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S. 3794 (109th): Owyhee Initiative Implementation Act of 2006

The text of the bill below is as of Aug 3, 2006 (Introduced).


II

109th CONGRESS

2d Session

S. 3794

IN THE SENATE OF THE UNITED STATES

August 3, 2006

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

A BILL

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

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Owyhee Initiative Implementation Act of 2006.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings; purpose.

Sec. 3. Definitions.

Sec. 4. General provisions.

TITLE I—Owyhee initiative agreement

Sec. 101. Implementation.

Sec. 102. Science review program.

Sec. 103. Conservation and research center program.

Sec. 104. Authorization of appropriations.

TITLE II—Wilderness and wild and scenic rivers

Sec. 201. Wilderness designation.

Sec. 202. Designation of wild and scenic rivers.

Sec. 203. Administration of wilderness and wild and scenic rivers.

Sec. 204. Land exchanges and acquisitions and grazing preferences.

Sec. 205. Authorization of appropriations.

TITLE III—Transportation and recreation management

Sec. 301. Transportation plans.

Sec. 302. Authority.

Sec. 303. Cooperative agreements.

Sec. 304. Authorization of appropriations.

TITLE IV—Cultural resources

Sec. 401. Findings.

Sec. 402. Implementation.

Sec. 403. Authorization of appropriations.

2.

Findings; purpose

(a)

Findings

Congress finds that—

(1)

the Owyhee-Bruneau Canyonlands Region is one of the most spectacular high deserts in the United States, unique in geology and rich in history;

(2)

the Shoshone Paiute Indian tribes have put forth claims to aboriginal rights in the Region;

(3)

since the 1860s, ranching has been an important part of the heritage, culture, and economy of the Region;

(4)

the Region has tremendous opportunities for outdoor recreation;

(5)

there has been longstanding conflict over management of the public land in the Region;

(6)

in 2001, the Owyhee County Board of Commissioners and the Tribes brought together a diverse group of interests, with the intent that the Tribes and the County, through government-to-government coordination, could mutually launch a process for achieving resolution of land use conflicts, protection of the landscape resource, protection of cultural resources, and economic stability; and

(7)

as a result of the process described in paragraph (6), the Owyhee Initiative Agreement, an agreement between a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, was formed to develop a natural resources project that promotes ecological and economic health within the County.

(b)

Purpose

The purpose of this Act is to provide for the implementation of the Owyhee Initiative Agreement to—

(1)

preserve the natural processes that create and maintain a functioning, unfragmented landscape that supports and sustains a flourishing community of human, plant, and animal life;

(2)

provide for economic stability by preserving livestock grazing as an economically viable use; and

(3)

provide for the protection of cultural resources.

3.

Definitions

In this Act:

(1)

Board

The term Board means the Board of Directors of the Owyhee Initiative Project.

(2)

Bureau

The term Bureau means the Bureau of Land Management.

(3)

County

The term County means Owyhee County, Idaho.

(4)

Ordinary high water mark

The term ordinary high water mark shall have such meaning as is given the term by the legislature of the State.

(5)

Owyhee Front

The term Owyhee Front means that area of the County from Jump Creek on the west to Mud Flat Road on the east and draining north from the crest of the Silver City Range to the Snake River.

(6)

Owyhee Initiative Agreement

The term Owyhee Initiative Agreement means the agreement that provides for the implementation of a project for the promotion of ecological and economic health within the County entered into by a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, entitled Owyhee Initiative Agreement, as amended on May 10, 2006.

(7)

Plan

The term Plan means the Shoshone Paiute Tribal Cultural Resource Protection Plan approved by the Tribes.

(8)

Secretary

The term Secretary means the Secretary of the Interior.

(9)

State

The term State means the State of Idaho.

(10)

Tribes

The term Tribes means the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation.

4.

General provisions

(a)

No precedence

Nothing in this Act establishes a precedent with regard to any future legislation.

