Jarbidge Draft RMP/EIS Errata Sheet 

E-1 August 2010

ERRATA SHEET FOR THE JARBIDGE DRAFT RESOURCE 

MANAGEMENT PLAN (RMP)/ENVIRONMENTAL IMPACT 

STATEMENT (EIS) 

Omnibus Public Lands Management Act

The Omnibus Public Lands Management Act (OPLMA; Public Law 111-11) was signed by the President 

on March 30, 2009. Within the planning area, Title I, Subtitle F of this act, entitled Owyhee Public Land 

Management, designates the Bruneau-Jarbidge Rivers Wilderness and releases from consideration for 

Wilderness areas previously identified as the Bruneau River-Sheep Creek Wilderness Study Area (WSA) 

and the Jarbidge River WSA that are not contained in the newly designated Wilderness. In addition, 

OPLMA designates four Wild and Scenic Rivers (WSRs) within the planning area and contains additional 

management direction for cultural resources and transportation in the portions of the planning area within 

Owyhee County, Idaho. This subtitle is reprinted in its entirety following this errata sheet. 

Provisions of the Act Relevant to the Jarbidge Draft RMP/EIS 

Wilderness Designation 

1 OPLMA designates 89,780 acres as the Bruneau-Jarbidge Rivers Wilderness (Figure 1). Of this, 60,320 

acres are in the planning area (Table 1); the remaining acres are outside the planning area within the 

Bureau of Land Management (BLM) Bruneau Field Office. Of the acres within the planning area, 46,170 

acres were formerly in the Jarbidge River WSA, 13,980 acres were formerly in the Bruneau River-Sheep 

Creek WSA, and 170 acres were not in either WSA. 

Table 1. OPLMA Changes in Wilderness and WSA Management Affecting the Planning Area
 

Former Management Management Following OPLMA 

Field Office Acres Bruneau-Jarbidge Rivers Wilderness Released from WSA Management 

Jarbidge River WSA 

Jarbidge FO 64,110 46,170 17,940 

Bruneau FO 6,840 6,820 20 

Total 70,950 52,990 17,960 

Bruneau River-Sheep Creek WSA 

Jarbidge FO 28,120 13,980 14,140 

Bruneau FO 72,860 22,490 50,370 

Total 100,980 36,470 64,510 

Not within any WSA 

Jarbidge FO 170 170 0 

Bruneau FO 150 150 0 

Total 320 320 0 

GRAND TOTAL 172,250 89,780 82,470 

OPLMA also contains management provisions for the new Wilderness designations. Management 

specified by the Act relevant to the Bruneau-Jarbidge Rivers Wilderness is as follows: 

 Subject to valid existing rights, the Wilderness shall be administered by the Secretary of the Interior in 

accordance with the Wilderness Act. 

	 Subject to valid existing rights, the Wilderness is withdrawn from all forms of: 

 Entry, appropriation, or disposal under the public land laws; 

 Location, entry, and patent under the mining laws; and 

                                                            

1

 Acres and miles were calculated using Geographic Information Systems (GIS) and include only BLM-managed 

lands. All acres have been rounded to the nearest 10 acres. As a result, some acres and miles are slightly different 

from those contained in the Act. 
Figure 1. Bruneau-Jarbidge Rivers Wilderness and Former WSAs in the Planning Area 

Clover 

Creek 

Jarbidge 

WF 

Bruneau 

River 

Sheep 

Creek 

River 

Bruneau

River 

0 2.5 5

Miles 

No warranty is made by the Bureau of Land 

Management. The accuracy, reliability, or 

completeness of these data for individual use 

or aggregate use with other data is not guaranteed. 

Bruneau-Jarbidge Rivers Wilderness Former Wilderness Study Areas 

TWIN FALLS DISTRICT 

Jarbidge 

Field Office 

BOISE DISTRICT 

Bruneau 

Field Office 

Area Location 

Idaho BLM Field Office 

Jarbidge Field Office 

Errata Sheet Jarbidge RMP/EIS 

August 2010 E-2 
                                                           

Jarbidge Draft RMP/EIS Errata Sheet 

	 Disposition under the mineral leasing, mineral materials, and geothermal leasing laws. 

	 Livestock grazing established as of the passage of the Act shall be allowed to continue, subject to 

such reasonable regulations, policies, and practices as the Secretary of the Interior considers 

necessary, consistent with section 4(d)(4) of the Wilderness Act and the guidelines described in 

Appendix A of House Report 101-405. 

	 Fences may be constructed and maintained around the Wilderness as determined to be appropriate 

to enhance Wilderness values. 

	 The Secretary of the Interior shall accept the donation of any valid existing grazing permits or leases, 

all or a portion of which is within the Wilderness; for each permit or lease donated, the permit or lease 

shall be terminated and grazing on the land covered by the permit or lease shall be ended 

permanently. If the land is also covered by another valid existing permit or lease that is not donated, 

the authorized grazing level on that land shall be reduced to reflect the donated permit or lease. If 

less than the full amount of grazing use under a permit or lease is donated, the authorized grazing 

level shall be reduced to reflect the donation and the permit or lease shall be modified to reflect the 

revised use levels. 

	 Land or interests in land may be acquired within the boundaries of the Wilderness through purchase, 

donation, or exchange. Any land or interest in land acquired in, or adjoining the boundary of, the 

Wilderness shall be added to and administered as part of the Wilderness. 

 A trail plan addressing hiking and equestrian trails will be developed. 

 Commercial services, including authorized outfitting and guide activities, are authorized in the
 

Wilderness to the extent necessary for activities that fulfill recreational or other Wilderness purposes. 

 Adequate access shall be provided to any owner of private property within the Wilderness boundary. 

 Management activities necessary to maintain or restore fish and wildlife populations and habitats in 

Wilderness may be conducted if the activities are consistent with relevant Wilderness management 

plans and conducted in accordance with appropriate policies, such as those established in Appendix 

B of House Report 101-405. These management activities may include the occasional and temporary 

use of motorized vehicles, if the use, would promote healthy viable, and more naturally distributed 

wildlife populations that would enhance Wilderness values while causing the minimum impact 

necessary to accomplish those tasks. 

	 Any measures that the Secretary determines to be necessary may be taken to control fire, insects, 

and diseases. 

 No protective perimeter or buffer zone shall be created around the Wilderness. 

 Non-Wilderness activities or uses outside the Wilderness that can be seen or heard from within the 

Wilderness shall not be precluded. 

Release of Areas from WSA Management 

OPLMA releases the remaining portions of the Jarbidge River and Bruneau River-Sheep Creek WSAs 

from consideration as Wilderness. Within the planning area,17,940 acres of the Jarbidge River WSA and 

14,140 acres of the Bruneau River-Sheep Creek WSA were released (Figure 1; Table 1). The released 

lands are to be managed in accordance with the applicable land use plan adopted under section 202 of 

the Federal Land Policy and Management Act of 1976 (FLPMA). Within the planning area, the applicable 

land use plan is the 1987 Jarbidge Resource Management Plan (RMP). 

Wild and Scenic River (WSR) Designations 

OPLMA designates the following WSRs in the planning area (Figure 2): 

	 A 38.1-mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge 

Rivers Wilderness to the confluence with the West Fork of the Bruneau River, except for a 0.5-mile 2 segment at the Indian Hot Springs public road access, to be administered as a wild river

	 A 0.5-mile segment of the Bruneau River at the Indian Hot Springs public road access to be 

administered as a recreational river 

2

 37.8 miles of the wild segment are downstream from Indian Hot Springs, while 0.3 miles of the wild segment are 

upstream from Indian Hot Springs. 

