[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5343 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5343

 To promote the economic development and recreational use of National 
    Forest System lands and other public lands in central Idaho, to 
 designate certain lands in the Challis National Forest, the Sawtooth 
  National Recreation Area, and the Challis District of the Bureau of 
 Land Management as the Boulder-White Cloud Management Area to ensure 
the continued management of these lands for recreational use as well as 
   for 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

                            October 8, 2004

 Mr. Simpson introduced the following bill; which was referred to the 
                         Committee on 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 certain lands in the Challis National Forest, the Sawtooth 
  National Recreation Area, and the Challis District of the Bureau of 
 Land Management as the Boulder-White Cloud Management Area to ensure 
the continued management of these lands for recreational use as well as 
   for 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 of 2004''.
    (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, certain Sawtooth National Recreation Area 
                            land to Custer County, Idaho.
Sec. 102. Land conveyance, certain Challis National Forest land to 
                            Custer County, Idaho.
Sec. 103. Land conveyance, certain Sawtooth National Forest and BLM 
                            land to Blaine County, Idaho.
Sec. 104. Land conveyance, designated National Forest Systems land to 
                            city of Stanley, Idaho.
Sec. 105. Land conveyance, designated BLM land to city of Clayton, 
                            Idaho.
Sec. 106. Land conveyance, designated BLM land to city of Mackay, 
                            Idaho.
Sec. 107. Land conveyance, designated BLM land to city of Challis, 
                            Idaho.
Sec. 108. Land conveyance authority, support for recreation and tourism 
                            development, National Forest System land 
                            and public land in central Idaho.
Sec. 109. Stanley-Red Fish Lake bike and snowmobile trail.
Sec. 110. Support for outfitter and guide activities.
Sec. 111. Red trees phase II study regarding forest health and public 
                            safety.
Sec. 112. Grants to support sustainable economic development and 
                            recreation.
Sec. 113. Continuation of public access to Bowery National Forest Guard 
                            Station.
Sec. 114. Resumption of public access to Herd Lake Campground.
             TITLE II--BOULDER-WHITE CLOUD MANAGEMENT AREA

Sec. 201. Establishment of management area.
Sec. 202. Land acquisition in management area.
Sec. 203. Motorized and mechanized travel.
Sec. 204. Support and use of Idaho Off Road Motor Vehicle Program.
               TITLE III--CENTRAL IDAHO WILDERNESS AREAS

Sec. 301. Additions to National Wilderness Preservation System.
Sec. 302. General administration of wilderness areas.
Sec. 303. Incorporation of acquired lands and interests.
Sec. 304. Adjacent management.
Sec. 305. Wildfire management.
Sec. 306. Water rights.
Sec. 307. Wildlife management.
Sec. 308. Native American cultural and religious uses.
Sec. 309. Military overflights.
Sec. 310. Wilderness review.
                  TITLE IV--WAIVER OF GRAZING PERMITS

Sec. 401. Findings and purpose.
Sec. 402. Voluntary grazing permit waiver program.
Sec. 403. Compensation.
Sec. 404. Rules of construction.

  TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION

SEC. 101. LAND CONVEYANCE, CERTAIN 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, all right, title, and interest 
of the United States in and to the parcels of Federal land in the 
Sawtooth National Recreation Area identified for conveyance under this 
section on the map entitled ``Custer County Sawtooth Conveyance'' and 
dated November 1, 2004.
    (b) Use of Conveyed Land.--In making the conveyance under 
subsection (a) to the County, the Secretary shall include deed 
restrictions relating to the use of the conveyed land to ensure that 
such use is consistent with the planning process of the County and 
management of the Sawtooth National Recreation Area.
    (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) 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, CERTAIN CHALLIS NATIONAL FOREST 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, all right, title, and interest 
of the United States in and to the parcels of Federal land in the 
Challis National Forest identified for conveyance under this section on 
the map entitled ``Custer County Challis Conveyance'' and dated 
November 1, 2004.
    (b) Treatment of Roads and Trails.--In making the conveyance under 
subsection (a) to the County, the Secretary 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 County.
    (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) 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, CERTAIN 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, all 
right, title, and interest of the United States in and to the parcels 
of Federal land in the Sawtooth National Forest and Bureau of Land 
Management land identified for conveyance under this section on the map 
entitled ``Blaine County Conveyance'' and dated November 1, 2004.
    (b) Treatment of Roads and Trails.--In making the conveyance under 
subsection (a) to the County, the Secretary 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 County.
    (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) 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 NATIONAL FOREST SYSTEMS LAND TO 
              CITY OF STANLEY, IDAHO.

