[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3603 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3603
To promote the economic development and recreational use of National
Forest System lands and other public lands in central Idaho, to
designate the Boulder-White Cloud Management Area to ensure the
continued management of certain National Forest System lands and Bureau
of Land Management lands for recreational and grazing use and
conservation and resource protection, to add certain National Forest
System lands and Bureau of Land Management lands in central Idaho to
the National Wilderness Preservation System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2005
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 the Boulder-White Cloud Management Area to ensure the
continued management of certain National Forest System lands and Bureau
of Land Management lands for recreational and grazing use and
conservation and resource protection, to add certain National Forest
System lands and Bureau of Land Management lands in central Idaho to
the National Wilderness Preservation System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Central Idaho
Economic Development and Recreation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION
Sec. 101. Land conveyance, designated Sawtooth National Recreation Area
land to Custer County, Idaho.
Sec. 102. Land conveyance, designated Sawtooth National Forest and BLM
land to Blaine County, Idaho.
Sec. 103. Land conveyance, designated National Forest System land to
City of Stanley, Idaho.
Sec. 104. Land conveyance, designated BLM land to City of Clayton,
Idaho.
Sec. 105. Land conveyance, designated BLM land to City of Mackay,
Idaho.
Sec. 106. Land conveyance, designated BLM land to City of Challis,
Idaho.
Sec. 107. Land conveyance authority, support for motorized and bicycle
recreation, public land in central Idaho.
Sec. 108. Stanley-Redfish Lake bike and snowmobile trail.
Sec. 109. Support for other trail construction and maintenance
activities.
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. Expansion and improvement of Herd Lake Campground.
Sec. 115. Land exchange to eliminate State of Idaho inholdings in
Sawtooth National Recreation Area and new
wilderness areas.
TITLE II--CENTRAL IDAHO WILDERNESS AREAS
Sec. 201. Additions to National Wilderness Preservation System.
Sec. 202. General administration of wilderness areas.
Sec. 203. Acquisition of mineral interests and lands from willing
sellers.
Sec. 204. Adjacent management.
Sec. 205. Wildfire management.
Sec. 206. Water rights.
Sec. 207. Wildlife management.
Sec. 208. Native American cultural and religious uses.
Sec. 209. Military overflights.
Sec. 210. Wilderness review.
TITLE III--BOULDER-WHITE CLOUD MANAGEMENT AREA
Sec. 301. Establishment of management area.
Sec. 302. Land acquisition in management area.
Sec. 303. Motorized and bicycle travel.
Sec. 304. Support and use of Idaho Off Road Motor Vehicle Program.
Sec. 305. Airports and landing strips.
TITLE IV--WAIVER OF GRAZING PERMITS
Sec. 401. Findings and purpose.
Sec. 402. Voluntary grazing permit waiver program.
Sec. 403. Compensation.
TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION
SEC. 101. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL RECREATION AREA
LAND TO CUSTER COUNTY, IDAHO.
(a) Conveyance Required.--Subject to the deed restrictions required
by subsection (b), the Secretary of Agriculture, acting through the
Chief of the Forest Service, shall convey, without consideration, to
Custer County, Idaho (in this section referred to as the ``County''),
all right, title, and interest of the United States in and to certain
Federal land in the Sawtooth National Recreation Area consisting of a
total of approximately 86 acres, including a road encompassing
approximately 15 acres, adjoining the northern boundary of the City of
Stanley, Idaho, and identified as Parcel B on the map entitled
``_________'' and dated _____, 2005.
(b) Use of Conveyed Land.--In making the conveyance under
subsection (a) to the County, the Secretary shall include the following
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:
(1) Limitation on number of home sites.--Not more than 10
home sites may be developed on the conveyed land, and houses
and outbuildings constructed on the home sites may not be
visible from Highways 75 and 21.
(2) Limitations regarding house construction.--Not more
than one single-family house may be constructed on each home
site, and each house shall be subject to the following
requirements:
(A) Use.--Residential.
(B) Size.--Not more than 3,500 square feet gross
floor space, including attached garage, but excluding
basements, decks, and porches. No more than 26 feet in
height from natural ground level, excluding any
chimney.
(C) Design.--Western ranch-style, having
rectangular or square sections with no more than three
ridgelines, excluding dormers.
(D) Windows.--Rectangular or square, divided light,
and no more than 24 square feet in size. Windows shall
not exceed 30 percent of the area of any wall.
(E) Structural siding.--Log, log-sided, rough-sawn
lumber, board and batten, or suitable wood substitutes,
which shall be harmoniously colored or have a natural
wood finish.
(F) Roof.--Wood, composite, or non-reflective metal
in muted earth tones of brown.
(3) Limitations regarding outbuildings.--Not more than two
outbuildings may be constructed on each home site, and such
outbuildings shall be subject to the following requirements:
(A) Use.--A outbuilding may not include kitchen or
sleeping facilities or otherwise be equipped for
residential purposes.
(B) Size.--No more than 850 square feet gross floor
space in the aggregate. Single story, no more than 26
feet from natural ground level.
