69–010 

Calendar No. 806 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–374 

OWYHEE PUBLIC LAND MANAGEMENT ACT 

JUNE 16, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2833] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2833) to provide for the management of certain 

public land in Owyhee County, Idaho, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Owyhee Public Land Management Act of 2008’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ACCOUNT.—The term ‘‘account’’ means the Owyhee Land Acquisition Account established by section 6(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 8. 

(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 Pauite Tribes of the 

Duck Valley Reservation. 

SEC. 3. 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 CenVerDate Aug 31 2005 23:39 Jun 17, 2008 Jkt 069010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\SR374.XXX SR374

erowe on PRODPC61 with REPORTS
2 

ter 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. 4. WILDERNESS AREAS. 

(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 Wilderness’’ and dated May 5, 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 Act. 

(B) EFFECT.—Each map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this Act, 

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 Act—

(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 Act shall be administered 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. 


erowe on PRODPC61 with REPORTS
3 

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

(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 Act. 

(C) FENCING.—The Secretary may construct and maintain fencing around 

wilderness areas designated by this Act 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 Act. 

(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 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 Act 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 Act 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 


erowe on PRODPC61 with REPORTS
4 

trails on the land designated as wilderness by this Act, 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 Act 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 Act 

adequate access to the property. 

(8) FISH AND WILDLIFE.—

(A) IN GENERAL.—Nothing in this Act affects the jurisdiction of the State 

with respect to fish and wildlife on public land in the State. 

(B) MANAGEMENT ACTIVITIES.—

(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 Act, 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 Act 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 wilderness area by this Act 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 Act shall not preclude the conduct of those activities or uses 

outside the boundary of the wilderness area. 

(11) MILITARY OVERFLIGHTS.—Nothing in this Act restricts or precludes—

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

wilderness by this Act, 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 in section 4 

shall not create an express or implied 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 5. 

SEC. 5. 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)) is amended—


erowe on PRODPC61 with REPORTS
5 

(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 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 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. 

‘‘(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, 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. 

‘‘(173) 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. 

‘‘(174) 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. 

‘‘(175) 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. 

‘‘(176) 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. 

‘‘(177) 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. 

‘‘(178) 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. 

‘‘(179) 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. 

‘‘(180) 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. 

‘‘(181) 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. 


erowe on PRODPC61 with REPORTS
6 

‘‘(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. 

‘‘(182) 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. 

‘‘(183) SHEEP CREEK, IDAHO.—The 25.6 miles of Sheep Creek from the confluence with the Bruneau River to the upstream boundary of the BruneauJarbidge Rivers Wilderness, to be administered by the Secretary of the Interior 

as a wild river. 

‘‘(184) 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. 

‘‘(185) 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, 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 Act shall extend not more 

than the shorter of—

(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. 

SEC. 6. 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 the date of enactment of this Act, 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 Act, including 

land identified as ‘‘Proposed for Acquisition’’ on the maps described in section 4(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. 

(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; 


erowe on PRODPC61 with REPORTS
7 

(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 

(C) used in accordance with that Act. 

SEC. 7. 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. 8. 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 off-highway 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 offhighway 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.—

(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. 

(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. 9. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are necessary to carry out 

this Act. 

PURPOSE

The purposes of S. 2833 are to establish the Owyhee Science Review and Conservation Center to provide information for improved 

rangeland management; to designate approximately 517,000 acres 

of Bureau of Land Management lands in Owyhee County, Idaho, as 

wilderness; to release approximately 198,000 acres of lands currently administered as wilderness study areas for multiple use 

management; and to designate approximately 316 miles of rivers in 

Owyhee County as components of the National Wild and Scenic 

Rivers System. 

