Central Idaho National Forest and Public Land Management Act Act - Requires 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 (BLM), to convey specified parcels of federal land to certain counties and cities in central Idaho.
Requires the Secretary of the Interior to convey, to the state of Idaho a specified parcel or parcels of BLM land, including roads thereon, for a motorized recreation park.
Designates specified parcels of federal land in central Idaho as wilderness areas to be managed as components of the National Wilderness Preservation System (NWPS).
Repeals existing law requiring review of portions of the Sawtooth National Recreation Area (SNRA) for possible inclusion in the NWPS.
Sets forth provisions concerning the management of federal lands in the Challis National Forest, the Sawtooth National Forest, SNRA, and the Challis District of the BLM that are not designated as wilderness areas under this Act or previous laws.
Requires the Secretary of Agriculture to complete a study for establishing the Big Wood Backcountry Trail system for mechanized and nonmotorized recreation on a portion of the Rip and Tear Trail inside the SNRA.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 192 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 192
To authorize various land conveyances involving National Forest System
lands and Bureau of Land Management lands in central Idaho to promote
economic development and recreational activities in the area, to add
certain National Forest System lands and Bureau of Land Management
lands in central Idaho to the National Wilderness Preservation System,
to provide special management requirements for certain National Forest
System lands and Bureau of Land Management lands in central Idaho, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. Simpson (for himself and Mr. Minnick) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize various land conveyances involving National Forest System
lands and Bureau of Land Management lands in central Idaho to promote
economic development and recreational activities in the area, to add
certain National Forest System lands and Bureau of Land Management
lands in central Idaho to the National Wilderness Preservation System,
to provide special management requirements for certain National Forest
System lands and Bureau of Land Management lands in central Idaho, 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
National Forest and Public Land Management 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 Forest and BLM
land to Blaine County, Idaho.
Sec. 102. Land conveyance, designated National Forest System land to
City of Stanley, Idaho.
Sec. 103. Land conveyance, designated BLM land to City of Clayton,
Idaho.
Sec. 104. Land conveyance, designated BLM land to City of Mackay,
Idaho.
Sec. 105. Land conveyance, designated BLM land to City of Challis,
Idaho.
Sec. 106. Land conveyance, designated BLM land to Custer County, Idaho.
Sec. 107. Land conveyance authority, support for motorized and bicycle
recreation, public land in Idaho.
Sec. 108. Treatment of existing roads and trails.
Sec. 109. Stanley-Redfish Lake bike and snowmobile trail and related
parking lot.
Sec. 110. Support for outfitter and guide activities.
Sec. 111. Grants to support sustainable economic development and
recreation.
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. Water rights.
Sec. 206. Wildlife management.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Military overflights.
Sec. 209. Wilderness review.
TITLE III--GENERAL PROVISIONS
Sec. 301. Management of non-wilderness lands in Challis and Sawtooth
National Forests, Sawtooth National
Recreation Area, and Challis Bureau Of Land
Management District.
Sec. 302. Big Wood Backcountry Trail system study and authorization.
Sec. 303. Support and use of Idaho Off Road Motor Vehicle Program.
Sec. 304. Management of Railroad Ridge area, Sawtooth National Forest.
Sec. 305. Livestock grazing.
Sec. 306. Land acquisition authority.
TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION
SEC. 101. 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 April 23, 2008, except that the conveyance is limited
to the parcels A, B, and C 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. 102. 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 a parcel containing a total of
approximately 68 acres, including roads and improvements, adjoining the
northeastern boundary of the City, respectively, and identified as
Parcel C on the map entitled ``Custer County and City of Stanley
Conveyances'' and dated October 1, 2006.
(b) Authorized Uses.--Parcel C may be used--
(1) to provide housing for persons working within the
Sawtooth National Recreation Area and public employees; and
(2) for other public purposes, including use as the site
for a park, cemetery, community center, or educational facility
(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 the parcel
of land identified as Parcel C on the map referred to in subsection
(a).
(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. 103. 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) Authorized Uses.--The land to be conveyed under subsection (a)
may be used only for public purposes.
(c) 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.
(d) 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.
(e) 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.
(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. 104. 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) Authorized Uses.--The land to be conveyed under subsection (a)
may be used only for public purposes.
(c) 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.
(d) 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.
(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 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) Authorized Uses.--The land to be conveyed under subsection (a)
may be used only for public purposes.
(c) 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.
(d) 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.
(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. 106. 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) Authorized Uses.--The land to be conveyed under subsection (a)
may be used only for public purposes.
(c) 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.
(d) 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.
(e) 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 AUTHORITY, SUPPORT FOR MOTORIZED AND BICYCLE
RECREATION, PUBLIC LAND IN 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. 108. 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. 109. 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) Assistance for Construction of Community Amphitheater.--The
Secretary may make a grant to the City of Stanley, Idaho to assist the
City in constructing a community amphitheater.
(e) 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;
(B) $100,000 for the grant under subsection (c);
and
(C) $200,000 for the grant under subsection (d).
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations contained in paragraph (1)
shall remain available until expended.
