[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 222 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 222
To promote the economic development and recreational use of National
Forest System lands and other public lands in central Idaho, to
designate the Boulder-White Cloud Management Area to ensure the
continued management of certain National Forest System lands and Bureau
of Land Management lands for recreational and grazing use and
conservation and resource protection, to add certain National Forest
System lands and Bureau of Land Management lands in central Idaho to
the National Wilderness Preservation System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Simpson introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To promote the economic development and recreational use of National
Forest System lands and other public lands in central Idaho, to
designate the Boulder-White Cloud Management Area to ensure the
continued management of certain National Forest System lands and Bureau
of Land Management lands for recreational and grazing use and
conservation and resource protection, to add certain National Forest
System lands and Bureau of Land Management lands in central Idaho to
the National Wilderness Preservation System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Central Idaho
Economic Development and Recreation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION
Sec. 101. Land conveyance, designated Sawtooth National Recreation Area
land to Custer County, Idaho.
Sec. 102. Land conveyance, designated Sawtooth National Forest and BLM
land to Blaine County, Idaho.
Sec. 103. Land conveyance, designated National Forest System land to
City of Stanley, Idaho.
Sec. 104. Land conveyance, designated BLM land to City of Clayton,
Idaho.
Sec. 105. Land conveyance, designated BLM land to City of Mackay,
Idaho.
Sec. 106. Land conveyance, designated BLM land to City of Challis,
Idaho.
Sec. 107. Land conveyance, designated BLM land to Custer County, Idaho.
Sec. 108. Land conveyance authority, support for motorized and bicycle
recreation, public land in central Idaho.
Sec. 109. Treatment of existing roads and trails.
Sec. 110. Stanley-Redfish Lake bike and snowmobile trail and related
parking lot.
Sec. 111. Support for other trail construction and maintenance
activities.
Sec. 112. Support for outfitter and guide activities.
Sec. 113. Grants to support sustainable economic development and
recreation.
Sec. 114. Expansion and improvement of Herd Lake Campground.
TITLE II--CENTRAL IDAHO WILDERNESS AREAS
Sec. 201. Additions to National Wilderness Preservation System.
Sec. 202. General administration of wilderness areas.
Sec. 203. Acquisition of mineral interests and lands from willing
sellers.
Sec. 204. Adjacent management.
Sec. 205. Wildfire management.
Sec. 206. Water rights.
Sec. 207. Wildlife management.
Sec. 208. Native American cultural and religious uses.
Sec. 209. Military overflights.
Sec. 210. Wilderness review.
TITLE III--BOULDER-WHITE CLOUDS MANAGEMENT AREA
Sec. 301. Establishment of management area.
Sec. 302. Land acquisition in management area.
Sec. 303. Motorized and bicycle travel.
Sec. 304. Support and use of Idaho Off Road Motor Vehicle Program.
Sec. 305. Airports and landing strips.
Sec. 306. Management of Railroad Ridge area, Sawtooth National Forest.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Grazing memorandum of understanding.
TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION
SEC. 101. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL RECREATION AREA
LAND TO CUSTER COUNTY, IDAHO.
(a) Conveyance Required.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, shall convey, without
consideration, to Custer County, Idaho (in this section referred to as
the ``County''), all right, title, and interest of the United States in
and to certain Federal land in the Sawtooth National Recreation Area
consisting of a total of approximately 86 acres, including a road
encompassing approximately 15 acres, adjoining the northern boundary of
the City of Stanley, Idaho, and identified as Parcel B on the map
entitled ``Custer County and City of Stanley Conveyances'' and dated
October 1, 2006.
(b) Survey and Legal Description.--The exact acreage and legal
description of the land to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary. The legal description shall be
prepared as soon as practicable after the date of the enactment of this
Act.
(c) Conservation Easement and Rights-of-Way.--In making the
conveyance under subsection (a), the Secretary shall reserve to the
United States a conservation easement and rights-of-way for the
conveyed land as set out in the document entitled ``Conservation
Easement and Right-of-Way--Parcel B'' and dated November 6, 2006.
(d) Enforcement.--The Secretary of Agriculture shall have the
authority to enforce the terms and conditions set forth in the
conservation easement reserved under subsection (c) and to ensure that
public access is maintained on the rights-of-way reserved under such
subsection. This authority is in addition to such other enforcement
authority as may be provided in the conservation easement and rights-
of-way.
(e) Reversionary Interest.--If the Secretary determines at any time
that the County or any subsequent owner of any portion of land conveyed
under subsection (a) is acting in violation of the conditions set forth
in the conservation easement or rights-of-way reserved under subsection
(c) and has failed to restore the property so as to comply with such
conditions within a reasonable time, all right, title, and interest in
and to the portion of the land on which the violation occurred,
including any improvements thereon, shall revert to the United States.
Any determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(f) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 102. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL FOREST AND BLM
LAND TO BLAINE COUNTY, IDAHO.
(a) Conveyance Required.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, and the Secretary of the
Interior, acting through the Director of the Bureau of Land Management,
shall convey, without consideration, to Blaine County, Idaho (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to the parcels of Federal land in the
Sawtooth National Forest and Sawtooth National Recreation Area and
Bureau of Land Management land identified for conveyance under this
section on the following maps:
(1) A map entitled ``Blaine County Conveyance-Smiley
Creek'' and dated October 1, 2006.
