I 
107TH CONGRESS 
2D SESSION 
H. R. 5489
To establish the Great Plains Historic Grasslands Wilderness Area, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2002
Mr. PALLONE introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To establish the Great Plains Historic Grasslands Wilderness 
Area, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Plains Grass-
lands Wilderness Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The areas known as the Buffalo Gap Na-
tional Grasslands, the Fort Pierre National Grass-
lands, and the Grand River National Grasslands, all
noncontiguous areas comprising 1.74 percent of the 
total square miles of South Dakota, the Cedar River 
National Grasslands, the Sheyenne National Grass-
lands, and the Little Missouri Grasslands, all non-
contiguous areas comprising only 2.3 percent of the 
total square miles of North Dakota, and the Thun-
der Basin National Grasslands, comprising 1 percent 
of the total acreage of Wyoming should be protected 
and enhanced for the benefit and enjoyment of 
present and future generations. These areas con-
tain—
(A) the last living species of an irreplace-
able North American prairie ecosystem; 
(B) historic sites of the last large Native 
American confrontations with settlers in the 
American Western expansion period; 
(C) invaluable paleontological specimens; 
and 
(D) unique geological structures found no 
where else on the North American continent. 
(2) The Great Plains Historic National Grass-
lands were once a part of the home of the largest 
Native American nation in the area, the Great Sioux 
Nation, or the Oceti Sakowin (the Seven Council 
Fires), the Lakota, Dakota, and Nakota people, who
inhabited this area for tens of thousands of years. 
Many other smaller tribes also inhabited the area in-
cluding the Mandan, the Hidatsa, and the Arikara. 
According to maps of the United States Geological 
Survey, the Lakota, Dakota, and Nakota people 
once inhabited fourteen States and three Canadian 
provinces living in a symbiotic relationship with the 
tremendous bison herds that covered the North 
American continent. 
(3) Grasslands provide habitat for wildlife, in-
cluding critical habitat for threatened and endan-
gered species. 
(4) The last remaining grasslands in North Da-
kota, South Dakota, and Wyoming still show in 
many places, the historic ecological environment 
upon which the Lakota, Dakota, and Nakota people 
thrived for millennia. Coincidentally, these National 
Grasslands are also located near to or on the Res-
ervations upon which the remaining Lakota, Dakota, 
and Nakota people now live. 
(5) The Buffalo Gap National Grassland in 
South Dakota, comprising 589,000 acres, contains 
the last pristine, untilled prairie area in the United 
States and some of the most unique geological and 
paleontological places on the continent. Complete
vertebrate and invertebrate fossils can be found in 
this area which was once the bottom of an inland 
sea. Mixed grass vegetation provide for many wildlife 
species including pronghorn antelope, mule and 
white-tailed deer, prairie dogs, golden eagles, and 
mountain lions. It borders the north and west 
boundaries of the Pine Ridge Indian Reservation. 
(6) The Fort Pierre National Grassland covers 
116,000 acres of classic rolling prairie of waving 
grasses and is located south of Pierre, South Da-
kota, north of Interstate 90, and west of the Lower 
Brule Indian Reservation. Antelope, deer, prairie 
chicken, sharp-tailed grouse and waterfowl can be 
found here. Some of this area was pictured in the 
movie, ‘‘Dances With Wolves’’. 
(7) The Grand River National Grassland is 
comprised of mixed grass rolling prairie on 154,200 
acres located west and partially on the Standing 
Rock Indian Reservation and also on the Cheyenne 
River Indian Reservation. Pronghorn antelope, mule 
and white-tailed deer thrive in the solitude of this 
area. 
(8) The Cedar River National Grassland is 
6,800 acres of mixed grass prairie on rolling hills 
with streams and dry gullies located within the
Standing Rock Indian Reservation. In 1883, the last 
large buffalo hunt was held near this area and many 
places were and still are used for cultural cere-
monies. 
(9) The Sheyenne National Grasslands in North 
Dakota contains the last tall grass prairie area in 
the United States including the western prairie 
fringed orchid, an endangered species. Several but-
terfly species found in this area also appear to be 
declining in population. The approximately 70,300 
acres contain natural sandy blow-outs intermingled 
with oak savanna and river woodlands visited occa-
sionally by moose, although the entire area is sur-
rounded by intense farming. Located in southeastern 
North Dakota, the Sheyenne National Grasslands lie 
north of the Sisseton-Wahpeton Indian Reservation. 