(b)

Native American recognition and uses

Nothing in this Act diminishes or otherwise affects—

(1)

the trust responsibility of the United States to Indian tribes and Indian individuals;

(2)

the government-to-government relationship between the United States and federally recognized Indian tribes;

(3)

the rights of any Indian tribe, including rights of access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities; or

(4)

the sovereignty of any Indian tribe.

I

Owyhee initiative agreement

101.

Implementation

(a)

In general

The Secretary shall coordinate with the Board and the County in implementing this Act in accordance with applicable laws and regulations.

(b)

Effect on public participation

Nothing in this Act diminishes or otherwise affects any applicable law or regulation relating to public participation.

102.

Science review program

(a)

In general

The Secretary shall coordinate with the Board in the conduct of the science review process as described in the Owyhee Initiative Agreement.

(b)

Management actions

Notwithstanding the review process under this section, the Secretary shall proceed with management actions in a timely manner in accordance with applicable laws (including regulations).

103.

Conservation and research center program

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

104.

Authorization of appropriations

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

II

Wilderness and wild and scenic rivers

201.

Wilderness designation

(a)

In general

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:

(1)

Big Jacks Creek Wilderness

Certain land comprising approximately 51,624 acres, as generally depicted on the map entitled Big Jacks Creek Wilderness and dated September 1, 2006, which shall be known as the Big Jacks Creek Wilderness.

(2)

Bruneau-Jarbidge Rivers wilderness

Certain land comprising approximately 91,328 acres, as generally depicted on the map entitled Bruneau-Jarbidge Rivers Wilderness and dated September 1, 2006, which shall be known as the Bruneau-Jarbidge Rivers Wilderness.

(3)

Little Jacks Creek wilderness

Certain land comprising approximately 49,647 acres, as generally depicted on the map entitled Little Jacks Creek Wilderness and dated September 1, 2006, which shall be known as the Little Jacks Creek Wilderness.

(4)

North Fork Owyhee wilderness

Certain land comprising approximately 43,113 acres, as generally depicted on the map entitled North Fork Owyhee Wilderness and dated September 1, 2006, which shall be known as the North Fork Owyhee Wilderness.

(5)

Owyhee River wilderness

Certain land comprising approximately 269,016 acres, as generally depicted on the map entitled Owyhee River Wilderness and dated September 1, 2006, which shall be known as the Owyhee River Wilderness.

(6)

Pole Creek wilderness

Certain land comprising approximately 12,468 acres, as generally depicted on the map entitled Pole Creek Wilderness and dated September 1, 2006, which shall be known as the Pole Creek Wilderness.

(b)

Release of wilderness study areas

(1)

Finding

Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau in the following areas has been adequately studied for wilderness designation:

(A)

The Sheep Creek East Wilderness Study Area.

(B)

The Sheep Creek West Wilderness Study Area.

(C)

The Squaw Creek Canyon Wilderness Study Area.

(D)

The West Fork Red Canyon Wilderness Study Area.

(E)

The Upper Deep Creek Wilderness Study Area.

(F)

The Big Willow Springs Wilderness Study Area.

(G)

The Middle Fork Owyhee River Wilderness Study Area.

(H)

Any portion of the wilderness study areas—

(i)

not designated as wilderness by subsection (a); and

(ii)

designated for release on the map dated September 1, 2006.

(2)

Release

Any public land described in paragraph (1) that is not designated as wilderness by this subsection—

(A)

is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

(B)

shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712).

(c)

Maps and legal descriptions

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a map and legal description for each area designated as wilderness by this Act.

(2)

Effect

Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in such a map or legal description.

(3)

Availability of maps

The maps submitted under paragraph (1) shall be available for public inspection in—

(A)

the offices of the Idaho State Director of the Bureau; and

(B)

the offices of the Boise and Twin Falls Districts of the Bureau.

202.

Designation of wild and scenic rivers

(a)

Statement of intent

The intent of wild, scenic, and recreational river designations under this subsection is to resolve the wild, scenic, and recreational river status of the segments within the County, as depicted on the maps submitted under section 201(c).

