[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3794 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3794

 To provide for the implementation of the Owyhee Initiative Agreement, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2006

   Mr. Crapo introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the implementation of the Owyhee Initiative Agreement, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Owyhee Initiative 
Implementation Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. General provisions.
                  TITLE I--OWYHEE INITIATIVE AGREEMENT

Sec. 101. Implementation.
Sec. 102. Science review program.
Sec. 103. Conservation and research center program.
Sec. 104. Authorization of appropriations.
            TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS

Sec. 201. Wilderness designation.
Sec. 202. Designation of wild and scenic rivers.
Sec. 203. Administration of wilderness and wild and scenic rivers.
Sec. 204. Land exchanges and acquisitions and grazing preferences.
Sec. 205. Authorization of appropriations.
          TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT

Sec. 301. Transportation plans.
Sec. 302. Authority.
Sec. 303. Cooperative agreements.
Sec. 304. Authorization of appropriations.
                      TITLE IV--CULTURAL RESOURCES

Sec. 401. Findings.
Sec. 402. Implementation.
Sec. 403. Authorization of appropriations.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Owyhee-Bruneau Canyonlands Region is one of the 
        most spectacular high deserts in the United States, unique in 
        geology and rich in history;
            (2) the Shoshone Paiute Indian tribes have put forth claims 
        to aboriginal rights in the Region;
            (3) since the 1860s, ranching has been an important part of 
        the heritage, culture, and economy of the Region;
            (4) the Region has tremendous opportunities for outdoor 
        recreation;
            (5) there has been longstanding conflict over management of 
        the public land in the Region;
            (6) in 2001, the Owyhee County Board of Commissioners and 
        the Tribes brought together a diverse group of interests, with 
        the intent that the Tribes and the County, through government-
        to-government coordination, could mutually launch a process for 
        achieving resolution of land use conflicts, protection of the 
        landscape resource, protection of cultural resources, and 
        economic stability; and
            (7) as a result of the process described in paragraph (6), 
        the Owyhee Initiative Agreement, an agreement between a 
        coalition of representatives of landowners, ranchers, 
        environmental organizations, County government, and recreation 
        groups appointed in the County by the Board of County 
        Commissioners, was formed to develop a natural resources 
        project that promotes ecological and economic health within the 
        County.
    (b) Purpose.--The purpose of this Act is to provide for the 
implementation of the Owyhee Initiative Agreement to--
            (1) preserve the natural processes that create and maintain 
        a functioning, unfragmented landscape that supports and 
        sustains a flourishing community of human, plant, and animal 
        life;
            (2) provide for economic stability by preserving livestock 
        grazing as an economically viable use; and
            (3) provide for the protection of cultural resources.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Owyhee Initiative Project.
            (2) Bureau.--The term ``Bureau'' means the Bureau of Land 
        Management.
            (3) County.--The term ``County'' means Owyhee County, 
        Idaho.
            (4) Ordinary high water mark.--The term ``ordinary high 
        water mark'' shall have such meaning as is given the term by 
        the legislature of the State.
            (5) Owyhee front.--The term ``Owyhee Front'' means that 
        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.
            (6) Owyhee initiative agreement.--The term ``Owyhee 
        Initiative Agreement'' means the agreement that provides for 
        the implementation of a project for the promotion of ecological 
        and economic health within the County entered into by a 
        coalition of representatives of landowners, ranchers, 
        environmental organizations, County government, and recreation 
        groups appointed in the County by the Board of County 
        Commissioners, entitled ``Owyhee Initiative Agreement'', as 
        amended on May 10, 2006.
            (7) Plan.--The term ``Plan'' means the Shoshone Paiute 
        Tribal Cultural Resource Protection Plan approved by the 
        Tribes.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) State.--The term ``State'' means the State of Idaho.
            (10) Tribes.--The term ``Tribes'' means the Shoshone-Paiute 
        Tribes of the Duck Valley Indian Reservation.

SEC. 4. GENERAL PROVISIONS.

    (a) No Precedence.--Nothing in this Act establishes a precedent 
with regard to any future legislation.
    (b) Native American Recognition and Uses.--Nothing in this Act 
diminishes or otherwise affects--
            (1) the trust responsibility of the United States to Indian 
        tribes and Indian individuals;
            (2) the government-to-government relationship between the 
        United States and federally recognized Indian tribes;
            (3) the rights of any Indian tribe, including rights of 
        access to Federal land for tribal activities, including 
        spiritual, cultural, and traditional food-gathering activities; 
        or
            (4) the sovereignty of any Indian tribe.