SEC. 110. 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 a 10-year extension for each guide or outfitter
operating permit in effect as of the date of the enactment of
this Act that authorizes activities on lands included in a
wilderness area designated by title II or covered by section
301. The Secretary concerned may require the modification of
the extended permit as necessary to comply with the
requirements of this Act.
(2) 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 lands provided
for in 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. 111. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC DEVELOPMENT AND
RECREATION.
(a) Grant to Custer County, Idaho.--
(1) Grant required.--The Secretary of Agriculture shall
make a grant of $3,000,000 to Custer County, Idaho, for the
purpose of assisting the County in supporting sustainable
economic development or for other purposes in the County.
(2) Offset.--
(A) Estimated payments; interest on amount of
underpayment.--Section 111(j) of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1721(j))
is amended by striking ``If the estimated payment
exceeds the actual royalties due, interest is owed on
the overpayment.''.
(B) Overpayments.--Section 111 of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C. 1721)
is amended by striking subsections (h) and (i).
(C) Effective date.--The amendments made by this
paragraph shall take effect one year after the date of
enactment of this Act.
(b) Additional Grant to Custer County, Idaho.--In addition to the
grant required by subsection (a), the Secretary of Agriculture and the
Secretary of Energy may make grants to Custer County, Idaho, for the
purpose of assisting the County in supporting sustainable economic
development or for other purposes in the County.
(c) 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.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture--
(1) $5,100,000 to make grants under subsection (b); and
(2) $500,000 to make the grant under subsection (c).
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
October 20, 2008, 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 October 20, 2008, 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 in accordance with--
(1) section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)); and
(2) House Report No. 98-40 of the 98th Congress.
(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) Outfitting and Guide Activities.--Consistent with section
4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(4)), commercial
services (including authorized outfitting and guide activities) are
authorized in wilderness areas designated by section 201 to the extent
necessary for activities that fulfill the recreational or other
wilderness purposes of the areas.
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 on or before January 1, 2002
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
may offer the owners of record of each patent, who voluntarily wish to
sell up to $20,000 as compensation for the acquisition of these
interests.
(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. 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. 206. 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. 207. 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. 208. 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. 209. 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--GENERAL PROVISIONS
SEC. 301. MANAGEMENT OF NON-WILDERNESS LANDS IN CHALLIS AND SAWTOOTH
NATIONAL FORESTS, SAWTOOTH NATIONAL RECREATION AREA, AND
CHALLIS BUREAU OF LAND MANAGEMENT DISTRICT.
(a) Covered Lands and Special Management Requirements.--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 lie within the perimeter of the boundary shown on
the map entitled ``Boulder White Clouds Travel Plan'' and dated October
20, 2008, and which are not designated as wilderness by section 201 or
previous laws, shall be administered in accordance with this section
and the laws and regulations generally applicable to the National
Forest System and the Bureau of Land Management, respectively.
(b) Effect on Grazing.--Nothing in this section shall be construed
to prohibit, or change the administration of, the grazing of livestock
within the area described in subsection (a).
(c) Travel Plan for BLM Lands.--
(1) Plan required.--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 the
lands within the Challis District of the Bureau of Land
Management included within the area described in subsection
(a).
(2) Elements.--The travel plan shall be developed in
accordance with the laws and regulations generally applicable
to 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 lands, and not as otherwise provided for in this
section. The Secretary of the Interior shall include a map as
part of the travel plan.
(d) Motorized Travel.--Motorized travel shall be permitted on
National Forest System lands included within the area described in
subsection (a) only on those established trails, routes, and snowmobile
areas in existence as of September 1, 2003, on which such travel was
permitted as of such date, except that other trails and routes may be
used where necessary for administrative purposes or to respond to an
emergency. No later than one year after the date of enactment of this
Act, the Secretary of Agriculture shall identify such routes and trails
and shall prepare and make available to the public a map showing such
routes and trails. Nothing in this subsection shall be construed as
precluding the Secretary from closing any trail or route from use for
purposes of resource protection or public safety.
(e) Road Closures; Winter Exceptions.--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.
(f) Prohibition on New Roads and Trails; Exceptions.--No new roads
or trails shall be established on National Forest System lands included
in the area described in subsection (a), except those which the
Secretary of Agriculture shall establish as follows:
(1) Roads and trails established by the Secretary of
Agriculture to replace roads or trails of the same character
and scope which have become nonserviceable through reasons
other than nonuse.
(2) Nonpermanent roads established by the Secretary of
Agriculture as needed for hazardous fuels reduction or other
control of fire, insect or disease control projects, or other
management purposes.
(3) 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 nonmotorized travel.
(4) The primitive and nonpaved, but wheelchair accessible,
trail along Murdock Creek in the Hemingway-Boulders wilderness
area required by section 202(e)(2).
(5) The Big Wood Backcountry Trail System required by
section 302.
(g) Trail Maintenance.--
(1) Authorization of appropriations.--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 lands designated
as wilderness in title II and Federal lands within the area
described in subsection (a). Amounts appropriated pursuant to
this authorization of appropriations shall remain available
until expended.
