lands in the Area,
except under certain circumstances. Any determination to close
an existing road or to restrict vehicular access on certain
roads requires consultation with the advisory council and the
public. The section bars construction of roads or trails for
motorized vehicles unless the Secretary determines it necessary
for public safety or environmental protection. The Secretary
shall provide reasonable access to nonfederal lands in the
Area. Nothing in the bill shall terminate a valid existing
right-of-way on federal lands in the Area.
Section 113. Land use authorities
Section 113 allows only such uses of federal lands in the
Area as the Secretary finds further the purposes for which the
Area is established. The section prohibits commercial timber
harvest, and permits the removal of trees only if needed for
ecological restoration and maintenance or public safety. It
authorizes the sale of forest products from removals outside
the wilderness areas or wilderness study areas. The section
describes juniper management priorities and goals in the Area.
It permits hunting, fishing and trapping on Area lands, with
certain limitations. The section requires the cancellation of
grazing permits on specified allotments, designates forage
replacements in other allotments, and requires the Secretary to
construct fencing and water developments on replacement
allotments. The section bars the construction of new facilities
on federal lands in the Area unless minimal in nature and
consistent with the purposes of the bill. Section 113 withdraws
federal lands in the Area from all forms of entry,
appropriation, or disposal under the public land laws, except
for certain exchanges.
Section 114. Land acquisition authority
Section 114 authorizes the Secretary to acquire non-federal
lands and interests in lands in the Area or the wilderness
areas established by this bill. The section stipulates how
acquired lands will be managed. In appraising lands, the
Secretary shall disregard any adverse impacts on values
resulting from the designation of the Area.
Section 115. Special use permits
Section 115 authorizes the Secretary to renew a special
recreational use permit to the extent the permit is consistent
with the Wilderness Act. If not, the Secretary is directed to
seek other opportunities for the permit holder to realize
historic permit use.
Section 121. Cooperative management agreements
This section authorizes the Secretary to work with non-
federal landowners in the Area who agree to participate in the
cooperative management of federal and non-federal lands in the
Area. It permits the Secretary to enter into agreements with
the Burns Paiute Tribe to protect cultural sites in the Area.
Section 122. Cooperative efforts to control development and encourage
conservation
This section outlines cooperative efforts to control
development and encourage conservation. Nothing in this bill is
intended to affects rights or interests in real property or
supersede State law.
Section 131. Establishment of advisory council
This section requires the Secretary to establish the Steens
Mountain Advisory Council to advise the Secretary in managing
the wilderness areas and the Area and in promoting cooperative
management. The section specifies how the 12 voting members
will be nominated. All members will be appointed by the
Secretary. The section further specifies terms, administrative
support, state liaison, and laws applicable to the advisory
council.
Section 132. Advisory role in management activities
Section 132 outlines the role of the advisory council in
developing recommendations for the Secretary regarding the
management of the Area.
Section 133. Science Committee
Section 133 directs the Secretary to appoint, as needed or
at the advisory council's request, a team of scientists to
provide advice on questions relating to Area management.
TITLE II--STEENS MOUNTAIN WILDERNESS AREAS
Section 201. Designation of Steens Mountain Wilderness Area
This section designates certain federal lands within the
Area as wilderness.
Section 202. Administration of wilderness area
The Secretary shall administer the wilderness area in
accordance with this title and the Wilderness Act. Any
wilderness boundary along a road will be set back from the
centerline consistent with Bureau of Land Management
guidelines. The section provides reasonable access to private
lands within the boundary of the wilderness area, and retires
certain grazing permits in the wilderness area.
Section 203. Water rights
Section 203 reserves a quantity of water sufficient to
fulfill the purposes for which the wilderness areas are
designated.
Section 204. Treatment of wilderness study areas
Wilderness study areas within the Area which are not
designated as wilderness will continue to be managed as
wilderness study areas. The section cites activities that may
be permitted in wilderness study areas consistent with section
603(c) of the Federal Land Policy and Management Act of 1976,
and expands the Basque Hills Wilderness Study Area.
TITLE III--WILD AND SCENIC RIVERS AND TROUT RESERVE
Section 301. Designation of streams for wild and scenic river status in
Steens Mountain Area
Section 301 amends the Wild and Scenic Rivers Act to
include segments of Mud Creek, Ankle Creek, the South Fork of
Ankle Creek, Little Wildhorse Creek and Wildhorse Creeks, all
located in the Area. All segments are designated as a wild
river.
Section 302. Donner und Blitzen River Redband Trout Reserve
Section 302 directs the Secretary to designate the Donner
und Blitzen Redband Trout Reserve, and specifies the purposes
of the Reserve. The Reserve excludes private lands adjacent to
the river from the Reserve. The section requires the Secretary
to 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. The section
further authorizes outreach and education programs associated
with the Reserve.