    (a) Conveyance Required.--The Secretary of Agriculture, acting 
through the Chief of the Forest Service, shall convey, without 
consideration, to the city of Stanley, Idaho, all right, title, and 
interest of the United States in and to the parcels of National Forest 
System land identified for conveyance under this section on the map 
entitled ``City of Stanley Conveyance'' and dated November 1, 2004.
    (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) 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 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, all right, title, 
and interest of the United States in and to the Bureau of Land 
Management land identified for conveyance under this section on the map 
entitled ``City of Clayton Conveyance'' and dated November 1, 2004.
    (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) 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 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, all right, title, 
and interest of the United States in and to the Bureau of Land 
Management land identified for conveyance under this section on the map 
entitled ``City of Mackay Conveyance'' and dated November 1, 2004.
    (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) 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 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, all right, title, 
and interest of the United States in and to the Bureau of Land 
Management land identified for conveyance under this section on the map 
entitled ``City of Challis Conveyance'' and dated November 1, 2004.
    (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) 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 RECREATION AND TOURISM 
              DEVELOPMENT, NATIONAL FOREST SYSTEM LAND AND PUBLIC LAND 
              IN CENTRAL IDAHO.

    (a) Recreation and Tourism Development.--The Secretary of 
Agriculture, in the case of National Forest System land, and the 
Secretary of the Interior, in the case of public land administered 
through the Bureau of Land Management, may convey, without 
consideration, to Custer County or the State of Idaho all right, title, 
and interest of the United States in and to small parcels of National 
Forest System land or public land, not to exceed 100 acres per parcel, 
to permit the County and State to use the land to create or expand 
public campgrounds, develop tourism and recreational opportunities, and 
secure access to trails in or in the vicinity of the Boulder-White 
Cloud Management Area established by title II. Federal land adjacent to 
or near Mackay Reservoir may be selected by the Secretary concerned for 
conveyance under this subsection.
    (b) Motorized Recreation Parks.--The Secretary of the Interior 
shall convey, without consideration, to the State of Idaho all right, 
title, and interest of the United States in and to four parcels of 
public land administered through the Bureau of Land Management, 
consisting of approximately 300 acres per parcel, located near Boise, 
Twin Falls, Idaho Falls, and Pocatello, Idaho, to permit the State to 
use the land to create motorized recreation parks.
    (c) Survey.--The exact acreage and legal description of land to be 
conveyed under this section shall be determined by a survey 
satisfactory to the Secretary concerned. The cost of the survey shall 
be borne by the recipient of the land.
    (d) Additional Term and Conditions.--The Secretary concerned may 
require such additional terms and conditions in connection with a 
conveyance under this section as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 109. STANLEY-RED FISH LAKE BIKE AND SNOWMOBILE TRAIL.

    (a) Development of Trail.--The Secretary of Agriculture shall 
design, construct, and maintain a paved trail along Highway 75 between 
the city of Stanley, Idaho, and Red Fish 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) Other Trail Construction and Maintenance Activities.--There is 
authorized to be appropriated $250,000 for the construction and 
maintenance of other trails for mechanized bikes in the State of Idaho. 
Amounts appropriated pursuant to this authorization of appropriations 
shall remain available until expended.

SEC. 110. SUPPORT FOR OUTFITTER AND GUIDE ACTIVITIES.

    (a) Existing Operating Permits.--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 of each guide or outfitter operating permit that, 
as of the date of the enactment of this Act, authorized activities on 
lands included in the Boulder-White Cloud Management Area established 
by title II or a wilderness area designated by subtitle III. The 
Secretary concerned may refuse to grant the extension of a permit only 
if the Secretary determines that the permittee has not operated in a 
satisfactory manner in compliance with the terms and conditions of the 
permit. The Secretary concerned may require the modification of the 
extended permit as necessary to comply with the requirements of this 
Act.
    (b) Future Outfitter and Guide Activities.--Future extensions of 
outfitter and guide activities and permits for outfitters on lands 
included in the Boulder-White Cloud Management Area established by 
title II or a wilderness area designated by subtitle III shall be 
administered in accordance with this Act and other applicable land or 
resource management plans. No person shall conduct outfitter and guide 
activities on such Federal land except as authorized by the Secretary 
concerned.

