Calendar No. 160

103D CONGRESS

1ST SESSION H. R. 236

[Report No. 103–108]

AN ACT

To establish the Snake River Birds of Prey Naand for other purposes. tional Conservation Area in the State of Idaho,

JULY 23 (legislative day, JUNE 30), 1993

Reported without amendment
II

Calendar No. 160

103D CONGRESS

1ST SESSION H. R. 236

[Report No. 103–108]

IN THE SENATE OF THE UNITED STATES

MAY 13 (legislative day, APRIL 19), 1993

Received

MAY 18 (legislative day, APRIL 19), 1993

Read twice and referred to the Committee on Energy and Natural Resources

JULY 23 (legislative day, JUNE 30), 1993

Reported by Mr. JOHNSTON, without amendment

AN ACT

To establish the Snake River Birds of Prey National Conservation Area in the State of Idaho, 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. FINDINGS.

4 The Congress finds the following:

5 (1) The public lands managed by the Bureau of

6 Land Management in the State of Idaho within the

7 Snake River Birds of Prey Area contain one of the
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1 densest known nesting populations of eagles, falcons,

2 owls, hawks, and other birds of prey (raptors) in

3 North America.

4 (2) These public lands constitute a valuable na5 tional biological and educational resource since birds

6 of prey are important components of the ecosystem

7 and indicators of environmental quality, and contrib8 ute significantly to the quality of wildlife and human

9 communities.

10 (3) These public lands also contain important

11 historic and cultural resources (including significant

12 archaeological resources) as well as other resources

13 and values, all of which should be protected and ap14 propriately managed.

15 (4) A military training area within the Snake

16 River Birds of Prey Area, known as the Orchard

17 Training Area, has been used since 1953 by reserve

18 components of the Armed Forces. Military use of

19 this area is currently governed by a Memorandum of

20 Understanding between the Bureau of Land Man21 agement and the State of Idaho Military Division,

22 dated May 1985. Operating under this Memoran23 dum of Understanding, the Idaho National Guard

24 has provided valuable assistance to the Bureau of

25 Land Management with respect to fire control and
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1 other aspects of management of the Orchard Train2 ing Area and the other lands in the Snake River

3 Birds of Prey Area. Military use of the lands within

4 the Orchard Training Area should continue in ac5 cordance with such Memorandum of Understanding

6 (or extension or renewal thereof), to the extent con7 sistent with section 4(e) of this Act, because this

8 would be in the best interest of training of the re9 serve components (an important aspect of national

10 security) and of the local economy.

11 (5) Protection of the conservation area as a

12 home for raptors can best and should be accom13 plished by the Secretary of the Interior, acting

14 through the Bureau of Land Management, under a

15 management plan that—

16 (A) emphasizes management, protection,

17 and rehabilitation of habitat for these raptors

18 and of other resources and values of the area;

19 (B) provides for continued military use,

20 consistent with the requirements of section 4(e)

21 of this Act, of the Orchard Training Area by re22 serve components of the Armed Forces;

23 (C) addresses the need for public edu24 cational and interpretive opportunities;
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1 (D) allows for diverse appropriate uses of

2 lands in the area to the extent consistent with

3 the maintenance and enhancement of raptor

4 populations and habitats and protection and

5 sound management of other resources and val6 ues of the area; and

7 (E) demonstrates management practices

8 and techniques that may be useful to other

9 areas of the public lands and elsewhere.

10 (6) There exists near the conservation area a

11 facility, the World Center for Birds of Prey operated

12 by The Peregrine Fund, Inc., where research, public

13 education, recovery, and reestablishment operations

14 exist for endangered raptor species. There also exists

15 at Boise State University a raptor study program

16 which attracts national and international graduate

17 and undergraduate students.