(C) Design.--Western ranch-style comprised of
rectangular or square sections with no more than one
ridgeline.
(D) Windows.--Rectangular or square, divided light
of no more than 24 square feet.
(E) Structural siding.--Log, log-sided, rough-sawn
lumber, board and batten, or suitable wood substitutes,
which shall be harmoniously colored or have a natural
wood finish.
(F) Roof.--Wood, composite, or non-reflective metal
in muted earth tones of brown.
(4) Limitations regarding satellite dish.--Each home site
may contain not more than one satellite dish, not to exceed 24
inches in diameter, which shall be located as unobtrusively as
best available technology allows.
(5) Limitations regarding exterior lighting.--Each home
site may contain not than two exterior lighting sources, which
shall be shielded downwards and may not exceed 150 watts each.
Neither light source may be flashing.
(6) Limitations regarding landscaping.--The landscaping for
each home site shall be compatible with the open setting of the
home site and incorporate materials, groundcover, shrubs, and
trees that are indigenous to the area. Areas exposed due to
excavation shall be rehabilitated to pre-excavation conditions
within two years following completion of construction.
(7) Limitations regarding roads and driveways.--Any road or
driveway for a home site may not exceed 14 feet in width.
(8) Limitations regarding fencing.--Fences on a home site
shall be in the log worm, log block, or jack style and shall
incorporate wildlife-friendly elements.
(9) Limitations regarding utilities.--All new utilities
serving a home site shall be located underground.
(c) Prohibitions.--
(1) Subdivision.--Except as expressly authorized in
subsection (b) regarding the land conveyed under subsection
(a), the conveyed land may not be divided, subdivided or
defacto subdivided through sales, long-term leases, or other
means.
(2) Prohibited uses.--The land conveyed under subsection
(a) may not be used for any of the following purposes:
(A) Commercial, manufacturing, industrial, mining,
or drilling operations, except that small in-home
businesses, such as professional services, may be
allowed.
(B) Exploration, development, or extraction of
minerals.
(C) Dumping or accumulation of trash, debris, junk
cars, unserviceable equipment, or other unsightly
materials.
(D) Placement of residential trailers, mobile
homes, manufactured homes, modular buildings, or other
such semi-permanent structures.
(E) Placement of towers, antennae, or satellite
dishes that are not concealed from public view, except
to the extent that the right is expressly granted in
subsection (b)(4).
(F) Placement of signs, billboards, or other
advertising devices, other than one property
identification sign and one for sale or rental sign,
not to exceed two square feet in area, and such signs
shall be harmonious in design and color with the
surroundings.
(G) Disposal or unlawful storage of hazardous
substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
(d) 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.
(e) Approval and Access Requirements.--Any improvement to be made
to a home site developed on the land conveyed under subsection (a)
shall be subject to the approval in writing, and in advance of being
made, by the appropriate County officials. Representatives of the
County may enter the home sites at reasonable times to monitor
compliance with the deed restrictions imposed by subsection (b).
(f) Enforcement.--As a condition on the conveyance under subsection
(a), the County shall agree to enforce the deed restrictions imposed by
subsections (b) and (c).
(g) Reversionary Interest.--If the Secretary determines at any time
that a home site developed on the land conveyed under subsection (a) is
not in compliance with the deed restrictions imposed by subsection (b)
or (c), all right, title, and interest in and to the home site,
including any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing, and the
Secretary shall give the landowner a reasonable opportunity to restore
the home site to compliance with the deed restrictions.
(h) Access.--The road referred to in subsection (a) shall remain
accessible to the public to provide access to adjacent Federal land.
(i) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 102. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL FOREST AND BLM
LAND TO BLAINE COUNTY, IDAHO.
(a) Conveyance Required.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, and the Secretary of the
Interior, acting through the Director of the Bureau of Land Management,
shall convey, without consideration, to Blaine County, Idaho (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to the parcels of Federal land in the
Sawtooth National Forest and Bureau of Land Management land identified
for conveyance under this section on the map entitled ``Blaine County
Conveyance'' and dated November 1, 2005.
(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, DESIGNATED NATIONAL FOREST SYSTEM LAND TO
CITY OF STANLEY, IDAHO.
(a) Conveyance Required.--Subject to the deed restrictions required
by subsection (b), the Secretary of Agriculture, acting through the
Chief of the Forest Service, shall convey, without consideration, to
the City of Stanley, Idaho (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to National Forest System land consisting of two parcels containing a
total of approximately 8 acres adjoining the western boundary of the
City and a total of approximately 68 acres, including improvements,
adjoining the northeastern boundary of the City, respectively, and
identified as Parcels A and C on the map entitled ``_________'' and
dated _____, 2005.
(b) Use of Parcel A Land.--In making the conveyance under
subsection (a) to the City of the land identified as Parcel A on the
map referred to in such subsection, the Secretary shall include the
following deed restrictions relating to the use of the conveyed land to
ensure that such use is consistent with the planning process of the
City and Custer County, Idaho, and management of adjacent National
Forest System land:
(1) Limitation on number of home sites.--Not more than 4
home sites may be developed on Parcel A.
