II 

110TH CONGRESS 

1ST SESSION S. 802 

To provide for the implementation of the Owyhee Initiative Agreement, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2007 

Mr. CRAPO introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide for the implementation of the Owyhee Initiative 

Agreement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Owyhee Initiative Implementation Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purpose. 

Sec. 3. Definitions. 

Sec. 4. General provisions. 

TITLE I—OWYHEE INITIATIVE AGREEMENT 


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Sec. 101. Implementation. 

Sec. 102. Science review program. 

Sec. 103. Conservation and research center program. 

Sec. 104. Authorization of appropriations. 

TITLE II—WILDERNESS AND WILD AND SCENIC RIVERS 

Sec. 201. Wilderness designation. 

Sec. 202. Designation of wild and scenic rivers. 

Sec. 203. Administration of wilderness and wild and scenic rivers. 

Sec. 204. Land exchanges and acquisitions and grazing preferences. 

Sec. 205. Authorization of appropriations. 

TITLE III—TRANSPORTATION AND RECREATION MANAGEMENT 

Sec. 301. Transportation plans. 

Sec. 302. Authority. 

Sec. 303. Cooperative agreements. 

Sec. 304. Authorization of appropriations. 

TITLE IV—CULTURAL RESOURCES 

Sec. 401. Findings. 

Sec. 402. Implementation. 

Sec. 403. Authorization of appropriations. 

1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the Owyhee-Bruneau Canyonlands Region is 

4 one of the most spectacular high deserts in the 

5 United States, unique in geology and rich in history; 

6 (2) the Shoshone Paiute Indian tribes have put 

7 forth claims to aboriginal rights in the Region; 

8 (3) since the 1860s, ranching has been an im9 portant part of the heritage, culture, and economy 

10 of the Region; 

11 (4) the Region has tremendous opportunities 

12 for outdoor recreation; 

13 (5) there has been longstanding conflict over 

14 management of the public land in the Region; 


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1 (6) in 2001, the Owyhee County Board of Com2 missioners and the Tribes brought together a diverse 

3 group of interests, with the intent that the Tribes 

4 and the County, through government-to-government 

5 coordination, could mutually launch a process for 

6 achieving resolution of land use conflicts, protection 

7 of the landscape resource, protection of cultural re8 sources, and economic stability; and 

9 (7) as a result of the process described in para10 graph (6), the Owyhee Initiative Agreement, an 

11 agreement between a coalition of representatives of 

12 landowners, ranchers, environmental organizations, 

13 County government, and recreation groups ap14 pointed in the County by the Board of County Com15 missioners, was formed to develop a natural re16 sources project that promotes ecological and eco17 nomic health within the County. 

18 (b) PURPOSE.—The purpose of this Act is to provide 

19 for the implementation of the Owyhee Initiative Agree20 ment to— 

21 (1) preserve the natural processes that create 

22 and maintain a functioning, unfragmented landscape 

23 that supports and sustains a flourishing community 

24 of human, plant, and animal life; 


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1 (2) provide for economic stability by preserving 

2 livestock grazing as an economically viable use; and 

3 (3) provide for the protection of cultural re4 sources. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) BOARD.—The term ‘‘Board’’ means the 

8 Board of Directors of the Owyhee Initiative Project. 

9 (2) BUREAU.—The term ‘‘Bureau’’ means the 

10 Bureau of Land Management. 

11 (3) COUNTY.—The term ‘‘County’’ means 

12 Owyhee County, Idaho. 

13 (4) ORDINARY HIGH WATER MARK.—The term 

14 ‘‘ordinary high water mark’’ shall have such mean15 ing as is given the term by the legislature of the 

16 State. 

17 (5) OWYHEE FRONT.—The term ‘‘Owyhee 

18 Front’’ means that area of the County from Jump 

19 Creek on the west to Mud Flat Road on the east 

20 and draining north from the crest of the Silver City 

21 Range to the Snake River. 

22 (6) OWYHEE INITIATIVE AGREEMENT.—The 

23 term ‘‘Owyhee Initiative Agreement’’ means the 

24 agreement that provides for the implementation of a 

25 project for the promotion of ecological and economic 


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1 health within the County entered into by a coalition 

2 of representatives of landowners, ranchers, environ3 mental organizations, County government, and 

4 recreation groups appointed in the County by the 

5 Board of County Commissioners, entitled ‘‘Owyhee 

6 Initiative Agreement’’, as amended on May 10, 

7 2006. 

8 (7) PLAN.—The term ‘‘Plan’’ means the Sho9 shone Paiute Tribal Cultural Resource Protection 

10 Plan approved by the Tribes. 

11 (8) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (9) STATE.—The term ‘‘State’’ means the State 

14 of Idaho. 

15 (10) TRIBES.—The term ‘‘Tribes’’ means the 

16 Shoshone-Paiute Tribes of the Duck Valley Indian 

17 Reservation. 

18 SEC. 4. GENERAL PROVISIONS. 

19 (a) NO PRECEDENCE.—Nothing in this Act estab20 lishes a precedent with regard to any future legislation. 

21 (b) NATIVE AMERICAN RECOGNITION AND USES.— 

22 Nothing in this Act diminishes or otherwise affects— 

23 (1) the trust responsibility of the United States 

24 to Indian tribes and Indian individuals; 


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1 (2) the government-to-government relationship 

2 between the United States and federally recognized 

3 Indian tribes; 

4 (3) the rights of any Indian tribe, including 

5 rights of access to Federal land for tribal activities, 

6 including spiritual, cultural, and traditional food7 gathering activities; or 

8 (4) the sovereignty of any Indian tribe. 

