[Senate Report 110-374]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 806
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-374

======================================================================



 
                   OWYHEE PUBLIC LAND MANAGEMENT ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2833]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2833) to provide for the management of 
certain public land in Owyhee County, Idaho, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Owyhee Public Land Management Act of 
2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Account.--The term ``account'' means the Owyhee Land 
        Acquisition Account established by section 6(b)(1).
          (2) County.--The term ``County'' means Owyhee County, Idaho.
          (3) Owyhee front.--The term ``Owyhee Front'' means the area 
        of the County from Jump Creek on the west to Mud Flat Road on 
        the east and draining north from the crest of the Silver City 
        Range to the Snake River.
          (4) Plan.--The term ``plan'' means a travel management plan 
        for motorized and mechanized off-highway vehicle recreation 
        prepared under section 8.
          (5) Public land.--The term ``public land'' has the meaning 
        given the term in section 103(e) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702(e)).
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (7) State.--The term ``State'' means the State of Idaho.
          (8) Tribes.--The term ``Tribes'' means the Shoshone Pauite 
        Tribes of the Duck Valley Reservation.

SEC. 3. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.

  (a) Establishment.--The Secretary, in coordination with the Tribes, 
State, and County, and in consultation with the University of Idaho, 
Federal grazing permittees, and public, shall establish the Owyhee 
Science Review and Conservation Center in the County to conduct 
research projects to address natural resources management issues 
affecting public and private rangeland in the County.
  (b) Purpose.--The purpose of the center established under subsection 
(a) shall be to facilitate the collection and analysis of information 
to provide Federal and State agencies, the Tribes, the County, private 
landowners, and the public with information on improved rangeland 
management.

SEC. 4. WILDERNESS AREAS.

