Loading (50 kb)...'
(continued)
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Areas are hereby withdrawn from all forms of entry, appropriation,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 section 460nnn-12 of this
title and so certifies to Congress.
-SOURCE-
(Pub. L. 106-399, title I, Sec. 113, Oct. 30, 2000, 114 Stat.
1661.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in subsec. (g), are classified
generally to Title 43, Public Lands.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460nnn-11, 460nnn-62,
460nnn-91, 460nnn-101, 460nnn-104 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-24 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 2 - management of federal lands
-HEAD-
Sec. 460nnn-24. Land acquisition authority
-STATUTE-
(a) Acquisition
(1) Acquisition authorized
In addition to the land acquisitions authorized by part F of
this subchapter, 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) of this section or part F of this
subchapter 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) of
this section or part F of this subchapter 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 of this subchapter 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) of this section or part F of this subchapter 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 460nnn-42 of this title, the Secretary shall disregard
any adverse impacts on values resulting from the designation of the
Cooperative Management and Protection Area or the Wilderness Area.
-SOURCE-
(Pub. L. 106-399, title I, Sec. 114, Oct. 30, 2000, 114 Stat.
1662.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn-122 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-25 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 2 - management of federal lands
-HEAD-
Sec. 460nnn-25. Special use permits
-STATUTE-
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 subchapter, as
determined by the Secretary.
-SOURCE-
(Pub. L. 106-399, title I, Sec. 115, Oct. 30, 2000, 114 Stat.
1663.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept.
3, 1964, 78 Stat. 890, as amended, which is classified generally to
chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 1131 of this title and Tables.
-End-
-CITE-
16 USC subpart 3 - cooperative management 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 3 - cooperative management
-HEAD-
SUBPART 3 - COOPERATIVE MANAGEMENT
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in section 460nnn-51 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-41 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 3 - cooperative management
-HEAD-
Sec. 460nnn-41. Cooperative management agreements
-STATUTE-
(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.
-SOURCE-
(Pub. L. 106-399, title I, Sec. 121, Oct. 30, 2000, 114 Stat.
1663.)
-End-
-CITE-
16 USC Sec. 460nnn-42 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 3 - cooperative management
-HEAD-
Sec. 460nnn-42. Cooperative efforts to control development and
encourage conservation
-STATUTE-
(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.
-SOURCE-
(Pub. L. 106-399, title I, Sec. 122, Oct. 30, 2000, 114 Stat.
1664.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460nnn-24, 460nnn-122 of
this title.
-End-
-CITE-
16 USC subpart 4 - advisory council 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 4 - advisory council
-HEAD-
SUBPART 4 - ADVISORY COUNCIL
-End-
-CITE-
16 USC Sec. 460nnn-51 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 4 - advisory council
-HEAD-
Sec. 460nnn-51. Establishment of advisory council
-STATUTE-
(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) of this
section 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 (43 U.S.C. 1701 et seq.) and the
Federal Advisory Committee Act (5 U.S.C. App.).
-SOURCE-
(Pub. L. 106-399, title I, Sec. 131, Oct. 30, 2000, 114 Stat.
1664.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (h), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
The Federal Advisory Committee Act, referred to in subsec. (h),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
-FOOTNOTE-
(!1) So in original. Two subsecs. (d) have been enacted.
(!2) So in original. Probably should be "advisory council".
-End-
-CITE-
16 USC Sec. 460nnn-52 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 4 - advisory council
-HEAD-
Sec. 460nnn-52. Advisory role in management activities
-STATUTE-
(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.
-SOURCE-
(Pub. L. 106-399, title I, Sec. 132, Oct. 30, 2000, 114 Stat.
1665.)
-FOOTNOTE-
(!1) So in original. Probably should be "advisory council".
-End-
-CITE-
16 USC Sec. 460nnn-53 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part A - Steens Mountain Cooperative Management and Protection Area
subpart 4 - advisory council
-HEAD-
Sec. 460nnn-53. Science committee
-STATUTE-
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.
-SOURCE-
(Pub. L. 106-399, title I, Sec. 133, Oct. 30, 2000, 114 Stat.
1666.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn of this title.