(10) The Little Missouri National Grasslands in 
North Dakota is the largest of the grasslands com-
prising more than 1,000,000 acres. This is the his-
toric area visited by President Theodore Roosevelt. 
The panorama of the vast expanses of badlands and 
the winding Little Missouri River can be seen while
bison graze along the banks. Bighorn sheep walk 
along rocky outcrops as eagles and falcons keep the 
prairie dog populations in balance. Remote roadless
areas provide opportunities for extensive hiking and 
camping. Cedar trees stunted by the harsh climate 
grow in long winding canyons and help provide cover 
for antelope and deer. The Little Missouri National 
Grasslands lie to the southwest of the Fort Berthold 
Indian Reservation, where live the descendants of 
three tribes, the Mandan, Hidatsa, and Arikara who 
once lived along the Missouri River. 
(11) The Thunder Basin National Grassland in 
Wyoming is approximately 553,300 acres and is 
well-known in history for the conflicts between the 
Lakota people, led by Red Cloud, and the United 
States cavalry. The classic sagebrush grassland can 
be found in this area with cottonwood trees, 
greasewood, ponderosa pine and lowgrowing juniper 
bushes interspersed in canyons, and around narrow 
intermittent streams. Pronghorn antelope, prairie 
elk, and prairie dogs survive on the mixed-grass 
grasslands and shale upland landscapes. 
(b) PURPOSE.—The purpose of this Act is to con-
serve, protect, restore, and enhance for the benefit and 
enjoyment of present and future generations the unique, 
historic, and nationally important values of the public 
lands depicted on the Map, including geological, cultural, 
historic, paleontological, natural, scientific, recreational,
environmental, biological, wilderness, wildlife education, 
and scenic resources of such public lands, by establishing 
the Great Plains Historic Grassland Wilderness Area in 
the States of North Dakota, South Dakota, and Wyoming. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of Native American Wilderness Man-
agement. 
(2) MAP.—The term ‘‘Map’’ means the map 
prepared pursuant to section 6. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service. 
(4) WILDERNESS AREA.—The term ‘‘Wilderness 
Area’’ means the Great Plains Historic Grassland 
Wilderness Area established under section 4. 
SEC. 4. GREAT PLAINS HISTORIC GRASSLAND WILDERNESS 
DESIGNATION. 
(a) IN GENERAL.—There is established the Great 
Plains Historic Grassland Wilderness Area in the States 
of North Dakota, South Dakota, and Wyoming. 
(b) AREAS INCLUDED.—The Wilderness Area shall 
consist of all Federal lands within the Buffalo Gap Na-
tional Grasslands, the Fort Pierre National Grasslands,
and the Grand River National Grasslands in South Da-
kota, the Cedar River National Grasslands, the Sheyenne 
National Grasslands, and the Little Missouri Grasslands 
in North Dakota, and the Thunder Basin National Grass-
lands in Wyoming. 
SEC. 5. MANAGEMENT. 
(a) WILDERNESS AREA.—Except as otherwise pro-
vided in this subsection, the Wilderness Area shall be ad-
ministered by the Secretary. The federally recognized In-
dian tribe located on the Indian reservation nearest to a 
specific grassland may, upon request of such Indian tribe, 
assist in the management of the Wilderness Area under 
the direction of the Director. Grasslands located within 
the boundaries of an Indian reservation shall be under the 
total control of the Indian tribe of that reservation as a 
wilderness area only. 
(b) USES.—The Secretary shall allow only such uses 
of the Wilderness Area as the Secretary determines will 
further the purposes for which the Wilderness Area is es-
tablished. 
(c) WITHDRAWALS.—
(1) IN
GENERAL.—Subject to valid existing 
rights, including existing treaty rights with Native 
American tribes, all Federal lands within the Wilder-
ness Area are withdrawn from—
(A) all forms of entry, appropriation, or 
disposal under the public land laws; 
(B) location, entry, and patent under the 
mining laws; and 
(C) the operation of the mineral leasing, 
mineral materials, and geothermal leasing laws, 
and all amendments thereto. 