(b)

Designation

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—

(1)

by redesignating the last paragraph (relating to the White Salmon River, Washington) as paragraph (167); and

(2)

by adding at the end the following:

(168)

Battle Creek, Idaho

The 23.4 miles of Battle Creek in the State of Idaho from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.

(169)

Big Jacks Creek, Idaho

The 35.0 miles of Big Jacks Creek in the State of Idaho from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW1/4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a wild river.

(170)

Bruneau River, Idaho

(A)

In general

Except as provided in subparagraph (B), the 39.3-mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of the Bruneau River and the Jarbidge River, to be administered by the Secretary of the Interior as a wild river.

(B)

Exception

Notwithstanding subparagraph (A), the .6-mile segment of the Bruneau River at the Indian Hot Springs public road access shall be administered by the Secretary of the Interior as a recreational river.

(171)

West fork of the Bruneau River, Idaho

The 6.2 miles of the West Fork of the Bruneau River in the State of Idaho from the confluence with the Jarbidge River to the upstream Bruneau-Jarbidge Rivers Wilderness border, to be administered by the Secretary of the Interior as a wild river.

(172)

Camas Creek, Idaho

The 3.0 miles of Camas Creek in the State of Idaho from the confluence with Pole Creek to the east boundary of sec. 26, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.

(173)

Cottonwood Creek, Idaho

The 2.6 miles of Cottonwood Creek in the State of Idaho from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.

(174)

Deep Creek, Idaho

The following segments of Deep Creek in the State of Idaho, to be administered by the Secretary of the Interior:

(A)

The 13.1-mile segment of Deep Creek from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, Idaho, as a wild river.

(B)

The 26.4-mile segment of Deep Creek from the boundary of Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, Idaho, to the upstream crossing of Mud Flat Road, as a scenic river.

(175)

Dickshooter Creek, Idaho

The 11.0 miles of Dickshooter Creek in the State of Idaho from the confluence with Deep Creek to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.

(176)

Duncan Creek, Idaho

The following segments of Duncan Creek in the State of Idaho, to be administered by the Secretary of the Interior:

(A)

The 5.2-mile segment of Duncan Creek from the eastern boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, Idaho, upstream to the NW1/4 of sec. 1, T. 11 S., R. 3 E., Boise Meridian, Idaho, as a scenic river.

(B)

The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the beginning of the Duncan Creek Scenic River segment, as a wild river.

(177)

Jarbidge River, Idaho

The 28.8 miles of the Jarbidge River in the State of Idaho from the confluence with the West Fork Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.

(178)

Little Jacks Creek, Idaho

The 13.2 miles of Little Jacks Creek in the State of Idaho from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the NW1/4 of sec. 27, T. 9 S., R. 2 E., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a wild river.

(179)

Little Owyhee, Idaho

The 11.0 miles of the Little Owyhee in the State of Idaho from the confluence with the South Fork of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.

(180)

North fork of the Owyhee River, Idaho

The following segments of the North Fork of the Owyhee River in the State of Idaho, to be administered by the Secretary of the Interior:

(A)

The 5.7-mile segment of the North Fork of the Owyhee River from the Idaho-Oregon State border to the Wild River segment of the North Fork of the Owyhee River, as a recreational river.

(B)

The 15.1-mile segment of the North Fork of the Owyhee River from the western/downstream boundary of the North Fork Owyhee River Wilderness to the northern/upstream boundary of the North Fork Owyhee River Wilderness, as a wild river.

(181)

Ox Prong, Idaho

The 1.3 miles of the Ox Prong in the State of Idaho from the confluence with Little Jacks Creek to the upstream boundary of the Little Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.

(182)

Owyhee River, Idaho

The 67.3 miles of the Owyhee River in the State of Idaho from the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river, subject to the conditions that—

(A)

motorized access shall be permitted at Crutchers Crossing; and

(B)

any crossing shall remain unconstructed.

