[Senate Report 114-315]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 588
114th Congress    }                                     {       Report
                                 SENATE
 2d Session       }                                     {      114-315

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



 
              OWYHEE WILDERNESS BOUNDARY MODIFICATIONS ACT

                                _______
                                

               September 6, 2016.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1167]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1167) to modify the boundaries of the 
Pole Creek Wilderness, the Owyhee River Wilderness, and the 
North Fork Owyhee Wilderness and to authorize the continued use 
of motorized vehicles for livestock monitoring, herding, and 
grazing in certain wilderness areas in the State of Idaho, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    1. Strike sections 3 and 4 and insert the following:

SEC. 3. LIMITED MOTORIZED USE FOR LIVESTOCK OPERATIONS.

    (a) In General.--The holder of a grazing permit within the Pole 
Creek Wilderness and the Owyhee River Wilderness designated by subtitle 
F of title I of the Omnibus Public Land Management Act of 2009 (Public 
Law 111-11; 123 Stat. 1032) (referred to in this section as the 
``wilderness areas'') shall be allowed continued limited motorized use 
in the wilderness areas to support livestock operations in accordance 
with this section if--
          (1) the use occurred prior to the designation of the 
        wilderness areas; and
          (2) the Secretary of the Interior (referred to in this 
        section as the ``Secretary''), as part of the minimum 
        requirements analysis required under subsection (b)(1) and 
        consistent with section 4(d)(4) of the Wilderness Act (16 
        U.S.C. 1133(d)(4)) and the guidelines set forth in Appendix A 
        of the report of the Committee on Interior and Insular Affairs 
        of the House of Representatives accompanying H.R. 2570 of the 
        101st Congress (House Report 101-405), has authorized the 
        permittee to conduct limited motorized use within the 
        wilderness areas as of the date of enactment of this Act.
    (b) Minimum Requirements Analysis.--
          (1) In general.--The Secretary shall conduct a minimum 
        requirements analysis for motorized use within the wilderness 
        areas as part of the renewal process for the affected grazing 
        permit.
          (2) Inclusion.--As part of the analysis conducted under 
        paragraph (1), the Secretary shall analyze the impacts of 
        limited motorized use for livestock operations on vegetation, 
        wildlife, and cultural resources within the wilderness areas.
          (3) Effect.--Nothing in this section prohibits the Secretary 
        from modifying or terminating motorized use for livestock 
        operations within the wilderness areas authorized under this 
        section if, based on the analysis required under this 
        subsection, the Secretary finds that the motorized use within 
        the wilderness areas is not consistent with--
                  (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
                1133(d)(4)); and
                  (B) the guidelines set forth in Appendix A of the 
                report of the Committee on Interior and Insular Affairs 
                of the House of Representatives accompanying H.R. 2570 
                of the 101st Congress (House Report 101-405).
    (c) Interim Authorization.--Until the date on which the analysis 
described in subsection (b) is completed, the Secretary shall permit 
limited motorized use for livestock operations in the wilderness areas 
at not more than the level authorized as of the date of enactment of 
this Act, subject to such terms and conditions as the Secretary 
determines necessary.

                                PURPOSE

    The purpose of S. 1167 is to modify the boundaries of the 
Pole Creek Wilderness, the Owyhee River Wilderness, and the 
North Fork Owyhee Wilderness and to authorize the continued 
limited use of motorized vehicles for livestock monitoring, 
herding, and grazing in certain wilderness areas in the State 
of Idaho.

