R.S. 2477 Rights-Of-Way Recognition Act
HR 308 IH
110th CONGRESS
1st Session
H. R. 308
To clarify congressional intent with respect to the nature of rights-of-way granted and accepted under former section 2477 of the Revised Statutes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mr. PEARCE introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To clarify congressional intent with respect to the nature of rights-of-way granted and accepted under former section 2477 of the Revised Statutes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, FINDINGS, PURPOSES.
(a) Short Title- This Act may be cited as the `R.S. 2477 Rights-Of-Way Recognition Act'.
(b) Findings- Congress finds the following:
(1) Prior to its repeal by section 706 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), section 2477 of the Revised Statutes of the United States (43 U.S.C. 932) provided a perpetual grant of a `right of way for the construction of highways over public lands, not reserved for public uses'.
(2) The Federal Land Policy and Management Act of 1976 protects R.S. 2477 rights-of-way in existence on October 21, 1976, the date on which R.S. 2477 was repealed.
(3) The R.S. 2477 grant was accepted by establishing a public highway in any manner recognized under State law.
(4) State law, rather than Federal agency rules or regulations, controls how a highway is established for purposes of R.S. 2477 rights-of-way.
(5) Coal and other mineral withdrawal lands are `public lands, not reserved for public uses' for purposes of R.S. 2477 rights-of-way.
(6) Federal agencies may not issue rules or regulations, or adjudicate controversies, relating to R.S. 2477 rights-of-way.
(7) State and local governments should consult with Federal agencies before beginning road improvement projects, but no such consultation is required for routine maintenance projects, and any disagreement arising from any such consultation should be resolved by courts of law rather than by Federal agencies.
(8) Congress should acknowledge R.S. 2477 rights-of-way for routes shown in 1976-86 era official governmental maps.
(c) Purposes- The purposes of this Act are--
(1) to clarify congressional intent with respect to the nature of R.S. 2477 rights-of-way in a manner consistent with the findings set forth in subsection (b);
(2) to establish protocols for appropriate Federal agencies with respect to maintenance, repairs, and improvements of R.S. 2477 highways; and
(3) to acknowledge, recognize, and disclaim all right, title, and interest in and to R.S. 2477 rights-of-way for roads, streets, highways, and trails across Federal land, not reserved for public uses, as recorded in timely official governmental maps and supplemented where appropriate by official governmental aerial photographs.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term `R.S. 2477' means section 2477 of the Revised Statutes (43 U.S.C. 932).
(2) The term `highway' means any route over which the general public has a right of passage and includes any kind of route used for public travel, such as a road for motorized vehicles, carriage way, navigable river, trail, or footpath.
(3) The term `R.S. 2477 highway' means a highway for which an R.S. 2477 right-of-way exists.
(4) The term `R.S. 2477 right-of-way' means a right-of-way for a highway over Federal lands, not reserved for public uses, established by acts on the ground sufficient under applicable State law to establish a highway and thus accept the R.S. 2477 right-of-way grant.
(5) The term `applicable State law' means the common and statutory laws of the State or territory in which a purported R.S. 2477 highway or segment thereof is located.
(6) The term `public lands' means all public domain lands that have been owned by the United States.
(7) The term `public lands, not reserved for public uses' means--
(A) any public lands currently under the ownership of the United States other than tribal lands, national forest reserves, national parks, national recreation areas, national monuments, congressional wilderness, national wild and scenic river system lands, congressionally designated wildlife refuge areas, and congressionally designated wilderness study areas; and
(B) any public lands ever owned by the United States before the land was disposed of or before the land became tribal lands, national forest reserves, national parks, national recreation areas, national monuments, congressional wilderness, national wild and scenic river system lands, congressionally designated wildlife refuge areas, and congressionally designated wilderness study areas.
(8) The term `appropriate Federal agency' means the Federal land management agency with primary responsibility to manage and administer the public land over which a purported R.S. 2477 highway or segment thereof is located.
(9) The term `official governmental aerial photograph' means any air-to-ground photographic image or copy thereof, created by or for, or maintained as part of the records of, any department, division, service, office, bureau, or other agency of the Federal government or of any State, county, municipal, or other local government.
(10) The term `official governmental map' means any highway map, tourist map, topographical map, plat map, quadrangle, survey map, transportation map, land use map, general land office map, township or grid map or any other map issued by or for, or maintained as part of the records of, any department, division, service, office, or other agency of the Federal government or of any State, county, municipal, or other local government.
SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO THE NATURE OF R.S. 2477 RIGHTS-OF-WAY.
Congress makes the following clarifications:
(1) Prior to its repeal on October 21, 1976, R.S. 2477 constituted an unequivocal grant of free rights-of-way over public lands not reserved for public uses.
(2) Legal title to an R.S. 2477 right-of-way could pass to a State or local government without Federal land management agency knowledge, involvement, action, or approval of any kind.
(3) At the time R.S. 2477 was enacted, Congress incorporated applicable State law regarding the establishment of highways, and applicable State laws established the terms of acceptance for R.S. 2477 rights-of-way grants.
(4) Acts on the part of the public, at any time prior to October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever date is earlier, that were sufficient to create a public highway under applicable State law caused legal title to an R.S. 2477 right-of-way to pass to the respective State and county in which such highway was located.
(5) The applicable laws of each State govern the resolution of issues relating to the validity and scope of R.S. 2477 rights-of-way, including--
(A) what constitutes a highway and its essential characteristics;
(B) what actions are required to establish a public highway;
(C) the length of time of public use, if any, necessary to establish a public highway and resulting R.S. 2477 right-of-way;
(D) the necessity of mechanical construction to establish a pubic highway and resulting R.S. 2477 right-of-way; and
(E) the sufficiency of public construction alone without proof of a certain number of years of continuous public use to establish a public highway and resulting R.S. 2477 right-of-way.
(6) R.S. 2477 applied retroactively to validate rights-of-way established prior to the enactment of the statute in 1866.
(7) A highway initially constructed by the Federal Government became an R.S. 2477 right-of-way upon the occurrence of acts on the part of the public, at any time prior to October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever date is earlier, that were sufficient to create a public highway under applicable State law.
(8) At the time R.S. 2477 was enacted, Congress incorporated the common law regarding what constitutes a public highway and its essential characteristics.
(9) The common law concept of a highway recognizes that any route over which the general public has a right of passage, such as a carriage way, navigable river, or footpath, is a `highway'.
(10) Unless specifically provided otherwise by applicable State law, a road need not be mechanically constructed in order to establish acceptance of an R.S. 2477 right-of-way grant.
(11) For purposes of establishing an R.S. 2477 right-of-way, the term `construction' means any one of the ways authorized by the laws of the State in which the subject land is located, including--
(A) the minimum construction necessary to enable the intended public use of the route, such as the moving of boulders, clearing of underbrush and trees, or digging of occasional crude dugways;
(B) actions to build, erect, form, or create the route; and
(C) the forming of the route by repeated use and traffic, without a mechanical means of construction.
(12) For purposes of establishing an R.S. 2477 right-of-way, applicable State law shall determine whether proof of construction alone is sufficient without proof of continuous public use. Nothing in R.S. 2477 is intended to, or shall be construed to, prohibit the establishment of an R.S. 2477 right-of-way under State law upon mere proof of construction without proof of continuous public use.
(13) For purposes of establishing an R.S. 2477 right-of-way, the nature, extent, and degree of continuous public use necessary to satisfy any State-law public continuous use requirements, and the nature, extent, and degree of `construction' activities necessary to satisfy any State-law construction requirements, are questions to be determined under applicable State law.
(14) Unless applicable State law provides to the contrary, nothing in R.S. 2477 is intended to, or shall be construed to, require that roads lead to a definite destination or terminus in order to qualify as a `highway' for purposes of an R.S. 2477 right-of-way grant.
(15) For purposes of R.S. 2477, the term `public lands, not reserved for public uses' includes--
(A) land subject to the Act entitled `An Act for the protection of surface rights of entrymen', approved March 3, 1909 (Chapter 270, 35 Stat. 844; 30 U.S.C. 81);
(B) land subject to the Act entitled `An Act to provide for agricultural entries on coal lands', approved June 22, 1910 (Chapter 318, 36 Stat. 583; 30 U.S.C. 83 et seq.);
(C) land subject to the Act of June 25, 1910, commonly known as the Pickett Act (Chapter 421, 36 Stat. 847; 43 U.S.C. 141 et seq.);
(D) land subject to any coal withdrawal made pursuant to the congressional Acts described in subparagraphs (A), (B), and (C);
(E) land withdrawn under Executive Order 6910, issued November 26, 1934; and
(F) any other land `withdrawn' but not `reserved', and land `reserved' but not `reserved for public uses'.
(16) Any executive branch administrative rule or regulation pertaining to the recognition, management, validity, or scope of an R.S. 2477 right-of-way is prohibited.
(17) Congress has not delegated to any Federal land management agency, or to any other agency in the executive branch, primary jurisdiction or other authority to adjudicate, formally or informally, any claims, disputes, cases, or controversies regarding the validity or scope of R.S. 2477 rights-of-way. Such claims, disputes, cases, and controversies shall be adjudicated only through the courts.
(18) Nothing in this Act is intended nor shall be construed to prohibit a Federal land management agency from making non-binding determinations of validity and scope of R.S. 2477 rights-of-way, if such determinations are made solely--
(A) for the agency's own internal purposes without any intent to be binding or final agency actions; and
(B) for limited purposes such as internal planning decisions regarding land use, or in determining the agency's position in court litigation.
(19) Any such Federal land management agency determination shall not be--
(A) subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) construed to be a binding agency determination; or
(C) given any deference or respect in court proceedings to adjudicate issues of validity or scope of R.S. 2477 rights-of-way, other than deference to the persuasiveness of that determination.
SEC. 4. PROTOCOLS WITH RESPECT TO MAINTENANCE, REPAIRS, AND IMPROVEMENTS OF R.S. 2477 HIGHWAYS.
The following protocols apply with respect to maintenance, repairs, and improvements of R.S. 2477 highways:
(1) Federal agencies shall not require State or local governments to consult with or obtain permission from any Federal land management agency prior to performing routine maintenance and repair on R.S. 2477 rights-of-way routes, as long as State and local governments act within the scope of the right-of-way and such maintenance and repair preserves the existing condition of the route. For purposes of this paragraph, `routine repair and maintenance' includes preservation of an existing road, physical upkeep, repair of wear or damage from natural or other causes, maintenance of the shape of the road, grading or blading to preserve the character of the road in accordance with prior practice, maintenance to ensure proper drainage, and any other activities necessary to preserve the status quo.
(2) Subject to the consultation requirements specified in paragraph (3), Federal land management agencies shall permit improvements by a State or local government to an R.S. 2477 right-of-way route, beyond routine maintenance and repair, if such improvements are reasonable and necessary for the type of use to which the route was put prior to October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever date is earlier. Federal agencies shall not require State and local governments to maintain an R.S. 2477 right-of-way route in precisely the same condition it was on October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever date is earlier, but shall permit those improvements which are reasonably necessary to meet the exigencies of increased travel so long as they are done in light of traditional uses to which the right of way was put as of October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever date is earlier, as determined pursuant to State law.
(3)(A) For proposed improvements to an R.S. 2477 right-of-way route that go beyond routine maintenance and repair, the appropriate Federal agency shall require State and local governments to consult with the agency before allowing such improvement projects to proceed. Examples of improvement projects that go beyond routine maintenance and repair are the following: widening of a road; horizontal or vertical realignment; installation of bridges, culverts, and other drainage structures; significant change in surface composition; and grading or blading for the first time. The appropriate Federal agency shall require State and local governments to advise the agency of the proposed improvement sufficiently in advance of the proposed improvement project to afford the Federal agency a fair opportunity to perform its duties, including the following:
(i) To determine whether the proposed improvement is fair and reasonable in light of the traditional uses of the right-of-way as of October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever date is earlier.
(ii) To study potential effects and determine if the proposed action would impair or degrade the surrounding lands.
(iii) To determine whether modifications in the proposed improvement plans should be made to protect the surrounding lands and propose those modifications, if appropriate.
(iv) To perform the duties described in this subparagraph in a timely and expeditious manner, and refrain from using agency authority, either by delay or unreasonable disapproval, to impair the rights of the R.S. 2477 right-of-way holder.
(B) In the event of a disagreement over the proposed improvement project after the consultation process described in subparagraph (A), the appropriate Federal agency shall resort to the courts for resolution of the disagreement before allowing the State or local government to proceed with the project. The decision of the court shall govern whether and on what terms the improvement project may proceed.
(C) No Federal agency action carried out while performing the duties set forth in subparagraph (A) constitutes a binding agency determination deserving of any deference or respect in court proceedings to adjudicate issues of validity or scope of an R.S. 2477 right-of-way, other than deference to the persuasiveness of that determination.
(D) For all proposed improvement projects within the scope of an R.S. 2477 right-of-way, as understood on October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever such date is earlier, and as determined under applicable State law, Federal agency action carried out while performing the duties set forth in subparagraph (A) shall not be subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 5. ACKNOWLEDGMENT AND RECOGNITION OF VALIDITY OF CERTAIN R.S. 2477 RIGHTS-OF-WAY RECORDED IN OFFICIAL GOVERNMENTAL MAPS AND AERIAL PHOTOGRAPHS, AND DISCLAIMER OF ALL RIGHT, TITLE, AND INTEREST WITH RESPECT THERETO.
Without limiting the ability of States and counties to assert, claim, and pursue legal recourse with respect to other possible R.S. 2477 public rights-of-way claims as provided by law, Congress hereby acknowledges, confirms, recognizes, and forever disclaims, in favor of the respective State and county of location, as joint tenants, the following as having heretofore validly vested under R.S. 2477:
(1) PRE-OCTOBER 21, 1976, GOVERNMENTAL TRANSPORTATION MAPS- A public right-of-way over Federal land (or any Federal-land portion of a public right-of-way over both Federal and non-Federal land) for each and every highway shown on any official governmental map that was published on or before October 21, 1976, excepting those portions that run over Federal land already reserved for public uses before the date on which the relevant governmental map issued. For purposes of R.S. 2477 and this paragraph, lands subject to withdrawal under the Acts described in sections 3(15)(A), 3(15)(B), and 3(15)(C), or subject to any other subsurface mineral and energy withdrawal, do not constitute `Federal land already reserved for public uses'.
(2) OFFICIAL GOVERNMENTAL MAPS PUBLISHED BETWEEN OCTOBER 21, 1976, AND OCTOBER 21, 1986- A public right-of-way over Federal land (or any Federal-land portion of a public right-of-way that crosses over both Federal and non-Federal land) for each and every highway shown on any official governmental map that was published between October 21, 1976, and October 21, 1986, excepting those portions that run over Federal land already reserved for public uses before the date on which the relevant government map issued; Provided, that the given road, street, highway, or trail also appears in an official governmental aerial photograph taken on or before October 21, 1976, or the date on which the subject land may have been reserved for public uses, whichever date is earlier, in which case the form, location, and scope of the right-of-way illustrated in the aerial photograph shall control the extent of the right-of-way acknowledged, confirmed, recognized, and disclaimed herein. For purposes of R.S. 2477 and this paragraph, lands subject to withdrawal under the Acts described in sections 3(15)(A), 3(15)(B), and 3(15)(C), or subject to any other subsurface mineral and energy withdrawal, do not constitute `Federal land already reserved for public uses'.
