[Senate Report 110-374]
[From the U.S. Government Publishing Office]
Calendar No. 806
110th Congress Report
SENATE
2d Session 110-374
======================================================================
OWYHEE PUBLIC LAND MANAGEMENT ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2833]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2833) to provide for the management of
certain public land in Owyhee County, Idaho, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Owyhee Public Land Management Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Account.--The term ``account'' means the Owyhee Land
Acquisition Account established by section 6(b)(1).
(2) County.--The term ``County'' means Owyhee County, Idaho.
(3) Owyhee front.--The term ``Owyhee Front'' means the area
of the County from Jump Creek on the west to Mud Flat Road on
the east and draining north from the crest of the Silver City
Range to the Snake River.
(4) Plan.--The term ``plan'' means a travel management plan
for motorized and mechanized off-highway vehicle recreation
prepared under section 8.
(5) Public land.--The term ``public land'' has the meaning
given the term in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means the State of Idaho.
(8) Tribes.--The term ``Tribes'' means the Shoshone Pauite
Tribes of the Duck Valley Reservation.
SEC. 3. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment.--The Secretary, in coordination with the Tribes,
State, and County, and in consultation with the University of Idaho,
Federal grazing permittees, and public, shall establish the Owyhee
Science Review and Conservation Center in the County to conduct
research projects to address natural resources management issues
affecting public and private rangeland in the County.
(b) Purpose.--The purpose of the center established under subsection
(a) shall be to facilitate the collection and analysis of information
to provide Federal and State agencies, the Tribes, the County, private
landowners, and the public with information on improved rangeland
management.
SEC. 4. WILDERNESS AREAS.
(a) Wilderness Areas Designation.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Big jacks creek wilderness.--Certain land
comprising approximately 52,826 acres, as generally
depicted on the map entitled ``Little Jacks Creek and
Big Jacks Creek Wilderness'' and dated May 5, 2008,
which shall be known as the ``Big Jacks Creek
Wilderness''.
(B) Bruneau-jarbidge rivers wilderness.--Certain land
comprising approximately 89,996 acres, as generally
depicted on the map entitled ``Bruneau-Jarbidge Rivers
Wilderness'' and dated May 5, 2008, which shall be
known as the ``Bruneau-Jarbidge Rivers Wilderness''.
(C) Little jacks creek wilderness.--Certain land
comprising approximately 50,929 acres, as generally
depicted on the map entitled ``Little Jacks Creek and
Big Jacks Creek Wilderness'' and dated May 5, 2008,
which shall be known as the ``Little Jacks Creek
Wilderness''.
(D) North fork owyhee wilderness.--Certain land
comprising approximately 43,413 acres, as generally
depicted on the map entitled ``North Fork Owyhee and
Pole Creek Wilderness'' and dated May 5, 2008, which
shall be known as the ``North Fork Owyhee Wilderness''.
(E) Owyhee river wilderness.--Certain land comprising
approximately 267,328 acres, as generally depicted on
the map entitled ``Owyhee River Wilderness'' and dated
May 5, 2008, which shall be known as the ``Owyhee River
Wilderness''.
(F) Pole creek wilderness.--Certain land comprising
approximately 12,533 acres, as generally depicted on
the map entitled ``North Fork Owyhee and Pole Creek
Wilderness'' and dated May 5, 2008, which shall be
known as the ``Pole Creek Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of
the House of Representatives a map and legal
description for each area designated as wilderness by
this Act.
(B) Effect.--Each map and legal description submitted
under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct minor errors in the map or legal
description.
(C) Availability.--Each map and legal description
submitted under subparagraph (A) shall be available in
the appropriate offices of the Bureau of Land
Management.
(3) Release of wilderness study areas.--
(A) In general.--Congress finds that, for the
purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the
public land in the County administered by the Bureau of
Land Management has been adequately studied for
wilderness designation.
(B) Release.--Any public land referred to in
subparagraph (A) that is not designated as wilderness
by this Act--
(i) is no longer subject to section 603(c) of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)); and
(ii) shall be managed in accordance with the
applicable land use plan adopted under section
202 of that Act (43 U.S.C. 1712).
(b) Administration.--
(1) In general.--Subject to valid existing rights, each area
designated as wilderness by this Act shall be administered by
the Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of
enactment of this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to
the Secretary of the Interior.
(2) Withdrawal.--Subject to valid existing rights, the
Federal land designated as wilderness by this Act is withdrawn
from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Livestock.--
(A) In general.--In the wilderness areas designated
by this Act, the grazing of livestock in areas in which
grazing is established as of the date of enactment of
this Act shall be allowed to continue, subject to such
reasonable regulations, policies, and practices as the
Secretary considers necessary, consistent with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4))
and the guidelines described in Appendix A of House
Report 101-405.
(B) Inventory.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall conduct
an inventory of existing facilities and improvements
associated with grazing activities in the wilderness
areas and wild and scenic rivers designated by this
Act.
(C) Fencing.--The Secretary may construct and
maintain fencing around wilderness areas designated by
this Act as the Secretary determines to be appropriate
to enhance wilderness values.
(D) Donation of grazing permits or leases.--
(i) Acceptance by secretary.--The Secretary
shall accept the donation of any valid existing
permits or leases authorizing grazing on public
land, all or a portion of which is within the
wilderness areas designated by this Act.
(ii) Termination.--With respect to each
permit or lease donated under clause (i), the
Secretary shall--
(I) terminate the grazing permit or
lease; and
(II) except as provided in clause
(iii), ensure a permanent end to
grazing on the land covered by the
permit or lease.
(iii) Common allotments.--
(I) In general.--If the land covered
by a permit or lease donated under
clause (i) is also covered by another
valid existing permit or lease that is
not donated under clause (i), the
Secretary shall reduce the authorized
grazing level on the land covered by
the permit or lease to reflect the
donation of the permit or lease under
clause (i).
(II) Authorized level.--To ensure
that there is a permanent reduction in
the level of grazing on the land
covered by a permit or lease donated
under clause (i), the Secretary shall
not allow grazing use to exceed the
authorized level established under
subclause (I).