                  TITLE I--OWYHEE INITIATIVE AGREEMENT

SEC. 101. IMPLEMENTATION.

    (a) In General.--The Secretary shall coordinate with the Board and 
the County in implementing this Act in accordance with applicable laws 
and regulations.
    (b) Effect on Public Participation.--Nothing in this Act diminishes 
or otherwise affects any applicable law or regulation relating to 
public participation.

SEC. 102. SCIENCE REVIEW PROGRAM.

    (a) In General.--The Secretary shall coordinate with the Board in 
the conduct of the science review process as described in the Owyhee 
Initiative Agreement.
    (b) Management Actions.--Notwithstanding the review process under 
this section, the Secretary shall proceed with management actions in a 
timely manner in accordance with applicable laws (including 
regulations).

SEC. 103. CONSERVATION AND RESEARCH CENTER PROGRAM.

    The Secretary shall coordinate with the Board with respect to the 
conservation and research center program, as described in the Owyhee 
Initiative Agreement.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this title $20,000,000.

            TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS

SEC. 201. WILDERNESS DESIGNATION.

    (a) In General.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following land in the State is 
designated as wilderness and as components of the National Wilderness 
Preservation System:
            (1) Big jacks creek wilderness.--Certain land comprising 
        approximately 51,624 acres, as generally depicted on the map 
        entitled ``Big Jacks Creek Wilderness'' and dated September 1, 
        2006, which shall be known as the ``Big Jacks Creek 
        Wilderness''.
            (2) Bruneau-jarbidge rivers wilderness.--Certain land 
        comprising approximately 91,328 acres, as generally depicted on 
        the map entitled ``Bruneau-Jarbidge Rivers Wilderness'' and 
        dated September 1, 2006, which shall be known as the ``Bruneau-
        Jarbidge Rivers Wilderness''.
            (3) Little jacks creek wilderness.--Certain land comprising 
        approximately 49,647 acres, as generally depicted on the map 
        entitled ``Little Jacks Creek Wilderness'' and dated September 
        1, 2006, which shall be known as the ``Little Jacks Creek 
        Wilderness''.
            (4) North fork owyhee wilderness.--Certain land comprising 
        approximately 43,113 acres, as generally depicted on the map 
        entitled ``North Fork Owyhee Wilderness'' and dated September 
        1, 2006, which shall be known as the ``North Fork Owyhee 
        Wilderness''.
            (5) Owyhee river wilderness.--Certain land comprising 
        approximately 269,016 acres, as generally depicted on the map 
        entitled ``Owyhee River Wilderness'' and dated September 1, 
        2006, which shall be known as the ``Owyhee River Wilderness''.
            (6) Pole creek wilderness.--Certain land comprising 
        approximately 12,468 acres, as generally depicted on the map 
        entitled ``Pole Creek Wilderness'' and dated September 1, 2006, 
        which shall be known as the ``Pole Creek Wilderness''.
    (b) Release of Wilderness Study Areas.--
            (1) Finding.--Congress finds that, for the purposes of 
        section 603 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1782), the public land in the County 
        administered by the Bureau in the following areas has been 
        adequately studied for wilderness designation:
                    (A) The Sheep Creek East Wilderness Study Area.
                    (B) The Sheep Creek West Wilderness Study Area.
                    (C) The Squaw Creek Canyon Wilderness Study Area.
                    (D) The West Fork Red Canyon Wilderness Study Area.
                    (E) The Upper Deep Creek Wilderness Study Area.
                    (F) The Big Willow Springs Wilderness Study Area.
                    (G) The Middle Fork Owyhee River Wilderness Study 
                Area.
                    (H) Any portion of the wilderness study areas--
                            (i) not designated as wilderness by 
                        subsection (a); and
                            (ii) designated for release on the map 
                        dated September 1, 2006.
            (2) Release.--Any public land described in paragraph (1) 
        that is not designated as wilderness by this subsection--
                    (A) 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
                    (B) shall be managed in accordance with land 
                management plans adopted under section 202 of that Act 
                (43 U.S.C. 1712).
    (c) Maps and Legal Descriptions.--
            (1) 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 Resources of the House of Representatives a map 
        and legal description for each area designated as wilderness by 
        this Act.
            (2) Effect.--Each map and legal description submitted under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        minor errors in such a map or legal description.
            (3) Availability of maps.--The maps submitted under 
        paragraph (1) shall be available for public inspection in--
                    (A) the offices of the Idaho State Director of the 
                Bureau; and
                    (B) the offices of the Boise and Twin Falls 
                Districts of the Bureau.