(2) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection shall be construed to affect discre-
tionary authority of the Secretary under other Fed-
eral laws to grant, issue, or renew rights-of-way or 
other land use authorizations consistent with other 
provisions of this Act. 
(d) MOTORIZED VEHICLE USE.—Except as needed 
for administrative and emergency response purposes, use 
of motorized vehicles in the Wilderness Area shall not be 
allowed. 
(e) HUNTING AND FISHING.—
(1) IN GENERAL.—Hunting and fishing shall be 
allowed within the Wilderness Area in accordance 
with applicable laws. 
(2) AREA AND TIME CLOSURES.—After coordi-
nation with tribal and State officials responsible for 
hunting and fishing regulations, the Secretary shall 
issue regulations designating zones where, and es-
tablishing limited periods when, hunting or fishing 
shall be prohibited in the Wilderness Area for rea-
sons of public safety, public use and enjoyment, or 
as provided in this Act. 
(f) WILDLIFE MANAGEMENT.—
(1) IN GENERAL.—In furtherance of the pur-
poses and principles of the Wilderness Act, the Sec-
retary shall carry out management activities within 
the Wilderness Area to maintain or restore fish and 
wildlife populations, and the habitats to support 
such populations, by not later than 2 years after the 
date of the enactment of this Act. 
(2) PURPOSE AND DATE OF REINTRODUCTION 
OF BISON.—In keeping with the historic preservation 
of the Wilderness Area, small herds of noncommer-
cial American bison shall be reintroduced into the 
Wilderness Area not later than 2 years after the 
date of the enactment of this Act. 
(3) 
MANAGEMENT
OF
AMERICAN
BISON 
HERDS.—Noncommercial American bison shall be 
reintroduced into the Wilderness Area not later than
2 years after the date of the enactment of this Act. 
The American bison herds shall be managed by the 
Secretary in coordination with the Director in ac-
cordance with the carrying capacities of each indi-
vidual grassland area and excess American bison in 
the culling process shall be allocated as live animals 
to the Lakota, Dakota, Nakota, Mandan, Hidatsa, 
Arikara, Northern Cheyenne, Arapaho, and Sho-
shone Indian tribes. 
(4) APPROPRIATIONS.—The Secretary shall re-
quest sufficient appropriations on a yearly basis to 
provide for the needs of adequately managing the 
wild American bison herds. 
(5) HUNTING OF BISON.—The hunting, stalk-
ing, harassing, or otherwise endangering the Amer-
ican bison shall be prohibited. 
(g) GRAZING PROHIBITED.—Because many studies 
have shown, cattle, sheep, or other commercialized animal 
grazing are detrimental to the health of the natural grass-
lands and ecosystems and negatively impact the accom-
panying waterways, streams, creeks, and rivers, grazing 
by cattle, sheep, or other commercialized animals shall be 
prohibited in the Wilderness Area. 
(h) BUFFER ZONES.—The Congress intends for the 
establishment of the Wilderness Area to lead to the cre-
ation of protective perimeters or buffer zones around the 
Wilderness Area. The fact that there may be activities or 
uses on lands outside the Wilderness Area that would not 
be allowed in the Wilderness Area shall not preclude such
activities or uses on such lands up to the boundary of the 
Wilderness Area consistent with other applicable laws. 
(i) ACQUISITION OF LANDS AND INTERESTS.—
(1) IN GENERAL.—The Secretary shall request 
adequate appropriations and may acquire non-Fed-
eral owned land and interests in lands located within 
the exterior boundaries of the Wilderness Area. Such 
land may be acquired at fair market value under 
this subsection by exchange, donation, or purchase 
from willing sellers only. 
(2) MANAGEMENT.—Land acquired under para-
graph (1) shall be managed as part of the Wilder-
ness Area. 
(j) NATIVE AMERICAN USES AND INTERESTS.—
(1) PROTECTION OF TRIBAL RIGHTS.—Nothing 
in this Act shall be construed to affect or modify any 
treaty or the rights of any Indian tribe or tribal 
member. 