-End-
-CITE-
16 USC Part B - Steens Mountain Wilderness Area 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part B - Steens Mountain Wilderness Area
-HEAD-
PART B - STEENS MOUNTAIN WILDERNESS AREA
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 460nnn, 460nnn-24 of this
title.
-End-
-CITE-
16 USC Sec. 460nnn-61 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part B - Steens Mountain Wilderness Area
-HEAD-
Sec. 460nnn-61. Designation of Steens Mountain Wilderness Area
-STATUTE-
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.
-SOURCE-
(Pub. L. 106-399, title II, Sec. 201, Oct. 30, 2000, 114 Stat.
1666.)
-COD-
CODIFICATION
Section is comprised of section 201 of Pub. L. 106-399. Section
201 also enacted provisions listed in a table of Wilderness Areas
set out under section 1132 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-62 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part B - Steens Mountain Wilderness Area
-HEAD-
Sec. 460nnn-62. Administration of Wilderness Area
-STATUTE-
(a) General rule
The Secretary shall administer the Wilderness Area in accordance
with this part 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
October 30, 2000.
(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 section 460nnn-23(e)(2) of this title,
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
subchapter, and in accordance with the guidelines set forth in
Appendices A and B of House Report 101-405 of the 101st Congress.
(2) Retirement of certain permits
The Secretary shall permanently retire all grazing permits
applicable to certain lands in the Wilderness Area, as depicted
on the map referred to in section 460nnn-11(a) of this title, and
livestock shall be excluded from these lands.
-SOURCE-
(Pub. L. 106-399, title II, Sec. 202, Oct. 30, 2000, 114 Stat.
1666.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.
The effective date of the Wilderness Act, referred to in subsec.
(a), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
This subchapter, referred to in subsec. (d)(1), was in the
original "this Act", meaning Pub. L. 106-399, Oct. 30, 2000, 114
Stat. 1655, which is classified generally to this subchapter. For
complete classification of this Act to the Code, see Short Title
note set out under section 460nnn of this title and Tables.
-FOOTNOTE-
(!1) So in original. Probably should be section "460nnn-22(e)".
-End-
-CITE-
16 USC Sec. 460nnn-63 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part B - Steens Mountain Wilderness Area
-HEAD-
Sec. 460nnn-63. Water rights
-STATUTE-
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.
-SOURCE-
(Pub. L. 106-399, title II, Sec. 203, Oct. 30, 2000, 114 Stat.
1667.)
-End-
-CITE-
16 USC Sec. 460nnn-64 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part B - Steens Mountain Wilderness Area
-HEAD-
Sec. 460nnn-64. Treatment of wilderness study areas
-STATUTE-
(a) Status unaffected
Except as provided in section 460nnn-92 of this title, 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
subchapter.
(b) Management
The wilderness study areas referred to in subsection (a) of this
section shall continue to be managed under section 1782(c) of title
43 in a manner so as not to impair the suitability of the areas for
preservation as wilderness.
(c) Expansion of Basque Hills Wilderness Study Area
The boundaries of the Basque Hills Wilderness Study Area are
hereby expanded to include the Federal lands within sections 8, 16,
17, 21, 22, and 27 of township 36 south, range 31 east, Willamette
Meridian. These lands shall be managed under section 1782(c) of
title 43 to protect and enhance the wilderness values of these
lands.
-SOURCE-
(Pub. L. 106-399, title II, Sec. 204, Oct. 30, 2000, 114 Stat.
1667.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn-23 of this title.
-End-
-CITE-
16 USC Part C - Wild and Scenic Rivers and Trout Reserve 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part C - Wild and Scenic Rivers and Trout Reserve
-HEAD-
PART C - WILD AND SCENIC RIVERS AND TROUT RESERVE
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 460nnn-1 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-71 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part C - Wild and Scenic Rivers and Trout Reserve
-HEAD-
Sec. 460nnn-71. Designation of streams for wild and scenic river
status in Steens Mountain Area
-STATUTE-
(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 (16 U.S.C. 1271 et seq.) and the Wilderness Area,
the more restrictive requirements shall apply.
-SOURCE-
(Pub. L. 106-399, title III, Sec. 301, Oct. 30, 2000, 114 Stat.