9 TITLE I—OWYHEE INITIATIVE 

10 AGREEMENT 

11 SEC. 101. IMPLEMENTATION. 

12 (a) IN GENERAL.—The Secretary shall coordinate 

13 with the Board and the County in implementing this Act 

14 in accordance with applicable laws and regulations. 

15 (b) EFFECT ON PUBLIC PARTICIPATION.—Nothing 

16 in this Act diminishes or otherwise affects any applicable 

17 law or regulation relating to public participation. 

18 SEC. 102. SCIENCE REVIEW PROGRAM. 

19 (a) IN GENERAL.—The Secretary shall coordinate 

20 with the Board in the conduct of the science review proc21 ess as described in the Owyhee Initiative Agreement. 

22 (b) MANAGEMENT ACTIONS.—Notwithstanding the 

23 review process under this section, the Secretary shall pro24 ceed with management actions in a timely manner in ac25 cordance with applicable laws (including regulations). 


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1 SEC. 103. CONSERVATION AND RESEARCH CENTER PRO2 GRAM. 

3 The Secretary shall coordinate with the Board with 

4 respect to the conservation and research center program, 

5 as described in the Owyhee Initiative Agreement. 

6 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated to the Sec8 retary to carry out this title $20,000,000. 

9 TITLE II—WILDERNESS AND 

10 WILD AND SCENIC RIVERS 

11 SEC. 201. WILDERNESS DESIGNATION. 

12 (a) IN GENERAL.—In furtherance of the purposes of 

13 the Wilderness Act (16 U.S.C. 1131 et seq.), the following 

14 land in the State is designated as wilderness and as com15 ponents of the National Wilderness Preservation System: 

16 (1) BIG JACKS CREEK WILDERNESS.—Certain 

17 land comprising approximately 51,624 acres, as gen18 erally depicted on the map entitled ‘‘Big Jacks 

19 Creek Wilderness’’ and dated September 1, 2006, 

20 which shall be known as the ‘‘Big Jacks Creek Wil21 derness’’. 

22 (2) BRUNEAU-JARBIDGE RIVERS WILDER23 NESS.—Certain land comprising approximately 

24 91,328 acres, as generally depicted on the map enti25 tled ‘‘Bruneau-Jarbidge Rivers Wilderness’’ and 


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1 dated September 1, 2006, which shall be known as 

2 the ‘‘Bruneau-Jarbidge Rivers Wilderness’’. 

3 (3) LITTLE JACKS CREEK WILDERNESS.—Cer4 tain land comprising approximately 49,647 acres, as 

5 generally depicted on the map entitled ‘‘Little Jacks 

6 Creek Wilderness’’ and dated September 1, 2006, 

7 which shall be known as the ‘‘Little Jacks Creek 

8 Wilderness’’. 

9 (4) NORTH FORK OWYHEE WILDERNESS.—Cer10 tain land comprising approximately 43,113 acres, as 

11 generally depicted on the map entitled ‘‘North Fork 

12 Owyhee Wilderness’’ and dated September 1, 2006, 

13 which shall be known as the ‘‘North Fork Owyhee 

14 Wilderness’’. 

15 (5) OWYHEE RIVER WILDERNESS.—Certain 

16 land comprising approximately 269,016 acres, as 

17 generally depicted on the map entitled ‘‘Owyhee 

18 River Wilderness’’ and dated September 1, 2006, 

19 which shall be known as the ‘‘Owyhee River Wilder20 ness’’. 

21 (6) POLE CREEK WILDERNESS.—Certain land 

22 comprising approximately 12,468 acres, as generally 

23 depicted on the map entitled ‘‘Pole Creek Wilder24 ness’’ and dated September 1, 2006, which shall be 

25 known as the ‘‘Pole Creek Wilderness’’. 


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1 (b) RELEASE OF WILDERNESS STUDY AREAS.— 

2 (1) FINDING.—Congress finds that, for the pur3 poses of section 603 of the Federal Land Policy and 

4 Management Act of 1976 (43 U.S.C. 1782), the 

5 public land in the County administered by the Bu6 reau in the following areas has been adequately 

7 studied for wilderness designation: 

8 (A) The Sheep Creek East Wilderness 

9 Study Area. 

10 (B) The Sheep Creek West Wilderness 

11 Study Area. 

12 (C) The Squaw Creek Canyon Wilderness 

13 Study Area. 

14 (D) The West Fork Red Canyon Wilder15 ness Study Area. 

16 (E) The Upper Deep Creek Wilderness 

17 Study Area. 

18 (F) The Big Willow Springs Wilderness 

19 Study Area. 

20 (G) The Middle Fork Owyhee River Wil21 derness Study Area. 

22 (H) Any portion of the wilderness study 

23 areas— 

24 (i) not designated as wilderness by 

25 subsection (a); and 


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1 (ii) designated for release on the map 

2 dated September 1, 2006. 

3 (2) RELEASE.—Any public land described in 

4 paragraph (1) that is not designated as wilderness 

5 by this subsection— 

6 (A) is no longer subject to section 603(c) 

7 of the Federal Land Policy and Management 

8 Act of 1976 (43 U.S.C. 1782(c)); and 

9 (B) shall be managed in accordance with 

10 land management plans adopted under section 

11 202 of that Act (43 U.S.C. 1712). 

12 (c) MAPS AND LEGAL DESCRIPTIONS.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, the Secretary 

15 shall submit to the Committee on Energy and Nat16 ural Resources of the Senate and the Committee on 

17 Resources of the House of Representatives a map 

18 and legal description for each area designated as wil19 derness by this Act. 

20 (2) EFFECT.—Each map and legal description 

21 submitted under paragraph (1) shall have the same 

22 force and effect as if included in this Act, except 

23 that the Secretary may correct any minor errors in 

24 such a map or legal description. 