(iv) Partial donation.--
(I) In general.--If a person holding
a valid grazing permit or lease donates
less than the full amount of grazing
use authorized under the permit or
lease, the Secretary shall--
(aa) reduce the authorized
grazing level to reflect the
donation; and
(bb) modify the permit or
lease to reflect the revised
level of use.
(II) Authorized level.--To ensure
that there is a permanent reduction in
the authorized level of grazing on the
land covered by a permit or lease
donated under subclause (I), the
Secretary shall not allow grazing use
to exceed the authorized level
established under that subclause.
(4) Acquisition of land and interests in land.--
(A) In general.--Consistent with applicable law, the
Secretary may acquire land or interests in land within
the boundaries of the wilderness areas designated by
this Act by purchase, donation, or exchange.
(B) Incorporation of acquired land.--Any land or
interest in land in, or adjoining the boundary of, a
wilderness area designated by this Act that is acquired
by the United States shall be added to, and
administered as part of, the wilderness area in which
the acquired land or interest in land is located.
(5) Trail plan.--
(A) In general.--The Secretary, after providing
opportunities for public comment, shall establish a
trail plan that addresses hiking and equestrian trails
on the land designated as wilderness by this Act, in a
manner consistent with the Wilderness Act (16 U.S.C.
1131 et seq.).
(B) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to
Congress a report that describes the implementation of
the trail plan.
(6) Outfitting and guide activities.--Consistent with section
4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)),
commercial services (including authorized outfitting and guide
activities) are authorized in wilderness areas designated by
this Act to the extent necessary for activities that fulfill
the recreational or other wilderness purposes of the areas.
(7) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall provide any owner of private property within the boundary
of a wilderness area designated by this Act adequate access to
the property.
(8) Fish and wildlife.--
(A) In general.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and
wildlife on public land in the State.
(B) Management activities.--
(i) In general.--In furtherance of the
purposes and principles of the Wilderness Act
(16 U.S.C. 1131 et seq.), the Secretary may
conduct any management activities that are
necessary to maintain or restore fish and
wildlife populations and habitats in the
wilderness areas designated by this Act, if the
management activities are--
(I) consistent with relevant
wilderness management plans; and
(II) conducted in accordance with
appropriate policies, such as the
policies established in Appendix B of
House Report 101-405.
(ii) Inclusions.--Management activities under
clause (i) may include the occasional and
temporary use of motorized vehicles, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values while causing the
minimum impact necessary to accomplish those
tasks.
(C) Existing activities.--Consistent with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1))
and in accordance with appropriate policies, such as
those established in Appendix B of House Report 101-
405, the State may use aircraft (including helicopters)
in the wilderness areas designated by this Act to
survey, capture, transplant, monitor, and provide water
for wildlife populations, including bighorn sheep, and
feral stock, feral horses, and feral burros.
(9) Wildfire, insect, and disease management.--Consistent
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take any measures that the
Secretary determines to be necessary to control fire, insects,
and diseases, including, as the Secretary determines
appropriate, the coordination of those activities with a State
or local agency.
(10) Adjacent management.--
(A) In general.--The designation of wilderness area
by this Act shall not create any protective perimeter
or buffer zone around the wilderness area.
(B) Nonwilderness activities.--The fact that
nonwilderness activities or uses can be seen or heard
from areas within a wilderness area designated by this
Act shall not preclude the conduct of those activities
or uses outside the boundary of the wilderness area.
(11) Military overflights.--Nothing in this Act restricts or
precludes--
(A) low-level overflights of military aircraft over
the areas designated as wilderness by this Act,
including military overflights that can be seen or
heard within the wilderness areas;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the wilderness areas.
(12) Water rights.--
(A) In general.--The designation of areas as
wilderness in section 4 shall not create an express or
implied reservation by the United States of any water
or water rights for wilderness purposes with respect to
such areas.
(B) Exclusions.--This paragraph does not apply to any
components of the National Wild and Scenic Rivers
System designated by section 5.
SEC. 5. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to the
White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to the
Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Battle creek, idaho.--The 23.4 miles of Battle Creek
from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered by
the Secretary of the Interior as a wild river.
``(171) Big jacks creek, idaho.--The 35.0 miles of Big Jacks
Creek from the downstream border of the Big Jacks Creek
Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which
it enters the NW \1/4\ of sec. 26, T. 10 S., R. 2 E., Boise
Meridian, to be administered by the Secretary of the Interior
as a wild river.
``(172) Bruneau river, idaho.--
``(A) In general.--Except as provided in subparagraph
(B), the 39.3-mile segment of the Bruneau River from
the downstream boundary of the Bruneau-Jarbidge
Wilderness to the upstream confluence with the west
fork of the Bruneau River, to be administered by the
Secretary of the Interior as a wild river.
``(B) Exception.--Notwithstanding subparagraph (A),
the 0.6-mile segment of the Bruneau River at the Indian
Hot Springs public road access shall be administered by
the Secretary of the Interior as a recreational river.
``(173) West fork bruneau river, idaho.--The approximately
0.35 miles of the West Fork of the Bruneau River from the
confluence with the Jarbidge River to the downstream boundary
of the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 5,
T. 13 S., R. 7 E., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
``(174) Cottonwood creek, idaho.--The 2.6 miles of Cottonwood
Creek from the confluence with Big Jacks Creek to the upstream
boundary of the Big Jacks Creek Wilderness, to be administered
by the Secretary of the Interior as a wild river.
``(175) Deep creek, idaho.--The 13.1-mile segment of Deep
Creek from the confluence with the Owyhee River to the upstream
boundary of the Owyhee River Wilderness in sec. 30, T. 12 S.,
R. 2 W., Boise Meridian, to be administered by the Secretary of
the Interior as a wild river.
``(176) Dickshooter creek, idaho.--The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek to a
point on the stream \1/4\ mile due west of the east boundary of
sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered
by the Secretary of the Interior as a wild river.
``(177) Duncan creek, idaho.--The 0.9-mile segment of Duncan
Creek from the confluence with Big Jacks Creek upstream to the
east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to
be administered by the Secretary of the Interior as a wild
river.