  (a) Wilderness Areas Designation.--
          (1) In general.--In accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following areas in the State are 
        designated as wilderness areas and as components of the 
        National Wilderness Preservation System:
                  (A) Big jacks creek wilderness.--Certain land 
                comprising approximately 52,826 acres, as generally 
                depicted on the map entitled ``Little Jacks Creek and 
                Big Jacks Creek Wilderness'' and dated May 5, 2008, 
                which shall be known as the ``Big Jacks Creek 
                Wilderness''.
                  (B) Bruneau-jarbidge rivers wilderness.--Certain land 
                comprising approximately 89,996 acres, as generally 
                depicted on the map entitled ``Bruneau-Jarbidge Rivers 
                Wilderness'' and dated May 5, 2008, which shall be 
                known as the ``Bruneau-Jarbidge Rivers Wilderness''.
                  (C) Little jacks creek wilderness.--Certain land 
                comprising approximately 50,929 acres, as generally 
                depicted on the map entitled ``Little Jacks Creek and 
                Big Jacks Creek Wilderness'' and dated May 5, 2008, 
                which shall be known as the ``Little Jacks Creek 
                Wilderness''.
                  (D) North fork owyhee wilderness.--Certain land 
                comprising approximately 43,413 acres, as generally 
                depicted on the map entitled ``North Fork Owyhee and 
                Pole Creek Wilderness'' and dated May 5, 2008, which 
                shall be known as the ``North Fork Owyhee Wilderness''.
                  (E) Owyhee river wilderness.--Certain land comprising 
                approximately 267,328 acres, as generally depicted on 
                the map entitled ``Owyhee River Wilderness'' and dated 
                May 5, 2008, which shall be known as the ``Owyhee River 
                Wilderness''.
                  (F) Pole creek wilderness.--Certain land comprising 
                approximately 12,533 acres, as generally depicted on 
                the map entitled ``North Fork Owyhee and Pole Creek 
                Wilderness'' and dated May 5, 2008, which shall be 
                known as the ``Pole Creek Wilderness''.
          (2) Maps and legal descriptions.--
                  (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                submit to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Natural Resources of 
                the House of Representatives a map and legal 
                description for each area designated as wilderness by 
                this Act.
                  (B) Effect.--Each map and legal description submitted 
                under subparagraph (A) shall have the same force and 
                effect as if included in this Act, except that the 
                Secretary may correct minor errors in the map or legal 
                description.
                  (C) Availability.--Each map and legal description 
                submitted under subparagraph (A) shall be available in 
                the appropriate offices of the Bureau of Land 
                Management.
          (3) Release of wilderness study areas.--
                  (A) In general.--Congress finds that, for the 
                purposes of section 603(c) of the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1782(c)), the 
                public land in the County administered by the Bureau of 
                Land Management has been adequately studied for 
                wilderness designation.
                  (B) Release.--Any public land referred to in 
                subparagraph (A) that is not designated as wilderness 
                by this Act--
                          (i) is no longer subject to section 603(c) of 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1782(c)); and
                          (ii) shall be managed in accordance with the 
                        applicable land use plan adopted under section 
                        202 of that Act (43 U.S.C. 1712).
  (b) Administration.--
          (1) In general.--Subject to valid existing rights, each area 
        designated as wilderness by this Act shall be administered by 
        the Secretary in accordance with the Wilderness Act (16 U.S.C. 
        1131 et seq.), except that--
                  (A) any reference in that Act to the effective date 
                shall be considered to be a reference to the date of 
                enactment of this Act; and
                  (B) any reference in that Act to the Secretary of 
                Agriculture shall be considered to be a reference to 
                the Secretary of the Interior.
          (2) Withdrawal.--Subject to valid existing rights, the 
        Federal land designated as wilderness by this Act is withdrawn 
        from all forms of--
                  (A) entry, appropriation, or disposal under the 
                public land laws;
                  (B) location, entry, and patent under the mining 
                laws; and
                  (C) disposition under the mineral leasing, mineral 
                materials, and geothermal leasing laws.
          (3) Livestock.--
                  (A) In general.--In the wilderness areas designated 
                by this Act, the grazing of livestock in areas in which 
                grazing is established as of the date of enactment of 
                this Act shall be allowed to continue, subject to such 
                reasonable regulations, policies, and practices as the 
                Secretary considers necessary, consistent with section 
                4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) 
                and the guidelines described in Appendix A of House 
                Report 101-405.
                  (B) Inventory.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary shall conduct 
                an inventory of existing facilities and improvements 
                associated with grazing activities in the wilderness 
                areas and wild and scenic rivers designated by this 
                Act.
                  (C) Fencing.--The Secretary may construct and 
                maintain fencing around wilderness areas designated by 
                this Act as the Secretary determines to be appropriate 
                to enhance wilderness values.
                  (D) Donation of grazing permits or leases.--
                          (i) Acceptance by secretary.--The Secretary 
                        shall accept the donation of any valid existing 
                        permits or leases authorizing grazing on public 
                        land, all or a portion of which is within the 
                        wilderness areas designated by this Act.
                          (ii) Termination.--With respect to each 
                        permit or lease donated under clause (i), the 
                        Secretary shall--
                                  (I) terminate the grazing permit or 
                                lease; and
                                  (II) except as provided in clause 
                                (iii), ensure a permanent end to 
                                grazing on the land covered by the 
                                permit or lease.
                          (iii) Common allotments.--
                                  (I) In general.--If the land covered 
                                by a permit or lease donated under 
                                clause (i) is also covered by another 
                                valid existing permit or lease that is 
                                not donated under clause (i), the 
                                Secretary shall reduce the authorized 
                                grazing level on the land covered by 
                                the permit or lease to reflect the 
                                donation of the permit or lease under 
                                clause (i).
                                  (II) Authorized level.--To ensure 
                                that there is a permanent reduction in 
                                the level of grazing on the land 
                                covered by a permit or lease donated 
                                under clause (i), the Secretary shall 
                                not allow grazing use to exceed the 
                                authorized level established under 
                                subclause (I).
                          (iv) Partial donation.--
                                  (I) In general.--If a person holding 
                                a valid grazing permit or lease donates 
                                less than the full amount of grazing 
                                use authorized under the permit or 
                                lease, the Secretary shall--
                                          (aa) reduce the authorized 
                                        grazing level to reflect the 
                                        donation; and
                                          (bb) modify the permit or 
                                        lease to reflect the revised 
                                        level of use.
                                  (II) Authorized level.--To ensure 
                                that there is a permanent reduction in 
                                the authorized level of grazing on the 
                                land covered by a permit or lease 
                                donated under subclause (I), the 
                                Secretary shall not allow grazing use 
                                to exceed the authorized level 
                                established under that subclause.
          (4) Acquisition of land and interests in land.--
                  (A) In general.--Consistent with applicable law, the 
                Secretary may acquire land or interests in land within 
                the boundaries of the wilderness areas designated by 
                this Act by purchase, donation, or exchange.
                  (B) Incorporation of acquired land.--Any land or 
                interest in land in, or adjoining the boundary of, a 
                wilderness area designated by this Act that is acquired 
                by the United States shall be added to, and 
                administered as part of, the wilderness area in which 
                the acquired land or interest in land is located.
          (5) Trail plan.--
                  (A) In general.--The Secretary, after providing 
                opportunities for public comment, shall establish a 
                trail plan that addresses hiking and equestrian trails 
                on the land designated as wilderness by this Act, in a 
                manner consistent with the Wilderness Act (16 U.S.C. 
                1131 et seq.).
                  (B) Report.--Not later than 2 years after the date of 
                enactment of this Act, the Secretary shall submit to 
                Congress a report that describes the implementation of 
                the trail plan.
          (6) Outfitting and guide activities.--Consistent with section 
        4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), 
        commercial services (including authorized outfitting and guide 
        activities) are authorized in wilderness areas designated by 
        this Act to the extent necessary for activities that fulfill 
        the recreational or other wilderness purposes of the areas.
          (7) Access to private property.--In accordance with section 
        5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary 
        shall provide any owner of private property within the boundary 
        of a wilderness area designated by this Act adequate access to 
        the property.
          (8) Fish and wildlife.--
                  (A) In general.--Nothing in this Act affects the 
                jurisdiction of the State with respect to fish and 
                wildlife on public land in the State.
                  (B) Management activities.--
                          (i) In general.--In furtherance of the 
                        purposes and principles of the Wilderness Act 
                        (16 U.S.C. 1131 et seq.), the Secretary may 
                        conduct any management activities that are 
                        necessary to maintain or restore fish and 
                        wildlife populations and habitats in the 
                        wilderness areas designated by this Act, if the 
                        management activities are--
                                  (I) consistent with relevant 
                                wilderness management plans; and
                                  (II) conducted in accordance with 
                                appropriate policies, such as the 
                                policies established in Appendix B of 
                                House Report 101-405.
                          (ii) Inclusions.--Management activities under 
                        clause (i) may include the occasional and 
                        temporary use of motorized vehicles, if the 
                        use, as determined by the Secretary, would 
                        promote healthy, viable, and more naturally 
                        distributed wildlife populations that would 
                        enhance wilderness values while causing the 
                        minimum impact necessary to accomplish those 
                        tasks.
                  (C) Existing activities.--Consistent with section 
                4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) 
                and in accordance with appropriate policies, such as 
                those established in Appendix B of House Report 101-
                405, the State may use aircraft (including helicopters) 
                in the wilderness areas designated by this Act to 
                survey, capture, transplant, monitor, and provide water 
                for wildlife populations, including bighorn sheep, and 
                feral stock, feral horses, and feral burros.
          (9) Wildfire, insect, and disease management.--Consistent 
        with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
        1133(d)(1)), the Secretary may take any measures that the 
        Secretary determines to be necessary to control fire, insects, 
        and diseases, including, as the Secretary determines 
        appropriate, the coordination of those activities with a State 
        or local agency.
          (10) Adjacent management.--
                  (A) In general.--The designation of wilderness area 
                by this Act shall not create any protective perimeter 
                or buffer zone around the wilderness area.
                  (B) Nonwilderness activities.--The fact that 
                nonwilderness activities or uses can be seen or heard 
                from areas within a wilderness area designated by this 
                Act shall not preclude the conduct of those activities 
                or uses outside the boundary of the wilderness area.
          (11) Military overflights.--Nothing in this Act restricts or 
        precludes--
                  (A) low-level overflights of military aircraft over 
                the areas designated as wilderness by this Act, 
                including military overflights that can be seen or 
                heard within the wilderness areas;
                  (B) flight testing and evaluation; or
                  (C) the designation or creation of new units of 
                special use airspace, or the establishment of military 
                flight training routes, over the wilderness areas.
          (12) Water rights.--
                  (A) In general.--The designation of areas as 
                wilderness in section 4 shall not create an express or 
                implied reservation by the United States of any water 
                or water rights for wilderness purposes with respect to 
                such areas.
                  (B) Exclusions.--This paragraph does not apply to any 
                components of the National Wild and Scenic Rivers 
                System designated by section 5.

SEC. 5. DESIGNATION OF WILD AND SCENIC RIVERS.

