Text: H.R.2141 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 725
102d CONGRESS
2d Session
H. R. 2141
AN ACT
To establish the Snake River Birds of Prey National Conservation Area in
the State of Idaho, and for other purpoes.
September 24 (legislative day, SEPTEMBER 23), 1992
Reported with an amendment
HR 2141 RS
Calendar No. 725
102d CONGRESS
2d Session
 H. R. 2141
IN THE SENATE OF THE UNITED STATES
NOVEMBER 25 (legislative day, NOVEMBER 23), 1991
Received
NOVEMBER 27 (legislative day, NOVEMBER 23), 1991
Read twice and referred to the Committee on Energy and Natural Resources
SEPTEMBER 24 (legislative day, SEPTEMBER 23), 1992
Reported by Mr. JOHNSTON, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
AN ACT
To establish the Snake River Birds of Prey National Conservation Area in
the State of Idaho, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
 [Struck out->] SECTION 1. FINDINGS. []   The Congress finds the following: []   (1) The public lands managed by the Bureau of Land Management
 in the State of Idaho within the Snake River Birds of Prey Area contain one
 of the densest known nesting populations of eagles, falcons, owls, hawks,
 and other birds of prey (raptors) in North America. []   (2) These public lands constitute a valuable national
 biological and educational resource since birds of prey are important
 components of the ecosystem and indicators of environmental quality,
 and contribute significantly to the quality of wildlife and human
 communities. []   (3) These public lands also contain important historic
 and cultural resources (including significant archeological resources)
 as well as other resources and values, all of which should be protected
 and appropriately managed. []   (4) A military training area within the Snake River Birds
 of Prey Area, known as the Orchard Training Area, has been used since 1953
 by reserve components of the Armed Forces. Military use of this area is
 currently governed by a Memorandum of Understanding between the Bureau of Land
 Management and the State of Idaho Military Division, dated May 1985. Operating
 under this Memorandum of Understanding, the Idaho National Guard has provided
 valuable assistance to the Bureau of Land Management with respect to fire
 control and other aspects of management of the Orchard Training Area and
 the other lands in the Snake River Birds of Prey Area. Military use of
 the lands within the Orchard Training Area should continue in accordance
 with such Memorandum of Understanding (or extension or renewal thereof),
 to the extent consistent with section 4(e) of this Act, because this would
 be in the best interest of training of the reserve components (an important
 aspect of national security) and of the local economy. []   (5) Continued management and protection of the area should
 be accomplished by the Secretary of the Interior, acting through the Bureau
 of Land Management, under a management regime that-- []   (A) emphasizes management, protection, and enhancement of
 raptor habitat and protection of the other resources and values of the area;
 []   (B) provides for continued military use, consistent with
 the requirements of section 4(e) of this Act, of the Orchard Training Area
 by reserve components of the Armed Forces; []   (C) addresses the need for public educational and
 interpretive opportunities; []   (D) allows for diverse appropriate uses of lands in the
 area to the extent compatible with the maintenance and enhancement of
 raptor populations and habitats and protection and sound management of
 other resources and values of the area; and []   (E) demonstrates management practices and techniques that
 may be useful to other areas of the public lands and elsewhere. []   (6) There is established near the conservation area a
 facility, the World Center for Birds of Prey operated by The Peregrine Fund,
 Inc., where research, public education, recovery, and re-establishment
 operations exist for endangered raptor species. There is also established
 at Boise State University a raptor study program which attracts national
 and international graduate and undergraduate students. []   (7) The Bureau of Land Management and Boise State University,
 together with other State, Federal, and private entities, have formed the
 Raptor Research and Technical Assistance Center to be housed at Boise State
 University, which provides a unique adjunct to the conservation area for
 raptor management, recovery, research, and public visitation, interpretation,
 and education. []   (8) Consistent with requirements of sections 202 and 302
 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712 and
 1732), the Secretary has developed a comprehensive management plan and,
 based on such plan, has implemented a management program for the public lands
 included in the conservation area established by this Act. []   (9) Additional authority and guidance must be provided
 to assure that essential raptor habitat remains in public ownership, to
 facilitate sound and effective planning and management, to provide for
 effective public interpretation and education, to ensure continued study
 of the relationship of humans and these raptors, to preserve the unique
 and irreplaceable habitat of the conservation area, and to conserve and
 properly manage the other natural resources of the area in concert with
 maintenance of this habitat. []   (10) An ongoing research program funded by the Bureau of
 Land Management and the National Guard is intended to provide information
 to be used in connection with future decisionmaking concerning management
 of all uses, including continued military use, of public lands within the
