The Owyhee Inititaive Proposal - Appendices

Appendix A | Appendix B

Note: The majority of the Owyhee Initiative Task Force voted in favor of supporting the final agreement and sending it along to Senator Crapo to begin writing draft legislation reflecting the grassroots agreement. Two of the ten voting member groups - Sierra Club and People for The Owyhees - abstained from that vote and are not taking a formal position for now, but continue to work with the task force.


Appendix A of The Owyhee Initiative Agreement

WILDERNESS MANAGEMENT
It is the intent of the Owyhee Initiative work group that management of wilderness and use of wilderness will follow the requirements, policies and guidance contained in the Wilderness Act of 1964 and subsequent legislation to establish wilderness in Owyhee County, Idaho.

Grazing Management in Wilderness. The Owyhee Initiative intends that livestock grazing management fully conform to Section 4(d)(4)(2) of the Wilderness Act and the standards, guidelines and intent of House Report No. 101-405 as applied to BLM managed wilderness.

In accordance with the Wilderness Act and subsequent congressional guidance for activities and facilities that support proper grazing management, an inventory of wilderness grazing management activities, facilities, and administrative motorized access existing at the time of designation will be conducted within one year of designation. The Administrative agency and Owyhee Initiative Board of Directors will consult and coordinate with affected permittee(s) to inventory all grazing allotments or parts thereof within wilderness to document all existing grazing management activities, trail routes, structures facilities and the current and customary motorized access associated with existing grazing management facilities maintenance. It is the intent of the Owyhee Initiative that documented facilities and activities will continue in their purpose and are consistent with wilderness grazing management.

It is the expectation of the Owyhee Initiative that areas approved for inclusion in the national wilderness preservation system within Owyhee County will be managed under the wilderness management regulations at 43 CFR 6300. It is further expected that the wilderness management plan(s) for these areas will fully reflect the intent and guidance provided by current regulation and the language of House Report 101-405.

As used herein, proper grazing management, means to plan schedule and control the timing, intensity and duration of grazing use and the sequence of these over time, in a manner that maintains or enhance the ecological integrity of the landscape. Proper grazing management includes appropriate consideration of all resource values including wilderness and/or other documented special resource values in compliance with BLM regulations.

Allotments where Wilderness Study Areas are designated wilderness will have new opportunities to implement proper grazing management programs. In these allotments, the manner and degree of grazing use will be the amount identified by current grazing management plans as they may be modified by a new grazing decision implementing proper grazing management following designation of wilderness. Any modification of the amounts of grazing in wilderness must include a demonstration that additional grazing will not have an adverse impact on wilderness values.

Legislative Language: The following specific House Committee report language has been included in all recent wilderness legislation and will be incorporated in the Owyhee Initiative legislative proposal as follows: Section **, Grazing Management in Wilderness

Livestock - Within the wilderness areas designated under this title that are administered by the Bureau of Land Management, 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 that the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in both appendices A and B of said House Report will be quoted.