(2) Limitations regarding house construction.--Not more
than one single-family house may be constructed on each home
site, and each house shall be subject to the following
requirements:
(A) Use.--Residential.
(B) Size.--Not more than 3,000 square feet gross
floor space, including attached garage, but excluding
basements, decks, and porches. Single story, no more
than 22 feet in height from natural ground level,
excluding any chimney.
(C) Design.--Western ranch-style, having
rectangular or square sections with no more than two
ridgelines, excluding dormers.
(D) Windows.--Rectangular or square, divided light,
and no more than 24 square feet in size. Windows with
exterior walls visible from Highway 21 shall not exceed
30 percent of the area of the wall.
(E) Structural siding.--Log, log-sided, rough-sawn
lumber, board and batten, or suitable wood substitutes,
which shall be harmoniously colored or have a natural
wood finish.
(F) Roof.--Wood, composite, or non-reflective metal
in muted earth tones of brown.
(3) Limitations regarding outbuildings.--Not more than one
outbuilding may be constructed on each home site, and the
outbuilding shall be subject to the following requirements:
(A) Use.--A outbuilding may not include kitchen or
sleeping facilities or otherwise be equipped for
residential purposes.
(B) Size.--No more than 600 square feet gross floor
space in the aggregate. Single story, no more than 22
feet from natural ground level.
(C) Design.--Western ranch-style comprised of
rectangular or square sections with no more than one
ridgeline.
(D) Windows.--Rectangular or square, divided light
of no more than 24 square feet.
(E) Structural siding.--Log, log-sided, rough-sawn
lumber, board and batten, or suitable wood substitutes,
which shall be harmoniously colored or have a natural
wood finish.
(F) Roof.--Wood, composite, or non-reflective metal
in muted earth tones of brown.
(4) Limitations regarding satellite dish.--Each home site
may contain not more than one satellite dish, not to exceed 24
inches in diameter, which shall be located as unobtrusively as
best available technology allows.
(5) Limitations regarding exterior lighting.--Each home
site may contain not than two exterior lighting sources, which
shall be shielded downwards and may not exceed 150 watts each.
Neither light source may be flashing.
(6) Limitations regarding landscaping.--The landscaping for
each home site shall be compatible with the open setting of the
home site and incorporate materials, groundcover, shrubs, and
trees that are indigenous to the area. Areas exposed due to
excavation shall be rehabilitated to pre-excavation conditions
within two years following completion of construction.
(7) Limitations regarding roads and driveways.--Any road or
driveway for a home site may not exceed 14 feet in width.
(8) Limitations regarding fencing.--Fences on a home site
shall be in the log worm, log block, or jack style and shall
incorporate wildlife-friendly elements.
(9) Limitations regarding utilities.--All new utilities
serving a home site shall be located underground.
(c) Use of Parcel C Land.--In making the conveyance under
subsection (a) to the City of the land identified as Parcel C on the
map referred to in such subsection, the Secretary shall include the
following deed restrictions relating to the use of the conveyed land to
ensure that such use is consistent with the planning process of the
City and Custer County, Idaho, and management of National Forest System
land:
(1) Authorized uses.--Parcel C may be used--
(A) to provide housing for persons employed full-
time, whether on a year-round basis or seasonally,
within the Sawtooth National Recreation Area; and
(B) for other public purposes, including use as the
site for a park, cemetery, community center, or
educational facility
(2) Limitations regarding construction.--Any structure
constructed on Parcel C shall be subject to the following
requirements:
(A) Size.--The size of the structure shall be
compatible with the building site and type of use.
(B) Design.--Western ranch-style, having
rectangular or square sections with no more than three
ridgelines, excluding dormers.
(C) Height.--The height of any structure shall not
exceed 30 feet from natural ground level.
(D) Windows.--Rectangular or square, divided light,
and no more than 24 square feet in size. Windows with
exterior walls facing Highways 21 or 75 shall not
exceed 30 percent of the area of the wall.
(E) Structural siding.--Log, log-sided, rough-sawn
lumber, board and batten, or suitable wood substitutes,
which shall be harmoniously colored or have a natural
wood finish.
(F) Roof.--Wood, composite, or non-reflective metal
in muted earth tones of brown.
(3) Limitations regarding satellite dish.--Each structure
may contain not more than one satellite dish, not to exceed 24
inches in diameter, which shall be located as unobtrusively as
best available technology allows.
(4) Limitations regarding exterior lighting.--Exterior
lighting sources shall be shielded downwards and may not be
flashing.
(5) Limitations regarding landscaping.--The landscaping for
each structure shall be compatible with an open setting and
incorporate materials, groundcover, shrubs, and trees that are
indigenous to the area. Areas exposed due to excavation shall
be rehabilitated to pre-excavation conditions within two years
following completion of construction.