SEC. 6. RELATIONSHIP TO THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 AND THE ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT.
Nothing in this Act is intended to, or shall be construed to, affect, change, alter, or modify title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) or title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.).
END
Friday, January 25, 2008
Federal Lands REPAIR Act
HON. MARK UDALL
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
FRIDAY, MARCH 9, 2007
* Mr. UDALL of Colorado. Madam Speaker, I am today introducing a bill to provide additional resources for use by the Federal land-managing agencies to restore lands damaged as a result of improper activities and to promote public education about the use of the Federal lands. My Colorado colleague, Representative TANCREDO, is again cosponsoring the legislation. I greatly appreciate his support.
* The bill is based on one part of a bill introduced by Representative TANCREDO that I cosponsored in the 108th and 109th Congresses. Our purpose is to improve the ability of the land-managing agencies--the Bureau of Land Management, National Park Service, and the Fish and Wildlife Service in the Interior Department as well as the Forest Service in the Agriculture Department--to adequately enforce the rules that apply to uses of the lands they manage.
* In the 108th Congress, Mr. TANCREDO and I worked with the Resources Committee's Chairman, Ranking Member, and other Members, to develop a substitute that included a number of improvements in the bill. The Resources Committee approved that substitute, which included provisions similar to those in the bill I am introducing today. However, after the Resources Committee completed its work,
[Page: E504] GPO's PDF
the measure was reviewed by the Judiciary Committee, which made further changes before the bill went to the House floor.
* The most significant change was deletion of the provisions of the bill that allowed the agencies to retain fines paid for violations of land-use regulations and to use those funds for repairing damages to the lands and for public education. I regretted that change because in addition to more adequate authority to enforce regulations, the land-managing agencies need more resources--more money and more people--if we want them to do a better job.
* The House passed the bill as revised by the Judiciary Committee, but the 108th Congress adjourned before the Senate could complete action on it. Accordingly, in the 109th Congress Mr. TANCREDO reintroduced the House-passed bill and I cosponsored it, and I introduced a separate bill which he cosponsored. We are repeating that pattern of cooperation today.
* The Tancredo-Udall bill of the 108th Congress would have allowed the land-managing agencies to use money from fines to help pay for some of the restoration work caused by violations of regulations and for public education.
* The bill I am introducing today is similar. It would allow agencies to use money collected as fines to be used for repairing damage caused by the actions that lead to the fines or by similar actions. It would also allow them to use the money to increase public awareness of regulations and other requirements regarding use of Federal lands. And it provides that any of the money not needed for those purposes would be credited to the Crime Victims Fund in the Treasury.
* Madam Speaker, this is a modest bill but an important one. I think it deserves the support of our colleagues and I will do all I can to achieve its enactment into law.
HR 1463 IH
110th CONGRESS
1st Session
H. R. 1463
To provide a source of funds to carry out restoration activities on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 9, 2007
Mr. UDALL of Colorado (for himself and Mr. TANCREDO) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide a source of funds to carry out restoration activities on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title- This Act may be cited as the `Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act' or the `Federal Lands REPAIR Act'.
(b) Findings- Congress finds the following:
(1) Violations of laws and regulations applicable to the use of Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture often result in damages to those lands that require expenditures for restoration activities to mitigate the damages.
(2) Increased public information and education regarding the laws and regulations applicable to the use of these Federal lands can help to reduce the frequency of unintentional violations.
(3) It is appropriate that fines and other monetary penalties paid as a result of violations of laws and regulations applicable to the use of these Federal lands be used to defray the costs of such restoration activities and to provide such public information and education.
SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE TO PUBLIC LANDS FOR RESTORATION AND INFORMATIONAL ACTIVITIES.
(a) Lands Under Jurisdiction of Bureau of Land Management- Section 305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1735) is amended by adding at the end the following new subsection:
`(d) Use of Collected Fines-
`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation prescribed under section 303(a) shall be available to the Secretary, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the public lands rendered necessary by the action which led to the fine or by similar actions.
`(B) To increase public awareness of regulations and other requirements regarding the use of the public lands.
`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
(b) National Park System Lands- Section 3 of the National Park Service Organic Act (16 U.S.C. 3), is amended--
(1) by striking `That the Secretary' the first place it appears and inserting `(a) Regulations for Use and Management of National Park System; Enforcement- The Secretary';
(2) by striking `He may also' the first place it appears and inserting the following:
`(b) Special Management Authorities- The Secretary of the Interior may';
(3) by striking `He may also' the second place it appears and inserting `The Secretary may';
(4) by striking `No natural,' and inserting the following:
`(c) Lease and Permit Authorities- No natural'; and
(5) by adding at the end the following new subsection:
`(d) Use of Collected Fines-
`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a rule or regulation prescribed under this section shall be available to the Secretary of the Interior, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the National Park System lands rendered necessary by the action which led to the fine or by similar actions.
`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands.
`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
(c) National Wildlife Refuge System Lands- Subsection (f) of section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following new paragraphs:
`(3) USE OF COLLECTED FINES- Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of this Act or a regulation issued thereunder shall be available to the Secretary, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the System lands rendered necessary by the action which led to the fine or by similar actions.
`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of System lands.
`(4) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (3) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
(d) National Forest System Lands- The eleventh undesignated paragraph under the heading `SURVEYING THE PUBLIC LANDS' of the Act of June 4, 1897 (16 U.S.C. 551), is amended--
(1) by inserting before the first sentence the following:
`SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS.
`(a) Regulations for Use and Protection of National Forest System- ';
(2) by striking `destruction; and any violation' and inserting the following: `destruction.
`(b) Violations; Penalties- Any violation'; and
(3) by adding at the end the following new subsection:
`(c) Use of Collected Fines-
`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys received by the United States as a result of a collateral payment in lieu of appearance or a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation issued under subsection (a) shall be available to the Secretary of Agriculture, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on National Forest System lands rendered necessary by the action which led to the fine or payment.
`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands.
`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary of Agriculture determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
END
HON. MARK UDALL
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
FRIDAY, MARCH 9, 2007
* Mr. UDALL of Colorado. Madam Speaker, I am today introducing a bill to provide additional resources for use by the Federal land-managing agencies to restore lands damaged as a result of improper activities and to promote public education about the use of the Federal lands. My Colorado colleague, Representative TANCREDO, is again cosponsoring the legislation. I greatly appreciate his support.
* The bill is based on one part of a bill introduced by Representative TANCREDO that I cosponsored in the 108th and 109th Congresses. Our purpose is to improve the ability of the land-managing agencies--the Bureau of Land Management, National Park Service, and the Fish and Wildlife Service in the Interior Department as well as the Forest Service in the Agriculture Department--to adequately enforce the rules that apply to uses of the lands they manage.
* In the 108th Congress, Mr. TANCREDO and I worked with the Resources Committee's Chairman, Ranking Member, and other Members, to develop a substitute that included a number of improvements in the bill. The Resources Committee approved that substitute, which included provisions similar to those in the bill I am introducing today. However, after the Resources Committee completed its work,
[Page: E504] GPO's PDF
the measure was reviewed by the Judiciary Committee, which made further changes before the bill went to the House floor.
* The most significant change was deletion of the provisions of the bill that allowed the agencies to retain fines paid for violations of land-use regulations and to use those funds for repairing damages to the lands and for public education. I regretted that change because in addition to more adequate authority to enforce regulations, the land-managing agencies need more resources--more money and more people--if we want them to do a better job.
* The House passed the bill as revised by the Judiciary Committee, but the 108th Congress adjourned before the Senate could complete action on it. Accordingly, in the 109th Congress Mr. TANCREDO reintroduced the House-passed bill and I cosponsored it, and I introduced a separate bill which he cosponsored. We are repeating that pattern of cooperation today.
* The Tancredo-Udall bill of the 108th Congress would have allowed the land-managing agencies to use money from fines to help pay for some of the restoration work caused by violations of regulations and for public education.
* The bill I am introducing today is similar. It would allow agencies to use money collected as fines to be used for repairing damage caused by the actions that lead to the fines or by similar actions. It would also allow them to use the money to increase public awareness of regulations and other requirements regarding use of Federal lands. And it provides that any of the money not needed for those purposes would be credited to the Crime Victims Fund in the Treasury.
* Madam Speaker, this is a modest bill but an important one. I think it deserves the support of our colleagues and I will do all I can to achieve its enactment into law.
HR 1463 IH
110th CONGRESS
1st Session
H. R. 1463
To provide a source of funds to carry out restoration activities on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 9, 2007
Mr. UDALL of Colorado (for himself and Mr. TANCREDO) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide a source of funds to carry out restoration activities on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title- This Act may be cited as the `Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act' or the `Federal Lands REPAIR Act'.
(b) Findings- Congress finds the following:
(1) Violations of laws and regulations applicable to the use of Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture often result in damages to those lands that require expenditures for restoration activities to mitigate the damages.
(2) Increased public information and education regarding the laws and regulations applicable to the use of these Federal lands can help to reduce the frequency of unintentional violations.
(3) It is appropriate that fines and other monetary penalties paid as a result of violations of laws and regulations applicable to the use of these Federal lands be used to defray the costs of such restoration activities and to provide such public information and education.
SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE TO PUBLIC LANDS FOR RESTORATION AND INFORMATIONAL ACTIVITIES.
(a) Lands Under Jurisdiction of Bureau of Land Management- Section 305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1735) is amended by adding at the end the following new subsection:
`(d) Use of Collected Fines-
`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation prescribed under section 303(a) shall be available to the Secretary, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the public lands rendered necessary by the action which led to the fine or by similar actions.
`(B) To increase public awareness of regulations and other requirements regarding the use of the public lands.
`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
(b) National Park System Lands- Section 3 of the National Park Service Organic Act (16 U.S.C. 3), is amended--
(1) by striking `That the Secretary' the first place it appears and inserting `(a) Regulations for Use and Management of National Park System; Enforcement- The Secretary';
(2) by striking `He may also' the first place it appears and inserting the following:
`(b) Special Management Authorities- The Secretary of the Interior may';
(3) by striking `He may also' the second place it appears and inserting `The Secretary may';
(4) by striking `No natural,' and inserting the following:
`(c) Lease and Permit Authorities- No natural'; and
(5) by adding at the end the following new subsection:
`(d) Use of Collected Fines-
`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a rule or regulation prescribed under this section shall be available to the Secretary of the Interior, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the National Park System lands rendered necessary by the action which led to the fine or by similar actions.
`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands.
`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
(c) National Wildlife Refuge System Lands- Subsection (f) of section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following new paragraphs:
`(3) USE OF COLLECTED FINES- Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of this Act or a regulation issued thereunder shall be available to the Secretary, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the System lands rendered necessary by the action which led to the fine or by similar actions.
`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of System lands.
`(4) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (3) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
(d) National Forest System Lands- The eleventh undesignated paragraph under the heading `SURVEYING THE PUBLIC LANDS' of the Act of June 4, 1897 (16 U.S.C. 551), is amended--
(1) by inserting before the first sentence the following:
`SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS.
`(a) Regulations for Use and Protection of National Forest System- ';
(2) by striking `destruction; and any violation' and inserting the following: `destruction.
`(b) Violations; Penalties- Any violation'; and
(3) by adding at the end the following new subsection:
`(c) Use of Collected Fines-
`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys received by the United States as a result of a collateral payment in lieu of appearance or a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation issued under subsection (a) shall be available to the Secretary of Agriculture, without further appropriation and until expended, for the following purposes:
`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on National Forest System lands rendered necessary by the action which led to the fine or payment.
`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands.
`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary of Agriculture determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).'.
END
Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act
S 2379 IS
110th CONGRESS
1st Session
S. 2379
To authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, to provide for the exchange of certain Monument land in exchange for private land, to designate certain Monument land as wilderness, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 16, 2007
Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, to provide for the exchange of certain Monument land in exchange for private land, to designate certain Monument land as wilderness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds that--
(1) Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), which established the Cascade-Siskiyou National Monument, created unique regulatory and statutory overlays with respect to the Monument;
(2) compensating lessees that voluntarily waive their grazing leases and end livestock grazing on Federal land in and near the Monument would provide lessees new economic opportunities, including opportunities to--
(A) restructure ranch operations;
(B) start new businesses; or
(C) retire with security;
(3) regardless of the legal merits of continued grazing on the Monument, there is support from the ranching, environmental, and other local communities and government officials for a fair and equitable resolution of grazing conflicts;
(4) the land exchange authorized under this Act is in the public interest because the exchange--
(A) furthers the protective purposes of the Monument;
(B) provides for consolidated land ownership;
(C) improves land and resource management;
(D) decreases management costs; and
(E) resolves public conflict;
(5) the waiver of grazing leases under this Act is not intended to reflect on--
(A) the legal or ecological merit of continued grazing within the Monument; or
(B) the merit of proposals to limit or retire grazing permits in the State of Oregon or any other State; and
(6) designating certain portions of the Monument as wilderness would ensure that an increasing population, expanding settlement, and increasing mechanization would not modify those portions in a manner that would cumulatively deny future generations the opportunity to the wilderness experience.
(b) Purposes- The purposes of this Act are--
(1) to maintain the economic viability of cattle ranching in the vicinity of the Monument;
(2) to authorize the permanent retirement of certain grazing leases and associated allotments within and in the vicinity of the Monument; and
(3) to protect unique ecological diversity and high quality outdoor recreational opportunities in the wildest portions of the Monument by designating the portions as the Soda Mountain Wilderness.
SEC. 3. DEFINITIONS.
In this Act:
(1) BUREAU OF LAND MANAGEMENT LAND- The term `Bureau of Land Management land' means the approximately 40 acres of land under the jurisdiction of the Bureau of Land Management in the Monument, as generally depicted on the land exchange map.
(2) GRAZING ALLOTMENT- The term `grazing allotment' means the Box R, Buck Lake, Buck Mountain, Buck Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and Soda Mountain grazing allotments in the State.
(3) GRAZING LEASE- The term `grazing lease' means any document authorizing the use of a grazing allotment for the purpose of grazing domestic livestock for commercial purposes.
(4) LAND EXCHANGE MAP- The term `land exchange map' means the map entitled `Box R Ranch Land Exchange' and dated [Struck out->][ XXX ][<-Struck out] , 2007.
(5) LANDOWNER- The term `Landowner' means Box-R Ranch in the State.
(6) LESSEE- The term `lessee' means a livestock operator that holds a valid term grazing lease for a grazing allotment.
(7) LIVESTOCK- The term `livestock' does not include beasts of burden used for recreational purposes in the Monument.
(8) MONUMENT- The term `Monument' means the Cascade-Siskiyou National Monument in the State.
(9) RANGE DEVELOPMENT-
(A) IN GENERAL- The term `range development' means any structure, fence, water development, or other permanent fixture placed on a grazing allotment relating to grazing domestic livestock.
(B) EXCLUSIONS- The term `range development' does not include any rolling stock, livestock, or diversions of water from Federal land onto non-Federal land.
(10) ROWLETT PARCEL- The term `Rowlett parcel' means the parcel of approximately 40 acres of private land, as depicted on the land exchange map.