18 (7) The Bureau of Land Management and

19 Boise State University, together with other State,

20 Federal, and private entities, have formed the

21 Raptor Research and Technical Assistance Center to

22 be housed at Boise State University, which provides

23 a unique adjunct to the conservation area for raptor

24 management, recovery, research, and public visita25 tion, interpretation, and education.
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1 (8) Consistent with requirements of sections

2 202 and 302 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1712 and 1732),

4 the Secretary has developed a comprehensive man5 agement plan and, based on such plan, has imple6 mented a management program for the public lands

7 included in the conservation area established by this

8 Act.

9 (9) Additional authority and guidance must be

10 provided to assure that essential raptor habitat re11 mains in public ownership, to facilitate sound and

12 effective planning and management, to provide for

13 effective public interpretation and education, to en14 sure continued study of the relationship of humans

15 and these raptors, to preserve the unique and irre16 placeable habitat of the conservation area, and to

17 conserve and properly manage the other natural re18 sources of the area in concert with maintenance of

19 this habitat.

20 (10) An ongoing research program funded by

21 the Bureau of Land Management and the National

22 Guard is intended to provide information to be used

23 in connection with future decisionmaking concerning

24 management of all uses, including continued military
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1 use, of public lands within the Snake River Birds of

2 Prey Area.

3 (11) Public lands in the Snake River Birds of

4 Prey Area have been used for domestic livestock

5 grazing for more than a century, with resultant ben6 efits to community stability and contributions to the

7 local and State economies. It has not been dem8 onstrated that continuation of this use would be in9 compatible with appropriate protection and sound

10 management of raptor habitat and the other re11 source values of these lands; therefore, subject to the

12 determination provided for in section 4(f), it is ex13 pected that such grazing will continue in accordance

14 with applicable regulations of the Secretary and the

15 management plan for the conservation area.

16 (12) Hydroelectric facilities for the generation

17 and transmission of electricity exist within the

18 Snake River Birds of Prey Area pursuant to a

19 license(s) issued by the Federal Energy Regulatory

20 Commission, or its predecessor, the Federal Power

21 Commission.

22 SEC. 2. DEFINITIONS.

23 As used in this Act:

24 (1) The term ‘‘Secretary’’ means the Secretary

25 of the Interior.
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1 (2) The term ‘‘conservation area’’ means the

2 Snake River Birds of Prey National Conservation

3 Area established by section 3.

4 (3) The term ‘‘raptor’’ or ‘‘raptors’’ means indi5 viduals or populations of eagles, falcons, owls,

6 hawks, and other birds of prey.

7 (4) The term ‘‘raptor habitat’’ includes the

8 habitat of the raptor prey base as well as the nesting

9 and hunting habitat of raptors within the conserva10 tion area.

11 (5) The term ‘‘Memorandum of Understand12 ing’’ means the Memorandum of Understanding

13 #ID–237, dated May 1985, between the State of

14 Idaho Military Division and the Bureau of Land

15 Management.

16 (6) The term ‘‘Orchard Training Area’’ means

17 that area generally so depicted on the map referred

18 to in section 3(b), and as described in the Memoran19 dum of Understanding as well as the air space over

20 the same.

21 (7) The term ‘‘Impact Area’’ means that area

22 which was used for the firing of live artillery projec23 tiles and is used for live fire ranges of all types and,

24 therefore, poses a danger to public safety and which
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1 is generally so depicted on the map referred to in

2 section 3(b).

3 (8) The term ‘‘Artillery Impact Area’’ means

4 that area within the Impact Area into which live

5 projectiles are fired, which is generally described as

6 that area labeled as such on the map referred to in

7 section 3(b).

8 (9) The term ‘‘the plan’’ means the comprehen9 sive management plan developed for the conservation

10 area, dated August 30, 1985, together with such re11 visions thereto as may be required in order to imple12 ment this Act.

13 (10) The term ‘‘hydroelectric facilities’’ means

14 all facilities related to the generation, transmission,

15 and distribution of hydroelectric power and which

16 are subject to, and authorized by, a license(s), and

17 any and all amendments thereto, issued by the Fed18 eral Energy Regulatory Commission.

