**TESTIMONY OF THE WILDERNESS SOCIETY**

**Senate Energy and Natural Resources Committee**

**Subcommittee on Public Lands and Forests**

**REGARDING S. 2833**

**THE OWYHEE PUBLIC LANDS MANAGEMENT ACT**

Thank you for the opportunity to testify and state The Wilderness
Society's (TWS) support for passage of S. 2833, the Owyhee Public Lands
Management Act of 2008. We are committed to working with Congress to
ensure that the legislation is true to the intent of the Owyhee
Initiative Agreement, a unique agreement developed in Idaho between
conservationists, ranchers, Owyhee County elected officials, members of
the Shoshone-Paiute Tribe, and others. TWS is also committed to working
with Congress to ensure that the legislation is in the best interest of
our public lands. S. 2833 provides lasting protection for critical
ecological, scenic, recreation and wild areas that are threatened from
development and degradation.

TWS deeply appreciates the work done over the past several months by
majority and minority subcommittee staff, Senator Crapo's staff, and
Senator Craig's staff on S. 2833. That work has produced legislation
that reflects important goals and objectives of the Owyhee Initiative
Work Group. The Owyhee Initiative Work Group was initially comprised of
the Owyhee Cattle Association, Owyhee County, Bruneau Soil Conservation
District, Idaho Outfitters and Guides Association, the Owyhee
Borderlands Trust, The Nature Conservancy, The Wilderness Society,
People for the Owyhees, and the Idaho Conservation League. The Sierra
Club was later added to the Work Group. The BLM, Idaho Department of
Lands, and the U.S. Air Force participated as *ex officio* members of
the Owyhee Initiative. After public hearings in Owyhee County urged
expansion of the Work Group, it was expanded to include Idaho Rivers
United, the Owyhee County Farm Bureau, Foundation for North American
Wild Sheep, and the South Idaho Desert Racing Association.

There are genuine and significant conservation gains achieved through S.
2833. Wilderness and Wild and Scenic River designation, preparation of
travel management plans that will lead to better resource protection
from damage resulting from cross-country motorized recreation in Owyhee
County, closure of 200 miles of motorized routes through proposed
wilderness, establishment of a conservation research center, increased
protections of Shoshone-Paiute cultural sites and resources, and
acquisition of private land inholdings in candidate wilderness areas and
public rights of way across private land all create a total package that
TWS supports.

**[Wilderness]{.underline}**

The bill designates 517,000 acres of BLM wilderness. The landscape
within the wilderness proposal is diverse, ranging from river canyons
over a thousand feet deep to vast expanses of sagebrush and grassland
plateaus that provide habitat for sage grouse, pronghorn antelope,
bighorn sheep, songbirds, raptors, and numerous rare plant species. More
than 230,000 acres of lands proposed for wilderness are upland plateaus
and 224,000 acres are classified as low or moderate hills. This high
desert, sagebrush steppe habitat is not included in existing designated
wilderness in Idaho and is generally underrepresented in the National
Wilderness Preservation System. All of the areas proposed for wilderness
in S. 2833 represent valuable additions to the National Wilderness
Preservation System.

The river canyons in Owyhee County have been called the largest
concentration of sheer-walled volcanic rhyolite and basalt canyons in
the western United States. Many of the canyons are more than 1,000 feet
deep, nearly twice as deep as the Washington Monument is tall. River
enthusiasts come from around the country to challenge the famous white
water rapids of these rivers.

The greatest threat to wildlands in Owyhee County is escalating
motorized recreation.  While WSAs are intended to be managed to protect
their wilderness character, WSA status has done little to limit
motorized use as the BLM has not regulated or closed WSAs to motorized
recreation.  Consequently, WSAs in the Owyhee-Bruneau Canyonland region
have hundreds of miles of illegal motorized routes carved within their
boundaries. Wilderness designation will close these areas to motorized
abuse.

Lands not designated as wilderness will be released and no longer
managed to protect their wilderness characteristics, but may be eligible
for future wilderness consideration at a later date.

