II 

109TH CONGRESS 

2D SESSION S. 3794 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2006 

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 2006’’. 

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 the last paragraph (relat17 ing to the White Salmon River, Washington) as 

18 paragraph (167); and 

19 (2) by adding at the end the following: 

20 ‘‘(168) BATTLE CREEK, IDAHO.—The 23.4 

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

22 confluence of the Owyhee River 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. 


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1 ‘‘(169) BIG JACKS CREEK, IDAHO.—The 35.0 

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

3 the downstream border of the Big Jacks Creek Wil4 derness in sec. 8, T. 8 S., R. 4 E., to the point at 

which it enters the NW1 5 ⁄4 of sec. 26, T. 10 S., R. 

6 2 E., Boise Meridian, Idaho, to be administered by 

7 the Secretary of the Interior as a wild river. 

8 ‘‘(170) BRUNEAU RIVER, IDAHO.— 

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

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

11 Bruneau River from the downstream boundary 

12 of the Bruneau-Jarbidge Wilderness to the up13 stream confluence with the west fork of the 

14 Bruneau River and the Jarbidge River, to be 

15 administered by the Secretary of the Interior as 

16 a wild river. 

17 ‘‘(B) EXCEPTION.—Notwithstanding sub18 paragraph (A), the .6-mile segment of the 

19 Bruneau River at the Indian Hot Springs pub20 lic road access shall be administered by the Sec21 retary of the Interior as a recreational river. 

22 ‘‘(171) WEST FORK OF THE BRUNEAU RIVER, 

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

24 Bruneau River in the State of Idaho from the con25 fluence with the Jarbidge River to the upstream 


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1 Bruneau-Jarbidge Rivers Wilderness border, to be 

2 administered by the Secretary of the Interior as a 

3 wild river. 

4 ‘‘(172) CAMAS CREEK, IDAHO.—The 3.0 miles 

5 of Camas Creek in the State of Idaho from the con6 fluence with Pole Creek to the east boundary of sec. 

7 26, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be 

8 administered by the Secretary of the Interior as a 

9 scenic river. 

10 ‘‘(173) COTTONWOOD CREEK, IDAHO.—The 2.6 

11 miles of Cottonwood Creek in the State of Idaho 

12 from the confluence with Big Jacks Creek to the up13 stream boundary of the Big Jacks Creek Wilderness, 

14 to be administered by the Secretary of the Interior 

15 as a wild river. 

16 ‘‘(174) DEEP CREEK, IDAHO.—The following 

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

18 administered by the Secretary of the Interior: 

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

20 from the confluence with the Owyhee River to 

21 the upstream boundary of the Owyhee River 

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

23 Meridian, Idaho, as a wild river. 

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

25 from the boundary of Owyhee River Wilderness 


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

2 Idaho, to the upstream crossing of Mud Flat 

3 Road, as a scenic river. 

4 ‘‘(175) DICKSHOOTER CREEK, IDAHO.—The 

5 11.0 miles of Dickshooter Creek in the State of 

6 Idaho from the confluence with Deep Creek to the 

7 upstream boundary of the Owyhee River Wilderness, 

8 to be administered by the Secretary of the Interior 

9 as a wild river. 

10 ‘‘(176) DUNCAN CREEK, IDAHO.—The following 

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

12 be administered by the Secretary of the Interior: 

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

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

15 10 S., R. 4 E., Boise Meridian, Idaho, upstream to the NW1 16 ⁄4 of sec. 1, T. 11 S., R. 3 

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

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

19 Creek from the confluence with Big Jacks 

20 Creek upstream to the beginning of the Duncan 

21 Creek Scenic River segment, as a wild river. 

22 ‘‘(177) JARBIDGE RIVER, IDAHO.—The 28.8 

23 miles of the Jarbidge River in the State of Idaho 

24 from the confluence with the West Fork Bruneau 

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1 Jarbidge Rivers Wilderness, to be administered by 

2 the Secretary of the Interior as a wild river. 

3 ‘‘(178) LITTLE JACKS CREEK, IDAHO.—The 

4 13.2 miles of Little Jacks Creek in the State of 

5 Idaho from the downstream boundary of the Little 

Jacks Creek Wilderness, upstream to the NW1 6 ⁄4 of 

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

8 be administered by the Secretary of the Interior as 

9 a wild river. 