19 SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION

20 AREA.

21 (a) ESTABLISHMENT AND PURPOSES.—(1) There is

22 hereby established the Snake River Birds of Prey National

23 Conservation Area (hereafter referred to as the ‘‘conserva24 tion area’’).
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1 (2) The purposes for which the conservation area is

2 established, and shall be managed, are to provide for the

3 conservation, protection, and enhancement of raptor popu4 lations and habitats and the natural and environmental

5 resources and values associated therewith, and of the sci6 entific, cultural, and educational resources and values of

7 the public lands in the conservation area.

8 (3) Subject to the provisions of subsection (d) of this

9 section and section 4, uses of the public lands in the con10 servation area existing on the date of enactment of this

11 Act shall be allowed to continue.

12 (b) AREA INCLUDED.—The conservation area shall

13 consist of approximately 482,457 acres of Federally owned

14 lands and interests therein managed by the Bureau of

15 Land Management as generally depicted on the map enti16 tled ‘‘Snake River Birds of Prey National Conservation

17 Area’’, dated November 1991.

18 (c) MAP AND LEGAL DESCRIPTION.—As soon as is

19 practicable after enactment of this Act, the map referred

20 to in subsection (b) and a legal description of the con21 servation area shall be filed by the Secretary with the

22 Committee on Natural Resources of the House of Rep23 resentatives and the Committee on Energy and Natural

24 Resources of the Senate. Each such map shall have the

25 same force and effect as if included in this Act; except
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1 that the Secretary may correct clerical and typographical

2 errors in such map and legal description. Each such map

3 shall be on file and available for public inspection in the

4 office of the Director and the Idaho State Director of the

5 Bureau of Land Management of the Department of the

6 Interior.

7 (d) WITHDRAWALS.—Subject to valid existing rights,

8 the Federal lands within the conservation area are hereby

9 withdrawn from all forms of entry, appropriation, or dis10 posal under the public land laws; and from entry, applica11 tion, and selection under the Act of March 3, 1877 (Ch.

12 107, 19 Stat. 377, 43 U.S.C. 321 et seq.; commonly re13 ferred to as the ‘‘Desert Lands Act’’), section 4 of the

14 Act of August 18, 1894 (Ch. 301, 28 Stat. 422; 43 U.S.C.

15 641; commonly referred to as the ‘‘Carey Act’’), the Act

16 of July 3, 1890 (Ch. 656, 26 Stat. 215; commonly referred

17 to as the ‘‘State of Idaho Admissions Act’’), section 2275

18 of the Revised Statutes, as amended (43 U.S.C. 851), and

19 section 2276 of the Revised Statutes, as amended (43

20 U.S.C. 852). The Secretary shall return to the applicants

21 any such applications pending on the date of enactment

22 of this Act, without further action. Subject to valid exist23 ing rights, as of the date of enactment of this Act, lands

24 within the Birds of Prey Conservation Area are withdrawn

25 from location under the general mining laws, the operation
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1 of the mineral and geothermal leasing laws, and the min2 eral material disposal laws, except that mineral materials

3 subject to disposal may be made available from existing

4 sites to the extent compatible with the purposes for which

5 the conservation area is established.

6 SEC. 4. MANAGEMENT AND USE.

7 (a) IN GENERAL.—(1)(A) Within 1 year after the

8 date of enactment of this Act, the Secretary shall make

9 any revisions in the existing management plan for the con10 servation area as necessary to assure its conformance with

11 this Act, and no later than January 1, 1996, shall finalize

12 a new management plan for the conservation area.

13 (B) Thereafter, the Secretary shall review the plan

14 at least once every 5 years and shall make such revisions

15 as may be necessary or appropriate.

16 (C) In reviewing and revising the plan, the Secretary

17 shall provide for appropriate public participation.