SEC. 111. RED TREES PHASE II STUDY REGARDING FOREST HEALTH AND PUBLIC 
              SAFETY.

    (a) Study Required.--Not later than June 1, 2005, the Secretary of 
Agriculture shall complete and submit to Congress a Red Trees Phase II 
study evaluating, in accordance with Federal laws and regulations, 
necessary landscape approaches to risk assessment to identify forest 
health projects that, if implemented, will effectively mitigate major 
fire risks on lands included in the Sawtooth National Recreation Area. 
The Secretary shall include, as part of the submission to Congress, 
such recommendations as the Secretary considers appropriate for the 
timely implementation of the projects, the local utilization of forest 
products derived from the projects, and conservation measures to 
protect soil, water, wildlife, recreation, and scenic values.
    (b) Treatment of Proceeds.--Notwithstanding any other provision of 
law, proceeds derived from any forest health project recommended as 
part of the study required by subsection (a), in excess of the costs 
incurred to administer the project, shall be available to the 
Secretary, without appropriation and until expended, to carry out 
conservation projects in the Boulder-White Clouds Management Area 
established by title II.

SEC. 112. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC DEVELOPMENT AND 
              RECREATION.

    (a) Grant to Custer County, Idaho.--There is appropriated to the 
Secretary of Agriculture, out of any funds in the Treasury not 
otherwise appropriated, $5,000,000, which shall be used by the 
Secretary to make a grant to Custer County, Idaho, in the full amount 
so appropriated. The grant recipient shall use the grant funds to 
support sustainable economic development in Custer County.
    (b) Grant to State of Idaho.--There is appropriated to the 
Secretary of Agriculture, out of any funds in the Treasury not 
otherwise appropriated, $500,000, which shall be used by the Secretary 
to make a grant to the State of Idaho Parks and Recreation Department, 
in the full amount so appropriated. The grant recipient shall use the 
grant funds to purchase Bayhorse Campground for use as a State park.

SEC. 113. CONTINUATION OF PUBLIC ACCESS TO BOWERY NATIONAL FOREST GUARD 
              STATION.

    (a) Construction of Road and Bridge.--To ensure continued public 
access to the Bowery Guard Station, the Secretary of Agriculture shall 
construct a new road on National Forest System lands, to the east of 
the existing private property line on the east side of the Leisinger 
property, and a new bridge over West Pass Creek as part of such road.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section. Amounts appropriated pursuant to this authorization 
of appropriations shall remain available until expended.

SEC. 114. RESUMPTION OF PUBLIC ACCESS TO HERD LAKE CAMPGROUND.

    The Secretary of the Interior shall allow motorized access to the 
Herd Lake Campground and reopen the campground for public use, 
including overnight camping, under the administration of the Bureau of 
Land Management.

             TITLE II--BOULDER-WHITE CLOUD MANAGEMENT AREA

SEC. 201. ESTABLISHMENT OF MANAGEMENT AREA.

    (a) Purpose.--Certain Federal lands in central Idaho offer 
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 these lands for these recreational 
opportunities, as well as for conservation and resource protection in 
accordance with the existing management authorities for these lands, 
whether the lands are lands included in the Challis National Forest, 
lands previously included in the Sawtooth National Recreation Area 
established by Public Law 92-400 (16 U.S.C. 460aa et seq.), or public 
lands managed by the Bureau of Land Management.
    (b) Establishment.--Certain Federal lands in the Challis National 
Forest, the Sawtooth National Recreation Area, and the Challis District 
of the Bureau of Land Management, which comprise approximately ____ 
acres and are generally depicted on the map entitled ``Boulder-White 
Cloud Management Area proposal'', are hereby established as the Boulder 
White Cloud Management Area (in this title referred to as the 
``management area'') and shall be managed as provided by this title.
    (c) Administration.--Except as otherwise provided in this title, 
the Secretary of Agriculture, in the case of National Forest System 
lands included in the management area, and the Secretary of the 
Interior, in the case of public lands included in the management area, 
in this title referred to as 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 the management area. Lands 
included in the management area that are also included in the Sawtooth 
National Recreation Area shall also be administered in accordance with 
Public Law 92-400 (16 U.S.C. 460aa et seq.).
    (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 shall 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) Trail Maintenance and Improvement.--There is authorized to be 
appropriated to the Secretary of Agriculture and the Secretary of the 
Interior $500,000 for trail maintenance and 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.

