SUBCHAPTER CXXV—STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA
§460nnn. Definitions
In this subchapter:
(1) Advisory council
The term "advisory council" means the Steens Mountain Advisory Council established by part D.1
(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 subchapter.
(3) Cooperative Management and Protection Area
The term "Cooperative Management and Protection Area" means the Steens Mountain Cooperative Management and Protection Area designated by part A.
(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
(7) Redband Trout Reserve
The term "Redband Trout Reserve" means the Donner und Blitzen Redband Trout Reserve designated by
(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
(10) Wilderness Area
The term "Wilderness Area" means the Steens Mountain Wilderness Area designated by part B.
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Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning
Part D, referred to in par. (1), was in the original "title IV", meaning title IV of
Statutory Notes and Related Subsidiaries
Short Title
Purposes
"(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."
1 See References in Text note below.
§460nnn–1. Maps and legal descriptions
(a) Preparation and submission
As soon as practicable after October 30, 2000, 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 part C.
(4) The mineral withdrawal area designated by part D.
(5) The wildlands juniper management area established by part E.
(6) The land exchanges required by part F.
(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 subchapter, 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.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (b), was in the original "this Act", meaning
§460nnn–2. Valid existing rights
Nothing in this subchapter shall effect 1 any valid existing right.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning
1 So in original. Probably should be "affect".
§460nnn–3. Protection of tribal rights
Nothing in this subchapter shall be construed to diminish the rights of any Indian tribe. Nothing in this subchapter 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.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning
Part A—Steens Mountain Cooperative Management and Protection Area
subpart 1—designation and purposes
§460nnn–11. 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
(2) The mineral withdrawal area designated by part D.
(3) The wildlands juniper management area established by part E.
(
§460nnn–12. 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.
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subpart 2—management of federal lands
§460nnn–21. 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 (
(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 4 years after October 30, 2000, 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 subchapter;
(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
(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.
(
Editorial Notes
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is
This subchapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act", meaning
§460nnn–22. 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
(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 subchapter shall have the effect of terminating any valid existing right-of-way on Federal lands included in the Cooperative Management and Protection Area.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (e)(2), was in the original "this Act", meaning
§460nnn–23. 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
(c) Juniper management
The Secretary shall emphasize the restoration of the historic fire regime in the Cooperative Management and Protection Area and the resulting native vegetation communities through active management of Western Juniper on a landscape level. Management measures shall include the use of natural and prescribed burning.
(d) Hunting, fishing, and trapping
(1) Authorization
The Secretary shall permit hunting, fishing, and trapping on Federal lands included in the Cooperative Management and Protection Area in accordance with applicable laws and regulations of the United States and the State of Oregon.
(2) Area and time limitations
After consultation with the Oregon Department of Fish and Wildlife, the Secretary may designate zones where, and establish periods when, hunting, trapping or fishing is prohibited on Federal lands included in the Cooperative Management and Protection Area for reasons of public safety, administration, or public use and enjoyment.
(e) Grazing
(1) Continuation of existing law
Except as otherwise provided in this section and part F, 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
(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 subchapter; 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
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (f)(2), was in the original "this Act", meaning
§460nnn–24. Land acquisition authority
(a) Acquisition
(1) Acquisition authorized
In addition to the land acquisitions authorized by part F, 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 part F 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 part F 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 part B 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 part F 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
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§460nnn–25. 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 (
(
Editorial Notes
References in Text
The Wilderness Act, referred to in text, is
This subchapter, referred to in text, was in the original "this Act", meaning
subpart 3—cooperative management
§460nnn–41. 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.
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§460nnn–42. 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 subchapter.
(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 subchapter.
(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 subchapter is intended to affect rights or interests in real property or supersede State law.
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a), (b), and (d), was in the original "this Act", meaning
subpart 4—advisory council
§460nnn–51. 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 subpart 3 of this part.
(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) 1 Terms
(1) Staggered terms
Members of the advisory council shall be appointed for terms of 3 years, except that, of the members first appointed, four members shall be appointed for a term of 1 year and four members shall be appointed for a term of 2 years.
(2) Reappointment
A member may be reappointed to serve on the advisory council.
(3) Vacancy
A vacancy on the advisory council shall be filled in the same manner as the original appointment.
(d) 1 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 2 shall be subject to the Federal Land Policy and Management Act of 1976 (
(
Editorial Notes
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (h), is
Amendments
2022—Subsec. (h).
1 So in original. Two subsecs. (d) have been enacted.
2 So in original. Probably should be "advisory council".
§460nnn–52. Advisory role in management activities
(a) Management recommendations
The advisory committee 1 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 1 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.
(
1 So in original. Probably should be "advisory council".
§460nnn–53. 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.
(
Part B—Steens Mountain Wilderness Area
§460nnn–61. 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.
(
Editorial Notes
Codification
Section is comprised of section 201 of
§460nnn–62. Administration of Wilderness Area
(a) General rule
The Secretary shall administer the Wilderness Area in accordance with this part and the Wilderness 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 460nnn–22(d) 1 of this title.
(d) Grazing
(1) Administration
Except as provided in
(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
(
Editorial Notes
References in Text
The Wilderness Act, referred to in subsec. (a), is
The effective date of the Wilderness Act, referred to in subsec. (a), means Sept. 3, 1964, the date of enactment of
This subchapter, referred to in subsec. (d)(1), was in the original "this Act", meaning
1 So in original. Probably should be section "460nnn–22(e)".
§460nnn–63. Water rights
Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning
§460nnn–64. Treatment of wilderness study areas
(a) Status unaffected
Except as provided in
(b) Management
The wilderness study areas referred to in subsection (a) shall continue to be managed under
(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
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this Act", meaning
Part C—Wild and Scenic Rivers and Trout Reserve
§460nnn–71. Designation of streams for wild and scenic river status in Steens Mountain Area
(a), (b) Omitted
(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 (
(
Editorial Notes
References in Text
For the amendments made by this section, referred to in subsec. (c), see Codification note below.