(6) Limitations regarding roads and driveways.--Any road or
driveway for a structure may not exceed 24 feet in width.
(7) Limitations regarding fencing.--Any fence in Parcel C
shall be in the log worm, log block, or jack style and shall
incorporate wildlife-friendly elements.
(8) Limitations regarding utilities.--All new utilities
serving Parcel C shall be located underground.
(9) Signage.--Only signs identifying a commercial
enterprise being conducted on Parcel C may be placed on the
parcel. Signs may not exceed 20 square feet in area, and shall
be subdued in appearance and harmonizing in design and color
with the surroundings. No sign may be flashing.
(d) Prohibitions.--
(1) Subdivision.--Except as expressly authorized in
subsection (b) or (c) regarding the land conveyed under
subsection (a), the conveyed land may not be divided,
subdivided or defacto subdivided through sales, long-term
leases, or other means.
(2) Prohibited uses.--The land conveyed under subsection
(a) may not be used for any of the following purposes:
(A) Commercial, manufacturing, industrial, mining,
or drilling operations, except that small in-home
businesses, such as professional services, may be
allowed, and, subject to subsection (c)(1)(B), certain
commercial operations may be allowed on the land
identified as Parcel C on the map referred to in
subsection (a).
(B) Exploration, development, or extraction of
minerals.
(C) Dumping or accumulation of trash, debris, junk
cars, unserviceable equipment, or other unsightly
materials.
(D) Placement of residential trailers, mobile
homes, manufactured homes, modular buildings, or other
such semi-permanent structures.
(E) Placement of towers, antennae, or satellite
dishes that are not concealed from public view, except
to the extent that the right is expressly granted in
subsection (b)(4) or (c)(3).
(F) Placement of signs, billboards, or other
advertising devices, except--
(i) as provided in subsection (c)(9) with
regard to the land identified as Parcel C; and
(ii) one property identification sign and
one for sale or rental sign, not to exceed two
square feet in area, which shall be harmonious
in design and color with the surroundings.
(G) Disposal or unlawful storage of hazardous
substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
(e) 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.
(f) Approval and Access Requirements.--
(1) General requirements.--Any improvement to be made to
land conveyed under subsection (a) shall be subject to the
approval in writing, and in advance of being made, by the
appropriate City officials. Representatives of the City may
enter the land at reasonable times to monitor compliance with
the deed restrictions imposed by subsection (b), (c), or (d).
(2) Preparation and approval of development plan for parcel
c.--The land identified as Parcel C on the map referred to in
subsection (a) and conveyed to the City under such subsection
shall not developed until such time as a development plan
consistent with subsections (c) and (d) is reviewed and
approved by a special commission consisting of at least one
elected official representing Custer County, one elected
official representing the City, and three individuals who are
not employed by or officials of the County or City and reside
within the boundaries of the Sawtooth National Recreation Area.
The non-governmental representatives shall be selected jointly
by the elected officials on the commission.
(g) Enforcement.--As a condition on the conveyance under subsection
(a), the City shall agree to enforce the deed restrictions imposed by
subsections (b), (c), and (d).
(h) Reversionary Interest.--If the Secretary determines at any time
that any portion of the land conveyed under subsection (a) is not being
used in compliance with the deed restrictions applicable to that
portion of the land under subsection (b), (c), or (d), all right,
title, and interest in and to that portion of the land, including any
improvements thereon, shall revert to the United States, and the United
States shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made on
the record after an opportunity for a hearing, and the Secretary shall
give the landowner a reasonable opportunity to restore the property to
compliance with the deed restrictions.
(i) 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.
(j) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 104. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF CLAYTON,
IDAHO.
(a) Conveyance Required.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall convey,
without consideration, to the City of Clayton, Idaho, 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, 2005.
(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 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, 2005.
(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 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, 2005.
(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 AUTHORITY, SUPPORT FOR MOTORIZED AND BICYCLE
RECREATION, PUBLIC LAND IN CENTRAL IDAHO.
(a) Motorized Recreation Park.--Subject to subsection (b), the
Secretary of the Interior shall convey, without consideration, to the
State of Idaho (in this section referred to as the ``State'') all
right, title, and interest of the United States in and to a parcel of
public land administered through the Bureau of Land Management,
consisting of approximately 960 acres near Boise, Idaho, 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 drivers with different levels of skills.
(b) Reservation of Portion for Bicycle 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 and open the
reserved portion to such use as soon as practicable after the date of
the conveyance. Funds appropriated pursuant to the authorization of
appropriations in section 109 shall be available to facilitate the
establishment of the bicycle portion of the recreation park.
(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) 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. STANLEY-REDFISH LAKE BIKE AND SNOWMOBILE TRAIL.
(a) Development of Trail.--The Secretary of Agriculture shall
design, construct, and maintain a paved 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) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $500,000 to carry out this section.
Amounts appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 109. SUPPORT FOR OTHER TRAIL CONSTRUCTION AND MAINTENANCE
ACTIVITIES.
