Central Idaho Economic Development and Recreation Act - Designates specified parcels of federal land in central Idaho as wilderness areas and as components of the National Wilderness Preservation System (NWPS).
Repeals existing law requiring review of portions of the Sawtooth National Recreation Area for possible inclusion in the NWPS.
Provides for the use of an appropriate site in the vicinity of the Smiley Creek community in Blaine County in central Idaho for construction and use of a fire station for the Smiley Creek Rural Fire Protection District. Authorizes: (1) the use of such site through a special use permit or conveyance to the District, and (2) the issuance of a special use permit to the District for development of a well for fire protection and other public purposes.
Requires the conveyance of specified parcels of federal land to Blaine and Custer Counties and the cities of Challis and Clayton in central Idaho.
Sets forth requirements regarding trail management in Germania Creek Trail, Forest Service Trails 109 and 671, and Frog Lake Loop Trail.
Authorizes such improvements as may be necessary for maintenance of the first mile of the Murdock Creek Trail as a primitive, nonpaved, and wheel-chair accessible trail.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 145 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 145
To establish certain wilderness areas in central Idaho and to authorize
various land conveyances involving National Forest System land and
Bureau of Land Management land in central Idaho.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mr. Simpson introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish certain wilderness areas in central Idaho and to authorize
various land conveyances involving National Forest System land and
Bureau of Land Management land in central Idaho.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; 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; table of contents.
Sec. 2. Definitions.
TITLE I--WILDERNESS DESIGNATIONS
Sec. 101. Additions to the National Wilderness Preservation System.
Sec. 102. Administration.
Sec. 103. Water rights.
Sec. 104. Military overflights.
Sec. 105. Adjacent management.
Sec. 106. Native American cultural and religious uses.
Sec. 107. Acquisition of land and interests in land.
Sec. 108. Wilderness review.
TITLE II--LAND CONVEYANCES FOR PUBLIC PURPOSES
Sec. 201. Blaine County, Idaho.
Sec. 202. Custer County, Idaho.
Sec. 203. City of Clayton, Idaho.
Sec. 204. Terms and conditions of permits or land conveyances.
TITLE III--TRAVEL MANAGEMENT
Sec. 301. Trail management.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
land administered by the Forest Service; or
(B) the Secretary of the Interior, with respect to
land administered by the Bureau of Land Management.
(2) Wilderness area.--The term ``wilderness area'' means
any of the areas designated as a component of the National
Wilderness Preservation System by section 101(a).
TITLE I--WILDERNESS DESIGNATIONS
SEC. 101. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State of Idaho are designated
as wilderness areas and as components of the National Wilderness
Preservation System:
(1) Hemingway-boulders wilderness.--Certain Federal land in
the Sawtooth and Challis National Forests, comprising
approximately 110,370 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
90,888 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''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a map and legal description for each wilderness area.
(2) Effect.--Each map and legal description submitted under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
minor errors in the map or legal description.
(3) Availability.--Each map and legal description submitted
under paragraph (1) shall be available in the appropriate
offices of the Forest Service or the Bureau of Land Management.
(c) Inclusion in National Landscape Conservation System.--Land
administered by the Bureau of Land Management which is designated as
wilderness by this section shall be included in the National Landscape
Conservation System.
SEC. 102. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, each wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) with respect to wilderness areas that are administered
by the Secretary of the Interior, any reference in the
Wilderness Act to the Secretary of Agriculture shall be
considered to be a reference to the Secretary of the Interior.
(b) Consistent Interpretation.--The Secretary of Agriculture and
the Secretary of the Interior shall seek to ensure that the wilderness
areas are interpreted for the public as an overall complex linked by--
(1) common location in the Boulder-White Cloud Mountains;
and
(2) common identity with the natural and cultural history
of the State of Idaho and the Native American and pioneer
heritage of the State.
(c) Comprehensive Wilderness Management Plan.--Not later than 3
years after the date of enactment of this Act, the Secretary of
Agriculture and the Secretary of the Interior shall collaboratively
develop wilderness management plans for the wilderness areas.
(d) Fire, Insects, and Disease.--Within the wilderness areas, the
Secretary may take such measures as the Secretary determines to be
necessary for the control of fire, insects, and disease in accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)).
(e) Livestock.--
(1) In general.--Within the wilderness areas, the grazing
of livestock in which grazing is established before the date of
enactment of this Act shall be allowed to continue, subject to
such reasonable regulations, policies, and practices as the
Secretary determines to be necessary, in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1131(d)(4));
(B) with respect to wilderness areas administered
by the Secretary of Agriculture, the guidelines
described in House Report 96-617 of the 96th Congress;
and
(C) with respect to wilderness areas administered
by the Secretary of the Interior, the guidelines
described in appendix A of House Report 101-405 of the
101st Congress.