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Errata Sheet Jarbidge RMP/EIS 

Figure 2. Designated Wild and Scenic Rivers in the Planning Area and their Classification 

Clover 

Creek 

Jarbidge 

WF 

Bruneau 

River 

Sheep 

Creek 

River 

Bruneau 

River 

0 2.5 5

Miles 

No warranty is made by the Bureau of Land 

Management. The accuracy, reliability, or 

completeness of these data for individual use 

or aggregate use with other data is not guaranteed. 

TWIN FALLS DISTRICT 

Jarbidge 

Field Office 

BOISE DISTRICT 

Bruneau 

Field Office 

Area Location 

Idaho BLM Field Office 

Jarbidge Field Office 

Recreational Wild 

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Jarbidge Draft RMP/EIS Errata Sheet 

	 A 0.3-mile segment of the West Fork of the Bruneau River from the confluence with the Jarbidge 

River to the downstream boundary of the Bruneau Canyon Grazing Allotment to be administered as a 

wild river 

	 A 27.9-mile segment of the Jarbidge River from the confluence with the West Fork of the Bruneau 

River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness to be administered as a 

wild river 

All four of these river segments were identified as suitable for inclusion in the National Wild and Scenic 

Rivers System (NWSRS) in the 1976 Bruneau Wild and Scenic River Study Report. That report assigned 

these segments a tentative classification as wild and identified scenic, recreational, geological, fish, 

wildlife, cultural, and vegetation outstandingly remarkable values. 

Transportation Management 

OPLMA directs the Secretary to prepare a travel management plan for motorized and mechanized offhighway vehicle (OHV) recreation on BLM-managed lands in Owyhee County. In general, the plan will 

limit recreational motorized and mechanized OHV use to a system of designated roads and trails; this 

limitation will not apply to snowmobiles. Until the plan is completed, all recreational motorized and 

mechanized off-highway vehicle use (excluding snowmobiles) shall be limited to roads and trails lawfully 

in existence on the day before the enactment of the Act. 

Implications for the Jarbidge Draft RMP/EIS 

When OPLMA passed in March 2009, the Interdisciplinary Team (ID Team) was in the process of 

finalizing the impact analysis for the Jarbidge Draft RMP/Environmental Impact Statement (EIS). To 

incorporate OPLMA into the Jarbidge Draft RMP/EIS, the BLM determined numerous acreage changes 

would be necessary in the document; however, these minor changes would not likely affect the ultimate 

conclusions of the analysis. Updating the acres in the document would require changes to the description 

of the No Action Alternative in Chapter 2, 14 sections of the action alternatives in Chapter 2, 6 sections of 

Chapter 3, and every section of Chapter 4 except the Wild Horses, Areas of Critical Environmental 

Concern, and National Historic Trails sections. These changes would be extensive due to the structure of 

the alternatives and analysis. For example, the new mineral withdrawals within the Wilderness 

designation would affect the Leasable Minerals, Salable Minerals, and Locatable Minerals sections of 

Chapter 2 and their associated GIS layers. These changes, in turn, would affect the 12 sections of 

Chapter 4 in which impacts from minerals actions are analyzed. 

The ID Team determined this workload would delay publication of the Jarbidge Draft RMP/EIS by 

approximately one year. Due to the timeline specified in the September 30, 2005, Stipulated Settlement 

Agreement (SSA) in the case of Western Watersheds Project v. Bennett et al. (Case No. CV-04-181-SBLW) (D. Idaho) (Appendix A), BLM decided to publish the Jarbidge Draft RMP/EIS without full 

incorporation of the designations and management contained in the Act and incorporate them before 

publication of the Proposed RMP/Final EIS. 

Though the Jarbidge Draft RMP/EIS does not incorporate the OPLMA, the analysis contained in Chapter 

4 is still valid. BLM does not expect these changes to affect the ultimate conclusions of the analysis; 

rather, most changes will only appear as minor variations in acreages or changes in wording. The 

implications of the provisions of the Act for the Jarbidge Draft RMP/EIS are described in more detail 

below. 

Implications from Wilderness Designation 

The new Wilderness designation will change the acres discussed in Chapters 2, 3, and 4, but is not likely 

to affect the ultimate conclusions of the analyses. Generally, any management or impacts relevant to the 

former Jarbidge River WSA or Bruneau River-Sheep Creek WSA are relevant to the Bruneau-Jarbidge 

Rivers Wilderness and discussed accordingly in the Proposed RMP/Final EIS. A new Wilderness section 

of Chapter 4 will be added as well. The analysis contained in the Wilderness Study Areas section of 

Chapter 4 will still apply to the Lower Salmon Falls Creek WSA, which is not affected by the Act. 

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Errata Sheet Jarbidge RMP/EIS 

Implications from Release of Areas from WSA Management 

Management for lands released from WSA management for the No Action Alternative has already been 

described in detail in the Wilderness Study Area section of Chapter 2. Impacts to released WSA lands 

due to this management have already been analyzed in the Wilderness Study Area section of Chapter 4. 

In an inventory conducted in 1981, lands released from Wilderness review under OPLMA were found to 

have Wilderness characteristics. In the intervening years, these Wilderness characteristics were protected 

until Congress could act on them. The Wilderness inventory for lands that were not designated as 

Wilderness but have been released under OPLMA will be updated to make a determination regarding 

Wilderness characteristics. Lands determined to have Wilderness characteristics will be incorporated into 

the Non-WSA Lands with Wilderness Characteristics sections in the Proposed RMP/Final EIS as 

appropriate to each action alternative. That is, under Alternatives I, IV, and V, these lands would be 

managed for Wilderness characteristics, and under Alternatives II and II, they would be managed for 

other values. Under all alternatives, proposals regarding the use of these lands would need to analyze 

impacts to Wilderness characteristics. Accordingly, the Non-WSA Lands with Wilderness Characteristics 

section of Chapter 4 of the Proposed RMP/Final EIS will be updated to analyze impacts to Wilderness 

characteristics on these lands. 

Should any of the released lands be found to not have Wilderness characteristics, those lands would be 

managed the same as adjacent non-Wilderness lands as appropriate to each action alternative, and 

proposals regarding their use would not need to analyze impacts to Wilderness characteristics. 

Impacts to released WSA lands that would be managed for Wilderness characteristics or managed for 

other values have already been analyzed in the Draft RMP/EIS in the Wilderness Study Areas section of 

Chapter 4. 

Implications from Wild and Scenic River Designations 

While the text of the Wild and Scenic Rivers section of Chapters 3 and 4 will be revised to show portions 

of the rivers designated as WSR segments, the management described in Chapter 2 and analysis in 

Chapter 4 is not affected because Chapter 2 includes identical management for suitable and designated 

WSRs. The new WSR designations will not change the analyses contained in Chapter 4 as those river 

segments designated WSRs by OPLMA were all previously identified as suitable WSRs. 

Implications from Transportation Management 

OPLMA’s transportation designations represent an important change to the description of the No Action 

Alternative, but not to any of the action alternatives. Table 2 displays the travel designations identified in 

the Jarbidge Draft RMP/EIS for the No Action Alternative for the Owyhee County portion of the planning 

area and how those acres would change under OPLMA. 