SEC. 202. DESIGNATION OF WILD AND SCENIC RIVERS.

    (a) Statement of Intent.--The intent of wild, scenic, and 
recreational river designations under this subsection is to resolve the 
wild, scenic, and recreational river status of the segments within the 
County, as depicted on the maps submitted under section 201(c).
    (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)) is amended--
            (1) by redesignating the last paragraph (relating to the 
        White Salmon River, Washington) as paragraph (167); and
            (2) by adding at the end the following:
            ``(168) Battle creek, idaho.--The 23.4 miles of Battle 
        Creek in the State of Idaho 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.
            ``(169) Big jacks creek, idaho.--The 35.0 miles of Big 
        Jacks Creek in the State of Idaho 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, Idaho, to be administered by the 
        Secretary of the Interior as a wild river.
            ``(170) 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 and the Jarbidge River, 
                to be administered by the Secretary of the Interior as 
                a wild river.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                the .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.
            ``(171) West fork of the bruneau river, idaho.--The 6.2 
        miles of the West Fork of the Bruneau River in the State of 
        Idaho from the confluence with the Jarbidge River to the 
        upstream Bruneau-Jarbidge Rivers Wilderness border, to be 
        administered by the Secretary of the Interior as a wild river.
            ``(172) Camas creek, idaho.--The 3.0 miles of Camas Creek 
        in the State of Idaho from the confluence with Pole Creek to 
        the east boundary of sec. 26, T. 10 S., R. 2 W., Boise 
        Meridian, Idaho, to be administered by the Secretary of the 
        Interior as a scenic river.
            ``(173) Cottonwood creek, idaho.--The 2.6 miles of 
        Cottonwood Creek in the State of Idaho 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.
            ``(174) Deep creek, idaho.--The following segments of Deep 
        Creek in the State of Idaho, to be administered by the 
        Secretary of the Interior:
                    ``(A) 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, Idaho, as a wild river.
                    ``(B) The 26.4-mile segment of Deep Creek from the 
                boundary of Owyhee River Wilderness in sec. 30, T. 12 
                S., R. 2 W., Boise Meridian, Idaho, to the upstream 
                crossing of Mud Flat Road, as a scenic river.
            ``(175) Dickshooter creek, idaho.--The 11.0 miles of 
        Dickshooter Creek in the State of Idaho from the confluence 
        with Deep Creek to the upstream boundary of the Owyhee River 
        Wilderness, to be administered by the Secretary of the Interior 
        as a wild river.
            ``(176) Duncan creek, idaho.--The following segments of 
        Duncan Creek in the State of Idaho, to be administered by the 
        Secretary of the Interior:
                    ``(A) The 5.2-mile segment of Duncan Creek from the 
                eastern boundary of sec. 18, T. 10 S., R. 4 E., Boise 
                Meridian, Idaho, upstream to the NW\1/4\ of sec. 1, T. 
                11 S., R. 3 E., Boise Meridian, Idaho, as a scenic 
                river.
                    ``(B) The 0.9-mile segment of Duncan Creek from the 
                confluence with Big Jacks Creek upstream to the 
                beginning of the Duncan Creek Scenic River segment, as 
                a wild river.
            ``(177) Jarbidge river, idaho.--The 28.8 miles of the 
        Jarbidge River in the State of Idaho 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.
            ``(178) Little jacks creek, idaho.--The 13.2 miles of 
        Little Jacks Creek in the State of Idaho from the downstream 
        boundary of the Little Jacks Creek Wilderness, upstream to the 
        NW\1/4\ of sec. 27, T. 9 S., R. 2 E., Boise Meridian, Idaho, to 
        be administered by the Secretary of the Interior as a wild 
        river.
            ``(179) Little owyhee, idaho.--The 11.0 miles of the Little 
        Owyhee in the State of Idaho from the confluence with the South 
        Fork 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.