(183)

Pole Creek, Idaho

The 14.3 miles of Pole Creek in the State of Idaho from the confluence with Deep Creek upstream to the south boundary of sec. 16, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.

(184)

Red Canyon, Idaho

The 4.6 miles of Red Canyon in the State of Idaho from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.

(185)

Sheep Creek, Idaho

The 25.6 miles of Sheep Creek in the State of Idaho from the confluence with the Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.

(186)

South fork of the Owyhee River, Idaho

(A)

In general

Except as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho-Nevada State border shall be administered by the Secretary of the Interior as a wild river.

(B)

Exception

Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River across the private lands in secs. 25 and 36, T. 14 S., R. 5 W., Boise Meridian, Idaho, shall be administered by the Secretary of the Interior as a recreational river.

(187)

Wickahoney, Idaho

The 1.5 miles of Wickahoney Creek in the State of Idaho from the confluence of Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.

.

(c)

Extent of boundaries

Notwithstanding section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the wild and scenic river corridor for a river designated as a wild and scenic river by any of paragraphs (168) through (187) of section 3(a) of that Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be the ordinary high water mark.

(d)

Maps and legal descriptions

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the map and legal description of each segment of a river designated as a wild and scenic river under this section or an amendment made by this section.

(2)

Effect

Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions.

(3)

Availability of maps

The maps submitted under paragraph (1) shall be available for public inspection in—

(A)

the offices of the Idaho State Director of the Bureau; and

(B)

the offices of the Boise and Twin Falls districts of the Bureau.

(e)

Water rights

Water Rights relating to a segment of a river designated as a wild and scenic river under any of paragraphs (168) through (187) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be reserved in accordance with—

(1)

the provisions of that Act (16 U.S.C. 1271 et seq.);

(2)

the laws and regulations of the State; and

(3)

the Owyhee Initiative Agreement.

203.

Administration of wilderness and wild and scenic rivers

(a)

Management

Subject to valid existing rights, each area designated as wilderness by section 201 shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1)

any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and

(2)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior with respect to land administered by the Secretary of the Interior.

(b)

Inventory

In accordance with the Owyhee Initiative Agreement, not later than 1 year after the date on which a wilderness is designated under section 201, the Bureau shall conduct an inventory of wilderness grazing management facilities and activities in the wilderness.

(c)

Livestock

In the wilderness areas designated by section 201 that are administered by the Bureau, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101–405.

(d)

Recreational saddle and pack stock

Nothing in this Act precludes horseback riding or the use of recreational saddle or pack stock in any wilderness designated by section 201.

(e)

Outfitting and guiding activities

(1)

In general.—Consistent with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)) and subject to any regulations that the Secretary determines to be necessary, the Secretary shall permit the continuation of outfitting and guiding activities in any wilderness designated by section 201.

(2)

Effect of designation.—Designation of an area as wilderness areas under section 201 shall not require the Secretary to limit the conduct of outfitting activities or the use of the system of reserved camps and allocated river launches designated for use by members of the public that use outfitter services that are in existence before the date of enactment of this Act.

(f)

Access to non-Federal land

Nothing in this Act denies an owner of non-Federal land the right to access the land.

(g)

Roads adjacent to wilderness

With respect to any road adjacent to a wilderness designated by section 201 (as depicted on the applicable map), the boundary of the wilderness shall be—

(1)

100 feet from the center line for a primary road;

(2)

50 feet from the center line for a primitive wilderness boundary road; and

(3)

30 feet on either side of the center line for an interior wilderness division or cherrystem road.

(h)

Wildlife management

(1)

In general

In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping in any wilderness designated by section 201.

(2)

Management activities

(A)

In general

In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats necessary to support such populations may be carried out in any wilderness designated by section 201, if the management activities are—

(i)

consistent with relevant wilderness management plans; and

(ii)

conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405.

(B)

Inclusions

Management activities under subparagraph (A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish the promotion of such outcomes.