Table 2. Travel Designations in Owyhee County under the No Action Alternative and OPLMA 

Travel Designation No Action Alternative OPLMA 

Open to Cross-Country Motorized Vehicle Use 719,160 0 

Limited to Designated Routes 113,270 864,460 

Limited to Inventoried Ways 70,170 0 

Closed to Motorized Vehicle Use 22,180 60,320 

OPLMA changes all open areas to limited to designated routes, with a limited to existing routes 

designation in effect until a transportation plan is completed. The 32,080 acres released from WSA 

management are no longer limited to inventoried ways and, instead, are limited to designated routes 

under OPLMA, with a limited to existing routes designation in effect until a transportation plan is 

completed. Any acres within the Bruneau-Jarbidge Rivers Wilderness are closed to motorized and 

mechanized vehicle use under OPLMA. 

The needed changes to the No Action Alternative in Chapter 2 would also affect sections of Chapter 4 in 

which impacts from transportation and travel are analyzed. In general, impacts due to transportation and 

August 2010 E-6 
Jarbidge Draft RMP/EIS Errata Sheet 

travel management under the No Action Alternative would be more similar to impacts under the action 

alternatives than they were prior to passage of the Act as the management would be more similar. Due to 

the major reduction in acres open to cross-country motorized vehicle use under OPLMA, impacts from 

transportation and travel management under the No Action Alternative to resources such as upland 

vegetation and wildlife would generally decrease; impacts to resource uses would generally increase due 

to the potential for decreased levels of motorized access. 

In contrast, none of the action alternatives contain any areas open to cross-country motorized vehicle use 

within the Owyhee County portion of the planning area. The needed changes in the limited to inventoried 

ways and closed designations in Alternatives I, II, III, and IV are the same as described for the No Action 

Alternative. In Alternative V, the 32,080 acres released from WSA management would no longer be 

closed and instead would be limited to designated routes, with a limited to existing routes designation in 

effect until a transportation plan is completed. Impacts from transportation and travel management under 

the action alternatives to resources or resource uses are not expected to differ substantially from those 

already portrayed in Chapter 4. 

Record of Decision and Resource Management Plan 

Amendments for Geothermal Leasing in the Western United 

States 

This Record of Decision (ROD; referred to as the “Geothermal Leasing ROD”) was signed in December 

2008. This document contains plan amendments evaluated in the Final Programmatic Environmental 

Impact Statement for Geothermal Leasing in the Western United States (BLM, 2008). These amendments 

and the accompanying Programmatic Environmental Impact Statement (PEIS) were prepared in response 

to Section 225 of the Energy Policy Act of 2005. This decision amends the 1987 Jarbidge RMP by: 

 Identifying public lands that are administratively and legally closed or open to leasing, and 

 Adopting a comprehensive list of stipulations, best management practices (BMPs), and procedures to 

serve as consistent guidance for future geothermal leasing and development on public lands. 

Provisions of the ROD Relevant to the Jarbidge Draft RMP/EIS 

Allocations for Geothermal Leasing 

The plan amendments make the following geothermal leasing allocation decisions for the Jarbidge Field 

Office (FO): 

 Allocate 1,565,165 acres as open for geothermal leasing subject to existing laws, regulations, formal 

orders, stipulations attached to the lease form, and the terms and conditions of the standard lease 

form. 

	 Allocate 131,547 acres as closed for geothermal leasing, including WSAs, the Oregon National 

Historic Trail (NHT), designated Wild Rivers under the Wild and Scenic River Act (WSRA), and areas 

previously closed to mineral leasing in the 1987 Jarbidge RMP. 

Stipulations for Geothermal Leasing 

The plan amendments adopt the stipulations for geothermal leasing listed below. These stipulations were 

developed to address a wide variety of landscapes, climates, and ecosystems; where the BLM 

determines particular stipulations may be inappropriate for a planning area, the procedures for waivers, 

exception, and modifications would be followed as discussed in the Final PEIS (BLM, 2008). The 

authorized officer retains the discretion to issue stipulations in order to mitigate the impacts on other land 

uses or resource objectives as defined in the 1987 Jarbidge RMP. If an existing land use plan offers more 

protective measures or has resource-specific commitments, those more protective measures would apply 

instead. 

No Surface Occupancy Stipulations 

Areas with No Surface Occupancy (NSO) stipulations include: 

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Errata Sheet	 Jarbidge RMP/EIS 

	 Bruneau-Jarbidge, Sand Point, and Salmon Falls Creek Areas of Critical Environmental Concern 

(ACECs); 

	 Designated or proposed critical habitat for listed species under the Endangered Species Act of 1973 

(ESA) if geothermal leasing would adversely modify the habitat; for listed or proposed species without 

designated habitat, NSO would be implemented to the extent necessary to avoid jeopardy; 

	 Within the boundary of properties designated or eligible for the National Register of Historic Places, 

including National Landmarks and National Register Districts and Sites, and additional lands outside 

the designated boundaries to the extent necessary to protect values where the setting and integrity is 

critical to their designation or eligibility; 

	 Areas with important cultural and archaeological resources, such as traditional cultural properties 

(TCPs) and Native American sacred sites, as identified through consultation; 

 Water bodies, riparian areas, wetlands, playas, and 100-year floodplains; 

 Developed recreational facilities, special-use permit recreation sites (e.g., ski resorts and camps), and 

areas with significant recreational use with which geothermal development is deemed incompatible, 

excluding direct use applications; 

 Designated National Scenic and Recreational Rivers under the WSRA; 

 Segments of rivers determined to be potentially eligible for WSR status by virtue of a WSR inventory, 

including a corridor of 0.25 mile from the high water mark on either side of the bank; 

 Designated important viewsheds, including public lands designated as Visual Resource Management 

(VRM) Class I; and 

 Slopes in excess of 40% and/or soils with high erosion potential. 

Additional NSO stipulations could be applied in conformance with the 1987 Jarbidge RMP to address sitespecific resource concerns. 

Timing Limitations and Controlled Surface Use Stipulations 

Where standard lease terms and permit-level decisions are deemed insufficient to protect sensitive 

resources, but where an NSO stipulation is deemed overly restrictive, the BLM would apply seasonal or 

time-limited stipulations or controlled surface use stipulations to leases. In general, timing limitations are 

used to protect resources sensitive to disturbance during certain periods. Such stipulations are generally 

applicable to specific areas, seasons, and resources. They are commonly applied to wildlife activities and 

habitat, such as winter range for deer, elk, and moose; nesting habitat for raptors and migratory birds; 

and breeding areas. Buffer zones are also used to further mitigate impacts from any human activities. The 

size of buffers can also be specific to species and location, and can change based on findings of science 

or movement of species. Therefore, timing limitations would be applied by the authorizing officer as 

appropriate for the specific lease areas and in compliance with the FO’s RMP. The BLM would consult 

with the appropriate agencies (e.g., State wildlife agencies) in establishing the periods and extent of area 

for timing limitations. 

A controlled surface use stipulation allows the BLM to require that any future activity or development be 

modified or relocated from the proposed location if necessary to achieve resource protection. The project 

applicant will be required to submit a plan to meet the resource management objectives through special 

design, construction, operation, mitigation, or reclamation measures, and/or relocation. Unless the plan is 

approved, surface occupancy would not be allowed on the lease. The following controlled surface use 

stipulations would be applied by the authorizing officer as appropriate for the specific area and site 

conditions. 