House Report No. 96-617 Grazing in National Forest Wilderness Areas. (Appendices A & B of House Report No. 101-405 will be inserted) APPENDIX A OF HOUSE REPORT Section 4 (d) (4) (2) of the Wilderness Act states: "the grazing of livestock, where established prior to the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture." The legislative history of this language is very clear in its intent that livestock grazing, and activities and the necessary facilities to support a livestock grazing program, will be permitted to continue in National Forest wilderness areas, when such grazing was established prior to classification of the area as wilderness. Including those areas established in the Wilderness Act of 1964. Congress has designated some 188 areas, covering lands administered by the Forest Service, Fish and Wildlife Service, National Park Service and Bureau of Land Management as components of the National Wilderness Preservation System. A number of these areas contain active grazing programs, which are conducted pursuant to existing authorities. In all such cases, when enacting legislation classifying and area as wilderness, it has been the intent of the Congress, based on solid evidence developed by testimony at public hearings, that the practical language of the Wilderness Act would apply to not just the Forest Service. In fact, special language appears in all wilderness legislation, the intent of which is to assure that the applicable provisions of the Wilderness Act, including Section 4 (d) (4) (2), will apply to all wilderness areas, regardless of agency jurisdiction. (Emphasis added.) Further, during the 95th Congress, Congressional committees became increasingly disturbed that, despite the language of section 4 (d) (4) (2) of the Wilderness Act and despite the history of nearly 15 years in addressing and providing guidance to the wilderness management agencies for development of wilderness management policies, National Forest administrative regulations and policies were acting to discourage grazing in wilderness, or unduly restricting on-the-ground activities necessary for proper grazing management. To address this problem, two House Committee on Interior and insular Affairs Reports (95-620 and 95-1321) specifically provided guidance as to how section 4 (d) (4) (2) of the Wilderness Act should be interpreted. This guidance appears in these reports as follows: Section (d) (4) (2) of the Wilderness Act states that grazing in wilderness areas, if established prior to designation of the area as wilderness "shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture". To clarify any lingering doubts, the committee wishes to stress that this language means that there shall be no curtailment of grazing permits or privileges in an area simply because it is designated as wilderness. As stated in the Forest Service regulations (33 CFR 293.7), Grazing in wilderness areas ordinarily will be controlled "under the general regulations governing grazing of livestock on National Forests ***". This includes the establishment of normal range allotments and allotment management plans. Furthermore, wilderness designation should not prevent the maintenance of existing fences or other livestock management improvements, nor the construction and maintenance of new fences or improvements which are consistent with allotment management plans and/or which are necessary for the protection of the range. Despite the language of these two reports, RARE II hearings and field inspection trips in the 96th Congress have revealed that National Forest administrative policies on grazing in wilderness are subject to varying interpretations in the field, and are fraught with pronouncements that simply are not in accordance with section 4 (d) (4) (2) of the Wilderness Act. This has led to demands on the part of grazing permittees that section 4 (d) (4) (2) of the Wilderness Act be amended to clarify the intentions of Congress. However, because of the great diversity of conditions under which grazing uses (including different classes of livestock) is managed on the public lands, the Committee feels that the original broad language of the Wilderness Act is best left unchanged. Any attempt to draft specific statutory language covering grazing in the entire wilderness system (presently administered by four separate agencies in two different Departments) might prove to be unduly rigid in a specific area, and deprive the land management agency of flexible opportunities to manage grazing in a creative and realistic site specific fashion. Therefore, the Committee declined to amend section 4 (d) (4) (2) of the Wilderness act, opting instead for a reaffirmation of the 4 (d) (4) (2) of the Wilderness language in section 5 of H.R. 5487 and for the following nationwide guidelines and specific statements of legislative policy. It is the intention of the Committee that these guidelines and policies be considered in the overall context of the purposes and direction of the Wilderness Act of 1964 and this Act, and that they be promptly, fully, and diligently implemented and made available to Forest Service personnel at all levels and to all holders pf permits for grazing in National Forest Wilderness areas: 1. There shall be no curtailment of grazing in wilderness areas simply because an area is, or has been designated as wilderness, nor should wilderness designation be used as and excuse by administrators to slowly "phase out" grazing. Any adjustments in the numbers of livestock permitted to graze in wilderness areas should be made as a result of revisions in the normal grazing and land management planning and policy setting process, giving consideration to legal mandates, range conditions, and the protection of the range resources from deterioration. It is anticipated that the numbers of livestock permitted to graze in wilderness would remain at the approximate levels existing at the time an area enters the wilderness system. If land management plans reveal conclusively that increased livestock numbers of animal units months (AUMs) could be made available with no adverse impact on wilderness values such as plant communities, primitive recreation, and wildlife populations or habitat, some increase in AUMs may be permissible. This is not to imply, however, that wilderness lends itself to AUM or livestock increases and construction of substantial new facilities that might be appropriate for intensive grazing management in non-wilderness areas. 2. The maintenance of supporting facilities, existing in an area prior to its classification as wilderness (including fences, line cabins, water wells and lines, stock tanks, etc.) is permissible in wilderness. Where practical alternatives do not exist, maintenance of other activities may be accomplished through the occasional use of motorized equipment. This may include, for example, the use of backhoes to maintain stock ponds, pickup trucks for major fence repairs, or specialized equipment to repair stock watering facilities. Such occasional use of motorized equipment should be expressly authorized in the grazing permits of the area involved. The use of motorized equipment should be based on a rule of practical necessity and reasonableness. For example, motorized equipment need not be allowed for the replacement of small quantities of salt or other activities where such activities can reasonably and practically be accomplished on horseback of foot. On the other hand, it may be appropriate to permit the occasional use of motorized equipment to haul large quantities of salt to distribution points. Moreover, under the rule of reasonableness, occasional use of motorized equipment should be permitted where practical alternatives are not available and such use would not have a significant adverse impact on the natural environment. Such motorized equipment uses will normally only be permitted in those portions of a wilderness area where they had occurred prior to the area's designation as wilderness or are established by prior agreement. 3. The replacement or reconstruction of deteriorated facilities or improvements should not be required to be accomplished using "natural materials", unless the material and labor costs of using natural materials are such that their use would not impose unreasonable additional costs on grazing permittees. 4. The construction of new improvements or replacement of deteriorated facilities in wilderness is permissible if in accordance with these guidelines and management plans governing the area involved. However, the construction of new improvements should be primarily for the purposes of resource protection and more effective management of these resources rather than to accommodate increased numbers of livestock. 