[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2718 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2718

 To authorize the exchange of certain Federal land within the State of 
                     Idaho, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

  Mr. Otter introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the exchange of certain Federal land within the State of 
                     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.

    This Act may be cited as the ``Idaho Land Enhancement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        executed in 2005, entitled ``Agreement to Initiate, Boise 
        Foothills--Northern Idaho Land Exchange'', and entered into 
        by--
                    (A) the Bureau of Land Management;
                    (B) the Forest Service;
                    (C) the State; and
                    (D) the City.
            (2) Bureau of land management land.--The term ``Bureau of 
        Land Management land'' means the approximately 605 acres of 
        land administered by the Bureau of Land Management (including 
        all appurtenances to the land) that is proposed to be acquired 
        by the State, as depicted in exhibit A2 of the Agreement.
            (3) Board.--The term ``Board'' means the Idaho State Board 
        of Land Commissioners.
            (4) City.--The term ``city'' means the city of Boise, 
        Idaho.
            (5) Federal land.--The term ``Federal land'' means the 
        Bureau of Land Management land and the National Forest System 
        land.
            (6) National forest system land.--The term ``National 
        Forest System land'' means the approximately 7,220 acres of 
        land (including all appurtenances to the land) that is--
                    (A) administered by the Secretary of Agriculture in 
                the Idaho Panhandle National Forests and the Clearwater 
                National Forest;
                    (B) proposed to be acquired by the State; and
                    (C) depicted in exhibit A2 of the Agreement.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of Idaho, 
        Department of Lands.
            (9) State land.--The term ``State land'' means the 
        approximately 11,085 acres of land (including all appurtenances 
        to the land) administered by the State that are proposed to be 
        acquired by the United States, as depicted in exhibit A1 of the 
        Agreement.

SEC. 3. LAND EXCHANGE.

    (a) In General.--In accordance with the Agreement and this Act, if 
the State offers to convey the State land to the United States, the 
Secretary and the Secretary of Agriculture shall--
            (1) accept the offer; and
            (2) on receipt of title to the State land, simultaneously 
        convey to the State the Federal land.
    (b) Additional Agreements.--The Secretary and the Secretary of 
Agriculture may enter into any additional agreements that the Secretary 
and the Secretary of Agriculture determine to be necessary or 
appropriate to supplement the Agreement, including agreements that--
            (1) provide legal descriptions of the Federal land and 
        State land (including any interests in the Federal land and 
        State land) to be exchanged under this Act;
            (2) identify all reserved and outstanding interests in the 
        Federal land and State land;
            (3) stipulate any cash equalization payments required; and
            (4) specify any other terms and conditions that are 
        necessary to complete the land exchange.
    (c) Valid Existing Rights.--The conveyance of the Federal land and 
State land shall be subject to--
            (1) all valid existing rights; and
            (2) any other reservations, terms, and conditions agreed to 
        by the Secretary, the Secretary of Agriculture, and the Board.
    (d) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and State 
        land to be exchanged under this Act--
                    (A) shall be equal; or
                    (B) shall be made equal in accordance with 
                subsection (e).
            (2) Appraisals.--
                    (A) In general.--The value of the Federal land and 
                State land shall be determined in accordance with 
                appraisals conducted in accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) any appraisal instructions of the 
                        Secretary and the Secretary of Agriculture,
                    (B) Approval.--Any appraisal conducted under 
                subparagraph (A) shall be reviewed and approved by--
                            (i) the Secretary and the Secretary of 
                        Agriculture; or
                            (ii) an interdepartmental appraisal review 
                        team established jointly by the Secretary and 
                        the Secretary of Agriculture.
    (e) Cash Equalization.--
            (1) In general.--If the value of the Federal land and State 
        land is not equal, the value may be equalized by the payment of 
        cash to the United States or to the State, as appropriate, in 
        accordance with section 206(b) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1716(b)).
            (2) Disposition and use of proceeds.--
                    (A) Disposition of proceeds.--Any cash equalization 
                payments received by the United States under paragraph 
                (1) shall be deposited in the fund established under 
                Public Law 90-171 (commonly known as the ``Sisk Act'') 
                (16 U.S.C. 484a).
                    (B) Use of proceeds.--Amounts deposited under 
                paragraph (2) shall be available to the Secretary of 
                Agriculture, without further appropriation and until 
                expended, for the acquisition of land and interests in 
                land for addition to the National Forest System in the 
                State.
    (f) Rights-of-Way.--As specified in the Agreement--
            (1) the Secretary of Agriculture, under the authority of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1701 et seq.), shall convey to the State any easements or other 
        rights-of-way to National Forest System land that are 
        appropriate to provide access to the Federal land acquired by 
        the State under this Act; and
            (2) the State shall convey to the United States any 
        easements or other rights-of-way to land owned by the State 
        that are agreed to by the Secretary of Agriculture and the 
        State.
    (g) Costs.--The City, either directly or through a collection 
agreement with the Secretary and the Secretary of Agriculture, shall 
pay the administrative costs associated with the conveyance of the 
Federal land and State land, including the costs of any field 
inspections, environmental analyses, appraisals, title examinations, 
and deed and patent preparations.