 Protection of riparian and wetland habitat – This stipulation would be applied within 500 feet of 

riparian or wetland vegetation to protect the values and functions of these areas. Measures required 

will be based on the nature, extent, and value of the area potentially affected. 

	 Protection of visual resources – This stipulation would be applied to VRM Class II areas (VRM 

Class III management objectives would be met through conditions of approval applied during the 

permit approval process, and may be referenced in a lease notice) and other sensitive viewsheds 

such as within the visual setting of National Scenic and Historic Trails or near residential areas. 

August 2010	 E-8 
 

Jarbidge Draft RMP/EIS Errata Sheet 

	 Protection of recreational areas – This stipulation would be applied to minimize the potential for 

adverse impacts to recreational values, both motorized and non-motorized, and the natural settings 

associated with the recreational activity. 

	 Compatibility with urban interface – This stipulation would be applied to minimize the potential for 

adverse impacts to residential areas, schools, or other adjacent urban land uses. 

	 Protection of erosive soils and soils on slopes greater than 30% – This stipulation would be 

applied to minimize the potential for adverse impacts to erosive soils as defined as severe or very 

severe erosion classes based on Natural Resources Conservation Service (NRCS) mapping. 

	 Protection of important habitat and migration corridors – This stipulation would be applied to 

protect the continuity of migration corridors and important habitat. 

Other Lease Stipulations 

Protection of Geothermal Features 

Under the following situations, the BLM would apply stipulations to protect the integrity of geothermal 

resource features, such as springs and geysers. If it is determined that geothermal operations are 

reasonably likely to result in a significant adverse effect to such a feature, then BLM would decline to 

issue the lease. 

 The BLM would include stipulations to protect any significant thermal features of a National Park 

System unit that could be adversely affected by geothermal development. These stipulations will be 

added, if necessary, when the lease or permit is issued, extended, renewed, or modified (43 CFR 

3201.10[b]). 

	 Any leases that contain thermal features (e.g., springs or surface expressions) would have a 

stipulation requiring monitoring of the thermal features during any exploration, development, and 

production of the lease to ensure that there are no impacts to water quality or quantity. 

ESA Stipulation 

In accordance with BLM Instruction Memorandum No. 2002-174, Oil and Gas Leasing Stipulations, the 

BLM will apply the following stipulation on any leases where Threatened, Endangered, or other special 

status species or critical habitat is known or strongly suspected: 

“The lease area may now or hereafter contain plants, animals, or their habitats determined to be 

Threatened, Endangered, or other special status species. BLM may recommend modifications to 

exploration and development proposals to further its conservation and management objective to 

avoid BLM-approved activity that will contribute to a need to list such a species or their habitat. 

BLM may require modifications to or disapprove proposed activity that is likely to result in 

jeopardy to the continued existence of a proposed or listed threatened or endangered species or 

result in the destruction or adverse modification of a designated or proposed critical habitat. BLM 

will not approve any ground-disturbing activity that may affect any such species or critical habitat 

until it completes its obligations under applicable requirements of the Endangered Species Act as 

amended, 16 USC 1531 et seq., including completion of any required procedure for conference or 

consultation.” 

Additionally, the BLM will provide a separate notification through a lease notice to prospective lessees 

identifying the particular special status species that are present on the lease parcel offered. 

Sensitive Species Stipulation 

For agency-designated sensitive species (e.g., sage-grouse), a lease stipulation (NSO, controlled surface 

use, or timing limitations) would be imposed for those portions of high value, key, or crucial species 

habitat where other existing measures are inadequate to meet agency management objectives. 

Cultural Resources Stipulation 

In accordance with BLM Instruction Memorandum No. 2005-003, Cultural Resources and Tribal 

Consultation for Fluid Minerals Leasing, the BLM will apply the following stipulation to protect cultural 

resources: 

“This lease may be found to contain historic properties and/or resources protected under the 

National Historic Preservation Act (NHPA), American Indian Religious Freedom Act, Native 

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Errata Sheet	 Jarbidge RMP/EIS 

American Graves Protection and Repatriation Act, Executive Order 13007, or other statutes and 

executive orders. The BLM will not approve any ground-disturbing activities that may affect any 

such properties or resources until it completes its obligations under applicable requirements of 

the NHPA and other authorities. The BLM may require modification to exploration or development 

proposals to protect such properties, or disapprove any activity that is likely to result in adverse 

effects that cannot be successfully avoided, minimized or mitigated.” 

BMPs for Geothermal Leasing 

The plan amendments contain BMPs that could be applied to subsequent applications for geothermal 

exploration, drilling, utilization, and reclamation to aid in achieving desired outcomes for safe, 

environmentally responsible resource development, by preventing, minimizing, or mitigating adverse 

impacts and reducing conflicts. Appendix B of the ROD, which can be viewed on the Internet at 

http://www.blm.gov/geothermal_eis, provides a list of recommended BMPs that would be incorporated as 

appropriate into the permit application by the lessee or would be included in the approved use 

authorization by the BLM as conditions of approval. The BMPs contained in Appendix B of the ROD 

provide a menu of improved practices for developing geothermal energy and minimize impacts to the 

biophysical and cultural landscape. The list is extensive but is not meant to be all inclusive given the 

constant development of improved practices, diversity of the western States, and potential for unique sitespecific conditions. Not all of the individual mitigation measures will apply in most situations, and selection 

of appropriate BMPs and mitigation measures should be dependent on factors such as the project size, 

location, site specific characteristics, and potential resource impacts. 

Management Procedures for Geothermal Leasing 

To ensure compliance with regulations and Federal laws, the plan amendments contain procedures to be 

implemented prior to any lands being included in a competitive lease sale. Stipulations listed above would 

also be used to help achieve resource protection in accordance with laws and regulations and the guiding 

land use plan. A summary of these management procedures is listed below; the full text of the 

management procedures in the ROD can be viewed on the Internet at 

http://www.blm.gov/geothermal_eis. 

 The authorized officer of the BLM would consult with the appropriate Native American tribal 

governments to identify tribal interests and traditional cultural resources or properties that may be 

affected by the Federal land leases and potential for geothermal energy development. 

	 The authorized officer of the BLM would consult with the appropriate Native American Tribes and 

State Historic Preservation Officers (SHPOs) regarding historic and cultural resources per NHPA 

Section 106. 

	 The authorized officer of the BLM would determine if any listed or proposed Threatened or 

Endangered species or critical habitat is present on nominated lease parcels. If so, the authorized 

officer would comply with ESA Section 7. 

	 The authorized officer of the BLM would review the lands for any other sensitive resources (e.g., 

paleontological or BLM sensitive status species) and provide for the necessary stipulations to protect 

these resources and ensure compliance with the land use plan. 

	 Prior to making a leasing decision on lands in proximity to a National Park System unit, the BLM 

would coordinate with the National Park Service to determine if there would be any impacts to thermal 

or hydrological features within the unit. 

	 Prior to making leasing decisions, the BLM will assess the adequacy of existing National 

Environmental Policy Act of 1696 (NEPA) documentation and ensure that the proposed action is in 

conformance with the approved land use plan (i.e., through completion of a Documentation of Land 

Use Plan Conformance and NEPA Adequacy, or DNA) to determine if there is new information or new 

circumstances that warrant further analysis. 

	 The level of environmental analysis to be required under NEPA for subsequent individual exploration, 

development, and production permits will be determined at the FO level. 