There are specific WSAs that TWS regrets will not be designated as
wilderness, specifically West Fork Red Canyon and Sheep Creek West. West
Fork Red Canyon is a rugged river canyon that supports redband trout
populations and would be a logical expansion of the Owyhee River
proposed wilderness. Sheep Creek West WSA was recommended for wilderness
by the BLM. Conservationists and ranchers could not reach agreement on
these two areas. While these two areas would have made fine additions to
the National Wilderness Preservation System, we acknowledge that very
nature of collaboration is compromise.

**[Administration of Wilderness]{.underline}**

The legislation directs the BLM to conduct an inventory of existing
grazing management facilities and activities in wilderness. Grazing will
be allowed to continue subject to the congressional grazing guidelines
and wilderness wildlife management will be subject to congressional
wildlife management guidelines.

The bill contains standard language for wildlife management and
helicopter use and military overflights. In Owyhee County, Idaho Fish
and Game have used helicopters to transplant and re-establish
populations of California bighorn sheep, and subsequently used
helicopters to monitor population trends of bighorn sheep. We expect
this kind of helicopter use will be allowed to continue so long as BLM
determines, via required analysis, that such use meets the "minimum
management tool" concept of wilderness management.

The Act provides for the continuation of outfitting and guiding in
wilderness consistent with section 4(d)(5) of the Wilderness Act to the
extent necessary for realizing the recreational or other wilderness
purposes of the areas.

**[Owyhee Science Review and Conservation Center]{.underline}**

S. 2833 directs that the BLM coordinate with the State of Idaho, Owyhee
County, and the Shoshone-Paiute Tribe and consult with the University of
Idaho, federal grazing permittees, the public and federal and state
agencies to establish the Owyhee Science Review and Conservation Center
in Owyhee County to conduct research projects to address natural
resources management issues affecting public and private rangelands in
Owyhee County. The legislation states that the purpose of the Center is
to facilitate the collection and analysis of information to provide
federal and state agencies, private landowners and the public with
information to allow for improved rangeland management.

TWS supports the establishment of the Owyhee Science Review and
Conservation Center. TWS supports the collection and analysis of the
most up to date information and research regarding resource management,
and the sharing and distribution of that information among all
interested parties.

**[Wild and Scenic Rivers]{.underline}**

S. 2833 designates 316 miles of Wild and Scenic Rivers in Owyhee County.
These rivers are some of the most spectacular whitewater rivers in the
lower 48 states. The boundaries for these rivers shall be ¼ mile from
the high water mark on both sides of the river or the nearest confined
canyon rim, whichever is shorter.

**[Water Rights]{.underline}**

In 2000 the Idaho Supreme Court ruled that wilderness areas do not carry
a federal reserved water right, thus S. 2833 expressly denies a federal
reserved water right for wilderness areas designated by this act.
However, each candidate wilderness area contains a proposed Wild and
Scenic River through which, under terms of the Wild and Scenic Rivers
Act and Idaho law, will carry with it a federal reserved water right.
Those Wild and Scenic River water rights will be quantified and
adjudicated after designation in compliance with state and federal laws
and with input from federal agencies, the state and other interested
parties through Idaho's Snake River Basin Adjudication Court.

**[Land Exchanges and Acquisitions and Grazing
Preferences]{.underline}**

The legislation authorizes the Secretary of the Interior to permanently
retire voluntarily relinquished grazing permits. Grazing permittees have
indicated their interest in permanently retiring 18,000 animal unit
months (AUMS) from public grazing in wilderness, resulting in 55,000
acres of cattle free wilderness and 260,000 acres of reduced grazing.

The bill authorizes the sale of public lands within the Boise District
of the BLM that have been identified for disposal through resource
management plans, with proceeds from the sale of such lands deposited in
a special "Owyhee Land Exchange Acquisition Account." Funds from this
account can be used to purchase lands or interests therein within or
adjacent to the wilderness areas designated by this Act and identified
in a map dated March 25, 2008 prepared by BLM for Senator Crapo. The
account will terminate after 10 years or upon the expenditure of \$8
million, whichever comes first. TWS supports the creation of this
account as a unique way to acquire the private lands scattered within or
near the wilderness areas in Owyhee County.