            ``(180) North fork of the owyhee river, idaho.--The 
        following segments of the North Fork of the Owyhee River in the 
        State of Idaho, to be administered by the Secretary of the 
        Interior:
                    ``(A) The 5.7-mile segment of the North Fork of the 
                Owyhee River from the Idaho-Oregon State border to the 
                Wild River segment of the North Fork of the Owyhee 
                River, as a recreational river.
                    ``(B) The 15.1-mile segment of the North Fork of 
                the Owyhee River from the western/downstream boundary 
                of the North Fork Owyhee River Wilderness to the 
                northern/upstream boundary of the North Fork Owyhee 
                River Wilderness, as a wild river.
            ``(181) Ox prong, idaho.--The 1.3 miles of the Ox Prong in 
        the State of Idaho from the confluence with Little Jacks Creek 
        to the upstream boundary of the Little Jacks Creek Wilderness, 
        to be administered by the Secretary of the Interior as a wild 
        river.
            ``(182) Owyhee river, idaho.--The 67.3 miles of the Owyhee 
        River in the State of Idaho 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, 
        subject to the conditions that--
                    ``(A) motorized access shall be permitted at 
                Crutchers Crossing; and
                    ``(B) any crossing shall remain unconstructed.
            ``(183) Pole creek, idaho.--The 14.3 miles of Pole Creek in 
        the State of Idaho from the confluence with Deep Creek upstream 
        to the south boundary of sec. 16, T. 10 S., R. 2 W., Boise 
        Meridian, Idaho, to be administered by the Secretary of the 
        Interior as a scenic river.
            ``(184) Red canyon, idaho.--The 4.6 miles of Red Canyon in 
        the State of Idaho 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.
            ``(185) Sheep creek, idaho.--The 25.6 miles of Sheep Creek 
        in the State of Idaho 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.
            ``(186) South fork of the 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 from the confluence with the 
                Owyhee River to the upstream boundary of the Owyhee 
                River Wilderness at the Idaho-Nevada State border shall 
                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 across the private lands in secs. 25 and 36, T. 
                14 S., R. 5 W., Boise Meridian, Idaho, shall be 
                administered by the Secretary of the Interior as a 
                recreational river.
            ``(187) Wickahoney, idaho.--The 1.5 miles of Wickahoney 
        Creek in the State of Idaho 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.''.
    (c) Extent of Boundaries.--Notwithstanding section 3(b) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the wild 
and scenic river corridor for a river designated as a wild and scenic 
river by any of paragraphs (168) through (187) of section 3(a) of that 
Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be the 
ordinary high water mark.
    (d) Maps and Legal Descriptions.--
            (1) 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 Resources of the House of Representatives the map 
        and legal description of each segment of a river designated as 
        a wild and scenic river under this section or an amendment made 
        by this section.
            (2) Effect.--Each map and legal description submitted under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        minor errors in the maps and legal descriptions.
            (3) Availability of maps.--The maps submitted under 
        paragraph (1) shall be available for public inspection in--
                    (A) the offices of the Idaho State Director of the 
                Bureau; and
                    (B) the offices of the Boise and Twin Falls 
                districts of the Bureau.
    (e) Water Rights.--Water Rights relating to a segment of a river 
designated as a wild and scenic river under any of paragraphs (168) 
through (187) of section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) (as added by subsection (b)) shall be reserved in 
accordance with--
            (1) the provisions of that Act (16 U.S.C. 1271 et seq.);
            (2) the laws and regulations of the State; and
            (3) the Owyhee Initiative Agreement.