10 ‘‘(179) LITTLE OWYHEE, IDAHO.—The 11.0 

11 miles of the Little Owyhee in the State of Idaho 

12 from the confluence with the South Fork of the 

13 Owyhee River to the upstream boundary of the 

14 Owyhee River Wilderness, to be administered by the 

15 Secretary of the Interior as a wild river. 

16 ‘‘(180) NORTH FORK OF THE OWYHEE RIVER, 

17 IDAHO.—The following segments of the North Fork 

18 of the Owyhee River in the State of Idaho, to be ad19 ministered by the Secretary of the Interior: 

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

21 Fork of the Owyhee River from the Idaho-Or22 egon State border to the Wild River segment of 

23 the North Fork of the Owyhee River, as a rec24 reational river. 


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

2 Fork of the Owyhee River from the western/ 

3 downstream boundary of the North Fork 

4 Owyhee River Wilderness to the northern/up5 stream boundary of the North Fork Owyhee 

6 River Wilderness, as a wild river. 

7 ‘‘(181) OX PRONG, IDAHO.—The 1.3 miles of 

8 the Ox Prong in the State of Idaho from the con9 fluence with Little Jacks Creek to the upstream 

10 boundary of the Little Jacks Creek Wilderness, to be 

11 administered by the Secretary of the Interior as a 

12 wild river. 

13 ‘‘(182) OWYHEE RIVER, IDAHO.—The 67.3 

14 miles of the Owyhee River in the State of Idaho 

15 from the Idaho-Oregon State border to the upstream 

16 boundary of the Owyhee River Wilderness, to be ad17 ministered by the Secretary of the Interior as a wild 

18 river, subject to the conditions that— 

19 ‘‘(A) motorized access shall be permitted 

20 at Crutchers Crossing; and 

21 ‘‘(B) any crossing shall remain 

22 unconstructed. 

23 ‘‘(183) POLE CREEK, IDAHO.—The 14.3 miles 

24 of Pole Creek in the State of Idaho from the con25 fluence with Deep Creek upstream to the south 


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1 boundary of sec. 16, T. 10 S., R. 2 W., Boise Merid2 ian, Idaho, to be administered by the Secretary of 

3 the Interior as a scenic river. 

4 ‘‘(184) RED CANYON, IDAHO.—The 4.6 miles of 

5 Red Canyon in the State of Idaho from the con6 fluence of the Owyhee River to the upstream bound7 ary of the Owyhee River Wilderness, to be adminis8 tered by the Secretary of the Interior as a wild river. 

9 ‘‘(185) SHEEP CREEK, IDAHO.—The 25.6 miles 

10 of Sheep Creek in the State of Idaho from the con11 fluence with the Bruneau River to the upstream 

12 boundary of the Bruneau-Jarbidge Rivers Wilder13 ness, to be administered by the Secretary of the In14 terior as a wild river. 

15 ‘‘(186) SOUTH FORK OF THE OWYHEE RIVER, 

16 IDAHO.— 

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

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

19 South Fork of the Owyhee River from the con20 fluence with the Owyhee River to the upstream 

21 boundary of the Owyhee River Wilderness at 

22 the Idaho-Nevada State border shall be admin23 istered by the Secretary of the Interior as a 

24 wild river. 


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1 ‘‘(B) EXCEPTION.—Notwithstanding sub2 paragraph (A), the 1.2-mile segment of the 

3 South Fork of the Owyhee River across the pri4 vate lands in secs. 25 and 36, T. 14 S., R. 5 

5 W., Boise Meridian, Idaho, shall be adminis6 tered by the Secretary of the Interior as a rec7 reational river. 

8 ‘‘(187) WICKAHONEY, IDAHO.—The 1.5 miles 

9 of Wickahoney Creek in the State of Idaho from the 

10 confluence of Big Jacks Creek to the upstream 

11 boundary of the Big Jacks Creek Wilderness, to be 

12 administered by the Secretary of the Interior as a 

13 wild river.’’. 

14 (c) EXTENT OF BOUNDARIES.—Notwithstanding sec15 tion 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 

16 1274(b)), the boundaries of the wild and scenic river cor17 ridor for a river designated as a wild and scenic river by 

18 any of paragraphs (168) through (187) of section 3(a) of 

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

20 shall be the ordinary high water mark. 