(2) Donation of grazing permits and leases.--
(A) Acceptance by secretary.--
(i) In general.--The Secretary shall accept
the donation of any valid existing leases or
permits authorizing grazing on public land or
National Forest System land, all or a portion
of which are within the area depicted as the
``Boulder White Clouds Grazing Area'' on the
map entitled ``Boulder White Clouds Grazing
Area Map'' and dated January 27, 2010.
(ii) Partial donation.--A person holding a
valid grazing permit or lease for a grazing
allotment partially within the area described
in clause (i) may elect to donate only the
portion of the grazing permit or lease that is
within the area.
(B) Termination.--With respect to each permit or
lease donated under subparagraph (A), the Secretary
shall--
(i) terminate the grazing permit or lease
or portion of the permit or lease; and
(ii) except as provided in subparagraph
(C), ensure a permanent end to grazing on the
land covered by the permit or lease or portion
of the permit or lease.
(C) Common allotments.--
(i) In general.--If the land covered by a
permit or lease donated under subparagraph (A)
is also covered by another valid grazing permit
or lease that is not donated, the Secretary
shall reduce the authorized level on the land
covered by the permit or lease to reflect the
donation of the permit or lease under
subparagraph (A).
(ii) Authorized level.--To ensure that
there is a permanent reduction in the level of
grazing on the land covered by the permit or
lease donated under subparagraph (A), the
Secretary shall not allow grazing use to exceed
the authorized level established under clause
(i).
(D) Partial donation.--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 shall--
(i) reduce the authorized grazing level to
reflect the donation; and
(ii) modify the permit or lease to reflect
the revised level or area of use.
(f) Outfitting and Guide Activities.--In accordance with section
4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial
services (including authorized outfitting and guide activities) within
the wilderness areas are authorized to the extent necessary for
activities which are proper for realizing the recreational or other
wilderness purposes of the wilderness areas.
(g) Fish and Wildlife.--
(1) In general.--Nothing in this title affects the
jurisdiction of the State of Idaho with respect to the
management of fish and wildlife on public land in the State,
including the regulation of hunting, fishing, and trapping
within the wilderness areas.
(2) Limitations.--The Secretary, in consultation with the
appropriate State agency (except in an emergency), may
designate areas in which, and establish periods during which,
no hunting, fishing, or trapping is permitted within the
wilderness areas for reasons of public safety, administration,
or compliance with existing laws.
(h) Access.--In accordance with section 5(a) of the Wilderness Act
(16 U.S.C. 1134(a)), the Secretary shall provide the owner of State or
private property within the boundary of a wilderness area adequate
access to the property.
SEC. 103. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this title--
(1) shall constitute either an express or implied
reservation by the United States of any water rights with
respect to the wilderness areas designated by section 101;
(2) affects any water rights--
(A) in the State of Idaho existing on the date of
enactment of this Act, including any water rights held
by the United States; or
(B) decreed in the Snake River Basin Adjudication,
including any stipulation approved by the court in such
adjudication between the United States and the State of
Idaho with respect to such water rights; or
(3)(A) establishes a precedent with regard to any future
wilderness designations; or
(B) limits, alters, modifies, or amends section 9 of the
Sawtooth National Recreation Area Act (16 U.S.C. 460aa-8).
(b) 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 101.
(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. 104. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft over the
wilderness areas, 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. 105. ADJACENT MANAGEMENT.
(a) In General.--Nothing in this title creates a protective
perimeter or buffer zone around a wilderness area.
(b) Activities Outside Wilderness Area.--The fact that an activity
or use on land outside a wilderness area can be seen or heard within
the wilderness area shall not preclude the activity or use outside the
boundary of the wilderness area.
SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title diminishes the treaty rights of any Indian
tribe.
SEC. 107. ACQUISITION OF LAND AND INTERESTS IN LAND.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of the wilderness areas
by donation, exchange, or purchase from a willing seller.
(2) Land exchange.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall seek to complete
an exchange for State land located within the boundaries of the
wilderness areas designated by this title.
(b) Incorporation in Wilderness Area.--Any land or interest in land
located inside the boundary of a wilderness area that is acquired by
the United States after the date of enactment of this Act shall be
added to, and administered as part of the, wilderness area.
SEC. 108. WILDERNESS REVIEW.
(a) National Forest System Land.--Section 5 of Public Law 92-400
(16 U.S.C. 460aa-4) is repealed.
(b) Public Land.--
(1) Finding.--Congress finds that, for purposes 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 wilderness study areas have
been adequately studied for wilderness designation:
(A) Jerry Peak Wilderness Study Area.
(B) Jerry Peak West Wilderness Study Area.
(C) Corral-Horse Basin Wilderness Study Area.
(D) Boulder Creek Wilderness Study Area.
(2) Release.--Any public land within the areas described in
paragraph (1) that is not designated as wilderness by this
title--
(A) shall not be 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 II--LAND CONVEYANCES FOR PUBLIC PURPOSES
SEC. 201. BLAINE COUNTY, IDAHO.
(a) Smiley Creek Rural Fire Protection District.--
(1) Fire station.--
(A) In general.--The Secretary of Agriculture
(referred to in this subsection as the ``Secretary''),
in consultation with the Smiley Creek Rural Fire
Protection District, shall identify an appropriate site
(not to exceed 2 acres) in the vicinity of the Smiley
Creek community, for construction and use of a fire
station for the Smiley Creek Rural Fire Protection
District.
(B) Use.--The Secretary may provide for the use of
the site identified under subparagraph (A) through a
special use permit or conveyance to the Smiley Creek
Rural Fire Protection District, without consideration.
(2) Well site.--The Secretary may issue a special use
permit to the Smiley Creek Rural Fire Protection District for
development of a well to be used for fire protection and other
public purposes on land identified by the Secretary and the
Fire Protection District as appropriate for development of a
well.
(b) School Bus Turnaround.--The Secretary of Agriculture shall
issue a special use permit or convey, without consideration, to Blaine
County, Idaho, not to exceed 1 acre of land for use as a school bus
turnaround, as generally depicted on the map entitled ``Blaine County
Conveyance--Eagle Creek Parcel--Proposed'' and dated October 1, 2006.
SEC. 202. CUSTER COUNTY, IDAHO.
(a) Park and Campground.--The Secretary of the Interior shall
convey to Custer County, Idaho, without consideration, approximately
114 acres of land depicted as ``Parcel A'' on the map entitled ``Custer
County and City of Mackay Conveyances'' and dated April 6, 2010, for
use as a public park and campground, consistent with uses allowed under
the Act of June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''), (43 U.S.C. 869 et seq.).
(b) Fire Hall.--The Secretary of the Interior shall convey to
Custer County, Idaho, without consideration, approximately 10 acres of
land depicted as ``Parcel B'' on the map entitled ``Custer County and
City of Mackay Conveyances'' and dated April 6, 2010, for use as a fire
hall, consistent with uses allowed under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act''), (43
U.S.C. 869 et seq.).
(c) Shooting Range.--The Secretary of the Interior shall convey to
Custer County, Idaho, without consideration, approximately 201 acres of
land depicted as ``Parcel A'' on the map entitled ``Custer County and
City of Challis Conveyances'' and dated February 2, 2010, to be used
for a public shooting range, consistent with uses allowed under the Act
of June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''), (43 U.S.C. 869 et seq.).
(d) Waste Transfer Site.--The Secretary of the Interior shall
convey to Custer County, Idaho, without consideration, approximately 80
acres of land depicted as ``Parcel C'' on the map entitled ``Custer
County and City of Mackay Conveyances'' and dated April 6, 2010, to be
used for a waste transfer site, consistent with uses allowed under the
Act of June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''), (43 U.S.C. 869 et seq.).
(e) Public Purposes.--The Secretary of the Interior shall convey to
the City of Challis, Idaho, without consideration, approximately 460
acres of land within the area generally depicted as ``Parcel B'' on the
map entitled ``Custer County and City of Challis Conveyances'' and
dated February 2, 2010, to be used for public purposes consistent with
uses allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act''), (43 U.S.C. 869 et seq.).
SEC. 203. CITY OF CLAYTON, IDAHO.
(a) Cemetery.--The Secretary of the Interior shall convey to the
City of Clayton, Idaho, without consideration, approximately 23 acres
of land depicted as ``Parcel A'' on the map entitled ``City of Clayton
Conveyances'' and dated April 6, 2010, for use as a public cemetery.
(b) Park.--The Secretary of the Interior shall convey to the City
of Clayton, Idaho, without consideration, approximately 2 acres of land
depicted as ``Parcel B'' on the map entitled ``City of Clayton
Conveyances'' and dated April 6, 2010, for use as a public park or
other public purpose consistent with uses allowed under the Act of June
14, 1926 (commonly known as the ``Recreation and Public Purposes
Act''), (43 U.S.C. 869 et seq.).