``(178) Jarbidge river, idaho.--The 28.8 miles of the
Jarbidge River from the confluence with the West Fork Bruneau
River to the upstream boundary of the Bruneau-Jarbidge Rivers
Wilderness, to be administered by the Secretary of the Interior
as a wild river.
``(179) Little jacks creek, idaho.--The 12.4 miles of Little
Jacks Creek from the downstream boundary of the Little Jacks
Creek Wilderness, upstream to the mouth of OX Prong Creek, to
be administered by the Secretary of the Interior as a wild
river.
``(180) North fork owyhee river, idaho.--The following
segments of the North Fork of the Owyhee River, to be
administered by the Secretary of the Interior:
``(A) The 5.7-mile segment from the Idaho-Oregon
State border to the upstream boundary of the private
land at the Juniper Mt. Road crossing, as a
recreational river.
``(B) The 15.1-mile segment from the upstream
boundary of the North Fork Owyhee River recreational
segment designated in paragraph (A) to the upstream
boundary of the North Fork Owyhee River Wilderness, as
a wild river.
``(181) Owyhee river, idaho.--
``(A) In general.--Subject to subparagraph (B), the
67.3 miles of the Owyhee River from the Idaho-Oregon
State border to the upstream boundary of the Owyhee
River Wilderness, to be administered by the Secretary
of the Interior as a wild river.
``(B) Access.--The Secretary of the Interior shall
allow for continued access across the Owyhee River at
Crutchers Crossing, subject to such terms and
conditions as the Secretary of the Interior determines
to be necessary.
``(182) Red canyon, idaho.--The 4.6 miles of Red Canyon from
the confluence of the Owyhee River to the upstream boundary of
the Owyhee River Wilderness, to be administered by the
Secretary of the Interior as a wild river.
``(183) Sheep creek, idaho.--The 25.6 miles of Sheep Creek
from the confluence with the Bruneau River to the upstream
boundary of the Bruneau-Jarbidge Rivers Wilderness, to be
administered by the Secretary of the Interior as a wild river.
``(184) South fork owyhee river, idaho.--
``(A) In general.--Except as provided in subparagraph
(B), the 31.4-mile segment of the South Fork of the
Owyhee River upstream from the confluence with the
Owyhee River to the upstream boundary of the Owyhee
River Wilderness at the Idaho-Nevada State border, to
be administered by the Secretary of the Interior as a
wild river.
``(B) Exception.--Notwithstanding subparagraph (A),
the 1.2-mile segment of the South Fork of the Owyhee
River from the point at which the river enters the
southernmost boundary to the point at which the river
exits the northernmost boundary of private land in sec.
25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be
administered by the Secretary of the Interior as a
recreational river.
``(185) Wickahoney creek, idaho.--The 1.5 miles of Wickahoney
Creek from the confluence of Big Jacks Creek to the upstream
boundary of the Big Jacks Creek Wilderness, to be administered
by the Secretary of the Interior as a wild river.''.
(b) Boundaries.--Notwithstanding section 3(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(b)), the boundary of a river segment
designated as a component of the National Wild and Scenic Rivers System
under this Act shall extend not more than the shorter of--
(1) an average distance of \1/4\ mile from the high water
mark on both sides of the river segment; or
(2) the distance to the nearest confined canyon rim.
(c) Land Acquisition.--The Secretary shall not acquire any private
land within the exterior boundary of a wild and scenic river corridor
without the consent of the owner.
SEC. 6. LAND IDENTIFIED FOR DISPOSAL.
(a) In General.--Consistent with applicable law, the Secretary may
sell public land located within the Boise District of the Bureau of
Land Management that, as of the date of enactment of this Act, has been
identified for disposal in appropriate resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a proportion
of the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury of the United States to be known as the ``Owyhee Land
Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be
available to the Secretary, without further
appropriation, to purchase land or interests in land
in, or adjacent to, the wilderness areas designated by
this Act, including land identified as ``Proposed for
Acquisition'' on the maps described in section 4(a)(1).
(B) Applicable law.--Any purchase of land or interest
in land under subparagraph (A) shall be in accordance
with applicable law.
(3) Applicability.--This subsection applies to public land
within the Boise District of the Bureau of Land Management sold
on or after January 1, 2008.
(c) Termination of Authority.--
(1) In general.--The authority provided under this section
terminates on the earlier of--
(A) the date that is 10 years after the date of
enactment of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) Availability of amounts.--Any amounts remaining in the
account on the termination of authority under this section
shall be--
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(C) used in accordance with that Act.
SEC. 7. TRIBAL CULTURAL RESOURCES.
(a) Coordination.--The Secretary shall coordinate with the Tribes in
the implementation of the Shoshone Paiute Cultural Resource Protection
Plan.
(b) Agreements.--The Secretary shall seek to enter into agreements
with the Tribes to implement the Shoshone Paiute Cultural Resource
Protection Plan to protect cultural sites and resources important to
the continuation of the traditions and beliefs of the Tribes.
SEC. 8. RECREATIONAL TRAVEL MANAGEMENT PLANS.
(a) In General.--In accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall,
in coordination with the Tribes, State, and County, prepare 1 or more
travel management plans for motorized and mechanized off-highway
vehicle recreation for the land managed by the Bureau of Land
Management in the County.
(b) Inventory.--Before preparing the plan under subsection (a), the
Secretary shall conduct resource and route inventories of the area
covered by the plan.
(c) Limitation to Designated Routes.--
(1) In general.--Except as provided in paragraph (2), the
plan shall limit recreational motorized and mechanized off-
highway vehicle use to a system of designated roads and trails
established by the plan.
(2) Exception.--Paragraph (1) shall not apply to snowmobiles.
(d) Temporary Limitation.--
(1) In general.--Except as provided in paragraph (2), until
the date on which the Secretary completes the plan, all
recreational motorized and mechanized off-highway vehicle use
shall be limited to roads and trails lawfully in existence on
the day before the date of enactment of this Act.
(2) Exception.--Paragraph (1) shall not apply to--
(A) snowmobiles; or
(B) areas specifically identified as open, closed, or
limited in the Owyhee Resource Management Plan.
(e) Schedule.--
(1) Owyhee front.--It is the intent of Congress that, not
later than 1 year after the date of enactment of this Act, the
Secretary shall complete a transportation plan for the Owyhee
Front.