21 (d) MAPS AND LEGAL DESCRIPTIONS.— 

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

23 the date of enactment of this Act, the Secretary 

24 shall submit to the Committee on Energy and Nat25 ural Resources of the Senate and the Committee on 


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1 Resources of the House of Representatives the map 

2 and legal description of each segment of a river des3 ignated as a wild and scenic river under this section 

4 or an amendment made by this section. 

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

6 submitted under paragraph (1) shall have the same 

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

8 that the Secretary may correct any minor errors in 

9 the maps and legal descriptions. 

10 (3) AVAILABILITY OF MAPS.—The maps sub11 mitted under paragraph (1) shall be available for 

12 public inspection in— 

13 (A) the offices of the Idaho State Director 

14 of the Bureau; and 

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

16 districts of the Bureau. 

17 (e) WATER RIGHTS.—Water Rights relating to a seg18 ment of a river designated as a wild and scenic river under 

19 any of paragraphs (168) through (187) of section 3(a) of 

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

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

22 with— 

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

24 et seq.); 

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


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1 (3) the Owyhee Initiative Agreement. 

2 SEC. 203. ADMINISTRATION OF WILDERNESS AND WILD 

3 AND SCENIC RIVERS. 

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

5 each area designated as wilderness by section 201 shall 

6 be administered by the Secretary in accordance with the 

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

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

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

10 of enactment of this Act; and 

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

12 of Agriculture shall be considered to be a reference 

13 to the Secretary of the Interior with respect to land 

14 administered by the Secretary of the Interior. 

15 (b) INVENTORY.—In accordance with the Owyhee Ini16 tiative Agreement, not later than 1 year after the date 

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

18 Bureau shall conduct an inventory of wilderness grazing 

19 management facilities and activities in the wilderness. 

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

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

22 grazing of livestock in areas in which grazing is estab23 lished as of the date of enactment of this Act shall be 

24 allowed to continue, subject to such reasonable regula25 tions, policies, and practices as the Secretary considers 


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1 necessary, consistent with section 4(d)(4) of the Wilder2 ness Act (16 U.S.C. 1133(d)(4)) and the guidelines de3 scribed in Appendix A of House Report 101–405. 

4 (d) RECREATIONAL SADDLE AND PACK STOCK.— 

5 Nothing in this Act precludes horseback riding or the use 

6 of recreational saddle or pack stock in any wilderness des7 ignated by section 201. 

8 (e) OUTFITTING AND GUIDING ACTIVITIES.— 

9 (1) In general.—Consistent with section 4(d)(6) 

10 of the Wilderness Act (16 U.S.C. 1133(d)(6)) and 

11 subject to any regulations that the Secretary deter12 mines to be necessary, the Secretary shall permit the 

13 continuation of outfitting and guiding activities in 

14 any wilderness designated by section 201. 

15 (2) Effect of designation.—Designation of an 

16 area as wilderness areas under section 201 shall not 

17 require the Secretary to limit the conduct of outfit18 ting activities or the use of the system of reserved 

19 camps and allocated river launches designated for 

20 use by members of the public that use outfitter serv21 ices that are in existence before the date of enact22 ment of this Act. 

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

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

25 to access the land. 


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1 (g) ROADS ADJACENT TO WILDERNESS.—With re2 spect to any road adjacent to a wilderness designated by 

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

4 boundary of the wilderness shall be— 

5 (1) 100 feet from the center line for a primary 

6 road; 

7 (2) 50 feet from the center line for a primitive 

8 wilderness boundary road; and 

9 (3) 30 feet on either side of the center line for 

10 an interior wilderness division or cherrystem road. 

11 (h) WILDLIFE MANAGEMENT.— 

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

13 4(d)(7) of the Wilderness Act (16 U.S.C. 

14 1133(d)(7)), nothing in this title affects or dimin15 ishes the jurisdiction of the State with respect to 

16 fish and wildlife management, including the regula17 tion of hunting, fishing, and trapping in any wilder18 ness designated by section 201. 