(11) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(12) STATE- The term `State' means the State of Oregon.
(13) WILDERNESS- The term `Wilderness' means the Soda Mountain Wilderness designated by section 6(a).
(14) WILDERNESS MAP- The term `wilderness map' means the map entitled `Soda Mountain Wilderness' and dated [Struck out->][ XXXX ][<-Struck out] , 2007.
SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM.
(a) Existing Grazing Leases-
(1) WAIVER- The Secretary--
(A) shall, subject to the availability of funds, offer to provide compensation to a lessee in exchange for the waiver by a lessee of a grazing lease; and
(B) if the lessee accepts the offer in accordance with this section, shall, not later than 30 days after the date on which the lessee accepts the offer, simultaneously--
(i) provide to the lessee the compensation specified in paragraph (2);
(ii) terminate the grazing lease waived; and
(iii) permanently retire the associated grazing allotment or portion of the grazing allotment from livestock grazing use.
(2) AMOUNT OF COMPENSATION- Compensation for the waiver of a grazing lease under paragraph (1) shall be equal to $300 per authorized animal unit month.
(3) PARTIAL ALLOTMENT RETIREMENTS- If a lessee offers to waive only the Monument portion of a grazing lease for a grazing allotment that is partially in the Monument, the Secretary shall, at full Federal expense, construct and maintain a fence to exclude livestock from the portion of the grazing allotment that is within the boundaries of the Monument.
(4) JOINT LEASE- If a grazing allotment is jointly leased to more than one lessee--
(A) the Secretary shall not accept waiver of a joint grazing lease unless all lessees subject to the grazing lease exercise the option to waive the grazing lease under paragraph (1); or
(B) if the option is not exercised by all the lessees under paragraph (1), the Secretary shall--
(i) in communication, consultation, and cooperation with any lessees that do not exercise the option under paragraph (1), construct and maintain a fence at Federal expense for the purpose of keeping livestock within a reduced area of the grazing allotment that is commercially and seasonally proportional with the remaining authorized animal unit months in the grazing allotment, including private land used as exchange of use on the date of enactment of this Act; and
(ii) accept the waived portion of the joint lease from any joint lessees that have exercised the option under paragraph (1).
(5) LIMITATIONS- The Secretary--
(A) with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument as of the date of enactment of this Act--
(i) shall not issue grazing leases; and
(ii) shall permanently retire the allotments from livestock grazing use; and
(B) shall not establish any new allotments that include--
(i) any Federal land within a grazing allotment or an allotment described in subparagraph (A); or
(ii) any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).
(6) DEADLINE- To waive a grazing lease in accordance with this section, a lessee shall exercise the right to waive the grazing lease by not later than the date that is 3 years after the date of enactment of this Act.
(7) EFFECT OF WAIVER- A lessee who receives compensation for voluntarily waiving a grazing lease under this section shall be considered to have waived any claim to all range developments on the associated grazing allotments.
(8) DONATION OF GRAZING LEASES-
(A) IN GENERAL- Nothing in this section prevents a lessee from donating to the Secretary, at any time, a grazing lease without Federal compensation, in accordance with this section.
(B) ACCEPTANCE BY- If a lessee donates a grazing lease to the Secretary, the Secretary shall accept the donation in accordance with clauses (ii) and (iii) of paragraph (1)(B).
(b) Additional Allocations- Beginning on the date of enactment of this Act, the Secretary shall not authorize any allotments for livestock grazing on Monument land that are not in existence on the date of enactment of this Act.
SEC. 5. LAND EXCHANGE.
(a) In General- For the purpose of protecting and consolidating Federal land within the Monument, the Secretary--
(1) may offer to convey to the Landowner the Bureau of Land Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer, not later than 70 days after the date on which the Landowner conveys acceptable title to the Rowlett parcel to the Secretary, shall convey to the Landowner all right, title, and interest of the United States in and to the Bureau of Land Management land.
(b) Surveys-
(1) IN GENERAL- The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Secretary.
(2) COSTS- The Secretary shall be responsible for paying the costs of--
(A) any survey conducted under paragraph (1); and
(B) any other administrative costs relating to the land exchange authorized under this section.
(c) Conditions-
(1) IN GENERAL- The conveyance of Bureau of Land Management land and the Rowlett parcel under subsection (a) shall be subject to valid existing rights.
(2) TITLE APPROVAL- Title to the Rowlett parcel shall conform with the title approval standards applicable to Federal land acquisitions.
(d) Applicable Law-
(1) IN GENERAL- Except as otherwise provided in this section, the conveyance of Bureau of Land Management land under this section is subject to any laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management.
(2) EXEMPTION- The exchange of land authorized under this section shall not--
(A) require the promulgation of additional regulations by the Secretary; or
(B) be subject to the notice and comment provisions of section 553 of title 5, United States Code.
(e) Grazing Allotment- On completion of the land exchange authorized under this section, the holder of the grazing lease for the Box R grazing allotment shall donate the Box R grazing lease in accordance with section 4(a)(8).
SEC. 6. SODA MOUNTAIN WILDERNESS.
(a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 23,000 acres of Monument land, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Soda Mountain Wilderness'.
(b) Map and Legal Description-
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) FORCE AND EFFECT-
(A) IN GENERAL- The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical error in the map or legal description.
(B) NOTIFICATION- The Secretary shall submit to Congress notice of any changes made in the map or legal description under subparagraph (A), including notice of the reason for the change.
(3) PUBLIC AVAILABILITY- The map and legal description filed under paragraph (1) shall be on file and available for public inspection in--
(A) the Office of the Director of the Bureau of Land Management;
(B) the Office of the Oregon State Director of the Bureau of Land Management; and
(C) the Medford District Office of the Bureau of Land Management.
(c) Administration of Wilderness-
(1) IN GENERAL- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act.
(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES- The Secretary may take such measures in the Wilderness as are necessary to control and prevent fire, insects, and diseases, as provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the guidelines contained in [Struck out->][ the Report of the Committee on Interior and Insular Affairs (H. Rept. 98-40) to accompany the California Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1131 note). ][<-Struck out]
(3) LIVESTOCK-
(A) ADMINISTRATION- Except as provided in section 4 and Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), any grazing of livestock and the maintenance of range development in the Wilderness established before the date of enactment of this Act shall be permitted to continue in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(B) RETIREMENT OF CERTAIN PERMITS- On the retirement of any grazing lease applicable to any portion of the Wilderness, grazing of domestic livestock in the applicable portion of the Wilderness shall be prohibited.
(4) FISH AND WILDLIFE MANAGEMENT- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.
(5) ADJACENT MANAGEMENT-
(A) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around the Wilderness.
(B) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use can be seen or heard from the Wilderness shall not preclude the conduct of the activity or use outside the boundary of the Wilderness.
SEC. 7. EFFECT.
Nothing in this Act--
(1) affects the authority of a Federal agency to otherwise modify or terminate grazing permits or leases without compensation;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease on Federal land;
(4) establishes a precedent for future grazing permit or lease buyout programs; or
(5) affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a private individual, partnership, or corporation.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There is authorized to be appropriated to the Secretary--
(1) $2,000,000 to provide compensation to lessees that waive grazing leases under section 4;
(2) $1,500,000 for fence construction and other methods of livestock control in and near the Monument; and
(3) for fiscal year 2008 and each fiscal year thereafter (adjusted for inflation), $150,000 for the purpose of preventing domestic livestock from entering the grazing allotments or portions of the grazing allotments waived under section 4(a).
(b) Limitation- None of the amounts made available under subsection (a) shall be used by any Federal agency for administrative costs incurred in carrying out this Act.
(c) Availability- Amounts made available under subsection (a) shall remain available until expended.
S 2379 IS
110th CONGRESS
1st Session
S. 2379
To authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, to provide for the exchange of certain Monument land in exchange for private land, to designate certain Monument land as wilderness, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 16, 2007
Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, to provide for the exchange of certain Monument land in exchange for private land, to designate certain Monument land as wilderness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds that--
(1) Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), which established the Cascade-Siskiyou National Monument, created unique regulatory and statutory overlays with respect to the Monument;
(2) compensating lessees that voluntarily waive their grazing leases and end livestock grazing on Federal land in and near the Monument would provide lessees new economic opportunities, including opportunities to--
(A) restructure ranch operations;
(B) start new businesses; or
(C) retire with security;
(3) regardless of the legal merits of continued grazing on the Monument, there is support from the ranching, environmental, and other local communities and government officials for a fair and equitable resolution of grazing conflicts;
(4) the land exchange authorized under this Act is in the public interest because the exchange--
(A) furthers the protective purposes of the Monument;
(B) provides for consolidated land ownership;
(C) improves land and resource management;
(D) decreases management costs; and
(E) resolves public conflict;
(5) the waiver of grazing leases under this Act is not intended to reflect on--
(A) the legal or ecological merit of continued grazing within the Monument; or
(B) the merit of proposals to limit or retire grazing permits in the State of Oregon or any other State; and
(6) designating certain portions of the Monument as wilderness would ensure that an increasing population, expanding settlement, and increasing mechanization would not modify those portions in a manner that would cumulatively deny future generations the opportunity to the wilderness experience.
(b) Purposes- The purposes of this Act are--
(1) to maintain the economic viability of cattle ranching in the vicinity of the Monument;
(2) to authorize the permanent retirement of certain grazing leases and associated allotments within and in the vicinity of the Monument; and
(3) to protect unique ecological diversity and high quality outdoor recreational opportunities in the wildest portions of the Monument by designating the portions as the Soda Mountain Wilderness.
SEC. 3. DEFINITIONS.
In this Act:
(1) BUREAU OF LAND MANAGEMENT LAND- The term `Bureau of Land Management land' means the approximately 40 acres of land under the jurisdiction of the Bureau of Land Management in the Monument, as generally depicted on the land exchange map.
(2) GRAZING ALLOTMENT- The term `grazing allotment' means the Box R, Buck Lake, Buck Mountain, Buck Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and Soda Mountain grazing allotments in the State.
(3) GRAZING LEASE- The term `grazing lease' means any document authorizing the use of a grazing allotment for the purpose of grazing domestic livestock for commercial purposes.
(4) LAND EXCHANGE MAP- The term `land exchange map' means the map entitled `Box R Ranch Land Exchange' and dated [Struck out->][ XXX ][<-Struck out] , 2007.
(5) LANDOWNER- The term `Landowner' means Box-R Ranch in the State.
(6) LESSEE- The term `lessee' means a livestock operator that holds a valid term grazing lease for a grazing allotment.
(7) LIVESTOCK- The term `livestock' does not include beasts of burden used for recreational purposes in the Monument.
(8) MONUMENT- The term `Monument' means the Cascade-Siskiyou National Monument in the State.
(9) RANGE DEVELOPMENT-
(A) IN GENERAL- The term `range development' means any structure, fence, water development, or other permanent fixture placed on a grazing allotment relating to grazing domestic livestock.
(B) EXCLUSIONS- The term `range development' does not include any rolling stock, livestock, or diversions of water from Federal land onto non-Federal land.
(10) ROWLETT PARCEL- The term `Rowlett parcel' means the parcel of approximately 40 acres of private land, as depicted on the land exchange map.
(11) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(12) STATE- The term `State' means the State of Oregon.
(13) WILDERNESS- The term `Wilderness' means the Soda Mountain Wilderness designated by section 6(a).
(14) WILDERNESS MAP- The term `wilderness map' means the map entitled `Soda Mountain Wilderness' and dated [Struck out->][ XXXX ][<-Struck out] , 2007.
SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM.
(a) Existing Grazing Leases-
(1) WAIVER- The Secretary--
(A) shall, subject to the availability of funds, offer to provide compensation to a lessee in exchange for the waiver by a lessee of a grazing lease; and
(B) if the lessee accepts the offer in accordance with this section, shall, not later than 30 days after the date on which the lessee accepts the offer, simultaneously--
(i) provide to the lessee the compensation specified in paragraph (2);
(ii) terminate the grazing lease waived; and
(iii) permanently retire the associated grazing allotment or portion of the grazing allotment from livestock grazing use.
(2) AMOUNT OF COMPENSATION- Compensation for the waiver of a grazing lease under paragraph (1) shall be equal to $300 per authorized animal unit month.
(3) PARTIAL ALLOTMENT RETIREMENTS- If a lessee offers to waive only the Monument portion of a grazing lease for a grazing allotment that is partially in the Monument, the Secretary shall, at full Federal expense, construct and maintain a fence to exclude livestock from the portion of the grazing allotment that is within the boundaries of the Monument.
(4) JOINT LEASE- If a grazing allotment is jointly leased to more than one lessee--
(A) the Secretary shall not accept waiver of a joint grazing lease unless all lessees subject to the grazing lease exercise the option to waive the grazing lease under paragraph (1); or
(B) if the option is not exercised by all the lessees under paragraph (1), the Secretary shall--
(i) in communication, consultation, and cooperation with any lessees that do not exercise the option under paragraph (1), construct and maintain a fence at Federal expense for the purpose of keeping livestock within a reduced area of the grazing allotment that is commercially and seasonally proportional with the remaining authorized animal unit months in the grazing allotment, including private land used as exchange of use on the date of enactment of this Act; and
(ii) accept the waived portion of the joint lease from any joint lessees that have exercised the option under paragraph (1).
(5) LIMITATIONS- The Secretary--
(A) with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument as of the date of enactment of this Act--
(i) shall not issue grazing leases; and
(ii) shall permanently retire the allotments from livestock grazing use; and
(B) shall not establish any new allotments that include--
(i) any Federal land within a grazing allotment or an allotment described in subparagraph (A); or
(ii) any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).
(6) DEADLINE- To waive a grazing lease in accordance with this section, a lessee shall exercise the right to waive the grazing lease by not later than the date that is 3 years after the date of enactment of this Act.
(7) EFFECT OF WAIVER- A lessee who receives compensation for voluntarily waiving a grazing lease under this section shall be considered to have waived any claim to all range developments on the associated grazing allotments.
(8) DONATION OF GRAZING LEASES-
(A) IN GENERAL- Nothing in this section prevents a lessee from donating to the Secretary, at any time, a grazing lease without Federal compensation, in accordance with this section.
(B) ACCEPTANCE BY- If a lessee donates a grazing lease to the Secretary, the Secretary shall accept the donation in accordance with clauses (ii) and (iii) of paragraph (1)(B).
(b) Additional Allocations- Beginning on the date of enactment of this Act, the Secretary shall not authorize any allotments for livestock grazing on Monument land that are not in existence on the date of enactment of this Act.
SEC. 5. LAND EXCHANGE.
(a) In General- For the purpose of protecting and consolidating Federal land within the Monument, the Secretary--
(1) may offer to convey to the Landowner the Bureau of Land Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer, not later than 70 days after the date on which the Landowner conveys acceptable title to the Rowlett parcel to the Secretary, shall convey to the Landowner all right, title, and interest of the United States in and to the Bureau of Land Management land.
(b) Surveys-
(1) IN GENERAL- The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Secretary.
(2) COSTS- The Secretary shall be responsible for paying the costs of--
(A) any survey conducted under paragraph (1); and
(B) any other administrative costs relating to the land exchange authorized under this section.
(c) Conditions-
(1) IN GENERAL- The conveyance of Bureau of Land Management land and the Rowlett parcel under subsection (a) shall be subject to valid existing rights.