(2) A map entitled ``Blaine County Conveyance-Sawtooth City
Well'' and dated October 1, 2006.
(3) A map entitled ``Blaine County Conveyance-Eagle Creek''
and dated October 1, 2006.
(4) A map entitled ``Blaine County Conveyances, Map #1''
and dated September 13, 2006, except that the conveyance is
limited to the parcels A, B, and C depicted on that map.
(5) A map entitled ``Blaine County Conveyances, Map #2''
and dated September 13, 2006, except that the conveyance is
limited to the parcels A and B depicted on that map.
(b) Survey.--The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary concerned. The cost of the survey shall
be borne by the Secretary concerned.
(c) Additional Term and Conditions.--The Secretary concerned may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 103. LAND CONVEYANCE, DESIGNATED NATIONAL FOREST SYSTEM LAND TO
CITY OF STANLEY, IDAHO.
(a) Conveyance Required.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, shall convey to the City of
Stanley, Idaho (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to National
Forest System land consisting of two parcels containing a total of
approximately 8 acres adjoining the western boundary of the City and a
total of approximately 68 acres, including roads and improvements,
adjoining the northeastern boundary of the City, respectively, and
identified as Parcels A and C on the map entitled ``Custer County and
City of Stanley Conveyances'' and dated October 1, 2006.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the City shall pay to the
Secretary an amount equal to the amount originally expended by
the United States to acquire the parcel of land identified as
Parcel A on the map referred to in such subsection. The City
shall provide the consideration not later than one year after
the date on which the City disposes of Parcel A after obtaining
title of the parcel.
(2) Disposition and use of proceeds.--The amount received
as consideration under this subsection shall be deposited and
merged with funds appropriated for the operation of the
Sawtooth National Recreation Area. Such funds shall be
available to the Secretary, without further appropriation and
until expended, for conservation activities in the recreation
area.
(c) Survey and Legal Description.--The exact acreage and legal
description of the land to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary. The legal description shall be
prepared as soon as practicable after the date of the enactment of this
Act.
(d) Conservation Easement and Rights-of-Way.--In making the
conveyance under subsection (a), the Secretary shall reserve to the
United States a conservation easement and rights-of-way for--
(1) the parcel of land identified as Parcel A on the map
referred to in such subsection as set out in the document
entitled ``Conservation Easement and Right-of-Way--Parcel A''
and dated November 6, 2006; and
(2) the parcel of land identified as Parcel C on such map
as set out in the document entitled ``Conservation Easement and
Right-of-Way--Parcel C'' and dated November 6, 2006.
(e) Enforcement.--The Secretary of Agriculture shall have the
authority to enforce the terms and conditions set forth in the
conservation easements reserved under subsection (d) and to ensure that
public access is maintained on the rights-of-way reserved under such
subsection. This authority is in addition to such other enforcement
authority as may be provided in the conservation easements and rights-
of-way.
(f) Reversionary Interest.--If the Secretary determines at any time
that the City or any subsequent owner of any portion of land conveyed
under subsection (a) is acting in violation of the conditions set forth
in the applicable conservation easement or rights-of-way reserved under
subsection (d) and has failed to restore the property so as to comply
with such conditions within a reasonable time, all right, title, and
interest in and to the portion of the land on which the violation
occurred, including any improvements thereon, shall revert to the
United States. Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(g) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 104. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF CLAYTON,
IDAHO.
(a) Conveyance Required.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall convey,
without consideration, to the City of Clayton, Idaho (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to parcels of Bureau of Land Management land,
including roads thereon, identified as parcels A, B, C, and D on the
map entitled ``City of Clayton Conveyances'' and dated September 13,
2006.
(b) Survey.--The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the Secretary.
(c) Road Access.--In making the conveyance under subsection (a) to
the City, the Secretary shall include a deed restriction requiring that
the roads referred to in such subsection shall remain open to the
public to provide access to adjacent Federal land and private property.
(d) Right-of-Way.--The Secretary shall grant, without
consideration, to the City a 25-foot right-of-way connecting parcels C
and D referred to in subsection (a) and crossing the Salmon River for
purposes related to parcel D.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 105. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF MACKAY,
IDAHO.
(a) Conveyance Required.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall convey,
without consideration, to the City of Mackay, Idaho (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to a parcel of Bureau of Land Management land,
including roads thereon, identified as parcel D on the map entitled
``Custer County and City of Mackay Conveyances'' and dated September
13, 2006.
(b) Survey.--The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the Secretary.
(c) Road Access.--In making the conveyance under subsection (a) to
the City, the Secretary shall include a deed restriction requiring that
the roads referred to in such subsection shall remain open to the
public to provide access to adjacent Federal land and private property.
(d) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 106. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF CHALLIS,
IDAHO.
(a) Conveyance Required.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall convey,
without consideration, to the City of Challis, Idaho (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to parcels of Bureau of Land Management land,
including roads thereon, identified as parcels B and E on the map
entitled ``Custer County and City of Challis Conveyances'' and dated
September 13, 2006.
(b) Survey.--The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the Secretary.
(c) Road Access.--In making the conveyance under subsection (a) to
the City, the Secretary shall include a deed restriction requiring that
the roads referred to in such subsection shall remain open to the
public to provide access to adjacent Federal land and private property.