19 (2) MANAGEMENT ACTIVITIES.— 

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

21 purposes and principles of the Wilderness Act 

22 (16 U.S.C. 1131 et seq.), management activities 

23 to maintain or restore fish and wildlife popu24 lations and the habitats necessary to support 

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1 derness designated by section 201, if the man2 agement activities are— 

3 (i) consistent with relevant wilderness 

4 management plans; and 

5 (ii) conducted in accordance with ap6 propriate policies, such as the policies es7 tablished in Appendix B of House Report 

8 101–405. 

9 (B) INCLUSIONS.—Management activities 

10 under subparagraph (A) may include the occa11 sional and temporary use of motorized vehicles, 

12 if the use, as determined by the Secretary, 

13 would promote healthy, viable, and more natu14 rally distributed wildlife populations that would 

15 enhance wilderness values while causing the 

16 minimum impact necessary to accomplish the 

17 promotion of such outcomes. 

18 (3) EXISTING ACTIVITIES.—Consistent with 

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

20 1133(d)(1)) and in accordance with appropriate poli21 cies, such as those established in Appendix B of 

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

23 use aircraft (including helicopters) in the wilderness 

24 areas designated by section 201 to survey, capture, 

25 transplant, monitor, and provide water for wildlife 


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1 populations, including bighorn sheep and feral stock, 

2 horses, and burros. 

3 (i) WILDFIRE MANAGEMENT.—Consistent with sec4 tion 4 of the Wilderness Act (16 U.S.C. 1133), nothing 

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

6 from conducting wildfire management operations (includ7 ing operations using aircraft or mechanized equipment) to 

8 manage wildfires in any wilderness designated by section 

9 201. 

10 (j) INCORPORATION OF ACQUIRED LAND AND INTER11 ESTS.—Any land or interest within the perimeter of, or 

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

13 201 or any land or interest described in section 204 that 

14 is acquired by the United States after the date of enact15 ment of this Act shall be added to and administered as 

16 part of the wilderness within which the acquired land or 

17 interest is located. 

18 (k) ADJACENT MANAGEMENT.— 

19 (1) IN GENERAL.—The designation of a wilder20 ness by section 201 shall not create any protective 

21 perimeters or buffer zones around the wilderness. 

22 (2) NONWILDERNESS ACTIVITIES.—The fact 

23 that nonwilderness activities or uses can be seen or 

24 heard from areas within a wilderness or wild and 

25 scenic river designated under this section shall not 


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1 preclude the conduct of those activities or uses out2 side the boundary of the wilderness or wild and sce3 nic river. 

4 (l) MILITARY OVERFLIGHTS.—Nothing in this sec5 tion restricts or precludes— 

6 (1) low-level overflights and operations of mili7 tary aircraft, helicopters, missiles, or unmanned aer8 ial vehicles over the areas designated as a wilderness 

9 by section 201, including military overflights that 

10 can be seen or heard within the wilderness or wild 

11 and scenic river areas; 

12 (2) flight testing and evaluation; 

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

14 special use airspace, the expansion of units of special 

15 use airspace in existence on the date of enactment 

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

17 flight training routes over the wilderness or wild and 

18 scenic river areas; or 

19 (4) emergency access and response. 

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

21 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)), 

22 nothing in this Act provides an express or implied claim 

23 or denial of the Federal Government with respect to any 

24 exemption from water laws of the State. 


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1 SEC. 204. LAND EXCHANGES AND ACQUISITIONS AND GRAZ2 ING PREFERENCES. 

3 (a) EXCHANGES AND ACQUISITIONS.— 

4 (1) FINDINGS.—Congress finds that— 

5 (A) the consolidation of land ownership 

6 would facilitate sound and efficient manage7 ment for public and private land and serve im8 portant public objectives, including— 

9 (i) the enhancement of public access, 

10 aesthetics, and recreational opportunities 

11 within and adjacent to designated wilder12 ness and wild and scenic river areas; and 

13 (ii) the protection and enhancement of 

14 wildlife habitat, including sensitive species; 

15 (B) time is of the essence in completing 

16 appropriate land exchanges because further 

17 delays may force landowners to construct roads 

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

19 diminish the public values for which the private 

20 land is to be acquired; and 

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

22 the land exchanges at the earliest practicable 

23 date so that the land acquired by the United 

24 States can be preserved for protection of wilder25 ness character, wildlife habitat, and permanent 

26 public use and enjoyment. 


