[Congressional Record Volume 153, Number 39 (Wednesday, March 7, 2007)]
[Senate]
[Pages S2812-S2817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO:
  S. 802. A bill to provide for the implementation of the Owyhee 
Initiative Agreement, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. CRAPO. Mr. President, I am pleased to introduce the Owyhee 
Initiative Implementation Act of 2007, a bill which is the result of a 
five-year collaborative effort between all levels of government, 
multiple users of public lands, and conservationists to resolve decades 
of heated land-use conflict in the Owyhee Canyonlands in the 
southwestern part of my home State of Idaho.
  This is comprehensive land management legislation that enjoys far-
reaching support among a remarkably diverse group of interests that 
live work and play in this special country.
  Owyhee County contains some of the most unique and beautiful 
canyonlands in the world and offers large areas in which all of us can 
enjoy the grandeur and experience of untouched western trails, rivers, 
and open sky. It is truly magical country, and its natural beauty and 
traditional uses should be preserved for future generations. Owyhee 
County is traditional ranching country. Seventy-three percent of its 
land base is owned by the United States, and it is located within an 
hour's drive of one of the fastest growing areas in the nation, Boise, 
ID.
  This combination of attributes, including location, is having an 
explosive effect on property values, community expansion and 
development and ever-increasing demands on public land. Given this 
confluence of circumstances and events, Owyhee County has been at the 
core of decades of conflict with heated political and regulatory 
battles. The diverse land uses co-exist in an area of intense beauty 
and unique character. The conflict over land management is both 
inevitable and understandable--how do we manage for this diversity and 
do so in a way that protects and restores the quality of that fragile 
environment?
  In this context, the Owyhee County Commissioners and several others 
said ``enough is enough'' and decided to focus efforts on solving these 
problems rather than wasting resources on an endless fight. In 2001, 
The Owyhee County Commissioners, Hal Tolmie, Dick Reynolds, and Chris 
Salove, met with me and asked for my help. They asked whether I would 
support them if they could put together, at one table, the interested 
parties involved in the future of the County to try and reach some 
solutions. I told them that if they could get together a broad base of 
interests who would agree to collaborate in a process committed to 
problem-solving, I would dedicate myself to working with them and if 
they were successful, I would introduce resulting legislation. They 
agreed. Together, we set out on a six-year journey on a road that is as 
challenging as any in the Owyhee Canyonlands. Sharp turns, steep 
inclines and declines, big sharp rocks, deep ruts, sand burrs, dust and 
a constant headwind is exactly what those of us who have worked so hard 
on this have faced every day.

  This is very difficult work and in speaking of difficult work, I want 
to acknowledge the effort of my friend and colleague from Idaho, 
Representative Mike Simpson, and the challenge he has taken on as he 
advocates his Central Idaho Economic Development Act. I support his 
work and his legislation.
  The Commissioners appointed a Chairman, an extraordinary gentleman, 
Fred Grant. They formed the Work Group which included The Wilderness 
Society, Idaho Conservation League, The Nature Conservancy, Idaho 
Outfitters and Guides, the United States Air Force, the Sierra Club, 
the county Soil Conservation Districts, Owyhee Cattleman's Association, 
the Owyhee Borderlands Trust, People for the Owyhees, and the Shoshone 
Paiute Tribes to join in their efforts. All accepted, and work on this 
bill began. As this collaborative process gained momentum, the County 
Commissioners expanded the Work Group to include the South Idaho Desert 
Racing Association, Idaho Rivers United and the Owyhee County Farm 
Bureau. Very recently, the Commissioners have further expanded the 
effort to include the Foundation for North American Wild Sheep and the 
Idaho Backcountry Horsemen.
  The Commissioners also requested that the Idaho State Department of 
Lands and the Bureau of Land Management to serve and those agencies 
have provided important support.
  This unique group of people chose to work without a professional 
facilitator, preferring instead to deal with differences face-to-face 
and together create new ideas. For me, one of the most gratifying and 
emotional outcomes has been to see this group transform itself from 
polarized camps into an extraordinary force that has become known for 
its intense effort, comity, trust and willingness to work toward a 
solution.
  They operated on a true consensus basis, only making decisions when 
there was no voiced objection to a proposal. They involved everyone who 
wanted to participate in the process and spent hundreds of hours 
discussing their findings, modifying preliminary proposals and 
ultimately reaching consensus solutions. They have driven thousands of 
miles inspecting roads and trails, listening to and soliciting ideas 
from people from all walks of life who have in common deep roots and 
deep interest in the Owyhee Canyonlands. They sought to ensure that 
they had a thorough understanding of the issues and could take proper 
advantage of the insights and experience of all these people.
  While this whole process and its outcomes are indeed remarkable, one 
of the more notable developments is the Memorandum of Agreement between 
the Shoshone Paiute Tribes and the County that establishes government-
to-government cooperation in several areas of mutual interest. I want 
to particularly note the efforts and support of Mr. Terry Gibson, 
Chairman of the Shoshone Paiute Tribes, a great leader and a personal 
friend.
  All of these individuals and organizations have asked that I seek 
Senate approval of their collaborative effort, built from the ground up 
to chart their path forward.
  The Owyhee Initiative transforms conflict and uncertainty into 
conflict resolution and assurance of future activity. Ranchers can plan 
for subsequent generations. Off-road vehicle users have access assured. 
Wilderness is established. The Shoshone-Paiute Tribe knows its cultural 
resources will be protected. The Air Force will continue to train its 
pilots. Local, State and Federal government agencies will have 
structure to assist their joint management of the region. And this will 
all happen within the context of the preservation of environmental and 
ecological health. This is indeed a revolutionary land management 
structure--and one that looks ahead to the future.
  Principle features of the legislation include: development, funding 
and implementation of a landscape-scale program to review, recommend 
and coordinate landscape conservation and research projects; scientific 
review process to assist the Bureau of Land Management; designation of 
Wilderness and Wild and Scenic Rivers; release of Wilderness Study 
Areas; protections of tribal cultural and historical resources against 
intentional and