There is authorized to be appropriated to the Secretary of
Agriculture or the Secretary of the Interior $500,000 for the
construction and maintenance of bicycle trails 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 a wilderness area designated by title II or the
Boulder-White Cloud Management Area established by title 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 a wilderness area designated by title II or the Boulder-
White Cloud Management Area established by title III shall be
administered in accordance with applicable Federal laws and resource
management plans. No person shall conduct outfitter and guide
activities on such Federal land except as authorized by the Secretary
concerned.
SEC. 111. RED TREES PHASE II STUDY REGARDING FOREST HEALTH AND PUBLIC
SAFETY.
(a) Study Required.--Not later than _____, 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 III.
SEC. 112. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC DEVELOPMENT AND
RECREATION.
(a) Grant to Custer County, Idaho.--The Secretary of Agriculture
may make a grant to Custer County, Idaho, for the purpose of assisting
the County in supporting sustainable economic development in the
County.
(b) Grant to State of Idaho.--The Secretary of Agriculture may make
a grant to the State of Idaho Parks and Recreation Department for the
purpose of assisting the State in purchasing Bayhorse Campground for
use as a State park.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture--
(1) $5,000,000 to make the grant under subsection (a); and
(2) $500,000 to make the grant under subsection (b).
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. EXPANSION AND IMPROVEMENT OF HERD LAKE CAMPGROUND.
(a) Expansion and Improvement of Campground.--The Secretary of the
Interior shall expand and improve the Herd Lake Campground facilities
located below the outlet of Herd Lake.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $500,000 to carry out this section.
Amounts appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 115. LAND EXCHANGE TO ELIMINATE STATE OF IDAHO INHOLDINGS IN
SAWTOOTH NATIONAL RECREATION AREA AND NEW WILDERNESS
AREAS.
(a) Exchanges Authorized.--The Secretary of Agriculture and the
Secretary of the Interior may execute one or more land exchanges with
the State of Idaho for the purpose of eliminating State inholdings
within the boundaries of the Sawtooth National Recreation Area and the
wilderness areas designated by title II. The Federal land available for
use to carry out an exchange under this section and the State
inholdings to be acquired are depicted on the map entitled ____ and
dated ____, 2005.
(b) Exchange Process.--The land exchanges authorized by this
section shall be carried out in the manner provided in section 206 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
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) Ernest hemingway-boulder wilderness.--Certain Federal
land in the Sawtooth and Challis National Forests, comprising
approximately 96,700 acres, as generally depicted on the map
entitled ``Ernest Hemingway-Boulder'' and dated ______, which
shall be known as the ``Ernest Hemingway-Boulder Wilderness''.
(2) White clouds wilderness.--Certain Federal land in the
Sawtooth and Challis National Forests, comprising approximately
73,100 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 Federal land in the
Challis National Forest and Challis District of the Bureau of
Land Management, comprising approximately 131,700 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. 202. GENERAL ADMINISTRATION OF WILDERNESS AREAS.
(a) Application of Wilderness Act.--Subject to valid existing
rights, the wilderness areas designated by section 201 shall be managed
by the Secretary concerned in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this title. With respect to the wilderness
areas, any reference in the Wilderness Act to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act, and any reference in the Wilderness Act to the
Secretary of Agriculture shall be deemed to be a reference to the
Secretary concerned.
(b) Consistent Interpretation to the Public.--Although the
wilderness areas designated by section 201 consist of National Forest
System land under the jurisdiction of the Secretary of Agriculture and
public land under the jurisdiction of the Secretary of the Interior,
the Secretary of Agriculture and the Secretary of the Interior shall
collaborate to assure that the wilderness areas are interpreted to the
public as an overall complex tied together by common location in the
Boulder-White Cloud Mountains and common identity with the natural and
cultural history of the State of Idaho and its Native American and
pioneer heritage.
(c) Comprehensive Wilderness Management Plan.--Not later than three
years after the date of the enactment of this Act, the Secretary of
Agriculture and Secretary of the Interior shall collaborate to develop
a comprehensive wilderness management plan for the wilderness areas
designated by section 201. The completed management plan shall be
submitted to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate.
(d) Fire, Insects, and Diseases.--Within the wilderness area
designated by section 201, the Secretary concerned may take such
measures as the Secretary concerned determines to be necessary for the
control of fire, insects, and diseases, subject to such conditions as
the Secretary concerned considers desirable, as provided in section
4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)).
(e) Wilderness Trails and Trailheads.--
(1) Construction of new trailhead.--The Secretary concerned
shall construct a new trailhead for nonmotorized users and
improve access to the Wickiup Trail (#684) and at the Big
Boulder Trailhead to separate motorized/bicycle users from
nonmotorized/bicycle users.
(2) Inclusion of accessible trails.--The Secretary
concerned may establish primitive, non-paved wheelchair
accessible trails into the wilderness areas designated by
section 201, including at the Bowery Creek Guard Station along
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 201 for the voluntary relinquishment of the claim.