(2) TITLE APPROVAL- Title to the Rowlett parcel shall conform with the title approval standards applicable to Federal land acquisitions.
(d) Applicable Law-
(1) IN GENERAL- Except as otherwise provided in this section, the conveyance of Bureau of Land Management land under this section is subject to any laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management.
(2) EXEMPTION- The exchange of land authorized under this section shall not--
(A) require the promulgation of additional regulations by the Secretary; or
(B) be subject to the notice and comment provisions of section 553 of title 5, United States Code.
(e) Grazing Allotment- On completion of the land exchange authorized under this section, the holder of the grazing lease for the Box R grazing allotment shall donate the Box R grazing lease in accordance with section 4(a)(8).
SEC. 6. SODA MOUNTAIN WILDERNESS.
(a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 23,000 acres of Monument land, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Soda Mountain Wilderness'.
(b) Map and Legal Description-
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) FORCE AND EFFECT-
(A) IN GENERAL- The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical error in the map or legal description.
(B) NOTIFICATION- The Secretary shall submit to Congress notice of any changes made in the map or legal description under subparagraph (A), including notice of the reason for the change.
(3) PUBLIC AVAILABILITY- The map and legal description filed under paragraph (1) shall be on file and available for public inspection in--
(A) the Office of the Director of the Bureau of Land Management;
(B) the Office of the Oregon State Director of the Bureau of Land Management; and
(C) the Medford District Office of the Bureau of Land Management.
(c) Administration of Wilderness-
(1) IN GENERAL- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act.
(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES- The Secretary may take such measures in the Wilderness as are necessary to control and prevent fire, insects, and diseases, as provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the guidelines contained in [Struck out->][ the Report of the Committee on Interior and Insular Affairs (H. Rept. 98-40) to accompany the California Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1131 note). ][<-Struck out]
(3) LIVESTOCK-
(A) ADMINISTRATION- Except as provided in section 4 and Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), any grazing of livestock and the maintenance of range development in the Wilderness established before the date of enactment of this Act shall be permitted to continue in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(B) RETIREMENT OF CERTAIN PERMITS- On the retirement of any grazing lease applicable to any portion of the Wilderness, grazing of domestic livestock in the applicable portion of the Wilderness shall be prohibited.
(4) FISH AND WILDLIFE MANAGEMENT- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.
(5) ADJACENT MANAGEMENT-
(A) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around the Wilderness.
(B) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use can be seen or heard from the Wilderness shall not preclude the conduct of the activity or use outside the boundary of the Wilderness.
SEC. 7. EFFECT.
Nothing in this Act--
(1) affects the authority of a Federal agency to otherwise modify or terminate grazing permits or leases without compensation;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease on Federal land;
(4) establishes a precedent for future grazing permit or lease buyout programs; or
(5) affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a private individual, partnership, or corporation.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There is authorized to be appropriated to the Secretary--
(1) $2,000,000 to provide compensation to lessees that waive grazing leases under section 4;
(2) $1,500,000 for fence construction and other methods of livestock control in and near the Monument; and
(3) for fiscal year 2008 and each fiscal year thereafter (adjusted for inflation), $150,000 for the purpose of preventing domestic livestock from entering the grazing allotments or portions of the grazing allotments waived under section 4(a).
(b) Limitation- None of the amounts made available under subsection (a) shall be used by any Federal agency for administrative costs incurred in carrying out this Act.
(c) Availability- Amounts made available under subsection (a) shall remain available until expended.
S. 802 To provide for the implementation of the Owyhee Initiative Agreement, and for other purposes.
By Mr. CRAPO:
S. 802. A bill to provide for the implementation of the Owyhee Initiative Agreement, and for other purposes; to the Committee on Energy and Natural Resources.
Mr. CRAPO. Mr. President, I am pleased to introduce the Owyhee Initiative Implementation Act of 2007, a bill which is the result of a five-year collaborative effort between all levels of government, multiple users of public lands, and conservationists to resolve decades of heated land-use conflict in the Owyhee Canyonlands in the southwestern part of my home State of Idaho.
This is comprehensive land management legislation that enjoys far-reaching support among a remarkably diverse group of interests that live work and play in this special country.
Owyhee County contains some of the most unique and beautiful canyonlands in the world and offers large areas in which all of us can enjoy the grandeur and experience of untouched western trails, rivers, and open sky. It is truly magical country, and its natural beauty and traditional uses should be preserved for future generations. Owyhee County is traditional ranching country. Seventy-three percent of its land base is owned by the United States, and it is located within an hour's drive of one of the fastest growing areas in the nation, Boise, ID.
This combination of attributes, including location, is having an explosive effect on property values, community expansion and development and ever-increasing demands on public land. Given this confluence of circumstances and events, Owyhee County has been at the core of decades of conflict with heated political and regulatory battles. The diverse land uses co-exist in an area of intense beauty and unique character. The conflict over land management is both inevitable and understandable--how do we manage for this diversity and do so in a way that protects and restores the quality of that fragile environment?
In this context, the Owyhee County Commissioners and several others said ``enough is enough'' and decided to focus efforts on solving these problems rather than wasting resources on an endless fight. In 2001, The Owyhee County Commissioners, Hal Tolmie, Dick Reynolds, and Chris Salove, met with me and asked for my help. They asked whether I would support them if they could put together, at one table, the interested parties involved in the future of the County to try and reach some solutions. I told them that if they could get together a broad base of interests who would agree to collaborate in a process committed to problem-solving, I would dedicate myself to working with them and if they were successful, I would introduce resulting legislation. They agreed. Together, we set out on a six-year journey on a road that is as challenging as any in the
Owyhee Canyonlands. Sharp turns, steep inclines and declines, big sharp rocks, deep ruts, sand burrs, dust and a constant headwind is exactly what those of us who have worked so hard on this have faced every day.
This is very difficult work and in speaking of difficult work, I want to acknowledge the effort of my friend and colleague from Idaho, Representative MIKE SIMPSON, and the challenge he has taken on as he advocates his Central Idaho Economic Development Act. I support his work and his legislation.
The Commissioners appointed a Chairman, an extraordinary gentleman, Fred Grant. They formed the Work Group which included The Wilderness Society, Idaho Conservation League, The Nature Conservancy, Idaho Outfitters and Guides, the United States Air Force, the Sierra Club, the county Soil Conservation Districts, Owyhee Cattleman's Association, the Owyhee Borderlands Trust, People for the Owyhees, and the Shoshone Paiute Tribes to join in their efforts. All accepted, and work on this bill began. As this collaborative process gained momentum, the County Commissioners expanded the Work Group to include the South Idaho Desert Racing Association, Idaho Rivers United and the Owyhee County Farm Bureau. Very recently, the Commissioners have further expanded the effort to include the Foundation for North American Wild Sheep and the Idaho Backcountry Horsemen.
The Commissioners also requested that the Idaho State Department of Lands and the Bureau of Land Management to serve and those agencies have provided important support.
This unique group of people chose to work without a professional facilitator, preferring instead to deal with differences face-to-face and together create new ideas. For me, one of the most gratifying and emotional outcomes has been to see this group transform itself from polarized camps into an extraordinary force that has become known for its intense effort, comity, trust and willingness to work toward a solution.
They operated on a true consensus basis, only making decisions when there was no voiced objection to a proposal. They involved everyone who wanted to participate in the process and spent hundreds of hours discussing their findings, modifying preliminary proposals and ultimately reaching consensus solutions. They have driven thousands of miles inspecting roads and trails, listening to and soliciting ideas from people from all walks of life who have in common deep roots and deep interest in the Owyhee Canyonlands. They sought to ensure that they had a thorough understanding of the issues and could take proper advantage of the insights and experience of all these people.
While this whole process and its outcomes are indeed remarkable, one of the more notable developments is the Memorandum of Agreement between the Shoshone Paiute Tribes and the County that establishes government-to-government cooperation in several areas of mutual interest. I want to particularly note the efforts and support of Mr. Terry Gibson, Chairman of the Shoshone Paiute Tribes, a great leader and a personal friend.
All of these individuals and organizations have asked that I seek Senate approval of their collaborative effort, built from the ground up to chart their path forward.
The Owyhee Initiative transforms conflict and uncertainty into conflict resolution and assurance of future activity. Ranchers can plan for subsequent generations. Off-road vehicle users have access assured. Wilderness is established. The Shoshone-Paiute Tribe knows its cultural resources will be protected. The Air Force will continue to train its pilots. Local, State and Federal government agencies will have structure to assist their joint management of the region. And this will all happen within the context of the preservation of environmental and ecological health. This is indeed a revolutionary land management structure--and one that looks ahead to the future.
Principle features of the legislation include: development, funding and implementation of a landscape-scale program to review, recommend and coordinate landscape conservation and research projects; scientific review process to assist the Bureau of Land Management; designation of Wilderness and Wild and Scenic Rivers; release of Wilderness Study Areas; protections of tribal cultural and historical resources against intentional and
[Page: S2813] GPO's PDF
unintentional abuse and desecration; development and implementation by the BLM of travel plans for public lands; and a board of directors with oversight over the administration and implementation of the Owyhee Initiative.
This can't be called ranching bill, or a wilderness bill, or an Air Force bill, or a Tribal bill. It is a comprehensive land management bill. Each interest got enough to enthusiastically support the final product, advocate for its enactment, and, most importantly, support the objectives of those with whom they had previous conflict.
Opposition will come from a few principal sources: those who simply don't want to have wilderness designated; those who don't want livestock anywhere on public land; and, those who do not want to see collaboration succeed. While I respect that opposition, I prefer to move forward in an effort that manages conflict and land, rather than exploit disagreements.
The status quo is unacceptable. The Owyhee Canyonlands and its inhabitants, including its people, deserve to have a process of conflict management and a path to sustainability. The need for this path forward is particularly acute given that this area is an hour's drive from one of the Nation's most rapidly-growing communities. The Owyhee Initiative protects water rights, releases wilderness study areas and protects traditional uses.
I commend the commitment and leadership of all involved. We have established a longterm, comprehensive management approach. It's been an honor for me to work with so many fine people and I will do everything in my power to turn this into law.
The Owyhee Initiative sets a standard for managing and resolving difficult land management issues in our country. After all, what better place to forge an historical change in our approach to public land management, than in this magnificent land that symbolizes livelihood, heritage, diversity, opportunity and renewal?
And with that, I would like to recognize and thank the people who have been the real driving force behind this process: Fred Grant, Chairman of the Owyhee Initiative Work Group, his assistant Staci Grant, and Dr. Ted Hoffman, Sheriff Gary Aman, the Owyhee County Commissioners: Hal Tolmie, Chris Salova, & Dick Reynolds and Chairman Terry Gibson of the Shoshone Paiute Tribes. I am grateful to Governor Jim Risch of the Great State of Idaho for all of his support. Thanks to: Colonel Rock of the United States Air Force at Mountain Home Air Force Base, Craig Gherke and John McCarthy of The Wilderness Society, Rick Johnson & John Robison of the Idaho Conservation League, Inez Jaca representing Owyhee County, Dr. Chad Gibson representing the Owyhee Cattleman's Association, Brenda Richards representing private property owners in Owyhee County, Cindy & Frank Bachman representing the Soil Conservation Districts in Owyhee County, Marcia Argust with the Campaign for America's Wilderness, Grant Simmons of the Idaho Outfitters and Guides Association, Bill Sedivy with Idaho Rivers United, Tim Lowry of the Owyhee County Farm Bureau, Bill Walsh representing Southern Idaho Desert Racing Association, Lou Lunte and Will Whelan of the Nature Conservancy for all of their hard work and dedication. I'd also like to thank the Idaho Back Country Horseman, the Foundation for North American Wild Sheep, Roger Singer of the Sierra Club, the South Board of Control and the Owyhee Project managers, and all the other water rights holders who support me today. This process truly benefited from the diversity of these groups and their willingness to cooperate to reach a common goal of protecting the land on which they live, work, and play.
The Owyhee Canyonlands and its inhabitants are truly a treasure of Idaho and the United States; I hope you will join me in ensuring their future.
S 802 IS
110th CONGRESS
1st Session
IN THE SENATE OF THE UNITED STATES
March 7, 2007
Mr. CRAPO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for the implementation of the Owyhee Initiative Agreement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Owyhee Initiative Implementation Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. General provisions.
TITLE I--OWYHEE INITIATIVE AGREEMENT
Sec. 101. Implementation.
Sec. 102. Science review program.
Sec. 103. Conservation and research center program.
Sec. 104. Authorization of appropriations.
TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 201. Wilderness designation.
Sec. 202. Designation of wild and scenic rivers.
Sec. 203. Administration of wilderness and wild and scenic rivers.
Sec. 204. Land exchanges and acquisitions and grazing preferences.
Sec. 205. Authorization of appropriations.
TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT
Sec. 301. Transportation plans.
Sec. 302. Authority.
Sec. 303. Cooperative agreements.
Sec. 304. Authorization of appropriations.
TITLE IV--CULTURAL RESOURCES
Sec. 401. Findings.
Sec. 402. Implementation.
Sec. 403. Authorization of appropriations.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings- Congress finds that--
(1) the Owyhee-Bruneau Canyonlands Region is one of the most spectacular high deserts in the United States, unique in geology and rich in history;
(2) the Shoshone Paiute Indian tribes have put forth claims to aboriginal rights in the Region;
(3) since the 1860s, ranching has been an important part of the heritage, culture, and economy of the Region;
(4) the Region has tremendous opportunities for outdoor recreation;
(5) there has been longstanding conflict over management of the public land in the Region;
(6) in 2001, the Owyhee County Board of Commissioners and the Tribes brought together a diverse group of interests, with the intent that the Tribes and the County, through government-to-government coordination, could mutually launch a process for achieving resolution of land use conflicts, protection of the landscape resource, protection of cultural resources, and economic stability; and
(7) as a result of the process described in paragraph (6), the Owyhee Initiative Agreement, an agreement between a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, was formed to develop a natural resources project that promotes ecological and economic health within the County.
(b) Purpose- The purpose of this Act is to provide for the implementation of the Owyhee Initiative Agreement to--
(1) preserve the natural processes that create and maintain a functioning, unfragmented landscape that supports and sustains a flourishing community of human, plant, and animal life;
(2) provide for economic stability by preserving livestock grazing as an economically viable use; and
(3) provide for the protection of cultural resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) BOARD- The term `Board' means the Board of Directors of the Owyhee Initiative Project.
(2) BUREAU- The term `Bureau' means the Bureau of Land Management.
(3) COUNTY- The term `County' means Owyhee County, Idaho.
(4) ORDINARY HIGH WATER MARK- The term `ordinary high water mark' shall have such meaning as is given the term by the legislature of the State.
(5) OWYHEE FRONT- The term `Owyhee Front' means that area of the County from Jump Creek on the west to Mud Flat Road on the east and draining north from the crest of the Silver City Range to the Snake River.
(6) OWYHEE INITIATIVE AGREEMENT- The term `Owyhee Initiative Agreement' means the agreement that provides for the implementation of a project for the promotion of ecological and economic health within the County entered into by a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, entitled `Owyhee Initiative Agreement', as amended on May 10, 2006.