  (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended--
          (1) by redesignating paragraph (167) (relating to the 
        Musconetcong River, New Jersey) as paragraph (169);
          (2) by designating the undesignated paragraph relating to the 
        White Salmon River, Washington, as paragraph (167);
          (3) by designating the undesignated paragraph relating to the 
        Black Butte River, California, as paragraph (168); and
          (4) by adding at the end the following:
          ``(170) Battle creek, idaho.--The 23.4 miles of Battle Creek 
        from the confluence of the Owyhee River to the upstream 
        boundary of the Owyhee River Wilderness, to be administered by 
        the Secretary of the Interior as a wild river.
          ``(171) Big jacks creek, idaho.--The 35.0 miles of Big Jacks 
        Creek from the downstream border of the Big Jacks Creek 
        Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which 
        it enters the NW \1/4\ of sec. 26, T. 10 S., R. 2 E., Boise 
        Meridian, to be administered by the Secretary of the Interior 
        as a wild river.
          ``(172) Bruneau river, idaho.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the 39.3-mile segment of the Bruneau River from 
                the downstream boundary of the Bruneau-Jarbidge 
                Wilderness to the upstream confluence with the west 
                fork of the Bruneau River, to be administered by the 
                Secretary of the Interior as a wild river.
                  ``(B) Exception.--Notwithstanding subparagraph (A), 
                the 0.6-mile segment of the Bruneau River at the Indian 
                Hot Springs public road access shall be administered by 
                the Secretary of the Interior as a recreational river.
          ``(173) West fork bruneau river, idaho.--The approximately 
        0.35 miles of the West Fork of the Bruneau River from the 
        confluence with the Jarbidge River to the downstream boundary 
        of the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 5, 
        T. 13 S., R. 7 E., Boise Meridian, to be administered by the 
        Secretary of the Interior as a wild river.
          ``(174) Cottonwood creek, idaho.--The 2.6 miles of Cottonwood 
        Creek from the confluence with Big Jacks Creek to the upstream 
        boundary of the Big Jacks Creek Wilderness, to be administered 
        by the Secretary of the Interior as a wild river.
          ``(175) Deep creek, idaho.--The 13.1-mile segment of Deep 
        Creek from the confluence with the Owyhee River to the upstream 
        boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., 
        R. 2 W., Boise Meridian, to be administered by the Secretary of 
        the Interior as a wild river.
          ``(176) Dickshooter creek, idaho.--The 9.25 miles of 
        Dickshooter Creek from the confluence with Deep Creek to a 
        point on the stream \1/4\ mile due west of the east boundary of 
        sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered 
        by the Secretary of the Interior as a wild river.
          ``(177) Duncan creek, idaho.--The 0.9-mile segment of Duncan 
        Creek from the confluence with Big Jacks Creek upstream to the 
        east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to 
        be administered by the Secretary of the Interior as a wild 
        river.
          ``(178) Jarbidge river, idaho.--The 28.8 miles of the 
        Jarbidge River from the confluence with the West Fork Bruneau 
        River to the upstream boundary of the Bruneau-Jarbidge Rivers 
        Wilderness, to be administered by the Secretary of the Interior 
        as a wild river.
          ``(179) Little jacks creek, idaho.--The 12.4 miles of Little 
        Jacks Creek from the downstream boundary of the Little Jacks 
        Creek Wilderness, upstream to the mouth of OX Prong Creek, to 
        be administered by the Secretary of the Interior as a wild 
        river.
          ``(180) North fork owyhee river, idaho.--The following 
        segments of the North Fork of the Owyhee River, to be 
        administered by the Secretary of the Interior:
                  ``(A) The 5.7-mile segment from the Idaho-Oregon 
                State border to the upstream boundary of the private 
                land at the Juniper Mt. Road crossing, as a 
                recreational river.
                  ``(B) The 15.1-mile segment from the upstream 
                boundary of the North Fork Owyhee River recreational 
                segment designated in paragraph (A) to the upstream 
                boundary of the North Fork Owyhee River Wilderness, as 
                a wild river.
          ``(181) Owyhee river, idaho.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                67.3 miles of the Owyhee River from the Idaho-Oregon 
                State border to the upstream boundary of the Owyhee 
                River Wilderness, to be administered by the Secretary 
                of the Interior as a wild river.
                  ``(B) Access.--The Secretary of the Interior shall 
                allow for continued access across the Owyhee River at 
                Crutchers Crossing, subject to such terms and 
                conditions as the Secretary of the Interior determines 
                to be necessary.
          ``(182) Red canyon, idaho.--The 4.6 miles of Red Canyon from 
        the confluence of the Owyhee River to the upstream boundary of 
        the Owyhee River Wilderness, to be administered by the 
        Secretary of the Interior as a wild river.
          ``(183) Sheep creek, idaho.--The 25.6 miles of Sheep Creek 
        from the confluence with the Bruneau River to the upstream 
        boundary of the Bruneau-Jarbidge Rivers Wilderness, to be 
        administered by the Secretary of the Interior as a wild river.
          ``(184) South fork owyhee river, idaho.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the 31.4-mile segment of the South Fork of the 
                Owyhee River upstream from the confluence with the 
                Owyhee River to the upstream boundary of the Owyhee 
                River Wilderness at the Idaho-Nevada State border, to 
                be administered by the Secretary of the Interior as a 
                wild river.
                  ``(B) Exception.--Notwithstanding subparagraph (A), 
                the 1.2-mile segment of the South Fork of the Owyhee 
                River from the point at which the river enters the 
                southernmost boundary to the point at which the river 
                exits the northernmost boundary of private land in sec. 
                25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be 
                administered by the Secretary of the Interior as a 
                recreational river.
          ``(185) Wickahoney creek, idaho.--The 1.5 miles of Wickahoney 
        Creek from the confluence of Big Jacks Creek to the upstream 
        boundary of the Big Jacks Creek Wilderness, to be administered 
        by the Secretary of the Interior as a wild river.''.
  (b) Boundaries.--Notwithstanding section 3(b) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(b)), the boundary of a river segment 
designated as a component of the National Wild and Scenic Rivers System 
under this Act shall extend not more than the shorter of--
          (1) an average distance of \1/4\ mile from the high water 
        mark on both sides of the river segment; or
          (2) the distance to the nearest confined canyon rim.
  (c) Land Acquisition.--The Secretary shall not acquire any private 
land within the exterior boundary of a wild and scenic river corridor 
without the consent of the owner.

SEC. 6. LAND IDENTIFIED FOR DISPOSAL.

  (a) In General.--Consistent with applicable law, the Secretary may 
sell public land located within the Boise District of the Bureau of 
Land Management that, as of the date of enactment of this Act, has been 
identified for disposal in appropriate resource management plans.
  (b) Use of Proceeds.--
          (1) In general.--Notwithstanding any other provision of law 
        (other than a law that specifically provides for a proportion 
        of the proceeds of a land sale to be distributed to any trust 
        fund of the State), proceeds from the sale of public land under 
        subsection (a) shall be deposited in a separate account in the 
        Treasury of the United States to be known as the ``Owyhee Land 
        Acquisition Account''.
          (2) Availability.--
                  (A) In general.--Amounts in the account shall be 
                available to the Secretary, without further 
                appropriation, to purchase land or interests in land 
                in, or adjacent to, the wilderness areas designated by 
                this Act, including land identified as ``Proposed for 
                Acquisition'' on the maps described in section 4(a)(1).
                  (B) Applicable law.--Any purchase of land or interest 
                in land under subparagraph (A) shall be in accordance 
                with applicable law.
          (3) Applicability.--This subsection applies to public land 
        within the Boise District of the Bureau of Land Management sold 
        on or after January 1, 2008.
  (c) Termination of Authority.--
          (1) In general.--The authority provided under this section 
        terminates on the earlier of--
                  (A) the date that is 10 years after the date of 
                enactment of this Act; or
                  (B) the date on which a total of $8,000,000 from the 
                account is expended.
          (2) Availability of amounts.--Any amounts remaining in the 
        account on the termination of authority under this section 
        shall be--
                  (A) credited as sales of public land in the State;
                  (B) transferred to the Federal Land Disposal Account 
                established under section 206(a) of the Federal Land 
                Transaction Facilitation Act (43 U.S.C. 2305(a)); and
                  (C) used in accordance with that Act.

