[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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