5. The use of motorized equipment for emergency purposes such as rescuing sick animals or the placement of feed in emergency situations as also permissible. The privilege is to be exercised only in true emergencies, and should not be abused by permittees. In summary, subject to the conditions and policies outlined in this report, the general rule of thumb on grazing management in wilderness should be that activities or facilities established prior to the date of an area's designation as wilderness should be allowed to remain in place and may be replaced when necessary for the permittee to properly administer the grazing program. Thus, if livestock grazing activities and facilities were established in an area at the time Congress determined that the area was suitable for wilderness and placed the specific area in the wilderness system, they should be allowed to continue. With respect to areas designated as wilderness prior to the date of this Act, these guidelines shall not be considered as a direction to reestablish uses where such uses have been discontinued. APPENDIX B OF HOUSE REPORT WILDLIFE MANAGEMENT GUIDELINES Subsection 2(h) of H.R. 2570 explicitly provides that, in furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats that support those populations may be carried out in wilderness areas, where consistent with relevant wilderness management plans, in accordance with appropriate policies and guidelines. The Committee has reviewed the existing BLM policies and guidelines for fish and wildlife management in Bureau of Land Management wilderness areas, as set out in BLM's wilderness management manual, and has found them to be in furtherance of the purposes and principles of the Wilderness Act. Those policies and guidelines are as follows: A. PURPOSE This statement of policy and the following guidelines are intended to provide guidance to State and Federal personnel for the management of fish and wildlife in wilderness in accordance with the Wilderness Act of 1964 (16 USC 1131-1136). Both State and Federal agencies are responsible for fostering mutual understanding and cooperation in the management of fish and wildlife in wilderness. These guidelines should serve as a framework for cooperation among the Forest Service, Bureau of Land Management, and the States in the coordination of fish and wildlife management and in the development of cooperative agreements or other management plans. These policies and guidelines were developed within the overall context of the purpose and direction of the Wilderness Act, and they should be made available to all agencies responsible for management of the National Wilderness Preservation System, to appropriate State fish and wildlife agencies, and to other interested parties. B. GENERAL POLICY Fish and wildlife management activities in wilderness will be planned and carried out in conformance with the Wilderness Act's purpose of securing an "enduring resource of wilderness" for the American people. The wilderness resource is defined in section 2(c) of the Act, as an area essentially "untrammeled by man", where natural ecological processes operate freely and the area is "affected primarily by the forces of nature." The National Wilderness Preservation System will be managed to ensure that ecological succession, including fire and infestation of insects, operate as freely as possible with only minimum influence by humans. Fish and wildlife management activities will emphasize the protection of natural processes. Management activities will be guided by the principle of doing only the minimum necessary to manage the area as wilderness. Section 4(d)(7) of the Wilderness Act stipulates that "Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests." Angling, hunting, and trapping are legitimate wilderness activities, subject to applicable State and Federal laws and regulations. This nation is fortunate in having a National Wilderness Preservation System encompassing a wide range of ecosystems. Specific on-the-ground conditions will result in slightly different application of these guidelines in so vast a system. These different applications are spelled out in National Forest Plans or wilderness management plans. This is both appropriate and proper, if we are to allow nature to play the dominant role. 1. Use of motorized equipment Section 4(c) of the Wilderness Act states: Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area. The emphasis is on the management of the area as wilderness as opposed to the management of a particular resource. This language is viewed as direction that all management activities within wilderness be done without motor vehicles, motorized equipment, or mechanical transport, unless truly necessary to administer the area or are specifically permitted by other provisions in the Act. It means that any such use should be rare and temporary; that no roads can be built; and that wilderness managers must determine such use is the minimum necessary to accomplish the task. Any use of motorized equipment or mechanical transport requires advance approval by the administering agency. 2. Fish and wildlife research and management surveys Research on fish and wildlife, their habitats and the recreational users of these resources is a legitimate activity in wilderness when conducted "in a manner compatible with the preservation of the wilderness environment" (Sec. 4(d)(1) of the Wilderness Act). Methods that temporarily infringe on the wilderness environment may be approved if alternative methods or other locations are not available. Research or management surveys must be approved in writing, on a case-by-case basis, by the administering agency. Helicopters and fixed-wing aircraft overflights may be used to conduct approved fish and wildlife research activities. Aircraft must be used in a manner that minimizes disturbance of other users, including humans and wildlife. All fish and wildlife studies within and over wilderness must be conducted so as to preserve the natural character of the wilderness. Aerial counts and observations of wildlife may be permissible for management of wilderness wildlife resources. Capturing and marking of animals, radio telemetry, and occasional temporary installations (such as shelters for cameras and scientific apparatus and enclosures and exclosures essential for wildlife research or management surveys) may be permitted, if they are essential to studies that cannot be accomplished elsewhere. Guidelines a. Obtain specific written approval or permits from the administering agency before erecting any structure, enclosure, or exclosure. b. Locate and construct all structures so as to make them unobtrusive on the landscape. c. Construct structures of native materials or camouflage to make them blend with their natural surroundings. d. Plan aircraft flights over wilderness to minimize disturbance. Consider time of day, season of the year, route and altitude of flight, and location of landing areas on the perimeter of the wilderness. e. Research projects underway when a wilderness is designated may continue, but modify research methods to minimize disturbance of the wilderness environment. f. Installation of permanent base stations within wilderness is not permitted for monitoring of radio instrumented animals. g. The administering agency should only approve capture methods that minimize the impact on the wilderness environment. 3. Facility development and habitat alteration In rare instances, facility development and habitat alteration may be necessary to alleviate adverse impacts caused by human activities on fish and wildlife. For the benefit of wildlife that spend only part of the year in wilderness, give first priority to locating facilities or habitat alterations outside wilderness. Flow maintenance dams, water developments, water diversion devices, ditches and associated structures, and other fish and wildlife habitat developments necessary for fish and wildlife management (which were in existence before wilderness designation) may be permitted to remain in operation. Clearing of debris that impedes the migratory movements of fish on primary spawning streams may be permitted, but only in a manner compatible with the wilderness resource. Maintenance of existing water supplies and development of additional water supplies may be permitted, but only when essential to preserve the wilderness resource and to correct unnatural conditions resulting from human influence. Guidelines a. Submit proposals for new structures or habitat alterations to the administering agency for approval. b. Build or maintain new and existing structures permitted for wildlife management in a manner that minimizes the visual impacts on the landscape. c. Limit clearing of debris from spawning streams to those identified in the wilderness management plan as being critical to the propagation of fish. d. Use only nonmotorized equipment to clear debris. Use explosives only when the use of hand tools is not practical, and only outside of heavy visitor-use periods. e. The administering agency and the State agency will jointly make decisions to remove existing water related improvements. f. If it is necessary to restore essential food plants after human disturbance, use only indigenous plant species. 4. Threatened and endangered species Many wilderness areas provide important habitat for Federally listed threatened and endangered species of wildlife. Actions necessary to protect or recover threatened or endangered species, including habitat manipulation and special protection measures, may be implemented in wilderness. But such actions must be necessary for the perpetuation of recovery of the species and it must be demonstrated that the actions cannot be done more effectively outside wilderness. Use only the minimum actions necessary and the methods most appropriate in wilderness. Guidelines a. Manage wilderness to protect known populations of Federally listed threatened or endangered species where necessary for their perpetuation and to aid in their recovery in previously occupied habitat. b. When alternative areas outside of wilderness offer equal or better opportunities for habitat improvement or species protection, take actions to recover threatened or endangered species outside of wilderness first. c. Threatened and endangered species may be transplanted into previously occupied habitat within wilderness. d. All transplants or habitat improvement projects require approval by the administering agency. e. To prevent Federal listing, protect indigenous species that could become threatened or endangered or are listed as threatened or endangered by States. 