(2) ACCESS.—The Secretary shall ensure access 
to the Wilderness Area by Indian tribes with an his-
toric affiliation to the area for traditional cultural 
and ceremonial purposes. In implementing this sec-
tion, the Secretary, upon the request of an Indian 
tribe, shall temporarily close to the general public 
the use of one or more specific portions of the Wil-
derness Area in order to protect the privacy of tradi-
tional cultural and ceremonial activities in such 
areas by Indian people. Any such closure shall be 
made to affect the smallest practicable area for the 
minimum period necessary for such purposes. Such 
access shall be consistent with the purpose and in-
tent of Public Law 95–341 (42 U.S.C. 1996 et seq.; 
commonly referred to as the ‘‘American Indian Reli-
gious Freedom Act’’). 
(3) CULTURAL
RESOURCES.—The Secretary 
shall give particular emphasis to the preservation 
and protection of cultural resources located within 
the Wilderness Area in accordance with the Archae-
ological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.) and the National Historic 
Preservation Act (16 U.S.C. 470 et seq.). Cultural 
resources within the protected areas shall be man-
aged in coordination with the Director, in consulta-
tion with the Indian tribes with an historic affili-
ation with the area, and with emphasis on the pres-
ervation of resources in the areas for the interpre-
tive, educational, and long-term uses of these re-
sources. 
(k) FIRE MANAGEMENT.—Wildland Fire Manage-
ment principles will be followed in all fires in the Wilder-
ness Area so that vehicular traffic and the use of chemical 
retardent can be kept to a minimum in order to protect 
the natural environment to the highest level possible as 
fire is a natural occurrence. 
SEC. 6. MAPS AND LEGAL DESCRIPTIONS. 
(a) PREPARATION AND SUBMISSION.—Not later than 
2 years after the date of the enactment of this Act, the 
Secretary shall prepare a map and a legal boundary de-
scription of the Wilderness Area and submit the maps and 
boundary descriptions to the Committee on Resources of 
the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate. 
(b) FORCE AND EFFECT.—The Map and legal de-
scriptions shall have the same force and effect as if in-
cluded in this Act, except that the Secretary may correct 
clerical and typographical errors in the Map and the legal 
descriptions. 
(c) PUBLIC AVAILABILITY.—Copies of the Map and 
the legal descriptions shall be on file and available for pub-
lic inspection in the Office of the Chief of the Forest Serv-
ice. 
(d) MAP CONTROLLING.—In the case of a discrep-
ancy between the Map and the descriptions, the Map shall 
control.
SEC. 7. STUDY OF RIVERS FOR ADDITION TO NATIONAL 
WILD AND SCENIC RIVERS SYSTEM. 
(a) PURPOSE.—The purpose of the study of the fol-
lowing named rivers is to ensure that the wildlife that are 
indigenous, reintroduced, or restored to the Wilderness 
Area shall have access to clean drinking water—
(1) in a form that is not man-made; 
(2) in keeping with the goal of the restoration 
of wilderness 
(3) that will sustain their future generations; 
and 
(4) that will provide an environment for the re-
newal of all life forms which originally inhabited 
these areas, including aquatic life. 
(b) DESCRIPTION.—
(1) Section 5(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(a)) is amended by adding at 
the end the following: 
‘‘( ) SHEYENNE RIVER, NORTH DAKOTA.—The seg-
ment from its headwaters to the intersection with North 
Dakota Highway 18.
‘‘( ) LITTLE MISSOURI RIVER, NORTH DAKOTA AND 
MONTANA.—The segment from its headwaters in Montana 
and North Dakota to its confluence with the Missouri 
River.
‘‘( ) CEDAR RIVER, NORTH DAKOTA.—The segment 
from its headwaters to its confluence with the Cannonball 
River in North Dakota. 
‘‘( ) GRAND RIVER, SOUTH DAKOTA.—The entire 
river. 
‘‘( ) CHEYENNE RIVER, WYOMING AND SOUTH DA-
KOTA.—The segment from its headwaters in Wyoming to 
Wasta, South Dakota.’’. 