[[Page S2813]]

unintentional abuse and desecration; development and implementation by 
the BLM of travel plans for public lands; and a board of directors with 
oversight over the administration and implementation of the Owyhee 
Initiative.
  This can't be called ranching bill, or a wilderness bill, or an Air 
Force bill, or a Tribal bill. It is a comprehensive land management 
bill. Each interest got enough to enthusiastically support the final 
product, advocate for its enactment, and, most importantly, support the 
objectives of those with whom they had previous conflict.
  Opposition will come from a few principal sources: those who simply 
don't want to have wilderness designated; those who don't want 
livestock anywhere on public land; and, those who do not want to see 
collaboration succeed. While I respect that opposition, I prefer to 
move forward in an effort that manages conflict and land, rather than 
exploit disagreements.
  The status quo is unacceptable. The Owyhee Canyonlands and its 
inhabitants, including its people, deserve to have a process of 
conflict management and a path to sustainability. The need for this 
path forward is particularly acute given that this area is an hour's 
drive from one of the Nation's most rapidly-growing communities. The 
Owyhee Initiative protects water rights, releases wilderness study 
areas and protects traditional uses.
  I commend the commitment and leadership of all involved. We have 
established a longterm, comprehensive management approach. It's been an 
honor for me to work with so many fine people and I will do everything 
in my power to turn this into law.
  The Owyhee Initiative sets a standard for managing and resolving 
difficult land management issues in our country. After all, what better 
place to forge an historical change in our approach to public land 
management, than in this magnificent land that symbolizes livelihood, 
heritage, diversity, opportunity and renewal?
  And with that, I would like to recognize and thank the people who 
have been the real driving force behind this process: Fred Grant, 
Chairman of the Owyhee Initiative Work Group, his assistant Staci 
Grant, and Dr. Ted Hoffman, Sheriff Gary Aman, the Owyhee County 
Commissioners: Hal Tolmie, Chris Salova, & Dick Reynolds and Chairman 
Terry Gibson of the Shoshone Paiute Tribes. I am grateful to Governor 
Jim Risch of the Great State of Idaho for all of his support. Thanks 
to: Colonel Rock of the United States Air Force at Mountain Home Air 
Force Base, Craig Gherke and John McCarthy of The Wilderness Society, 
Rick Johnson & John Robison of the Idaho Conservation League, Inez Jaca 
representing Owyhee County, Dr. Chad Gibson representing the Owyhee 
Cattleman's Association, Brenda Richards representing private property 
owners in Owyhee County, Cindy & Frank Bachman representing the Soil 
Conservation Districts in Owyhee County, Marcia Argust with the 
Campaign for America's Wilderness, Grant Simmons of the Idaho 
Outfitters and Guides Association, Bill Sedivy with Idaho Rivers 
United, Tim Lowry of the Owyhee County Farm Bureau, Bill Walsh 
representing Southern Idaho Desert Racing Association, Lou Lunte and 
Will Whelan of the Nature Conservancy for all of their hard work and 
dedication. I'd also like to thank the Idaho Back Country Horseman, the 
Foundation for North American Wild Sheep, Roger Singer of the Sierra 
Club, the South Board of Control and the Owyhee Project managers, and 
all the other water rights holders who support me today. This process 
truly benefited from the diversity of these groups and their 
willingness to cooperate to reach a common goal of protecting the land 
on which they live, work, and play.
  The Owyhee Canyonlands and its inhabitants are truly a treasure of 
Idaho and the United States; I hope you will join me in ensuring their 
future.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                 S. 802

       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 2007''.
       (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--

[[Page S2814]]

       (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 paragraph (167) (relating to the 
     Musconetcong River, New Jersey) as paragraph (169);
       (2) by designating the undesignated paragraph relating to 
     the White Salmon River, Washington, as paragraph (167);
       (3) by designating the undesignated paragraph relating to 
     the Black Butte River, California, as paragraph (168); and
       (4) by adding at the end the following:
       ``(170) Battle creek, idaho.--The 23.4 miles of Battle 
     Creek 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.
       ``(171) 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.
       ``(172) Bruneau river, idaho.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the 39.3-mile segment of the Bruneau River from the 
     downstream boundary of the Bruneau-Jarbidge Wilderness to the 
     upstream confluence with the west fork of the Bruneau River 
     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.
       ``(173) 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.
       ``(174) 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.
       ``(175) 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.
       ``(176) 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.
       ``(177) 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.
       ``(178) 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.
       ``(179) 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.
       ``(180) Little jacks creek, idaho.--The 13.2 miles of 
     Little Jacks Creek in the State of

[[Page S2815]]

     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.
       ``(181) 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.
       ``(182) 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.
       ``(183) 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.
       ``(184) 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.
       ``(185) 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.
       ``(186) 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.
       ``(187) 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.
       ``(188) 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.
       ``(189) 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 
     (170) through (189) 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 (170) through (189) 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

[[Page S2816]]

     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).

[[Page S2817]]

       (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 2008; and
       (2) $900,000 for each of fiscal years 2009 through 2012.
                                 ______