1667.)
-REFTEXT-
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
Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is
classified generally to chapter 28 (Sec. 1271 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1271 of this title and
Tables.
-COD-
CODIFICATION
Section is comprised of section 301 of Pub. L. 106-399. Subsecs.
(a) and (b) of section 301 of Pub. L. 106-399 amended section 1274
of this title.
-End-
-CITE-
16 USC Sec. 460nnn-72 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part C - Wild and Scenic Rivers and Trout Reserve
-HEAD-
Sec. 460nnn-72. Donner und Blitzen River Redband Trout Reserve
-STATUTE-
(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.
-SOURCE-
(Pub. L. 106-399, title III, Sec. 302, Oct. 30, 2000, 114 Stat.
1668.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (e)(1), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.
The Wild and Scenic Rivers Act, referred to in subsec. (e)(1), is
Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is
classified generally to chapter 28 (Sec. 1271 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1271 of this title and
Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn of this title.
-End-
-CITE-
16 USC Part D - Mineral Withdrawal Area 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part D - Mineral Withdrawal Area
-HEAD-
PART D - MINERAL WITHDRAWAL AREA
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 460nnn, 460nnn-1, 460nnn-11
of this title.
-End-
-CITE-
16 USC Sec. 460nnn-81 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part D - Mineral Withdrawal Area
-HEAD-
Sec. 460nnn-81. Designation of mineral withdrawal area
-STATUTE-
(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 460nnn-11(a) of this title 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) of this section.
(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 section 460nnn-11(a) of this
title 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 October 30,
2000.
-SOURCE-
(Pub. L. 106-399, title IV, Sec. 401, Oct. 30, 2000, 114 Stat.
1669.)
-REFTEXT-
REFERENCES IN TEXT
The mining laws and the mineral leasing laws, referred to in
subsec. (a), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (a)(2), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30, Mineral Lands and Mining.
This subchapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 106-399, Oct. 30, 2000, 114 Stat. 1655,
which is classified generally to this subchapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 460nnn of this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn-82 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-82 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part D - Mineral Withdrawal Area
-HEAD-
Sec. 460nnn-82. Treatment of State lands and mineral interests
-STATUTE-
(a) Acquisition required
The Secretary shall acquire, for approximately equal value and as
agreed to by the Secretary and the State of Oregon, lands and
interests in lands owned by the State within the boundaries of the
mineral withdrawal area designated pursuant to section 460nnn-81 of
this title.
(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).
-SOURCE-
(Pub. L. 106-399, title IV, Sec. 402, Oct. 30, 2000, 114 Stat.
1669.)
-End-
-CITE-
16 USC Part E - Establishment of Wildlands Juniper
Management Area 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part E - Establishment of Wildlands Juniper Management Area
-HEAD-
PART E - ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 460nnn-1, 460nnn-11 of this
title.
-End-
-CITE-
16 USC Sec. 460nnn-91 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part E - Establishment of Wildlands Juniper Management Area
-HEAD-
Sec. 460nnn-91. Wildlands Juniper Management Area
-STATUTE-
(a) Establishment
To further the purposes of section 460nnn-23(c) of this title,
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
460nnn-11(a) of this title, 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
460nnn-121 of this title, there is authorized to be appropriated
$5,000,000 to carry out this part and section 460nnn-23(c) of this
title regarding juniper management in the Cooperative Management
and Protection Area.
-SOURCE-
(Pub. L. 106-399, title V, Sec. 501, Oct. 30, 2000, 114 Stat.
1670.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460nnn-92, 460nnn-121 of
this title.
-End-
-CITE-
16 USC Sec. 460nnn-92 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part E - Establishment of Wildlands Juniper Management Area
-HEAD-
Sec. 460nnn-92. Release from wilderness study area status
-STATUTE-
The Federal lands included in the Wildlands Juniper Management
Area established under section 460nnn-91 of this title are no
longer subject to the requirement of section 1782(c) of title 43
pertaining to managing the lands so as not to impair the
suitability of the lands for preservation as wilderness.
-SOURCE-
(Pub. L. 106-399, title V, Sec. 502, Oct. 30, 2000, 114 Stat.
1670.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn-64 of this title.
