[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.
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