TITLE IV--MINERAL WITHDRAWAL AREA
Section 401. Designation of mineral withdrawal area
This section requires all federal lands included within the
mineral withdrawal boundary to be withdrawn from location,
entry, and patent under the mining laws and operation of the
mineral leasing, geothermal, and minerals materials laws. It
authorizes the development of saleable mineral resources, for
road maintenance use only, in certain identified locations
within the mineral withdrawal boundary where development was
previously authorized.
Section 402. Treatment of State lands and mineral interests
Section 402 provides for the exchange of lands and mineral
interests managed by the Oregon Division of State Lands and
located within the mineral withdrawal area for federal lands or
mineral interests outside such area, or a monetary payment to
the State, or some combination thereof.
TITLE V--ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA
Section 501. Wildlands Juniper Management Area
The Secretary shall establish a Wildlands Juniper
Management Area to further the purposes of section 133(c) of
the bill. The section authorizes $5 million to carry out this
title and section 113(c).
Section 502. Release from wilderness study area status
Lands in the Wildlands Juniper Management Area are released
from wilderness study area status.
TITLE VI--LAND EXCHANGES
Section 601. Land exchange, Roaring Springs Ranch
Section 602. Land exchanges, C.M. Otley and Otley Brothers
Section 603. Land exchange, Tom J. Davis Livestock, Incorporated
Section 604. Land exchange, Lowther (Clemens) Ranch
Section 605. General provisions applicable to land exchanges
These sections authorize the Secretary, for purposes of
protecting and consolidating federal lands within the
wilderness areas, to carry out five separate land exchanges
with specified corporations and individuals, and to include
acquired private lands in a wilderness area. The sections
provide non-federal parties with economic adjustment
disbursements to compensate for lost productivity and economic
activity caused by the dislocation and reallocation of
resources and the disruption and termination of traditional
management techniques as a result of the enactment of this
bill. The sections also specify the deadline for the completion
of each exchange.
TITLE VII--FUNDING AUTHORITIES
Section 701. Authorization of appropriations
Section 701 authorizes such sums as may be necessary to
carry out the bill, except as provided for in Section 702.
Section 702. Use of Land and Water Conservation Fund
Section 702 authorizes appropriations from the Land and
Water Conservation Fund for acquisition of non-federal lands
and interests in the Area and wilderness areas and for entering
into nondevelopment and conservation easements.
Committee Action
H.R. 4828 was introduced on July 12, 2000, by Congressman
Greg Walden (R-OR). The bill was referred to the Committee on
Resources, and additionally to the Committee on Agriculture.
Within the Committee the bill was referred to the Subcommittee
on National Parks and Public Lands and the Subcommittee on
Energy and Mineral Resources. On July 18, 2000, the
Subcommittee on National Parks and Public Lands conducted a
hearing on the bill. On September 20, 2000, the full Resources
Committee met to consider H.R. 4828. The Subcommittee on
National Parks and Public Lands and the Subcommittee on Energy
and Mineral Resources were discharged from further
consideration of the bill by unanimous consent. Congressman
Walden offered an amendment in the nature of a substitute that
reflected further negotiations among the parties involved.
Congressman Richard Pombo (R-CA) offered and withdrew an
amendment to strike section 203(a) from the bill. Congressman
Mark Udall (D-CO) offered and withdrew an amendment which
affected the wilderness study areas under the bill. The
amendment in the nature of a substitute was adopted by voice
vote. The bill, as amended, was then ordered favorably reported
to the House of Representatives, by a vote of 24 to 5, as
follows:
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Federal Advisory Committee Statement
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, enactment of this
bill could affect direct spending (including offsetting
receipts) but any such effects would be less than $500,000 per
year.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 29, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4828, the Steens
Mountain Cooperative Management and Protection Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4828--Steens Mountain Cooperative Management and Protection Act of
2000
Summary: CBO estimates that implementing H.R. 4828 would
cost $30 million over the 2001-2005 period, assuming
appropriation of the necessary amounts. Because the bill would
affect direct spending (including offsetting receipts), pay-as-
you-go procedures would apply, but we estimate that any such
effects would total less than $500,000 a year.
H.R. 4828 would withdraw 896,907 acres of federal land in
the vicinity of Steens Mountain, Oregon, from mining and from
mineral and geothermal leasing and development. Within that
area, the bill would direct the Secretary of the Interior to
establish the Steens Mountain Cooperative Management and
Protection Area on about 425,550 acres of federal land, and
would designate 152,632 acres of other federal lands as
wilderness. H.R. 4828 would authorize the appropriation of $25
million for the Secretary to acquire nonfederal lands and
conservation easements within the proposed protection area and
$5 million to study the role of fire in managing juniper
forests. The bill also would authorize the appropriation of
whatever sums are necessary to manage the federal lands
included in the protection and wilderness areas, conduct
certain land exchanges authorized by the bill, and establish
new programs for managing natural resources within the proposed
protection area.