5. Angling, hunting and trapping Angling, hunting and trapping are legitimate wilderness activities subject to applicable State and Federal laws and regulations. 6. Population sampling Scientific sampling of fish and wildlife populations is an essential procedure in the protection of natural populations in wilderness. Guidelines a. Use only methods that are compatible with the wilderness environment. b. Gill netting, battery-operated electrofishing, and other standard techniques of population sampling may be used. c. Closely coordinate sampling activities with the administering agency and schedule them to avoid heavy public-use periods. 7. Chemical treatment Chemical treatment may be necessary to prepare waters for the reestablishment of indigenous species, to protect or recover Federally listed threatened or endangered species, or to correct undesirable conditions resulting from the influence of man. Species of fish traditionally stocked before wilderness designation may be considered indigenous if the species is likely to survive. Undesirable conditions and affected species shall be identified in wilderness plans. Guidelines a. Use only registered pesticides according to label directions. b. In selecting pesticides, give preference to those that will have the least impact on non-target species and on the wilderness environment. c. Schedule chemical treatments during periods of low human use, insofar as possible. d. Immediately dispose of fish removed in a manner agreed to by the administering agency and the State agency. 8. Spawn taking The collection of fish spawn shall be permitted from wilderness when alternative sources are unavailable or unreliable, or where spawn taking was an established practice before wilderness designation. Guidelines a. Do not use motorized equipment to assist in collecting and removing spawn. b. Use of techniques and facilities necessary to take spawn, which were in existence before wilderness designation, may continue as provided for in the wilderness management plan. c. Facilities for spawn taking stations approved after wilderness designation must be removed after the termination of each season's operation. d. Decisions to prohibit spawn taking, where it was an established practice before wilderness designation, will be made jointly by the administering agency and the state agency. 9. Fish stocking Fish stocking may be conducted by the State agency in coordination with the administering agency, using means appropriate for wilderness, when either of the following criteria is met: (a) to reestablish or maintain an indigenous species adversely affected by human influence; or (b) to perpetuate or recover a threatened or endangered species. Selection of species for stocking will be determined jointly by the administering agency and the state agency. Exotic species of fish shall not be stocked. The order of preference for stocking fish species is (a) Federally listed threatened or endangered indigenous species, (b) indigenous species. Species of fish traditionally stocked before wilderness designation may be considered indigenous if the species is likely to survive. Numbers and size of fish and time of stocking will be determined by the State agency. Barren lakes and streams may be considered for stocking, if there is mutual agreement that no appreciable loss of scientific values or adverse effects on wilderness resources will occur. Guidelines a. The State agency shall make fish stocking schedules available to the administering agency, indicating what species and numbers are planned for each water within a wilderness. b. Adjust stocking rates to minimize the likelihood of exceeding thecarrying capacity of the water being stocked so as to reduce the chance of producing a population imbalance and to minimize the likelihood of attracting overuse detrimental to the wilderness resource. 10. Aerial fish stocking Aerial stocking of fish shall be permitted for those waters in wilderness where this was an established practice before wilderness designation or where other practical means are not available. Aerial stocking requires approval by the administering agency. Guidelines a. As justification for aerial stocking, the State agency will supply the administering agency a list of those waters where stocking with aircraft was an established practice before wilderness designation, indicating the type of aircraft used (fixed-wing or helicopter). This justification will become a part of the wilderness management plan. b. To stock waters that had not been aerially stocked before wilderness designation, the State agency will demonstrate to the administering agency the need for using aircraft. c. Plan aircraft flights over wilderness to minimize disturbance. Consider season of year, time of day, route and altitude of flight, and location of landing areas on the perimeter of the wilderness. 11. Transplanting wildlife Transplants (removal, reintroduction, or supplemental introduction) of terrestrial wildlife species in wilderness may be permitted if necessary: (a) to perpetuate or recover a threatened or endangered species; or (b) to restore the population of an indigenous species eliminated or reduced by human influence. Transplants shall be made in a manner compatible with the wilderness character of the area. Transplant projects, including follow-up monitoring, require advance written approval by the administering agency. Guidelines a. Motorized methods and temporary holding and handling facilities may be permitted if they are the minimum necessary to accomplish an approved transplant. 12. Wildlife damage control Wildlife damage control in wilderness may be necessary to protect Federally listed threatened or endangered species, to prevent transmission of diseases or parasites affecting other wildlife and humans, or to prevent serious losses of domestic livestock. Control of nonindigenous species, also may be necessary to reduce conflicts with indigenous species, particularly if the latter species are threatened or endangered. Guidelines a. Acceptable control measures include lethal and nonlethal methods, depending upon need, justification, location, conditions, efficiency and applicability of State and Federal laws. b. Control measures will be implemented by the Animal and Plant Health Inspection Service, the administering agency, the State fish and wildlife agency, or other approved State agency, pursuant to cooperative agreements or memoranda of understanding. Wildlife damage control must be approved by the administering agency on a case-by-case basis. c. Direct control at individual animals causing the problem. d. Use only the minimum amount of control necessary to solve the problem. e. Use pesticides only where other measures are impractical. Use only registered pesticides according to label directions and subject to the following restrictions: (1) Pesticides may be applied only by certified pesticide applicators. (2) The placement of pesticides shall be accurately indicated on the largest scale USGS map available. (3) Place warning signs at the entrance to the area where pesticides are being used to warn the public of any dangers to themselves or their pets. (4) In the selection of pesticides, give preference to those that will have the least impact on non target species and on the wilderness environment. 13. Visitor management to protect wilderness wildlife resources Many wildlife species are sensitive to human encroachments on their ranges. Grizzly bear, bighorn sheep, elk, mountain goat, birds of prey (such as peregrine falcon and bald eagle), other migratory and resident birds, and certain other wilderness wildlife species cannot tolerate excessive human disturbance, particularly during certain seasons of the year. When necessary to reduce human disturbance to a wildlife species, the administering agency, in coordination with the State agency, may take direct or indirect management actions to control visitor use. Guidelines a. Specify in the wilderness management plan the management actions necessary and the agency responsible to reduce conflicts with wildlife. b. If and when it becomes apparent that public use is significantly degrading the wilderness wildlife resources, limitations on visitor use may be imposed and enforced by the appropriate agency. Any limitations will be applied equitably to all wilderness visitors. 14. Management of fire The objectives of fire management in wilderness are to: (a) permit lightning-caused fires to play, as nearly as possible, their natural ecological role within wilderness and (b) reduce, to an acceptable level, the risks and consequences of wildfire within wilderness or escaping from wilderness. Fire ignited by lightning will be permitted to burn or will be suppressed as prescribed in an approved plan. Prescribed fires ignited by man may be permitted to reduce unnatural buildup of fuels only if necessary to meet objectives (a) and (b) above. Although additional benefits may result from man-ignited prescribed fire, vegetative manipulation will not be used to justify such fires. H.R. REP. 101-405, H.R. Rep. No. 405, 101ST Cong., 2ND Sess. 1990, 1990 WL 259127 (Leg.Hist.)