(7) PLAN- The term `Plan' means the Shoshone Paiute Tribal Cultural Resource Protection Plan approved by the Tribes.
(8) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(9) STATE- The term `State' means the State of Idaho.
(10) TRIBES- The term `Tribes' means the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation.
SEC. 4. GENERAL PROVISIONS.
(a) No Precedence- Nothing in this Act establishes a precedent with regard to any future legislation.
(b) Native American Recognition and Uses- Nothing in this Act diminishes or otherwise affects--
(1) the trust responsibility of the United States to Indian tribes and Indian individuals;
(2) the government-to-government relationship between the United States and federally recognized Indian tribes;
(3) the rights of any Indian tribe, including rights of access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities; or
(4) the sovereignty of any Indian tribe.
TITLE I--OWYHEE INITIATIVE AGREEMENT
SEC. 101. IMPLEMENTATION.
(a) In General- The Secretary shall coordinate with the Board and the County in implementing this Act in accordance with applicable laws and regulations.
(b) Effect on Public Participation- Nothing in this Act diminishes or otherwise affects any applicable law or regulation relating to public participation.
SEC. 102. SCIENCE REVIEW PROGRAM.
(a) In General- The Secretary shall coordinate with the Board in the conduct of the science review process as described in the Owyhee Initiative Agreement.
(b) Management Actions- Notwithstanding the review process under this section, the Secretary shall proceed with management actions in a timely manner in accordance with applicable laws (including regulations).
SEC. 103. CONSERVATION AND RESEARCH CENTER PROGRAM.
The Secretary shall coordinate with the Board with respect to the conservation and research center program, as described in the Owyhee Initiative Agreement.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry out this title $20,000,000.
TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS
SEC. 201. WILDERNESS DESIGNATION.
(a) In General- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:
(1) BIG JACKS CREEK WILDERNESS- Certain land comprising approximately 51,624 acres, as generally depicted on the map entitled `Big Jacks Creek Wilderness' and dated September 1, 2006, which shall be known as the `Big Jacks Creek Wilderness'.
(2) BRUNEAU-JARBIDGE RIVERS WILDERNESS- Certain land comprising approximately 91,328 acres, as generally depicted on the map entitled `Bruneau-Jarbidge Rivers Wilderness' and dated September 1, 2006, which shall be known as the `Bruneau-Jarbidge Rivers Wilderness'.
(3) LITTLE JACKS CREEK WILDERNESS- Certain land comprising approximately 49,647 acres, as generally depicted on the map entitled `Little Jacks Creek Wilderness' and dated September 1, 2006, which shall be known as the `Little Jacks Creek Wilderness'.
(4) NORTH FORK OWYHEE WILDERNESS- Certain land comprising approximately 43,113 acres, as generally depicted on the map entitled `North Fork Owyhee Wilderness' and dated September 1, 2006, which shall be known as the `North Fork Owyhee Wilderness'.
(5) OWYHEE RIVER WILDERNESS- Certain land comprising approximately 269,016 acres, as generally depicted on the map entitled `Owyhee River Wilderness' and dated September 1, 2006, which shall be known as the `Owyhee River Wilderness'.
(6) POLE CREEK WILDERNESS- Certain land comprising approximately 12,468 acres, as generally depicted on the map entitled `Pole Creek Wilderness' and dated September 1, 2006, which shall be known as the `Pole Creek Wilderness'.
(b) Release of Wilderness Study Areas-
(1) FINDING- Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau in the following areas has been adequately studied for wilderness designation:
(A) The Sheep Creek East Wilderness Study Area.
(B) The Sheep Creek West Wilderness Study Area.
(C) The Squaw Creek Canyon Wilderness Study Area.
(D) The West Fork Red Canyon Wilderness Study Area.
(E) The Upper Deep Creek Wilderness Study Area.
(F) The Big Willow Springs Wilderness Study Area.
(G) The Middle Fork Owyhee River Wilderness Study Area.
(H) Any portion of the wilderness study areas--
(i) not designated as wilderness by subsection (a); and
(ii) designated for release on the map dated September 1, 2006.
(2) RELEASE- Any public land described in paragraph (1) that is not designated as wilderness by this subsection--
(A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712).
(c) Maps and Legal Descriptions-
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a map and legal description for each area designated as wilderness by this Act.
(2) EFFECT- Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in such a map or legal description.
(3) AVAILABILITY OF MAPS- The maps submitted under paragraph (1) shall be available for public inspection in--
(A) the offices of the Idaho State Director of the Bureau; and
(B) the offices of the Boise and Twin Falls Districts of the Bureau.
SEC. 202. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Statement of Intent- The intent of wild, scenic, and recreational river designations under this subsection is to resolve the wild, scenic, and recreational river status of the segments within the County, as depicted on the maps submitted under section 201(c).
(b) Designation- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
`(170) BATTLE CREEK, IDAHO- The 23.4 miles of Battle Creek in the State of Idaho from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(171) BIG JACKS CREEK, IDAHO- The 35.0 miles of Big Jacks Creek in the State of Idaho from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW 1/4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a wild river.
`(172) BRUNEAU RIVER, IDAHO-
`(A) IN GENERAL- Except as provided in subparagraph (B), the 39.3-mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of the Bruneau River and the Jarbidge River, to be administered by the Secretary of the Interior as a wild river.
`(B) EXCEPTION- Notwithstanding subparagraph (A), the .6-mile segment of the Bruneau River at the Indian Hot Springs public road access shall be administered by the Secretary of the Interior as a recreational river.
`(173) WEST FORK OF THE BRUNEAU RIVER, IDAHO- The 6.2 miles of the West Fork of the Bruneau River in the State of Idaho from the confluence with the Jarbidge River to the upstream Bruneau-Jarbidge Rivers Wilderness border, to be administered by the Secretary of the Interior as a wild river.
`(174) CAMAS CREEK, IDAHO- The 3.0 miles of Camas Creek in the State of Idaho from the confluence with Pole Creek to the east boundary of sec. 26, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.
`(175) COTTONWOOD CREEK, IDAHO- The 2.6 miles of Cottonwood Creek in the State of Idaho from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(176) DEEP CREEK, IDAHO- The following segments of Deep Creek in the State of Idaho, to be administered by the Secretary of the Interior:
`(A) The 13.1-mile segment of Deep Creek from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, Idaho, as a wild river.
`(B) The 26.4-mile segment of Deep Creek from the boundary of Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, Idaho, to the upstream crossing of Mud Flat Road, as a scenic river.
`(177) DICKSHOOTER CREEK, IDAHO- The 11.0 miles of Dickshooter Creek in the State of Idaho from the confluence with Deep Creek to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(178) DUNCAN CREEK, IDAHO- The following segments of Duncan Creek in the State of Idaho, to be administered by the Secretary of the Interior:
`(A) The 5.2-mile segment of Duncan Creek from the eastern boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, Idaho, upstream to the NW 1/4 of sec. 1, T. 11 S., R. 3 E., Boise Meridian, Idaho, as a scenic river.
`(B) The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the beginning of the Duncan Creek Scenic River segment, as a wild river.
`(179) JARBIDGE RIVER, IDAHO- The 28.8 miles of the Jarbidge River in the State of Idaho from the confluence with the West Fork Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(180) LITTLE JACKS CREEK, IDAHO- The 13.2 miles of Little Jacks Creek in the State of Idaho from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the NW 1/4 of sec. 27, T. 9 S., R. 2 E., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a wild river.
`(181) LITTLE OWYHEE, IDAHO- The 11.0 miles of the Little Owyhee in the State of Idaho from the confluence with the South Fork of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(182) NORTH FORK OF THE OWYHEE RIVER, IDAHO- The following segments of the North Fork of the Owyhee River in the State of Idaho, to be administered by the Secretary of the Interior:
`(A) The 5.7-mile segment of the North Fork of the Owyhee River from the Idaho-Oregon State border to the Wild River segment of the North Fork of the Owyhee River, as a recreational river.
`(B) The 15.1-mile segment of the North Fork of the Owyhee River from the western/downstream boundary of the North Fork Owyhee River Wilderness to the northern/upstream boundary of the North Fork Owyhee River Wilderness, as a wild river.
`(183) OX PRONG, IDAHO- The 1.3 miles of the Ox Prong in the State of Idaho from the confluence with Little Jacks Creek to the upstream boundary of the Little Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(184) OWYHEE RIVER, IDAHO- The 67.3 miles of the Owyhee River in the State of Idaho from the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river, subject to the conditions that--
`(A) motorized access shall be permitted at Crutchers Crossing; and
`(B) any crossing shall remain unconstructed.
`(185) POLE CREEK, IDAHO- The 14.3 miles of Pole Creek in the State of Idaho from the confluence with Deep Creek upstream to the south boundary of sec. 16, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.
`(186) RED CANYON, IDAHO- The 4.6 miles of Red Canyon in the State of Idaho from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(187) SHEEP CREEK, IDAHO- The 25.6 miles of Sheep Creek in the State of Idaho from the confluence with the Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(188) SOUTH FORK OF THE OWYHEE RIVER, IDAHO-
`(A) IN GENERAL- Except as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho-Nevada State border shall be administered by the Secretary of the Interior as a wild river.
`(B) EXCEPTION- Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River across the private lands in secs. 25 and 36, T. 14 S., R. 5 W., Boise Meridian, Idaho, shall be administered by the Secretary of the Interior as a recreational river.
`(189) WICKAHONEY, IDAHO- The 1.5 miles of Wickahoney Creek in the State of Idaho from the confluence of Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.'.
(c) Extent of Boundaries- Notwithstanding section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the wild and scenic river corridor for a river designated as a wild and scenic river by any of paragraphs (170) through (189) of section 3(a) of that Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be the ordinary high water mark.
(d) Maps and Legal Descriptions-
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the map and legal description of each segment of a river designated as a wild and scenic river under this section or an amendment made by this section.
(2) EFFECT- Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions.
(3) AVAILABILITY OF MAPS- The maps submitted under paragraph (1) shall be available for public inspection in--
(A) the offices of the Idaho State Director of the Bureau; and
(B) the offices of the Boise and Twin Falls districts of the Bureau.
(e) Water Rights- Water Rights relating to a segment of a river designated as a wild and scenic river under any of paragraphs (170) through (189) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be reserved in accordance with--
(1) the provisions of that Act (16 U.S.C. 1271 et seq.);
(2) the laws and regulations of the State; and
(3) the Owyhee Initiative Agreement.
SEC. 203. ADMINISTRATION OF WILDERNESS AND WILD AND SCENIC RIVERS.
(a) Management- Subject to valid existing rights, each area designated as wilderness by section 201 shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior with respect to land administered by the Secretary of the Interior.
(b) Inventory- In accordance with the Owyhee Initiative Agreement, not later than 1 year after the date on which a wilderness is designated under section 201, the Bureau shall conduct an inventory of wilderness grazing management facilities and activities in the wilderness.
(c) Livestock- In the wilderness areas designated by section 201 that are administered by the Bureau, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101-405.
(d) Recreational Saddle and Pack Stock- Nothing in this Act precludes horseback riding or the use of recreational saddle or pack stock in any wilderness designated by section 201.
(e) Outfitting and Guiding Activities-
(1) IN GENERAL- Consistent with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)) and subject to any regulations that the Secretary determines to be necessary, the Secretary shall permit the continuation of outfitting and guiding activities in any wilderness designated by section 201.
(2) EFFECT OF DESIGNATION- Designation of an area as wilderness areas under section 201 shall not require the Secretary to limit the conduct of outfitting activities or the use of the system of reserved camps and allocated river launches designated for use by members of the public that use outfitter services that are in existence before the date of enactment of this Act.
(f) Access to Non-Federal Land- Nothing in this Act denies an owner of non-Federal land the right to access the land.
(g) Roads Adjacent to Wilderness- With respect to any road adjacent to a wilderness designated by section 201 (as depicted on the applicable map), the boundary of the wilderness shall be--
(1) 100 feet from the center line for a primary road;
(2) 50 feet from the center line for a primitive wilderness boundary road; and
(3) 30 feet on either side of the center line for an interior wilderness division or cherrystem road.
(h) Wildlife Management-
(1) IN GENERAL- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping in any wilderness designated by section 201.
(2) MANAGEMENT ACTIVITIES-
(A) IN GENERAL- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats necessary to support such populations may be carried out in any wilderness designated by section 201, if the management activities are--
(i) consistent with relevant wilderness management plans; and
(ii) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101-405.
(B) INCLUSIONS- Management activities under subparagraph (A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish the promotion of such outcomes.
(3) EXISTING ACTIVITIES- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as those established in Appendix B of House Report 101-405, the State may continue to use aircraft (including helicopters) in the wilderness areas designated by section 201 to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep and feral stock, horses, and burros.
(i) Wildfire Management- Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) to manage wildfires in any wilderness designated by section 201.
(j) Incorporation of Acquired Land and Interests- Any land or interest within the perimeter of, or adjacent to, an area designated as a wilderness by section 201 or any land or interest described in section 204 that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness within which the acquired land or interest is located.
(k) Adjacent Management-
(1) IN GENERAL- The designation of a wilderness by section 201 shall not create any protective perimeters or buffer zones around the wilderness.
(2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness or wild and scenic river designated under this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness or wild and scenic river.
(l) Military Overflights- Nothing in this section restricts or precludes--
(1) low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the areas designated as a wilderness by section 201, including military overflights that can be seen or heard within the wilderness or wild and scenic river areas;
(2) flight testing and evaluation;
(3) the designation or creation of new units of special use airspace, the expansion of units of special use airspace in existence on the date of enactment of this Act, or the use or establishment of military flight training routes over the wilderness or wild and scenic river areas; or
(4) emergency access and response.
(m) Water Rights- In accordance with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)), nothing in this Act provides an express or implied claim or denial of the Federal Government with respect to any exemption from water laws of the State.
SEC. 204. LAND EXCHANGES AND ACQUISITIONS AND GRAZING PREFERENCES.
(a) Exchanges and Acquisitions-
(1) FINDINGS- Congress finds that--
(A) the consolidation of land ownership would facilitate sound and efficient management for public and private land and serve important public objectives, including--
(i) the enhancement of public access, aesthetics, and recreational opportunities within and adjacent to designated wilderness and wild and scenic river areas; and
(ii) the protection and enhancement of wildlife habitat, including sensitive species;
(B) time is of the essence in completing appropriate land exchanges because further delays may force landowners to construct roads in, develop, or sell private land inholdings, and diminish the public values for which the private land is to be acquired; and
(C) it is in the public interest to complete the land exchanges at the earliest practicable date so that the land acquired by the United States can be preserved for protection of wilderness character, wildlife habitat, and permanent public use and enjoyment.
(2) AUTHORIZATION- The Secretary may acquire, by purchase or other exchange, any land or interest offered by an owner under paragraph (3), subject to the conditions described in paragraph (4).
(3) OFFERS TO CONVEY-
(A) IN GENERAL- An owner of land or an interest identified under the document entitled `Land Exchanges and Acquisitions' and dated September 1, 2006, may offer to convey the land or interest to the Secretary by purchase or exchange if the owner has submitted to the Secretary, on or before the date of enactment of this Act--
(i) a written notice of the intent to exchange or sell the land or interest;
(ii) an identification of each parcel of land and each interest to be exchanged or sold;
(iii) a description of the value of each parcel of land and each interest as described in that document; and
(iv) in the case of an exchange, a description of the Federal land sought for the exchange.