-End-
-CITE-
16 USC Part F - Land Exchanges 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part F - Land Exchanges
-HEAD-
PART F - LAND EXCHANGES
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 460nnn-1, 460nnn-23,
460nnn-24 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-101 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part F - Land Exchanges
-HEAD-
Sec. 460nnn-101. Land exchange, Roaring Springs Ranch
-STATUTE-
(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 460nnn-105(a) of this title, consisting of a total of
approximately 76,374 acres in exchange for the private lands
described in subsection (b) of this section.
(b) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred
to in subsection (a) of this section and the disbursement referred
to in subsection (d) of this section, Roaring Springs Ranch,
Incorporated, shall convey to the Secretary parcels of land
consisting of approximately 10,909 acres, as depicted on the map
referred to in section 460nnn-105(a) of this title, 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 460nnn-23(e) of this title,
relating to the effect of the cancellation in part of grazing
permits for the South Steens allotment in the Wilderness Area and
reassignment of use areas as described in paragraph (3)(C) of such
section, shall apply to the land exchange authorized by this
section.
(d) Disbursement
Upon completion of the land exchange authorized by this section,
the Secretary is authorized to make a disbursement to Roaring
Springs Ranch, Incorporated, in the amount of $2,889,000.
(e) Completion of conveyance
The Secretary shall complete the conveyance of the Federal lands
under subsection (a) of this section within 70 days after the
Secretary accepts the lands described in subsection (b) of this
section.
-SOURCE-
(Pub. L. 106-399, title VI, Sec. 601, Oct. 30, 2000, 114 Stat.
1670.)
-End-
-CITE-
16 USC Sec. 460nnn-102 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part F - Land Exchanges
-HEAD-
Sec. 460nnn-102. Land exchanges, C. M. Otley and Otley Brothers
-STATUTE-
(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 460nnn-105(a) of this
title, consisting of a total of approximately 3,845 acres in
exchange for the private lands described in paragraph (2).
(2) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands
referred to in paragraph (1) and the disbursement referred to in
paragraph (3), C. M. Otley shall convey to the Secretary a parcel
of land in the headwaters of Kiger gorge consisting of
approximately 851 acres, as depicted on the map referred to in
section 460nnn-105(a) of this title, for inclusion in the
Wilderness Area and the no livestock grazing area as appropriate.
(3) Disbursement
Upon completion of the land exchange authorized by this
subsection, the Secretary is authorized to make a disbursement to
C.M. Otley, in the amount of $920,000.
(b) Otley Brothers exchange
(1) Exchange authorized
For the purpose of protecting and consolidating Federal lands
within the Cooperative Management and Protection Area, the
Secretary may carry out a land exchange with the Otley Brother's,
Inc., to convey all right, title, and interest of the United
States in and to certain parcels of land under the jurisdiction
of the Bureau of Land Management in the vicinity of Steens
Mountain, Oregon, as depicted on the map referred to in section
460nnn-105(a) of this title, consisting of a total of
approximately 6,881 acres in exchange for the private lands
described in paragraph (2).
(2) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands
referred to in paragraph (1) and the disbursement referred to in
subsection (3), the Otley Brother's, Inc., shall convey to the
Secretary a parcel of land in the headwaters of Kiger gorge
consisting of approximately 505 acres, as depicted on the map
referred to in section 460nnn-105(a) of this title, for inclusion
in the Wilderness Area and the no livestock grazing area as
appropriate.
(3) Disbursement
Upon completion of the land exchange authorized by this
subsection, the Secretary is authorized to make a disbursement to
Otley Brother's, Inc., in the amount of $400,000.
(c) Completion of conveyance
The Secretary shall complete the conveyances of the Federal lands
under subsections (a) and (b) of this section within 70 days after
the Secretary accepts the lands described in such subsections.
-SOURCE-
(Pub. L. 106-399, title VI, Sec. 602, Oct. 30, 2000, 114 Stat.
1671.)
-End-
-CITE-
16 USC Sec. 460nnn-103 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part F - Land Exchanges
-HEAD-
Sec. 460nnn-103. Land Exchange, Tom J. Davis Livestock,
Incorporated
-STATUTE-
(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 (continued)