APPENDIX A OF INITIATIVE AGREEMENT, CONTINUED...

RELEASE OF WILDERNESS STUDY AREAS

The Owyhee Initiative believes that Wilderness Study Area (WSA) release and livestock grazing management language found in previous wilderness legislation is appropriate for the designation of wilderness in Owyhee County. This language, adapted to the Owyhee Initiative, would provide as follows:

The Congress hereby finds and directs that all the public lands not hereby designated as . . . [the Owyhee-Bruneau Wilderness Complex within the boundaries of Owyhee County, Idaho] managed by the Bureau of Land Management, have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), and are no longer subject to the requirements contained in section 603(c) of that Act pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness.

UNGRAZED WILDERNESS

Where the opportunity exists, some portions of wilderness areas may be reserved from grazing use through the retirement of grazing with the mutual agreement and consent of the affected permittee(s). If it becomes necessary to construct fences to assure that a wilderness area or portion thereof will not be grazed, such fences are allowed along wilderness boundaries and/or within the wilderness area. The Bureau of Land Management will assume the responsibility for the construction and maintenance of any and all fences necessary to facilitate ungrazed wilderness.

JUNIPER MANAGEMENT IN WILDERNESS AREAS

Portions of Wilderness Areas within Owyhee County have been significantly altered through invasion by Western juniper, which has changed or is changing many of the natural sagebrush steppe uplands, aspen groves, mountain mahogany stands and mountain brush habitat to juniper woodlands. The conversion to juniper woodland results in changes in watershed function, change in the number and kinds of wildlife supported by the habitat, and reduced productivity. Many of these areas can be restored to their natural condition by re-introducing fire into the ecosystem. Wilderness areas designated herein will be included in natural habitat restoration management plans and shall be treated as necessary and advisable within the constraints of wilderness management policy to restore native habitats. Where reestablishment of understory communities is needed, such programs will include use of native species seed when readily available.

In order to accommodate juniper treatment programs (including, but not limited to adequate rest periods) that necessarily displace grazing use for a period of time, the OI will seek to establish a forage reserve program to assist ranchers in obtaining alternative forage when treatment programs are implemented on Federal, State and Private lands. It is important to conduct juniper treatment programs that affect a high level of landscape scale benefit. The nature of intermingled and often unfenced land ownerships along with interdependent grazing use of different jurisdictions can result in land treatments that impact ranchers across jurisdictional lines. Therefore, a forage reserve program will be developed that promotes cooperation among land ownerships to assist in implementing cost-effective and resource effective landscape scale juniper control programs.