SEC. 202. 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) No 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.
    (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. 203. MOTORIZED AND MECHANIZED TRAVEL.

    (a) Motorized and Mechanized Travel Authorized.--Motorized and 
mechanized travel shall continue in the management area, but only on 
designated trails, routes, and areas in accordance with Forest Service 
and Bureau of Land Management travel plans and maps in existence as of 
September 1, 2003, which managed recreation use for the specific areas, 
roads, and trails on lands included in the management area. Not later 
than one year after the date of the enactment of this Act, the 
Secretary concerned shall identify such routes, trails, and areas and 
shall prepare and make available to the public a map showing such 
routes, trails, and areas.
    (b) Establishment or Use of Other Trails and Routes.--
Notwithstanding subsection (a), other trails and routes may be used for 
motorized and mechanized 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 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 north side of Washington 
        Lake.
            (2) Forest Service Trail 671 up Warm Springs Creek from 
        Trail 104 to the wilderness boundary.
    (d) Grounds for Trail 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 resourse 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 
elsewhere in 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 a trail or trail segment.
            (3) Upgrade existing trails so as increase user capacity.
            (4) A combination of the actions specified in paragraphs 
        (1), (2), and (3) 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 travel plan in existence as of September 1, 2003, for the Sawtooth 
National Recreation Area, and executive orders and other relevant laws 
and regulations existing on or before that date.

SEC. 204. 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.
    (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 Recreation 
Area, or the Challis District of the Bureau of Land Management.

               TITLE III--CENTRAL IDAHO WILDERNESS AREAS

SEC. 301. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--The following lands in the State of Idaho are 
designated as wilderness and as components of the National Wilderness 
Preservation System:
            (1) Ernest hemingway wilderness.--Certain Federal land in 
        the Sawtooth and Challis National Forests, comprising 
        approximately 72,500 acres, as generally depicted on the map 
        entitled ``Ernest Hemingway'' and dated ______, which shall be 
        known as the ``Ernest Hemingway Wilderness''.
            (2) White clouds wilderness.--Certain Federal land in the 
        the Sawtooth and Challis National Forests, comprising 
        approximately 74,700 acres, as generally depicted on the map 
        entitled ``White Clouds'' and dated _______, which shall be 
        known as the ``White Clouds Wilderness''.
            (3) Jerry peak wilderness.--Certain public land 
        administered by the Bureau of Land Management, comprising 
        approximately 146,900 acres, as generally depicted on the map 
        entitled ``Jerry Peak Wilderness'' and dated ______, which 
        shall be known as the ``Jerry Peak Wilderness''.
    (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 Secretary of the Interior, in 
        the case of the wilderness area designated 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. 302. GENERAL ADMINISTRATION OF WILDERNESS AREAS.

    (a) Application of Wilderness Act.--Subject to valid existing 
rights, the wilderness areas designated by section 301 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 301 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 301. 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 301, 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 Wickiup Trail (#684) and at the Big 
        Boulder Trailhead to separate motorized/mechanized users from 
        nonmotorized/mechanized users.
            (2) Inclusion of accessible trails.--The Secretary 
        concerned may establish wheelchair accessible trails into the 
        wilderness areas designated by section 301, including the 
        Bowery Creek Guard Station along the West Fork of the East Fork 
        of the Salmon River.
    (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 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 301 for the voluntary relinquishment of the claim.
    (g) Grazing.--Grazing of livestock in a wilderness area designated 
by section 301, 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 
301, including when such entry is made by commercial outfitters.

SEC. 303. INCORPORATION OF ACQUIRED LANDS AND INTERESTS.

    Any land or interest in land located inside the boundaries of a 
wilderness area designated by section 301 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 the wilderness area.

SEC. 304. ADJACENT MANAGEMENT.

    (a) No Protective Perimeters or Buffer Zones.--Congress does not 
intend for the designation of the wilderness areas by section 301 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 
301 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. 305. 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 301.

SEC. 306. WATER RIGHTS.

    (a) Findings.--Congress finds the following:
            (1) The lands designated as wilderness areas by section 301 
        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 301 
        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 301 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 301 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 301;
            (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 301.
    (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 301.
            (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. 307. 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 301.
    (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 301 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 is the minimum impact 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 bighorn sheep, mountain goats, wolves, and grizzly bears.
    (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 301. 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. 308. 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. 309. MILITARY OVERFLIGHTS.