H.R. 4828 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs incurred by state, local, or tribal governments to
participate in managing the areas affected by this bill would
be voluntary.
Estimated cost to the Federal Government: CBO estimates
that implementing H.R. 4828 would cost $30 million over the
2001-2005 period, assuming appropriation of the necessary
amounts. The legislation also would affect direct spending, but
we estimate that any such impacts would be less than $500,000 a
year. The estimated budgetary impact of H.R. 4828 is shown in
the following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in million of dollars--
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Estimated Authorization Level................................... 0 16 6 6 6 6
Estimated Outlays............................................... 0 8 5 5 6 6
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 4828 also would affect direct spending, but by less than $500,000 a year.
Basis of estimate: For this estimate, we assume that H.R.
4828 will be enacted near the start of fiscal year 2001 and
that the amounts estimated to be necessary will be appropriated
near the start of each fiscal year. Estimates of outlays are
based on historical spending patterns for similar activities.
Spending subject to appropriation
Implementing several provisions of H.R. 4828 would increase
costs for the Bureau of Land Management (BLM), the agency
responsible for managing the federal lands affected by the
bill. Those provisions would:
Authorize the Secretary to establish the
proposed protection and wilderness areas and specify
conditions for grazing and other resource management
activities on those lands,
Authorize the appropriation of $25 million
for the Secretary to acquire nonfederal lands within
the proposed protection area and provide incentives for
landowners within that area to grant conservation
easements on their properties,
Establish the Wildlands Juniper Management
Area and authorize the appropriation of $5 million to
study the role of fire in managing juniper forests,
Authorize several land exchanges.
Establishment and Management Costs. H.R. 4828 would direct
the BLM to establish and manage the proposed protection and
wilderness areas pursuant to a management plan required under
the bill. The bill would require the Secretary to establish an
advisory council to assist in implementing that plan and would
specify certain conditions for the management of resources
within the proposed areas. Within the protection area, H.R.
4828 would require the Secretary to prohibit livestock grazing
in certain areas and to build fences around other specified
areas where grazing would be permitted. The bill would
designate about 24 miles of river segments within the proposed
wilderness area as wild rivers and establish a trout reserve
for conserving and protecting redband trout within those
rivers. Based on information from BLM, CBO estimates that these
activities would cost about $1 million annually.
Acquisition of Land and Easements. H.R. 4828 would
authorize the appropriation of $25 million for BLM to acquire
nonfederal lands within the proposed protection area from
willing sellers and to provide incentives for landowners to
grant non-development or conservation easements on their
property. Based on information from BLM, we estimate that these
activities would cost about $15 million over the next five
years, and that remaining amounts would be spent over the 2006-
2010 period.
Wildlands Juniper Management Area. The bill also would
authorize the appropriation of $5 million for BLM to establish
a management area for studying the role of fire in managing
juniper forests. Based on information from the agency, we
estimate that this effort would cost $5 million over the 2001-
2004 period.
Land Exchanges. H.R. 4828 would authorize the Secretary to
conduct five land exchanges with private parties and would
specify the terms of each of those exchanges. Under the bill,
the Secretary would exchange about 104,234 acres of federal
lands beyond the boundaries of the proposed protection area for
about 18,446 acres of privately-owned land within that area.
The bill would authorize the Secretary to make a specified
payment to the private party involved in each exchange. Based
on information from BLM, we expect that all of the lands would
be exchanged during fiscal year 2001 and that payments made as
part of those exchanges would total about $5 million in that
year.
Finally, H.R. 4828 would direct the Secretary to acquire
from the state of Oregon, through exchange, or purchase,
roughly 1,100 acres of land and 50,000 acres of mineral estate
located within the boundaries of the proposed mineral
withdrawal area. According to BLM and the state, both parties
would prefer to exchange lands of approximately equal value
under this provision. Any payments to the state would come from
appropriated funds. While the terms of any such exchange are
highly uncertain, we expect that any amounts paid to the state
would be insignificant.
Direct spending
H.R. 4828 contains several provisions that could affect
offsetting receipts (a credit against direct spending) and
payments to states for their share of those receipts. First,
subject to valid existing rights, H.R. 4828 would withdraw
certain lands from mining, mineral leasing, and geothermal
leasing. Second, the bill would prohibit commercial timber
harvesting within the proposed protection area. Third, H.R.
4828 would authorize the Secretary to exchange certain federal
lands that currently produce some offsetting receipts. Based on
information from BLM, we estimate that the net impact on direct
spending of those provisions would be less than $500,000 in any
given year. According to the agency, the affected lands
currently generate no significant receipts and are not expected
to do so in the near future.