(B) CONVEYANCE BY SALE-
(i) IN GENERAL- Subject to the availability of funds, the Secretary shall acquire any land or interests offered for purchase under subparagraph (A) as soon as practicable after the date of enactment of this Act.
(ii) ELECTION TO RECEIVE CASH- If an owner makes an election under subparagraph (C)(iii)(II), the Secretary shall acquire by sale the land or interest of the owner as soon as practicable after the date on which the Secretary receives a notice of the election of the owner.
(C) CONVEYANCE BY DIRECT EXCHANGE-
(i) IN GENERAL- On the election of an owner that has submitted an appropriate notice under subparagraph (A)(i), the Secretary may acquire land or property interests identified as eligible for exchange in the document entitled `Land Exchanges and Acquisitions' and dated September 1, 2006, in exchange for Federal land that is--
(I) of equal value to the land or property interests, as determined by appraisals of the applicable Federal land, with or without development rights;
(II) located in the County; and
(III) described in the document referred to in subparagraph (A).
(ii) ACTION BY SECRETARY- Not later than 60 days after the date on which the appraisals of applicable land are completed, the Secretary shall offer to enter into an exchange under this subparagraph with each appropriate owner of land or a property interest offered for exchange under subparagraph (A).
(iii) DECISIONS BY OWNERS- Not later than 60 days after the date on which the appraisals of applicable land are completed, an owner of land or a property interest subject to an exchange under this subparagraph may elect--
(I) to waive any applicable development right relating to the Federal land to be exchanged, subject to the adjustment of the exchange to achieve like values;
(II) to receive cash in lieu of Federal land for all or any portion of the land or property interest to be exchanged; or
(III) to withdraw from participation in any exchange program.
(iv) APPLICABILITY OF OTHER LAW- Except as otherwise provided in this section, each exchange of Federal land under this section shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management.
(D) FACILITATED LAND EXCHANGES-
(i) IN GENERAL- Not later than 30 days after the date of enactment of this Act, the Secretary shall offer to enter into a facilitated land exchange in accordance with subparagraph (A) and conducted through a land exchange facilitator to be designated by the Board.
(ii) EXCHANGE OFFER-
(I) IN GENERAL- Not later than 60 days after the date on which the appraisals of applicable land are completed, the land exchange facilitator shall submit to the Secretary an offer to exchange private land for Federal land in the County.
(II) REQUIREMENT- An offer to exchange under subclause (I) shall demonstrate that the appraised value of the private land is equal or approximately equal to the appraised value, with or without development rights, of the Federal land offered for exchange.
(4) CONDITIONS-
(A) TITLE- Title to any private land conveyed under this subsection shall--
(i) be acceptable to the Secretary; and
(ii) conform with title approval standards applicable to Federal land acquisitions.
(B) VALID EXISTING RIGHTS- Conveyances under this subsection shall be subject to valid existing rights of record.
(5) EFFECT OF SUBSECTION- Nothing in this subsection--
(A) creates any compensable property right or title with respect to grazing preferences; or
(B) affects any public access route on Federal land exchanged under this subsection.
(b) Grazing Preferences-
(1) IN GENERAL- A holder of a valid grazing preference with respect to all or a portion of any Federal land designated by this Act as a wilderness may voluntarily offer to the Secretary for sale or donation all or any portion of the grazing preference.
(2) NOTICE- To offer a grazing preference for sale or donation under paragraph (1), the holder of the grazing preference shall submit to the Secretary a written notice of the intent of the holder, including--
(A) a description of the Federal land to which the grazing preference applies; and
(B) the date on which the holder will relinquish use of the grazing preference, which shall be not later than 1 year after the date on which the notice is submitted.
(3) CONSIDERATION- The Secretary shall provide to a holder that offers a grazing preference for sale under paragraph (1) consideration in accordance with the schedule of payments described in the document described in subsection (a)(3)(A).
(4) CANCELLATION AND RETIREMENT OF LIVESTOCK GRAZING- Beginning on the date identified under paragraph (2)(B)--
(A) the applicable grazing preference shall be canceled; and
(B) the associated livestock grazing shall be permanently retired.
(5) FENCING- The Secretary shall install and maintain any fencing and other structures required to prevent grazing use of any Federal land on which a grazing preference has been voluntarily sold or donated under this subsection.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Bureau such sums as are necessary to carry out this title.
TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT
SEC. 301. TRANSPORTATION PLANS.
(a) In General- The Bureau shall develop and implement transportation plans for land managed by the Bureau outside of wilderness areas in the County.
(b) Consultation and Coordination- The transportation plans and cooperative agreements shall be developed in consultation and coordination with appropriate Federal Government entities, tribal government entities, and State and local government entities consistent with--
(1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(2) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(3) any other applicable laws.
(c) Inclusions- The Bureau shall ensure that all areas of the County managed by the Bureau, including areas that are remote and rarely used for motorized recreation, are included and in transportation plans developed under subsection (a) to--
(1) provide for management of anticipated growth in recreational use of the land; and
(2) develop a system to provide a wide range of recreational opportunities and experiences for all users.
(d) Limitation- Transportation plans under subsection (a) shall not affect the status of any road adjacent to any wilderness (as depicted on the applicable map).
(e) System of Routes-
(1) IN GENERAL- Each transportation plan under subsection (a) shall--
(A) establish a system of designated roads and trails;
(B) include a multiple use recreational trail system, that provides a wide range of recreational opportunities and experiences for all users while protecting natural and cultural resources;
(C) limit the use of motorized and mechanized vehicles to designated roads and trails;
(D) address use of snow vehicles on roads, trails, and areas designated for such use;
(E) be based on resource and route inventories;
(F) include designation of routes and route systems that are open or closed; and
(G) include provisions relating to, with respect to the applicable land--
(i) trail construction and reconstruction;
(ii) road and trail closure;
(iii) seasonal closures or restrictions;
(iv) restoration of disturbed areas;
(v) monitoring;
(vi) maintenance;
(vii) maps;
(viii) signs;
(ix) education; and
(x) enforcement.
(2) TEMPORARY LIMITATION-
(A) IN GENERAL- Except as provided in subparagraph (B), until the date on which the Bureau completes transportation planning, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails in existence on the day before the date of enactment of this Act.
(B) EXCEPTIONS-
(i) IN GENERAL- Subparagraph (A) shall not apply to areas specifically identified as open, closed, or limited under the Owyhee resource management plan.
(ii) HEMMINGWAY BUTTE AREA- Notwithstanding subparagraph (A), the Bureau may take into consideration maintaining the Hemmingway Butte area as open to cross-country travel.
(f) Schedule-
(1) OWYHEE FRONT- Not later than 1 year after the date of enactment of this Act, the Bureau shall complete a transportation plan for the Owyhee Front.
(2) OTHER FEDERAL LANDS IN THE COUNTY- Not later than 3 years after the date of enactment of this Act, the Bureau shall complete a transportation plan for Federal land in the County outside the Owyhee Front.
SEC. 302. AUTHORITY.
Transportation and travel management under this title shall not affect the authority of the Bureau to manage or regulate off-highway vehicle use under title 43, Code of Federal Regulations (as in effect on September 25, 2005).
SEC. 303. COOPERATIVE AGREEMENTS.
(a) In General- As soon as practicable, after the date of enactment of this Act, the Bureau shall offer to enter into cooperative agreements with the County--
(1) to establish a cooperative search and rescue program; and
(2) to implement and enforce the transportation plans described in this section.
(b) Authorization of Appropriations- There are authorized to be appropriated to the Bureau such sums as are necessary--
(1) to carry out search and rescue operations in the County; and
(2) to develop, implement, and enforce off-highway motor vehicle transportation plans under this section.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Bureau such sums as are necessary to accelerate completion and implementation by the Bureau of the transportation plan for the Owyhee Front and subsequent transportation plans for the remainder of the County.
TITLE IV--CULTURAL RESOURCES
SEC. 401. FINDINGS.
Congress finds that--
(1) the County is rich in history and culture going back thousands of years;
(2) the cultural and historical resources important to the people and ancestors of the Tribes must be protected against abuse and desecration, whether intentional or unintentional;
(3) there are opportunities--
(A) to increase knowledge of cultural resources;
(B) to monitor influences from outside forces; and
(C) to improve the inspection and supervision of major cultural sites;
(4) inventory and monitoring programs that identify and document cultural sites and the condition of those sites over time would--
(A) assist in ensuring the preservation of the sites; and
(B) help to focus resources--
(i) to ensure compliance with prohibitions against destruction and or removal of cultural items; and
(ii) to prevent inadvertent negative impacts;
(5) the Owyhee Initiative Agreement will--
(A) support a broad range of measures to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes; and
(B) provide for the implementation of the Plan; and
(6) the implementation of the Plan should--
(A) be consistent with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and
(B) recognize that--
(i) the right of Indians to self-government results from the inherent sovereignty of Indian tribes; and
(ii) the United States--
(I) has a special and unique legal and political relationship with federally recognized Indian tribes; and
(II) is obligated to develop a government-to-government relationship with Indian tribes under the Constitution, treaties, Federal law, and the course of dealings with Indian tribes.
SEC. 402. IMPLEMENTATION.
The Tribes shall implement the Plan.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Tribes to carry out this title--
(1) $900,000 for fiscal year 2008; and
(2) $900,000 for each of fiscal years 2009 through 2012.
END
By Mr. CRAPO:
S. 802. A bill to provide for the implementation of the Owyhee Initiative Agreement, and for other purposes; to the Committee on Energy and Natural Resources.
Mr. CRAPO. Mr. President, I am pleased to introduce the Owyhee Initiative Implementation Act of 2007, a bill which is the result of a five-year collaborative effort between all levels of government, multiple users of public lands, and conservationists to resolve decades of heated land-use conflict in the Owyhee Canyonlands in the southwestern part of my home State of Idaho.
This is comprehensive land management legislation that enjoys far-reaching support among a remarkably diverse group of interests that live work and play in this special country.
Owyhee County contains some of the most unique and beautiful canyonlands in the world and offers large areas in which all of us can enjoy the grandeur and experience of untouched western trails, rivers, and open sky. It is truly magical country, and its natural beauty and traditional uses should be preserved for future generations. Owyhee County is traditional ranching country. Seventy-three percent of its land base is owned by the United States, and it is located within an hour's drive of one of the fastest growing areas in the nation, Boise, ID.
This combination of attributes, including location, is having an explosive effect on property values, community expansion and development and ever-increasing demands on public land. Given this confluence of circumstances and events, Owyhee County has been at the core of decades of conflict with heated political and regulatory battles. The diverse land uses co-exist in an area of intense beauty and unique character. The conflict over land management is both inevitable and understandable--how do we manage for this diversity and do so in a way that protects and restores the quality of that fragile environment?
In this context, the Owyhee County Commissioners and several others said ``enough is enough'' and decided to focus efforts on solving these problems rather than wasting resources on an endless fight. In 2001, The Owyhee County Commissioners, Hal Tolmie, Dick Reynolds, and Chris Salove, met with me and asked for my help. They asked whether I would support them if they could put together, at one table, the interested parties involved in the future of the County to try and reach some solutions. I told them that if they could get together a broad base of interests who would agree to collaborate in a process committed to problem-solving, I would dedicate myself to working with them and if they were successful, I would introduce resulting legislation. They agreed. Together, we set out on a six-year journey on a road that is as challenging as any in the
Owyhee Canyonlands. Sharp turns, steep inclines and declines, big sharp rocks, deep ruts, sand burrs, dust and a constant headwind is exactly what those of us who have worked so hard on this have faced every day.
This is very difficult work and in speaking of difficult work, I want to acknowledge the effort of my friend and colleague from Idaho, Representative MIKE SIMPSON, and the challenge he has taken on as he advocates his Central Idaho Economic Development Act. I support his work and his legislation.
The Commissioners appointed a Chairman, an extraordinary gentleman, Fred Grant. They formed the Work Group which included The Wilderness Society, Idaho Conservation League, The Nature Conservancy, Idaho Outfitters and Guides, the United States Air Force, the Sierra Club, the county Soil Conservation Districts, Owyhee Cattleman's Association, the Owyhee Borderlands Trust, People for the Owyhees, and the Shoshone Paiute Tribes to join in their efforts. All accepted, and work on this bill began. As this collaborative process gained momentum, the County Commissioners expanded the Work Group to include the South Idaho Desert Racing Association, Idaho Rivers United and the Owyhee County Farm Bureau. Very recently, the Commissioners have further expanded the effort to include the Foundation for North American Wild Sheep and the Idaho Backcountry Horsemen.
The Commissioners also requested that the Idaho State Department of Lands and the Bureau of Land Management to serve and those agencies have provided important support.
This unique group of people chose to work without a professional facilitator, preferring instead to deal with differences face-to-face and together create new ideas. For me, one of the most gratifying and emotional outcomes has been to see this group transform itself from polarized camps into an extraordinary force that has become known for its intense effort, comity, trust and willingness to work toward a solution.
They operated on a true consensus basis, only making decisions when there was no voiced objection to a proposal. They involved everyone who wanted to participate in the process and spent hundreds of hours discussing their findings, modifying preliminary proposals and ultimately reaching consensus solutions. They have driven thousands of miles inspecting roads and trails, listening to and soliciting ideas from people from all walks of life who have in common deep roots and deep interest in the Owyhee Canyonlands. They sought to ensure that they had a thorough understanding of the issues and could take proper advantage of the insights and experience of all these people.
While this whole process and its outcomes are indeed remarkable, one of the more notable developments is the Memorandum of Agreement between the Shoshone Paiute Tribes and the County that establishes government-to-government cooperation in several areas of mutual interest. I want to particularly note the efforts and support of Mr. Terry Gibson, Chairman of the Shoshone Paiute Tribes, a great leader and a personal friend.
All of these individuals and organizations have asked that I seek Senate approval of their collaborative effort, built from the ground up to chart their path forward.
The Owyhee Initiative transforms conflict and uncertainty into conflict resolution and assurance of future activity. Ranchers can plan for subsequent generations. Off-road vehicle users have access assured. Wilderness is established. The Shoshone-Paiute Tribe knows its cultural resources will be protected. The Air Force will continue to train its pilots. Local, State and Federal government agencies will have structure to assist their joint management of the region. And this will all happen within the context of the preservation of environmental and ecological health. This is indeed a revolutionary land management structure--and one that looks ahead to the future.
Principle features of the legislation include: development, funding and implementation of a landscape-scale program to review, recommend and coordinate landscape conservation and research projects; scientific review process to assist the Bureau of Land Management; designation of Wilderness and Wild and Scenic Rivers; release of Wilderness Study Areas; protections of tribal cultural and historical resources against intentional and
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unintentional abuse and desecration; development and implementation by the BLM of travel plans for public lands; and a board of directors with oversight over the administration and implementation of the Owyhee Initiative.
This can't be called ranching bill, or a wilderness bill, or an Air Force bill, or a Tribal bill. It is a comprehensive land management bill. Each interest got enough to enthusiastically support the final product, advocate for its enactment, and, most importantly, support the objectives of those with whom they had previous conflict.