18 (2) Except as otherwise specifically provided in sec19 tion 3(d) and subsections (d), (e), and (f) of this section,

20 the Secretary shall allow only such uses of lands in the

21 conservation area as the Secretary determines will further

22 the purposes for which the Conservation Area is estab23 lished.

24 (b) MANAGEMENT GUIDANCE.—After each review

25 pursuant to subsection (a), the Secretary shall make such
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1 revisions as may be needed so that the plan and manage2 ment program to implement the plan include, in addition

3 to any other necessary or appropriate provisions, provi4 sions for—

5 (1) protection for the raptor populations and

6 habitats and the scientific, cultural, and educational

7 resources and values of the public lands in the con8 servation area;

9 (2) identifying levels of continued military use

10 of the Orchard Training Area compatible with para11 graph (1) of this subsection;

12 (3) public use of the conservation area consist13 ent with the purposes of this Act;

14 (4) interpretive and educational opportunities

15 for the public;

16 (5) a program for continued scientific investiga17 tion and study to provide information to support

18 sound management in accordance with this Act, to

19 advance knowledge of raptor species and the re20 sources and values of the conservation area, and to

21 provide a process for transferring to other areas of

22 the public lands and elsewhere this knowledge and

23 management experience;
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1 (6) such vegetative enhancement and other

2 measures as may be necessary to restore or enhance

3 prey habitat;

4 (7) the identification of levels, types, timing,

5 and terms and conditions for the allowable non6 military uses of lands within the conservation area

7 that will be compatible with the protection, mainte8 nance, and enhancement of raptor populations and

9 habitats and the other purposes for which the con10 servation area is established; and

11 (8) assessing the desirability of imposing appro12 priate fees for public uses (including, but not limited

13 to, recreational use) of lands in the conservation

14 area, which are not now subject to fees, to be used

15 to further the purposes for which the conservation

16 area is established.

17 (c) VISITORS CENTER.—The Secretary, acting

18 through the Director of the Bureau of Land Management,

19 is authorized to establish, in cooperation with other public

20 or private entities as the Secretary may deem appropriate,

21 a visitors center designed to interpret the history and the

22 geological, ecological, natural, cultural, and other re23 sources of the conservation area and the biology of the

24 raptors and their relationships to man.
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1 (d) VISITORS USE OF AREA.—In addition to the Visi2 tors Center, the Secretary may provide for visitor use of

3 the public lands in the conservation area to such extent

4 and in such manner as the Secretary considers consistent

5 with the protection of raptors and raptor habitat, public

6 safety, and the purposes for which the conservation area

7 is established. To the extent practicable, the Secretary

8 shall make available to visitors and other members of the

9 public a map of the conservation area and such other edu10 cational and interpretive materials as may be appropriate.

11 (e) NATIONAL GUARD USE OF THE AREA.—(1)

12 Pending completion of the ongoing research concerning

13 military use of lands in the conservation area, or until the

14 date 5 years after the date of enactment of this Act,

15 whichever is the shorter period, the Secretary shall permit

16 continued military use of those portions of the conserva17 tion area known as the Orchard Training Area in accord18 ance with the Memorandum of Understanding, to the ex19 tent consistent with the use levels identified pursuant to

20 subsection (b)(2) of this section.

21 (2) Upon completion of the ongoing research concern22 ing military use of lands in the conservation area, the Sec23 retary shall review the management plan and make such

24 additional revisions therein as may be required to assure

25 that it meets the requirements of this Act.
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1 (3) Upon completion of the ongoing research concern2 ing military use of lands in the conservation area, the Sec3 retary shall submit to the Committees on Natural Re4 sources and Merchant Marine and Fisheries of the House

5 of Representatives and the Committee on Energy and

6 Natural Resources of the Senate a report of the results

7 of such research.

8 (4) Nothing in this Act shall preclude minor adjust9 ment of the boundaries of the Orchard Training Area in

10 accordance with provisions of the Memorandum of Under11 standing.