SEC. 4. MANAGEMENT OF FEDERAL LAND.

    (a) Transfer of Administrative Jurisdiction.--
            (1) In general.--There is transferred from the Secretary to 
        the Secretary of Agriculture administrative jurisdiction over 
        the land described in paragraph (2).
            (2) Description of land.--The land referred to in paragraph 
        (1) is the approximately 2,111 acres of Bureau of Land 
        Management land located in Shoshone County, Idaho, as generally 
        depicted in exhibit A3 of the Agreement.
            (3) Management.--
                    (A) In general.--On transfer of administrative 
                jurisdiction over the land to the Secretary of 
                Agriculture under paragraph (1), the land shall be 
                managed by the Secretary of Agriculture in accordance 
                with the laws (including regulations) applicable to the 
                National Forest System.
                    (B) Wilderness study areas.--Any land designated as 
                a Wilderness Study Area that is transferred to the 
                Secretary of Agriculture under paragraph (1) shall be 
                managed in a manner that preserves the suitability of 
                land for designation as wilderness until Congress 
                determines otherwise.
    (b) Additions to the National Forest System.--The Secretary of 
Agriculture shall administer any State land conveyed to the United 
States under this Act for administration by the Secretary of 
Agriculture in accordance with--
            (1) the Act of March 1, 1911 (commonly known as the ``Weeks 
        Act'') (16 U.S.C. 480 et seq.); and
            (2) any laws (including regulations) applicable to the 
        National Forest System.
    (c) Land to Be Managed by the Secretary.--The Secretary shall 
administer any State land conveyed to the United States under this Act 
for administration by the Secretary as acquired land in accordance 
with--
            (1) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (2) other applicable laws.
    (d) Land and Resource Management Plans.--
            (1) In general.--Acquisition by the United States of the 
        State land under this Act shall not require a revision or 
        amendment to the applicable land and resource management plan 
        of the Forest Service or the Bureau of Land Management.
            (2) Renewal.--When a land and resource management plan of 
        the Forest Service or the Bureau of Land Management, as 
        appropriate, is renewed, the plan shall take into account the 
        State land acquired under this Act.
            (3) Management.--Pending completion of the land and 
        resource management plan renewal process under paragraph (2), 
        the Secretary and the Secretary of Agriculture shall manage the 
        acquired State land in accordance with the standards and 
        guidelines in the applicable land and resource management plans 
        for adjacent land managed by the Secretary and the Secretary of 
        Agriculture.
    (e) National Forest Boundaries.--For purposes of section 7 of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the 
boundaries of the Idaho Panhandle National Forest and Clearwater 
National Forest, as modified by the exchange authorized by this Act, 
shall be considered to be the boundaries of the Idaho Panhandle 
National Forest and Clearwater National Forest as of January 1, 1965.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Legal Descriptions.--The Secretary, the Secretary of 
Agriculture, and the Board may modify the descriptions of land 
specified in the Agreement to--
            (1) correct errors;
            (2) make minor adjustments to the parcels based on a survey 
        or other means; or
            (3) reconfigure the parcels to facilitate the land 
        exchange.
    (b) Maps.--If there is a discrepancy between a map, acreage 
estimate, and written legal description of the Federal land or State 
land, the written legal description shall prevail.
    (c) Revocation of Orders.--Subject to valid existing rights, any 
public land orders withdrawing any of the Federal land from 
appropriation or disposal under the public land laws are revoked to the 
extent necessary to permit disposal of the Federal land.
    (d) Withdrawals.--
            (1) Federal land.--Subject to valid existing rights, 
        pending completion of the land exchange, the Federal land is 
        withdrawn from--
                    (A) all forms of location, entry, and patent under 
                the mining and public land laws; and
                    (B) disposition under the mineral leasing laws and 
                the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
                seq.).
            (2) State land.--Subject to valid existing rights, the land 
        transferred to the Secretary of Agriculture under section 4(a) 
        and, on acquisition by the United States, the State land, are 
        withdrawn from--
                    (A) all forms of location, entry, and patent under 
                the mining and public land laws; and
                    (B) disposition under the mineral leasing laws and 
                the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
                seq.).
            (3) Effect.--Nothing in this section precludes the 
        Secretary or the Secretary of Agriculture from using common 
        varieties of mineral materials for construction and maintenance 
        of Federal roads and facilities on the State land acquired 
        under this Act and any adjacent Federal land.
    (e) Congressional Finding on Need for Additional Analysis.--
Congress finds that--
            (1) the Forest Service and the Bureau of Land Management 
        have conducted adequate analyses and reviews of the 
        environmental impacts of the exchange authorized under section 
        3(a); and
            (2) no further administrative or environmental analyses or 
        examination shall be required to carry out any activities 
        authorized under this Act.
                                 <all>