 Snake River Birds of Prey Area. []   (11) The public lands in the Snake River Birds of Prey Area
 have been used for domestic livestock grazing for more than a century, and
 there is reason to believe that appropriate protection and sound management
 of raptor habitat and the other resources and values of these lands would
 not preclude continuation of this use, subject to appropriate terms and
 conditions. [] SEC. 2. DEFINITIONS. []   As used in this Act: []   (1) The term `Secretary' means the Secretary of the
 Interior. []   (2) The term `conservation area' means the Snake River Birds
 of Prey National Conservation Area established by section 3. []   (3) The term `raptor' or `raptors' means individuals
 or populations of eagles, falcons, owls, hawks, and other birds of
 prey. []   (4) The term `raptor habitat' includes the habitat of the
 raptor prey base within the conservation area as well as the nesting and
 hunting habitat of raptors. []   (5) The term `Memorandum of Understanding' means the
 Memorandum of Understanding #ID-237, dated May 1985, between the State of
 Idaho Military Division and the Bureau of Land Management. []   (6) The term `Orchard Training Area' means that area
 generally so depicted on the map referred to in section 3(b), and as
 described in the Memorandum of Understanding. []   (7) The term `Impact Area' means that area which was used
 for the firing of live artillery projectiles and is used for live fire ranges
 of all types and, therefore, poses a danger to public safety and which is
 generally so depicted on the map referred to in section 3(b). []   (8) The term `Artillery Impact Area' means that area within
 the Impact Area into which live artillery projectiles are fired, which is
 generally described as that area labeled as such on  the map referred to
 in section 3(b). []   (9) The term `the plan' means the comprehensive management
 plan developed for the conservation area, dated August 30, 1985, together
 with such revisions thereto as may be required in order to implement this
 Act. [] SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA. []   (a) PURPOSES AND ESTABLISHMENT- In order to provide for the
 conservation, protection, and enhancement of raptor populations and habitats,
 and the natural and environmental resources and values associated therewith,
 and of the scientific, cultural, and educational resources and values of
 the public lands in the conservation area, there is hereby established the
 Snake River Birds of Prey National Conservation Area. []   (b) AREA INCLUDED- The conservation area shall consist
 of approximately 482,457 acres of federally owned lands and interests
 therein managed by the Bureau of Land Management as generally depicted on
 the map entitled `Snake River Birds of Prey National Conservation Area',
 dated November 1991. []   (c) MAP AND LEGAL DESCRIPTION- As soon as is practicable
 after enactment of this Act, the map referred to in subsection (b) and a legal
 description of the conservation area shall be filed by the Secretary with the
 Committee on Interior and Insular Affairs of the House of Representatives
 and the Committee on Energy and Natural Resources of the Senate. Each such
 map shall have the same force and effect as if included in this Act; except
 that the Secretary may correct clerical and typographical errors in such map
 and legal description. Such map shall be on file and available for public
 inspection in the office of the Director and the Idaho State Director of the
 Bureau of Land Management of the Department of the Interior. []   (d) WITHDRAWALS- (1) Subject to valid existing rights,
 the Federal lands within the conservation area are hereby withdrawn from all
 forms of entry, appropriation, or disposal (except as provided in paragraph
 (3)) under the public land laws; and from entry, application, and selection
 under the Act of March 3, 1877 (Ch. 107, 19 Stat. 377, 43 U.S.C. 321 et seq.;
 commonly referred to as the `Desert Lands Act'), section 4 of the Act of
 August 18, 1894 (Ch. 301, 28 Stat. 422; 43 U.S.C. 641; commonly referred
 to as the `Carey Act'), the Act of July 3, 1890 (Ch. 656, 26 Stat. 215;
 commonly referred to as the `State of Idaho Admissions Act'), section 2275
 of the Revised Statutes, as amended (43 U.S.C. 851), and section 2276 of the
 Revised Statutes, as amended (43 U.S.C. 852). The Secretary shall return
 to the applicants any such applications pending on the date of enactment
 of this Act, without further action. []   (2) Subject to valid existing rights, the Federal lands
 within the conservation area are hereby withdrawn from location, entry,
 and patent under the mining laws of the United States and from operation
 of the mineral and geothermal leasing laws. []   (3) If the Secretary determines that it would further
 the purposes for which the conservation area is established, the Secretary,
 pursuant to section 206 of the Federal Land Policy and Management Act of 1976,
 may exchange public lands either within or outside the boundaries of the
 conservation area for non-Federal lands within such boundaries. [] SEC. 4. MANAGEMENT AND USE. []   (a) IN GENERAL- (1)(A) As soon as possible after the date
 of enactment of this Act, the Secretary shall make such revisions in the
 plan as required in order to implement this Act. []   (B) Thereafter, the Secretary shall review the plan at least
 once every four years and shall make such revisions as may be necessary or
 appropriate. []   (C) In reviewing and revising the plan, the Secretary
 shall provide for appropriate public participation. []   (2) Except as otherwise specifically provided in subsections
 (d), (e), and (f) of this section, the Secretary shall allow only such uses