12 (5) After completion of the ongoing research concern13 ing military use of lands in the Orchard Training Area

14 or after the date 5 years after the date of enactment of

15 this Act, whichever first occurs, the Secretary shall con16 tinue to permit military use of such lands, unless the Sec17 retary, on the basis of such research, determines such use

18 is not compatible with the purposes set forth in section

19 3(a)(2). Any such use thereafter shall be permitted in ac20 cordance with the Memorandum of Understanding, which

21 may be extended or renewed by the Secretary so long as

22 such use continues to meet the requirements of subsection

23 (b)(2) of this section.

24 (6) In accordance with the Memorandum of Under25 standing, the Secretary shall require the State of Idaho
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1 Military Division to insure that military units involved

2 maintain a program of decontamination.

3 (7) Nothing in this Act shall be construed as by itself

4 precluding the extension or renewal of the Memorandum

5 of Understanding, or the construction of any improve6 ments or buildings in the Orchard Training Area so long

7 as the requirements of this subsection are met.

8 (f) LIVESTOCK GRAZING.—(1) So long as the Sec9 retary determines that domestic livestock grazing is com10 patible with the purposes for which the conservation area

11 is established, the Secretary shall permit such use of pub12 lic lands within the conservation area, to the extent such

13 use of such lands is compatible with such purposes. Deter14 minations as to compatibility shall be made in connection

15 with the initial revision of management plans for the con16 servation area and in connection with each plan review re17 quired by section 4(a)(1)(B).

18 (2) Any livestock grazing on public lands within the

19 conservation area, and activities the Secretary determines

20 necessary to carry out proper and practical grazing man21 agement programs on such lands (such as animal damage

22 control activities) shall be managed in accordance with the

23 Act of June 28, 1934 (43 U.S.C. 315 et seq.; commonly

24 referred to as the ‘‘Taylor Grazing Act’’), section 402 of

25 the Federal Land Policy and Management Act of 1976
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1 (43 U.S.C. 1752), other laws applicable to such use and

2 programs on the public lands, and the management plan

3 for the conservation area.

4 (g) COOPERATIVE AGREEMENTS.—The Secretary is

5 authorized to provide technical assistance to, and to enter

6 into such cooperative agreements and contracts with, the

7 State of Idaho and with local governments and private en8 tities as the Secretary deems necessary or desirable to

9 carry out the purposes and policies of this Act.

10 (h) AGRICULTURAL PRACTICES.—Nothing in this Act

11 shall be construed as constituting a grant of authority to

12 the Secretary to restrict recognized agricultural practices

13 or other activities on private land adjacent to or within

14 the conservation area boundary.

15 (i) HYDROELECTRIC FACILITIES.—Notwithstanding

16 any provision of this Act, or regulations and management

17 plans undertaken pursuant to its provisions, the Federal

18 Energy Regulatory Commission shall retain its current ju19 risdiction concerning all aspects of the continued and fu20 ture operation of hydroelectric facilities, licensed or reli21 censed under the Federal Power Act (16 U.S.C. 791a et

22 seq.), located within the boundaries of the conservation

23 area.
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1 SEC. 5. ADDITIONS.

2 (a) ACQUISITIONS.—(1) The Secretary is authorized

3 to acquire lands and interests therein within the bound4 aries of the conservation area by donation, purchase with

5 donated or appropriated funds, exchange, or transfer from

6 another Federal agency, except that such lands or inter7 ests owned by the State of Idaho or a political subdivision

8 thereof may be acquired only by donation or exchange.

9 (2) Any lands located within the boundaries of the

10 conservation area that are acquired by the United States

11 on or after the date of enactment of this Act shall become

12 a part of the conservation area and shall be subject to

13 this Act.

14 (b) PURCHASE OF LANDS.—In addition to the au15 thority in section 318(d) of the Federal Land Policy and

16 Management Act of 1976 (43 U.S.C. 1748) and notwith17 standing section 7(a) of the Land and Water Conservation

18 Fund Act of 1964 (16 U.S.C. 4601–9(a)), monies appro19 priated from the Land and Water Conservation Fund may

20 be used as authorized in section 5(b) of the Endangered

21 Species Act of 1973 (16 U.S.C. 1534(b)), for the purposes

22 of acquiring lands or interests therein within the conserva23 tion area for administration as public lands as a part of

24 the conservation area.