                          BACKGROUND AND NEED

    Owyhee County encompasses over 7,600 square miles in the 
southwestern corner of Idaho. The County is a diverse landscape 
of magnificent canyons and rivers, and rugged, remote 
backcountry. Ranching is the traditional and predominant 
activity in the County.
    In 2000, the Owyhee County Commissioners, along with the 
Shoshone Paiute Tribes, began a collaborative effort known as 
the Owyhee Initiative to resolve decades-old land and resource 
management issues in Owyhee County, Idaho. Over time, the 
Initiative expanded into a working group that included local, 
state, and federal officials, local ranchers, recreation 
interests, environmental organizations, and others. On May 10, 
2006, the Owyhee Initiative Agreement was signed by 12 
representatives from organizations and entities involved in the 
Owyhee Initiative Working Group.
    This Owyhee Initiative Agreement became the basis for 
legislation that was included in subtitle F of the Omnibus 
Public Lands Management Act (OPLMA) that was enacted into law 
on March 30, 2009 (Public Law 111-11). The legislation 
designated 517,025 acres of public land as components of the 
National Wilderness Preservation System; released 199,000 acres 
managed as wilderness study areas for multiple use; and, 
designated approximately 316 miles of rivers as components of 
the Wild and Scenic Rivers System.
    In addition, subtitle F of the OMPLA permitted grazing to 
continue in the designated wilderness areas subject to such 
reasonable regulations, policies, and practices as the 
Secretary considered 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. Section 
4(d)(4) of the Wilderness Act provides that livestock grazing, 
where established prior to the designation of a wilderness 
area, shall be permitted to continue, subject to such 
reasonable regulations as are deemed necessary by the 
Secretary. The grazing guidelines referenced in the House 
Report state: ``where practical alternatives do not exist, 
maintenance or other activities may be accomplished through the 
occasional use of motorized equipment.''
    In 2012, the Bureau of Land Management (BLM) issued a 
revised manual for the management of designated wilderness 
areas. The updated guidelines do not permit the use of 
motorized equipment for herding or routine inspections for 
livestock management, regardless of whether or not these 
activities occurred prior to the wilderness designation. In 
2015, the BLM finalized the Owyhee Canyonlands Wilderness and 
Wild and Scenic Rivers Management Plan that incorporates the 
2012 BLM manual wilderness management guidelines. The Owyhee 
Initiative stakeholders have expressed concern about the 
implementation of the OPLMA by the BLM.
    S. 1167 modifies the boundaries of the Pole Creek, Owyhee 
River, and North Fork Owyhee Wilderness Areas designated in 
2009 reducing the size of these wilderness areas by 
approximately 800 acres. In addition, S. 1167 authorizes the 
Secretary to continue to permit the existing motorized limited 
use for livestock operations in the Pole Creek and the Owyhee 
River Wilderness Areas if certain conditions are met and the 
Secretary conducts certain analyses as part of the permit 
renewal process.

                          LEGISLATIVE HISTORY

    S. 1167 was introduced by Senators Crapo and Risch on April 
30, 2015. In the House of Representatives, Representative Raul 
Labrador introduced a similar bill, H.R. 2171, on April 30, 
2015.
    In the Senate, the Subcommittee on Public Lands, Forests 
and Mining held a hearing on S. 1167 on April 21, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016 and ordered S. 1167 favorably 
reported as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2016, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1167, if amended, as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1167, the Committee adopted 
an amendment to strike sections 3 and 4 regarding livestock 
grazing in the wilderness areas designated in OPLMA and to 
insert a new section 3. The amendment's new section 3 would 
authorize the Secretary of the Interior to continue limited 
motorized use for livestock operations for the affected grazing 
permit if the use occurred prior to the designation of the 
wilderness areas and the Secretary has authorized such use as 
of the date of enactment of this Act. The amendment would also 
require the Secretary to conduct a minimum requirements 
analysis for motorized use within the wilderness areas when the 
affected grazing permit is renewed and provides an interim 
authorization for the motorized use until such analysis is 
complete.
    The amendment is further described in the section-by-
section analysis.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 contains the short title, the ``Owyhee Wilderness 
Areas Boundary Modification Act.''

Section 2. Owyhee Wilderness area boundary modifications

    Subsection (a) modifies the boundaries of the North Fork 
Owyhee Wilderness, the Owyhee River Wilderness, and the Pole 
Creek Wilderness areas to exclude certain lands as depicted on 
the maps.
    Subsection (b) allows the Secretary of the Interior 
(Secretary) to correct minor errors in the maps and requires 
that the maps be available in the appropriate office of the 
BLM.