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1 (2) AUTHORIZATION.—The Secretary may ac2 quire, by purchase or other exchange, any land or 

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

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

5 (3) OFFERS TO CONVEY.— 

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

7 interest identified under the document entitled 

8 ‘‘Land Exchanges and Acquisitions’’ and dated 

9 September 1, 2006, may offer to convey the 

10 land or interest to the Secretary by purchase or 

11 exchange if the owner has submitted to the Sec12 retary, on or before the date of enactment of 

13 this Act— 

14 (i) a written notice of the intent to ex15 change or sell the land or interest; 

16 (ii) an identification of each parcel of 

17 land and each interest to be exchanged or 

18 sold; 

19 (iii) a description of the value of each 

20 parcel of land and each interest as de21 scribed in that document; and 

22 (iv) in the case of an exchange, a de23 scription of the Federal land sought for 

24 the exchange. 

25 (B) CONVEYANCE BY SALE.— 


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1 (i) IN GENERAL.—Subject to the 

2 availability of funds, the Secretary shall 

3 acquire any land or interests offered for 

4 purchase under subparagraph (A) as soon 

5 as practicable after the date of enactment 

6 of this Act. 

7 (ii) ELECTION TO RECEIVE CASH.—If 

8 an owner makes an election under sub9 paragraph (C)(iii)(II), the Secretary shall 

10 acquire by sale the land or interest of the 

11 owner as soon as practicable after the date 

12 on which the Secretary receives a notice of 

13 the election of the owner. 

14 (C) CONVEYANCE BY DIRECT EX15 CHANGE.— 

16 (i) IN GENERAL.—On the election of 

17 an owner that has submitted an appro18 priate notice under subparagraph (A)(i), 

19 the Secretary may acquire land or property 

20 interests identified as eligible for exchange 

21 in the document entitled ‘‘Land Exchanges 

22 and Acquisitions’’ and dated September 1, 

23 2006, in exchange for Federal land that 

24 is— 


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1 (I) of equal value to the land or 

2 property interests, as determined by 

3 appraisals of the applicable Federal 

4 land, with or without development 

5 rights; 

6 (II) located in the County; and 

7 (III) described in the document 

8 referred to in subparagraph (A). 

9 (ii) ACTION BY SECRETARY.—Not 

10 later than 60 days after the date on which 

11 the appraisals of applicable land are com12 pleted, the Secretary shall offer to enter 

13 into an exchange under this subparagraph 

14 with each appropriate owner of land or a 

15 property interest offered for exchange 

16 under subparagraph (A). 

17 (iii) DECISIONS BY OWNERS.—Not 

18 later than 60 days after the date on which 

19 the appraisals of applicable land are com20 pleted, an owner of land or a property in21 terest subject to an exchange under this 

22 subparagraph may elect— 

23 (I) to waive any applicable devel24 opment right relating to the Federal 

25 land to be exchanged, subject to the 


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1 adjustment of the exchange to achieve 

2 like values; 

3 (II) to receive cash in lieu of 

4 Federal land for all or any portion of 

5 the land or property interest to be ex6 changed; or 

7 (III) to withdraw from participa8 tion in any exchange program. 

9 (iv) APPLICABILITY OF OTHER LAW.— 

10 Except as otherwise provided in this sec11 tion, each exchange of Federal land under 

12 this section shall be subject to laws (in13 cluding regulations) applicable to the con14 veyance and acquisition of land under the 

15 jurisdiction of the Bureau of Land Man16 agement. 

17 (D) FACILITATED LAND EXCHANGES.— 

18 (i) IN GENERAL.—Not later than 30 

19 days after the date of enactment of this 

20 Act, the Secretary shall offer to enter into 

21 a facilitated land exchange in accordance 

22 with subparagraph (A) and conducted 

23 through a land exchange facilitator to be 

24 designated by the Board. 

25 (ii) EXCHANGE OFFER.— 


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•S 3794 IS

1 (I) IN GENERAL.—Not later than 

2 60 days after the date on which the 

3 appraisals of applicable land are com4 pleted, the land exchange facilitator 

5 shall submit to the Secretary an offer 

6 to exchange private land for Federal 

7 land in the County. 