(g) Grazing.--Grazing of livestock in a wilderness area designated
by section 201, where established before the date of the enactment of
this Act, shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), section
108 of Public Law 96-560, and section 101(f) of Public Law 101-628, and
in accordance with the guidelines set forth in Appendix A of House
Report 96-617 of the 96th Congress and House Report 101-405 of the
101st Congress.
(h) Commercial Outfitters and Saddle and Pack Stock.--Nothing in
this title shall preclude horseback riding or the entry of recreational
saddle or pack stock into the wilderness areas designated by section
201, including when such entry is made by commercial outfitters.
SEC. 203. ACQUISITION OF MINERAL INTERESTS AND LANDS FROM WILLING
SELLERS.
(a) Acquisition.--Within the boundaries of the wilderness areas
designated by section 201, the Secretary concerned may acquire, through
purchase from willing sellers or donation from willing owners, all
right, title, and interest in all mineral interests and parcels of land
that have been patented under the Act of May 10, 1872 (30 U.S.C. 22 et
seq.; commonly known as the Mining Act of 1872).
(b) Consideration.--In exercising the authority provided by
subsection (a) to acquire lands and interests, the Secretary concerned
shall offer the owners of record of each patent, who voluntarily wish
to sell, $20,000 as compensation for the acquisition of these
interests. The Secretary concerned shall make such offers as soon as
practicable after the date of the enactment of this Act and such offers
shall remain open for acceptance during the five-year period beginning
on such date.
(c) Incorporation in Wilderness Area.--Any land or interest in land
located inside the boundaries of a wilderness area designated by
section 201 that is acquired by the United States after the date of the
enactment of this Act shall be added to and administered as part of
that wilderness area.
SEC. 204. ADJACENT MANAGEMENT.
(a) No Protective Perimeters or Buffer Zones.--Congress does not
intend for the designation of the wilderness areas by section 201 to
lead to the creation of protective perimeters or buffer zones around
any such wilderness area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses outside of a wilderness area designated by section
201 can be seen or heard from inside of the wilderness area shall not
preclude the conduct of those activities or uses outside the boundaries
of the wilderness area.
SEC. 205. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133),
nothing in this title precludes a Federal, State, or local agency from
conducting wildfire management operations, including operations using
aircraft or mechanized equipment, to manage wildfires in the wilderness
areas designated by section 201.
SEC. 206. WATER RIGHTS.
(a) Findings.--Congress finds the following:
(1) The lands designated as wilderness areas by section 201
are located at the headwaters of the streams and rivers on
those lands, with few, if any, actual or proposed water
resource facilities located upstream from such lands and few,
if any, opportunities for diversion, storage, or other uses of
water occurring outside such lands that would adversely affect
the wilderness values of such lands.
(2) The lands designated as wilderness areas by section 201
are not suitable for use for development of new water resource
facilities or for the expansion of existing facilities.
(3) Therefore, it is possible to provide for proper
management and protection of the wilderness value of the lands
designated as wilderness areas by section 201 in ways different
from the ways utilized in other laws designating wilderness
areas.
(b) Purpose.--The purpose of this section is to protect the
wilderness values of the lands designated as wilderness areas by
section 201 by means other than a federally reserved water right.
(c) Statutory Construction.--Nothing in this title--
(1) shall constitute, or be construed to constitute, either
an express or implied reservation by the United States of any
water or water rights with respect to the wilderness areas
designated by section 201;
(2) shall affect any water rights in the State of Idaho
existing on the date of the enactment of this Act, including
any water rights held by the United States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(4) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State of Idaho and other States; and
(5) shall be construed as limiting, altering, modifying, or
amending provisions of Public Law 92-400, which established the
Sawtooth National Recreation Area (16 U.S.C. 460aa et seq.).
(d) Idaho Water Law.--The Secretary concerned shall follow the
procedural and substantive requirements of the law of the State of
Idaho when seeking to establish any water rights, not in existence on
the date of the enactment of this Act, with respect to the wilderness
areas designated by section 201.
(e) New Projects.--
(1) Prohibition.--Except as otherwise provided in this Act,
on and after the date of the enactment of this Act, neither the
President nor any other officer, employee, or agent of the
United States shall fund, assist, authorize, or issue a license
or permit for the development of any new water resource
facility inside any of the wilderness areas designated by
section 201.
(2) Definition.--In this subsection, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
SEC. 207. WILDLIFE MANAGEMENT.
(a) State Jurisdiction.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or
diminishes the jurisdiction of the State of Idaho with respect to fish
and wildlife management, including the regulation of hunting, fishing,
and trapping, in the wilderness areas designated by section 201.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to support such
populations may be carried out within wilderness areas designated by
section 201 where consistent with relevant wilderness management plans,
in accordance with appropriate policies such as those set forth in
Appendix B of House Report 101-405 of the 101st Congress, including the
occasional and temporary use of motorized vehicles, if such use, as
determined by the Secretary concerned would promote healthy, viable,
and more naturally distributed wildlife populations that would enhance
wilderness values and accomplish those purposes with 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 elk, deer, bighorn sheep, mountain goats, wolves, grizzly bears,
and other wildlife and fish.