Some seral juniper sites offer an opportunity to study the ecological impact of unabated conversion to juniper woodlands. Accordingly, some areas within the designated wilderness may be identified as unavailable for active restoration treatment. All remaining areas of juniper woodland occupying other habitat types both within and outside of designated wilderness will be considered for treatment and restoration of native habitats.

WILDERNESS AREA ACCESS

Travel routes providing access to private lands also provide access to much of the Federal lands beyond, including wilderness within Owyhee County. In order to facilitate free access to areas designated as wilderness and other significant public recreational facilities or sites, the Owyhee Initiative proposes authorization to purchase from or exchange with willing landowners land and/or access rights across private land that will facilitate free public access. In the alternative, the Owyhee Initiative proposes authorization to construct roads wholly on Federal land to provide such access.

Areas identified by the OI for recreational access include:
North of the North Fork Owyhee River near Cliffs, heading east;
South of the Juniper Mountain Road leading to Deep Creek and to Lambert Table;
South of Bull Basin leading to Crutchers Crossing;
West of Bull Basin leading to north of Bald Mountain and to south of Dukes V Spring;
South of the Mud Flat Road leading to Pole Creek;
West of Riddle leading to Yatahoney Creek and Battle Creek drainages;
Indian Hot Springs crossing on Bruneau River;
Bruneau Hot Springs on Bruneau River;
East-West road crossing lower Duncan Creek.

Wilderness boundary lines and management plans will recognize standard setbacks for primary roads, such as the Mud Flat Road (100 feet either side of the center line) primitive wilderness boundary roads (50 feet either side of the center line) and interior wilderness "cherrystem" roads (30 feet either side of the center line).

"Cherrystem" access roads, identified on the OI wilderness map, will be incorporated into the areas designated as wilderness. In addition many of the wilderness boundaries are adjacent to existing roads that provide access to wilderness. These roads will remain open for public access for hunting and other recreational access.

Access to private property within wilderness areas will be maintained and will not be prevented or restricted due to wilderness designation. Roads that currently provide access to private inholdings will be excluded from wilderness through cherrystem designation along with the private inholdings, as identified by the OI wilderness map.

WILDERNESS ACCESS /MAINTENANCE

Wilderness corridor, boundary and cherrystem roads will be identified on the enabling legislation maps, {dated .] prepared by Spatial Dynamics for the OI. These Wilderness access roads will be maintained so as to be passable to a four-wheel drive vehicle. The level of maintenance on these roads should assure that the roads are opened seasonally. Maintenance is limited, but will include brush and obstruction removal, maintenance of drainage facilities and maintenance of the road prism.

Detail maps for Owyhee Initiative prepared by Spatial Dynamics will further indicate road and wilderness boundaries for the following:

Little Jacks Creek Wilderness
1. Road up slope about one mile from Shoofly Creek to bench. Close road in rocks at rim. Map completed, with GPS coordinates.

Bruneau River Wilderness
2. Sheep Creek, across creek from Bighorn Basin on west side in Louse Creek drainage. Wilderness connects on northeast corner of State section, wilderness boundary runs at about 1400 meter contour.

3. Canyon View on west side Bruneau River, near Miller Water Table Upper end of draw, sloping terrain without defined rim, excluded from wilderness. Robertson Road to rim, to edge of Wilderness, remains open, trail continues into canyon in wilderness and is closed to motors.

4. Bruneau - Indian Hot Springs crossing Camp site in cottonwood trees excluded from wilderness, where parking and camping currently done. About 20 acres of BLM managed land affected.

Owyhee River Wilderness
5. Wiley Ranch - road open to rim, about 1/8 mile beyond 5093 Bench Mark, trail leads to river from there in wilderness and is closed to motors.

6. Crutchers Crossing Crossing and corridor is in Wild classification of Wild and Scenic River. Wilderness boundary follows spur road heading upstream to dispersed campsite and turn around from old homestead, crosses river to take-out, excludes gravel bar. Map completed using BLM maps and data.

7. Bull Basin Road corridor in between private land, on east side of 230 acre private segment, and BLM land to allow future construction.

Pole Creek Wilderness
8. Road running east-west, just north of Hawes Pasture is south of wilderness boundary and outside wilderness. Map completed.

WILDERNESS WILDFIRE MANAGEMENT AND RESTORATION

It is anticipated that wilderness management plans will recognize the site specific needs for increased wildfire suppression where landscape values are more drastically impacted by wildfire. It is also anticipated that such plans will provide for a range of restoration practices that are allowed when necessary to adequately preserve and protect both landscape and wilderness resource values. In particular, rehabilitation following fire should not be limited in areas with high risk of conversion to cheatgrass. While native species would be a preference for fire rehab, projects should not be delayed due to inadequate funding for use of native species. A reasonable and prudent standard should be used to assure that effective fire rehabilitation is accomplished in a timely manner.

Previous wilderness legislation has addressed this issue as follows: "Consistent with Section 4 of the Wilderness Act, 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 the wilderness areas designated by this title." The Owyhee Initiative has not adopted this or other language for legislation, but believes the concept of site-specific decisions as to wildfire management is an important element in addressing fire management in the diversity of landscapes in Owyhee County.