	 The authorized officer of the BLM would collaborate with appropriate State agencies, especially in the 

case of geothermal energy, as the states manage and typically have regulatory authority for water 

quality, water rights, and wildlife. 

August 2010	 E-10 
Jarbidge Draft RMP/EIS Errata Sheet 

	 Applicants for geothermal development and production on public lands will develop a project-specific 

operations plan that incorporates the applicable mitigation and best management practices provided 

in ROD Appendix B and, as appropriate, the requirements of other existing and relevant BLM 

mitigation guidance. 

Implications for the Jarbidge Draft RMP/EIS 

When the Geothermal Leasing ROD was signed in December 2008, the ID Team was well into the 

process of conducting the impact analysis for the Jarbidge Draft RMP/EIS. The ID Team determined the 

workload associated with incorporating the decisions in this ROD into the Jarbidge Draft RMP/EIS would 

delay publication of the Jarbidge Draft RMP/EIS. Due to the timeline specified in the SSA (Appendix A), 

BLM decided to publish the Jarbidge Draft RMP/EIS without full incorporation of the decisions in this ROD 

and incorporate them before publication of the Proposed RMP/Final EIS. 

Impacts of the decisions contained in the Geothermal Leasing ROD were analyzed in the Final 

Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States 

(BLM, 2008). As stated in the PEIS, the stipulations, BMPs, and procedures would be adopted to avoid, 

minimize and mitigate impacts associated with geothermal leasing, exploration, drilling, utilization, and 

reclamation and abandonment. 

The implications of the decisions in the Geothermal Leasing ROD for the Jarbidge Draft RMP/EIS are 

described in more detail below. 

Implications for the No Action Alternative 

Some of the decisions in the Geothermal Leasing ROD were already included and analyzed in the No 

Action Alternative in the Jarbidge Draft RMP/EIS; those portions of the No Action Alternative would not be 

modified in the Proposed RMP/Final EIS. Modifications to the No Action Alternative necessary for 

consistency with the Geothermal Leasing ROD will be incorporated into the Proposed RMP/Final EIS and 

include the following: 

 Allocate WSAs, the Oregon NHT, and designated Wild Rivers as closed to geothermal leasing; 

 Include designated or proposed critical habitat; developed recreational facilities and areas with 

significant recreational use with which geothermal development is deemed incompatible; designated 

Scenic or Recreational Rivers; eligible WSRs; areas allocated as VRM Class I; slopes in excess of 

40%; and soils with high erosion potential as open to geothermal leasing with NSO; 

	 Include controlled surface use stipulations for protection of visual resources, protection of recreational 

areas, compatibility with urban interface, protection of erosive soils and soils on slopes greater than 

30%, and protection of important habitat and migration corridors; and 

	 Include the other lease stipulations included in the Geothermal Leasing ROD (i.e., the Protection of 

Geothermal Features, ESA, Sensitive Species, and Cultural Resource Stipulations), the BMPs for 

geothermal leasing, or the management procedures for geothermal leasing. 

Implications for the Action Alternatives 

Most of the decisions in the Geothermal Leasing ROD were already included and analyzed in some or all 

of the action alternatives in the Jarbidge Draft RMP/EIS. Thus, the mineral leasing allocations and other 

related management in Alternatives I through V as described in the Draft RMP/EIS would not be modified 

as a result of the Geothermal Leasing ROD, except as described below. 

The action alternatives in the Jarbidge Draft RMP/EIS do not include the Protection of Geothermal 

Resources Stipulation, the Sensitive Species Stipulation, and the BMPs and management procedures for 

geothermal leasing. These stipulations, BMPs, and procedures would be incorporated into all action 

alternatives in the Proposed RMP/Final EIS. 

E-11 August 2010 
 

Errata Sheet Jarbidge RMP/EIS 

Approved Resource Management Plan Amendments/Record of 

Decision (ROD) for Designation of Energy Corridors on Bureau of 

Land Management-Administered Lands in the 11 Western States

This ROD (referred to as the “Energy Corridor ROD”) was signed in January 2009. This document 

contains plan amendments evaluated in the Final Programmatic Environmental Impact Statement, 

Designation of Energy Corridors on Federal Land in the 11 Western States (DOE & DOI, 2008). These 

amendments and the accompanying PEIS were prepared in response to Section 368 of the Energy Policy 

Act of 2005. The decision amends the 1987 Jarbidge RMP by: 

 Identifying specific Section 368 energy corridors by centerline, width, and compatible energy uses 

and restrictions; and 

 Adopting mandatory interagency operating procedures (IOPs) that would be implemented on a 

corridor- and project-specific basis. 

Provisions of the ROD Relevant to the Jarbidge Draft RMP/EIS 

Section 368 Energy Corridors 

The plan amendments designated four Section 368 energy corridors in the Jarbidge FO: 29-36, 36-112, 

36-226, and 36-228. All are 3,500 feet wide and are for compatible multimodal uses (e.g., oil, gas, or 

hydrogen pipelines or electrical transmission or distribution facilities). 

Interagency Operating Procedures (IOPs) 

The plan amendments included the adoption of mandatory IOPs that would be implemented for projects 

proposed within the Section 368 corridors on a corridor- and project-specific basis. These IOPs are 

practicable means to avoid or minimize environmental harm from future project development that may 

occur within the designated corridors. The IOPs are not intended and should not be construed to alter 

applicable provisions of law or regulation or to reduce the protections afforded thereby to the resources 

addressed in the IOPs. The IOPs can be found in Appendix B of the Energy Corridor ROD, which can be 

viewed on the Internet at http://corridoreis.anl.gov. 

Implications for the Jarbidge Draft RMP/EIS 

When the Energy Corridor ROD was signed in January 2009, the ID Team was well into the process of 

conducting the impact analysis for the Jarbidge Draft RMP/EIS. The ID Team determined the workload 

associated with incorporating the decisions in this ROD into the Jarbidge Draft RMP/EIS would delay 

publication of the Jarbidge Draft RMP/EIS. Due to the timeline specified in the SSA (Appendix A), BLM 

decided to publish the Jarbidge Draft RMP/EIS without full incorporation of the decisions in this ROD and 

incorporate them before publication of the Proposed RMP/Final EIS. 

Impacts of the decisions contained in the Energy Corridor ROD were analyzed in the Final Programmatic 

Environmental Impact Statement, Designation of Energy Corridors on Federal Land in the 11 Western 

States (DOE & DOI, 2008). As stated in the PEIS, consolidation of right-of-way (ROW) development is 

expected to help reduce the proliferation of separate ROWs across the landscape. IOPs are anticipated 

to foster long-term, systematic planning for energy transport development in the West, provide industry 

with a coordinated and consistent interagency permitting process, and provide practicable measures to 

avoid or minimize environmental harm from future development within the corridors. In addition, impacts 

of adopting the IOPs on land use authorizations were analyzed in the Jarbidge Draft RMP/EIS; as stated 

in the Land Use Authorizations section of Chapter 4, the IOPs decrease the amount of constraint on land 

use authorizations within the ROW corridors by specifying standardized procedures and identifying 

requirements up front. 

The implications of the decisions in the Energy Corridor ROD for the Jarbidge Draft RMP/EIS are 

described in more detail below. 