BACKGROUND AND NEED

Owyhee County encompasses over 7,600 square miles of the 

southwestern corner of Idaho. With a population of just over 

11,000, it is a sparsely-populated area. Ranching is the traditional 

and predominant economic force throughout the county. 


erowe on PRODPC61 with REPORTS
8 

In 2000, the Owyhee County Commissioners invited a number of 

interested parties to begin discussions with the goal of resolving a 

wide range of natural resource issues in the county. Over time, the 

discussions included representatives from many interests within 

the county, including local government officials, tribal representatives, ranchers, conservationists, recreational users, and others. On 

May 10, 2006, the Owyhee Initiative Agreement was signed by 12 

representatives of the organizations and entities involved in the 

Owyhee Initiative Working Group. 

Although S. 2833 does not ratify or incorporate the Owyhee Initiative Agreement, the bill facilitates the implementation of the 

concept behind the original agreement, consistent with applicable 

Federal law. 

S. 2833 would establish the Owyhee Science Review and Conservation Center, to allow the Bureau of Land Management, in coordination with other Tribal, State, and local governmental entities, and in consultation with the University of Idaho, Federal grazing permittees, and the public, to conduct research and analysis to 

allow for improved rangeland management in Owyhee County. 

The wilderness areas to be designated by S. 2833 range from 

deep river canyons to vast sagebrush and grassland plateaus that 

provide habitat for sage grouse, pronghorn antelope, bighorn sheep, 

songbirds, raptors, and numerous rare plant species. Many of the 

river canyons within the proposed wilderness areas are more than 

1,000 feet deep. Rivers meander for hundreds of miles through 

southwestern Idaho and form what may be the largest, most 

unaltered, desert region remaining in the continental United 

States. 

The additions to the Wild and Scenic River System are rugged, 

isolated, and unique. The Owyhee Uplands region is unlike any 

other desert region in the United States because it is dissected by 

hundreds of miles of free-flowing rivers. The rivers begin in the 

mountains of northern Nevada, flowing north across southwestern 

Idaho. Each river has cut a deep canyon through alternating layers 

of black and red volcanic rock. Each river also provides important 

habitat for wildlife, including bighorn sheep and large flocks of waterfowl. There are no paved roads along any of these rivers, although there are several improved and unimproved dirt roads, 

which provide limited access to these remote streams and ranches 

in the area. The larger rivers, like the Owyhee and Bruneau, contain some of the most challenging whitewater in the United States. 

LEGISLATIVE HISTORY

S. 2833 was introduced by Senator Crapo on April 9, 2008. Senator Crapo introduced a related bill, S. 802, on March 7, 2007. In 

the 109th Congress, Senator Crapo introduced S. 3794, which was 

identical to S. 802. The Subcommittee on Public Lands and Forests 

held a hearing on S. 3794 on September 27, 2006. No further action 

was taken on that bill. 

The Subcommittee on Public Lands and Forests held a hearing 

on the bill on April 22, 2008. At its business meeting on May 7, 

2008, the Committee on Energy and Natural Resources ordered S. 

2833 favorably reported, with an amendment in the nature of a 

substitute. 


erowe on PRODPC61 with REPORTS
9 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on May 7, 2008, by a voice vote of a quorum present, 

recommends that the Senate pass S. 2833, if amended as described 

herein. 

COMMITTEE AMENDMENT

During its consideration of S. 2833, the Committee adopted an 

amendment in the nature of a substitute. The amendment updates 

the map and acreage references for the designated wilderness areas 

and makes several other technical, clarifying, and conforming 

changes. The amendment is explained in detail in the section-bysection analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Owyhee Public Land Management Act of 2008’’. 

Section 2 defines key terms used in the bill. 

Section 3(a) directs the Secretary of the Interior, in coordination 

with the Shoshone Paiute Tribes of the Duck Valley Reservation, 

the State of Idaho, and Owyhee County, and in consultation with 

the University of Idaho, Federal grazing permittees, and the public, 

to establish the Owyhee Science Review and Conservation Center 

in Owyhee County to conduct research projects to address natural 

resource management issues affecting public and private rangeland 

in the county. 

Subsection (b) states that the purpose of the Center is 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. 

Section 4(a)(1) designates the following areas as wilderness, to be 

administered by the Bureau of Land Management in accordance 

with the Wilderness Act (16 U.S.C. 1131 et seq.): 

Big Jacks Creek Wilderness ................................................................. 52,826 acres 

Bruneau—Jarbidge Rivers Wilderness ................................................ 89,996 acres 

Little Jacks Creek Wilderness .............................................................. 50,929 acres 

North Fork Owyhee Wilderness ........................................................... 43,413 acres 

Owyhee River Wilderness ..................................................................... 267,328 acres 

Pole Creek Wilderness .......................................................................... 12,533 acres 

Paragraph (2) directs the Secretary to submit a map and legal 

description for each wilderness area designated by this Act to the 

House and Senate authorizing committees. 

Paragraph (3) provides for the release of approximately 198,000 

acres of BLM lands from wilderness study status and directs that 

the lands be managed in accordance with applicable land use 

plans. 

Subsection (b)(1) provides for the administration of the areas designated as wilderness by this Act in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). 

Paragraph (2) withdraws all of the land designated as wilderness 

by this Act from entry, appropriation, or disposal under the public 

lands laws, from location, entry, and patent under the mining laws, 

and from disposition under the mineral leasing, mineral materials, 

and geothermal leasing laws. 


erowe on PRODPC61 with REPORTS
10 

Paragraph (3) provides for continued grazing of livestock within 

the wilderness areas, where the use is established as of the date 

of enactment of this Act. The Secretary is directed to conduct an 

inventory of existing facilities and improvements associated with 

grazing activities in the wilderness areas within one year after the 

date of enactment. 

Subparagraph (D) requires the Secretary to accept the donation 

of any valid grazing permit or lease, if any portion of the permit 

or lease is within a wilderness area designated by this Act. If a 

permit or lease is donated, the Secretary is directed to terminate 

the permit or lease to ensure a permanent end to grazing on the 

affected land. If the land covered by a donated permit or lease is 

part of a common allotment, the Secretary is directed to reduce the 

authorized grazing level on the land to reflect the donation of the 

permit or lease and shall not allow grazing use to exceed the authorized level. The subparagraph also makes clear that a permittee 

may make a partial donation of the authorized grazing use. 

Paragraph (4) authorizes the Secretary to acquire lands and interests therein within the wilderness areas by purchase, donation, 

or exchange. 

Paragraph (5) directs the Secretary to establish a trail plan that 

addresses hiking and equestrian trails within the wilderness areas, 

consistent with the Wilderness Act. 

Paragraph (6) clarifies that commercial services, including authorized outfitting and guide activities, are authorized within the 

wilderness areas to the extent necessary for activities that fulfill 

the recreational or other wilderness purpose of the area. 

Paragraph (7) provides for access to private property located 

within the wilderness areas in accordance with section 5(a) of the 

Wilderness Act (16 U.S.C. 1134(a)). 

Paragraph (8) states that nothing in this Act affects the jurisdiction of the State of Idaho with respect to fish and wildlife on public 

lands. The Secretary is authorized to conduct wildlife management 

activities in the wilderness areas in furtherance of the Wilderness 

Act, if the activities are consistent with relevant wilderness management plans and conducted in accordance with appropriate policies, as described in Appendix B of House Report 101–405. The activities may include the occasional and temporary use of motor vehicles, if necessary to promote healthy, viable, and more naturally 

distributed wildlife populations. 

Paragraph (9) mirrors language in the Wilderness Act which 

states that the Secretary may take any measures the Secretary determines necessary to control fire, insects, or diseases. 

Paragraph (10) clarifies that the designation of a wilderness area 

shall not create a protective perimeter or ‘‘buffer zone’’ around the 

area. 

Paragraph (11) provides that nothing in this Act restricts or precludes low-level overflights of military aircraft over the designated 

wilderness areas, flight testing and evaluation, the designation or 

creation of new units of special use airspace, or the establishment 

of military flight training routes over the wilderness areas. 

Paragraph (12) states that the designation of wilderness shall 

not create an express or implied reservation by the United States 

of any water or water rights for wilderness purposes. The paragraph clarifies that this denial of a Federal reserved water right 


erowe on PRODPC61 with REPORTS
11 

does not apply to the components of the National Wild and Scenic 

Rivers System designated by this Act. 

Section 5(a) amends section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) to add 16 river segments as additions to the 

Wild and Scenic Rivers System. The combined length of the designated river segments is approximately 316 miles. 

Subsection (b) limits the boundary of a river segment designated 

by subsection (a) to the shorter of an average distance of one-quarter mile from the high water mark on both sides of the river segment, or the distance to the nearest confined canyon rim. 

Subsection (c) prohibits the Secretary from acquiring any private 

land within the exterior boundary of a wild and scenic river corridor without the consent of the owner. 

Section 6(a) authorizes the Secretary to sell public land located 

within the Boise District of the Bureau of Land Management that, 

as of the date of enactment of this Act, has been identified for disposal in appropriate resource management plans. 

Subsection (b) provides that notwithstanding any other provision 

of law (other than a law providing for a portion of land sale revenues to be distributed to a State education trust fund), proceeds 

from the sale of lands under subsection (a) shall be deposited in a 

separate account in the Treasury known as the ‘‘Owyhee Land Acquisition Account’’. Amounts deposited in the special account shall 

be available to the Secretary, without further appropriation, to purchase lands, or interests therein, in or adjacent to the wilderness 

areas designated by this Act, including lands depicted on the referenced map. Any land purchases using the special account are to 

be conducted in accordance with applicable law. The subsection applies to any public lands sold in the Boise District on or after January 1, 2008. 

Subsection (c) terminates the authority provided under this section either ten years after the date of enactment, or the date on 

which at least $8 million is expended, whichever is earlier. Any 

funds remaining in the special account shall be transferred to the 

Federal Land Disposal Account established under the Federal Land 

Transaction Facilitation Act (43 U.S.C. 2305(a)) to be used for purchase of lands in Idaho in accordance with that Act. 

Section 7 directs the Secretary to coordinate with the Shoshone 

Paiute Tribes of the Duck Valley Reservation in the implementation of 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. 

Section 8(a) requires the Secretary, in accordance with the Federal Land Policy and Management Act of 1976, and in coordination 

with the Tribes, the State of Idaho, and Owyhee County, to prepare 

one or more travel management plans to address motorized and 

mechanized off-highway vehicle recreation for BLM-managed lands 

in Owyhee County. 

Subsection (b) states that the Secretary is required to conduct resource and route inventories of the area before preparing the plan. 

Subsection (c) provides that, with the exception of snowmobiles, 

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


erowe on PRODPC61 with REPORTS
12 

Subsection (d) provides that until the plan is completed, all recreational motorized and mechanized off-highway vehicle use is limited to roads and trails lawfully in existence prior to the date of 

enactment of this Act. 

Subsection (e) states that it is the intent of Congress that the 

Secretary shall complete a transportation plan for the Owyhee 

Front area not later than one year after the date of enactment of 

this Act, and that the transportation plan for the remaining areas 

in Owyhee County be completed no later than three years after the 

date of enactment of this Act. 

Section 9 authorizes the appropriation of such sums as may be 

necessary to carry out this Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 2833—Owyhee Public Land Management Act of 2008 

S. 2833 would designate land and waterways in southwestern 

Idaho as wilderness or as wild or recreational rivers. The bill also 

would authorize the Bureau of Land Management (BLM) to sell 

certain lands in Idaho and spend the proceeds on acquiring other 

properties in the state. Based on information provided by BLM, 

CBO estimates that implementing the bill would have no significant effect on discretionary spending. We estimate that enacting 

the bill would result in additional direct spending of about $5 million over the 2009–2013 period. The legislation would not affect 

revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

have no significant impact on the budgets of state, local, or tribal 

governments. 

Under S. 2833, about 517,000 acres of land, most of which is already owned by BLM, would be added to the National Wilderness 

Preservation System. About 316 miles of rivers and creeks in the 

same area would be added to the Wild and Scenic River System. 

Most of the acreage designated by the bill is currently in wilderness study areas (WSA), which are managed by BLM to protect 

their wilderness values; no additional resources would be required 

to manage that acreage (or the small amount of other BLM land 

not in a WSA) as wilderness. The agency could incur additional discretionary costs to revise brochures, maps, and signs to reflect the 

new designations (of both wilderness and wild or recreational rivers), but CBO estimates that such costs would be minimal because 

most such revisions would take place in conjunction with scheduled 

reprinting and routine maintenance. Other expenses—for possible 

fencing, resource inventories, and other costs—would be minor. 

Enacting S. 2833 would result in additional direct spending because the bill would allow BLM to spend proceeds from sales that 

would, under existing law, be deposited into the U.S. Treasury. 

Under the bill, BLM could sell federal lands in the Boise area that 

were identified for disposal before the legislation’s enactment and 

spend, without further appropriation, up to $8 million of those proceeds to purchase other land for the new wilderness area. BLM is 

already authorized to dispose of all of that land under existing law, 


erowe on PRODPC61 with REPORTS
13 

but the authority to spend the proceeds of such sales only applies 

to land that was identified for disposal before July 25, 2000. CBO 

expects that BLM would receive about $5 million from selling land 

that was identified for disposal after that date, resulting in additional direct spending of that amount over the 2009–2013 period. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 2833. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 2833, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2833, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined by rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

April 22, 2008 hearing on S. 2833 follows: 

STATEMENT OF JULIE JACOBSON, DEPUTY ASSISTANT SECRETARY, LAND AND MINERALS MANAGEMENT, DEPARTMENT OF THE INTERIOR

Thank you for inviting me to testify on S. 2833, the 

Owyhee Public Lands Management Act of 2008. This bill 

seeks to resolve a wide range of public land management 

issues and opportunities on lands managed by the Bureau 

of Land Management (BLM) in Owyhee County, Idaho. It 

is the result of years of intensive efforts by the Idaho delegation, and particularly Senator Crapo, working with local 

governments and the public to reach consensus on difficult 

issues in the spirit of cooperative conservation. We respect 

the resolution of local land use conflicts in this matter, and 

support the bill with modification of the formula for distributing the proceeds from any land sales to ensure that 

an appropriate share of the proceeds is returned to the 

Federal taxpayers. We would, like to work to address this, 

and other areas of concern, with the sponsor and the Committee. 


erowe on PRODPC61 with REPORTS
14 

BACKGROUND

Owyhee County encompasses over 7,600 square miles of 

the southwestern corner of Idaho. It is the homeland of the 

Shoshone-Paiute people and encompasses the Duck Valley 

Reservation. With a population of just over 11,000, it is a 

sparsely-peopled land where magnificent canyons, rushing 

rivers, and wide-open skies dominate the landscape. 

Ranching is the traditional and predominant economic activity throughout Owyhee County. 

In 2000, the Owyhee County Commissioners invited a 

number of interested parties to begin discussions with an 

eye toward resolving a wide range of natural resource 

issues in the County. Innumerable meetings, conversations, and dialogues ensued. Over time, this effort included 

representatives from many interests within the County, including local government officials, tribal representatives, 

ranchers, conservationists, recreationists, and others. 

The legislation before this Committee, S. 2833, is an effort to realize those efforts. Senator Crapo deserves recognition for his commitment to working toward collaborative solutions in the spirit of cooperative conservation 

and proposing this legislation to help resolve Owyhee 

County’s public land issues. 

OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER

Section 3 of this bill requires the Secretary of the Interior to establish the Owyhee Science Review and Conservation Center in Owyhee County, Idaho. The stated intention of the Center is to conduct research projects to address natural resources management issues as they affect 

public and private rangelands in Owyhee County with a 

goal of providing information for improved rangeland management. 

We do not oppose the establishment of this Center; however we are concerned about the ongoing costs of establishing and operating such a Center. We urge the Committee and the sponsor to consider making section 3 subject to adequate appropriations. 

WILDERNESS AND WILD & SCENIC RIVERS DESIGNATIONS

The Department of the Interior supports the Wilderness 

and Wild and Scenic River designations in the bill, subject 

to adjustments in boundaries and management language 

as is routine in such proposed designations. In general, the 

Department supports the efforts of Congressional delegations to resolve wilderness issues in their states. Congress 

has the sole authority to designate lands to be managed as 

wilderness and we have repeatedly urged that these issues 

be addressed legislatively. 

Section 4 of S. 2833 designates as wilderness 517,128 

acres in six separate areas and releases approximately 

198,073 acres from WSA status and will return these lands 

to the full range of multiple public uses authorized by the 

Federal Land Policy and Management Act (FLPMA). The 


erowe on PRODPC61 with REPORTS
15 

Department generally supports the designations and releases proposed by the legislation and would like the opportunity to work with the sponsor and the Committee on 

possible minor boundary adjustments to ensure efficient 

manageability. 

The areas identified to be designated as wilderness include: Big Jacks Creek Wilderness, Bruneau-Jarbidge Rivers Wilderness, Little Jacks Creek Wilderness, North Fork 

Owyhee Wilderness, Owyhee River Wilderness and Pole 

Creek Wilderness. These proposed wilderness areas contain beautiful and remote desert landscapes. The terrain 

within the proposed wilderness is diverse, ranging from 

deep river canyons to vast sagebrush and grassland plateaus that provide habitat for sage-grouse, pronghorn antelope, bighorn sheep, songbirds, raptors, and numerous 

rare plant species. The river canyons are spectacular. 

Many are more than 1,000 feet deep, nearly twice as deep 

as the Washington Monument is tall. Rivers meander for 

hundreds of miles through southwestern Idaho and form 

what may be the largest, most unaltered, desert region remaining in the continental United States. 

Section 5 would designate more than 315 miles of waterways as segments of the Wild and Scenic Rivers System. 

These river segments, ranging from 3⁄10 of a mile to over 

67 miles, would be established on 16 different rivers and 

creeks including the Owyhee, Bruneau, and Jarbidge Rivers. As with wilderness, it is the prerogative of the Congress to make determinations for additions to the Wild and 

Scenic River System and we generally defer to the consensus of individual congressional delegations while providing input on manageability and potential conflicts. 

The proposed additions to the Wild and Scenic River 

System are rugged, isolated, and unique. This region, the 

Owyhee Uplands, is unlike any other desert region in the 

United States because it is dissected by hundreds of miles 

of free-flowing rivers. The rivers begin in the mountains of 

northern Nevada and, flowing north, radiate like spokes 

across southwestern Idaho. Each river has cut a deep, 

magnificent canyon through alternating layers of black 

and red volcanic rock. Each river is also an oasis for wildlife, including bighorn sheep and large flocks of waterfowl. 

There are no paved roads along any of these rivers and 

only a few dirt roads provide limited access to these remote streams. The larger rivers, like the Owyhee and 

Bruneau, contain some of the most challenging whitewater 

in the United States. River enthusiasts come from around 

the country to float these rivers and experience some of 

the ultimate river adventures in the United States. 

RELINQUISHMENT AND RETIREMENT OF GRAZING PERMITS

Section 4(b)(3)(D) of S. 2833 provides for the voluntary 

relinquishment of grazing permits or leases by permittees 

to the Secretary of the Interior for authorized grazing on 

BLM-managed lands within areas designated as wilderness by S. 2833. Under the bill, the Secretary is required 


erowe on PRODPC61 with REPORTS
16 

to accept the donation of those permits or leases and is required to permanently retire the allotments covered by the 

permits or leases from grazing. Partial relinquishment and 

congruent retirement of allotments is also provided for 

under this subsection. 

The BLM believes that grazing is a compatible use within wilderness and there is a long history of legislation accommodating grazing within wilderness designations. The 

BLM is also concerned about retiring grazing permits. 

Were it not for the Congressional acknowledgement of the 

choice of individual permittees, and the rigor of the collaborative process underlying these designations, BLM 

could only retire grazing permits through land use planning processes. However, the BLM also recognizes the 

value of working cooperatively and collaboratively with 

local stakeholders to fulfill its multiple-use mission on 

BLM lands. The BLM is committed to working with the 

Committee, the sponsor, and stakeholders in the spirit of 

cooperative conservation within our existing authority. 

DISPOSAL AND ACQUISITION OF LAND

Section 6 of S. 2833 provides for the sale of lands identified for disposal within the Boise District of the BLM and 

the subsequent use of those proceeds for the acquisition of 

private lands from willing sellers, within or adjacent to the 

wilderness areas designated by this bill. Specifically, section 6(a) authorizes the sale of lands identified for disposal 

prior to the date of enactment of the legislation. The proceeds from any such sales taking place after January 1, 

2008, would be deposited in a special account and would 

be available for the acquisition of private lands identified 

on the maps referenced by the legislation or any other private lands within or adjacent to the wilderness designated 

by S. 2833. This authority expires at the end of 10 years 

or on the date when $8 million has been expended from 

the account, whichever happens first. Amounts remaining 

in the account upon termination would be transferred to 

the Federal Land Deposit Account authorized by the Federal Land Transaction Facilitation Act (FLTFA) and expended in accordance with FLTFA. 

The Department notes that all such sales and acquisitions would be undertaken consistent with applicable laws, 

including FLPMA, and would be subject to appraisals completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisition and the Uniform Standards of Professional Appraisal Practice. 

In addition, the manner in which the proceeds from land 

sales are distributed requires significant modifications. As 

noted above, we will work with the sponsors to ensure that 

this bill returns an appropriate share of these proceeds to 

the Federal taxpayer, consistent with the Administration’s 

proposed changes to the FLTFA. Our proposal would provide for a consistent approach to the distribution of land 

sales proceeds at the National level. 


erowe on PRODPC61 with REPORTS
17 

ADDITIONAL PROVISIONS

Section 7 requires the Secretary to coordinate with the 

Shoshone Paiute Tribes in implementation of the Shoshone 

Paiute Cultural Resource Protection Plan and seek agreements with the Tribes to implement the plan in order to 

protect cultural sites and resources important to the 

Tribes. One provision of that plan includes a federally reimbursable law enforcement agreement with Owyhee 

County for services from the Tribes. The BLM and the 

Shoshone-Paiute Tribes have an excellent cooperative relationship and work together effectively on a wide range of 

public land management issues in southwest Idaho. The 

Administration supports and endorses BLM’s continuing 

and expanding this cooperative relationship. 

Finally, section 8 requires the BLM to prepare travel 

management plan for public lands within Owyhee County. 

Providing for the wise management and balance of all 

modes of travel and user needs continues to be a priority 

for the BLM. The BLM is currently in the process of developing travel management plans throughout the West. We 

are committed to completing those plans with full public 

participation in Owyhee County and on all BLM-managed 

public lands. We would like the opportunity to work with 

the sponsor and the Committee to ensure this section provides for comprehensive travel and transportation management planning. 

We are concerned about the long-term costs of the bill 

not only to the Department of the Interior and the BLM 

but also to the Federal Treasury. Public expectations for 

large infusions of Federal funds to accomplish this bill’s 

authorizations without a clear source of dollars could result in disappointment and frustrate local working relationships. 

Thank you for the opportunity to testify on this legislation. S. 2833 is the result of years of intensive efforts by 

Senator Crapo and many interested parties. We applaud 

these efforts and look forward to working with the Committee and Sponsor to address the issues addressed above, 

as well as technical and conforming amendments. I will be 

happy to answer any questions that you may have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

2833 as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 


erowe on PRODPC61 with REPORTS
18 

(Public Law 90–542; Approved October 2, 1968) 

[16 U.S.C. 1271 et seq.] 

AN ACT To provide a National Wild and Scenic Rivers System, and for other 

purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That (a) this Act 

may be cited as the ‘‘Wild and Scenic Rivers Act’’. 

* * * * * * * 

ø( )¿ (167) WHITE SALMON RIVER, WASHINGTON.—The 20 

miles of river segments of the main stem of the White Salmon 

River and Cascade Creek, Washington, to be administered by 

the Secretary of Agriculture in the following classifications: 

(A) The approximately 1.6-mile segment of the main 

stem of the White Salmon River from the headwaters on 

Mount Adams in section 17, township 8 north, range 10 

east, downstream to the Mount Adams Wilderness boundary as a wild river. 

(B) The approximately 5.1-mile segment of Cascade 

Creek from its headwaters on Mount Adams in section 10, 

township 8 north, range 10 east, downstream to the Mount 

Adams Wilderness boundary as a wild river. 

(C) The approximately 1.50-mile segment of Cascade 

Creek from the Mount Adams Wilderness boundary downstream to its confluence with the White Salmon River as 

a scenic river. 

(D) The approximately 11.8-mile segment of the main 

stem of the White Salmon River from the Mount Adams 

Wilderness boundary downstream to the Gifford Pinchot 

National Forest boundary as a scenic river. 

ø( )¿ (168) BLACK BUTTE RIVER, CALIFORNIA.—The following 

segments of the Black Butte River in the State of California, 

to be administered by the Secretary of Agriculture: 

(A) The 16 miles of Black Butte River, from the 

Mendocino County Line to its confluence with Jumpoff 

Creek, as a wild river. 

(B) The 3.5 miles of Black Butte River from its confluence with Jumpoff Creek to its confluence with Middle 

Eel River, as a scenic river. 

(C) The 1.5 miles of Cold Creek from the Mendocino 

County Line to its confluence with Black Butte River, as 

a wild river. 

ø(167)¿ (169) MUSCONETCONG RIVER, NEW JERSEY.—

(A) DESIGNATION.—The 24.2 miles of river segments in 

New Jersey, consisting of—

(i) the approximately 3.5-mile segment from Saxton 

Falls to the Route 46 bridge, to be administered by the 

Secretary of the Interior as a scenic river; and 

(ii) the approximately 20.7-mile segment from the 

Kings Highway bridge to the railroad tunnels at 

Musconetcong Gorge, to be administered by the Secretary of the Interior as a recreational river. 


erowe on PRODPC61 with REPORTS
19 

(B) ADMINISTRATION.—Notwithstanding section 10(c) the 

river segments designated under subparagraph (A) shall 

not be administered as part of the National Park System. 

(170) 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. 

(171) 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 NW1⁄4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to be 

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

(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, 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. 

(173) 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. 

(174) 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. 

(175) 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. 

(176) 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. 

(177) 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. 

(178) 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. 

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

Jacks Creek from the down stream boundary of the Little Jacks 


erowe on PRODPC61 with REPORTS
20 

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

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

river. 

(180) 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. 

(181) 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. 

(182) 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. 

(183) 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. 

(184) 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 up stream 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 4 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. 

(185) 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, to be administered by the Secretary of the Interior as a wild river. 

Æ 


erowe on PRODPC61 with REPORTS