Opposition will come from a few principal sources: those who simply don't want to have wilderness designated; those who don't want livestock anywhere on public land; and, those who do not want to see collaboration succeed. While I respect that opposition, I prefer to move forward in an effort that manages conflict and land, rather than exploit disagreements.
The status quo is unacceptable. The Owyhee Canyonlands and its inhabitants, including its people, deserve to have a process of conflict management and a path to sustainability. The need for this path forward is particularly acute given that this area is an hour's drive from one of the Nation's most rapidly-growing communities. The Owyhee Initiative protects water rights, releases wilderness study areas and protects traditional uses.
I commend the commitment and leadership of all involved. We have established a longterm, comprehensive management approach. It's been an honor for me to work with so many fine people and I will do everything in my power to turn this into law.
The Owyhee Initiative sets a standard for managing and resolving difficult land management issues in our country. After all, what better place to forge an historical change in our approach to public land management, than in this magnificent land that symbolizes livelihood, heritage, diversity, opportunity and renewal?
And with that, I would like to recognize and thank the people who have been the real driving force behind this process: Fred Grant, Chairman of the Owyhee Initiative Work Group, his assistant Staci Grant, and Dr. Ted Hoffman, Sheriff Gary Aman, the Owyhee County Commissioners: Hal Tolmie, Chris Salova, & Dick Reynolds and Chairman Terry Gibson of the Shoshone Paiute Tribes. I am grateful to Governor Jim Risch of the Great State of Idaho for all of his support. Thanks to: Colonel Rock of the United States Air Force at Mountain Home Air Force Base, Craig Gherke and John McCarthy of The Wilderness Society, Rick Johnson & John Robison of the Idaho Conservation League, Inez Jaca representing Owyhee County, Dr. Chad Gibson representing the Owyhee Cattleman's Association, Brenda Richards representing private property owners in Owyhee County, Cindy & Frank Bachman representing the Soil Conservation Districts in Owyhee County, Marcia Argust with the Campaign for America's Wilderness, Grant Simmons of the Idaho Outfitters and Guides Association, Bill Sedivy with Idaho Rivers United, Tim Lowry of the Owyhee County Farm Bureau, Bill Walsh representing Southern Idaho Desert Racing Association, Lou Lunte and Will Whelan of the Nature Conservancy for all of their hard work and dedication. I'd also like to thank the Idaho Back Country Horseman, the Foundation for North American Wild Sheep, Roger Singer of the Sierra Club, the South Board of Control and the Owyhee Project managers, and all the other water rights holders who support me today. This process truly benefited from the diversity of these groups and their willingness to cooperate to reach a common goal of protecting the land on which they live, work, and play.
The Owyhee Canyonlands and its inhabitants are truly a treasure of Idaho and the United States; I hope you will join me in ensuring their future.
S 802 IS
110th CONGRESS
1st Session
IN THE SENATE OF THE UNITED STATES
March 7, 2007
Mr. CRAPO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for the implementation of the Owyhee Initiative Agreement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Owyhee Initiative Implementation Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. General provisions.
TITLE I--OWYHEE INITIATIVE AGREEMENT
Sec. 101. Implementation.
Sec. 102. Science review program.
Sec. 103. Conservation and research center program.
Sec. 104. Authorization of appropriations.
TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 201. Wilderness designation.
Sec. 202. Designation of wild and scenic rivers.
Sec. 203. Administration of wilderness and wild and scenic rivers.
Sec. 204. Land exchanges and acquisitions and grazing preferences.
Sec. 205. Authorization of appropriations.
TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT
Sec. 301. Transportation plans.
Sec. 302. Authority.
Sec. 303. Cooperative agreements.
Sec. 304. Authorization of appropriations.
TITLE IV--CULTURAL RESOURCES
Sec. 401. Findings.
Sec. 402. Implementation.
Sec. 403. Authorization of appropriations.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings- Congress finds that--
(1) the Owyhee-Bruneau Canyonlands Region is one of the most spectacular high deserts in the United States, unique in geology and rich in history;
(2) the Shoshone Paiute Indian tribes have put forth claims to aboriginal rights in the Region;
(3) since the 1860s, ranching has been an important part of the heritage, culture, and economy of the Region;
(4) the Region has tremendous opportunities for outdoor recreation;
(5) there has been longstanding conflict over management of the public land in the Region;
(6) in 2001, the Owyhee County Board of Commissioners and the Tribes brought together a diverse group of interests, with the intent that the Tribes and the County, through government-to-government coordination, could mutually launch a process for achieving resolution of land use conflicts, protection of the landscape resource, protection of cultural resources, and economic stability; and
(7) as a result of the process described in paragraph (6), the Owyhee Initiative Agreement, an agreement between a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, was formed to develop a natural resources project that promotes ecological and economic health within the County.
(b) Purpose- The purpose of this Act is to provide for the implementation of the Owyhee Initiative Agreement to--
(1) preserve the natural processes that create and maintain a functioning, unfragmented landscape that supports and sustains a flourishing community of human, plant, and animal life;
(2) provide for economic stability by preserving livestock grazing as an economically viable use; and
(3) provide for the protection of cultural resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) BOARD- The term `Board' means the Board of Directors of the Owyhee Initiative Project.
(2) BUREAU- The term `Bureau' means the Bureau of Land Management.
(3) COUNTY- The term `County' means Owyhee County, Idaho.
(4) ORDINARY HIGH WATER MARK- The term `ordinary high water mark' shall have such meaning as is given the term by the legislature of the State.
(5) OWYHEE FRONT- The term `Owyhee Front' means that area of the County from Jump Creek on the west to Mud Flat Road on the east and draining north from the crest of the Silver City Range to the Snake River.
(6) OWYHEE INITIATIVE AGREEMENT- The term `Owyhee Initiative Agreement' means the agreement that provides for the implementation of a project for the promotion of ecological and economic health within the County entered into by a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, entitled `Owyhee Initiative Agreement', as amended on May 10, 2006.
(7) PLAN- The term `Plan' means the Shoshone Paiute Tribal Cultural Resource Protection Plan approved by the Tribes.
(8) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(9) STATE- The term `State' means the State of Idaho.
(10) TRIBES- The term `Tribes' means the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation.
SEC. 4. GENERAL PROVISIONS.
(a) No Precedence- Nothing in this Act establishes a precedent with regard to any future legislation.
(b) Native American Recognition and Uses- Nothing in this Act diminishes or otherwise affects--
(1) the trust responsibility of the United States to Indian tribes and Indian individuals;
(2) the government-to-government relationship between the United States and federally recognized Indian tribes;
(3) the rights of any Indian tribe, including rights of access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities; or
(4) the sovereignty of any Indian tribe.
TITLE I--OWYHEE INITIATIVE AGREEMENT
SEC. 101. IMPLEMENTATION.
(a) In General- The Secretary shall coordinate with the Board and the County in implementing this Act in accordance with applicable laws and regulations.
(b) Effect on Public Participation- Nothing in this Act diminishes or otherwise affects any applicable law or regulation relating to public participation.
SEC. 102. SCIENCE REVIEW PROGRAM.
(a) In General- The Secretary shall coordinate with the Board in the conduct of the science review process as described in the Owyhee Initiative Agreement.
(b) Management Actions- Notwithstanding the review process under this section, the Secretary shall proceed with management actions in a timely manner in accordance with applicable laws (including regulations).
SEC. 103. CONSERVATION AND RESEARCH CENTER PROGRAM.
The Secretary shall coordinate with the Board with respect to the conservation and research center program, as described in the Owyhee Initiative Agreement.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry out this title $20,000,000.
TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS
SEC. 201. WILDERNESS DESIGNATION.
(a) In General- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:
(1) BIG JACKS CREEK WILDERNESS- Certain land comprising approximately 51,624 acres, as generally depicted on the map entitled `Big Jacks Creek Wilderness' and dated September 1, 2006, which shall be known as the `Big Jacks Creek Wilderness'.
(2) BRUNEAU-JARBIDGE RIVERS WILDERNESS- Certain land comprising approximately 91,328 acres, as generally depicted on the map entitled `Bruneau-Jarbidge Rivers Wilderness' and dated September 1, 2006, which shall be known as the `Bruneau-Jarbidge Rivers Wilderness'.
(3) LITTLE JACKS CREEK WILDERNESS- Certain land comprising approximately 49,647 acres, as generally depicted on the map entitled `Little Jacks Creek Wilderness' and dated September 1, 2006, which shall be known as the `Little Jacks Creek Wilderness'.
(4) NORTH FORK OWYHEE WILDERNESS- Certain land comprising approximately 43,113 acres, as generally depicted on the map entitled `North Fork Owyhee Wilderness' and dated September 1, 2006, which shall be known as the `North Fork Owyhee Wilderness'.
(5) OWYHEE RIVER WILDERNESS- Certain land comprising approximately 269,016 acres, as generally depicted on the map entitled `Owyhee River Wilderness' and dated September 1, 2006, which shall be known as the `Owyhee River Wilderness'.
(6) POLE CREEK WILDERNESS- Certain land comprising approximately 12,468 acres, as generally depicted on the map entitled `Pole Creek Wilderness' and dated September 1, 2006, which shall be known as the `Pole Creek Wilderness'.
(b) Release of Wilderness Study Areas-
(1) FINDING- Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau in the following areas has been adequately studied for wilderness designation:
(A) The Sheep Creek East Wilderness Study Area.
(B) The Sheep Creek West Wilderness Study Area.
(C) The Squaw Creek Canyon Wilderness Study Area.
(D) The West Fork Red Canyon Wilderness Study Area.
(E) The Upper Deep Creek Wilderness Study Area.
(F) The Big Willow Springs Wilderness Study Area.
(G) The Middle Fork Owyhee River Wilderness Study Area.
(H) Any portion of the wilderness study areas--
(i) not designated as wilderness by subsection (a); and
(ii) designated for release on the map dated September 1, 2006.
(2) RELEASE- Any public land described in paragraph (1) that is not designated as wilderness by this subsection--
(A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712).
(c) Maps and Legal Descriptions-
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a map and legal description for each area designated as wilderness by this Act.
(2) EFFECT- Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in such a map or legal description.
(3) AVAILABILITY OF MAPS- The maps submitted under paragraph (1) shall be available for public inspection in--
(A) the offices of the Idaho State Director of the Bureau; and
(B) the offices of the Boise and Twin Falls Districts of the Bureau.
SEC. 202. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Statement of Intent- The intent of wild, scenic, and recreational river designations under this subsection is to resolve the wild, scenic, and recreational river status of the segments within the County, as depicted on the maps submitted under section 201(c).
(b) Designation- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
`(170) BATTLE CREEK, IDAHO- The 23.4 miles of Battle Creek in the State of Idaho from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(171) BIG JACKS CREEK, IDAHO- The 35.0 miles of Big Jacks Creek in the State of Idaho from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW 1/4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a wild river.
`(172) BRUNEAU RIVER, IDAHO-
`(A) IN GENERAL- Except as provided in subparagraph (B), the 39.3-mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of the Bruneau River and the Jarbidge River, to be administered by the Secretary of the Interior as a wild river.
`(B) EXCEPTION- Notwithstanding subparagraph (A), the .6-mile segment of the Bruneau River at the Indian Hot Springs public road access shall be administered by the Secretary of the Interior as a recreational river.
`(173) WEST FORK OF THE BRUNEAU RIVER, IDAHO- The 6.2 miles of the West Fork of the Bruneau River in the State of Idaho from the confluence with the Jarbidge River to the upstream Bruneau-Jarbidge Rivers Wilderness border, to be administered by the Secretary of the Interior as a wild river.
`(174) CAMAS CREEK, IDAHO- The 3.0 miles of Camas Creek in the State of Idaho from the confluence with Pole Creek to the east boundary of sec. 26, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.
`(175) COTTONWOOD CREEK, IDAHO- The 2.6 miles of Cottonwood Creek in the State of Idaho from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(176) DEEP CREEK, IDAHO- The following segments of Deep Creek in the State of Idaho, to be administered by the Secretary of the Interior:
`(A) The 13.1-mile segment of Deep Creek from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, Idaho, as a wild river.
`(B) The 26.4-mile segment of Deep Creek from the boundary of Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, Idaho, to the upstream crossing of Mud Flat Road, as a scenic river.
`(177) DICKSHOOTER CREEK, IDAHO- The 11.0 miles of Dickshooter Creek in the State of Idaho from the confluence with Deep Creek to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(178) DUNCAN CREEK, IDAHO- The following segments of Duncan Creek in the State of Idaho, to be administered by the Secretary of the Interior:
`(A) The 5.2-mile segment of Duncan Creek from the eastern boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, Idaho, upstream to the NW 1/4 of sec. 1, T. 11 S., R. 3 E., Boise Meridian, Idaho, as a scenic river.
`(B) The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the beginning of the Duncan Creek Scenic River segment, as a wild river.
`(179) JARBIDGE RIVER, IDAHO- The 28.8 miles of the Jarbidge River in the State of Idaho from the confluence with the West Fork Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(180) LITTLE JACKS CREEK, IDAHO- The 13.2 miles of Little Jacks Creek in the State of Idaho from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the NW 1/4 of sec. 27, T. 9 S., R. 2 E., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a wild river.
`(181) LITTLE OWYHEE, IDAHO- The 11.0 miles of the Little Owyhee in the State of Idaho from the confluence with the South Fork of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(182) NORTH FORK OF THE OWYHEE RIVER, IDAHO- The following segments of the North Fork of the Owyhee River in the State of Idaho, to be administered by the Secretary of the Interior:
`(A) The 5.7-mile segment of the North Fork of the Owyhee River from the Idaho-Oregon State border to the Wild River segment of the North Fork of the Owyhee River, as a recreational river.
`(B) The 15.1-mile segment of the North Fork of the Owyhee River from the western/downstream boundary of the North Fork Owyhee River Wilderness to the northern/upstream boundary of the North Fork Owyhee River Wilderness, as a wild river.
`(183) OX PRONG, IDAHO- The 1.3 miles of the Ox Prong in the State of Idaho from the confluence with Little Jacks Creek to the upstream boundary of the Little Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(184) OWYHEE RIVER, IDAHO- The 67.3 miles of the Owyhee River in the State of Idaho from the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river, subject to the conditions that--
`(A) motorized access shall be permitted at Crutchers Crossing; and
`(B) any crossing shall remain unconstructed.
`(185) POLE CREEK, IDAHO- The 14.3 miles of Pole Creek in the State of Idaho from the confluence with Deep Creek upstream to the south boundary of sec. 16, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.
`(186) RED CANYON, IDAHO- The 4.6 miles of Red Canyon in the State of Idaho from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(187) SHEEP CREEK, IDAHO- The 25.6 miles of Sheep Creek in the State of Idaho from the confluence with the Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.
`(188) SOUTH FORK OF THE OWYHEE RIVER, IDAHO-
`(A) IN GENERAL- Except as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho-Nevada State border shall be administered by the Secretary of the Interior as a wild river.
`(B) EXCEPTION- Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River across the private lands in secs. 25 and 36, T. 14 S., R. 5 W., Boise Meridian, Idaho, shall be administered by the Secretary of the Interior as a recreational river.
`(189) WICKAHONEY, IDAHO- The 1.5 miles of Wickahoney Creek in the State of Idaho from the confluence of Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.'.