Section 3. Limited motorized use for livestock operations

    Subsection (a) authorizes the Secretary to continue limited 
motorized use for livestock operations within the Pole Creek 
and Owyhee River Wilderness Areas for the affected grazing 
permit if the use occurred prior to the designation of the 
wilderness areas and Secretary has authorized such use as of 
the date of enactment of this Act.
    Subsection (b) requires the Secretary to conduct a minimum 
requirements analysis for motorized use within the wilderness 
areas when the affected grazing permit is renewed.
    Subsection (c) provides an interim authorization until the 
minimum requirements analysis is completed for the Secretary to 
continue the limited motorized use for livestock operations in 
the wilderness areas at the level authorized as of the date of 
enactment of this Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 5, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1167, the Owyhee 
Wilderness Areas Boundary Modifications Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

S. 1167--Owyhee Wilderness Areas Boundary Modifications Act

    S. 1167 would modify the boundaries of three wilderness 
areas in Idaho. The bill also would require the Bureau of Land 
Management (BLM) to conduct analyses when certain grazing 
permits are renewed to determine the minimum requirements for 
the use of motorized vehicles to manage livestock in the 
affected areas.
    Based on information provided by BLM, CBO estimates that 
implementing the bill would have no significant effect on the 
federal budget. The adjustments to the wilderness boundaries 
would reduce the total amount of wilderness by less than 800 
acres and would not significantly affect the management of the 
affected lands. In addition, the analyses required under the 
bill would be required for fewer than 5 permits and those 
analyses would largely consist of reviews that would occur 
under current law.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 1167 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, 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. 1167. 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. 1167, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1167, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Bureau of Land Management at 
the April 21, 2016, Subcommittee on Public Lands, Forest, and 
Mining, hearing on S. 1167 follows:

 Statement of Mike Pool, Acting Deputy Director for Operations, Bureau 
          of Land Management, U.S. Department of the Interior

    Thank you for inviting the Department of the Interior to 
testify on S. 1167, the Owyhee Wilderness Areas Boundary 
Modifications Act. This bill would modify the boundaries of the 
Pole Creek, Owyhee River, and North Fork Owyhee Wilderness 
Areas; authorize the use of motorized vehicles for livestock 
monitoring, herding, and gathering in six wilderness areas in 
Idaho; and require the Secretary of the Interior to submit a 
report describing livestock grazing management activities that 
were authorized in these six areas prior to their designation 
as wilderness in 2009.
    The BLM acknowledges the dedicated efforts of stakeholders 
to collaborate on issues concerning wilderness management in 
this region of Idaho. Generally, the BLM supports stakeholder-
driven efforts to refine management boundaries, provided those 
solutions further the purposes of the original enabling 
legislation and represent a balanced approach to enhancing 
manageability. The Administration, however, strongly opposes S. 
1167, because of broad management changes that would lift 
essential protections from wilderness areas. In particular, we 
oppose provisions for the use of motorized vehicles in 
wilderness areas because the language undermines the 
longstanding definition and spirit of wilderness as established 
in the Wilderness Act of 1964. We would like the opportunity to 
work with the sponsor and Subcommittee on other concerns 
detailed below.


                               background


    The Omnibus Public Land Management Act of 2009 (OPLMA; 
Public Law 111-11, Subtitle F) designated six wilderness areas 
in southwest Idaho--the Big Jacks Creek Wilderness 
(approximately 52,826 acres), the Bruneau-Jarbidge Rivers 
Wilderness (approximately 89,996 acres), the Little Jacks Creek 
Wilderness (approximately 50,929 acres), the North Fork Owyhee 
Wilderness (approximately 43,413 acres), the Owyhee River 
Wilderness (approximately 267,328 acres), and the Pole Creek 
Wilderness (approximately 12,533 acres), in accordance with the 
provisions of the Wilderness Act (16 U.S.C. 1131 et seq.). 
These six wilderness areas lie within the Northern Basin and 
Range, an elevated plateau with mountains separated by canyons 
draining into the Pacific Ocean via the Snake and Columbia 
rivers. These provisions were derived in part from legislation 
introduced by Senator Crapo and developed based on the 
recommendations of the Owyhee Initiative, a collaborative 
stakeholder group. In April 2015, the BLM finalized the Owyhee 
Canyonlands Wilderness and Wild and Scenic Rivers Management 
Plan. This plan establishes the management framework for the 
BLM's management of these six Idaho wilderness areas.
    Under section 1503(b)(3) of OPLMA, livestock grazing in 
these six wilderness areas is ``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 101905.'' Since passage 
of OPLMA, however, the Owyhee Initiative and certain other 
stakeholders have expressed concerns with the BLM's 
implementation of OPLMA, specifically related to cross-country, 
motorized herding in wilderness areas, which the BLM has 
determined to be inconsistent with the Wilderness Act of 1964, 
OPLMA, and Appendix A of House Report 101-405.