SEC. 203. ADMINISTRATION OF WILDERNESS AND WILD AND SCENIC RIVERS.

    (a) Management.--Subject to valid existing rights, each area 
designated as wilderness by section 201 shall be administered by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that--
            (1) 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
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary of the Interior with respect to land administered by 
        the Secretary of the Interior.
    (b) Inventory.--In accordance with the Owyhee Initiative Agreement, 
not later than 1 year after the date on which a wilderness is 
designated under section 201, the Bureau shall conduct an inventory of 
wilderness grazing management facilities and activities in the 
wilderness.
    (c) Livestock.--In the wilderness areas designated by section 201 
that are administered by the Bureau, 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.
    (d) Recreational Saddle and Pack Stock.--Nothing in this Act 
precludes horseback riding or the use of recreational saddle or pack 
stock in any wilderness designated by section 201.
    (e) Outfitting and Guiding Activities.--
            (1) In general.--Consistent with section 4(d)(6) of the 
        Wilderness Act (16 U.S.C. 1133(d)(6)) and subject to any 
        regulations that the Secretary determines to be necessary, the 
        Secretary shall permit the continuation of outfitting and 
        guiding activities in any wilderness designated by section 201.
            (2) Effect of designation.--Designation of an area as 
        wilderness areas under section 201 shall not require the 
        Secretary to limit the conduct of outfitting activities or the 
        use of the system of reserved camps and allocated river 
        launches designated for use by members of the public that use 
        outfitter services that are in existence before the date of 
        enactment of this Act.
    (f) Access to Non-Federal Land.--Nothing in this Act denies an 
owner of non-Federal land the right to access the land.
    (g) Roads Adjacent to Wilderness.--With respect to any road 
adjacent to a wilderness designated by section 201 (as depicted on the 
applicable map), the boundary of the wilderness shall be--
            (1) 100 feet from the center line for a primary road;
            (2) 50 feet from the center line for a primitive wilderness 
        boundary road; and
            (3) 30 feet on either side of the center line for an 
        interior wilderness division or cherrystem road.
    (h) Wildlife Management.--
            (1) In general.--In accordance with section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title 
        affects or diminishes the jurisdiction of the State with 
        respect to fish and wildlife management, including the 
        regulation of hunting, fishing, and trapping in any wilderness 
        designated by section 201.
            (2) Management activities.--
                    (A) In general.--In furtherance of the purposes and 
                principles of the Wilderness Act (16 U.S.C. 1131 et 
                seq.), management activities to maintain or restore 
                fish and wildlife populations and the habitats 
                necessary to support such populations may be carried 
                out in any wilderness designated by section 201, 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.
                    (B) Inclusions.--Management activities under 
                subparagraph (A) 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 the 
                promotion of such outcomes.
            (3) 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 continue to 
        use aircraft (including helicopters) in the wilderness areas 
        designated by section 201 to survey, capture, transplant, 
        monitor, and provide water for wildlife populations, including 
        bighorn sheep and feral stock, horses, and burros.
    (i) Wildfire Management.--Consistent with section 4 of the 
Wilderness Act (16 U.S.C. 1133), nothing in this title precludes a 
Federal, State, or local agency from conducting wildfire management 
operations (including operations using aircraft or mechanized 
equipment) to manage wildfires in any wilderness designated by section 
201.
    (j) Incorporation of Acquired Land and Interests.--Any land or 
interest within the perimeter of, or adjacent to, an area designated as 
a wilderness by section 201 or any land or interest described in 
section 204 that is acquired by the United States after the date of 
enactment of this Act shall be added to and administered as part of the 
wilderness within which the acquired land or interest is located.
    (k) Adjacent Management.--
            (1) In general.--The designation of a wilderness by section 
        201 shall not create any protective perimeters or buffer zones 
        around the wilderness.
            (2) Nonwilderness activities.--The fact that nonwilderness 
        activities or uses can be seen or heard from areas within a 
        wilderness or wild and scenic river designated under this 
        section shall not preclude the conduct of those activities or 
        uses outside the boundary of the wilderness or wild and scenic 
        river.
    (l) Military Overflights.--Nothing in this section restricts or 
precludes--
            (1) low-level overflights and operations of military 
        aircraft, helicopters, missiles, or unmanned aerial vehicles 
        over the areas designated as a wilderness by section 201, 
        including military overflights that can be seen or heard within 
        the wilderness or wild and scenic river areas;
            (2) flight testing and evaluation;
            (3) the designation or creation of new units of special use 
        airspace, the expansion of units of special use airspace in 
        existence on the date of enactment of this Act, or the use or 
        establishment of military flight training routes over the 
        wilderness or wild and scenic river areas; or
            (4) emergency access and response.
    (m) Water Rights.--In accordance with section 4(d)(6) of the 
Wilderness Act (16 U.S.C. 1133(d)(6)), nothing in this Act provides an 
express or implied claim or denial of the Federal Government with 
respect to any exemption from water laws of the State.

SEC. 204. LAND EXCHANGES AND ACQUISITIONS AND GRAZING PREFERENCES.