(2) Set-aside.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $150,000
shall be available for the construction of the trails provided
for in paragraphs (3) and (4) of subsection (f).
(h) Special Rules for Spar Canyon, Herd Lake, and Road Creek
Routes.--Notwithstanding the status of any other road or trail under
this section, motorized and bicycle travel shall continue to be allowed
on the Spar Canyon, Herd Lake, and Road Creek routes in the described
in subsection (a).
SEC. 302. BIG WOOD BACKCOUNTRY TRAIL SYSTEM STUDY AND AUTHORIZATION.
(a) Study.--Not later than three years after funds are first made
available for this purpose, the Secretary of Agriculture, in
consultation with interested parties, shall complete a study of the
suitability and feasibility of establishing the Big Wood Backcountry
Trail system for mechanized and other nonmotorized recreation on a
lower portion of the Rip and Tear Trail inside the Sawtooth National
Recreation Area, as shown on a map entitled ``Galena Trails Planning
Area''.
(b) Establishment.--If the results of the study required by
subsection (a) indicate that establishment of such trails would be
suitable and feasible, the Secretary of Agriculture shall establish the
trail system in a manner consistent with the purposes of section 301.
SEC. 303. 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 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.--If the Secretary of Agriculture determines
that additional funds are required to carry out the activities
described in subsection (a) in the perimeter of the area described in
section 301(a), the Secretary may apply for funds from the Off Road
Motor Vehicle Program. Funds received under this subsection shall be
used only in the Challis National Forest, the Sawtooth National Forest,
the Sawtooth National Recreation Area, or the Challis District of the
Bureau of Land Management or in connection with the Boise motorized
recreation park authorized by section 107.
(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. 304. 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.
SEC. 305. LIVESTOCK GRAZING.
(a) Continuation of Grazing.--With respect to the lands designated
as wilderness in section 201 or included in the area described in
section 301(a), the grazing of livestock in areas in which grazing is
established as of the date of enactment of this Act shall be allowed to
continue, subject to such reasonable regulations, policies, and
practices as the Secretary of Agriculture or the Secretary of the
Interior, as the case may be, considers necessary. Grazing of livestock
in wilderness shall be consistent with section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in
Appendix A of House Report 101-405.
(b) Inventory.--Not later than one year after the date of enactment
of this Act, the Secretary of Agriculture and the Secretary of the
Interior shall conduct an inventory of existing facilities and
improvements associated with grazing activities on the lands designated
as wilderness in section 201 or included in the area described in
section 301(a).
(c) Fencing.--The Secretary of Agriculture or the Secretary of the
Interior may construct and maintain fencing around wilderness areas
designated by section 201 and under the jurisdiction of that Secretary
as the Secretary determines to be appropriate to enhance wilderness
values.
(d) Donation of Grazing Permits or Leases.--
(1) Acceptance by secretary.--The Secretary of Agriculture
or the Secretary of the Interior shall accept the donation of
any valid existing permits or leases authorizing grazing on
public land, all or a portion of which is within a wilderness
area designated by section 201 or in the area described in
section 301(a).
(2) Termination.--With respect to each permit or lease
donated under paragraph (1), the Secretary receiving the
donation shall--
(A) terminate the grazing permit or lease; and
(B) except as provided in paragraph (3), ensure a
permanent end to grazing on the land covered by the
permit or lease.
(3) Common allotments.--
(A) In general.--If the land covered by a permit or
lease donated under paragraph (1) is also covered by
another valid existing permit or lease that is not
donated under paragraph (1), the Secretary receiving
the donation shall reduce the authorized grazing level
on the land covered by the permit or lease to reflect
the donation of the permit or lease under paragraph
(1).
(B) Authorized level.--To ensure that there is a
permanent reduction in the level of grazing on the land
covered by a permit or lease donated under paragraph
(1), the Secretary of Agriculture and the Secretary of
the Interior shall not allow grazing use to exceed the
authorized level established under subparagraph (A).
(4) Partial donation.--
(A) In general.--If a person holding a valid
grazing permit or lease donates less than the full
amount of grazing use authorized under the permit or
lease, the Secretary receiving the donation shall--
(i) reduce the authorized grazing level to
reflect the donation; and
(ii) modify the permit or lease to reflect
the revised level of use.
(B) Authorized level.--To ensure that there is a
permanent reduction in the authorized level of grazing
on the land covered by a permit or lease donated under
subparagraph (A), the Secretary of Agriculture and the
Secretary of the Interior shall not allow grazing use
to exceed the authorized level established under that
subparagraph.
SEC. 306. LAND ACQUISITION AUTHORITY.
(a) Land Acquisition.--The Secretary of Agriculture and the
Secretary of the Interior may acquire, by donation or purchase from
willing sellers, lands and interests in lands--
(1) located inside the boundaries of the area described in
section 301(a); or
(2) located adjacent to the area to provide easements for
additional public access to the area.
(b) Limitation on Use of Condemnation.--No lands or interests in
lands may be acquired by condemnation for inclusion in the area or to
provide access to the 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line