 of lands in the conservation area as the Secretary determines will further
 the purposes for which the conservation area is established. []   (b) MANAGEMENT GUIDANCE- After each review pursuant to
 subsection (a), the Secretary shall make such revisions as may be needed
 so that the plan and management program to implement the plan include, in
 addition to any other necessary or appropriate provisions, provisions for--
 []   (1) protection for the raptor populations and habitats and
 the natural and environmental resources and values associated therewith,
 and for the scientific, cultural, and educational resources and values of
 the public lands in the conservation area; []   (2) identifying levels of continued military use of the
 Orchard Training Area compatible with paragraph (1) of this subsection;
 []   (3) interpretive and educational opportunities for the
 public; []   (4) a program for continued scientific investigation and
 study to provide information to support sound management in accordance
 with this Act, to advance knowledge of raptor species and the resources and
 values of the conservation area, and to provide a process of transferring to
 other areas of the public lands and elsewhere this knowledge and management
 experience; []   (5) such vegetative enhancement and other measures as may
 be necessary to enhance prey habitat; []   (6) the identification of levels, types, timing, and
 terms and conditions for the allowable nonmilitary uses of lands within the
 conservation area that will be consistent with the protection, maintenance,
 and enhancement of raptor populations and habitats and the other purposes
 for which the conservation area is established; and []   (7)  assessing the desirability of imposing appropriates
 fees for public uses (including but not limited to, recreational use)
 of lands in the conservation area, in addition to any uses for which fees
 are currently imposed, to be used to further the purposes for which the
 conservation area is established. []   (c) VISITORS CENTER- The Secretary, acting through the
 Director of the Bureau of Land Management, is authorized to establish,
 in cooperation with other public or private entities as the Secretary may
 deem appropriate, a visitors center designed to interpret the history and
 the geological, ecological, natural, cultural, and other resources of the
 conservation area as well as the management of the conservation area and
 the biology of the raptors and their relationships to man. []   (d) VISITORS USE OF AREA- The Secretary may provide for
 visitor use of the public lands in the conservation area to such extent and
 in such manner as the Secretary considers consistent with the protection of
 raptors and raptor habitat, public safety, and the purposes for which the
 conservation area is established. To the extent practicable, the Secretary
 shall make available to visitors and other members of the public a map of
 the conservation area and such other educational and interpretive materials
 as may be appropriate. []   (e) NATIONAL GUARD USE OF THE AREA- (1) Pending completion
 of the ongoing research concerning military use of lands in the conservation
 area, or until the date five years after the date of enactment of this
 Act, whichever is the shorter period, the Secretary shall permit continued
 military use of those portions of the conservation area known as the Orchard
 Training Area in accordance with the Memorandum of Understanding, to the
 extent consistent with the use levels identified pursuant to subsection
 (b)(2) of this section. []   (2) Upon completion of the ongoing research concerning
 military use of lands in the conservation area, the Secretary shall review
 the management plan and make such additional revisions therein as may be
 required to assure that it meets the requirements of this Act. []   (3) Upon completion of the ongoing research concerning
 military use of lands in the conservation area, the Secretary shall
 submit to the Committees on Interior and Insular Affairs and Merchant
 Marine and Fisheries of the House of Representatives and the Committee on
 Energy and Natural Resources of the Senate a report of the results of such
 research. []   (4) Nothing in this Act shall preclude minor adjustment of
 the boundaries of the Orchard Training Area in accordance with provisions
 of the Memorandum of Understanding. []   (5) After completion of the ongoing research concerning
 military use of lands in the Orchard Training Area or after the date five
 years after the date of enactment of this Act, whichever first occurs,
 the Secretary may continue to permit military use of such lands, but only
 to the extent the Secretary, on the basis of such research determines such
 use is compatible with the purposes set forth in section 3(a). Any such
 use thereafter shall be permitted only in accordance with the Memorandum
 of Understanding and the requirements of subsection (b)(2) of this
 section. []   (6) The Secretary shall require that military units involved
 maintain a program of decontamination in accordance with the Memorandum of
 Understanding. []   (7) Nothing in this Act shall be construed as by itself
 precluding the extension or renewal of the Memorandum of Understanding, or
 the construction of any improvements or buildings in the Orchard Training
 Area so long as the requirements of this subsection are met. []   (f) LIVESTOCK GRAZING- The Secretary may permit continued
 use of lands in the conservation area for domestic livestock grazing in
 accordance with the Act of June 28, 1934 (43 U.S.C. 315 et seq.; commonly
 referred to as the `Taylor Grazing Act'), section 402 of the Federal
