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







                                                       Calendar No. 394
109th CONGRESS
  2d Session
                                S. 1131

                          [Report No. 109-232]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2005

   Mr. Craig introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             April 20, 2006

 Reported under authority of the order of the Senate of April 7, 2006, 
                   by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Idaho Land Enhancement 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Bureau of Land 
                Management;</DELETED>
                <DELETED>    (B) the Forest Service;</DELETED>
                <DELETED>    (C) the State; and</DELETED>
                <DELETED>    (D) the City.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Board.--The term ``Board'' means the Idaho 
        State Board of Land Commissioners.</DELETED>
        <DELETED>    (4) City.--The term ``city'' means the city of 
        Boise, Idaho.</DELETED>
        <DELETED>    (5) Federal land.--The term ``Federal land'' means 
        the Bureau of Land Management land and the National Forest 
        System land.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) administered by the Secretary of 
                Agriculture in the Idaho Panhandle National Forests and 
                the Clearwater National Forest;</DELETED>
                <DELETED>    (B) proposed to be acquired by the State; 
                and</DELETED>
                <DELETED>    (C) depicted in exhibit A2 of the 
                Agreement.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) State.--The term ``State'' means the State of 
        Idaho, Department of Lands.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. LAND EXCHANGE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) accept the offer; and</DELETED>
        <DELETED>    (2) on receipt of title to the State land, 
        simultaneously convey to the State the Federal land.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) identify all reserved and outstanding 
        interests in the Federal land and State land;</DELETED>
        <DELETED>    (3) stipulate any cash equalization payments 
        required; and</DELETED>
        <DELETED>    (4) specify any other terms and conditions that 
        are necessary to complete the land exchange.</DELETED>
<DELETED>    (c) Valid Existing Rights.---The conveyance of the Federal 
land and State land shall be subject to--</DELETED>
        <DELETED>    (1) all valid existing rights; and</DELETED>
        <DELETED>    (2) any other reservations, terms, and conditions 
        agreed to by the Secretary, the Secretary of Agriculture, and 
        the Board.</DELETED>
<DELETED>    (d) Equal Value Exchange.---</DELETED>
        <DELETED>    (1) In general.--The value of the Federal land and 
        State land to be exchanged under this Act--</DELETED>
                <DELETED>    (A) shall be equal; or</DELETED>
                <DELETED>    (B) shall be made equal in accordance with 
                subsection (e).</DELETED>
        <DELETED>    (2) Appraisals.--</DELETED>
                <DELETED>    (A) In general.--The value of the Federal 
                land and State land shall be determined in accordance 
                with appraisals conducted in accordance with--
                </DELETED>
                        <DELETED>    (i) the Uniform Appraisal 
                        Standards for Federal Land Acquisitions; 
                        and</DELETED>
                        <DELETED>    (ii) any appraisal instructions of 
                        the Secretary and the Secretary of 
                        Agriculture,</DELETED>
                <DELETED>    (B) Approval.--Any appraisal conducted 
                under subparagraph (A) shall be reviewed and approved 
                by--</DELETED>
                        <DELETED>    (i) the Secretary and the 
                        Secretary of Agriculture; or</DELETED>
                        <DELETED>    (ii) an interdepartmental 
                        appraisal review team established jointly by 
                        the Secretary and the Secretary of 
                        Agriculture.</DELETED>
<DELETED>    (e) Cash Equalization.--</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (2) Disposition and use of proceeds.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (f) Rights-of-Way.--As specified in the Agreement--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. MANAGEMENT OF FEDERAL LAND.</DELETED>

<DELETED>    (a) Transfer of Administrative Jurisdiction.--</DELETED>
        <DELETED>    (1) In general.--There is transferred from the 
        Secretary to the Secretary of Agriculture administrative 
        jurisdiction over the land described in paragraph 
        (2).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Management.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Act of March 1, 1911 (commonly known as 
        the ``Weeks Act'') (16 U.S.C. 480 et seq.); and</DELETED>
        <DELETED>    (2) any laws (including regulations) applicable to 
        the National Forest System.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.); and</DELETED>
        <DELETED>    (2) other applicable laws.</DELETED>
<DELETED>    (d) Land and Resource Management Plans.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (a) Legal Descriptions.--The Secretary, the Secretary of 
Agriculture, and the Board may modify the descriptions of land 
specified in the Agreement to--</DELETED>
        <DELETED>    (1) correct errors;</DELETED>
        <DELETED>    (2) make minor adjustments to the parcels based on 
        a survey or other means; or</DELETED>
        <DELETED>    (3) reconfigure the parcels to facilitate the land 
        exchange.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Withdrawals.--</DELETED>
        <DELETED>    (1) Federal land.--Subject to valid existing 
        rights, pending completion of the land exchange, the Federal 
        land is withdrawn from--</DELETED>
                <DELETED>    (A) all forms of location, entry, and 
                patent under the mining and public land laws; 
                and</DELETED>
                <DELETED>    (B) disposition under the mineral leasing 
                laws and the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) all forms of location, entry, and 
                patent under the mining and public land laws; 
                and</DELETED>
                <DELETED>    (B) disposition under the mineral leasing 
                laws and the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Congressional Finding on Need for Additional 
Analysis.--Congress finds that--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) no further administrative or environmental 
        analyses or examination shall be required to carry out any 
        activities authorized under this Act.</DELETED>

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.
    (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.
                                                       Calendar No. 394

109th CONGRESS

  2d Session

                                S. 1131

                          [Report No. 109-232]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 20, 2006

                       Reported with an amendment