(3)

Existing activities

Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as those established in Appendix B of House Report 101–405, the State may continue to use aircraft (including helicopters) in the wilderness areas designated by section 201 to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep and feral stock, horses, and burros.

(i)

Wildfire management

Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) to manage wildfires in any wilderness designated by section 201.

(j)

Incorporation of acquired land and interests

Any land or interest within the perimeter of, or adjacent to, an area designated as a wilderness by section 201 or any land or interest described in section 204 that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness within which the acquired land or interest is located.

(k)

Adjacent management

(1)

In general

The designation of a wilderness by section 201 shall not create any protective perimeters or buffer zones around the wilderness.

(2)

Nonwilderness activities

The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness or wild and scenic river designated under this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness or wild and scenic river.

(l)

Military overflights

Nothing in this section restricts or precludes—

(1)

low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the areas designated as a wilderness by section 201, including military overflights that can be seen or heard within the wilderness or wild and scenic river areas;

(2)

flight testing and evaluation;

(3)

the designation or creation of new units of special use airspace, the expansion of units of special use airspace in existence on the date of enactment of this Act, or the use or establishment of military flight training routes over the wilderness or wild and scenic river areas; or

(4)

emergency access and response.

(m)

Water rights

In accordance with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)), nothing in this Act provides an express or implied claim or denial of the Federal Government with respect to any exemption from water laws of the State.

204.

Land exchanges and acquisitions and grazing preferences

(a)

Exchanges and acquisitions

(1)

Findings

Congress finds that—

(A)

the consolidation of land ownership would facilitate sound and efficient management for public and private land and serve important public objectives, including—

(i)

the enhancement of public access, aesthetics, and recreational opportunities within and adjacent to designated wilderness and wild and scenic river areas; and

(ii)

the protection and enhancement of wildlife habitat, including sensitive species;

(B)

time is of the essence in completing appropriate land exchanges because further delays may force landowners to construct roads in, develop, or sell private land inholdings, and diminish the public values for which the private land is to be acquired; and

(C)

it is in the public interest to complete the land exchanges at the earliest practicable date so that the land acquired by the United States can be preserved for protection of wilderness character, wildlife habitat, and permanent public use and enjoyment.

(2)

Authorization

The Secretary may acquire, by purchase or other exchange, any land or interest offered by an owner under paragraph (3), subject to the conditions described in paragraph (4).

(3)

Offers to convey

(A)

In general

An owner of land or an interest identified under the document entitled Land Exchanges and Acquisitions and dated September 1, 2006, may offer to convey the land or interest to the Secretary by purchase or exchange if the owner has submitted to the Secretary, on or before the date of enactment of this Act—

(i)

a written notice of the intent to exchange or sell the land or interest;

(ii)

an identification of each parcel of land and each interest to be exchanged or sold;

(iii)

a description of the value of each parcel of land and each interest as described in that document; and

(iv)

in the case of an exchange, a description of the Federal land sought for the exchange.

(B)

Conveyance by sale

(i)

In general

Subject to the availability of funds, the Secretary shall acquire any land or interests offered for purchase under subparagraph (A) as soon as practicable after the date of enactment of this Act.

(ii)

Election to receive cash

If an owner makes an election under subparagraph (C)(iii)(II), the Secretary shall acquire by sale the land or interest of the owner as soon as practicable after the date on which the Secretary receives a notice of the election of the owner.

(C)

Conveyance by direct exchange

(i)

In general

On the election of an owner that has submitted an appropriate notice under subparagraph (A)(i), the Secretary may acquire land or property interests identified as eligible for exchange in the document entitled Land Exchanges and Acquisitions and dated September 1, 2006, in exchange for Federal land that is—

(I)

of equal value to the land or property interests, as determined by appraisals of the applicable Federal land, with or without development rights;

(II)

located in the County; and

(III)

described in the document referred to in subparagraph (A).