                                s. 1167


    S. 1167 would modify the boundaries of the Pole Creek, 
Owyhee River, and North Fork Owyhee Wilderness Areas; authorize 
the use of motorized vehicles for livestock monitoring, 
herding, and gathering in six wilderness areas in the State of 
Idaho; and require the Secretary of the Interior to submit a 
report describing livestock grazing management activities that 
were authorized in these six areas prior to their designation 
as wilderness in 2009.
Owyhee Wilderness Areas Boundary Modifications (Section 2)
    Section 2 of the bill would adjust the designated 
boundaries of the Pole Creek, Owyhee River, and North Fork 
Owyhee Wilderness Areas. The BLM supports some, but opposes 
other adjustments identified in this section, as described in 
detail below.
    Under Section 2, the Noon Creek Cherrystem of the North 
Fork Owyhee Wilderness Area would be extended an additional 
0.84 miles to the historically used corrals at Big Springs 
Camp. The BLM opposes this boundary modification because public 
motorized access to this site could result in negative impacts 
to wilderness characteristics and vandalism or damage to 
existing range improvements at the Big Springs Camp. The BLM 
currently has discretionary authority to allow motorized 
administrative access to this site for livestock grazing 
permittees.
    In addition, Section 2 of the bill would shift the 
northeastern boundary of the Owyhee River Wilderness from a 
section line to the existing Dickshooter Road, removing about 
one section of land from the wilderness area and opening about 
one mile of the road to motorized travel. While the proposed 
change may improve certain aspects of the manageability of the 
area, the BLM would like to work with the sponsor to assess 
whether the cherrystem to the Kincaid Reservoir is necessary. 
The BLM already has discretionary authority to allow motorized 
administrative access to the Kincaid Reservoir for livestock 
grazing permittees. We also encourage the sponsor and 
Subcommittee to consider balancing the removal of the protected 
status of this general area with possible new protections 
elsewhere in the Owyhee region in order to maintain the careful 
balance established in the original legislation.
    Section 2 of the bill also proposes one modification to the 
boundary of the Pole Creek Wilderness along the Mud Flat Road. 
The BLM supports this modification, which would allow for legal 
use of a historic and popular motorized vehicle pullout and car 
camping site from the wilderness, thereby allowing the BLM to 
concentrate vehicle use in an already disturbed area and 
reducing impacts to other areas with wilderness 
characteristics.
    Finally, the BLM has identified some minor technical errors 
in the maps referenced in this legislation and would like to 
provide the sponsor and Subcommittee with updated maps that 
reflect the latest data.
Use of Motorized Vehicles for Livestock Monitoring, Herding & Grazing 
        (Section 3)
    Section 3 of the bill would authorize the use of motorized 
vehicles for livestock monitoring, herding, and gathering in 
the six wilderness areas in the State of Idaho that were 
designated in OPLMA. While the BLM acknowledges the 
collaborative work of stakeholders in this region, the BLM 
opposes this section of the bill because the language 
undermines the longstanding definition and spirit of wilderness 
as established in the Wilderness Act of 1964.
Report on Livestock Grazing Management Activities (Section 4)
    Section 4 of the bill would require the Secretary of the 
Interior to submit a report to Congress describing all 
livestock grazing management activities that were authorized in 
the six wilderness areas in the State of Idaho designated by 
OPLMA. The BLM notes that an extensive list of wilderness range 
improvement projects and the operations associated with those 
facilities has already been developed as mandated by Congress 
in Section 1503(b)(3)(B) of OPLMA and this inventory was 
included as Appendix D of the 2015 Owyhee Canyonlands 
Wilderness and Wild and Scenic Rivers Management Plan. 
Therefore, the BLM recommends deleting this section of the 
bill.


                               conclusion


    Thank you again for the opportunity to testify on S. 1167, 
the Owyhee Wilderness Areas Boundary Modifications Act. While 
we appreciate the sponsor's work on this legislation, the 
Administration strongly opposes the bill as it is currently 
written. We look forward to working with the sponsor and the 
Subcommittee on these management issues.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]