(d) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 107. LAND CONVEYANCE, DESIGNATED BLM LAND TO CUSTER COUNTY, IDAHO.
(a) Conveyance Required.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall convey,
without consideration, to the Custer County, Idaho (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to parcels of Bureau of Land Management land,
including roads thereon, identified as follows:
(1) Parcels A, C, D, and F on the map entitled ``Custer
County and City of Challis Conveyances'' and dated September
13, 2006.
(2) Parcels A, B, C, E, and F on the map entitled ``Custer
County and City of Mackay Conveyances'' and dated September 13,
2006.
(b) Survey.--The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the Secretary.
(c) Road Access.--In making the conveyance under subsection (a) to
the County, the Secretary shall include a deed restriction requiring
that the roads referred to in such subsection shall remain open to the
public to provide access to adjacent Federal land and private property.
(d) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 108. LAND CONVEYANCE AUTHORITY, SUPPORT FOR MOTORIZED AND BICYCLE
RECREATION, PUBLIC LAND IN CENTRAL IDAHO.
(a) Motorized Recreation Park.--Subject to subsection (b), the
Secretary of the Interior shall convey, without consideration, to the
State of Idaho (in this section referred to as the ``State'') all
right, title, and interest of the United States in and to a parcel or
parcels of Bureau of Land Management land, including roads thereon,
consisting of approximately 1000 acres near Boise, Idaho, and
identified for conveyance under this section on the map entitled
``STATE OF IDAHO--Boise Motorized Park Conveyance'' and dated November
1, 2006, for the purpose of permitting the State to establish a
motorized recreation park on the land. As a condition of the conveyance
of the land, the State shall agree to include a beginner track as part
of the recreation park to be used to teach safe, responsible riding
techniques and to establish areas for riders with different levels of
skills.
(b) Reservation of Portion for Mountain Bike Use.--As a condition
of the conveyance of the land under subsection (a), the State shall
reserve 20 acres of the conveyed land for the use of mountain bikes.
(c) Survey.--The exact acreage and legal description of the land to
be conveyed under this section shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the State.
(d) Road Access.--In making a conveyance under subsection (a) to
the State, the Secretary shall include a deed restriction requiring
that the roads referred to in such subsection shall remain open to the
public to provide access to adjacent Federal land and private property.
(e) Additional Term and Conditions.--The Secretary concerned may
require such additional terms and conditions in connection with the
conveyance under this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 109. TREATMENT OF EXISTING ROADS AND TRAILS.
In making the conveyances required by this title, the Secretary of
Agriculture and the Secretary of the Interior shall include deed
restrictions to ensure that any roads and trails located on the
conveyed land remain open to public use notwithstanding any subsequent
conveyance of the land by the recipient of the land.
SEC. 110. STANLEY-REDFISH LAKE BIKE AND SNOWMOBILE TRAIL AND RELATED
PARKING LOT.
(a) Development of Trail.--The Secretary of Agriculture shall
design, construct, and maintain a hardened surface trail between the
City of Stanley, Idaho, and Redfish Lake that is designated for use--
(1) by pedestrians and non-motorized vehicles generally;
and
(2) as a snowmobile route when there is adequate snow
cover.
(b) Acquisition From Willing Sellers.--Any land or interests in
land to be acquired by the Secretary for construction of the paved
trail required by subsection (a) shall be acquired only by donation or
by purchase from willing sellers.
(c) Assistance for Construction of Parking Lot.--The Secretary may
make a grant to the City of Stanley, Idaho, to assist the City in
constructing a parking lot on City property at the north end of the
trail required by subsection (a) for use for snowmobile and general
parking and for other purposes related to the trail.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary--
(A) $400,000 for the design, construction, and
maintenance of the trail required by subsection (a) and
for land acquisition associated with the construction
of the trail; and
(B) $100,000 for the grant under subsection (c).
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations contained in paragraph (1)
shall remain available until expended.
SEC. 111. SUPPORT FOR OTHER TRAIL CONSTRUCTION AND MAINTENANCE
ACTIVITIES.
There is authorized to be appropriated to the Secretary of
Agriculture or the Secretary of the Interior $50,000 for the
construction and maintenance of bicycle trails in the State of Idaho,
including bicycle trails to be established on the portion of the public
land conveyed under section 108 that is reserved for mountain bike use
under subsection (b) of such section. Amounts appropriated pursuant to
this authorization of appropriations shall remain available until
expended.
SEC. 112. SUPPORT FOR OUTFITTER AND GUIDE ACTIVITIES.
(a) Existing Operating Permits.--
(1) Extension.--Before the end of the one-year period
beginning on the date of the enactment of this Act, the
Secretary of Agriculture and the Secretary of the Interior
shall grant, for each guide or outfitter operating permit
described in paragraph (2), a 10-year extension beyond the
expiration date of the current permit. The Secretary concerned
may require the modification of the extended permit as
necessary to comply with the requirements of this Act.
(2) Covered permits.--Paragraph (1) applies to each guide
and outfitter operating permit in effect as of the date of the
enactment of this Act that authorized activities on lands
included in a wilderness area designated by title II or the
Boulder-White Cloud Management Area established by title III.