SEC. 7. TRIBAL CULTURAL RESOURCES.

  (a) Coordination.--The Secretary shall coordinate with the Tribes in 
the implementation of the Shoshone Paiute Cultural Resource Protection 
Plan.
  (b) Agreements.--The Secretary shall seek to enter into agreements 
with the Tribes to implement the Shoshone Paiute Cultural Resource 
Protection Plan to protect cultural sites and resources important to 
the continuation of the traditions and beliefs of the Tribes.

SEC. 8. RECREATIONAL TRAVEL MANAGEMENT PLANS.

  (a) In General.--In accordance with the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall, 
in coordination with the Tribes, State, and County, prepare 1 or more 
travel management plans for motorized and mechanized off-highway 
vehicle recreation for the land managed by the Bureau of Land 
Management in the County.
  (b) Inventory.--Before preparing the plan under subsection (a), the 
Secretary shall conduct resource and route inventories of the area 
covered by the plan.
  (c) Limitation to Designated Routes.--
          (1) In general.--Except as provided in paragraph (2), the 
        plan shall limit recreational motorized and mechanized off-
        highway vehicle use to a system of designated roads and trails 
        established by the plan.
          (2) Exception.--Paragraph (1) shall not apply to snowmobiles.
  (d) Temporary Limitation.--
          (1) In general.--Except as provided in paragraph (2), until 
        the date on which the Secretary completes the plan, all 
        recreational motorized and mechanized off-highway vehicle use 
        shall be limited to roads and trails lawfully in existence on 
        the day before the date of enactment of this Act.
          (2) Exception.--Paragraph (1) shall not apply to--
                  (A) snowmobiles; or
                  (B) areas specifically identified as open, closed, or 
                limited in the Owyhee Resource Management Plan.
  (e) Schedule.--
          (1) Owyhee front.--It is the intent of Congress that, not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary shall complete a transportation plan for the Owyhee 
        Front.
          (2) Other bureau of land management land in the county.--It 
        is the intent of Congress that, not later than 3 years after 
        the date of enactment of this Act, the Secretary shall complete 
        a transportation plan for Bureau of Land Management land in the 
        County outside the Owyhee Front.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                                Purpose

    The purposes of S. 2833 are to establish the Owyhee Science 
Review and Conservation Center to provide information for 
improved rangeland management; to designate approximately 
517,000 acres of Bureau of Land Management lands in Owyhee 
County, Idaho, as wilderness; to release approximately 198,000 
acres of lands currently administered as wilderness study areas 
for multiple use management; and to designate approximately 316 
miles of rivers in Owyhee County as components of the National 
Wild and Scenic Rivers System.

                          Background and Need

    Owyhee County encompasses over 7,600 square miles of the 
southwestern corner of Idaho. With a population of just over 
11,000, it is a sparsely-populated area. Ranching is the 
traditional and predominant economic force throughout the 
county.
    In 2000, the Owyhee County Commissioners invited a number 
of interested parties to begin discussions with the goal of 
resolving a wide range of natural resource issues in the 
county. Over time, the discussions included representatives 
from many interests within the county, including local 
government officials, tribal representatives, ranchers, 
conservationists, recreational users, and others. On May 10, 
2006, the Owyhee Initiative Agreement was signed by 12 
representatives of the organizations and entities involved in 
the Owyhee Initiative Working Group.
    Although S. 2833 does not ratify or incorporate the Owyhee 
Initiative Agreement, the bill facilitates the implementation 
of the concept behind the original agreement, consistent with 
applicable Federal law.
    S. 2833 would establish the Owyhee Science Review and 
Conservation Center, to allow the Bureau of Land Management, in 
coordination with other Tribal, State, and local governmental 
entities, and in consultation with the University of Idaho, 
Federal grazing permittees, and the public, to conduct research 
and analysis to allow for improved rangeland management in 
Owyhee County.
    The wilderness areas to be designated by S. 2833 range from 
deep river canyons to vast sagebrush and grassland plateaus 
that provide habitat for sage grouse, pronghorn antelope, 
bighorn sheep, songbirds, raptors, and numerous rare plant 
species. Many of the river canyons within the proposed 
wilderness areas are more than 1,000 feet deep. Rivers meander 
for hundreds of miles through southwestern Idaho and form what 
may be the largest, most unaltered, desert region remaining in 
the continental United States.
    The additions to the Wild and Scenic River System are 
rugged, isolated, and unique. The Owyhee Uplands region is 
unlike any other desert region in the United States because it 
is dissected by hundreds of miles of free-flowing rivers. The 
rivers begin in the mountains of northern Nevada, flowing north 
across southwestern Idaho. Each river has cut a deep canyon 
through alternating layers of black and red volcanic rock. Each 
river also provides important habitat for wildlife, including 
bighorn sheep and large flocks of waterfowl. There are no paved 
roads along any of these rivers, although there are several 
improved and unimproved dirt roads, which provide limited 
access to these remote streams and ranches in the area. The 
larger rivers, like the Owyhee and Bruneau, contain some of the 
most challenging whitewater in the United States.

                          Legislative History

    S. 2833 was introduced by Senator Crapo on April 9, 2008. 
Senator Crapo introduced a related bill, S. 802, on March 7, 
2007. In the 109th Congress, Senator Crapo introduced S. 3794, 
which was identical to S. 802. The Subcommittee on Public Lands 
and Forests held a hearing on S. 3794 on September 27, 2006. No 
further action was taken on that bill.
    The Subcommittee on Public Lands and Forests held a hearing 
on the bill on April 22, 2008. At its business meeting on May 
7, 2008, the Committee on Energy and Natural Resources ordered 
S. 2833 favorably reported, with an amendment in the nature of 
a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2833, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 2833, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
updates the map and acreage references for the designated 
wilderness areas and makes several other technical, clarifying, 
and conforming changes. The amendment is explained in detail in 
the section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Owyhee Public 
Land Management Act of 2008''.
    Section 2 defines key terms used in the bill.
    Section 3(a) directs the Secretary of the Interior, in 
coordination with the Shoshone Paiute Tribes of the Duck Valley 
Reservation, the State of Idaho, and Owyhee County, and in 
consultation with the University of Idaho, Federal grazing 
permittees, and the public, to establish the Owyhee Science 
Review and Conservation Center in Owyhee County to conduct 
research projects to address natural resource management issues 
affecting public and private rangeland in the county.
    Subsection (b) states that the purpose of the Center is to 
facilitate the collection and analysis of information to 
provide Federal and State agencies, the tribes, the county, 
private landowners, and the public with information on improved 
rangeland management.
    Section 4(a)(1) designates the following areas as 
wilderness, to be administered by the Bureau of Land Management 
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.):

