[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1131 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 1131

_______________________________________________________________________

                                 AN ACT


 
 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 April 2005 entitled ``Agreement to Initiate, Boise 
        Foothills--Northern Idaho Land Exchange'', as modified by the 
        agreement executed in March 2006 entitled ``Amendment No. 1'', 
        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 identified in exhibit A2 of the Agreement and 
        as generally depicted on the maps.
            (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) Maps.--The term ``maps'' means maps 1 through 7 
        entitled ``Parcel Identification Map: Idaho Lands Enhancement 
        Act Land Exchange'' and dated February 28, 2006.
            (7) 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;
                    (C) identified in exhibit A2 of the Agreement; and
                    (D) generally depicted on the maps.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) State.--The term ``State'' means the State of Idaho, 
        Department of Lands.
            (10) State land.--The term ``State land'' means the 
        approximately 11,815 acres of land (including all appurtenances 
        to the land) administered by the State that is proposed to be 
        acquired by the United States, as identified in exhibit A1 of 
        the Agreement and as generally depicted on the maps.

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) Valid Existing Rights.--The conveyance of the Federal land and 
State land shall be subject to all valid existing rights.
    (c) 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 (d).
            (2) Appraisals.--The value of the Federal land and State 
        land shall be determined in accordance with appraisals--
                    (A) conducted in accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice;
                    (B) reviewed by an interdepartmental review team 
                comprised of representatives of Federal and State 
                agencies; and
                    (C) approved by the Secretary or the Secretary of 
                Agriculture, as appropriate.
            (3) Term of approval.--The term of approval of the 
        appraisals by the interdepartmental review team is extended to 
        September 13, 2008.
    (d) 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 
                subparagraph (A) 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.
    (e) Timing.--It is the intent of Congress that the land exchange 
authorized and directed by this Act shall be completed not later than 
180 days after the date of enactment of this Act.
    (f) Rights-of-Way.--
            (1) Rights-of-way to national forest system land.--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--
                    (A) appropriate to provide access to the National 
                Forest System land acquired by the State; and
                    (B) agreed to by the Secretary of Agriculture and 
                the State.
            (2) Rights-of-way to state land.--The State shall convey to 
        the United States any easements or other rights-of-way to land 
        owned by the State that are--
                    (A) appropriate to provide access to the State land 
                acquired by the United States; and
                    (B) agreed to by--
                            (i) the Secretary or the Secretary of 
                        Agriculture; and
                            (ii) 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 2,110 acres of land that is 
        administered by the Bureau of Land Management and located in 
        Shoshone County, Idaho, as generally identified in exhibit A3 
        of the Agreement.
            (3) 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 land transferred to, or conveyed to 
the United States 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) the 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 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 Water Conservation Fund.--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 Forests and the 
Clearwater National Forest shall be considered to be the boundaries of 
the Idaho Panhandle National Forests and the Clearwater National 
Forest, respectively, 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; or
            (2) make minor adjustments to the parcels based on a survey 
        or other means.
    (b) 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.
    (c) 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 United States under this Act 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.).
            (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.

            Passed the Senate September 29, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 1131

_______________________________________________________________________

                                 AN ACT

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