WILDERNESS FISH AND WILDLIFE MANAGEMENT

The State of Idaho will retain all authority to manage wildlife and hunting and fishing regardless of wilderness designation. Management of bighorn sheep populations will continue in the same manner as currently employed, including the use of helicopters for monitoring, transplants etc. The Animal and Plant Health Inspection Services, the Idaho Department of Fish and Game, and/or other approved state agency may initiate predator damage control under cooperative agreements, annual work plans or memorandums of understanding. Predatory animal management and wildlife damage management should be approved by the administrating agency on a case-by-case basis. It is normally expected that the minimum amount of control necessary to resolve the specific problem will be used.

WILDERNESS & MILITARY TRAINING

The OI recognizes the extremely important role of military training for the security of the nation and for the highest possible level of safety and effectiveness of training for our servicemen. The OI intends that the establishment of wilderness and wild and scenic rivers will not affect military training in the area. Wilderness designation should not affect special use air space over-flights or low-level routes, emergency response capabilities, existing ground instrumentation sites and uses or wilderness compatible ground and air operations for readiness testing, rescue missions or training activities.

WILDERNESS WITHDRAWAL FROM ENTRY

All Federal lands within wilderness areas will be withdrawn from exploration, leasing and entry for mineral, natural gas, oil, rock, rights of way and other non-compatible uses.

WILDERNESS BUFFER ZONES

Wilderness management plans, other land use plans and site-specific management plans, decisions or actions will not recognize any buffer zone on which restrictions would be placed due to the proximity to wilderness or effect on any wilderness related purpose.

Previous wilderness legislation has addressed this issue as follows: "Nothing in this title shall be construed to create protective perimeters or buffer zones around wilderness areas designated by this title. Activities or uses of non-wilderness areas that can be seen or heard within wilderness areas designated by this title shall not be precluded as a result." The Owyhee Initiative has not adopted this or other language for legislation but believes the concept of explicit avoidance of buffer zones is essential.

RECREATIONAL LIVESTOCK AND OUTFITTING

It is the position of the OI that neither wilderness nor wild and scenic river designations will preclude horseback riding, trail maintenance and the entry and grazing of recreational saddle and pack stock in wilderness. The OI supports the continuation of outfitting and guiding in designated wilderness areas and on applicable designated rivers.

Consistent with Section 4.(d)(6) of the Wilderness Act, on lands within Owyhee County Idaho designated as wilderness it is the position and expectation of the OI that the Secretary shall permit the continuance of outfitting and guiding activities where such activities are established, subject to such reasonable regulations as the Secretary deems necessary. The OI recognize that outfitting and guiding plays the legitimate and necessary role of providing access to wilderness for members of the public that lack the skill, knowledge or equipment to visit wilderness on their own, and that outfitting and guiding are proper activities for realizing the recreational, scenic, scientific, educational, conservation, and historical purposes of wilderness areas. Designation of lands as wilderness will not be cause for the Secretary to reduce outfitting activity or the existing system of reserved camps and allocated river launches designated for use by the public who use outfitter services.

WILDERNESS / WSR AND EXISTING LAND USE PLANS

The designation of Wilderness Areas, Wild and Scenic Rivers, and release of Wilderness Study Areas to non-wilderness multiple use management creates a new situation relative to existing Federal Land Use Plans. Changed or new management options associated with Wilderness, Wild and Scenic Rivers, and released WSAs result in different constraints or opportunities for management on these lands and adjacent lands (e.g. grazing allotments formerly in or partially within in Wilderness Study Areas). This changes the basis for choosing some LUP objectives and management actions; therefore, LUPs will need to be reviewed to identify where new situations demonstrate a need for amendment of those plans.

BLM's Land Use Planning Handbook H-1601-1 states, "New information, updated analyses, or new resource use or protection proposals may require amending or revising land use plans and updating implementation decisions." Specifically, BLM's planning handbook states:

New data or information can include, but is not limited to. new national policy or a change in legal duties resulting from laws, regulations, executive orders, or BLM directives. An example would be designation of a river segment under the Wild and Scenic Rivers Act that mandates a protection and enhancement standard that, in turn, may affect resource management objectives, conditions, or uses outlined in the land use plan.

Based on the OI landscape scale management approach, wilderness and WSR designations, and other management actions called for in the OI, special area management designations may no longer require layered management guidance. The BLM should evaluate management requirements and constraints of overlapping special area designations and the special area management should be modified where wilderness, wild and scenic rivers or other new management direction satisfies the objectives for special designations. The OI expects the initial review and identified revisions of management direction will be completed within one year. Nothing in the OI is intended to diminish or affect Congressional actions relative to clean water, threatened or endangered species or other specific environmental directives of the Congress.

The OI proposes Wilderness for approximately 500,000 acres of the most significant canyon lands in Owyhee County covering virtually the entire range of important habitat for Bighorn Sheep. A primary element of the wilderness proposal is the protection of known occupied and critical habitat for bighorn sheep. When wilderness designation and management requirements are successfully implemented wilderness designation will protect the essential bighorn sheep habitat. Special BLM management areas for big horn sheep in Owyhee County, pre-existing the OI, will be mapped by the OI.