(3) Exception.--The Secretary of Agriculture or the
Secretary of the Interior may refuse to grant the extension of
a permit under paragraph (1) only if the Secretary concerned
determines that the permittee has not operated in a
satisfactory manner in compliance with the terms and conditions
of the permit.
(b) Future Outfitter and Guide Activities.--Future extensions of
outfitter and guide activities and permits for outfitters on lands
included in a wilderness area designated by title II or the Boulder-
White Cloud Management Area established by title III shall be
administered in accordance with applicable Federal laws and resource
management plans. No person shall conduct outfitter and guide
activities on such Federal land except as authorized by the Secretary
concerned.
SEC. 113. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC DEVELOPMENT AND
RECREATION.
(a) Grant to Custer County, Idaho.--The Secretary of Agriculture
may make a grant to Custer County, Idaho, for the purpose of assisting
the County in supporting sustainable economic development in the
County.
(b) Grant to State of Idaho.--The Secretary of Agriculture may make
a grant to the State of Idaho Parks and Recreation Department for the
purpose of assisting the State in acquiring and developing Bayhorse
Campground for use as a State park.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture--
(1) $5,100,000 to make the grant under subsection (a); and
(2) $500,000 to make the grant under subsection (b).
SEC. 114. EXPANSION AND IMPROVEMENT OF HERD LAKE CAMPGROUND.
(a) Expansion and Improvement of Campground.--The Secretary of the
Interior shall expand and improve the Herd Lake Campground facilities
located below the outlet of Herd Lake.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $500,000 to carry out this section.
Amounts appropriated pursuant to this authorization of appropriations
shall remain available until expended.
TITLE II--CENTRAL IDAHO WILDERNESS AREAS
SEC. 201. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--Congress has determined that the following lands in
central Idaho shall be designated as wilderness and managed as
components of the National Wilderness Preservation System:
(1) Hemingway-boulders wilderness.--Certain Federal land in
the Sawtooth and Challis National Forests, comprising
approximately 110,438 acres, as generally depicted on the map
entitled ``Hemingway-Boulders Proposed Wilderness'' and dated
November 15, 2006, which shall be known as the ``Hemingway-
Boulders Wilderness''.
(2) White clouds wilderness.--Certain Federal land in the
Sawtooth and Challis National Forests, comprising approximately
76,657 acres, as generally depicted on the map entitled ``White
Clouds Proposed Wilderness'' and dated November 15, 2006, which
shall be known as the ``White Clouds Wilderness''.
(3) Jerry peak wilderness.--Certain Federal land in the
Challis National Forest and Challis District of the Bureau of
Land Management, comprising approximately 131,670 acres, as
generally depicted on the map entitled ``Jerry Peak
Wilderness'' and dated August 30, 2006, which shall be known as
the ``Jerry Peak Wilderness''. In the case of the Bureau of
Land Management land designated as wilderness by this
paragraph, the land is included in the National Landscape
Conservation System.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture, in the
case of the wilderness areas designated by paragraphs (1) and
(2) of subsection (a) and the National Forest System land
designated as wilderness by paragraph (3) of such subsection,
and the Secretary of the Interior, in the case of the Bureau of
Land Management land designated as wilderness by paragraph (3)
of such subsection, in this title referred to as the
``Secretary concerned'', shall file a map and legal description
of the wilderness areas designated by such subsection with the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--Each map and legal description shall have the
same force and effect as if included in this title, except that
the Secretary concerned may correct clerical and typographical
errors in the map or legal description.
(3) Availability.--Each map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management or the Forest Service.
(c) Withdrawal.--Subject to valid existing rights, the wilderness
areas designated in subsection (a) are withdrawn from all forms of
entry, appropriation, and disposal under the public land laws,
location, entry, and patent under the mining laws, and operation of the
mineral leasing, mineral materials, and geothermal leasing laws.
SEC. 202. GENERAL ADMINISTRATION OF WILDERNESS AREAS.
(a) Application of Wilderness Act.--Subject to valid existing
rights, the wilderness areas designated by section 201 shall be managed
by the Secretary concerned in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this title. With respect to the wilderness
areas, any reference in the Wilderness Act to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act, and any reference in the Wilderness Act to the
Secretary of Agriculture shall be deemed to be a reference to the
Secretary concerned.
(b) Consistent Interpretation to the Public.--Although the
wilderness areas designated by section 201 consist of National Forest
System land under the jurisdiction of the Secretary of Agriculture and
public land under the jurisdiction of the Secretary of the Interior,
the Secretary of Agriculture and the Secretary of the Interior shall
collaborate to assure that the wilderness areas are interpreted to the
public as an overall complex tied together by common location in the
Boulder-White Cloud Mountains and common identity with the natural and
cultural history of the State of Idaho and its Native American and
pioneer heritage.
(c) Comprehensive Wilderness Management Plan.--Not later than three
years after the date of the enactment of this Act, the Secretary of
Agriculture and Secretary of the Interior shall collaborate to develop
a comprehensive wilderness management plan for the wilderness areas
designated by section 201. The completed management plan shall be
submitted to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate.
(d) Fire, Insects, and Diseases.--Within the wilderness area
designated by section 201, the Secretary concerned may take such
measures as the Secretary concerned determines to be necessary for the
control of fire, insects, and diseases, subject to such conditions as
the Secretary concerned considers desirable, as provided in section
4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)).