(2) Other bureau of land management land in the county.--It
is the intent of Congress that, not later than 3 years after
the date of enactment of this Act, the Secretary shall complete
a transportation plan for Bureau of Land Management land in the
County outside the Owyhee Front.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
Purpose
The purposes of S. 2833 are to establish the Owyhee Science
Review and Conservation Center to provide information for
improved rangeland management; to designate approximately
517,000 acres of Bureau of Land Management lands in Owyhee
County, Idaho, as wilderness; to release approximately 198,000
acres of lands currently administered as wilderness study areas
for multiple use management; and to designate approximately 316
miles of rivers in Owyhee County as components of the National
Wild and Scenic Rivers System.
Background and Need
Owyhee County encompasses over 7,600 square miles of the
southwestern corner of Idaho. With a population of just over
11,000, it is a sparsely-populated area. Ranching is the
traditional and predominant economic force throughout the
county.
In 2000, the Owyhee County Commissioners invited a number
of interested parties to begin discussions with the goal of
resolving a wide range of natural resource issues in the
county. Over time, the discussions included representatives
from many interests within the county, including local
government officials, tribal representatives, ranchers,
conservationists, recreational users, and others. On May 10,
2006, the Owyhee Initiative Agreement was signed by 12
representatives of the organizations and entities involved in
the Owyhee Initiative Working Group.
Although S. 2833 does not ratify or incorporate the Owyhee
Initiative Agreement, the bill facilitates the implementation
of the concept behind the original agreement, consistent with
applicable Federal law.
S. 2833 would establish the Owyhee Science Review and
Conservation Center, to allow the Bureau of Land Management, in
coordination with other Tribal, State, and local governmental
entities, and in consultation with the University of Idaho,
Federal grazing permittees, and the public, to conduct research
and analysis to allow for improved rangeland management in
Owyhee County.
The wilderness areas to be designated by S. 2833 range from
deep river canyons to vast sagebrush and grassland plateaus
that provide habitat for sage grouse, pronghorn antelope,
bighorn sheep, songbirds, raptors, and numerous rare plant
species. Many of the river canyons within the proposed
wilderness areas are more than 1,000 feet deep. Rivers meander
for hundreds of miles through southwestern Idaho and form what
may be the largest, most unaltered, desert region remaining in
the continental United States.
The additions to the Wild and Scenic River System are
rugged, isolated, and unique. The Owyhee Uplands region is
unlike any other desert region in the United States because it
is dissected by hundreds of miles of free-flowing rivers. The
rivers begin in the mountains of northern Nevada, flowing north
across southwestern Idaho. Each river has cut a deep canyon
through alternating layers of black and red volcanic rock. Each
river also provides important habitat for wildlife, including
bighorn sheep and large flocks of waterfowl. There are no paved
roads along any of these rivers, although there are several
improved and unimproved dirt roads, which provide limited
access to these remote streams and ranches in the area. The
larger rivers, like the Owyhee and Bruneau, contain some of the
most challenging whitewater in the United States.
Legislative History
S. 2833 was introduced by Senator Crapo on April 9, 2008.
Senator Crapo introduced a related bill, S. 802, on March 7,
2007. In the 109th Congress, Senator Crapo introduced S. 3794,
which was identical to S. 802. The Subcommittee on Public Lands
and Forests held a hearing on S. 3794 on September 27, 2006. No
further action was taken on that bill.
The Subcommittee on Public Lands and Forests held a hearing
on the bill on April 22, 2008. At its business meeting on May
7, 2008, the Committee on Energy and Natural Resources ordered
S. 2833 favorably reported, with an amendment in the nature of
a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 2833, if amended as
described herein.
Committee Amendment
During its consideration of S. 2833, the Committee adopted
an amendment in the nature of a substitute. The amendment
updates the map and acreage references for the designated
wilderness areas and makes several other technical, clarifying,
and conforming changes. The amendment is explained in detail in
the section-by-section analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``Owyhee Public
Land Management Act of 2008''.
Section 2 defines key terms used in the bill.
Section 3(a) directs the Secretary of the Interior, in
coordination with the Shoshone Paiute Tribes of the Duck Valley
Reservation, the State of Idaho, and Owyhee County, and in
consultation with the University of Idaho, Federal grazing
permittees, and the public, to establish the Owyhee Science
Review and Conservation Center in Owyhee County to conduct
research projects to address natural resource management issues
affecting public and private rangeland in the county.
Subsection (b) states that the purpose of the Center is to
facilitate the collection and analysis of information to
provide Federal and State agencies, the tribes, the county,
private landowners, and the public with information on improved
rangeland management.
Section 4(a)(1) designates the following areas as
wilderness, to be administered by the Bureau of Land Management
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.):
Big Jacks Creek Wilderness.............................. 52,826 acres
Bruneau--Jarbidge Rivers Wilderness..................... 89,996 acres
Little Jacks Creek Wilderness........................... 50,929 acres
North Fork Owyhee Wilderness............................ 43,413 acres
Owyhee River Wilderness................................. 267,328 acres
Pole Creek Wilderness................................... 12,533 acres
Paragraph (2) directs the Secretary to submit a map and
legal description for each wilderness area designated by this
Act to the House and Senate authorizing committees.
Paragraph (3) provides for the release of approximately
198,000 acres of BLM lands from wilderness study status and
directs that the lands be managed in accordance with applicable
land use plans.
Subsection (b)(1) provides for the administration of the
areas designated as wilderness by this Act in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.).
Paragraph (2) withdraws all of the land designated as
wilderness by this Act from entry, appropriation, or disposal
under the public lands laws, from location, entry, and patent
under the mining laws, and from disposition under the mineral
leasing, mineral materials, and geothermal leasing laws.
Paragraph (3) provides for continued grazing of livestock
within the wilderness areas, where the use is established as of
the date of enactment of this Act. The Secretary is directed to
conduct an inventory of existing facilities and improvements
associated with grazing activities in the wilderness areas
within one year after the date of enactment.