The Wild and Scenic Rivers Act, referred to in subsec. (c), is
Codification
Section is comprised of section 301 of
§460nnn–72. 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 (
(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.
(
Editorial Notes
References in Text
The Wilderness Act, referred to in subsec. (e)(1), is
The Wild and Scenic Rivers Act, referred to in subsec. (e)(1), is
Part D—Mineral Withdrawal Area
§460nnn–81. 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
(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 subchapter 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
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (b), was in the original "this Act", meaning
§460nnn–82. Treatment of State lands and mineral interests
(a) Acquisition required
The Secretary shall acquire, for approximately equal value and as agreed to by the Secretary and the State of Oregon, lands and interests in lands owned by the State within the boundaries of the mineral withdrawal area designated pursuant to
(b) Acquisition methods
The Secretary shall acquire such State lands and interests in lands in exchange for—
(1) Federal lands or Federal mineral interests that are outside the boundaries of the mineral withdrawal area;
(2) a monetary payment to the State; or
(3) a combination of a conveyance under paragraph (1) and a monetary payment under paragraph (2).
(
Part E—Establishment of Wildlands Juniper Management Area
§460nnn–91. Wildlands Juniper Management Area
(a) Establishment
To further the purposes of
(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
(
§460nnn–92. Release from wilderness study area status
The Federal lands included in the Wildlands Juniper Management Area established under
(
Part F—Land Exchanges
§460nnn–101. 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
(b) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in subsection (a) and the disbursement referred to in subsection (d), Roaring Springs Ranch, Incorporated, shall convey to the Secretary parcels of land consisting of approximately 10,909 acres, as depicted on the map referred to in
(c) Treatment of grazing
Paragraphs (2) and (3) of
(d) Disbursement
Upon completion of the land exchange authorized by this section, the Secretary is authorized to make a disbursement to Roaring Springs Ranch, Incorporated, in the amount of $2,889,000.
(e) Completion of conveyance
The Secretary shall complete the conveyance of the Federal lands under subsection (a) within 70 days after the Secretary accepts the lands described in subsection (b).
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§460nnn–102. 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
(2) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in paragraph (1) and the disbursement referred to in paragraph (3), C. M. Otley shall convey to the Secretary a parcel of land in the headwaters of Kiger gorge consisting of approximately 851 acres, as depicted on the map referred to in
(3) Disbursement
Upon completion of the land exchange authorized by this subsection, the Secretary is authorized to make a disbursement to C.M. Otley, in the amount of $920,000.
(b) Otley Brothers exchange
(1) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative Management and Protection Area, the Secretary may carry out a land exchange with the Otley Brother's, Inc., to convey all right, title, and interest of the United States in and to certain parcels of land under the jurisdiction of the Bureau of Land Management in the vicinity of Steens Mountain, Oregon, as depicted on the map referred to in
(2) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in paragraph (1) and the disbursement referred to in subsection (3), the Otley Brother's, Inc., shall convey to the Secretary a parcel of land in the headwaters of Kiger gorge consisting of approximately 505 acres, as depicted on the map referred to in
(3) Disbursement
Upon completion of the land exchange authorized by this subsection, the Secretary is authorized to make a disbursement to Otley Brother's, Inc., in the amount of $400,000.
(c) Completion of conveyance
The Secretary shall complete the conveyances of the Federal lands under subsections (a) and (b) within 70 days after the Secretary accepts the lands described in such subsections.
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§460nnn–103. 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
(b) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in subsection (a) and the disbursement referred to in subsection (c), Tom J. Davis Livestock, Incorporated, shall convey to the Secretary a parcel of land consisting of approximately 5,103 acres, as depicted on the map referred to in
(c) Disbursement
Upon completion of the land exchange authorized by this section, the Secretary is authorized to make a disbursement to Tom J. Davis Livestock, Incorporated, in the amount of $800,000.
(d) Completion of conveyance
The Secretary shall complete the conveyance of the Federal lands under subsection (a) within 70 days after the Secretary accepts the lands described in subsection (b).
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§460nnn–104. 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
(b) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in subsection (a) and the disbursement referred to in subsection (d), the Lowther (Clemens) Ranch shall convey to the Secretary a parcel of land consisting of approximately 1,078 acres, as depicted on the map referred to in
(c) Treatment of grazing
Paragraphs (2) and (3) of
(d) Disbursement
Upon completion of the land exchange authorized by this section, the Secretary is authorized to make a disbursement to Lowther (Clemens) Ranch, in the amount of $148,000.
(e) Completion of conveyance
The Secretary shall complete the conveyance of the Federal lands under subsection (a) within 70 days after the Secretary accepts the lands described in subsection (b).
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§460nnn–105. General provisions applicable to land exchanges
(a) Map
The land conveyances described in this part 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 part 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
(c) Conditions on acceptance
Title to the non-Federal lands to be conveyed under this part 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 part 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 part, shall be borne by the Secretary.
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Part G—Funding Authorities
§460nnn–121. Authorization of appropriations
Except as provided in
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Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning
§460nnn–122. 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
(b) Term of use
Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
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Editorial Notes
Amendments
2014—Subsec. (a).