August 2010 E-12 
 

 

 

Jarbidge Draft RMP/EIS Errata Sheet 

Implications for the No Action Alternative 

The No Action Alternative in the Draft RMP/EIS does not include the Section 368 energy corridors or the 

IOPs; therefore, the No Action Alternative in the Proposed RMP/Final EIS would be updated to reflect 

these amendments to the 1987 Jarbidge RMP. 

Implications for the Action Alternatives 

The Energy Corridor ROD states that plans currently undergoing revisions for reasons unrelated to 

Section 368, but not scheduled for completion until after the ROD is signed, will incorporate the corridor 

designations into their ongoing plan revisions upon signature of the ROD. This provision applies to the 

revision of the 1987 Jarbidge RMP described in the Jarbidge Draft RMP/EIS. 

All four Section 368 energy corridors identified in the Jarbidge FO correspond to energy corridors that 

would be designated under the action alternatives in the Draft RMP/EIS; the locations of these corridors 

are depicted in Map 77 in Volume 3 of the Draft RMP/EIS. In the Draft RMP/EIS, Alternatives I, II, III, and 

IV would designate energy corridors corresponding to all four Section 368 energy corridors (Table 3), with 

a one-mile width instead of 3,500 feet; no modification to these alternatives in the Proposed RMP/Final 

EIS is necessary. 

Alternative V in the Draft RMP/EIS would designate energy corridors corresponding to only three of the 

four Section 368 energy corridors (Table 3); therefore, Alternative V in the Proposed RMP/Final EIS 

would be modified to include the Section 368 energy corridor 36-228 (corresponding to the Saylor Creek 

corridor) at the 3,500-foot width prescribed in the plan amendments. 

Table 3. Section 368 Energy Corridors in the Jarbidge Field Office and Corresponding Corridor Identified in 

the Jarbidge Draft RMP/EIS. 

Section 368 

Energy Corridor 

Corresponding Jarbidge Draft RMP/EIS 

Corridor 

Jarbidge Draft RMP/EIS Alternatives in 

which Corresponding Corridor would be 

Designated 

29-36 Pilgrim Gulch I, II, III, IV, V 

36-112 Shoestring I, II, III, IV, V 

36-226 Balanced Rock I, II, III, IV, V 

36-228 Saylor Creek I, II, III, IV 

None of the action alternatives in the Draft RMP/EIS include the IOPs; therefore, the IOPs would also be 

incorporated into all action alternatives in the Proposed RMP/Final EIS. 

Works Cited 

BLM. (2008). Final Programmatic Environmental Impact Statement for Geothermal Leasing in the 

Western United States. Washington, D.C.: USDI, Bureau of Land Management and USDA, 

Forest Service. 

DOE, & DOI. (2008). Final Programmatic Environmental Impact Statement, Designation of Energy 

Corridors on Federal Land in the 11 Western States (No. DOE/EIS-0386). Washington, D.C.: 

DOE and USDI, Bureau of Land Management. 

E-13 August 2010 

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123 STAT. 1032 PUBLIC LAW 111–11—MAR. 30, 2009 


States, an Indian tribe, a State, or a private individual, partnership, or corporation. 

Subtitle F—Owyhee Public Land 


Management 


Idaho. 

SEC. 1501. DEFINITIONS. 

In this subtitle: 

(1) ACCOUNT.—The term ‘‘account’’ means the Owyhee Land 

Acquisition Account established by section 1505(b)(1). 

(2) COUNTY.—The term ‘‘County’’ means Owyhee County, 

Idaho. 

(3) OWYHEE FRONT.—The term ‘‘Owyhee Front’’ means the 

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. 

(4) PLAN.—The term ‘‘plan’’ means a travel management 

plan for motorized and mechanized off-highway vehicle recreation prepared under section 1507. 

(5) PUBLIC LAND.—The term ‘‘public land’’ has the meaning 

given the term in section 103(e) of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1702(e)). 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(7) STATE.—The term ‘‘State’’ means the State of Idaho. 

(8) TRIBES.—The term ‘‘Tribes’’ means the Shoshone Paiute 

Tribes of the Duck Valley Reservation. 

SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER. 

(a) ESTABLISHMENT.—The Secretary, in coordination with the 

Tribes, State, and County, and in consultation with the University 

of Idaho, Federal grazing permittees, and public, shall establish 

the Owyhee Science Review and Conservation Center in the County 

to conduct research projects to address natural resources management issues affecting public and private rangeland in the County. 

(b) PURPOSE.—The purpose of the center established under 

subsection (a) shall be to facilitate the collection and analysis of 

information to provide Federal and State agencies, the Tribes, the 

County, private landowners, and the public with information on 

improved rangeland management. 

SEC. 1503. WILDERNESS AREAS. 

16 USC 1132 

note. 

(a) WILDERNESS AREAS DESIGNATION.— 

(1) IN GENERAL.—In accordance with the Wilderness Act 

(16 U.S.C. 1131 et seq.), the following areas in the State are 

designated as wilderness areas and as components of the 

National Wilderness Preservation System: 

(A) BIG JACKS CREEK WILDERNESS.—Certain land comprising approximately 52,826 acres, as generally depicted 

on the map entitled ‘‘Little Jacks Creek and Big Jacks 

Creek Wilderness’’ and dated May 5, 2008, which shall 

be known as the ‘‘Big Jacks Creek Wilderness’’. 

(B) BRUNEAU-JARBIDGE RIVERS WILDERNESS.—Certain 

land comprising approximately 89,996 acres, as generally 

depicted on the map entitled ‘‘Bruneau-Jarbidge Rivers 

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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1033 

Wilderness’’ and dated December 15, 2008, which shall 


be known as the ‘‘Bruneau-Jarbidge Rivers Wilderness’’. 


(C) LITTLE JACKS CREEK WILDERNESS.—Certain land 


comprising approximately 50,929 acres, as generally 


depicted on the map entitled ‘‘Little Jacks Creek and Big 


Jacks Creek Wilderness’’ and dated May 5, 2008, which 


shall be known as the ‘‘Little Jacks Creek Wilderness’’. 


(D) NORTH FORK OWYHEE WILDERNESS.—Certain land 


comprising approximately 43,413 acres, as generally 


depicted on the map entitled ‘‘North Fork Owyhee and 


Pole Creek Wilderness’’ and dated May 5, 2008, which 


shall be known as the ‘‘North Fork Owyhee Wilderness’’. 


(E) OWYHEE RIVER WILDERNESS.—Certain land comprising approximately 267,328 acres, as generally depicted 


on the map entitled ‘‘Owyhee River Wilderness’’ and dated 


May 5, 2008, which shall be known as the ‘‘Owyhee River 


Wilderness’’. 


(F) POLE CREEK WILDERNESS.—Certain land comprising 


approximately 12,533 acres, as generally depicted on the 


map entitled ‘‘North Fork Owyhee and Pole Creek Wilderness’’ and dated May 5, 2008, which shall be known as 


the ‘‘Pole Creek Wilderness’’. 


(2) MAPS AND LEGAL DESCRIPTIONS.— 

(A) 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 Natural Resources of the 


House of Representatives a map and legal description for 


each area designated as wilderness by this subtitle. 


(B) EFFECT.—Each map and legal description submitted under subparagraph (A) shall have the same force 


and effect as if included in this subtitle, except that the 


Secretary may correct minor errors in the map or legal 


description. 


(C) AVAILABILITY.—Each map and legal description 


submitted under subparagraph (A) shall be available in 


the appropriate offices of the Bureau of Land Management. 