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1 (3) AVAILABILITY OF MAPS.—The maps sub2 mitted under paragraph (1) shall be available for 

3 public inspection in— 

4 (A) the offices of the Idaho State Director 

5 of the Bureau; and 

6 (B) the offices of the Boise and Twin Falls 

7 Districts of the Bureau. 

8 SEC. 202. DESIGNATION OF WILD AND SCENIC RIVERS. 

9 (a) STATEMENT OF INTENT.—The intent of wild, 

10 scenic, and recreational river designations under this sub11 section is to resolve the wild, scenic, and recreational river 

12 status of the segments within the County, as depicted on 

13 the maps submitted under section 201(c). 

14 (b) DESIGNATION.—Section 3(a) of the Wild and 

15 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended— 

16 (1) by redesignating paragraph (167) (relating 

17 to the Musconetcong River, New Jersey) as para18 graph (169); 

19 (2) by designating the undesignated paragraph 

20 relating to the White Salmon River, Washington, as 

21 paragraph (167); 

22 (3) by designating the undesignated paragraph 

23 relating to the Black Butte River, California, as 

24 paragraph (168); and 

25 (4) by adding at the end the following: 


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1 ‘‘(170) BATTLE CREEK, IDAHO.—The 23.4 

2 miles of Battle Creek in the State of Idaho from the 

3 confluence of the Owyhee River to the upstream 

4 boundary of the Owyhee River Wilderness, to be ad5 ministered by the Secretary of the Interior as a wild 

6 river. 

7 ‘‘(171) BIG JACKS CREEK, IDAHO.—The 35.0 

8 miles of Big Jacks Creek in the State of Idaho from 

9 the downstream border of the Big Jacks Creek Wil10 derness in sec. 8, T. 8 S., R. 4 E., to the point at 

which it enters the NW1 11 ⁄4 of sec. 26, T. 10 S., R. 

12 2 E., Boise Meridian, Idaho, to be administered by 

13 the Secretary of the Interior as a wild river. 

14 ‘‘(172) BRUNEAU RIVER, IDAHO.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the 39.3-mile segment of the 

17 Bruneau River from the downstream boundary 

18 of the Bruneau-Jarbidge Wilderness to the up19 stream confluence with the west fork of the 

20 Bruneau River and the Jarbidge River, to be 

21 administered by the Secretary of the Interior as 

22 a wild river. 

23 ‘‘(B) EXCEPTION.—Notwithstanding sub24 paragraph (A), the .6-mile segment of the 

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1 lic road access shall be administered by the Sec2 retary of the Interior as a recreational river. 

3 ‘‘(173) WEST FORK OF THE BRUNEAU RIVER, 

4 IDAHO.—The 6.2 miles of the West Fork of the 

5 Bruneau River in the State of Idaho from the con6 fluence with the Jarbidge River to the upstream 

7 Bruneau-Jarbidge Rivers Wilderness border, to be 

8 administered by the Secretary of the Interior as a 

9 wild river. 

10 ‘‘(174) CAMAS CREEK, IDAHO.—The 3.0 miles 

11 of Camas Creek in the State of Idaho from the con12 fluence with Pole Creek to the east boundary of sec. 

13 26, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be 

14 administered by the Secretary of the Interior as a 

15 scenic river. 

16 ‘‘(175) COTTONWOOD CREEK, IDAHO.—The 2.6 

17 miles of Cottonwood Creek in the State of Idaho 

18 from the confluence with Big Jacks Creek to the up19 stream boundary of the Big Jacks Creek Wilderness, 

20 to be administered by the Secretary of the Interior 

21 as a wild river. 

22 ‘‘(176) DEEP CREEK, IDAHO.—The following 

23 segments of Deep Creek in the State of Idaho, to be 

24 administered by the Secretary of the Interior: 


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1 ‘‘(A) The 13.1-mile segment of Deep Creek 

2 from the confluence with the Owyhee River to 

3 the upstream boundary of the Owyhee River 

4 Wilderness in sec. 30, T. 12 S., R. 2 W., Boise 

5 Meridian, Idaho, as a wild river. 

6 ‘‘(B) The 26.4-mile segment of Deep Creek 

7 from the boundary of Owyhee River Wilderness 

8 in sec. 30, T. 12 S., R. 2 W., Boise Meridian, 

9 Idaho, to the upstream crossing of Mud Flat 

10 Road, as a scenic river. 

11 ‘‘(177) DICKSHOOTER CREEK, IDAHO.—The 

12 11.0 miles of Dickshooter Creek in the State of 

13 Idaho from the confluence with Deep Creek to the 

14 upstream boundary of the Owyhee River Wilderness, 

15 to be administered by the Secretary of the Interior 

16 as a wild river. 

17 ‘‘(178) DUNCAN CREEK, IDAHO.—The following 

18 segments of Duncan Creek in the State of Idaho, to 

19 be administered by the Secretary of the Interior: 

20 ‘‘(A) The 5.2-mile segment of Duncan 

21 Creek from the eastern boundary of sec. 18, T. 

22 10 S., R. 4 E., Boise Meridian, Idaho, upstream to the NW1 23 ⁄4 of sec. 1, T. 11 S., R. 3 

24 E., Boise Meridian, Idaho, as a scenic river. 


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1 ‘‘(B) The 0.9-mile segment of Duncan 

2 Creek from the confluence with Big Jacks 

3 Creek upstream to the beginning of the Duncan 

4 Creek Scenic River segment, as a wild river. 

5 ‘‘(179) JARBIDGE RIVER, IDAHO.—The 28.8 

6 miles of the Jarbidge River in the State of Idaho 

7 from the confluence with the West Fork Bruneau 

8 River to the upstream boundary of the Bruneau9 Jarbidge Rivers Wilderness, to be administered by 

10 the Secretary of the Interior as a wild river. 

11 ‘‘(180) LITTLE JACKS CREEK, IDAHO.—The 

12 13.2 miles of Little Jacks Creek in the State of 

13 Idaho from the downstream boundary of the Little 

Jacks Creek Wilderness, upstream to the NW1 14 ⁄4 of 

15 sec. 27, T. 9 S., R. 2 E., Boise Meridian, Idaho, to 

16 be administered by the Secretary of the Interior as 

17 a wild river. 

18 ‘‘(181) LITTLE OWYHEE, IDAHO.—The 11.0 

19 miles of the Little Owyhee in the State of Idaho 

20 from the confluence with the South Fork of the 

21 Owyhee River to the upstream boundary of the 

22 Owyhee River Wilderness, to be administered by the 

23 Secretary of the Interior as a wild river. 

24 ‘‘(182) NORTH FORK OF THE OWYHEE RIVER, 

25 IDAHO.—The following segments of the North Fork 


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1 of the Owyhee River in the State of Idaho, to be ad2 ministered by the Secretary of the Interior: 

3 ‘‘(A) The 5.7-mile segment of the North 

4 Fork of the Owyhee River from the Idaho-Or5 egon State border to the Wild River segment of 

6 the North Fork of the Owyhee River, as a rec7 reational river. 

8 ‘‘(B) The 15.1-mile segment of the North 

9 Fork of the Owyhee River from the western/ 

10 downstream boundary of the North Fork 

11 Owyhee River Wilderness to the northern/up12 stream boundary of the North Fork Owyhee 

13 River Wilderness, as a wild river. 

14 ‘‘(183) OX PRONG, IDAHO.—The 1.3 miles of 

15 the Ox Prong in the State of Idaho from the con16 fluence with Little Jacks Creek to the upstream 

17 boundary of the Little Jacks Creek Wilderness, to be 

18 administered by the Secretary of the Interior as a 

19 wild river. 

20 ‘‘(184) OWYHEE RIVER, IDAHO.—The 67.3 

21 miles of the Owyhee River in the State of Idaho 

22 from the Idaho-Oregon State border to the upstream 

23 boundary of the Owyhee River Wilderness, to be ad24 ministered by the Secretary of the Interior as a wild 

25 river, subject to the conditions that— 


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1 ‘‘(A) motorized access shall be permitted 

2 at Crutchers Crossing; and 

3 ‘‘(B) any crossing shall remain 

4 unconstructed. 

5 ‘‘(185) POLE CREEK, IDAHO.—The 14.3 miles 

6 of Pole Creek in the State of Idaho from the con7 fluence with Deep Creek upstream to the south 

8 boundary of sec. 16, T. 10 S., R. 2 W., Boise Merid9 ian, Idaho, to be administered by the Secretary of 

10 the Interior as a scenic river. 

11 ‘‘(186) RED CANYON, IDAHO.—The 4.6 miles of 

12 Red Canyon in the State of Idaho from the con13 fluence of the Owyhee River to the upstream bound14 ary of the Owyhee River Wilderness, to be adminis15 tered by the Secretary of the Interior as a wild river. 

16 ‘‘(187) SHEEP CREEK, IDAHO.—The 25.6 miles 

17 of Sheep Creek in the State of Idaho from the con18 fluence with the Bruneau River to the upstream 

19 boundary of the Bruneau-Jarbidge Rivers Wilder20 ness, to be administered by the Secretary of the In21 terior as a wild river. 

22 ‘‘(188) SOUTH FORK OF THE OWYHEE RIVER, 

23 IDAHO.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), the 31.4-mile segment of the 


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1 South Fork of the Owyhee River from the con2 fluence with the Owyhee River to the upstream 

3 boundary of the Owyhee River Wilderness at 

4 the Idaho-Nevada State border shall be admin5 istered by the Secretary of the Interior as a 

6 wild river. 

7 ‘‘(B) EXCEPTION.—Notwithstanding sub8 paragraph (A), the 1.2-mile segment of the 

9 South Fork of the Owyhee River across the pri10 vate lands in secs. 25 and 36, T. 14 S., R. 5 

11 W., Boise Meridian, Idaho, shall be adminis12 tered by the Secretary of the Interior as a rec13 reational river. 

14 ‘‘(189) WICKAHONEY, IDAHO.—The 1.5 miles 

15 of Wickahoney Creek in the State of Idaho from the 

16 confluence of Big Jacks Creek to the upstream 

17 boundary of the Big Jacks Creek Wilderness, to be 

18 administered by the Secretary of the Interior as a 

19 wild river.’’. 

20 (c) EXTENT OF BOUNDARIES.—Notwithstanding sec21 tion 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 

22 1274(b)), the boundaries of the wild and scenic river cor23 ridor for a river designated as a wild and scenic river by 

24 any of paragraphs (170) through (189) of section 3(a) of 


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1 that Act (16 U.S.C. 1274(a)) (as added by subsection (b)) 

2 shall be the ordinary high water mark. 

3 (d) MAPS AND LEGAL DESCRIPTIONS.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary 

6 shall submit to the Committee on Energy and Nat7 ural Resources of the Senate and the Committee on 

8 Resources of the House of Representatives the map 

9 and legal description of each segment of a river des10 ignated as a wild and scenic river under this section 

11 or an amendment made by this section. 

12 (2) EFFECT.—Each map and legal description 

13 submitted under paragraph (1) shall have the same 

14 force and effect as if included in this Act, except 

15 that the Secretary may correct any minor errors in 

16 the maps and legal descriptions. 

17 (3) AVAILABILITY OF MAPS.—The maps sub18 mitted under paragraph (1) shall be available for 

19 public inspection in— 

20 (A) the offices of the Idaho State Director 

21 of the Bureau; and 

22 (B) the offices of the Boise and Twin Falls 

23 districts of the Bureau. 

24 (e) WATER RIGHTS.—Water Rights relating to a seg25 ment of a river designated as a wild and scenic river under 


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1 any of paragraphs (170) through (189) of section 3(a) of 

2 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

3 added by subsection (b)) shall be reserved in accordance 

4 with— 

5 (1) the provisions of that Act (16 U.S.C. 1271 

6 et seq.); 

7 (2) the laws and regulations of the State; and 

8 (3) the Owyhee Initiative Agreement. 

9 SEC. 203. ADMINISTRATION OF WILDERNESS AND WILD 

10 AND SCENIC RIVERS. 

11 (a) MANAGEMENT.—Subject to valid existing rights, 

12 each area designated as wilderness by section 201 shall 

13 be administered by the Secretary in accordance with the 

14 Wilderness Act (16 U.S.C. 1131 et seq.), except that— 

15 (1) any reference in that Act to the effective 

16 date shall be considered to be a reference to the date 

17 of enactment of this Act; and 

18 (2) any reference in that Act to the Secretary 

19 of Agriculture shall be considered to be a reference 

20 to the Secretary of the Interior with respect to land 

21 administered by the Secretary of the Interior. 

22 (b) INVENTORY.—In accordance with the Owyhee Ini23 tiative Agreement, not later than 1 year after the date 

24 on which a wilderness is designated under section 201, the 


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1 Bureau shall conduct an inventory of wilderness grazing 

2 management facilities and activities in the wilderness. 

3 (c) LIVESTOCK.—In the wilderness areas designated 

4 by section 201 that are administered by the Bureau, the 

5 grazing of livestock in areas in which grazing is estab6 lished as of the date of enactment of this Act shall be 

7 allowed to continue, subject to such reasonable regula8 tions, policies, and practices as the Secretary considers 

9 necessary, consistent with section 4(d)(4) of the Wilder10 ness Act (16 U.S.C. 1133(d)(4)) and the guidelines de11 scribed in Appendix A of House Report 101–405. 

12 (d) RECREATIONAL SADDLE AND PACK STOCK.— 

13 Nothing in this Act precludes horseback riding or the use 

14 of recreational saddle or pack stock in any wilderness des15 ignated by section 201. 

16 (e) OUTFITTING AND GUIDING ACTIVITIES.— 

17 (1) IN GENERAL.—Consistent with section 

18 4(d)(6) of the Wilderness Act (16 U.S.C. 

19 1133(d)(6)) and subject to any regulations that the 

20 Secretary determines to be necessary, the Secretary 

21 shall permit the continuation of outfitting and guid22 ing activities in any wilderness designated by section 

23 201. 

24 (2) EFFECT OF DESIGNATION.—Designation of 

25 an area as wilderness areas under section 201 shall 


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1 not require the Secretary to limit the conduct of out2 fitting activities or the use of the system of reserved 

3 camps and allocated river launches designated for 

4 use by members of the public that use outfitter serv5 ices that are in existence before the date of enact6 ment of this Act. 

7 (f) ACCESS TO NON-FEDERAL LAND.—Nothing in 

8 this Act denies an owner of non-Federal land the right 

9 to access the land. 

10 (g) ROADS ADJACENT TO WILDERNESS.—With re11 spect to any road adjacent to a wilderness designated by 

12 section 201 (as depicted on the applicable map), the 

13 boundary of the wilderness shall be— 

14 (1) 100 feet from the center line for a primary 

15 road; 

16 (2) 50 feet from the center line for a primitive 

17 wilderness boundary road; and 

18 (3) 30 feet on either side of the center line for 

19 an interior wilderness division or cherrystem road. 

20 (h) WILDLIFE MANAGEMENT.— 

21 (1) IN GENERAL.—In accordance with section 

22 4(d)(7) of the Wilderness Act (16 U.S.C. 

23 1133(d)(7)), nothing in this title affects or dimin24 ishes the jurisdiction of the State with respect to 

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1 tion of hunting, fishing, and trapping in any wilder2 ness designated by section 201. 

3 (2) MANAGEMENT ACTIVITIES.— 

4 (A) IN GENERAL.—In furtherance of the 

5 purposes and principles of the Wilderness Act 

6 (16 U.S.C. 1131 et seq.), management activities 

7 to maintain or restore fish and wildlife popu8 lations and the habitats necessary to support 

9 such populations may be carried out in any wil10 derness designated by section 201, if the man11 agement activities are— 

12 (i) consistent with relevant wilderness 

13 management plans; and 

14 (ii) conducted in accordance with ap15 propriate policies, such as the policies es16 tablished in Appendix B of House Report 

17 101–405. 

18 (B) INCLUSIONS.—Management activities 

19 under subparagraph (A) may include the occa20 sional and temporary use of motorized vehicles, 

21 if the use, as determined by the Secretary, 

22 would promote healthy, viable, and more natu23 rally distributed wildlife populations that would 

24 enhance wilderness values while causing the 


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1 minimum impact necessary to accomplish the 

2 promotion of such outcomes. 

3 (3) EXISTING ACTIVITIES.—Consistent with 

4 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

5 1133(d)(1)) and in accordance with appropriate poli6 cies, such as those established in Appendix B of 

7 House Report 101–405, the State may continue to 

8 use aircraft (including helicopters) in the wilderness 

9 areas designated by section 201 to survey, capture, 

10 transplant, monitor, and provide water for wildlife 

11 populations, including bighorn sheep and feral stock, 

12 horses, and burros. 

13 (i) WILDFIRE MANAGEMENT.—Consistent with sec14 tion 4 of the Wilderness Act (16 U.S.C. 1133), nothing 

15 in this title precludes a Federal, State, or local agency 

16 from conducting wildfire management operations (includ17 ing operations using aircraft or mechanized equipment) to 

18 manage wildfires in any wilderness designated by section 

19 201. 

20 (j) INCORPORATION OF ACQUIRED LAND AND INTER21 ESTS.—Any land or interest within the perimeter of, or 

22 adjacent to, an area designated as a wilderness by section 

23 201 or any land or interest described in section 204 that 

24 is acquired by the United States after the date of enact25 ment of this Act shall be added to and administered as 


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1 part of the wilderness within which the acquired land or 

2 interest is located. 

3 (k) ADJACENT MANAGEMENT.— 

4 (1) IN GENERAL.—The designation of a wilder5 ness by section 201 shall not create any protective 

6 perimeters or buffer zones around the wilderness. 

7 (2) NONWILDERNESS ACTIVITIES.—The fact 

8 that nonwilderness activities or uses can be seen or 

9 heard from areas within a wilderness or wild and 

10 scenic river designated under this section shall not 

11 preclude the conduct of those activities or uses out12 side the boundary of the wilderness or wild and sce13 nic river. 

14 (l) MILITARY OVERFLIGHTS.—Nothing in this sec15 tion restricts or precludes— 

16 (1) low-level overflights and operations of mili17 tary aircraft, helicopters, missiles, or unmanned aer18 ial vehicles over the areas designated as a wilderness 

19 by section 201, including military overflights that 

20 can be seen or heard within the wilderness or wild 

21 and scenic river areas; 

22 (2) flight testing and evaluation; 

23 (3) the designation or creation of new units of 

24 special use airspace, the expansion of units of special 

25 use airspace in existence on the date of enactment 


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1 of this Act, or the use or establishment of military 

2 flight training routes over the wilderness or wild and 

3 scenic river areas; or 

4 (4) emergency access and response. 

5 (m) WATER RIGHTS.—In accordance with section 

6 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)), 

7 nothing in this Act provides an express or implied claim 

8 or denial of the Federal Government with respect to any 

9 exemption from water laws of the State. 

10 SEC. 204. LAND EXCHANGES AND ACQUISITIONS AND GRAZ11 ING PREFERENCES. 

12 (a) EXCHANGES AND ACQUISITIONS.— 

13 (1) FINDINGS.—Congress finds that— 

14 (A) the consolidation of land ownership 

15 would facilitate sound and efficient manage16 ment for public and private land and serve im17 portant public objectives, including— 

18 (i) the enhancement of public access, 

19 aesthetics, and recreational opportunities 

20 within and adjacent to designated wilder21 ness and wild and scenic river areas; and 

22 (ii) the protection and enhancement of 

23 wildlife habitat, including sensitive species; 

24 (B) time is of the essence in completing 

25 appropriate land exchanges because further 


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1 delays may force landowners to construct roads 

2 in, develop, or sell private land inholdings, and 

3 diminish the public values for which the private 

4 land is to be acquired; and 

5 (C) it is in the public interest to complete 

6 the land exchanges at the earliest practicable 

7 date so that the land acquired by the United 

8 States can be preserved for protection of wilder9 ness character, wildlife habitat, and permanent 

10 public use and enjoyment. 

11 (2) AUTHORIZATION.—The Secretary may ac12 quire, by purchase or other exchange, any land or 

13 interest offered by an owner under paragraph (3), 

14 subject to the conditions described in paragraph (4). 

15 (3) OFFERS TO CONVEY.— 

16 (A) IN GENERAL.—An owner of land or an 

17 interest identified under the document entitled 

18 ‘‘Land Exchanges and Acquisitions’’ and dated 

19 September 1, 2006, may offer to convey the 

20 land or interest to the Secretary by purchase or 

21 exchange if the owner has submitted to the Sec22 retary, on or before the date of enactment of 

23 this Act— 

24 (i) a written notice of the intent to ex25 change or sell the land or interest; 


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1 (ii) an identification of each parcel of 

2 land and each interest to be exchanged or 

3 sold; 

4 (iii) a description of the value of each 

5 parcel of land and each interest as de6 scribed in that document; and 

7 (iv) in the case of an exchange, a de8 scription of the Federal land sought for 

9 the exchange. 

10 (B) CONVEYANCE BY SALE.— 

11 (i) IN GENERAL.—Subject to the 

12 availability of funds, the Secretary shall 

13 acquire any land or interests offered for 

14 purchase under subparagraph (A) as soon 

15 as practicable after the date of enactment 

16 of this Act. 

17 (ii) ELECTION TO RECEIVE CASH.—If 

18 an owner makes an election under sub19 paragraph (C)(iii)(II), the Secretary shall 

20 acquire by sale the land or interest of the 

21 owner as soon as practicable after the date 

22 on which the Secretary receives a notice of 

23 the election of the owner. 

24 (C) CONVEYANCE BY DIRECT EX25 CHANGE.— 


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1 (i) IN GENERAL.—On the election of 

2 an owner that has submitted an appro3 priate notice under subparagraph (A)(i), 

4 the Secretary may acquire land or property 

5 interests identified as eligible for exchange 

6 in the document entitled ‘‘Land Exchanges 

7 and Acquisitions’’ and dated September 1, 

8 2006, in exchange for Federal land that 

9 is— 

10 (I) of equal value to the land or 

11 property interests, as determined by 

12 appraisals of the applicable Federal 

13 land, with or without development 

14 rights; 

15 (II) located in the County; and 

16 (III) described in the document 

17 referred to in subparagraph (A). 

18 (ii) ACTION BY SECRETARY.—Not 

19 later than 60 days after the date on which 

20 the appraisals of applicable land are com21 pleted, the Secretary shall offer to enter 

22 into an exchange under this subparagraph 

23 with each appropriate owner of land or a 

24 property interest offered for exchange 

25 under subparagraph (A). 


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1 (iii) DECISIONS BY OWNERS.—Not 

2 later than 60 days after the date on which 

3 the appraisals of applicable land are com4 pleted, an owner of land or a property in5 terest subject to an exchange under this 

6 subparagraph may elect— 

7 (I) to waive any applicable devel8 opment right relating to the Federal 

9 land to be exchanged, subject to the 

10 adjustment of the exchange to achieve 

11 like values; 

12 (II) to receive cash in lieu of 

13 Federal land for all or any portion of 

14 the land or property interest to be ex15 changed; or 

16 (III) to withdraw from participa17 tion in any exchange program. 

18 (iv) APPLICABILITY OF OTHER LAW.— 

19 Except as otherwise provided in this sec20 tion, each exchange of Federal land under 

21 this section shall be subject to laws (in22 cluding regulations) applicable to the con23 veyance and acquisition of land under the 

24 jurisdiction of the Bureau of Land Man25 agement. 


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1 (D) FACILITATED LAND EXCHANGES.— 

2 (i) IN GENERAL.—Not later than 30 

3 days after the date of enactment of this 

4 Act, the Secretary shall offer to enter into 

5 a facilitated land exchange in accordance 

6 with subparagraph (A) and conducted 

7 through a land exchange facilitator to be 

8 designated by the Board. 

9 (ii) EXCHANGE OFFER.— 

10 (I) IN GENERAL.—Not later than 

11 60 days after the date on which the 

12 appraisals of applicable land are com13 pleted, the land exchange facilitator 

14 shall submit to the Secretary an offer 

15 to exchange private land for Federal 

16 land in the County. 

17 (II) REQUIREMENT.—An offer to 

18 exchange under subclause (I) shall 

19 demonstrate that the appraised value 

20 of the private land is equal or ap21 proximately equal to the appraised 

22 value, with or without development 

23 rights, of the Federal land offered for 

24 exchange. 

25 (4) CONDITIONS.— 


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1 (A) TITLE.—Title to any private land con2 veyed under this subsection shall— 

3 (i) be acceptable to the Secretary; and 

4 (ii) conform with title approval stand5 ards applicable to Federal land acquisi6 tions. 

7 (B) VALID EXISTING RIGHTS.—Convey8 ances under this subsection shall be subject to 

9 valid existing rights of record. 

10 (5) EFFECT OF SUBSECTION.—Nothing in this 

11 subsection— 

12 (A) creates any compensable property right 

13 or title with respect to grazing preferences; or 

14 (B) affects any public access route on Fed15 eral land exchanged under this subsection. 

16 (b) GRAZING PREFERENCES.— 

17 (1) IN GENERAL.—A holder of a valid grazing 

18 preference with respect to all or a portion of any 

19 Federal land designated by this Act as a wilderness 

20 may voluntarily offer to the Secretary for sale or do21 nation all or any portion of the grazing preference. 

22 (2) NOTICE.—To offer a grazing preference for 

23 sale or donation under paragraph (1), the holder of 

24 the grazing preference shall submit to the Secretary 


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1 a written notice of the intent of the holder, includ2 ing— 

3 (A) a description of the Federal land to 

4 which the grazing preference applies; and 

5 (B) the date on which the holder will relin6 quish use of the grazing preference, which shall 

7 be not later than 1 year after the date on which 

8 the notice is submitted. 

9 (3) CONSIDERATION.—The Secretary shall pro10 vide to a holder that offers a grazing preference for 

11 sale under paragraph (1) consideration in accord12 ance with the schedule of payments described in the 

13 document described in subsection (a)(3)(A). 

14 (4) CANCELLATION AND RETIREMENT OF LIVE15 STOCK GRAZING.—Beginning on the date identified 

16 under paragraph (2)(B)— 

17 (A) the applicable grazing preference shall 

18 be canceled; and 

19 (B) the associated livestock grazing shall 

20 be permanently retired. 

21 (5) FENCING.—The Secretary shall install and 

22 maintain any fencing and other structures required 

23 to prevent grazing use of any Federal land on which 

24 a grazing preference has been voluntarily sold or do25 nated under this subsection. 


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1 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Bu3 reau such sums as are necessary to carry out this title. 

4 TITLE III—TRANSPORTATION 

5 AND RECREATION MANAGE6 MENT 

7 SEC. 301. TRANSPORTATION PLANS. 

8 (a) IN GENERAL.—The Bureau shall develop and im9 plement transportation plans for land managed by the Bu10 reau outside of wilderness areas in the County. 

11 (b) CONSULTATION AND COORDINATION.—The 

12 transportation plans and cooperative agreements shall be 

13 developed in consultation and coordination with appro14 priate Federal Government entities, tribal government en15 tities, and State and local government entities consistent 

16 with— 

17 (1) the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1701 et seq.); 

19 (2) the National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.); and 

21 (3) any other applicable laws. 

22 (c) INCLUSIONS.—The Bureau shall ensure that all 

23 areas of the County managed by the Bureau, including 

24 areas that are remote and rarely used for motorized recre25 ation, are included and in transportation plans developed 

26 under subsection (a) to— 


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1 (1) provide for management of anticipated 

2 growth in recreational use of the land; and 

3 (2) develop a system to provide a wide range of 

4 recreational opportunities and experiences for all 

5 users. 

6 (d) LIMITATION.—Transportation plans under sub7 section (a) shall not affect the status of any road adjacent 

8 to any wilderness (as depicted on the applicable map). 

9 (e) SYSTEM OF ROUTES.— 

10 (1) IN GENERAL.—Each transportation plan 

11 under subsection (a) shall— 

12 (A) establish a system of designated roads 

13 and trails; 

14 (B) include a multiple use recreational 

15 trail system, that provides a wide range of rec16 reational opportunities and experiences for all 

17 users while protecting natural and cultural re18 sources; 

19 (C) limit the use of motorized and mecha20 nized vehicles to designated roads and trails; 

21 (D) address use of snow vehicles on roads, 

22 trails, and areas designated for such use; 

23 (E) be based on resource and route inven24 tories; 


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1 (F) include designation of routes and route 

2 systems that are open or closed; and 

3 (G) include provisions relating to, with re4 spect to the applicable land— 

5 (i) trail construction and reconstruc6 tion; 

7 (ii) road and trail closure; 

8 (iii) seasonal closures or restrictions; 

9 (iv) restoration of disturbed areas; 

10 (v) monitoring; 

11 (vi) maintenance; 

12 (vii) maps; 

13 (viii) signs; 

14 (ix) education; and 

15 (x) enforcement. 

16 (2) TEMPORARY LIMITATION.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (B), until the date on which the 

19 Bureau completes transportation planning, all 

20 recreational motorized and mechanized off-high21 way vehicle use shall be limited to roads and 

22 trails in existence on the day before the date of 

23 enactment of this Act. 

24 (B) EXCEPTIONS.— 


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1 (i) IN GENERAL.—Subparagraph (A) 

2 shall not apply to areas specifically identi3 fied as open, closed, or limited under the 

4 Owyhee resource management plan. 

5 (ii) HEMMINGWAY BUTTE AREA.— 

6 Notwithstanding subparagraph (A), the 

7 Bureau may take into consideration main8 taining the Hemmingway Butte area as 

9 open to cross-country travel. 

10 (f) SCHEDULE.— 

11 (1) OWYHEE FRONT.—Not later than 1 year 

12 after the date of enactment of this Act, the Bureau 

13 shall complete a transportation plan for the Owyhee 

14 Front. 

15 (2) OTHER FEDERAL LANDS IN THE COUNTY.— 

16 Not later than 3 years after the date of enactment 

17 of this Act, the Bureau shall complete a transpor18 tation plan for Federal land in the County outside 

19 the Owyhee Front. 

20 SEC. 302. AUTHORITY. 

21 Transportation and travel management under this 

22 title shall not affect the authority of the Bureau to man23 age or regulate off-highway vehicle use under title 43, 

24 Code of Federal Regulations (as in effect on September 

25 25, 2005). 


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1 SEC. 303. COOPERATIVE AGREEMENTS. 

2 (a) IN GENERAL.—As soon as practicable, after the 

3 date of enactment of this Act, the Bureau shall offer to 

4 enter into cooperative agreements with the County— 

5 (1) to establish a cooperative search and rescue 

6 program; and 

7 (2) to implement and enforce the transportation 

8 plans described in this section. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Bureau such 

11 sums as are necessary— 

12 (1) to carry out search and rescue operations in 

13 the County; and 

14 (2) to develop, implement, and enforce off-high15 way motor vehicle transportation plans under this 

16 section. 

17 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Bu19 reau such sums as are necessary to accelerate completion 

20 and implementation by the Bureau of the transportation 

21 plan for the Owyhee Front and subsequent transportation 

22 plans for the remainder of the County. 

23 TITLE IV—CULTURAL 

24 RESOURCES 

25 SEC. 401. FINDINGS. 

26 Congress finds that— 


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1 (1) the County is rich in history and culture 

2 going back thousands of years; 

3 (2) the cultural and historical resources impor4 tant to the people and ancestors of the Tribes must 

5 be protected against abuse and desecration, whether 

6 intentional or unintentional; 

7 (3) there are opportunities— 

8 (A) to increase knowledge of cultural re9 sources; 

10 (B) to monitor influences from outside 

11 forces; and 

12 (C) to improve the inspection and super13 vision of major cultural sites; 

14 (4) inventory and monitoring programs that 

15 identify and document cultural sites and the condi16 tion of those sites over time would— 

17 (A) assist in ensuring the preservation of 

18 the sites; and 

19 (B) help to focus resources— 

20 (i) to ensure compliance with prohibi21 tions against destruction and or removal of 

22 cultural items; and 

23 (ii) to prevent inadvertent negative 

24 impacts; 

25 (5) the Owyhee Initiative Agreement will— 


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1 (A) support a broad range of measures to 

2 protect cultural sites and resources important 

3 to the continuation of the traditions and beliefs 

4 of the Tribes; and 

5 (B) provide for the implementation of the 

6 Plan; and 

7 (6) the implementation of the Plan should— 

8 (A) be consistent with the Indian Self-De9 termination and Education Assistance Act (25 

10 U.S.C. 450 et seq.); and 

11 (B) recognize that— 

12 (i) the right of Indians to self-govern13 ment results from the inherent sovereignty 

14 of Indian tribes; and 

15 (ii) the United States— 

16 (I) has a special and unique legal 

17 and political relationship with feder18 ally recognized Indian tribes; and 

19 (II) is obligated to develop a gov20 ernment-to-government relationship 

21 with Indian tribes under the Constitu22 tion, treaties, Federal law, and the 

23 course of dealings with Indian tribes. 

24 SEC. 402. IMPLEMENTATION. 

25 The Tribes shall implement the Plan. 


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1 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Tribes 

3 to carry out this title— 

4 (1) $900,000 for fiscal year 2008; and 

5 (2) $900,000 for each of fiscal years 2009 

6 through 2012. 

Æ 


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