Subparagraph (D) requires the Secretary to accept
thedonation of any valid grazing permit or lease, if any portion of the
permit or lease is within a wilderness area designated by this Act. If
a permit or lease is donated, the Secretary is directed to terminate
the permit or lease to ensure a permanent end to grazing on the
affected land. If the land covered by a donated permit or lease is part
of a common allotment, the Secretary is directed to reduce the
authorized grazing level on the land to reflect the donation of the
permit or lease and shall not allow grazing use to exceed the
authorized level. The subparagraph also makes clear that a permittee
may make a partial donation of the authorized grazing use.
Paragraph (4) authorizes the Secretary to acquire lands and
interests therein within the wilderness areas by purchase,
donation, or exchange.
Paragraph (5) directs the Secretary to establish a trail
plan that addresses hiking and equestrian trails within the
wilderness areas, consistent with the Wilderness Act.
Paragraph (6) clarifies that commercial services, including
authorized outfitting and guide activities, are authorized
within the wilderness areas to the extent necessary for
activities that fulfill the recreational or other wilderness
purpose of the area.
Paragraph (7) provides for access to private property
located within the wilderness areas in accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
Paragraph (8) states that nothing in this Act affects the
jurisdiction of the State of Idaho with respect to fish and
wildlife on public lands. The Secretary is authorized to
conduct wildlife management activities in the wilderness areas
in furtherance of the Wilderness Act, if the activities are
consistent with relevant wilderness management plans and
conducted in accordance with appropriate policies, as described
in Appendix B of House Report 101-405. The activities may
include the occasional and temporary use of motor vehicles, if
necessary to promote healthy, viable, and more naturally
distributed wildlife populations.
Paragraph (9) mirrors language in the Wilderness Act which
states that the Secretary may take any measures the Secretary
determines necessary to control fire, insects, or diseases.
Paragraph (10) clarifies that the designation of a
wilderness area shall not create a protective perimeter or
``buffer zone'' around the area.
Paragraph (11) provides that nothing in this Act restricts
or precludes low-level overflights of military aircraft over
the designated wilderness areas, flight testing and evaluation,
the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over the wilderness areas.
Paragraph (12) states that the designation of wilderness
shall not create an express or implied reservation by the
United States of any water or water rights for wilderness
purposes. The paragraph clarifies that this denial of a Federal
reserved water right does not apply to the components of the
National Wild and Scenic Rivers System designated by this Act.
Section 5(a) amends section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) to add 16 river segments as
additions to the Wild and Scenic Rivers System. The combined
length of the designated river segments is approximately 316
miles.
Subsection (b) limits the boundary of a river segment
designated by subsection (a) to the shorter of an average
distance of one-quarter mile from the high water mark on both
sides of the river segment, or the distance to the nearest
confined canyon rim.
Subsection (c) prohibits the Secretary from acquiring any
private land within the exterior boundary of a wild and scenic
river corridor without the consent of the owner.
Section 6(a) authorizes the Secretary to sell public land
located within the Boise District of the Bureau of Land
Management that, as of the date of enactment of this Act, has
been identified for disposal in appropriate resource management
plans.
Subsection (b) provides that notwithstanding any other
provision of law (other than a law providing for a portion of
land sale revenues to be distributed to a State education trust
fund), proceeds from the sale of lands under subsection (a)
shall be deposited in a separate account in the Treasury known
as the ``Owyhee Land Acquisition Account''. Amounts deposited
in the special account shall be available to the Secretary,
without further appropriation, to purchase lands, or interests
therein, in or adjacent to the wilderness areas designated by
this Act, including lands depicted on the referenced map. Any
land purchases using the special account are to be conducted in
accordance withapplicable law. The subsection applies to any
public lands sold in the Boise District on or after January 1, 2008.
Subsection (c) terminates the authority provided under this
section either ten years after the date of enactment, or the
date on which at least $8 million is expended, whichever is
earlier. Any funds remaining in the special account shall be
transferred to the Federal Land Disposal Account established
under the Federal Land Transaction Facilitation Act (43 U.S.C.
2305(a)) to be used for purchase of lands in Idaho in
accordance with that Act.
Section 7 directs the Secretary to coordinate with the
Shoshone Paiute Tribes of the Duck Valley Reservation in the
implementation of the Shoshone Paiute Cultural Resource
Protection Plan to protect cultural sites and resources
important to the continuation of the traditions and beliefs of
the tribes.
Section 8(a) requires the Secretary, in accordance with the
Federal Land Policy and Management Act of 1976, and in
coordination with the Tribes, the State of Idaho, and Owyhee
County, to prepare one or more travel management plans to
address motorized and mechanized off-highway vehicle recreation
for BLM-managed lands in Owyhee County.
Subsection (b) states that the Secretary is required to
conduct resource and route inventories of the area before
preparing the plan.
Subsection (c) provides that, with the exception of
snowmobiles, the plan shall limit recreational motorized and
mechanized off-highway vehicle use to a system of designated
roads and trails established by the plan.
Subsection (d) provides that until the plan is completed,
all recreational motorized and mechanized off-highway vehicle
use is limited to roads and trails lawfully in existence prior
to the date of enactment of this Act.
Subsection (e) states that it is the intent of Congress
that the Secretary shall complete a transportation plan for the
Owyhee Front area not later than one year after the date of
enactment of this Act, and that the transportation plan for the
remaining areas in Owyhee County be completed no later than
three years after the date of enactment of this Act.
Section 9 authorizes the appropriation of such sums as may
be necessary to carry out this Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2833--Owyhee Public Land Management Act of 2008
S. 2833 would designate land and waterways in southwestern
Idaho as wilderness or as wild or recreational rivers. The bill
also would authorize the Bureau of Land Management (BLM) to
sell certain lands in Idaho and spend the proceeds on acquiring
other properties in the state. Based on information provided by
BLM, CBO estimates that implementing the bill would have no
significant effect on discretionary spending. We estimate that
enacting the bill would result in additional direct spending of
about $5 million over the 2009-2013 period. The legislation
would not affect revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
Under S. 2833, about 517,000 acres of land, most of which
is already owned by BLM, would be added to the National
Wilderness Preservation System. About 316 miles of rivers and
creeks in the same area would be added to the Wild and Scenic
River System. Most of the acreage designated by the bill is
currently in wilderness study areas (WSA), which are managed by
BLM to protect their wilderness values; no additional resources
would be required to manage that acreage (or the small amount
of other BLM land not in a WSA) as wilderness. The agency could
incur additional discretionary costs to revise brochures, maps,
and signs to reflect the new designations (of both wilderness
and wild or recreational rivers), but CBO estimates that such
costs would be minimal because most such revisions would take
place in conjunction with scheduled reprinting and routine
maintenance. Other expenses--for possible fencing, resource
inventories, and other costs--would be minor.