    (a) Exchanges and Acquisitions.--
            (1) Findings.--Congress finds that--
                    (A) the consolidation of land ownership would 
                facilitate sound and efficient management for public 
                and private land and serve important public objectives, 
                including--
                            (i) the enhancement of public access, 
                        aesthetics, and recreational opportunities 
                        within and adjacent to designated wilderness 
                        and wild and scenic river areas; and
                            (ii) the protection and enhancement of 
                        wildlife habitat, including sensitive species;
                    (B) time is of the essence in completing 
                appropriate land exchanges because further delays may 
                force landowners to construct roads in, develop, or 
                sell private land inholdings, and diminish the public 
                values for which the private land is to be acquired; 
                and
                    (C) it is in the public interest to complete the 
                land exchanges at the earliest practicable date so that 
                the land acquired by the United States can be preserved 
                for protection of wilderness character, wildlife 
                habitat, and permanent public use and enjoyment.
            (2) Authorization.--The Secretary may acquire, by purchase 
        or other exchange, any land or interest offered by an owner 
        under paragraph (3), subject to the conditions described in 
        paragraph (4).
            (3) Offers to convey.--
                    (A) In general.--An owner of land or an interest 
                identified under the document entitled ``Land Exchanges 
                and Acquisitions'' and dated September 1, 2006, may 
                offer to convey the land or interest to the Secretary 
                by purchase or exchange if the owner has submitted to 
                the Secretary, on or before the date of enactment of 
                this Act--
                            (i) a written notice of the intent to 
                        exchange or sell the land or interest;
                            (ii) an identification of each parcel of 
                        land and each interest to be exchanged or sold;
                            (iii) a description of the value of each 
                        parcel of land and each interest as described 
                        in that document; and
                            (iv) in the case of an exchange, a 
                        description of the Federal land sought for the 
                        exchange.
                    (B) Conveyance by sale.--
                            (i) In general.--Subject to the 
                        availability of funds, the Secretary shall 
                        acquire any land or interests offered for 
                        purchase under subparagraph (A) as soon as 
                        practicable after the date of enactment of this 
                        Act.
                            (ii) Election to receive cash.--If an owner 
                        makes an election under subparagraph 
                        (C)(iii)(II), the Secretary shall acquire by 
                        sale the land or interest of the owner as soon 
                        as practicable after the date on which the 
                        Secretary receives a notice of the election of 
                        the owner.
                    (C) Conveyance by direct exchange.--
                            (i) In general.--On the election of an 
                        owner that has submitted an appropriate notice 
                        under subparagraph (A)(i), the Secretary may 
                        acquire land or property interests identified 
                        as eligible for exchange in the document 
                        entitled ``Land Exchanges and Acquisitions'' 
                        and dated September 1, 2006, in exchange for 
                        Federal land that is--
                                    (I) of equal value to the land or 
                                property interests, as determined by 
                                appraisals of the applicable Federal 
                                land, with or without development 
                                rights;
                                    (II) located in the County; and
                                    (III) described in the document 
                                referred to in subparagraph (A).
                            (ii) Action by secretary.--Not later than 
                        60 days after the date on which the appraisals 
                        of applicable land are completed, the Secretary 
                        shall offer to enter into an exchange under 
                        this subparagraph with each appropriate owner 
                        of land or a property interest offered for 
                        exchange under subparagraph (A).
                            (iii) Decisions by owners.--Not later than 
                        60 days after the date on which the appraisals 
                        of applicable land are completed, an owner of 
                        land or a property interest subject to an 
                        exchange under this subparagraph may elect--
                                    (I) to waive any applicable 
                                development right relating to the 
                                Federal land to be exchanged, subject 
                                to the adjustment of the exchange to 
                                achieve like values;
                                    (II) to receive cash in lieu of 
                                Federal land for all or any portion of 
                                the land or property interest to be 
                                exchanged; or
                                    (III) to withdraw from 
                                participation in any exchange program.
                            (iv) Applicability of other law.--Except as 
                        otherwise provided in this section, each 
                        exchange of Federal land under this section 
                        shall be subject to laws (including 
                        regulations) applicable to the conveyance and 
                        acquisition of land under the jurisdiction of 
                        the Bureau of Land Management.
                    (D) Facilitated land exchanges.--
                            (i) In general.--Not later than 30 days 
                        after the date of enactment of this Act, the 
                        Secretary shall offer to enter into a 
                        facilitated land exchange in accordance with 
                        subparagraph (A) and conducted through a land 
                        exchange facilitator to be designated by the 
                        Board.
                            (ii) Exchange offer.--
                                    (I) In general.--Not later than 60 
                                days after the date on which the 
                                appraisals of applicable land are 
                                completed, the land exchange 
                                facilitator shall submit to the 
                                Secretary an offer to exchange private 
                                land for Federal land in the County.
                                    (II) Requirement.--An offer to 
                                exchange under subclause (I) shall 
                                demonstrate that the appraised value of 
                                the private land is equal or 
                                approximately equal to the appraised 
                                value, with or without development 
                                rights, of the Federal land offered for 
                                exchange.
            (4) Conditions.--
                    (A) Title.--Title to any private land conveyed 
                under this subsection shall--
                            (i) be acceptable to the Secretary; and
                            (ii) conform with title approval standards 
                        applicable to Federal land acquisitions.
                    (B) Valid existing rights.--Conveyances under this 
                subsection shall be subject to valid existing rights of 
                record.
            (5) Effect of subsection.--Nothing in this subsection--
                    (A) creates any compensable property right or title 
                with respect to grazing preferences; or
                    (B) affects any public access route on Federal land 
                exchanged under this subsection.
    (b) Grazing Preferences.--
            (1) In general.--A holder of a valid grazing preference 
        with respect to all or a portion of any Federal land designated 
        by this Act as a wilderness may voluntarily offer to the 
        Secretary for sale or donation all or any portion of the 
        grazing preference.
            (2) Notice.--To offer a grazing preference for sale or 
        donation under paragraph (1), the holder of the grazing 
        preference shall submit to the Secretary a written notice of 
        the intent of the holder, including--
                    (A) a description of the Federal land to which the 
                grazing preference applies; and
                    (B) the date on which the holder will relinquish 
                use of the grazing preference, which shall be not later 
                than 1 year after the date on which the notice is 
                submitted.
            (3) Consideration.--The Secretary shall provide to a holder 
        that offers a grazing preference for sale under paragraph (1) 
        consideration in accordance with the schedule of payments 
        described in the document described in subsection (a)(3)(A).
            (4) Cancellation and retirement of livestock grazing.--
        Beginning on the date identified under paragraph (2)(B)--
                    (A) the applicable grazing preference shall be 
                canceled; and
                    (B) the associated livestock grazing shall be 
                permanently retired.
            (5) Fencing.--The Secretary shall install and maintain any 
        fencing and other structures required to prevent grazing use of 
        any Federal land on which a grazing preference has been 
        voluntarily sold or donated under this subsection.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Bureau such sums as 
are necessary to carry out this title.

          TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT

SEC. 301. TRANSPORTATION PLANS.

    (a) In General.--The Bureau shall develop and implement 
transportation plans for land managed by the Bureau outside of 
wilderness areas in the County.
    (b) Consultation and Coordination.--The transportation plans and 
cooperative agreements shall be developed in consultation and 
coordination with appropriate Federal Government entities, tribal 
government entities, and State and local government entities consistent 
with--
            (1) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.);
            (2) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
            (3) any other applicable laws.
    (c) Inclusions.--The Bureau shall ensure that all areas of the 
County managed by the Bureau, including areas that are remote and 
rarely used for motorized recreation, are included and in 
transportation plans developed under subsection (a) to--
            (1) provide for management of anticipated growth in 
        recreational use of the land; and
            (2) develop a system to provide a wide range of 
        recreational opportunities and experiences for all users.
    (d) Limitation.--Transportation plans under subsection (a) shall 
not affect the status of any road adjacent to any wilderness (as 
depicted on the applicable map).
    (e) System of Routes.--
            (1) In general.--Each transportation plan under subsection 
        (a) shall--
                    (A) establish a system of designated roads and 
                trails;
                    (B) include a multiple use recreational trail 
                system, that provides a wide range of recreational 
                opportunities and experiences for all users while 
                protecting natural and cultural resources;
                    (C) limit the use of motorized and mechanized 
                vehicles to designated roads and trails;
                    (D) address use of snow vehicles on roads, trails, 
                and areas designated for such use;
                    (E) be based on resource and route inventories;
                    (F) include designation of routes and route systems 
                that are open or closed; and
                    (G) include provisions relating to, with respect to 
                the applicable land--
                            (i) trail construction and reconstruction;
                            (ii) road and trail closure;
                            (iii) seasonal closures or restrictions;
                            (iv) restoration of disturbed areas;
                            (v) monitoring;
                            (vi) maintenance;
                            (vii) maps;
                            (viii) signs;
                            (ix) education; and
                            (x) enforcement.
            (2) Temporary limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), until the date on which the Bureau completes 
                transportation planning, all recreational motorized and 
                mechanized off-highway vehicle use shall be limited to 
                roads and trails in existence on the day before the 
                date of enactment of this Act.
                    (B) Exceptions.--
                            (i) In general.--Subparagraph (A) shall not 
                        apply to areas specifically identified as open, 
                        closed, or limited under the Owyhee resource 
                        management plan.
                            (ii) Hemmingway butte area.--
                        Notwithstanding subparagraph (A), the Bureau 
                        may take into consideration maintaining the 
                        Hemmingway Butte area as open to cross-country 
                        travel.
    (f) Schedule.--
            (1) Owyhee front.--Not later than 1 year after the date of 
        enactment of this Act, the Bureau shall complete a 
        transportation plan for the Owyhee Front.
            (2) Other federal lands in the county.--Not later than 3 
        years after the date of enactment of this Act, the Bureau shall 
        complete a transportation plan for Federal land in the County 
        outside the Owyhee Front.