(d) Hunting, Fishing, and Trapping.--Nothing in this title shall
affect hunting, fishing, and trapping, under applicable State and
Federal laws and regulations, in the wilderness areas designated by
section 201. The Secretary concerned may designate, by regulation in
consultation with the appropriate State agency (except in emergencies),
areas in which, and establish periods during which, for reasons of
public safety, administration, or compliance with applicable laws, no
hunting, fishing, or trapping will be permitted in the wilderness
areas.
SEC. 208. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title shall be construed to diminish the rights of
any Indian tribe. Nothing in this title shall be construed to diminish
tribal rights regarding access to Federal lands for tribal activities,
including spiritual, cultural, and traditional food-gathering
activities.
SEC. 209. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft over the
wilderness areas designated by section 201, including military
overflights that can be seen or heard within the wilderness
areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 210. WILDERNESS REVIEW.
(a) National Forests.--Section 5 of Public Law 92-400 (16 U.S.C.
460aa-4), which required a review of the undeveloped and unimproved
portion or portions of the Sawtooth National Recreation Area
established by that Act as to suitability or nonsuitability for
preservation as part of the National Wilderness Preservation System, is
repealed.
(b) Public Lands.--
(1) Finding.--Congress finds that, for the purpose of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land administered by the
Bureau of Land Management in the following areas have been
adequately studied for wilderness designation:
(A) The Jerry Peak Wilderness Study Area.
(B) The Jerry Peak West Wilderness Study Area.
(C) The Corral-Horse Basin Wilderness Study Area.
(D) The Boulder Creek Wilderness Study Area.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by this title--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with land
management plans adopted under section 202 of that Act
(43 U.S.C. 1712).
TITLE III--BOULDER-WHITE CLOUD MANAGEMENT AREA
SEC. 301. ESTABLISHMENT OF MANAGEMENT AREA.
(a) Findings and Purposes.--In the case of those Federal lands not
designated as wilderness in title II, Congress has examined the
management alternatives for such lands and finds that the designation
of such lands as a special management area will provide outstanding
opportunities for many forms of recreation, including mountain biking,
snowmobiling, and the use of off-road motorized vehicles. The purpose
of this title is to statutorily provide for the continued management of
such lands for motorized and other recreational opportunities,
livestock grazing, and conservation and resource protection in
accordance with the existing management areas, plans, and applicable
authorities of the Challis National Forest, the Sawtooth National
Recreation Area, and the Challis District of the Bureau of Land
Management In addition, it is the purpose of this title to provide that
motorized use of such lands shall be allowed in accordance with the
travel map entitled ``Boulder-White Clouds Management Area Travel
Plan'' and dated June 1, 2005.
(b) Establishment.--Those Federal lands in the Challis National
Forest, the Sawtooth National Recreation Area, and the Challis District
of the Bureau of Land Management that are not designated as wilderness
in title II, as generally depicted on the map entitled ``Boulder-White
Cloud Management Area'' and dated June 1, 2005, are hereby designated
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. The designation of land already in the Sawtooth National
Recreation Area for inclusion in both the management area and the
Sawtooth National Recreation Area is declared to be supplemental to,
not in derogation of, the Sawtooth National Recreation Area.
(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 existing management areas
and in accordance with the existing management plans of the Sawtooth
National Recreation Area, Challis National Forest and the Challis
District of the Bureau of Land Management as referenced by the map
referred to in subsection (b). If lands in the management area are also
included in the Sawtooth National Recreation Area, the Secretary of
Agriculture shall also administer that land in accordance with Public
Law 92-400 (16 U.S.C. 460aa et seq.).
(d) Development.--No new roads may be constructed within the
management area, except as necessary for access to campgrounds and
other recreation areas as determined by the Secretary concerned. Roads
may be maintained and relocated as necessary. The Secretary concerned
shall permit the mining and removal of gravel, sand, and rock along
existing roads in the management area as necessary for road maintenance
in accordance with the applicable management plan.
(e) Timber Harvesting.--Timber harvesting may be allowed on lands
in the management area only in accordance with the management plan
applicable to the lands and for necessary control of fire, insects, and
diseases and for public safety.
(f) Trails.--
(1) Construction, maintenance, and improvements.--There is
authorized to be appropriated to the Secretary of Agriculture
and the Secretary of the Interior $650,000 for trail
construction and maintenance and for other improvements related
to outfitting, guiding, hiking, and horseback use within the
management area. Amounts appropriated pursuant to this
authorization of appropriations shall remain available until
expended.
(2) Set-aside for trail construction.--Of the amounts
appropriated pursuant to the authorization of appropriations in
paragraph (1), $150,000 shall be available for the construction
of--
(A) a trail between the Phyllis Lake Road (USFS
Road #053) and Phyllis Lake, which shall be primitive
and non-paved, but wheelchair accessible, and open only
to non-motorized travel;
(B) other trails in the management area; and
(C) trails into the wilderness area referred to in
section 202(e)(2).