(c) Extent of Boundaries- Notwithstanding section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the wild and scenic river corridor for a river designated as a wild and scenic river by any of paragraphs (170) through (189) of section 3(a) of that Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be the ordinary high water mark.
(d) Maps and Legal Descriptions-
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the map and legal description of each segment of a river designated as a wild and scenic river under this section or an amendment made by this section.
(2) EFFECT- Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions.
(3) AVAILABILITY OF MAPS- The maps submitted under paragraph (1) shall be available for public inspection in--
(A) the offices of the Idaho State Director of the Bureau; and
(B) the offices of the Boise and Twin Falls districts of the Bureau.
(e) Water Rights- Water Rights relating to a segment of a river designated as a wild and scenic river under any of paragraphs (170) through (189) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be reserved in accordance with--
(1) the provisions of that Act (16 U.S.C. 1271 et seq.);
(2) the laws and regulations of the State; and
(3) the Owyhee Initiative Agreement.
SEC. 203. ADMINISTRATION OF WILDERNESS AND WILD AND SCENIC RIVERS.
(a) Management- Subject to valid existing rights, each area designated as wilderness by section 201 shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior with respect to land administered by the Secretary of the Interior.
(b) Inventory- In accordance with the Owyhee Initiative Agreement, not later than 1 year after the date on which a wilderness is designated under section 201, the Bureau shall conduct an inventory of wilderness grazing management facilities and activities in the wilderness.
(c) Livestock- In the wilderness areas designated by section 201 that are administered by the Bureau, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101-405.
(d) Recreational Saddle and Pack Stock- Nothing in this Act precludes horseback riding or the use of recreational saddle or pack stock in any wilderness designated by section 201.
(e) Outfitting and Guiding Activities-
(1) IN GENERAL- Consistent with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)) and subject to any regulations that the Secretary determines to be necessary, the Secretary shall permit the continuation of outfitting and guiding activities in any wilderness designated by section 201.
(2) EFFECT OF DESIGNATION- Designation of an area as wilderness areas under section 201 shall not require the Secretary to limit the conduct of outfitting activities or the use of the system of reserved camps and allocated river launches designated for use by members of the public that use outfitter services that are in existence before the date of enactment of this Act.
(f) Access to Non-Federal Land- Nothing in this Act denies an owner of non-Federal land the right to access the land.
(g) Roads Adjacent to Wilderness- With respect to any road adjacent to a wilderness designated by section 201 (as depicted on the applicable map), the boundary of the wilderness shall be--
(1) 100 feet from the center line for a primary road;
(2) 50 feet from the center line for a primitive wilderness boundary road; and
(3) 30 feet on either side of the center line for an interior wilderness division or cherrystem road.
(h) Wildlife Management-
(1) IN GENERAL- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping in any wilderness designated by section 201.
(2) MANAGEMENT ACTIVITIES-
(A) IN GENERAL- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats necessary to support such populations may be carried out in any wilderness designated by section 201, if the management activities are--
(i) consistent with relevant wilderness management plans; and
(ii) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101-405.
(B) INCLUSIONS- Management activities under subparagraph (A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish the promotion of such outcomes.
(3) EXISTING ACTIVITIES- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as those established in Appendix B of House Report 101-405, the State may continue to use aircraft (including helicopters) in the wilderness areas designated by section 201 to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep and feral stock, horses, and burros.
(i) Wildfire Management- Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) to manage wildfires in any wilderness designated by section 201.
(j) Incorporation of Acquired Land and Interests- Any land or interest within the perimeter of, or adjacent to, an area designated as a wilderness by section 201 or any land or interest described in section 204 that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness within which the acquired land or interest is located.
(k) Adjacent Management-
(1) IN GENERAL- The designation of a wilderness by section 201 shall not create any protective perimeters or buffer zones around the wilderness.
(2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness or wild and scenic river designated under this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness or wild and scenic river.
(l) Military Overflights- Nothing in this section restricts or precludes--
(1) low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the areas designated as a wilderness by section 201, including military overflights that can be seen or heard within the wilderness or wild and scenic river areas;
(2) flight testing and evaluation;
(3) the designation or creation of new units of special use airspace, the expansion of units of special use airspace in existence on the date of enactment of this Act, or the use or establishment of military flight training routes over the wilderness or wild and scenic river areas; or
(4) emergency access and response.
(m) Water Rights- In accordance with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)), nothing in this Act provides an express or implied claim or denial of the Federal Government with respect to any exemption from water laws of the State.
SEC. 204. LAND EXCHANGES AND ACQUISITIONS AND GRAZING PREFERENCES.
(a) Exchanges and Acquisitions-
(1) FINDINGS- Congress finds that--
(A) the consolidation of land ownership would facilitate sound and efficient management for public and private land and serve important public objectives, including--
(i) the enhancement of public access, aesthetics, and recreational opportunities within and adjacent to designated wilderness and wild and scenic river areas; and
(ii) the protection and enhancement of wildlife habitat, including sensitive species;
(B) time is of the essence in completing appropriate land exchanges because further delays may force landowners to construct roads in, develop, or sell private land inholdings, and diminish the public values for which the private land is to be acquired; and
(C) it is in the public interest to complete the land exchanges at the earliest practicable date so that the land acquired by the United States can be preserved for protection of wilderness character, wildlife habitat, and permanent public use and enjoyment.
(2) AUTHORIZATION- The Secretary may acquire, by purchase or other exchange, any land or interest offered by an owner under paragraph (3), subject to the conditions described in paragraph (4).
(3) OFFERS TO CONVEY-
(A) IN GENERAL- An owner of land or an interest identified under the document entitled `Land Exchanges and Acquisitions' and dated September 1, 2006, may offer to convey the land or interest to the Secretary by purchase or exchange if the owner has submitted to the Secretary, on or before the date of enactment of this Act--
(i) a written notice of the intent to exchange or sell the land or interest;
(ii) an identification of each parcel of land and each interest to be exchanged or sold;
(iii) a description of the value of each parcel of land and each interest as described in that document; and
(iv) in the case of an exchange, a description of the Federal land sought for the exchange.
(B) CONVEYANCE BY SALE-
(i) IN GENERAL- Subject to the availability of funds, the Secretary shall acquire any land or interests offered for purchase under subparagraph (A) as soon as practicable after the date of enactment of this Act.
(ii) ELECTION TO RECEIVE CASH- If an owner makes an election under subparagraph (C)(iii)(II), the Secretary shall acquire by sale the land or interest of the owner as soon as practicable after the date on which the Secretary receives a notice of the election of the owner.
(C) CONVEYANCE BY DIRECT EXCHANGE-
(i) IN GENERAL- On the election of an owner that has submitted an appropriate notice under subparagraph (A)(i), the Secretary may acquire land or property interests identified as eligible for exchange in the document entitled `Land Exchanges and Acquisitions' and dated September 1, 2006, in exchange for Federal land that is--
(I) of equal value to the land or property interests, as determined by appraisals of the applicable Federal land, with or without development rights;
(II) located in the County; and
(III) described in the document referred to in subparagraph (A).
(ii) ACTION BY SECRETARY- Not later than 60 days after the date on which the appraisals of applicable land are completed, the Secretary shall offer to enter into an exchange under this subparagraph with each appropriate owner of land or a property interest offered for exchange under subparagraph (A).
(iii) DECISIONS BY OWNERS- Not later than 60 days after the date on which the appraisals of applicable land are completed, an owner of land or a property interest subject to an exchange under this subparagraph may elect--
(I) to waive any applicable development right relating to the Federal land to be exchanged, subject to the adjustment of the exchange to achieve like values;
(II) to receive cash in lieu of Federal land for all or any portion of the land or property interest to be exchanged; or
(III) to withdraw from participation in any exchange program.
(iv) APPLICABILITY OF OTHER LAW- Except as otherwise provided in this section, each exchange of Federal land under this section shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management.
(D) FACILITATED LAND EXCHANGES-
(i) IN GENERAL- Not later than 30 days after the date of enactment of this Act, the Secretary shall offer to enter into a facilitated land exchange in accordance with subparagraph (A) and conducted through a land exchange facilitator to be designated by the Board.
(ii) EXCHANGE OFFER-
(I) IN GENERAL- Not later than 60 days after the date on which the appraisals of applicable land are completed, the land exchange facilitator shall submit to the Secretary an offer to exchange private land for Federal land in the County.
(II) REQUIREMENT- An offer to exchange under subclause (I) shall demonstrate that the appraised value of the private land is equal or approximately equal to the appraised value, with or without development rights, of the Federal land offered for exchange.
(4) CONDITIONS-
(A) TITLE- Title to any private land conveyed under this subsection shall--
(i) be acceptable to the Secretary; and
(ii) conform with title approval standards applicable to Federal land acquisitions.
(B) VALID EXISTING RIGHTS- Conveyances under this subsection shall be subject to valid existing rights of record.
(5) EFFECT OF SUBSECTION- Nothing in this subsection--
(A) creates any compensable property right or title with respect to grazing preferences; or
(B) affects any public access route on Federal land exchanged under this subsection.
(b) Grazing Preferences-
(1) IN GENERAL- A holder of a valid grazing preference with respect to all or a portion of any Federal land designated by this Act as a wilderness may voluntarily offer to the Secretary for sale or donation all or any portion of the grazing preference.
(2) NOTICE- To offer a grazing preference for sale or donation under paragraph (1), the holder of the grazing preference shall submit to the Secretary a written notice of the intent of the holder, including--
(A) a description of the Federal land to which the grazing preference applies; and
(B) the date on which the holder will relinquish use of the grazing preference, which shall be not later than 1 year after the date on which the notice is submitted.
(3) CONSIDERATION- The Secretary shall provide to a holder that offers a grazing preference for sale under paragraph (1) consideration in accordance with the schedule of payments described in the document described in subsection (a)(3)(A).
(4) CANCELLATION AND RETIREMENT OF LIVESTOCK GRAZING- Beginning on the date identified under paragraph (2)(B)--
(A) the applicable grazing preference shall be canceled; and
(B) the associated livestock grazing shall be permanently retired.
(5) FENCING- The Secretary shall install and maintain any fencing and other structures required to prevent grazing use of any Federal land on which a grazing preference has been voluntarily sold or donated under this subsection.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Bureau such sums as are necessary to carry out this title.
TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT
SEC. 301. TRANSPORTATION PLANS.
(a) In General- The Bureau shall develop and implement transportation plans for land managed by the Bureau outside of wilderness areas in the County.
(b) Consultation and Coordination- The transportation plans and cooperative agreements shall be developed in consultation and coordination with appropriate Federal Government entities, tribal government entities, and State and local government entities consistent with--
(1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(2) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(3) any other applicable laws.
(c) Inclusions- The Bureau shall ensure that all areas of the County managed by the Bureau, including areas that are remote and rarely used for motorized recreation, are included and in transportation plans developed under subsection (a) to--
(1) provide for management of anticipated growth in recreational use of the land; and
(2) develop a system to provide a wide range of recreational opportunities and experiences for all users.
(d) Limitation- Transportation plans under subsection (a) shall not affect the status of any road adjacent to any wilderness (as depicted on the applicable map).
(e) System of Routes-
(1) IN GENERAL- Each transportation plan under subsection (a) shall--
(A) establish a system of designated roads and trails;
(B) include a multiple use recreational trail system, that provides a wide range of recreational opportunities and experiences for all users while protecting natural and cultural resources;
(C) limit the use of motorized and mechanized vehicles to designated roads and trails;
(D) address use of snow vehicles on roads, trails, and areas designated for such use;
(E) be based on resource and route inventories;
(F) include designation of routes and route systems that are open or closed; and
(G) include provisions relating to, with respect to the applicable land--
(i) trail construction and reconstruction;
(ii) road and trail closure;
(iii) seasonal closures or restrictions;
(iv) restoration of disturbed areas;
(v) monitoring;
(vi) maintenance;
(vii) maps;
(viii) signs;
(ix) education; and
(x) enforcement.
(2) TEMPORARY LIMITATION-
(A) IN GENERAL- Except as provided in subparagraph (B), until the date on which the Bureau completes transportation planning, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails in existence on the day before the date of enactment of this Act.
(B) EXCEPTIONS-
(i) IN GENERAL- Subparagraph (A) shall not apply to areas specifically identified as open, closed, or limited under the Owyhee resource management plan.
(ii) HEMMINGWAY BUTTE AREA- Notwithstanding subparagraph (A), the Bureau may take into consideration maintaining the Hemmingway Butte area as open to cross-country travel.
(f) Schedule-
(1) OWYHEE FRONT- Not later than 1 year after the date of enactment of this Act, the Bureau shall complete a transportation plan for the Owyhee Front.
(2) OTHER FEDERAL LANDS IN THE COUNTY- Not later than 3 years after the date of enactment of this Act, the Bureau shall complete a transportation plan for Federal land in the County outside the Owyhee Front.
SEC. 302. AUTHORITY.
Transportation and travel management under this title shall not affect the authority of the Bureau to manage or regulate off-highway vehicle use under title 43, Code of Federal Regulations (as in effect on September 25, 2005).
SEC. 303. COOPERATIVE AGREEMENTS.
(a) In General- As soon as practicable, after the date of enactment of this Act, the Bureau shall offer to enter into cooperative agreements with the County--
(1) to establish a cooperative search and rescue program; and
(2) to implement and enforce the transportation plans described in this section.
(b) Authorization of Appropriations- There are authorized to be appropriated to the Bureau such sums as are necessary--
(1) to carry out search and rescue operations in the County; and
(2) to develop, implement, and enforce off-highway motor vehicle transportation plans under this section.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Bureau such sums as are necessary to accelerate completion and implementation by the Bureau of the transportation plan for the Owyhee Front and subsequent transportation plans for the remainder of the County.
TITLE IV--CULTURAL RESOURCES
SEC. 401. FINDINGS.
Congress finds that--
(1) the County is rich in history and culture going back thousands of years;
(2) the cultural and historical resources important to the people and ancestors of the Tribes must be protected against abuse and desecration, whether intentional or unintentional;
(3) there are opportunities--
(A) to increase knowledge of cultural resources;
(B) to monitor influences from outside forces; and
(C) to improve the inspection and supervision of major cultural sites;
(4) inventory and monitoring programs that identify and document cultural sites and the condition of those sites over time would--
(A) assist in ensuring the preservation of the sites; and
(B) help to focus resources--
(i) to ensure compliance with prohibitions against destruction and or removal of cultural items; and
(ii) to prevent inadvertent negative impacts;
(5) the Owyhee Initiative Agreement will--
(A) support a broad range of measures to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes; and
(B) provide for the implementation of the Plan; and
(6) the implementation of the Plan should--
(A) be consistent with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and
(B) recognize that--
(i) the right of Indians to self-government results from the inherent sovereignty of Indian tribes; and
(ii) the United States--
(I) has a special and unique legal and political relationship with federally recognized Indian tribes; and
(II) is obligated to develop a government-to-government relationship with Indian tribes under the Constitution, treaties, Federal law, and the course of dealings with Indian tribes.
SEC. 402. IMPLEMENTATION.
The Tribes shall implement the Plan.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Tribes to carry out this title--
(1) $900,000 for fiscal year 2008; and
(2) $900,000 for each of fiscal years 2009 through 2012.
END
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