(e) Wilderness Trails and Trailheads.--
(1) Construction of new trailhead.--The Secretary concerned
shall construct a new trailhead for nonmotorized users and
improve access to the Big Boulder Trailhead to separate
motorized users from nonmotorized users.
(2) Inclusion of accessible trail.--The Secretary concerned
shall upgrade the first mile of the Murdock Creek Trail in the
Hemingway-Boulders wilderness area designated by section 201 to
a primitive, non-paved, and wheelchair accessible standard.
(f) Treatment of Existing Claims and Private Lands.--Nothing in
this title is intended to affect the rights or interests in real
property, patented mining claims, or valid claims or prevent reasonable
access to private property or for the development and use of valid
mineral rights. The Secretary concerned may enter into negotiations
with the holder of a patented claim or valid claim located in a
wilderness area designated by section 201 for the voluntary
relinquishment of the claim.
(g) Grazing.--Grazing of livestock in a wilderness area designated
by section 201, where established before the date of the enactment of
this Act, shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), section
108 of Public Law 96-560, and section 101(f) of Public Law 101-628, and
in accordance with the guidelines set forth in Appendix A of House
Report 96-617 of the 96th Congress and House Report 101-405 of the
101st Congress.
(h) Commercial Outfitters and Saddle and Pack Stock.--Nothing in
this title shall preclude horseback riding or the entry of recreational
saddle or pack stock into the wilderness areas designated by section
201, including when such entry is made by commercial outfitters.
SEC. 203. ACQUISITION OF MINERAL INTERESTS AND LANDS FROM WILLING
SELLERS.
(a) Acquisition.--Within the boundaries of the wilderness areas
designated by section 201, the Secretary concerned may acquire, through
purchase from willing sellers or donation from willing owners, all
right, title, and interest in all mineral interests, claims, and
parcels of land that have been patented under the Act of May 10, 1872
(30 U.S.C. 22 et seq.; commonly known as the Mining Act of 1872).
(b) Consideration.--In exercising the authority provided by
subsection (a) to acquire lands and interests, the Secretary concerned
shall offer the owners of record of each patent, who voluntarily wish
to sell, $20,000 as compensation for the acquisition of these
interests. The Secretary concerned shall make such offers as soon as
practicable after the date of the enactment of this Act and such offers
shall remain open for acceptance during the five-year period beginning
on such date.
(c) Incorporation in Wilderness Area.--Any land or interest in land
located inside the boundaries of a wilderness area designated by
section 201 that is acquired by the United States after the date of the
enactment of this Act shall be added to and administered as part of
that wilderness area.
SEC. 204. ADJACENT MANAGEMENT.
(a) No Protective Perimeters or Buffer Zones.--Congress does not
intend for the designation of the wilderness areas by section 201 to
lead to the creation of protective perimeters or buffer zones around
any such wilderness area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses outside of a wilderness area designated by section
201 can be seen or heard from inside of the wilderness area shall not
preclude the conduct of those activities or uses outside the boundaries
of the wilderness area.
SEC. 205. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133),
nothing in this title precludes a Federal, State, or local agency from
conducting wildfire management operations, including operations using
aircraft or mechanized equipment, to manage wildfires in the wilderness
areas designated by section 201.
SEC. 206. WATER RIGHTS.
(a) Findings.--Congress finds the following:
(1) The lands designated as wilderness areas by section 201
are located at the headwaters of the streams and rivers on
those lands, with few, if any, actual or proposed water
resource facilities located upstream from such lands and few,
if any, opportunities for diversion, storage, or other uses of
water occurring outside such lands that would adversely affect
the wilderness values of such lands.
(2) The lands designated as wilderness areas by section 201
are not suitable for use for development of new water resource
facilities or for the expansion of existing facilities.
(3) Therefore, it is possible to provide for proper
management and protection of the wilderness value of the lands
designated as wilderness areas by section 201 in ways different
from the ways utilized in other laws designating wilderness
areas.
(b) Purpose.--The purpose of this section is to protect the
wilderness values of the lands designated as wilderness areas by
section 201 by means other than a federally reserved water right.
(c) Statutory Construction.--Nothing in this title--
(1) shall constitute, or be construed to constitute, either
an express or implied reservation by the United States of any
water or water rights with respect to the wilderness areas
designated by section 201;
(2) shall affect any water rights in the State of Idaho
existing on the date of the enactment of this Act, including
any water rights held by the United States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(4) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State of Idaho and other States; and
(5) shall be construed as limiting, altering, modifying, or
amending provisions of Public Law 92-400, which established the
Sawtooth National Recreation Area (16 U.S.C. 460aa et seq.).
(d) Idaho Water Law.--The Secretary concerned shall follow the
procedural and substantive requirements of the law of the State of
Idaho when seeking to establish any water rights, not in existence on
the date of the enactment of this Act, with respect to the wilderness
areas designated by section 201.
(e) New Projects.--
(1) Prohibition.--Except as otherwise provided in this Act,
on and after the date of the enactment of this Act, neither the
President nor any other officer, employee, or agent of the
United States shall fund, assist, authorize, or issue a license
or permit for the development of any new water resource
facility inside any of the wilderness areas designated by
section 201.
(2) Definition.--In this subsection, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
SEC. 207. WILDLIFE MANAGEMENT.