In addition, H.R. 4828 would authorize the Secretary to
convey to Oregon federal lands in exchange for certain state
lands, but does not specify the federal lands to be exchanged.
Because it is uncertain which federal lands would be exchanged,
we cannot estimate the amount of any forgone receipts that
might result under this provision. Based on information from
BLM regarding the likely terms of any such exchange, however,
we expect that the agency would not exchange lands that produce
a significant amount of receipts. Hence, we expect that any
forgone receipts resulting from a land exchange with the state
would be small.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. H.R.
4828 contains provisions that could reduce offsetting receipts
(a credit against direct spending) from the use of federal
lands; thus, pay-as-you-go procedures would apply. CBO
estimates, however, that any changes in direct spending would
total less than $500,000 a year.
Intergovernmental and private sector impact: H.R. 4828
contains no intergovernmental or private-sector mandates as
defined in UMRA. Any costs incurred by state, local, or tribal
governments to participate in managing the areas affected by
this bill would be voluntary.
Estimate prepared by: Federal Costs: Megan Carroll.
Impact on State, Local, and Tribal Governments: Marjorie
Miller.
Impact on the Private Sector: Lauren Marks.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 3 OF THE WILD AND SCENIC RIVERS ACT
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
(74) Donner und Blitzen, Oregon.--Those segments, including
its major tributaries, as a wild river; to be administered by
the Secretary of the Interior as follows:
(A) The 16.75-mile segment of the Donner und Blitzen
from its confluence with the South Fork Blitzen and
Little Blitzen[;].
(B) [the] The 12.5-mile segment of the Little Blitzen
from its headwaters to its confluence with the South
Fork Blitzen[;].
(C) [the] The 16.5-mile segment of the South Fork
Blitzen from its headwaters to its confluence with the
South Fork Blitzen[;].
(D) [the] The 10-mile segment of Big Indian Creek
from its headwaters to its confluence with the South
Fork Blitzen[;].
(E) [the] The 3.7-mile segment of Little Indian Creek
from its headwaters to its confluence with Big Indian
Creek[; and].
(F) [the] The 13.25-mile segment of Fish Creek from
its headwaters to its confluence with the Donner und
Blitzen.
(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.
* * * * * * *
(163) Wildhorse Creek, 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 a wild river:
(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.
* * * * * * *
Committee Correspondence
House of Representatives,
Committee on Resources,
Washington, DC, October 2, 2000.
Hon. Larry Combest,
Chairman, Committee on Agriculture, Longworth House Office Building,
Washington, DC.
Dear Mr. Chairman: On September 20, 2000, the Committee on
Resources ordered favorably reported with amendment H.R. 4828,
the Steens Mountain Cooperative Management and Protection Act
of 2000. The bill was referred to the Committee on Resources,
with an additional referral to the Committee on Agriculture.
This bill was ordered favorably reported by a bipartisan vote
of 24 to 5, and its author, Congressman Greg Walden, would like
to see it considered on the Floor before we end the 106th
Congress as it is vitally important to the people of eastern
Oregon.
Knowing that we have only a few days at most left, I ask
that you allow the Committee on Agriculture to be discharged
from further consideration of the bill so that it may be
scheduled under suspension of the rules as soon as possible. By
allowing the Committee on Agriculture to be discharged, I
recognize that this action would not be considered as precedent
for any future referrals of similar measures or seen as
affecting your Committee's jurisdiction over the subject matter
of the bill. Moreover, if the bill is conferenced with the
Senate, I would support naming Agriculture Committee members to
the conference committee. I would also be pleased to include
this letter and your response to the Committee bill report on
H.R. 4828.
Sincerely,
Don Young,
Chairman.
------
House of Representatives,
Committee on Agriculture,
Washington, DC, October 2, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building,
Washington, DC.
Dear Mr. Chairman: Thank you for forwarding a draft copy of
the Committee report to accompany H.R. 4828, a bill to
designate wilderness areas and a cooperative management and
protection area in the vicinity of Steens Mountain in Harney
County, Oregon, as ordered reported by your Committee.
As you are aware, the Committee on Agriculture received an
additional referral of this legislation on those provisions of
H.R. 4828 that fall within this Committee's jurisdiction.
However, after conferring with Chairman Goodlatte of the
Subcommittee on Department Operations, Oversight, Nutrition,
and Forestry, I will be glad to waive further consideration of
this measure so as to allow its timely consideration by the
entire House of Representatives during remainder of the 106th
Congress.
This action is not intended to waive this Committee's
jurisdiction over this matter for all purposes, and in the
event a conference with the Senate is requested in this matter,
I would ask you to support the Committee on Agriculture's
request to be represented.
Thank you very much for your courtesy in this matter and I
look forward to continued cooperation between our Committees as
we deal with these issues in the future.
Sincerely,
Larry Combest,
Chairman.