To establish the Snake River Birds of Prey National Conservation Area in the State of Idaho, and for other purposes.
PL 103-64 (H.R.236), enacted 08/04/1993

107 STAT. 302 
PUBLIC LAW 103-64—AUG. 4, 1993 
Public Law 103-64 
103d Congress 
An Act 
Aug. 4, 1993 
[H.R. 236] 
Environmental 
protection. 
Public lands. 
16 u s e 460iii. 
To establish the Snake River Birds of Prey National Conservation Area in the 
State of Idaho, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. FINDINGS. 
The Congress finds the following: 
(1) The public lands managed by the Bureau of Land 
Management in the State of Idaho within the Snake River 
Birds of Prey Area contain one of the densest known nesting 
populations of eagles, falcons, owls, hawks, and other birds 
of prey (raptors) in North America. 
(2) These public lands constitute a valuable national 
biological and educational resource since birds of prey are 
important components of the ecosystem and indicators of 
environmental quality, and contribute significantly to the qual-
ity of wildlife and human communities. 
(3) These public lands also contain important historic and 
cultural 
resources 
(including 
significant 
archaeological 
resources) as well as other resources and values, all of which 
should be protected and appropriately managed. 
(4) A military training area within the Snake River Birds 
of Prey Area, known as the Orchard Training Area, has been 
used since 1953 by reserve components of the Armed Forces. 
Militaiy use of this area is currently governed by a Memoran-
dum of Understanding between the Bureau of Land Manage-
ment and the State of Idaho Military Division, dated May 
1985. Operating imder this Memorandum of Understanding, 
the Idaho National Guard has provided valuable assistance 
to the Bureau of Land Management with respect to fire control 
and other aspects of management of the Orchard Training 
Area and the other lands in the Snake River Birds of Prey 
Area. Military use of the lands within the Orchard Training 
Area should continue in accordance with such Memorandum 
of Understanding (or extension or renewal thereof), to the 
extent consistent with section 4(e) of this Act, because this 
would be in the best interest of training of the reserve compo-
nents (an important aspect of national security) and of the 
local economy. 
(5) Protection of the conservation area as a home for raptors 
can best and should be accomplished by the Secretary of the 
Interior, acting through the Bureau of Land Management, 
under a management plan that— 
PUBLIC LAW 103-64—AUG. 4, 1993 
107 STAT. 303 
(A) 
emphasizes 
management, 
protection, 
and 
rehabilitation of habitat for these raptors and of other 
resources and values of the area; 
(B) provides for continued military use, consistent vdth 
the requirements of section 4(e) of this Act, of the Orchard 
Training Area by reserve components of the Armed Forces; 
(C) addresses the need for public educational and 
interpretive opportimities; 
(D) allows for diverse appropriate uses of lands in 
the area to the extent consistent with the maintenance 
and enhancement of raptor populations and habitats and 
protection and sound management of other resources and 
values of the area; and 
(E) demonstrates management practices and tech-
niques that may be useful to other areas of the public 
lands and elsewhere. 
(6) There exists near the conservation area a facility, the 
World Center for Birds of Prey operated by The Peregrine 
Fund, Inc., where research, public education, recovery, and 
reestablishment operations exist for endangered raptor species. 
There also exists at Boise State University a raptor study 
program which attracts national and international graduate 
andundergraduate students. 
(7) The Bureau of Land Management and Boise State 
University, together with other State, Federal, and private 
entities, have formed the Raptor Research and Technical Assist-
ance Center to be housed at Boise State University, which 
provides a unique adjunct to the conservation area for raptor 
management, 
recovery, 
research, 
and 
public 
visitation, 
interpretation, and education. 
(8) Consistent with requirements of sections 202 and 302 
of the Federal Land Policv and Management Act of 1976 (43 
U.S.C. 1712 and 1732), the Secretary has developed a com-
prehensive management plan and, based on such plan, has 
implemented a management program for the public lands 
included in the conservation area established by this Act. 
(9) Additional authority and guidance must be provided 
to assure that essential raptor habitat remains in public owner-
ship, to facilitate soimd and effective planning and manage-
ment, to provide for effective public interpretation and edu-
cation, to ensure continued study of the relationship of humans 
and these raptors, to preserve the unique and irreplaceable 
habitat of the conservation area, and to conserve and properly 
manage the other natural resources of the area in concert 
with maintenance of this habitat. 
(10) An ongoing research program funded by the Bureau 
of Land Management and the National Guard is intended to 
provide information to be used in connection with future 
decisionmaking concerning management of all uses, including 
continued military use, of public lands within the Snake River 
Birds of Prey Area. 