25 (c) LAND EXCHANGES.—The Secretary shall, within

26 4 years after the date of enactment of this Act, study,
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1 identify, and initiate voluntary land exchanges which

2 would resolve ownership related land use conflicts within

3 the conservation area.

4 SEC. 6. OTHER LAWS AND ADMINISTRATIVE PROVISIONS.

5 (a) OTHER LAWS.—(1) Nothing in this Act shall be

6 construed to supersede, limit, or otherwise affect adminis7 tration and enforcement of the Endangered Species Act

8 of 1973 (16 U.S.C. 1531 et seq.) or to limit the applicabil9 ity of the National Trails System Act to any lands within

10 the conservation area.

11 (2) Except as otherwise specifically provided in this

12 Act, nothing in this Act shall be construed as limiting the

13 applicability to lands in the conservation area of laws ap14 plicable to public lands generally, including but not limited

15 to the National Historic Preservation Act, the Archae16 ological Resources Protection Act of 1979, or the Native

17 American Graves Protection and Repatriation Act.

18 (3) Nothing in this Act shall be construed as by itself

19 altering the status of any lands that on the date of enact20 ment of this Act were not managed by the Bureau of Land

21 Management.

22 (4) Nothing in this Act shall be construed as prohibit23 ing the Secretary from engaging qualified persons to use

24 public lands within the conservation area for the propaga25 tion of plants (including seeds) to be used for vegetative
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1 enhancement of the conservation area in accordance with

2 the plan and in furtherance of the purposes for which the

3 conservation area is established.

4 (b) RELEASE.—The Congress finds and directs that

5 the public lands within the Snake River Birds of Prey Nat6 ural Area established as a natural area in October 1971

7 by Public Land Order 5133 have been adequately studied

8 and found unsuitable for wilderness designation pursuant

9 to section 603 of the Federal Land Policy and Manage10 ment Act of 1976. Such lands are hereby released from

11 further management pursuant to section 603(c) of such

12 an Act and shall be managed in accordance with other

13 applicable provisions of law, including this Act.

14 (c) EXISTING ADMINISTRATIVE WITHDRAWAL TER15 MINATED.—Public Land Orders 5133 dated October 12,

16 1971, and 5777 dated November 21, 1980, issued by the

17 Secretary are hereby revoked subject to subsections (d)(3)

18 and (d)(4).

19 (d) WATER.—(1) The Congress finds that the United

20 States is currently a party in an adjudication of rights

21 to waters of the Snake River, including water rights

22 claimed by the United States on the basis of the reserva23 tion of lands for purposes of conservation of fish and wild24 life and that consequently there is no need for this Act

25 to effect a reservation by the United States of rights with
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1 respect to such waters in order to fulfill the purposes for

2 which the conservation area is established.

3 (2) Nothing in this Act or any action taken pursuant

4 thereto shall constitute either an expressed or implied res5 ervation of water or water rights for any purpose.

6 (3) Nothing in this Act shall be construed as effecting

7 a relinquishment or reduction of any of the water rights

8 held or claimed by the United States within the State of

9 Idaho or elsewhere on or before the date of enactment of

10 this Act.

11 (4) The Secretary and all other officers of the United

12 States shall take all steps necessary to protect all water

13 rights claimed by the United States in the Snake River

14 adjudication now pending in the district court of the State

15 of Idaho in which the United States is joined under section

16 208 of the Act of July 10, 1952 (66 Stat. 560; 43 U.S.C.

17 666; commonly referred to as the ‘‘McCarran Amend18 ment’’).

19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated such sums

21 as may be necessary to carry out this Act.

Passed the House of Representatives May 11, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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