(ii)

Action by Secretary

Not later than 60 days after the date on which the appraisals of applicable land are completed, the Secretary shall offer to enter into an exchange under this subparagraph with each appropriate owner of land or a property interest offered for exchange under subparagraph (A).

(iii)

Decisions by owners

Not later than 60 days after the date on which the appraisals of applicable land are completed, an owner of land or a property interest subject to an exchange under this subparagraph may elect—

(I)

to waive any applicable development right relating to the Federal land to be exchanged, subject to the adjustment of the exchange to achieve like values;

(II)

to receive cash in lieu of Federal land for all or any portion of the land or property interest to be exchanged; or

(III)

to withdraw from participation in any exchange program.

(iv)

Applicability of other law

Except as otherwise provided in this section, each exchange of Federal land under this section shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management.

(D)

Facilitated land exchanges

(i)

In general

Not later than 30 days after the date of enactment of this Act, the Secretary shall offer to enter into a facilitated land exchange in accordance with subparagraph (A) and conducted through a land exchange facilitator to be designated by the Board.

(ii)

Exchange offer

(I)

In general

Not later than 60 days after the date on which the appraisals of applicable land are completed, the land exchange facilitator shall submit to the Secretary an offer to exchange private land for Federal land in the County.

(II)

Requirement

An offer to exchange under subclause (I) shall demonstrate that the appraised value of the private land is equal or approximately equal to the appraised value, with or without development rights, of the Federal land offered for exchange.

(4)

Conditions

(A)

Title

Title to any private land conveyed under this subsection shall—

(i)

be acceptable to the Secretary; and

(ii)

conform with title approval standards applicable to Federal land acquisitions.

(B)

Valid existing rights

Conveyances under this subsection shall be subject to valid existing rights of record.

(5)

Effect of subsection

Nothing in this subsection—

(A)

creates any compensable property right or title with respect to grazing preferences; or

(B)

affects any public access route on Federal land exchanged under this subsection.

(b)

Grazing preferences

(1)

In general

A holder of a valid grazing preference with respect to all or a portion of any Federal land designated by this Act as a wilderness may voluntarily offer to the Secretary for sale or donation all or any portion of the grazing preference.

(2)

Notice

To offer a grazing preference for sale or donation under paragraph (1), the holder of the grazing preference shall submit to the Secretary a written notice of the intent of the holder, including—

(A)

a description of the Federal land to which the grazing preference applies; and

(B)

the date on which the holder will relinquish use of the grazing preference, which shall be not later than 1 year after the date on which the notice is submitted.

(3)

Consideration

The Secretary shall provide to a holder that offers a grazing preference for sale under paragraph (1) consideration in accordance with the schedule of payments described in the document described in subsection (a)(3)(A).

(4)

Cancellation and retirement of livestock grazing

Beginning on the date identified under paragraph (2)(B)—

(A)

the applicable grazing preference shall be canceled; and

(B)

the associated livestock grazing shall be permanently retired.

(5)

Fencing

The Secretary shall install and maintain any fencing and other structures required to prevent grazing use of any Federal land on which a grazing preference has been voluntarily sold or donated under this subsection.

205.

Authorization of appropriations

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

III

Transportation and recreation management

301.

Transportation plans

(a)

In general

The Bureau shall develop and implement transportation plans for land managed by the Bureau outside of wilderness areas in the County.

(b)

Consultation and coordination

The transportation plans and cooperative agreements shall be developed in consultation and coordination with appropriate Federal Government entities, tribal government entities, and State and local government entities consistent with—

(1)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(2)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(3)

any other applicable laws.

(c)

Inclusions

The Bureau shall ensure that all areas of the County managed by the Bureau, including areas that are remote and rarely used for motorized recreation, are included and in transportation plans developed under subsection (a) to—

(1)

provide for management of anticipated growth in recreational use of the land; and

(2)

develop a system to provide a wide range of recreational opportunities and experiences for all users.

(d)

Limitation

Transportation plans under subsection (a) shall not affect the status of any road adjacent to any wilderness (as depicted on the applicable map).

(e)

System of routes

(1)

In general

Each transportation plan under subsection (a) shall—

(A)

establish a system of designated roads and trails;

(B)

include a multiple use recreational trail system, that provides a wide range of recreational opportunities and experiences for all users while protecting natural and cultural resources;

(C)

limit the use of motorized and mechanized vehicles to designated roads and trails;

(D)

address use of snow vehicles on roads, trails, and areas designated for such use;

(E)

be based on resource and route inventories;

(F)

include designation of routes and route systems that are open or closed; and

(G)

include provisions relating to, with respect to the applicable land—

(i)

trail construction and reconstruction;

(ii)

road and trail closure;

(iii)

seasonal closures or restrictions;

(iv)

restoration of disturbed areas;

(v)

monitoring;

(vi)

maintenance;

(vii)

maps;

(viii)

signs;

(ix)

education; and

(x)

enforcement.

(2)

Temporary limitation

(A)

In general

Except as provided in subparagraph (B), until the date on which the Bureau completes transportation planning, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails in existence on the day before the date of enactment of this Act.

(B)

Exceptions

(i)

In general

Subparagraph (A) shall not apply to areas specifically identified as open, closed, or limited under the Owyhee resource management plan.

(ii)

Hemmingway Butte area

Notwithstanding subparagraph (A), the Bureau may take into consideration maintaining the Hemmingway Butte area as open to cross-country travel.

(f)

Schedule

(1)

Owyhee front

Not later than 1 year after the date of enactment of this Act, the Bureau shall complete a transportation plan for the Owyhee Front.

(2)

Other Federal lands in the county

Not later than 3 years after the date of enactment of this Act, the Bureau shall complete a transportation plan for Federal land in the County outside the Owyhee Front.

302.

Authority

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

303.

Cooperative agreements

(a)

In general

As soon as practicable, after the date of enactment of this Act, the Bureau shall offer to enter into cooperative agreements with the County—

(1)

to establish a cooperative search and rescue program; and

(2)

to implement and enforce the transportation plans described in this section.

(b)

Authorization of appropriations

There are authorized to be appropriated to the Bureau such sums as are necessary—

(1)

to carry out search and rescue operations in the County; and

(2)

to develop, implement, and enforce off-highway motor vehicle transportation plans under this section.

304.

Authorization of appropriations

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

IV

Cultural resources

401.

Findings

Congress finds that—

(1)

the County is rich in history and culture going back thousands of years;

(2)

the cultural and historical resources important to the people and ancestors of the Tribes must be protected against abuse and desecration, whether intentional or unintentional;

(3)

there are opportunities—

(A)

to increase knowledge of cultural resources;

(B)

to monitor influences from outside forces; and

(C)

to improve the inspection and supervision of major cultural sites;

(4)

inventory and monitoring programs that identify and document cultural sites and the condition of those sites over time would—

(A)

assist in ensuring the preservation of the sites; and

(B)

help to focus resources—

(i)

to ensure compliance with prohibitions against destruction and or removal of cultural items; and

(ii)

to prevent inadvertent negative impacts;

(5)

the Owyhee Initiative Agreement will—

(A)

support a broad range of measures to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes; and

(B)

provide for the implementation of the Plan; and

(6)

the implementation of the Plan should—

(A)

be consistent with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and

(B)

recognize that—

(i)

the right of Indians to self-government results from the inherent sovereignty of Indian tribes; and

(ii)

the United States—

(I)

has a special and unique legal and political relationship with federally recognized Indian tribes; and

(II)

is obligated to develop a government-to-government relationship with Indian tribes under the Constitution, treaties, Federal law, and the course of dealings with Indian tribes.

402.

Implementation

The Tribes shall implement the Plan.

403.

Authorization of appropriations

There are authorized to be appropriated to the Tribes to carry out this title—

(1)

$900,000 for fiscal year 2007; and

(2)

$900,000 for each of fiscal years 2008 through 2011.