(11) Public lands in the Snake River Birds of Prey Area 
have been used for domestic livestock grazing for more than 
a century, with resultant benefits to community stability and 
contributions to the local and State economies. It has not been 
demonstrated that continuation of this use would be incompat-
ible with appropriate protection and sound management of 
107 STAT. 304 
PUBLIC LAW 103-64—AUG. 4, 1993 
raptor habitat and the other resource values of these lands; 
therefore, subject to the determination provided for in section 
4(f), it is expected that such grazing will continue in accordance 
with applicable regulations of the Secretary and the manage-
ment plan for the conservation area. 
(12) Hydroelectric facilities for the generation and trans-
mission of electricity exist within the Snake River Birds of 
Prey Area pursuant to a license(s) issued by the Federal Energy 
Regulatory Commission, or its predecessor, the Federal Power 
Commission. 
16 use 460iii-l. SEC. 2. DEFINITIONS. 
As used in this Act: 
(1) The term "Secretary" means the Secretary of the 
Interior. 
(2) The term "conservation area" means the Snake River 
Birds of Prey National Conservation Area established by section 
3. 
(3) The term "raptor" or "raptors" means individuals or 
populations of eagles, falcons, owls, hawks, and other birds 
of prey. 
(4) The term "raptor habitat" includes the habitat of the 
raptor prey base as well as the nesting and hunting habitat 
of raptors within the conservation area. 
(5) The term "Memorandum of Understanding" means the 
Memorandum of Understanding #ID-237, dated May 1985, 
between the State of Idaho Military Division and the Bureau 
of Land Management. 
(6) The term "Orchard Training Area" means that area 
generally so depicted on the map referred to in section 3(b), 
and as described in the Memorandum of Understanding as 
well as the air space over the same. 
(7) The term "Impact Area" means that area which was 
used for the firing of live artillery projectiles and is used for 
live fire ranges of all tjrpes and, therefore, poses a danger 
to public safety and which is generally so depicted on the 
map referred to in section 3(b). 
(8) The term "Artillery Impact Area" means that area 
within the Impact Area into which live projectiles are fired, 
which is generally described as that area labeled as such on 
the map referred to in section 3(b). 
(9) The term "the plan" means the comprehensive manage-
ment plan developed for the conservation area, dated August 
30, 1985, together with such revisions thereto as may be 
required in order to implement this Act. 
(10) The term "hydroelectric facilities" means all facilities 
related to the generation, transmission, and distribution of 
hydroelectric power and which are subject to, and authorized 
by, a license(s), and any and all amendments thereto, issued 
by the Federal Energy Regulatory Commission. 
16 use 460iii-2. 
SEC. 3. ESTABUSHMENT OF NATIONAL CONSERVATION AREA. 
(a) ESTABUSHMENT AND PURPOSES.—(1) There is hereby estab-
lished the Snake River Birds of Prey National Conservation Area 
(hereafter referred to as the "conservation area"). 
(2) The purposes for which the conservation area is esteblished, 
and shall be managed, are to provide for the conservation, protec-
tion, and enhancement of raptor populations and habitats and the 
PUBLIC LAW 103-64—AUG. 4, 1993 
107 STAT. 305 
natural and environmental resources and values associated there-
with, and of the scientific, cultural, and educational resources and 
values of the public lands in the conservation area. 
(3) Subject to the provisions of subsection (d) of this section 
and section 4, uses of the public lands in the conservation area 
existing on the date of enactment of this Act shall be allowed 
to continue. 
(b) AREA INCLUDED.—^The conservation area shall consist of 
approximately 482,457 acres of federally owned lands and interests 
therein managed by the Bureau of Land Management as generally 
depicted on the map entitled "Snake River Birds of Prey National 
Conservation Area", dated November 1991. 
(c) MAP AND LEGAL DESCRIPTION.—^As soon as is practicable 
after enactment of this Act, the map referred to in subsection 
(b) and a legal description of the conservation area shall be filed 
by the Secretary with the Committee on Natural Resources of 
the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate. Each such map shall have the 
same force and efTect as if included in this Act; except that the 
Secretary may correct clerical and typographical errors in such 
map and legal description. Each such map shall be on file and 
available for public inspection in the office of the Director and 
the Idaho State Director of the Bureau of Land Management of 
the Department of the Interior. 
(d) WITHDRAWALS.—Subject to valid existing rights, the Federal 
lands within the conservation area are hereby withdrawn from 
all forms of entry, appropriation, or disposal under the public land 
laws; and from entry, application, and selection under the Act 
of March 3, 1877 (Ch. 107, 19 Stat. 377, 43 U.S.C. 321 et seq.; 
commonly referred to as the "Desert Lands Act"), section 4 of 
the Act of August 18, 1894 (Ch. 301, 28 Stat. 422; 43 U.S.C. 