    Nothing in this title restricts or precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas designated by section 301, 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. 310. 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 IV--WAIVER OF GRAZING PERMITS

SEC. 401. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Grazing allotments on the lands designated as 
        wilderness by title III, and on nearby Federal lands, have been 
        reduced repeatedly by Forest Service and other Federal agency 
        decisions reflecting changes in the management of such lands.
            (2) Future management changes for these lands directed to 
        the watershed recovery for the purposes of restoration of 
        endangered fish populations may result in additional grazing 
        restrictions.
            (3) Many of the ranching families who have used these lands 
        have found themselves unable to survive economically or to 
        recapture lost economic opportunities as a consequence of the 
        location of their ranching operations.
    (b) Purpose.--The purpose of this title is to protect the 
environmental integrity of the lands designated as wilderness by title 
III and to offer economic options for traditional users of such lands 
who have been adversely impacted by past changes, and will be adversely 
impacted by future changes, in the management of such lands.

SEC. 402. VOLUNTARY GRAZING PERMIT WAIVER PROGRAM.

    (a) Eligibility for Participation.--Only persons that held, on 
September 30, 2004, a valid grazing permit located in whole or in part 
in the Bolder-White Cloud Management Area, a wilderness area designated 
by title III, the Sawtooth National Recreation Area, or the watershed 
of the East Fork Salmon River shall be eligible to participate in the 
voluntary grazing permit waiver program under this title.
    (b) Notice of Participation.--If a person described in subsection 
(a) desires to participate in the voluntary grazing permit waiver 
program under this title, the person shall notify the Federal agency 
from which the person obtained the permit, in writing, not later than 
one year after the date of the enactment of this Act, of the voluntary 
decision of the person to participate in the program in exchange for 
compensation under section 403. Nothing in this subsection prevents a 
person described in subsection (a) from waiving, at any time, a grazing 
permit without compensation.
    (c) Waiver.--In the notification submitted under subsection (b), 
the person shall agree to waive the valid grazing permit authorizing 
livestock grazing on grazing allotments located in whole or in part on 
lands described in subsection (a). The waiver shall take effect on the 
date the person receives the compensation provided under section 403, 
the date the person makes the waiver by donation, or the date the 
person receives appropriate compensation from a third party, whichever 
occurs first. Notwithstanding any other provision of law, a person who 
waives a permit under this section shall be deemed to have waived any 
claim to all range developments on the subject grazing allotment or 
allotments.
    (d) Cancellation.--Not later than 30 days after receiving a waiver 
notification under subsection (b), the Federal agency shall cancel the 
permitted grazing on the Federal land in the allotments covered by the 
notification. Upon cancellation, grazing permits shall be prohibited in 
the areas where permits were waived, and no future management 
allocations for grazing shall be permitted.
    (e) Treatment of Vacant Allotments.--Any vacant, unallocated 
grazing allotments in existence on lands described in subsection (a) 
shall not be made available to any person after the date of the 
enactment of this Act.

SEC. 403. COMPENSATION.

    (a) Eligibility and Amount of Compensation.--The Federal agency may 
make a payment to permittees described in subsection (a) of section 402 
who waive grazing permits as provided in subsection (b) of such section 
according to a schedule of payments prepared jointly by such agencies 
and filed with the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate. The total amount available for such payments is $7,000,000. 
If a permittee is in arrears of Federal grazing fees, the amount of 
fees in arrears shall be deducted from the amount of compensation 
otherwise due the permittee under this subsection.
    (b) Exceptions.--Compensation shall not be provided under this 
section if the permittee waives the permit by donation. The amount of 
any compensation the permittee receives from a third party for the 
waiver of the permit shall be deducted from the amount of compensation 
otherwise due the permittee under subsection (a).

SEC. 404. RULES OF CONSTRUCTION.

    Nothing in this title shall be construed to affect the authority of 
a Federal agency to otherwise modify or terminate grazing permits or 
leases without compensation, except that nothing in this title shall be 
construed to authorize the use of eminent domain for such purpose. 
Nothing in this title shall be construed to create a property right in 
any grazing permit or lease on Federal lands or to establish a 
precedent for future grazing permit buyout programs.
                                 <all>