(a) State Jurisdiction.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or
diminishes the jurisdiction of the State of Idaho with respect to fish
and wildlife management, including the regulation of hunting, fishing,
and trapping, in the wilderness areas designated by section 201.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to support such
populations may be carried out within wilderness areas designated by
section 201 where consistent with relevant wilderness management plans,
in accordance with appropriate policies such as those set forth in
Appendix B of House Report 101-405 of the 101st Congress, including the
occasional and temporary use of motorized vehicles, if such use, as
determined by the Secretary concerned would promote healthy, viable,
and more naturally distributed wildlife populations that would enhance
wilderness values and accomplish those purposes using the minimum tool
necessary to reasonably accomplish the task.
(c) Use of Aircraft.--Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appropriate
policies such as those set forth in Appendix B of House Report 101-405
of the 101st Congress, the State of Idaho may continue to use aircraft,
including helicopters, to survey, capture, transplant, monitor, and
manage elk, deer, bighorn sheep, mountain goats, wolves, grizzly bears,
and other wildlife and fish.
(d) Hunting, Fishing, and Trapping.--Nothing in this title shall
affect hunting, fishing, and trapping, under applicable State and
Federal laws and regulations, in the wilderness areas designated by
section 201. The Secretary concerned may designate, by regulation in
consultation with the appropriate State agency (except in emergencies),
areas in which, and establish periods during which, for reasons of
public safety, administration, or compliance with applicable laws, no
hunting, fishing, or trapping will be permitted in the wilderness
areas.
SEC. 208. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title shall be construed to diminish the rights of
any Indian tribe. Nothing in this title shall be construed to diminish
tribal rights regarding access to Federal lands for tribal activities,
including spiritual, cultural, and traditional food-gathering
activities.
SEC. 209. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft over the
wilderness areas designated by section 201, including military
overflights that can be seen or heard within the wilderness
areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 210. WILDERNESS REVIEW.
(a) National Forests.--Section 5 of Public Law 92-400 (16 U.S.C.
460aa-4), which required a review of the undeveloped and unimproved
portion or portions of the Sawtooth National Recreation Area
established by that Act as to suitability or nonsuitability for
preservation as part of the National Wilderness Preservation System, is
repealed.
(b) Public Lands.--
(1) Finding.--Congress finds that, for the purpose of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land administered by the
Bureau of Land Management in the following areas have been
adequately studied for wilderness designation:
(A) The Jerry Peak Wilderness Study Area.
(B) The Jerry Peak West Wilderness Study Area.
(C) The Corral-Horse Basin Wilderness Study Area.
(D) The Boulder Creek Wilderness Study Area.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by this title--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with land
management plans adopted under section 202 of that Act
(43 U.S.C. 1712).
TITLE III--BOULDER-WHITE CLOUDS MANAGEMENT AREA
SEC. 301. ESTABLISHMENT OF MANAGEMENT AREA.
(a) Findings and Purposes.--In the case of those Federal lands not
designated as wilderness in title II, Congress has examined the
management alternatives for such lands and finds that the designation
of such lands as a special management area will provide outstanding
opportunities for many forms of recreation, including mountain biking,
snowmobiling, and the use of off-road motorized vehicles. The purpose
of this title is to statutorily provide for the continued management of
such lands for motorized and other recreational opportunities,
livestock grazing, and conservation and resource protection in
accordance with the existing management areas, plans, and applicable
authorities of the Challis National Forest, the Sawtooth National
Forest, the Sawtooth National Recreation Area, and the Challis District
of the Bureau of Land Management. In addition, it is the purpose of
this title to provide that motorized use of such lands shall be allowed
in accordance with the travel maps entitled ``Boulder-White Clouds
Management Area Travel Plan'' and ``Boulder-White Clouds Management
Area Winter Travel Plan'' and dated November 15, 2006.
(b) Establishment.--
(1) Establishment.--Those Federal lands in the Challis
National Forest, the Sawtooth National Forest, the Sawtooth
National Recreation Area, and the Challis District of the
Bureau of Land Management that are not designated as wilderness
in title II, as generally depicted on the map entitled
``Boulder-White Clouds Management Area'' and dated November 15,
2006, are hereby designated as the Boulder-White Clouds
Management Area and shall be managed as provided by this title.
(2) Relation to sawtooth national recreation area.--The
designation of land already in the Sawtooth National Recreation
Area for inclusion in both the management area and the Sawtooth
National Recreation Area is declared to be supplemental to, not
in derogation of, the Sawtooth National Recreation Area.
(3) Management area defined.--In this title, the term
``management area'' means the Boulder-White Clouds Management
Area designated by this subsection.
(c) Administration.--
(1) Secretary concerned defined.--In this title, the term
``Secretary concerned'' means--
(A) the Secretary of Agriculture, in the case of
National Forest System lands included in the management
area; and
(B) the Secretary of the Interior, in the case of
public lands included in the management area.
(2) Administration.--Except as otherwise provided in this
title, the Secretary concerned shall administer the management
area in accordance with this title and the laws and regulations
generally applicable to the National Forest System lands and
the public lands included in administrative areas in existence
as of the date of the enactment of this Act and in accordance
with the management plans of the Sawtooth National Recreation
Area, the Challis National Forest, the Sawtooth National
Forest, and the Challis District of the Bureau of Land
Management in existence as of that date.