8 (II) REQUIREMENT.—An offer to 

9 exchange under subclause (I) shall 

10 demonstrate that the appraised value 

11 of the private land is equal or ap12 proximately equal to the appraised 

13 value, with or without development 

14 rights, of the Federal land offered for 

15 exchange. 

16 (4) CONDITIONS.— 

17 (A) TITLE.—Title to any private land con18 veyed under this subsection shall— 

19 (i) be acceptable to the Secretary; and 

20 (ii) conform with title approval stand21 ards applicable to Federal land acquisi22 tions. 

23 (B) VALID EXISTING RIGHTS.—Convey24 ances under this subsection shall be subject to 

25 valid existing rights of record. 


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

2 subsection— 

3 (A) creates any compensable property right 

4 or title with respect to grazing preferences; or 

5 (B) affects any public access route on Fed6 eral land exchanged under this subsection. 

7 (b) GRAZING PREFERENCES.— 

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

9 preference with respect to all or a portion of any 

10 Federal land designated by this Act as a wilderness 

11 may voluntarily offer to the Secretary for sale or do12 nation all or any portion of the grazing preference. 

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

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

15 the grazing preference shall submit to the Secretary 

16 a written notice of the intent of the holder, includ17 ing— 

18 (A) a description of the Federal land to 

19 which the grazing preference applies; and 

20 (B) the date on which the holder will relin21 quish use of the grazing preference, which shall 

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

23 the notice is submitted. 

24 (3) CONSIDERATION.—The Secretary shall pro25 vide to a holder that offers a grazing preference for 


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•S 3794 IS

1 sale under paragraph (1) consideration in accord2 ance with the schedule of payments described in the 

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

4 (4) CANCELLATION AND RETIREMENT OF LIVE5 STOCK GRAZING.—Beginning on the date identified 

6 under paragraph (2)(B)— 

7 (A) the applicable grazing preference shall 

8 be canceled; and 

9 (B) the associated livestock grazing shall 

10 be permanently retired. 

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

12 maintain any fencing and other structures required 

13 to prevent grazing use of any Federal land on which 

14 a grazing preference has been voluntarily sold or do15 nated under this subsection. 

16 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Bu18 reau such sums as are necessary to carry out this title. 

19 TITLE III—TRANSPORTATION 

20 AND RECREATION MANAGE21 MENT 

22 SEC. 301. TRANSPORTATION PLANS. 

23 (a) IN GENERAL.—The Bureau shall develop and im24 plement transportation plans for land managed by the Bu25 reau outside of wilderness areas in the County. 


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1 (b) CONSULTATION AND COORDINATION.—The 

2 transportation plans and cooperative agreements shall be 

3 developed in consultation and coordination with appro4 priate Federal Government entities, tribal government en5 tities, and State and local government entities consistent 

6 with— 

7 (1) the Federal Land Policy and Management 

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

9 (2) the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.); and 

11 (3) any other applicable laws. 

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

13 areas of the County managed by the Bureau, including 

14 areas that are remote and rarely used for motorized recre15 ation, are included and in transportation plans developed 

16 under subsection (a) to— 

17 (1) provide for management of anticipated 

18 growth in recreational use of the land; and 

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

20 recreational opportunities and experiences for all 

21 users. 

22 (d) LIMITATION.—Transportation plans under sub23 section (a) shall not affect the status of any road adjacent 

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

25 (e) SYSTEM OF ROUTES.— 


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1 (1) IN GENERAL.—Each transportation plan 

2 under subsection (a) shall— 

3 (A) establish a system of designated roads 

4 and trails; 

5 (B) include a multiple use recreational 

6 trail system, that provides a wide range of rec7 reational opportunities and experiences for all 

8 users while protecting natural and cultural re9 sources; 

10 (C) limit the use of motorized and mecha11 nized vehicles to designated roads and trails; 

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

13 trails, and areas designated for such use; 

14 (E) be based on resource and route inven15 tories; 

16 (F) include designation of routes and route 

17 systems that are open or closed; and 

18 (G) include provisions relating to, with re19 spect to the applicable land— 

20 (i) trail construction and reconstruc21 tion; 

22 (ii) road and trail closure; 

23 (iii) seasonal closures or restrictions; 

24 (iv) restoration of disturbed areas; 

25 (v) monitoring; 


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•S 3794 IS

1 (vi) maintenance; 

2 (vii) maps; 

3 (viii) signs; 

4 (ix) education; and 

5 (x) enforcement. 