Big Jacks Creek Wilderness..............................    52,826 acres
Bruneau--Jarbidge Rivers Wilderness.....................    89,996 acres
Little Jacks Creek Wilderness...........................    50,929 acres
North Fork Owyhee Wilderness............................    43,413 acres
Owyhee River Wilderness.................................   267,328 acres
Pole Creek Wilderness...................................    12,533 acres

    Paragraph (2) directs the Secretary to submit a map and 
legal description for each wilderness area designated by this 
Act to the House and Senate authorizing committees.
    Paragraph (3) provides for the release of approximately 
198,000 acres of BLM lands from wilderness study status and 
directs that the lands be managed in accordance with applicable 
land use plans.
    Subsection (b)(1) provides for the administration of the 
areas designated as wilderness by this Act in accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.).
    Paragraph (2) withdraws all of the land designated as 
wilderness by this Act from entry, appropriation, or disposal 
under the public lands laws, from location, entry, and patent 
under the mining laws, and from disposition under the mineral 
leasing, mineral materials, and geothermal leasing laws.
    Paragraph (3) provides for continued grazing of livestock 
within the wilderness areas, where the use is established as of 
the date of enactment of this Act. The Secretary is directed to 
conduct an inventory of existing facilities and improvements 
associated with grazing activities in the wilderness areas 
within one year after the date of enactment.
    Subparagraph (D) requires the Secretary to accept 
thedonation of any valid grazing permit or lease, if any portion of the 
permit or lease is within a wilderness area designated by this Act. If 
a permit or lease is donated, the Secretary is directed to terminate 
the permit or lease to ensure a permanent end to grazing on the 
affected land. If the land covered by a donated permit or lease is part 
of a common allotment, the Secretary is directed to reduce the 
authorized grazing level on the land to reflect the donation of the 
permit or lease and shall not allow grazing use to exceed the 
authorized level. The subparagraph also makes clear that a permittee 
may make a partial donation of the authorized grazing use.
    Paragraph (4) authorizes the Secretary to acquire lands and 
interests therein within the wilderness areas by purchase, 
donation, or exchange.
    Paragraph (5) directs the Secretary to establish a trail 
plan that addresses hiking and equestrian trails within the 
wilderness areas, consistent with the Wilderness Act.
    Paragraph (6) clarifies that commercial services, including 
authorized outfitting and guide activities, are authorized 
within the wilderness areas to the extent necessary for 
activities that fulfill the recreational or other wilderness 
purpose of the area.
    Paragraph (7) provides for access to private property 
located within the wilderness areas in accordance with section 
5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
    Paragraph (8) states that nothing in this Act affects the 
jurisdiction of the State of Idaho with respect to fish and 
wildlife on public lands. The Secretary is authorized to 
conduct wildlife management activities in the wilderness areas 
in furtherance of the Wilderness Act, if the activities are 
consistent with relevant wilderness management plans and 
conducted in accordance with appropriate policies, as described 
in Appendix B of House Report 101-405. The activities may 
include the occasional and temporary use of motor vehicles, if 
necessary to promote healthy, viable, and more naturally 
distributed wildlife populations.
    Paragraph (9) mirrors language in the Wilderness Act which 
states that the Secretary may take any measures the Secretary 
determines necessary to control fire, insects, or diseases.
    Paragraph (10) clarifies that the designation of a 
wilderness area shall not create a protective perimeter or 
``buffer zone'' around the area.
    Paragraph (11) provides that nothing in this Act restricts 
or precludes low-level overflights of military aircraft over 
the designated wilderness areas, flight testing and evaluation, 
the designation or creation of new units of special use 
airspace, or the establishment of military flight training 
routes over the wilderness areas.
    Paragraph (12) states that the designation of wilderness 
shall not create an express or implied reservation by the 
United States of any water or water rights for wilderness 
purposes. The paragraph clarifies that this denial of a Federal 
reserved water right does not apply to the components of the 
National Wild and Scenic Rivers System designated by this Act.
    Section 5(a) amends section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) to add 16 river segments as 
additions to the Wild and Scenic Rivers System. The combined 
length of the designated river segments is approximately 316 
miles.
    Subsection (b) limits the boundary of a river segment 
designated by subsection (a) to the shorter of an average 
distance of one-quarter mile from the high water mark on both 
sides of the river segment, or the distance to the nearest 
confined canyon rim.
    Subsection (c) prohibits the Secretary from acquiring any 
private land within the exterior boundary of a wild and scenic 
river corridor without the consent of the owner.
    Section 6(a) authorizes the Secretary to sell public land 
located within the Boise District of the Bureau of Land 
Management that, as of the date of enactment of this Act, has 
been identified for disposal in appropriate resource management 
plans.
    Subsection (b) provides that notwithstanding any other 
provision of law (other than a law providing for a portion of 
land sale revenues to be distributed to a State education trust 
fund), proceeds from the sale of lands under subsection (a) 
shall be deposited in a separate account in the Treasury known 
as the ``Owyhee Land Acquisition Account''. Amounts deposited 
in the special account shall be available to the Secretary, 
without further appropriation, to purchase lands, or interests 
therein, in or adjacent to the wilderness areas designated by 
this Act, including lands depicted on the referenced map. Any 
land purchases using the special account are to be conducted in 
accordance withapplicable law. The subsection applies to any 
public lands sold in the Boise District on or after January 1, 2008.
    Subsection (c) terminates the authority provided under this 
section either ten years after the date of enactment, or the 
date on which at least $8 million is expended, whichever is 
earlier. Any funds remaining in the special account shall be 
transferred to the Federal Land Disposal Account established 
under the Federal Land Transaction Facilitation Act (43 U.S.C. 
2305(a)) to be used for purchase of lands in Idaho in 
accordance with that Act.
    Section 7 directs the Secretary to coordinate with the 
Shoshone Paiute Tribes of the Duck Valley Reservation in the 
implementation of the Shoshone Paiute Cultural Resource 
Protection Plan to protect cultural sites and resources 
important to the continuation of the traditions and beliefs of 
the tribes.
    Section 8(a) requires the Secretary, in accordance with the 
Federal Land Policy and Management Act of 1976, and in 
coordination with the Tribes, the State of Idaho, and Owyhee 
County, to prepare one or more travel management plans to 
address motorized and mechanized off-highway vehicle recreation 
for BLM-managed lands in Owyhee County.
    Subsection (b) states that the Secretary is required to 
conduct resource and route inventories of the area before 
preparing the plan.
    Subsection (c) provides that, with the exception of 
snowmobiles, the plan shall limit recreational motorized and 
mechanized off-highway vehicle use to a system of designated 
roads and trails established by the plan.
    Subsection (d) provides that until the plan is completed, 
all recreational motorized and mechanized off-highway vehicle 
use is limited to roads and trails lawfully in existence prior 
to the date of enactment of this Act.
    Subsection (e) states that it is the intent of Congress 
that the Secretary shall complete a transportation plan for the 
Owyhee Front area not later than one year after the date of 
enactment of this Act, and that the transportation plan for the 
remaining areas in Owyhee County be completed no later than 
three years after the date of enactment of this Act.
    Section 9 authorizes the appropriation of such sums as may 
be necessary to carry out this Act.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 2833--Owyhee Public Land Management Act of 2008