(3) Relation to sawtooth national recreation area.--If
lands in the management area are also included in the Sawtooth
National Recreation Area, the Secretary of Agriculture shall
also administer that land in accordance with Public Law 92-400
(16 U.S.C. 460aa et seq.).
(4) Continued reference to existing administrative units.--
Notwithstanding the establishment of the management area, the
administrative units in effect as of the date of the enactment
of this Act and known as the Sawtooth National Recreation Area,
the Challis National Forest, the Sawtooth National Forest, and
the Challis District of the Bureau of Land Management,
including areas within the administrative units established as
the management area, shall continue to be known as the Sawtooth
National Recreation Area, the Challis National Forest, the
Sawtooth National Forest, and the Challis District of the
Bureau of Land Management, respectively, and shall be so
designated on any signs and maps prepared by the Secretary
concerned.
(d) Development.--No new roads may be constructed within the
management area, except as necessary for access to campgrounds and
other recreation areas as determined by the Secretary concerned. Roads
may be maintained and relocated as necessary. The Secretary concerned
shall permit the mining and removal of gravel, sand, and rock along
existing roads in the management area as necessary for road maintenance
in accordance with the applicable management plan.
(e) Timber Harvesting.--Timber harvesting may be allowed on lands
in the management area only in accordance with the management plan
applicable to the lands and for necessary control of fire, insects, and
diseases and for public safety.
(f) Trails.--
(1) Construction, maintenance, and improvements.--There is
authorized to be appropriated to the Secretary of Agriculture
and the Secretary of the Interior $650,000 for trail
construction and maintenance and for other improvements related
to outfitting, guiding, hiking, and horseback use within the
management area. Amounts appropriated pursuant to this
authorization of appropriations shall remain available until
expended.
(2) Set-aside for trail construction.--Of the amounts
appropriated pursuant to the authorization of appropriations in
paragraph (1), $150,000 shall be available for the construction
of--
(A) a trail between the Phyllis Lake Road (USFS
Road #053) and Phyllis Lake, which shall be primitive
and non-paved, but wheelchair accessible, and open only
to non-motorized travel; and
(B) the primitive and non-paved, but wheelchair
accessible, trail along Murdock Creek in the Hemingway-
Boulders wilderness area required by section 202(e)(2).
SEC. 302. LAND ACQUISITION IN MANAGEMENT AREA.
(a) Land Acquisition.--The Secretary concerned may acquire, by
donation or purchase from willing sellers, lands and interests in
lands--
(1) located inside the boundaries of the management area;
or
(2) located adjacent to the management area to provide
easements for additional public access to the management area.
(b) Limitation on Use of Condemnation.--No lands or interests in
lands may be acquired by condemnation for inclusion in the management
area or to provide access to the management area, except as provided
for by Public Law 92-400 (16 U.S.C. 460aa et seq.) and regulations, in
effect as of the date of the enactment of this Act, for the use of
private land in the Sawtooth National Recreation Area (sections 36
292.14-292.16 of title 36, Code of Federal Regulations).
(c) Authorization of Appropriations.--There is authorized to be
appropriated not more than $5,000,000 to carry out this section.
Amounts appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 303. MOTORIZED AND BICYCLE TRAVEL.
(a) Motorized and Bicycle Travel Authorized.--
(1) BLM land.--In the case of public land included in the
management area, notwithstanding the status of any other road
or trail, motorized and bicycle travel shall continue to be
allowed on the Spar Canyon, Herd Lake, and Road Creek routes.
(2) Forest service land.--In the case of National Forest
System land included in the management area, except wilderness
areas, motorized, snowmobile, and bicycle travel shall continue
to be allowed in accordance with Forest Service travel plans
and maps in existence as of September 1, 2003, which managed
recreation use for the specific areas, roads, and trails on
that land, as referenced on the travel maps entitled ``Boulder-
White Clouds Management Area Travel Plan'' and ``Boulder-White
Clouds Management Area Winter Travel Plan'' and dated November
15, 2006.
(3) Access to recreational facilities.--Any road within the
management area that is in existence on the date of the
enactment of this Act and provides access to a developed
recreational facility of the Forest Service or Bureau of Land
Management shall remain open to motorized and bicycle travel.
(b) Establishment or Use of Other Trails and Routes.--
Notwithstanding subsection (a), other trails and routes may be used for
motorized and bicycle travel whenever the Secretary concerned considers
such use to be necessary for administrative purposes or to respond to
an emergency.
(c) Route and Trail Closures.--The following roads or trails shall
be closed to motorized and mechanized trail use, except when there is
adequate snowcover to permit snowmobile use:
(1) Forest Service Trail 109 between the Phyllis Lake
turnoff to 4th of July Lake and the south side of Washington
Lake.
(2) Forest Service Trail 671 up Warm Springs Creek from
Trail 104 to the wilderness boundary.
(d) Grounds for Trail Segment Closures.--Resource damage that can
be mitigated and issues of user conflict shall not be used as grounds
for the closure of a trail or route in the management area, although
the Secretary concerned may close any trail or route, or prohibit the
use of trail or route for motorized and mechanize travel, if the
Secretary determines that such closure or prohibition is the only
reasonable means available for resource protection or public safety.