6 (2) TEMPORARY LIMITATION.— 

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

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

9 Bureau completes transportation planning, all 

10 recreational motorized and mechanized off-high11 way vehicle use shall be limited to roads and 

12 trails in existence on the day before the date of 

13 enactment of this Act. 

14 (B) EXCEPTIONS.— 

15 (i) IN GENERAL.—Subparagraph (A) 

16 shall not apply to areas specifically identi17 fied as open, closed, or limited under the 

18 Owyhee resource management plan. 

19 (ii) HEMMINGWAY BUTTE AREA.— 

20 Notwithstanding subparagraph (A), the 

21 Bureau may take into consideration main22 taining the Hemmingway Butte area as 

23 open to cross-country travel. 

24 (f) SCHEDULE.— 


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•S 3794 IS

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

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

3 shall complete a transportation plan for the Owyhee 

4 Front. 

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

6 Not later than 3 years after the date of enactment 

7 of this Act, the Bureau shall complete a transpor8 tation plan for Federal land in the County outside 

9 the Owyhee Front. 

10 SEC. 302. AUTHORITY. 

11 Transportation and travel management under this 

12 title shall not affect the authority of the Bureau to man13 age or regulate off-highway vehicle use under title 43, 

14 Code of Federal Regulations (as in effect on September 

15 25, 2005). 

16 SEC. 303. COOPERATIVE AGREEMENTS. 

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

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

19 enter into cooperative agreements with the County— 

20 (1) to establish a cooperative search and rescue 

21 program; and 

22 (2) to implement and enforce the transportation 

23 plans described in this section. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Bureau such 

3 sums as are necessary— 

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

5 the County; and 

6 (2) to develop, implement, and enforce off-high7 way motor vehicle transportation plans under this 

8 section. 

9 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Bu11 reau such sums as are necessary to accelerate completion 

12 and implementation by the Bureau of the transportation 

13 plan for the Owyhee Front and subsequent transportation 

14 plans for the remainder of the County. 

15 TITLE IV—CULTURAL 

16 RESOURCES 

17 SEC. 401. FINDINGS. 

18 Congress finds that— 

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

20 going back thousands of years; 

21 (2) the cultural and historical resources impor22 tant to the people and ancestors of the Tribes must 

23 be protected against abuse and desecration, whether 

24 intentional or unintentional; 

25 (3) there are opportunities— 


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1 (A) to increase knowledge of cultural re2 sources; 

3 (B) to monitor influences from outside 

4 forces; and 

5 (C) to improve the inspection and super6 vision of major cultural sites; 

7 (4) inventory and monitoring programs that 

8 identify and document cultural sites and the condi9 tion of those sites over time would— 

10 (A) assist in ensuring the preservation of 

11 the sites; and 

12 (B) help to focus resources— 

13 (i) to ensure compliance with prohibi14 tions against destruction and or removal of 

15 cultural items; and 

16 (ii) to prevent inadvertent negative 

17 impacts; 

18 (5) the Owyhee Initiative Agreement will— 

19 (A) support a broad range of measures to 

20 protect cultural sites and resources important 

21 to the continuation of the traditions and beliefs 

22 of the Tribes; and 

23 (B) provide for the implementation of the 

24 Plan; and 

25 (6) the implementation of the Plan should— 


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1 (A) be consistent with the Indian Self-De2 termination and Education Assistance Act (25 

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

4 (B) recognize that— 

5 (i) the right of Indians to self-govern6 ment results from the inherent sovereignty 

7 of Indian tribes; and 

8 (ii) the United States— 

9 (I) has a special and unique legal 

10 and political relationship with feder11 ally recognized Indian tribes; and 

12 (II) is obligated to develop a gov13 ernment-to-government relationship 

14 with Indian tribes under the Constitu15 tion, treaties, Federal law, and the 

16 course of dealings with Indian tribes. 

17 SEC. 402. IMPLEMENTATION. 

18 The Tribes shall implement the Plan. 

19 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to the Tribes 

21 to carry out this title— 

22 (1) $900,000 for fiscal year 2007; and 

23 (2) $900,000 for each of fiscal years 2008 

24 through 2011. 

Æ 


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