SEC. 302. LAND ACQUISITION IN MANAGEMENT AREA.
(a) Land Acquisition.--The Secretary concerned may acquire, by
donation or purchase from willing sellers, lands and interests in
lands--
(1) located inside the boundaries of the management area;
or
(2) located adjacent to the management area to provide
easements for additional public access to the management area.
(b) 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. 303. MOTORIZED AND BICYCLE TRAVEL.
(a) Motorized and Bicycle Travel Authorized.--In the case of land
included in the management area, motorized and bicycle travel shall
continue to be allowed 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 those lands, as referenced on the travel map entitled
``Boulder-White Clouds Management Area Travel Plan'' and dated June 1,
2005.
(b) Establishment or Use of Other Trails and Routes.--
Notwithstanding subsection (a), other trails and routes may be used for
motorized and bicycle travel whenever the Secretary concerned considers
such use to be necessary for administrative purposes or to respond to
an emergency.
(c) Route and Trail Closures.--The following roads or trails shall
be closed to motorized and mechanized trail use, except when there is
adequate snowcover to permit snowmobile use:
(1) Forest Service Trail 109 between the Phyllis Lake
turnoff to 4th of July Lake and the south side of Washington
Lake.
(2) Forest Service Trail 671 up Warm Springs Creek from
Trail 104 to the wilderness boundary.
(d) Grounds for Trail Segment Closures.--Resource damage that can
be mitigated and issues of user conflict shall not be used as grounds
for the closure of a trail or route in the management area, although
the Secretary concerned may close any trail or route, or prohibit the
use of trail or route for motorized and mechanize travel, if the
Secretary determines that such closure or prohibition is the only
reasonable means available for resource protection or public safety.
(e) Mitigation of Trail Closures.--If the Secretary determines
under subsection (d) that closing an available trail or route in the
management area is necessary for resource protection or public safety,
the Secretary shall take any of the following mitigation actions,
intended to provide commensurate motorized recreation opportunities in
the same general area of the management area:
(1) Repair resource damage and secure conditions so that
closed trails may be reopened to motorized use.
(2) Replace, relocate, or reroute the trail or the trail
segment to provide a similar link between travel points.
(3) A combination of the actions specified in paragraphs
(1) and (2) and other actions to achieve the overall mitigation
objective.
(f) Relation to Other Laws.--In considering mitigation actions
under subsection (e), the Secretary concerned shall ensure that such
action is consistent with the overall objectives of the management
area. If the lands are also included in the Sawtooth National
Recreation Area, the Secretary concerned shall also administer the
action in accordance with Public Law 92-400 (16 U.S.C. 460aa et seq.),
the map dated ____, 2005, and executive orders and other relevant laws
and regulations existing on or before the date of the enactment of this
Act.
SEC. 304. SUPPORT AND USE OF IDAHO OFF ROAD MOTOR VEHICLE PROGRAM.
(a) Grant to Program.--There is authorized to be appropriated to
the Secretary of Agriculture not more than $1,000,000, which shall be
used by the Secretary to make a grant to the State of Idaho in the full
amount so appropriated for deposit with the Off Road Motor Vehicle
Program of the Idaho Department of State Parks and Recreation, which is
used to support the acquisition, purchase, improvement, repair,
maintenance, furnishing, and equipping of off-road motor vehicle
facilities and sites, to groom snowmobile trails, and for enforcement
activities and the rehabilitation of land damaged by off-road vehicle
users. As a condition of the grant, the State must maintain the grant
funds as a separate account of the Off Road Motor Vehicle Program and
may not use the funds except as provided by this section.
(b) Use of Grant Funds.--When the Secretary concerned determines
that additional funds are required to carry out the activities
described in subsection (a) in the management area, the Secretary may
apply for funds from the Off Road Motor Vehicle Program. Funds received
under this subsection shall be used only in the management area.
(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.
SEC. 305. AIRPORTS AND LANDING STRIPS.
No airstrips exist in the wilderness areas designated by title II.
Nothing in this Act shall be construed to restrict or preclude the use
of public or private airports or landing strips located within the
management area or adjacent to a wilderness area designated by title
II.
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 II, 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 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 a wilderness area designated by title II 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.
(d) Effect of Permit Waiver on Range Developments.--
(1) Waiver.--Except as provided in paragraph (2), 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.
(2) Removal.--The Federal agency from which a person
obtained a grazing permit may authorize the person to remove
those range developments associated with the permit that are
not permanent and are easily removable, as determined by the
Federal agency. The removal of the range developments shall be
completed before the end of the one-year period beginning on
the date the waiver of the permit takes effect under subsection
(c) and shall be subject to the supervision of the Federal
agency.
(e) Cancellation.--Not later than 30 days after the waiver of a
grazing permit takes effect under subsection (c), 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.
(f) 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).
(c) Prohibition on Use of Funds for Administrative Costs.--None of
the funds made available to provide compensation under this title may
be used to cover administrative costs incurred by a Federal agency to
carry out this title.
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