Enacting S. 2833 would result in additional direct spending
because the bill would allow BLM to spend proceeds from sales
that would, under existing law, be deposited into the U.S.
Treasury. Under the bill, BLM could sell federal lands in the
Boise area that were identified for disposal before the
legislation's enactment and spend, without further
appropriation, up to $8 million of those proceeds to purchase
other land for the new wilderness area. BLM is already
authorized to dispose of all of that land under existing law,
but the authority to spend the proceeds of such sales only
applies to land that was identified for disposal before July
25, 2000. CBO expects that BLM would receive about $5 million
from selling land that was identified for disposal after that
date, resulting in additional direct spending of that amount
over the 2009-2013 period.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2833. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2833, as ordered reported.
Congressionally Directed Spending
S. 2833, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined by rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the April 22, 2008 hearing on S. 2833 follows:
Statement of Julie Jacobson, Deputy Assistant Secretary, Land and
Minerals Management, Department of the Interior
Thank you for inviting me to testify on S. 2833, the Owyhee
Public Lands Management Act of 2008. This bill seeks to resolve
a wide range of public land management issues and opportunities
on lands managed by the Bureau of Land Management (BLM) in
Owyhee County, Idaho. It is the result of years of intensive
efforts by the Idaho delegation, and particularly Senator
Crapo, working with local governments and the public to reach
consensus on difficult issues in the spirit of cooperative
conservation. We respect the resolution of local land use
conflicts in this matter, and support the bill with
modification of the formula for distributing the proceeds from
any land sales to ensure that an appropriate share of the
proceeds is returned to the Federal taxpayers. We would, like
to work to address this, and other areas of concern, with the
sponsor and the Committee.
background
Owyhee County encompasses over 7,600 square miles of the
southwestern corner of Idaho. It is the homeland of the
Shoshone-Paiute people and encompasses the Duck Valley
Reservation. With a population of just over 11,000, it is a
sparsely-peopled land where magnificent canyons, rushing
rivers, and wide-open skies dominate the landscape. Ranching is
the traditional and predominant economic activity throughout
Owyhee County.
In 2000, the Owyhee County Commissioners invited a number
of interested parties to begin discussions with an eye toward
resolving a wide range of natural resource issues in the
County. Innumerable meetings, conversations, and dialogues
ensued. Over time, this effort included representatives from
many interests within the County, including local government
officials, tribal representatives, ranchers, conservationists,
recreationists, and others.
The legislation before this Committee, S. 2833, is an
effort to realize those efforts. Senator Crapo deserves
recognition for his commitment to working toward collaborative
solutions in the spirit of cooperative conservation and
proposing this legislation to help resolve Owyhee County's
public land issues.
owyhee science review and conservation center
Section 3 of this bill requires the Secretary of the
Interior to establish the Owyhee Science Review and
Conservation Center in Owyhee County, Idaho. The stated
intention of the Center is to conduct research projects to
address natural resources management issues as they affect
public and private rangelands in Owyhee County with a goal of
providing information for improved rangeland management.
We do not oppose the establishment of this Center; however
we are concerned about the ongoing costs of establishing and
operating such a Center. We urge the Committee and the sponsor
to consider making section 3 subject to adequate
appropriations.
wilderness and wild & scenic rivers designations
The Department of the Interior supports the Wilderness and
Wild and Scenic River designations in the bill, subject to
adjustments in boundaries and management language as is routine
in such proposed designations. In general, the Department
supports the efforts of Congressional delegations to resolve
wilderness issues in their states. Congress has the sole
authority to designate lands to be managed as wilderness and we
have repeatedly urged that these issues be addressed
legislatively.
Section 4 of S. 2833 designates as wilderness 517,128 acres
in six separate areas and releases approximately 198,073 acres
from WSA status and will return these lands to the full range
of multiple public uses authorized by the Federal Land Policy
and Management Act (FLPMA). The Department generally supports
the designations and releases proposed by the legislation and
would like the opportunity to work with the sponsor and the
Committee on possible minor boundary adjustments to ensure
efficient manageability.
The areas identified to be designated as wilderness
include: Big Jacks Creek Wilderness, Bruneau-Jarbidge Rivers
Wilderness, Little Jacks Creek Wilderness, North Fork Owyhee
Wilderness, Owyhee River Wilderness and Pole Creek Wilderness.
These proposed wilderness areas contain beautiful and remote
desert landscapes. The terrain within the proposed wilderness
is diverse, ranging from deep river canyons to vast sagebrush
and grassland plateaus that provide habitat for sage-grouse,
pronghorn antelope, bighorn sheep, songbirds, raptors, and
numerous rare plant species. The river canyons are spectacular.
Many are more than 1,000 feet deep, nearly twice as deep as the
Washington Monument is tall. Rivers meander for hundreds of
miles through southwestern Idaho and form what may be the
largest, most unaltered, desert region remaining in the
continental United States.
Section 5 would designate more than 315 miles of waterways
as segments of the Wild and Scenic Rivers System. These river
segments, ranging from \3/10\ of a mile to over 67 miles, would
be established on 16 different rivers and creeks including the
Owyhee, Bruneau, and Jarbidge Rivers. As with wilderness, it is
the prerogative of the Congress to make determinations for
additions to the Wild and Scenic River System and we generally
defer to the consensus of individual congressional delegations
while providing input on manageability and potential conflicts.