    S. 2833 would designate land and waterways in southwestern 
Idaho as wilderness or as wild or recreational rivers. The bill 
also would authorize the Bureau of Land Management (BLM) to 
sell certain lands in Idaho and spend the proceeds on acquiring 
other properties in the state. Based on information provided by 
BLM, CBO estimates that implementing the bill would have no 
significant effect on discretionary spending. We estimate that 
enacting the bill would result in additional direct spending of 
about $5 million over the 2009-2013 period. The legislation 
would not affect revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    Under S. 2833, about 517,000 acres of land, most of which 
is already owned by BLM, would be added to the National 
Wilderness Preservation System. About 316 miles of rivers and 
creeks in the same area would be added to the Wild and Scenic 
River System. Most of the acreage designated by the bill is 
currently in wilderness study areas (WSA), which are managed by 
BLM to protect their wilderness values; no additional resources 
would be required to manage that acreage (or the small amount 
of other BLM land not in a WSA) as wilderness. The agency could 
incur additional discretionary costs to revise brochures, maps, 
and signs to reflect the new designations (of both wilderness 
and wild or recreational rivers), but CBO estimates that such 
costs would be minimal because most such revisions would take 
place in conjunction with scheduled reprinting and routine 
maintenance. Other expenses--for possible fencing, resource 
inventories, and other costs--would be minor.
    Enacting S. 2833 would result in additional direct spending 
because the bill would allow BLM to spend proceeds from sales 
that would, under existing law, be deposited into the U.S. 
Treasury. Under the bill, BLM could sell federal lands in the 
Boise area that were identified for disposal before the 
legislation's enactment and spend, without further 
appropriation, up to $8 million of those proceeds to purchase 
other land for the new wilderness area. BLM is already 
authorized to dispose of all of that land under existing law, 
but the authority to spend the proceeds of such sales only 
applies to land that was identified for disposal before July 
25, 2000. CBO expects that BLM would receive about $5 million 
from selling land that was identified for disposal after that 
date, resulting in additional direct spending of that amount 
over the 2009-2013 period.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2833. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2833, as ordered reported.

                   Congressionally Directed Spending

    S. 2833, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined by rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the April 22, 2008 hearing on S. 2833 follows:

   Statement of Julie Jacobson, Deputy Assistant Secretary, Land and 
            Minerals Management, Department of the Interior

    Thank you for inviting me to testify on S. 2833, the Owyhee 
Public Lands Management Act of 2008. This bill seeks to resolve 
a wide range of public land management issues and opportunities 
on lands managed by the Bureau of Land Management (BLM) in 
Owyhee County, Idaho. It is the result of years of intensive 
efforts by the Idaho delegation, and particularly Senator 
Crapo, working with local governments and the public to reach 
consensus on difficult issues in the spirit of cooperative 
conservation. We respect the resolution of local land use 
conflicts in this matter, and support the bill with 
modification of the formula for distributing the proceeds from 
any land sales to ensure that an appropriate share of the 
proceeds is returned to the Federal taxpayers. We would, like 
to work to address this, and other areas of concern, with the 
sponsor and the Committee.


                               background


    Owyhee County encompasses over 7,600 square miles of the 
southwestern corner of Idaho. It is the homeland of the 
Shoshone-Paiute people and encompasses the Duck Valley 
Reservation. With a population of just over 11,000, it is a 
sparsely-peopled land where magnificent canyons, rushing 
rivers, and wide-open skies dominate the landscape. Ranching is 
the traditional and predominant economic activity throughout 
Owyhee County.
    In 2000, the Owyhee County Commissioners invited a number 
of interested parties to begin discussions with an eye toward 
resolving a wide range of natural resource issues in the 
County. Innumerable meetings, conversations, and dialogues 
ensued. Over time, this effort included representatives from 
many interests within the County, including local government 
officials, tribal representatives, ranchers, conservationists, 
recreationists, and others.
    The legislation before this Committee, S. 2833, is an 
effort to realize those efforts. Senator Crapo deserves 
recognition for his commitment to working toward collaborative 
solutions in the spirit of cooperative conservation and 
proposing this legislation to help resolve Owyhee County's 
public land issues.


             owyhee science review and conservation center


    Section 3 of this bill requires the Secretary of the 
Interior to establish the Owyhee Science Review and 
Conservation Center in Owyhee County, Idaho. The stated 
intention of the Center is to conduct research projects to 
address natural resources management issues as they affect 
public and private rangelands in Owyhee County with a goal of 
providing information for improved rangeland management.
    We do not oppose the establishment of this Center; however 
we are concerned about the ongoing costs of establishing and 
operating such a Center. We urge the Committee and the sponsor 
to consider making section 3 subject to adequate 
appropriations.


            wilderness and wild & scenic rivers designations


    The Department of the Interior supports the Wilderness and 
Wild and Scenic River designations in the bill, subject to 
adjustments in boundaries and management language as is routine 
in such proposed designations. In general, the Department 
supports the efforts of Congressional delegations to resolve 
wilderness issues in their states. Congress has the sole 
authority to designate lands to be managed as wilderness and we 
have repeatedly urged that these issues be addressed 
legislatively.
    Section 4 of S. 2833 designates as wilderness 517,128 acres 
in six separate areas and releases approximately 198,073 acres 
from WSA status and will return these lands to the full range 
of multiple public uses authorized by the Federal Land Policy 
and Management Act (FLPMA). The Department generally supports 
the designations and releases proposed by the legislation and 
would like the opportunity to work with the sponsor and the 
Committee on possible minor boundary adjustments to ensure 
efficient manageability.
    The areas identified to be designated as wilderness 
include: Big Jacks Creek Wilderness, Bruneau-Jarbidge Rivers 
Wilderness, Little Jacks Creek Wilderness, North Fork Owyhee 
Wilderness, Owyhee River Wilderness and Pole Creek Wilderness. 
These proposed wilderness areas contain beautiful and remote 
desert landscapes. The terrain within the proposed wilderness 
is diverse, ranging from deep river canyons to vast sagebrush 
and grassland plateaus that provide habitat for sage-grouse, 
pronghorn antelope, bighorn sheep, songbirds, raptors, and 
numerous rare plant species. The river canyons are spectacular. 
Many are more than 1,000 feet deep, nearly twice as deep as the 
Washington Monument is tall. Rivers meander for hundreds of 
miles through southwestern Idaho and form what may be the 
largest, most unaltered, desert region remaining in the 
continental United States.
    Section 5 would designate more than 315 miles of waterways 
as segments of the Wild and Scenic Rivers System. These river 
segments, ranging from \3/10\ of a mile to over 67 miles, would 
be established on 16 different rivers and creeks including the 
Owyhee, Bruneau, and Jarbidge Rivers. As with wilderness, it is 
the prerogative of the Congress to make determinations for 
additions to the Wild and Scenic River System and we generally 
defer to the consensus of individual congressional delegations 
while providing input on manageability and potential conflicts.
    The proposed additions to the Wild and Scenic River System 
are rugged, isolated, and unique. This region, the Owyhee 
Uplands, is unlike any other desert region in the United States 
because it is dissected by hundreds of miles of free-flowing 
rivers. The rivers begin in the mountains of northern Nevada 
and, flowing north, radiate like spokes across southwestern 
Idaho. Each river has cut a deep, magnificent canyon through 
alternating layers of black and red volcanic rock. Each river 
is also an oasis for wildlife, including bighorn sheep and 
large flocks of waterfowl. There are no paved roads along any 
of these rivers and only a few dirt roads provide limited 
access to these remote streams. The larger rivers, like the 
Owyhee and Bruneau, contain some of the most challenging 
whitewater in the United States. River enthusiasts come from 
around the country to float these rivers and experience some of 
the ultimate river adventures in the United States.