(3) RELEASE OF WILDERNESS STUDY AREAS.— 

(A) IN GENERAL.—Congress finds that, for the purposes 


of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land in 


the County administered by the Bureau of Land Management has been adequately studied for wilderness designation. 


(B) RELEASE.—Any public land referred to in subparagraph (A) that is not designated as wilderness by this 


subtitle— 


(i) 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 

(ii) shall be managed in accordance with the 

applicable land use plan adopted under section 202 

of that Act (43 U.S.C. 1712). 

(b) ADMINISTRATION.— 

(1) IN GENERAL.—Subject to valid existing rights, each area 

designated as wilderness by this subtitle shall be administered 

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123 STAT. 1034 
 PUBLIC LAW 111–11—MAR. 30, 2009 

by the Secretary in accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), except that— 

(A) 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 

(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. 

(2) WITHDRAWAL.—Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn 

from all forms of— 

(A) entry, appropriation, or disposal under the public 

land laws; 

(B) location, entry, and patent under the mining laws; 

and 

(C) disposition under the mineral leasing, mineral 

materials, and geothermal leasing laws. 

(3) LIVESTOCK.— 

(A) IN GENERAL.—In the wilderness areas designated 

by this subtitle, 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. 

Deadline. (B) INVENTORY.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall conduct an 

inventory of existing facilities and improvements associated 

with grazing activities in the wilderness areas and wild 

and scenic rivers designated by this subtitle. 

(C) FENCING.—The Secretary may construct and maintain fencing around wilderness areas designated by this 

subtitle as the Secretary determines to be appropriate to 

enhance wilderness values. 

(D) DONATION OF GRAZING PERMITS OR LEASES.— 

(i) ACCEPTANCE BY SECRETARY.—The Secretary 

shall accept the donation of any valid existing permits 

or leases authorizing grazing on public land, all or 

a portion of which is within the wilderness areas designated by this subtitle. 

(ii) TERMINATION.—With respect to each permit 

or lease donated under clause (i), the Secretary shall— 

(I) terminate the grazing permit or lease; and 

(II) except as provided in clause (iii), ensure 

a permanent end to grazing on the land covered 

by the permit or lease. 

(iii) COMMON ALLOTMENTS.— 

(I) IN GENERAL.—If the land covered by a 

permit or lease donated under clause (i) is also 

covered by another valid existing permit or lease 

that is not donated under clause (i), the Secretary 

shall reduce the authorized grazing level on the 

land covered by the permit or lease to reflect the 

donation of the permit or lease under clause (i). 

(II) AUTHORIZED LEVEL.—To ensure that there 

is a permanent reduction in the level of grazing 

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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1035 

on the land covered by a permit or lease donated 

under clause (i), the Secretary shall not allow 

grazing use to exceed the authorized level established under subclause (I). 

(iv) PARTIAL DONATION.— (I) IN GENERAL.—If a person holding a valid 

grazing permit or lease donates less than the full 

amount of grazing use authorized under the permit 

or lease, the Secretary shall— 

(aa) reduce the authorized grazing level 

to reflect the donation; and 

(bb) modify the permit or lease to reflect 

the revised level of use. 

(II) AUTHORIZED LEVEL.—To ensure that there 

is a permanent reduction in the authorized level 

of grazing on the land covered by a permit or 

lease donated under subclause (I), the Secretary 

shall not allow grazing use to exceed the authorized level established under that subclause. 

(4) ACQUISITION OF LAND AND INTERESTS IN LAND.— 

(A) IN GENERAL.—Consistent with applicable law, the 


Secretary may acquire land or interests in land within 


the boundaries of the wilderness areas designated by this 


subtitle by purchase, donation, or exchange. 


(B) INCORPORATION OF ACQUIRED LAND.—Any land or 


interest in land in, or adjoining the boundary of, a wilderness area designated by this subtitle that is acquired by 


the United States shall be added to, and administered 


as part of, the wilderness area in which the acquired land 


or interest in land is located. 


(5) TRAIL PLAN.— 

(A) IN GENERAL.—The Secretary, after providing 


opportunities for public comment, shall establish a trail 


plan that addresses hiking and equestrian trails on the 


land designated as wilderness by this subtitle, in a manner 


consistent with the Wilderness Act (16 U.S.C. 1131 et 


seq.). 


(B) REPORT.—Not later than 2 years after the date 


of enactment of this Act, the Secretary shall submit to 


Congress a report that describes the implementation of 


the trail plan. 


(6) OUTFITTING AND GUIDE ACTIVITIES.—Consistent with 

section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), 

commercial services (including authorized outfitting and guide 

activities) are authorized in wilderness areas designated by 

this subtitle to the extent necessary for activities that fulfill 

the recreational or other wilderness purposes of the areas. 

(7) ACCESS TO PRIVATE PROPERTY.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the 

boundary of a wilderness area designated by this subtitle adequate access to the property. 

(8) FISH AND WILDLIFE.— 

(A) IN GENERAL.—Nothing in this subtitle affects the 


jurisdiction of the State with respect to fish and wildlife 


on public land in the State. 


(B) MANAGEMENT ACTIVITIES.— 

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123 STAT. 1036 
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(i) IN GENERAL.—In furtherance of the purposes 

and principles of the Wilderness Act (16 U.S.C. 1131 

et seq.), the Secretary may conduct any management 

activities that are necessary to maintain or restore 

fish and wildlife populations and habitats in the wilderness areas designated by this subtitle, 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. 

(ii) INCLUSIONS.—Management activities under 

clause (i) 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 those tasks. 

(C) 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 use aircraft (including helicopters) in the wilderness areas designated by this subtitle to survey, capture, 

transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, feral 

horses, and feral burros. 

(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 

1133(d)(1)), the Secretary may take any measures that the 

Secretary determines to be necessary to control fire, insects, 

and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or 

local agency. 

(10) ADJACENT MANAGEMENT.— 

(A) IN GENERAL.—The designation of a wilderness area 

by this subtitle shall not create any protective perimeter 

or buffer zone around the wilderness area. 

(B) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness activities or uses can be seen or heard from 

areas within a wilderness area designated by this subtitle 

shall not preclude the conduct of those activities or uses 

outside the boundary of the wilderness area. 

(11) MILITARY OVERFLIGHTS.—Nothing in this subtitle 

restricts or precludes— 

(A) low-level overflights of military aircraft over the 

areas designated as wilderness by this subtitle, including 

military overflights that can be seen or heard within the 

wilderness areas; 

(B) flight testing and evaluation; or 

(C) the designation or creation of new units of special 

use airspace, or the establishment of military flight training 

routes, over the wilderness areas. 

(12) WATER RIGHTS.— (A) IN GENERAL.—The designation of areas as wilderness by subsection (a) shall not create an express or implied 

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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1037 

reservation by the United States of any water or water 

rights for wilderness purposes with respect to such areas. 

(B) EXCLUSIONS.—This paragraph does not apply to 

any components of the National Wild and Scenic Rivers 

System designated by section 1504. 

SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS. 

(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is 

amended by adding at the end the following: 

‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 miles of Battle 


Creek 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. 


‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 miles of Big 


Jacks Creek 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, to be administered by the Secretary of the 


Interior as a wild river. 


‘‘(182) 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, to be administered by the Secretary of 

the Interior as a wild river. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 

the 0.6-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. 

‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.—The approximately 0.35 miles of the West Fork of the Bruneau River 


from the confluence with the Jarbidge River to the downstream 


boundary of the Bruneau Canyon Grazing Allotment in the 


SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be 


administered by the Secretary of the Interior as a wild river. 


‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 miles of 


Cottonwood Creek 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. 


‘‘(185) DEEP CREEK, IDAHO.—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, to be administered 


by the Secretary of the Interior as a wild river. 


‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 miles of 


Dickshooter Creek from the confluence with Deep Creek to 


a point on the stream 1⁄4 mile due west of the east boundary 


of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered 


by the Secretary of the Interior as a wild river. 


‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile segment of 


Duncan Creek from the confluence with Big Jacks Creek 


upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., 


Boise Meridian, to be administered by the Secretary of the 


Interior as a wild river. 


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‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 miles of the 

Jarbidge River 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. 

‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 miles of Little 

Jacks Creek from the downstream boundary of the Little Jacks 

Creek Wilderness, upstream to the mouth of OX Prong Creek, 

to be administered by the Secretary of the Interior as a wild 

river. 

‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.—The following 

segments of the North Fork of the Owyhee River, to be administered by the Secretary of the Interior: 

‘‘(A) The 5.7-mile segment from the Idaho-Oregon State 

border to the upstream boundary of the private land at 

the Juniper Mt. Road crossing, as a recreational river. 

‘‘(B) The 15.1-mile segment from the upstream 

boundary of the North Fork Owyhee River recreational 

segment designated in paragraph (A) to the upstream 

boundary of the North Fork Owyhee River Wilderness, 

as a wild river. 

‘‘(191) OWYHEE RIVER, IDAHO.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

67.3 miles of the Owyhee River 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. 

‘‘(B) ACCESS.—The Secretary of the Interior shall allow 

for continued access across the Owyhee River at Crutchers 

Crossing, subject to such terms and conditions as the Secretary of the Interior determines to be necessary. 

‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of Red Canyon 

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. 

‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles of Sheep 

Creek 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. 

‘‘(194) SOUTH FORK 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 upstream from the confluence with the Owyhee River 

to the upstream boundary of the Owyhee River Wilderness 

at the Idaho–Nevada State border, to 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 from the point at which the river enters the southernmost boundary to the point at which the river exits the 

northernmost boundary of private land in sec. 25 and 26, 

T. 14 S., R. 5 W., Boise Meridian, shall be administered 

by the Secretary of the Interior as a recreational river. 

‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 miles of 

Wickahoney Creek from the confluence of Big Jacks Creek 

to the upstream boundary of the Big Jacks Creek Wilderness, 

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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1039 


to be administered by the Secretary of the Interior as a wild 

river.’’. 

(b) BOUNDARIES.—Notwithstanding section 3(b) of the Wild and 

Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river 

segment designated as a component of the National Wild and Scenic 

Rivers System under this subtitle shall extend not more than the 

shorter of— 

16 USC 1274 

note. 

(1) an average distance of 1⁄4 mile from the high water 

mark on both sides of the river segment; or 

(2) the distance to the nearest confined canyon rim. 

(c) LAND ACQUISITION.—The Secretary shall not acquire any 

private land within the exterior boundary of a wild and scenic 

river corridor without the consent of the owner. 

16 USC 1274 

note. 

SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. 

(a) IN GENERAL.—Consistent with applicable law, the Secretary 

may sell public land located within the Boise District of the Bureau 

of Land Management that, as of July 25, 2000, has been identified 

for disposal in appropriate resource management plans. 

(b) USE OF PROCEEDS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law (other than a law that specifically provides for a proportion 

of the proceeds of a land sale to be distributed to any trust 

fund of the State), proceeds from the sale of public land under 

subsection (a) shall be deposited in a separate account in the 

Treasury of the United States to be known as the ‘‘Owyhee 

Land Acquisition Account’’. 

(2) AVAILABILITY.— 

(A) IN GENERAL.—Amounts in the account shall be 

available to the Secretary, without further appropriation, 

to purchase land or interests in land in, or adjacent to, 

the wilderness areas designated by this subtitle, including 

land identified as ‘‘Proposed for Acquisition’’ on the maps 

described in section 1503(a)(1). 

(B) APPLICABLE LAW.—Any purchase of land or interest 

in land under subparagraph (A) shall be in accordance 

with applicable law. 

(3) APPLICABILITY.—This subsection applies to public land 

within the Boise District of the Bureau of Land Management 

sold on or after January 1, 2008. 

(4) ADDITIONAL AMOUNTS.—If necessary, the Secretary may 

use additional amounts appropriated to the Department of the 

Interior, subject to applicable reprogramming guidelines. 

(c) TERMINATION OF AUTHORITY.— 

(1) IN GENERAL.—The authority provided under this section 

terminates on the earlier of— 

(A) the date that is 10 years after the date of enactment 

of this Act; or 

(B) the date on which a total of $8,000,000 from the 

account is expended. 

(2) AVAILABILITY OF AMOUNTS.—Any amounts remaining 

in the account on the termination of authority under this section 

shall be— 

(A) credited as sales of public land in the State; 

(B) transferred to the Federal Land Disposal Account 

established under section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and 

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123 STAT. 1040 PUBLIC LAW 111–11—MAR. 30, 2009 


(C) used in accordance with that subtitle. 

SEC. 1506. TRIBAL CULTURAL RESOURCES. 

(a) COORDINATION.—The Secretary shall coordinate with the 

Tribes in the implementation of the Shoshone Paiute Cultural 

Resource Protection Plan. 

(b) AGREEMENTS.—The Secretary shall seek to enter into agreements with the Tribes to implement the Shoshone Paiute Cultural 

Resource Protection Plan to protect cultural sites and resources 

important to the continuation of the traditions and beliefs of the 

Tribes. 

SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. 

(a) IN GENERAL.—In accordance with the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary 

shall, in coordination with the Tribes, State, and County, prepare 

1 or more travel management plans for motorized and mechanized 

off-highway vehicle recreation for the land managed by the Bureau 

of Land Management in the County. 

(b) INVENTORY.—Before preparing the plan under subsection 

(a), the Secretary shall conduct resource and route inventories 

of the area covered by the plan. 

(c) LIMITATION TO DESIGNATED ROUTES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

plan shall limit recreational motorized and mechanized offhighway vehicle use to a system of designated roads and trails 

established by the plan. 

(2) EXCEPTION.—Paragraph (1) shall not apply to snowmobiles. 

(d) TEMPORARY LIMITATION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), until 

the date on which the Secretary completes the plan, all recreational motorized and mechanized off-highway vehicle use 

shall be limited to roads and trails lawfully in existence on 

the day before the date of enactment of this Act. 

(2) EXCEPTION.—Paragraph (1) shall not apply to— 

(A) snowmobiles; or 

(B) areas specifically identified as open, closed, or limited in the Owyhee Resource Management Plan. 

(e) SCHEDULE.— 

Deadline. 

Transportation 

plan. 

(1) OWYHEE FRONT.—It is the intent of Congress that, 

not later than 1 year after the date of enactment of this Act, 

the Secretary shall complete a transportation plan for the 

Owyhee Front. 

Deadline. 

Transportation 

plan. 

(2) OTHER BUREAU OF LAND MANAGEMENT LAND IN THE 

COUNTY.—It is the intent of Congress that, not later than 

3 years after the date of enactment of this Act, the Secretary 

shall complete a transportation plan for Bureau of Land 

Management land in the County outside the Owyhee Front. 

SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle.