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public a map of the conservation area and such other educational
and interpretive materials as may be appropriate.
(e) NATIONAL GUARD USE OF THE AREA.—(1) Pending comple-
tion of the ongoing research concerning military use of lands in
the conservation area, or until the date 5 years after the date
of enactment of this Act, whichever is the shorter period, the
Secretary shall permit continued military use of those portions
of the conservation area known as the Orchard Training Area
in accordance with the Memorandum of Understanding, to the
extent consistent with the use levels identified pursuant to sub-
section (b)(2) of this section.
(2) Upon completion of the ongoing research concerning military
use of lands in the conservation area, the Secretary shall review
the management plan and make such additional revisions therein
as may be required to assure that it meets the requirements of
this Act.
(3) Upon completion of the ongoing research concerning military
use of lands in the conservation area, the Secretary shall submit
to the Committees on Natural Resources and Merchant Marine
and Fisheries of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report of the
results of such research.
(4) Nothing in this Act shall preclude minor adjustment of
the boundaries of the Orchard Training Area in accordance with
provisions of the Memorandum of Understanding.
(5) After completion of the ongoing research concerning military
use of lands in the Orchard Training Area or after the date 5
years after the date of enactment of this Act, whichever first occurs,
the Secretary shall continue to permit military use of such lands,
unless the Secretary, on the basis of such research, determines
such use is not compatible with the purposes set forth in section
3(a)(2). Any such use thereafter shall be permitted in accordance
with the Memorandum of Understanding, which may be extended
or renewed by the Secretary so long as such use continues to
meet the requirements of subsection (b)(2) of this section.
(6) In accordance with the Memorandum of Understanding,
the Secretary shall require the State of Idaho Military Division
to insure that military units involved maintain a program of decon-
tamination.
(7) Nothing in this Act shall be construed as by itself precluding
the extension or renewal of the Memorandum of Understanding,
or the construction of any improvements or buildings in the Orchard
Training Area so long as the requirements of this subsection are
met.
(f) LIVESTOCK GRAZING.—(1) So long as the Secretary deter-
mines that domestic livestock grazing is compatible with the pur-
poses for which the conservation area is established, the Secretary
shall permit such use of public lands within the conservation area,
to the extent such use of such lands is compatible with such pur-
poses. Determinations as to compatibility shall be made in connec-
tion with the initial revision of management plans for the conserva-
tion area and in connection with each plan review required by
section 4(a)(1)(B).
(2) Any livestock grazing on public lands within the conserva-
tion area, and activities the Secretary determines necessary to
carry out proper and practical grazing management programs on
such lands (such as animal damage control activities) shall be
H. R. 236—7
managed in accordance with the Act of June 28, 1934 (43 U.S.C.
315 et seq.; commonly referred to as the ‘‘Taylor Grazing Act’’),
section 402 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1752), other laws applicable to such use and pro-
grams on the public lands, and the management plan for the
conservation area.
(g) COOPERATIVE AGREEMENTS.—The Secretary is authorized
to provide technical assistance to, and to enter into such cooperative
agreements and contracts with, the State of Idaho and with local
governments and private entities as the Secretary deems necessary
or desirable to carry out the purposes and policies of this Act.
(h) AGRICULTURAL PRACTICES.—Nothing in this Act shall be
construed as constituting a grant of authority to the Secretary
to restrict recognized agricultural practices or other activities on
private land adjacent to or within the conservation area boundary.
(i) HYDROELECTRIC FACILITIES.—Notwithstanding any provision
of this Act, or regulations and management plans undertaken
pursuant to its provisions, the Federal Energy Regulatory Commis-
sion shall retain its current jurisdiction concerning all aspects of
the continued and future operation of hydroelectric facilities,
licensed or relicensed under the Federal Power Act (16 U.S.C.
791a et seq.), located within the boundaries of the conservation
area.
SEC. 5. ADDITIONS.
(a) ACQUISITIONS.—(1) The Secretary is authorized to acquire
lands and interests therein within the boundaries of the conserva-
tion area by donation, purchase with donated or appropriated funds,
exchange, or transfer from another Federal agency, except that
such lands or interests owned by the State of Idaho or a political
subdivision thereof may be acquired only by donation or exchange.
(2) Any lands located within the boundaries of the conservation
area that are acquired by the United States on or after the date
of enactment of this Act shall become a part of the conservation
area and shall be subject to this Act.
(b) PURCHASE OF LANDS.—In addition to the authority in section
318(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1748) and notwithstanding section 7(a) of the Land
and Water Conservation Fund Act of 1964 (16 U.S.C. 4601–9(a)),
monies appropriated from the Land and Water Conservation Fund
may be used as authorized in section 5(b) of the Endangered Species
Act of 1973 (16 U.S.C. 1534(b)), for the purposes of acquiring
lands or interests therein within the conservation area for adminis-
tration as public lands as a part of the conservation area.
(c) LAND EXCHANGES.—The Secretary shall, within 4 years
after the date of enactment of this Act, study, identify, and initiate
voluntary land exchanges which would resolve ownership related
land use conflicts within the conservation area.
SEC. 6. OTHER LAWS AND ADMINISTRATIVE PROVISIONS.
(a) OTHER LAWS.—(1) Nothing in this Act shall be construed
to supersede, limit, or otherwise affect administration and enforce-
ment of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or to limit the applicability of the National Trails System
Act to any lands within the conservation area.
(2) Except as otherwise specifically provided in this Act, nothing
in this Act shall be construed as limiting the applicability to lands
in the conservation area of laws applicable to public lands generally,
H. R. 236—8
including but not limited to the National Historic Preservation
Act, the Archaeological Resources Protection Act of 1979, or the
Native American Graves Protection and Repatriation Act.
(3) Nothing in this Act shall be construed as by itself altering
the status of any lands that on the date of enactment of this
Act were not managed by the Bureau of Land Management.
(4) Nothing in this Act shall be construed as prohibiting the
Secretary from engaging qualified persons to use public lands within
the conservation area for the propagation of plants (including seeds)
to be used for vegetative enhancement of the conservation area
in accordance with the plan and in furtherance of the purposes
for which the conservation area is established.
(b) RELEASE.—The Congress finds and directs that the public
lands within the Snake River Birds of Prey Natural Area estab-
lished as a natural area in October 1971 by Public Land Order
5133 have been adequately studied and found unsuitable for wilder-
ness designation pursuant to section 603 of the Federal Land Policy
and Management Act of 1976. Such lands are hereby released
from further management pursuant to section 603(c) of such an
Act and shall be managed in accordance with other applicable
provisions of law, including this Act.
(c) EXISTING ADMINISTRATIVE WITHDRAWAL TERMINATED.—Pub-
lic Land Orders 5133 dated October 12, 1971, and 5777 dated
November 21, 1980, issued by the Secretary are hereby revoked
subject to subsections (d)(3) and (d)(4).
(d) WATER.—(1) The Congress finds that the United States
is currently a party in an adjudication of rights to waters of the
Snake River, including water rights claimed by the United States
on the basis of the reservation of lands for purposes of conservation
of fish and wildlife and that consequently there is no need for
this Act to effect a reservation by the United States of rights
with respect to such waters in order to fulfill the purposes for
which the conservation area is established.
(2) Nothing in this Act or any action taken pursuant thereto
shall constitute either an expressed or implied reservation of water
or water rights for any purpose.
(3) Nothing in this Act shall be construed as effecting a relin-
quishment or reduction of any of the water rights held or claimed
by the United States within the State of Idaho or elsewhere on
or before the date of enactment of this Act.
(4) The Secretary and all other officers of the United States
shall take all steps necessary to protect all water rights claimed
by the United States in the Snake River adjudication now pending
in the district court of the State of Idaho in which the United
States is joined under section 208 of the Act of July 10, 1952
(66 Stat. 560; 43 U.S.C. 666; commonly referred to as the ‘‘McCarran
Amendment’’).
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SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.