(e) Mitigation of Trail Closures.--If the Secretary determines
under subsection (d) that closing an available trail or route in the
management area is necessary for resource protection or public safety,
the Secretary shall take any of the following mitigation actions,
intended to provide commensurate motorized recreation opportunities in
the same general area of the management area:
(1) Repair resource damage and secure conditions so that
closed trails may be reopened to motorized use.
(2) Replace, relocate, or reroute the trail or the trail
segment to provide a similar link between travel points.
(3) A combination of the actions specified in paragraphs
(1) and (2) and other actions to achieve the overall mitigation
objective.
(f) Relation to Other Laws.--In considering mitigation actions
under subsection (e), the Secretary concerned shall ensure that such
action is consistent with the overall objectives of the management
area. If the lands are also included in the Sawtooth National
Recreation Area, the Secretary concerned shall also administer the
action in accordance with Public Law 92-400 (16 U.S.C. 460aa et seq.),
the map referred to in subsection (a)(2), and executive orders and
other relevant laws and regulations existing on or before the date of
the enactment of this Act.
(g) BLM Travel Plan.--Not later than three years after the date of
the enactment of this Act, the Secretary of the Interior shall develop
and implement a travel plan for public land included in the management
area, but not otherwise covered by this section. The travel plan shall
be developed in accordance with the laws and regulations generally
applicable to the public land included in the management area and in
accordance with the existing management plan for the Challis District
of the Bureau of Land Management. Motorized and bicycle travel
authorized in the travel plan shall be managed in accordance with the
plan and laws and regulations generally applicable to the public land,
and not as otherwise provided for in this section. The Secretary of the
Interior shall include a map as part of the travel plan.
SEC. 304. SUPPORT AND USE OF IDAHO OFF ROAD MOTOR VEHICLE PROGRAM.
(a) Grant to Program.--There is authorized to be appropriated to
the Secretary of Agriculture not more than $1,000,000, which shall be
used by the Secretary to make a grant to the State of Idaho in the full
amount so appropriated for deposit with the Off Road Motor Vehicle
Program of the Idaho Department of State Parks and Recreation, which is
used to support the acquisition, purchase, improvement, repair,
maintenance, furnishing, and equipping of off-road motor vehicle
facilities and sites, to groom snowmobile trails, and for enforcement
activities and the rehabilitation of land damaged by off-road vehicle
users. As a condition of the grant, the State must maintain the grant
funds as a separate account of the Off Road Motor Vehicle Program and
may not use the funds except as provided by this section.
(b) Use of Grant Funds.--When the Secretary concerned determines
that additional funds are required to carry out the activities
described in subsection (a) in the management area, the Secretary may
apply for funds from the Off Road Motor Vehicle Program. Funds received
under this subsection shall be used only in the management area or in
connection with the Boise motorized recreation park authorized by
section 108.
(c) Consultation and Recommendations.--Before funds are provided
under subsection (b), the Off Road Motor Vehicle Program shall consider
any recommendations regarding the use of the funds made by the advisory
committee established as part of the program as well as public
comments.
(d) Relation to Other Laws.--Any action undertaken using funds
obtained under subsection (b) shall conform to the applicable travel
plan of the Challis National Forest, the Sawtooth National Forest, the
Sawtooth National Recreation Area, or the Challis District of the
Bureau of Land Management.
SEC. 305. AIRPORTS AND LANDING STRIPS.
No airstrips exist in the wilderness areas designated by title II.
Nothing in this Act shall be construed to restrict or preclude the use
of public or private airports or landing strips located within the
management area or adjacent to a wilderness area designated by title
II.
SEC. 306. MANAGEMENT OF RAILROAD RIDGE AREA, SAWTOOTH NATIONAL FOREST.
(a) Findings.--Congress finds the following:
(1) The Railroad Ridge area of the Sawtooth National Forest
is host to several extremely rare and sensitive plant species.
(2) The area supports some of the most unique and well-
developed alpine plant communities in Idaho, and is more
botanically diverse than most alpine communities in North
America.
(3) The area is currently closed to off road cross-country
motorized travel.
(b) Enhanced Awareness and Conservation.--There is authorized to be
appropriated to the Secretary of Agriculture $50,000 for the
development of educational materials and signage to raise the awareness
of users of the Railroad Ridge area of the uniqueness of the area and
to promote the conservation of the area.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. GRAZING MEMORANDUM OF UNDERSTANDING.
(a) Compliance With Memorandum of Understanding.--Livestock grazing
allotments that are located in whole or in part in a wilderness area
designated by title II or the watershed of the East Salmon River shall
be managed in a manner consistent with the agency intent expressed in a
memorandum of understanding to be entered into by the Regional Forester
of Forest Service Region 4, with respect to National Forest System
lands, and the State Bureau of Land Management Director for Idaho, with
respect to public lands.
(b) Management Decisions.--Any decision regarding the management of
livestock grazing allotments referred to in subsection (a) by the
Regional Forester or State Bureau of Land Management Director shall
not--
(1) require the preparation of an environmental assessment
or environmental impact statement under section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2));
or
(2) be subject to administrative appeal or judicial review,
unless the decision is alleged to be inconsistent with the
agency intent expressed in the memorandum of understanding
required by subsection (a).
(c) Submission and Availability.--The memorandum of understanding
required by subsection (a) shall be submitted to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate and shall be on file and available
for public inspection in the appropriate offices of the Forest Service
and Bureau of Land Management.
<all>