 Land Policy and Management Act of 1976 (43 U.S.C. 1752), and other laws
 applicable to such use of the public lands, but only to the extent that
 the Secretary determines such use is compatible with the purposes for which
 the conservation area is established. []   (g) COOPERATIVE AGREEMENTS- The Secretary is authorized
 to provide technical assistance to, and to enter into such cooperative
 agreements and contracts with, the State of Idaho and with local governments
 and private entities as the Secretary deems necessary or desirable to carry
 out the purposes and policies of this Act. [] SEC. 5. ADDITIONS. []   (a) ACQUISITIONS- (1) The Secretary is authorized to acquire
 lands and interests therein within the boundaries of the conservation area by
 donation, purchase with donated or appropriated funds, exchange, or transfer
 from another Federal agency, except that such lands or interests owned by
 the State of Idaho or a political subdivision thereof may be acquired only
 by donation or exchange. []   (2) Any lands located within the boundaries of the
 conservation area that are acquired by the United States on or after the
 date of enactment of this Act shall become a part of the conservation area
 and shall be subject to this Act. []   (b) PURCHASE OF LANDS- In addition to the authority
 in section 318(d) of the Federal Land Policy and Management Act of 1976
 (43 U.S.C. 1748) and notwithstanding section 7(a) of the Land and Water
 Conservation Fund Act of 1964 (16 U.S.C. 4601-9(a)), monies appropriated
 from the Land and Water Conservation Fund may be used as authorized in
 section 5(b) of the Endangered Species Act of 1973 (16 U.S.C. 1534(b)),
 for the purposes of acquiring lands, waters, or interests therein within
 the conservation area for administration as public lands as a part of the
 conservation area. []   (c) STUDY- The Secretary shall evaluate the desirability
 of adding to the conservation area public lands adjacent to the area, and
 shall report to the Congress concerning the results of such study at the
 same time a report is submitted pursuant to section 4(e)(3). [] SEC. 6. OTHER LAWS AND ADMINISTRATIVE PROVISIONS. []   (a) OTHER LAWS- (1) Nothing in this Act shall be construed
 to supersede, limit, or otherwise affect administration and enforcement of
 the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or to limit
 the applicability of the National Trails System Act to any lands within
 the conservation area. []   (2) Except as otherwise specifically provided in this Act,
 nothing in this Act shall be construed as limiting the applicability to
 lands in the conservation area of laws applicable to public lands generally,
 including but not limited to the National Historic Preservation Act, the
 Archaeological Resources Protection Act of 1979, or the Native American
 Graves Protection and Repatriation Act. []   (3) Nothing in this Act shall be construed as by itself
 altering the status of any lands that on the date of enactment of this Act
 were not managed by the Bureau of Land Management. []   (4) Nothing in this Act shall be construed as prohibiting
 the Secretary from engaging qualified persons to use public lands within
 the conservation area for the propagation of plants (including seeds) to
 be used for vegetative enhancement of the conservation area in accordance
 with the plan and in furtherance of the purposes for which the conservation
 area is established. []   (b) RELEASE- The Congress finds and directs that the public
 lands within the Snake River Birds of Prey Natural Area established as a
 natural area in October 1971 by Public Land Order 5133 have been adequately
 studied and found unsuitable for wilderness designation pursuant to section
 603 of the Federal Land Policy and Management Act of 1976. Such lands are
 hereby released from further management pursuant to section 603(c) of such
 Act and shall be managed in accordance with other applicable provisions of
 law, including this Act. []   (c) EXISTING ADMINISTRATIVE WITHDRAWAL TERMINATED- Public
 Land Orders 5133 dated October 12, 1971, and 5777 dated November 21, 1980,
 issued by the Secretary are hereby terminated. []   (d) WATER- (1) The Congress finds that the United States
 is currently a party in an adjudication of rights to waters of the Snake
 River, including water rights claimed by the United States on the basis of
 the reservation of lands for purposes of conservation of fish and wildlife,
 and that consequently there is no need for this Act to effect a reservation
 by the United States of rights with respect to such waters in order to fulfill
 the purposes for which the conservation area is established. []   (2) The Secretary and all other officers of the United
 States shall take all steps necessary to protect all water rights claimed
 by the United States in the Snake River adjudication now pending in the
 district court of the State of Idaho in which the United States is joined
 under the McCarran Amendment (section 208 of the Act of July 10, 1952;
 66 Stat. 560; 43 U.S.C. 666). []   (3) Nothing in this Act shall be construed as effecting a
 relinquishment or reduction of any of the water rights held or claimed by
 the United States within the State of Idaho or elsewhere on or before the
 date of enactment of this Act. []   (e) ENFORCEMENT- Any person who violates any regulation
 promulgated by the Secretary to implement the provisions of this Act shall be
 subject to a fine in accordance with applicable provisions of title 18, United
 States Code, imprisonment of not more than 1 year, or both. [] SEC. 7. AUTHORIZATION OF APPROPRIATIONS. []   There are authorized to be appropriated such sums as may
 be necessary to carry out this Act. [