(c) Water Tower.--The Secretary of the Interior shall convey to the
City of Clayton, Idaho, without consideration, approximately 2 acres of
land depicted as ``Parcel C'' on the map entitled ``City of Clayton
Conveyances'' and dated April 6, 2010, for location of a water tower,
consistent with uses allowed under the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act''), (43 U.S.C. 869 et
seq.).
(d) Wastewater Treatment Facility.--The Secretary of the Interior
shall convey to the City of Clayton, Idaho, without consideration,
approximately 6 acres of land depicted as ``Parcel D'' on the map
entitled ``City of Clayton Conveyances'' and dated April 6, 2010
(including any necessary access right-of-way across the river), for use
as a wastewater treatment facility, consistent with uses allowed under
the Act of June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''), (43 U.S.C. 869 et seq.).
(e) Fire Hall.--The Secretary of the Interior shall convey to the
City of Clayton, Idaho, without consideration, approximately 2 acres of
land depicted as ``Parcel E'' on the map entitled ``City of Clayton
Conveyances'' and dated April 6, 2010, for use as a fire hall and
related purposes, consistent with uses allowed under the Act of June
14, 1926 (commonly known as the ``Recreation and Public Purposes
Act''), (43 U.S.C. 869 et seq.).
SEC. 204. TERMS AND CONDITIONS OF PERMITS OR LAND CONVEYANCES.
(a) Terms and Conditions.--The issuance of a special use permit or
the conveyance of land under this title shall be subject to any terms
and conditions that the Secretary determines to be appropriate.
(b) Reversionary Interest.--If any parcel of land conveyed under
this title ceases to be used for the public purpose for which the
parcel was conveyed, the parcel shall, at the discretion of the
Secretary, based on a determination that reversion is in the best
interests of the United States, revert to the United States.
TITLE III--TRAIL MANAGEMENT
SEC. 301. TRAIL MANAGEMENT.
(a) Germania Creek Trail.--
(1) In general.--The Secretary shall maintain a trail for
single track, 2-wheeled motorized and mechanized travel between
the Hemingway-Boulders Wilderness designated by section
101(a)(1) and the White Clouds Wilderness designated by section
101(a)(2).
(2) Management.--The Secretary shall manage the trail in
accordance with applicable laws--
(A) to provide for recreational travel;
(B) to minimize any adverse impacts to natural and
cultural resources; and
(C) subject to such terms and conditions as the
Secretary may require.
(3) Monitoring.--The Secretary shall monitor the trail to
assess whether the trail is appropriately maintained--
(A) to provide for recreational travel; and
(B) to minimize any adverse impacts to natural and
cultural resources.
(4) Closure.--The Secretary may temporarily close the trail
to any or all uses--
(A) to minimize any adverse impacts to natural and
cultural resources;
(B) to protect public safety;
(C) for maintenance or other administrative uses;
or
(D) to provide opportunities for nonmotorized uses.
(b) Forest Service Trails 109 and 671.--
(1) Closure.--Subject to paragraph (2), the following
Forest Service trails in the Sawtooth National Recreation Area
shall be closed to motorized and mechanized travel:
(A) The portion of Forest Service Trail 109 between
the Phyllis Lake turnoff to 4th of July Lake and the
south side of Washington Lake.
(B) Forest Service Trail 671 down Warm Springs
Creek from Forest Service Trail 646 to the wilderness
boundary.
(2) Exceptions.--On the trails identified in paragraph (1),
the Secretary may permit--
(A) use by over-snow vehicles when the snow cover
is adequate--
(i) to provide safe recreational travel;
and
(ii) to minimize any adverse impacts to
natural and cultural resources; and
(B) such administrative uses as the Secretary
determines to be necessary.
(c) Frog Lake Loop Trail.--
(1) In general.--Neither the designation of the White
Clouds Wilderness by section 101(a)(2) nor the exclusion of
portions of Forest Service trails 047 and 682 (commonly known
as the ``Frog Lake Loop Trail'') from the wilderness shall
affect the management of those trails for motorized or
mechanized travel in accordance with existing laws.
(2) Limitation on use.--If the Secretary allows for
motorized or mechanized travel on portions of Forest Service
trails 047 and 682, the trails shall be limited to single
track, 2-wheeled motorized and mechanized use.
(d) Accessible Trail.--The Secretary shall make such improvements
as may be necessary to maintain the first mile of the Murdock Creek
Trail as a primitive, nonpaved, and wheelchair-accessible trail.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
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