Landowners with wilderness-quality inholdings within the proposed
wilderness areas would have the opportunity to sell or exchange their
land for equal value federal lands.  All land exchanges will be
conducted in accordance with standard federal procedures. TWS believes
the exchanges will likely result in a positive gain for the public. The
lands that we understand would move *into* the federal estate have
extremely high ecological and wilderness values whereas the lands that
would move *out* of the federal estate and into private hands have
significantly lower ecological value and no wilderness value.

The public will benefit from anticipated exchanges because inholdings in
proposed wilderness would be removed. Acquisition of the proposed
private inholdings will prevent future conflicts regarding landowner
access and development issues, as well as acquire for public ownership
lands that are of key ecological importance, like riparian areas and
bighorn sheep habitat. Additionally, some of the private inholdings that
we understand would be acquired are in excellent vegetative condition,
and the acquisition of such lands into public ownership is a positive
step forward. We are also strongly supportive of the acquisition of
public rights-of-way across private lands, facilitating public access to
thousands of acres of public land where access has been blocked by "no
trespassing" signs and locked gates. The proposed permanent retirement
of livestock grazing within some specific wilderness areas broadens the
diversity of ecologically significant areas in Owyhee County that are
livestock free. These are all positive actions that will benefit the
public and our public lands.

**[Transportation and Recreation Management]{.underline}**

The primary threat to Owyhee wildlands is the dramatic increase in
illegal and inappropriate off-road vehicle use. To date, BLM has not
completed a comprehensive travel plan for the Owyhee area and
conservationists, ranchers and responsible ORV-users support the need
for a timely plan. The Act directs BLM to develop and implement
transportation plans for public lands outside the proposed wilderness
areas. The plans are to establish a system of designated roads and
trails and limit motorized and mechanized vehicles to designated routes.
Until the date that the BLM completes the transportation plans, all
recreational motorized and mechanized vehicle use shall be limited to
roads and trails lawfully in existence before the date of enactment of
the Act, i.e. cross-country travel is prohibited. The BLM is to complete
a travel plan for the Owyhee Front not later than one year after passage
of the act and not later than 3 years for the rest of Owyhee County.

It is important that the BLM make real progress towards completing these
travel plans, as the past several years have demonstrated that
cross-country off-road vehicle use continues to grow every year in
Owyhee County. Delay of this legislation means that the unauthorized
network of user-created off-road vehicle trails will continue to grow
resulting in escalating user conflicts and extensive resource damage.

**[Cultural resources]{.underline}**

The canyonlands and sagebrush plateaus of Owyhee County contain the
richest concentration of archaeological sites in Idaho. The ancestors of
the Shoshone and Northern Paiute have lived, hunted, and worshipped
throughout Owyhee County and the Snake River Plain for thousands of
years. The Camas and Pole Creek Archaeological District alone
incorporates over 500 sites of archaeological significance. The
legislation directs the BLM to coordinate with the Shoshone-Paiute Tribe
in the implementation of the Shoshone Paiute Cultural Resource
Protection Plan and to enter into agreements with the Tribe to implement
the Plan. Implementation of this plan is needed to help protect the
cultural resources of Owyhee County from theft and vandalism.

**[Conclusion]{.underline}**

The Owyhee Public Lands Management Act will achieve the following: 

-   Designation of 517,000 acres of wilderness;

-   Designation of 315 miles of Wild and Scenic Rivers;

-   Closure of 200 miles of motorized routes in candidate wilderness
    areas and completion of a travel planning process to establish a
    designated system of motorized routes for all public lands in Owyhee
    County; 

-   Increased protections for Shoshone-Paiute cultural sites and
    resources;

These are all tremendous and much needed conservation gains. We look
forward to continuing to work with you in furtherance of a successful
outcome.

.For more information, please contact Craig Gehrke, Regional Director,
Idaho Office of The Wilderness Society, 208-343-8153.