The proposed additions to the Wild and Scenic River System
are rugged, isolated, and unique. This region, the Owyhee
Uplands, is unlike any other desert region in the United States
because it is dissected by hundreds of miles of free-flowing
rivers. The rivers begin in the mountains of northern Nevada
and, flowing north, radiate like spokes across southwestern
Idaho. Each river has cut a deep, magnificent canyon through
alternating layers of black and red volcanic rock. Each river
is also an oasis for wildlife, including bighorn sheep and
large flocks of waterfowl. There are no paved roads along any
of these rivers and only a few dirt roads provide limited
access to these remote streams. The larger rivers, like the
Owyhee and Bruneau, contain some of the most challenging
whitewater in the United States. River enthusiasts come from
around the country to float these rivers and experience some of
the ultimate river adventures in the United States.
relinquishment and retirement of grazing permits
Section 4(b)(3)(D) of S. 2833 provides for the voluntary
relinquishment of grazing permits or leases by permittees to
the Secretary of the Interior for authorized grazing on BLM-
managed lands within areas designated as wilderness by S. 2833.
Under the bill, the Secretary is required to accept the
donation of those permits or leases and is required to
permanently retire the allotments covered by the permits or
leases from grazing. Partial relinquishment and congruent
retirement of allotments is also provided for under this
subsection.
The BLM believes that grazing is a compatible use within
wilderness and there is a long history of legislation
accommodating grazing within wilderness designations. The BLM
is also concerned about retiring grazing permits. Were it not
for the Congressional acknowledgement of the choice of
individual permittees, and the rigor of the collaborative
process underlying these designations, BLM could only retire
grazing permits through land use planning processes. However,
the BLM also recognizes the value of working cooperatively and
collaboratively with local stakeholders to fulfill its
multiple-use mission on BLM lands. The BLM is committed to
working with the Committee, the sponsor, and stakeholders in
the spirit of cooperative conservation within our existing
authority.
disposal and acquisition of land
Section 6 of S. 2833 provides for the sale of lands
identified for disposal within the Boise District of the BLM
and the subsequent use of those proceeds for the acquisition of
private lands from willing sellers, within or adjacent to the
wilderness areas designated by this bill. Specifically, section
6(a) authorizes the sale of lands identified for disposal prior
to the date of enactment of the legislation. The proceeds from
any such sales taking place after January 1, 2008, would be
deposited in a special account and would be available for the
acquisition of private lands identified on the maps referenced
by the legislation or any other private lands within or
adjacent to the wilderness designated by S. 2833. This
authority expires at the end of 10 years or on the date when $8
million has been expended from the account, whichever happens
first. Amounts remaining in the account upon termination would
be transferred to the Federal Land Deposit Account authorized
by the Federal Land Transaction Facilitation Act (FLTFA) and
expended in accordance with FLTFA.
The Department notes that all such sales and acquisitions
would be undertaken consistent with applicable laws, including
FLPMA, and would be subject to appraisals completed in
accordance with the Uniform Appraisal Standards for Federal
Land Acquisition and the Uniform Standards of Professional
Appraisal Practice.
In addition, the manner in which the proceeds from land
sales are distributed requires significant modifications. As
noted above, we will work with the sponsors to ensure that this
bill returns an appropriate share of these proceeds to the
Federal taxpayer, consistent with the Administration's proposed
changes to the FLTFA. Our proposal would provide for a
consistent approach to the distribution of land sales proceeds
at the National level.
additional provisions
Section 7 requires the Secretary to coordinate with the
Shoshone Paiute Tribes in implementation of the Shoshone Paiute
Cultural Resource Protection Plan and seek agreements with the
Tribes to implement the plan in order to protect cultural sites
and resources important to the Tribes. One provision of that
plan includes a federally reimbursable law enforcement
agreement with Owyhee County for services from the Tribes. The
BLM and the Shoshone-Paiute Tribes have an excellent
cooperative relationship and work together effectively on a
wide range of public land management issues in southwest Idaho.
The Administration supports and endorses BLM's continuing and
expanding this cooperative relationship.
Finally, section 8 requires the BLM to prepare travel
management plan for public lands within Owyhee County.
Providing for the wise management and balance of all modes of
travel and user needs continues to be a priority for the BLM.
The BLM is currently in the process of developing travel
management plans throughout the West. We are committed to
completing those plans with full public participation in Owyhee
County and on all BLM-managed public lands. We would like the
opportunity to work with the sponsor and the Committee to
ensure this section provides for comprehensive travel and
transportation management planning.
We are concerned about the long-term costs of the bill not
only to the Department of the Interior and the BLM but also to
the Federal Treasury. Public expectations for large infusions
of Federal funds to accomplish this bill's authorizations
without a clear source of dollars could result in
disappointment and frustrate local working relationships.
Thank you for the opportunity to testify on this
legislation. S. 2833 is the result of years of intensive
efforts by Senator Crapo and many interested parties. We
applaud these efforts and look forward to working with the
Committee and Sponsor to address the issues addressed above, as
well as technical and conforming amendments. I will be happy to
answer any questions that you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2833 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
(Public Law 90-542; Approved October 2, 1968)
[16 U.S.C. 1271 et seq.]
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the ``Wild and Scenic Rivers Act''.
* * * * * * *
[( )] (167) White salmon river, washington.--The 20
miles of river segments of the main stem of the White
Salmon River and Cascade Creek, Washington, to be
administered by the Secretary of Agriculture in the
following classifications:
(A) The approximately 1.6-mile segment of the
main stem of the White Salmon River from the
headwaters on Mount Adams in section 17,
township 8 north, range 10 east, downstream to
the Mount Adams Wilderness boundary as a wild
river.
(B) The approximately 5.1-mile segment of
Cascade Creek from its headwaters on Mount
Adams in section 10, township 8 north, range 10
east, downstream to the MountAdams Wilderness
boundary as a wild river.
(C) The approximately 1.50-mile segment of
Cascade Creek from the Mount Adams Wilderness
boundary downstream to its confluence with the
White Salmon River as a scenic river.
(D) The approximately 11.8-mile segment of
the main stem of the White Salmon River from
the Mount Adams Wilderness boundary downstream
to the Gifford Pinchot National Forest boundary
as a scenic river.
[( )] (168) Black butte river, california.--The
following segments of the Black Butte River in the
State of California, to be administered by the
Secretary of Agriculture:
(A) The 16 miles of Black Butte River, from
the Mendocino County Line to its confluence
with Jumpoff Creek, as a wild river.