            relinquishment and retirement of grazing permits


    Section 4(b)(3)(D) of S. 2833 provides for the voluntary 
relinquishment of grazing permits or leases by permittees to 
the Secretary of the Interior for authorized grazing on BLM-
managed lands within areas designated as wilderness by S. 2833. 
Under the bill, the Secretary is required to accept the 
donation of those permits or leases and is required to 
permanently retire the allotments covered by the permits or 
leases from grazing. Partial relinquishment and congruent 
retirement of allotments is also provided for under this 
subsection.
    The BLM believes that grazing is a compatible use within 
wilderness and there is a long history of legislation 
accommodating grazing within wilderness designations. The BLM 
is also concerned about retiring grazing permits. Were it not 
for the Congressional acknowledgement of the choice of 
individual permittees, and the rigor of the collaborative 
process underlying these designations, BLM could only retire 
grazing permits through land use planning processes. However, 
the BLM also recognizes the value of working cooperatively and 
collaboratively with local stakeholders to fulfill its 
multiple-use mission on BLM lands. The BLM is committed to 
working with the Committee, the sponsor, and stakeholders in 
the spirit of cooperative conservation within our existing 
authority.


                    disposal and acquisition of land


    Section 6 of S. 2833 provides for the sale of lands 
identified for disposal within the Boise District of the BLM 
and the subsequent use of those proceeds for the acquisition of 
private lands from willing sellers, within or adjacent to the 
wilderness areas designated by this bill. Specifically, section 
6(a) authorizes the sale of lands identified for disposal prior 
to the date of enactment of the legislation. The proceeds from 
any such sales taking place after January 1, 2008, would be 
deposited in a special account and would be available for the 
acquisition of private lands identified on the maps referenced 
by the legislation or any other private lands within or 
adjacent to the wilderness designated by S. 2833. This 
authority expires at the end of 10 years or on the date when $8 
million has been expended from the account, whichever happens 
first. Amounts remaining in the account upon termination would 
be transferred to the Federal Land Deposit Account authorized 
by the Federal Land Transaction Facilitation Act (FLTFA) and 
expended in accordance with FLTFA.
    The Department notes that all such sales and acquisitions 
would be undertaken consistent with applicable laws, including 
FLPMA, and would be subject to appraisals completed in 
accordance with the Uniform Appraisal Standards for Federal 
Land Acquisition and the Uniform Standards of Professional 
Appraisal Practice.
    In addition, the manner in which the proceeds from land 
sales are distributed requires significant modifications. As 
noted above, we will work with the sponsors to ensure that this 
bill returns an appropriate share of these proceeds to the 
Federal taxpayer, consistent with the Administration's proposed 
changes to the FLTFA. Our proposal would provide for a 
consistent approach to the distribution of land sales proceeds 
at the National level.


                         additional provisions


    Section 7 requires the Secretary to coordinate with the 
Shoshone Paiute Tribes in implementation of the Shoshone Paiute 
Cultural Resource Protection Plan and seek agreements with the 
Tribes to implement the plan in order to protect cultural sites 
and resources important to the Tribes. One provision of that 
plan includes a federally reimbursable law enforcement 
agreement with Owyhee County for services from the Tribes. The 
BLM and the Shoshone-Paiute Tribes have an excellent 
cooperative relationship and work together effectively on a 
wide range of public land management issues in southwest Idaho. 
The Administration supports and endorses BLM's continuing and 
expanding this cooperative relationship.
    Finally, section 8 requires the BLM to prepare travel 
management plan for public lands within Owyhee County. 
Providing for the wise management and balance of all modes of 
travel and user needs continues to be a priority for the BLM. 
The BLM is currently in the process of developing travel 
management plans throughout the West. We are committed to 
completing those plans with full public participation in Owyhee 
County and on all BLM-managed public lands. We would like the 
opportunity to work with the sponsor and the Committee to 
ensure this section provides for comprehensive travel and 
transportation management planning.
    We are concerned about the long-term costs of the bill not 
only to the Department of the Interior and the BLM but also to 
the Federal Treasury. Public expectations for large infusions 
of Federal funds to accomplish this bill's authorizations 
without a clear source of dollars could result in 
disappointment and frustrate local working relationships.
    Thank you for the opportunity to testify on this 
legislation. S. 2833 is the result of years of intensive 
efforts by Senator Crapo and many interested parties. We 
applaud these efforts and look forward to working with the 
Committee and Sponsor to address the issues addressed above, as 
well as technical and conforming amendments. I will be happy to 
answer any questions that you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2833 as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

             (Public Law 90-542; Approved October 2, 1968)


                        [16 U.S.C. 1271 et seq.]


  AN ACT To provide a National Wild and Scenic Rivers System, and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act may be cited as the ``Wild and Scenic Rivers Act''.