(2) Section 5(b) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(b)) is amended by adding at 
the end the following: 
‘‘( )(A) The study of the Sheyenne River, North Da-
kota, the Little Missouri River, North Dakota and Mon-
tana, the Cedar River, North Dakota, the Grand River, 
South Dakota, the Cheyenne River, Wyoming and South 
Dakota shall be completed and the report submitted not 
later than 2 years after the date of enactment of this para-
graph. 
‘‘(B) In carrying out the study, the Secretary of Agri-
culture shall prepare a map of the watersheds of the 
Sheyenne River, North Dakota, the Little Missouri River, 
North Dakota and Montana, the Cedar River, North Da-
kota, the Grand River, South Dakota, and the Cheyenne 
River, Wyoming and South Dakota, and shall develop a 
recommended management plan for the rivers. The plan
shall provide recommendations as to the restoration, pro-
tection, and management of the rivers, including the role 
the tribal, State, and local governments, and affected land-
owners should play in the management of the rivers if they 
are designated as components of the National Wild and 
Scenic Rivers System. 
‘‘(C) The Secretary shall prepare the study including 
the recommended management plan in cooperation and 
consultation with the Director and with appropriate tribal, 
State, and local governments and affected landowners.’’. 
SEC. 8. OFFICE OF NATIVE AMERICAN WILDERNESS MAN-
AGEMENT. 
(a) ESTABLISHMENT.—There is established in the 
Department of the Interior the Office of Native American 
Wilderness Management. 
(b) DIRECTOR.—The head of the Office shall be the 
Director of Native American Wilderness Management, 
who shall—
(1) be appointed by the Secretary of the Inte-
rior in consultation with tribal governments of the 
Oglala Sioux Tribe, the Rosebud Sioux Tribe, the 
Cheyenne River Sioux Tribe, the Lower Brule Sioux 
Tribe, the Crow Creek Sioux Tribe, the Yankton 
Sioux Tribe, the Flandreau Santee Sioux Tribe, the 
Spirit Lake Sioux Tribe, the Sisseton Wahpeton
Sioux Tribe, the Standing Rock Sioux Tribe, and 
the Mandan-Hidatsa-Arikara Nation; and 
(2) be compensated at a rate not to exceed the 
rate applicable to level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(c) FUNCTIONS.—The Director shall—
(1) provide the coordination of Federal pro-
grams that provide assistance, including financial 
and technical assistance, to eligible tribal govern-
ments for their complete participation in the proc-
esses to manage, protect, and restore natural envi-
ronments; and 
(2) upon enactment of this Act, initiate a 2-
year study of the Wilderness Area, to be completed 
by the tribal colleges of the Oglala Sioux Tribe, the 
Rosebud Sioux Tribe, the Cheyenne River Sioux 
Tribe, the Lower Brule Sioux Tribe, the Crow Creek 
Sioux 
Tribe, 
the 
Yankton 
Sioux 
Tribe, 
the 
Flandreau Santee Sioux Tribe, the Spirit Lake 
Sioux Tribe, the Sisseton Wahpeton Sioux Tribe, the 
Standing Rock Sioux Tribe, and the Mandan-
Hidatsa-Arikara Nation, to determine the original 
species which inhabited the grasslands, the present 
condition of such species, and the steps necessary to 
restore the remaining species in the Wilderness Area
so that the grasslands may manifest their original, 
natural states as closely as possible. 
(d) REPORT.—Not later than December 31 of each 
year, the Secretary of the Interior and the Secretary of 
Agriculture, in consultation with the Director, shall sub-
mit to the Committee on Indian Affairs of the Senate and 
the Committee on Resources of the House of Representa-
tives, a report on the operation of the Office. Each report 
shall include the following: 
(1) For the period covered by the report, a 
summary of the activities conducted by the Sec-
retary of the Interior and the Secretary of Agri-
culture, acting through the Director, in carrying out 
this Act. 
(2) Any recommendations for legislation that 
the Secretary of the Interior and the Secretary of 
Agriculture, in consultation with the Director, deter-
mine to be necessary to fulfill the requirements of 
this Act. 
SEC. 9. AVAILABILITY OF APPROPRIATIONS. 
Amounts appropriated to carry out this Act may re-
main available until expended.
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