(B) The 3.5 miles of Black Butte River from
its confluence with Jumpoff Creek to its
confluence with Middle Eel River, as a scenic
river.
(C) The 1.5 miles of Cold Creek from the
Mendocino County Line to its confluence with
Black Butte River, as a wild river.
[(167)] (169) Musconetcong river, new jersey.--
(A) Designation.--The 24.2 miles of river
segments in New Jersey, consisting of--
(i) the approximately 3.5-mile
segment from Saxton Falls to the Route
46 bridge, to be administered by the
Secretary of the Interior as a scenic
river; and
(ii) the approximately 20.7-mile
segment from the Kings Highway bridge
to the railroad tunnels at Musconetcong
Gorge, to be administered by the
Secretary of the Interior as a
recreational river.
(B) Administration.--Notwithstanding section
10(c) the river segments designated under
subparagraph (A) shall not be administered as
part of the National Park System.
(170) Battle creek, idaho.--The 23.4 miles of Battle
Creek from the confluence of the Owyhee River to the
upstream boundary of the Owyhee River Wilderness, to be
administered by the Secretary of the Interior as a wild
river.
(171) Big jacks creek, idaho.--The 35.0 miles of Big
Jacks Creek from the downstream border of the Big Jacks
Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the
point at which it enters the NW\1/4\ of sec. 26, T. 10
S., R. 2 E., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
(172) Bruneau river, idaho.--
(A) In general.--Except as provided in
subparagraph (B), the 39.3-mile segment of the
Bruneau River from the downstream boundary of
the Bruneau-Jarbidge Wilderness to the upstream
confluence with the west fork of the Bruneau
River, to be administered by the Secretary of
the Interior as a wild river.
(B) Exception.--Notwithstanding subparagraph
(A), the 0.6-mile segment of the Bruneau River
at the Indian Hot Springs public road access
shall be administered by the Secretary of the
Interior as a recreational river.
(173) West fork bruneau river, idaho.--The
approximately 0.35 miles of the West Fork of the
Bruneau River from the confluence with the Jarbidge
River to the downstream boundary of the Bruneau Canyon
Grazing Allotment in the SE/NE of sec. 5, T. 13 S., R.
7 E., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
(174) Cottonwood creek, idaho.--The 2.6 miles of
Cottonwood Creek from the confluence with Big Jacks
Creek to the upstream boundary of the Big Jacks Creek
Wilderness, to be administered by the Secretary of the
Interior as a wild river.
(175) Deep creek, idaho.--The 13.1-mile segment of
Deep Creek from the confluence with the Owyhee River to
the upstream boundary of the Owyhee River Wilderness in
sec. 30, T. 12 S., R. 2 W., Boise Meridian, to be
administered by the Secretary of the Interior as a wild
river.
(176) Dickshooter creek, idaho.--The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek
to a point on the stream \1/4\ mile due west of the
east boundary of sec. 16, T. 12 S., R. 2 W., Boise
Meridian, to be administered by the Secretary of the
Interior as a wild river.
(177) Duncan creek, idaho.--The 0.9-mile segment of
Duncan Creek from the confluence with Big Jacks Creek
upstream to the east boundary of sec. 18, T. 10 S., R.
4 E., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
(178) Jarbidge river, idaho.--The 28.8 miles of the
Jarbidge River from the confluence with the West Fork
Bruneau River to the upstream boundary of the Bruneau
Jarbidge Rivers Wilderness, to be administered by the
Secretary of the Interior as a wild river.
(179) Little jacks creek, idaho.--The 12.4 miles of
Little Jacks Creek from the down stream boundary of the
Little Jacks Creek Wilderness, upstream to the mouth of
OX Prong Creek, to be administered by the Secretary of
the Interior as a wild river.
(180) North fork owyhee river, idaho.--The following
segments of the North Fork of the Owyhee River, to be
administered by the Secretary of the Interior:
(A) The 5.7-mile segment from the Idaho-
Oregon State border to the upstream boundary of
the private land at the Juniper Mt. Road
crossing, as a recreational river.
(B) The 15.1-mile segment from the upstream
boundary of the North Fork Owyhee River
recreational segment designated in paragraph
(A) to the upstream boundary of the North Fork
Owyhee River Wilderness, as a wild river.
(181) Owyhee river, idaho.--
(A) In general.--Subject to subparagraph (B),
the 67.3 miles of the Owyhee River from the
Idaho-Oregon State border to the upstream
boundary of the Owyhee River Wilderness, to be
administered by the Secretary of the Interior
as a wild river.
(B) Access.--The Secretary of the Interior
shall allow for continued access across the
Owyhee River at Crutchers Crossing, subject to
such terms and conditions as the Secretary of
the Interior determines to be necessary.
(182) Red canyon, idaho.--The 4.6 miles of Red Canyon
from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be
administered by the Secretary of the Interior as a wild
river.
(183) Sheep creek, idaho.--The 25.6 miles of Sheep
Creek from the confluence with the Bruneau River to the
upstream boundary of the Bruneau-Jarbidge Rivers
Wilderness, to be administered by the Secretary of the
Interior as a wild river.
(184) South fork owyhee river, idaho.--
(A) In general.--Except as provided in
subparagraph (B), the 31.4-mile segment of the
South Fork of the Owyhee River upstream from
the confluence with the Owyhee River to the up
stream boundary of the Owyhee River Wilderness
at the Idaho-Nevada State border, to be
administered by the Secretary of the Interior
as a wild river.
(B) Exception.--Notwithstanding subparagraph
(A), the 1.2-mile segment of the South Fork of
the Owyhee River from the point at which the
river enters the southernmost boundary to the
point at which the river exits the northernmost
boundary of private land in 4 sec. 25 and 26,
T. 14 S., R. 5 W., Boise Meridian, shall be
administered by the Secretary of the Interior
as a recreational river.
(185) Wickahoney creek, idaho.--The 1.5 miles of
Wickahoney Creek from the confluence of Big Jacks Creek
to the upstream boundary of the Big Jacks Creek
Wilderness, to be administered by the Secretary of the
Interior as a wild river.