SEC. 302. AUTHORITY.

    Transportation and travel management under this title shall not 
affect the authority of the Bureau to manage or regulate off-highway 
vehicle use under title 43, Code of Federal Regulations (as in effect 
on September 25, 2005).

SEC. 303. COOPERATIVE AGREEMENTS.

    (a) In General.--As soon as practicable, after the date of 
enactment of this Act, the Bureau shall offer to enter into cooperative 
agreements with the County--
            (1) to establish a cooperative search and rescue program; 
        and
            (2) to implement and enforce the transportation plans 
        described in this section.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Bureau such sums as are necessary--
            (1) to carry out search and rescue operations in the 
        County; and
            (2) to develop, implement, and enforce off-highway motor 
        vehicle transportation plans under this section.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Bureau such sums as 
are necessary to accelerate completion and implementation by the Bureau 
of the transportation plan for the Owyhee Front and subsequent 
transportation plans for the remainder of the County.

                      TITLE IV--CULTURAL RESOURCES

SEC. 401. FINDINGS.

    Congress finds that--
            (1) the County is rich in history and culture going back 
        thousands of years;
            (2) the cultural and historical resources important to the 
        people and ancestors of the Tribes must be protected against 
        abuse and desecration, whether intentional or unintentional;
            (3) there are opportunities--
                    (A) to increase knowledge of cultural resources;
                    (B) to monitor influences from outside forces; and
                    (C) to improve the inspection and supervision of 
                major cultural sites;
            (4) inventory and monitoring programs that identify and 
        document cultural sites and the condition of those sites over 
        time would--
                    (A) assist in ensuring the preservation of the 
                sites; and
                    (B) help to focus resources--
                            (i) to ensure compliance with prohibitions 
                        against destruction and or removal of cultural 
                        items; and
                            (ii) to prevent inadvertent negative 
                        impacts;
            (5) the Owyhee Initiative Agreement will--
                    (A) support a broad range of measures to protect 
                cultural sites and resources important to the 
                continuation of the traditions and beliefs of the 
                Tribes; and
                    (B) provide for the implementation of the Plan; and
            (6) the implementation of the Plan should--
                    (A) be consistent with the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.); and
                    (B) recognize that--
                            (i) the right of Indians to self-government 
                        results from the inherent sovereignty of Indian 
                        tribes; and
                            (ii) the United States--
                                    (I) has a special and unique legal 
                                and political relationship with 
                                federally recognized Indian tribes; and
                                    (II) is obligated to develop a 
                                government-to-government relationship 
                                with Indian tribes under the 
                                Constitution, treaties, Federal law, 
                                and the course of dealings with Indian 
                                tribes.

SEC. 402. IMPLEMENTATION.

    The Tribes shall implement the Plan.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Tribes to carry out 
this title--
            (1) $900,000 for fiscal year 2007; and
            (2) $900,000 for each of fiscal years 2008 through 2011.
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