641; commonly referred to as the "Carey Act"), the Act of July 
3, 1890 (Ch. 656, 26 Stat. 215; commonly referred to as the "State 
of Idaho Admissions Act"), section 2275 of the Revised Statutes, 
as amended (43 U.S.C. 851), and section 2276 of the Revised Stat-
utes, as amended (43 U.S.C^. 852). The Secretary shall return to 
the applicants any such applications pending on the date of enact-
ment of this Act, without further action. Subject to valid existing 
rights, as of the date of enactment of this Act, lands within the 
Birds of Prey Conservation Area are withdrawn from location under 
the general mining laws, the operation of the mineral and geo-
thermal leasing laws, and the mineral material disposal laws, except 
that mineral materials subject to disposal may be made available 
from existing sites to the extent compatible with the purposes 
for which the conservation area is established. 
SEC. 4. MANAGEMENT AND USE. 
16 USC 460iii-3. 
(a) IN GENERAL.—(IXA) Within 1 year after the date of enact-
ment of this Act, the Secretary shall make any revisions in the 
existing management plan for the conservation area as necessary 
to assure its conformance with this Act, and no later than January 
1, 1996, shall finalize a new management plan for the conservation 
area. 
(B) Thereafter, the Secretary shall review the plan at least 
once every 5 years and shall make such revisions as may be nec-
essary or appropriate. 
107 STAT. 306 
PUBLIC LAW 103-64—AUG. 4, 1993 
(C) In reviewing and revising the plan, the Secretary shall 
provide for appropriate public participation. 
(2) Except as otherwise specifically provided in section 3(d) 
and subsections (d), (e), and (f) of this section, the Secretary shall 
allow only such uses of lands in the conservation area as the 
Secretary determines will further the purposes for which the Con-
servation Area is established. 
(b) MANAGEMENT GUIDANCE.—^After each review pursuant to 
subsection (a), the Secretary shall make such revisions as may 
be needed so that the plan and management program to implement 
the plan include, in addition to any other necessary or appropriate 
provisions, provisions for— 
(1) protection for the raptor populations and habitats and 
the scientific, cultural, and educational resources and values 
of the public lands in the conservation area; 
(2) identifying levels of continued military use of the 
Orchard Training Area compatible with paragraph (1) of this 
subsection; 
(3) public use of the conservation area consistent with 
the purposes of this Act; 
(4) interpretive and educational opportunities for the pub-
lic; 
(5) a program for continued scientific investigation and 
study to provide information to support soimd management 
in accordance with this Act, to advance knowledge of raptor 
species and the resources and values of the conservation area, 
and to provide a process for transferring to other areas of 
the public lands and elsewhere this knowledge and manage-
ment experience; 
(6) such vegetative enhancement and other measures as 
may be necessary to restore or enhance prey habitat; 
(7) the identification of levels, tj^es, timing, and terms 
and conditions for the allowable nonmilitary uses of lands 
within the conservation area that will be compatible with the 
protection, maintenance, and enhancement of raptor popu-
lations and habitats and the other purposes for which the 
conservation area is established; and 
(8) assessing the desirability of imposing appropriate fees 
for public uses (including, but not limited to, recreational use) 
of lands in the conservation area, which are not now subject 
to fees, to be used to further the purposes for which the con-
servation area is established. 
(c) VISITORS CENTER.—^The Secretary, acting through the Direc-
tor of the Bureau of Land Management, is authorized to establish, 
in cooperation with other public or private entities as the Secretary 
may deem appropriate, a visiters center designed to interpret the 
history and the geological, ecological, natural, cultural, and other 
resources of the conservation area and the biology of the raptors 
and their relationships to man. 
(d) VISITORS USE OF AREA.—In addition to the Visitors Center, 
the Secretary may provide for visitor use of the public lands in 
the conservation area to such extent and in such manner as the 
Secretary considers consistent with the protection of raptors and 
raptor habitat, public safety, and the purposes for which the con-
servation area is established. To the extent practicable, the Sec-
retary shall make available to visitors and other members of the 
PUBLIC LAW 103-64—AUG. 4, 1993 
107 STAT. 307 
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 Reports. 
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 01 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(aXl)(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 
107 STAT. 308 
PUBLIC LAW 103-64—AUG. 4, 1993 
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 tne 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. 
16 use 460iii-4. 
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 
sifter 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. 
16 use 460iii-5. 
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. 
PUBLIC LAW 103-64—AUG. 4, 1993 
107 STAT. 309 
including but not limited to the National Historic Preservation 
Act, the Archaeological Resoiirces 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-
Ushed as a natural area in October 1971 by Public Land Order 
5133 have been adequately studied and foimd 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 (dX3) 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"). 
107 STAT. 310 
PUBLIC LAW 103-64—AUG. 4, 1993 
16 u s e 460iii-6. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out this Act. 
Approved August 4, 1993, 
LEGISLATIVE HISTORY—H.R. 236: 
HOUSE REPORTS: No. 103-80, Pt. 1 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-108 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
May 11, considered and passed House. 
July 28, considered and passed Senate.