           *       *       *       *       *       *       *

          [(  )] (167) White salmon river, washington.--The 20 
        miles of river segments of the main stem of the White 
        Salmon River and Cascade Creek, Washington, to be 
        administered by the Secretary of Agriculture in the 
        following classifications:
                  (A) The approximately 1.6-mile segment of the 
                main stem of the White Salmon River from the 
                headwaters on Mount Adams in section 17, 
                township 8 north, range 10 east, downstream to 
                the Mount Adams Wilderness boundary as a wild 
                river.
                  (B) The approximately 5.1-mile segment of 
                Cascade Creek from its headwaters on Mount 
                Adams in section 10, township 8 north, range 10 
                east, downstream to the MountAdams Wilderness 
boundary as a wild river.
                  (C) The approximately 1.50-mile segment of 
                Cascade Creek from the Mount Adams Wilderness 
                boundary downstream to its confluence with the 
                White Salmon River as a scenic river.
                  (D) The approximately 11.8-mile segment of 
                the main stem of the White Salmon River from 
                the Mount Adams Wilderness boundary downstream 
                to the Gifford Pinchot National Forest boundary 
                as a scenic river.
          [(  )] (168) Black butte river, california.--The 
        following segments of the Black Butte River in the 
        State of California, to be administered by the 
        Secretary of Agriculture:
                  (A) The 16 miles of Black Butte River, from 
                the Mendocino County Line to its confluence 
                with Jumpoff Creek, as a wild river.
                  (B) The 3.5 miles of Black Butte River from 
                its confluence with Jumpoff Creek to its 
                confluence with Middle Eel River, as a scenic 
                river.
                  (C) The 1.5 miles of Cold Creek from the 
                Mendocino County Line to its confluence with 
                Black Butte River, as a wild river.
          [(167)] (169) Musconetcong river, new jersey.--
                  (A) Designation.--The 24.2 miles of river 
                segments in New Jersey, consisting of--
                          (i) the approximately 3.5-mile 
                        segment from Saxton Falls to the Route 
                        46 bridge, to be administered by the 
                        Secretary of the Interior as a scenic 
                        river; and
                          (ii) the approximately 20.7-mile 
                        segment from the Kings Highway bridge 
                        to the railroad tunnels at Musconetcong 
                        Gorge, to be administered by the 
                        Secretary of the Interior as a 
                        recreational river.
                  (B) Administration.--Notwithstanding section 
                10(c) the river segments designated under 
                subparagraph (A) shall not be administered as 
                part of the National Park System.
          (170) Battle creek, idaho.--The 23.4 miles of Battle 
        Creek from the confluence of the Owyhee River to the 
        upstream boundary of the Owyhee River Wilderness, to be 
        administered by the Secretary of the Interior as a wild 
        river.
          (171) Big jacks creek, idaho.--The 35.0 miles of Big 
        Jacks Creek from the downstream border of the Big Jacks 
        Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the 
        point at which it enters the NW\1/4\ of sec. 26, T. 10 
        S., R. 2 E., Boise Meridian, to be administered by the 
        Secretary of the Interior as a wild river.
          (172) Bruneau river, idaho.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the 39.3-mile segment of the 
                Bruneau River from the downstream boundary of 
                the Bruneau-Jarbidge Wilderness to the upstream 
                confluence with the west fork of the Bruneau 
                River, to be administered by the Secretary of 
                the Interior as a wild river.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), the 0.6-mile segment of the Bruneau River 
                at the Indian Hot Springs public road access 
                shall be administered by the Secretary of the 
                Interior as a recreational river.
          (173) West fork bruneau river, idaho.--The 
        approximately 0.35 miles of the West Fork of the 
        Bruneau River from the confluence with the Jarbidge 
        River to the downstream boundary of the Bruneau Canyon 
        Grazing Allotment in the SE/NE of sec. 5, T. 13 S., R. 
        7 E., Boise Meridian, to be administered by the 
        Secretary of the Interior as a wild river.
          (174) Cottonwood creek, idaho.--The 2.6 miles of 
        Cottonwood Creek from the confluence with Big Jacks 
        Creek to the upstream boundary of the Big Jacks Creek 
        Wilderness, to be administered by the Secretary of the 
        Interior as a wild river.
          (175) Deep creek, idaho.--The 13.1-mile segment of 
        Deep Creek from the confluence with the Owyhee River to 
        the upstream boundary of the Owyhee River Wilderness in 
        sec. 30, T. 12 S., R. 2 W., Boise Meridian, to be 
        administered by the Secretary of the Interior as a wild 
        river.
          (176) Dickshooter creek, idaho.--The 9.25 miles of 
        Dickshooter Creek from the confluence with Deep Creek 
        to a point on the stream \1/4\ mile due west of the 
        east boundary of sec. 16, T. 12 S., R. 2 W., Boise 
        Meridian, to be administered by the Secretary of the 
        Interior as a wild river.
          (177) Duncan creek, idaho.--The 0.9-mile segment of 
        Duncan Creek from the confluence with Big Jacks Creek 
        upstream to the east boundary of sec. 18, T. 10 S., R. 
        4 E., Boise Meridian, to be administered by the 
        Secretary of the Interior as a wild river.
          (178) Jarbidge river, idaho.--The 28.8 miles of the 
        Jarbidge River from the confluence with the West Fork 
        Bruneau River to the upstream boundary of the Bruneau 
        Jarbidge Rivers Wilderness, to be administered by the 
        Secretary of the Interior as a wild river.
          (179) Little jacks creek, idaho.--The 12.4 miles of 
        Little Jacks Creek from the down stream boundary of the 
        Little Jacks Creek Wilderness, upstream to the mouth of 
        OX Prong Creek, to be administered by the Secretary of 
        the Interior as a wild river.
          (180) North fork owyhee river, idaho.--The following 
        segments of the North Fork of the Owyhee River, to be 
        administered by the Secretary of the Interior:
                  (A) The 5.7-mile segment from the Idaho-
                Oregon State border to the upstream boundary of 
                the private land at the Juniper Mt. Road 
                crossing, as a recreational river.
                  (B) The 15.1-mile segment from the upstream 
                boundary of the North Fork Owyhee River 
                recreational segment designated in paragraph 
                (A) to the upstream boundary of the North Fork 
                Owyhee River Wilderness, as a wild river.
          (181) Owyhee river, idaho.--
                  (A) In general.--Subject to subparagraph (B), 
                the 67.3 miles of the Owyhee River from the 
                Idaho-Oregon State border to the upstream 
                boundary of the Owyhee River Wilderness, to be 
                administered by the Secretary of the Interior 
                as a wild river.
                  (B) Access.--The Secretary of the Interior 
                shall allow for continued access across the 
                Owyhee River at Crutchers Crossing, subject to 
                such terms and conditions as the Secretary of 
                the Interior determines to be necessary.
          (182) Red canyon, idaho.--The 4.6 miles of Red Canyon 
        from the confluence of the Owyhee River to the upstream 
        boundary of the Owyhee River Wilderness, to be 
        administered by the Secretary of the Interior as a wild 
        river.
          (183) Sheep creek, idaho.--The 25.6 miles of Sheep 
        Creek from the confluence with the Bruneau River to the 
        upstream boundary of the Bruneau-Jarbidge Rivers 
        Wilderness, to be administered by the Secretary of the 
        Interior as a wild river.
          (184) South fork owyhee river, idaho.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the 31.4-mile segment of the 
                South Fork of the Owyhee River upstream from 
                the confluence with the Owyhee River to the up 
                stream boundary of the Owyhee River Wilderness 
                at the Idaho-Nevada State border, to be 
                administered by the Secretary of the Interior 
                as a wild river.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), the 1.2-mile segment of the South Fork of 
                the Owyhee River from the point at which the 
                river enters the southernmost boundary to the 
                point at which the river exits the northernmost 
                boundary of private land in 4 sec. 25 and 26, 
                T. 14 S., R. 5 W., Boise Meridian, shall be 
                administered by the Secretary of the Interior 
                as a recreational river.
          (185) Wickahoney creek, idaho.--The 1.5 miles of 
        Wickahoney Creek from the confluence of Big Jacks Creek 
        to the upstream boundary of the Big Jacks Creek 
        Wilderness, to be administered by the Secretary of the 
        Interior as a wild river.

                                  