Appendix B of The Owyhee Initiative Agreement

WILD & SCENIC RIVERS - WATER RIGHTS

The Wild and Scenic Rivers Act (WSRA) expressly reserves water in designated wild, scenic and recreational rivers. The priority date for such rights in Owyhee County will be the date of passage of legislation adopting the Owyhee Initiative proposal.

Prior appropriations will be senior. Rights for wild and scenic rivers in Owyhee County will be junior rights and will not affect existing water rights. Nothing in the Owyhee Initiative Act shall in any way affect, derogate or diminish existing water rights and claims as recognized under Idaho state law at the time of enactment.

As stated in the Wild and Scenic Rivers Act, federally held water rights related to the designated rivers are limited to only the quantity of un-appropriated water necessary to protect the scenic, recreational, geologic, fish and wildlife, historic cultural or other outstandingly remarkable values that form the basis for designation of the rivers.

At present there is very limited foreseeable opportunity for new uses of water upstream of the rivers proposed for designation. There are few communities, no large-scale agricultural uses, no commercial and industrial uses, and very little private land in these areas. Only a small percentage of the private land is susceptible to new irrigation. In addition, the availability of water for new uses is extremely limited by surface sources and existing uses. Therefore, foreseeable future uses for stock water, domestic, or irrigation in these upstream areas in Owyhee County appear to be so limited that they will not impair the values of proposed wild, scenic and recreational rivers.

As a practical matter, the OI expects that, existing diversions and uses, together with wild and scenic river water rights will not preclude future uses of water in the watersheds of designated rivers in Owyhee County for domestic and de minimus stockwater purposes or for limited additional irrigation on private property. The OI expects that providing a specific quantity of water for future domestic and stockwater uses of 0.02 cubic feet per second or less, in accordance with state law, in the watershed of designated rivers in Owyhee County will not impair water necessary to protect the values of the proposed wild, scenic, and recreational rivers.

WSR CORRIDOR / BOUNDARY /MANAGEMENT

For designated rivers within wilderness areas, the provisions of the Wilderness Act and the livestock grazing guidelines (See Appendix A) will apply for grazing management considerations. Wilderness designation allows for grazing of livestock and maintenance of facilities that were established prior to the designation date.

Where a designated segment of wild, scenic or recreational river crosses private land, the boundary of the designation will be the normal high water mark for the river or stream. The boundary will extend laterally to the canyon rim along section, quarter or quarter quarter lines from the point where a WSR segment enters and leaves private land.

The canyons of the proposed WSRs themselves provide barriers to almost all livestock access and grazing use of the segments involved. Most of the canyon rims that exclude livestock are well within the normal ½ mile width of WSR corridors while some are significantly greater. In order to avoid river corridors on the plateaus outside of the canyon rims, the WSR boundaries will extend to the nearest canyon rim that excludes livestock or up to ¼ mile from the stream/river involved. Locations that have authorized livestock access can provide significant water sources that contribute to proper grazing management of lands in the corridor as well as surrounding areas and will be retained to the extent they are required to continue proper grazing management.

WSR BUFFER ZONES

WSR management plans, other land use plans and site-specific management plans, decisions or actions will not recognize any buffer zone on which restrictions would be placed due to the proximity to a designated segment of WSR, WSR boundary or to a WSR related purpose.

WSR ACCESS / MAINTENANCE

Key access points to the rivers designated as WSRs are to be maintained. Over the past several years the main access roads to Crutchers Crossing, Garat, and Bruneau Hot Springs have deteriorated to the point that travel is hazardous and threatens damage to vehicles.

The roads on both north and south sides of the Owyhee River to Crutchers, the road on the south side of the river to Garat, and the road on the east and west sides of the Bruneau Hot Springs will be maintained so as to be it is passable to a four-wheel drive vehicle. The level of maintenance on these roads should assure that the road is opened seasonally. Maintenance is limited, but will include brush and obstruction removal, maintenance of drainage facilities and maintenance of the road prism.

The existing river crossings at the 45 Ranch on the South Fork Owyhee and the Bruneau Hot Springs will remain open by virtue of designating short segments at the crossings as Recreational River.

The road on the south side of the Owyhee River at Garat will remain open to motorized use to the WSR boundary, as identified by the OI Map dated ** prepared for the Owyhee Initiative by Spatial Dynamics of Boise, Idaho. The wilderness boundary on the north side of the river at Garat will close the crossing to motorized use and the route proceeding north from Garat to Windy Point and Jarvis Pasture will be included in wilderness, remaining open for wilderness use.

Road access from both the north and south side of Crutchers Crossing on the E. Fork of the Owyhee River will remain open, allowing motorized use of the crossing as specifically designated by enabling legislation and the legislated map. The river crossing at Crutchers will not be maintained or improved and will remain an unconstructed crossing. The ability to actually cross the river with a motorized vehicle will be determined by "naturally occurring" water events at the site. The spur road, just north of the old Oley Skamfer homestead, leading to the river crossing will remain open to motorized use and will remain unconstructed.

The river crossing at Crutchers and adjacent upstream lands on the north and south sides of Crutchers Crossing on the E. Fork of the Owyhee River that contain spur and access roads will not be designated wilderness. A specific map indicating the approximate amount of land to not be designated wilderness in this area will be prepared for the Owyhee Initiative by Spatial Dynamics of Boise, Idaho.


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