[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5489 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Plains Grasslands Wilderness
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The areas known as the Buffalo Gap National Grasslands,
the Fort Pierre National Grasslands, 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 Grasslands,
and the Little Missouri Grasslands, all noncontiguous areas
comprising only 2.3 percent of the total square miles of North
Dakota, and the Thunder 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 contain--
(A) the last living species of an irreplaceable
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 Grasslands 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 including 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, including
critical habitat for threatened and endangered species.
(4) The last remaining grasslands in North Dakota, 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
Reservations 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 Dakota, 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 ceremonies.
(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 butterfly 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 occasionally by moose,
although the entire area is surrounded 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 comprising more than
1,000,000 acres. This is the historic 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 conserve, 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 Management.
(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 National Grasslands, the Fort
Pierre National Grasslands, and the Grand River National Grasslands in
South Dakota, the Cedar River National Grasslands, the Sheyenne
National Grasslands, and the Little Missouri Grasslands in North
Dakota, and the Thunder Basin National Grasslands in Wyoming.
SEC. 5. MANAGEMENT.
(a) Wilderness Area.--Except as otherwise provided in this
subsection, the Wilderness Area shall be administered by the Secretary.
The federally recognized Indian 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 established.
(c) Withdrawals.--
(1) In general.--Subject to valid existing rights,
including existing treaty rights with Native American tribes,
all Federal lands within the Wilderness 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 discretionary authority of the
Secretary under other Federal 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 coordination with tribal
and State officials responsible for hunting and fishing
regulations, the Secretary shall issue regulations designating
zones where, and establishing limited periods when, hunting or
fishing shall be prohibited in the Wilderness Area for reasons
of public safety, public use and enjoyment, or as provided in
this Act.
(f) Wildlife Management.--
(1) In general.--In furtherance of the purposes and
principles of the Wilderness Act, the Secretary 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 noncommercial 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 accordance with the carrying
capacities of each individual 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 Shoshone Indian tribes.
(4) Appropriations.--The Secretary shall request 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, stalking, harassing, or
otherwise endangering the American 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 grasslands and ecosystems and negatively impact
the accompanying 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 creation 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-Federal 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 paragraph (1) shall be
managed as part of the Wilderness 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 historic affiliation
to the area for traditional cultural and ceremonial purposes.
In implementing this section, 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
Wilderness Area in order to protect the privacy of traditional
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
intent of Public Law 95-341 (42 U.S.C. 1996 et seq.; commonly
referred to as the ``American Indian Religious 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 Archaeological 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 managed in coordination
with the Director, in consultation with the Indian tribes with
an historic affiliation with the area, and with emphasis on the
preservation of resources in the areas for the interpretive,
educational, and long-term uses of these resources.
(k) Fire Management.--Wildland Fire Management principles will be
followed in all fires in the Wilderness 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 description 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 Energy and Natural
Resources of the Senate.
(b) Force and Effect.--The Map and legal descriptions shall have
the same force and effect as if included 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 public inspection in
the Office of the Chief of the Forest Service.
(d) Map Controlling.--In the case of a discrepancy 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 following 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 renewal 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 segment 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 Dakota.--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 Dakota, the Little
Missouri River, North Dakota and Montana, 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 paragraph.
``(B) In carrying out the study, the Secretary of Agriculture 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 Dakota, 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, protection, and management of the rivers, including the
role the tribal, State, and local governments, and affected landowners
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 MANAGEMENT.
(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 Interior 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 programs that
provide assistance, including financial and technical
assistance, to eligible tribal governments for their complete
participation in the processes to manage, protect, and restore
natural environments; 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 submit to the Committee on Indian Affairs of the
Senate and the Committee on Resources of the House of Representatives,
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 Secretary of the Interior and the
Secretary of Agriculture, 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, determine to be necessary to
fulfill the requirements of this Act.
SEC. 9. AVAILABILITY OF APPROPRIATIONS.
Amounts appropriated to carry out this Act may remain available
until expended.
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