[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1802 Reported in Senate (RS)]






                                                       Calendar No. 651
110th CONGRESS
  2d Session
                                S. 1802

                          [Report No. 110-299]

    To adjust the boundaries of the Frank Church River of No Return 
                   Wilderness in the State of Idaho.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2007

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

                             April 10, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To adjust the boundaries of the Frank Church River of No Return 
                   Wilderness in the State of Idaho.

    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 Wilderness Boundary 
Modification Act of 2007''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to adjust the boundaries of the wilderness 
        area; and</DELETED>
        <DELETED>    (2) to authorize the Secretary to resolve 
        conflicts relating to the private use of the land designated 
        for exclusion.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Land designated for exclusion.--The term 
        ``land designated for exclusion'' means the parcel of land that 
        is--</DELETED>
                <DELETED>    (A) comprised of approximately 10.197 
                acres of land;</DELETED>
                <DELETED>    (B) depicted on the survey; and</DELETED>
                <DELETED>    (C) more particularly described as--
                </DELETED>
                        <DELETED>    (i) beginning at the point of 
                        intersection of a line parallel with, and 
                        offset 300 feet northwesterly from, the line 
                        between corners 2 and 3, Homestead Entry Survey 
                        No. 74, and a line parallel with, and offset 
                        300 feet northwesterly from, the line between 
                        corners 3 and 4, Homestead Entry Survey No. 
                        74;</DELETED>
                        <DELETED>    (ii) thence north, 946.94 feet to 
                        the point of intersection with a line parallel 
                        with, and offset 300 feet southwesterly from, 
                        the line between corners 1 and 8, Homestead 
                        Entry Survey No. 135;</DELETED>
                        <DELETED>    (iii) thence S. 52056' 28'' E., 
                        271.13 feet along said line to the point of 
                        intersection with a line parallel with, and 
                        offset 300 feet southerly from, the line 
                        between corners 7 and 8, Homestead Entry Survey 
                        No. 135;</DELETED>
                        <DELETED>    (iv) thence along said line N. 
                        81</DELETED><DELETED>34' 20'' E., 868.03 feet 
                        to the point of intersection with a line 
                        parallel with, and offset 300 feet 
                        northwesterly from, the line between corners 4 
                        and 5, Homestead Entry Survey No. 74;</DELETED>
                        <DELETED>    (v) thence along said line S. 
                        4640' 46'' W., 509.91 feet to the point of 
                        intersection with a line parallel with, and 
                        offset 300 feet northwesterly from, the line 
                        between corners 3 and 4, Homestead Entry Survey 
                        No. 74; and</DELETED>
                        <DELETED>    (vi) thence along said line S. 
                        51027' 18'' W., 900.18 feet, to the point of 
                        beginning.</DELETED>
        <DELETED>    (2) Land designated for inclusion.--The term 
        ``land designated for inclusion'' means the parcel of National 
        Forest System land that is--</DELETED>
                <DELETED>    (A) comprised of approximately 10.2 acres 
                of land;</DELETED>
                <DELETED>    (B) located in unsurveyed section 22, T. 
                14 N., R. 13 E., Boise Meridian, Custer County, Idaho; 
                and</DELETED>
                <DELETED>    (C) more particularly described as--
                </DELETED>
                        <DELETED>    (i) beginning at the point of 
                        intersection of the westerly extension of the 
                        east-west line passing through the confluence 
                        of No Name Creek and Loon Creek with the 6000-
                        foot contour;</DELETED>
                        <DELETED>    (ii) thence east to the 6200-foot 
                        contour;</DELETED>
                        <DELETED>    (iii) thence northerly along the 
                        6200-foot contour 312 feet;</DELETED>
                        <DELETED>    (iv) thence west to the 6000-foot 
                        contour; and</DELETED>
                        <DELETED>    (v) thence along the 6000-foot 
                        contour 308 feet to the point of 
                        beginning.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (4) Survey.--The term ``survey'' means the survey 
        plat entitled ``Proposed Boundary Chage FCRONRW Sections 15 
        (Unsurveyed), Township 14 North, Range 13 East, B.M. Custer 
        County, Idaho'', prepared by C. Hoffman & Schroeder, and dated 
        November 14, 2001.</DELETED>
        <DELETED>    (5) Wilderness area.--The term ``wilderness area'' 
        means the Frank Church River of No Return Wilderness designated 
        by section 3 of the Central Idaho Wilderness Act of 1980 (16 
        U.S.C. 1132 note; 94 Stat. 948).</DELETED>

<DELETED>SEC. 4. BOUNDARY ADJUSTMENT.</DELETED>

<DELETED>    (a) Adjustment to Wilderness Area.--</DELETED>
        <DELETED>    (1) Inclusion.--The wilderness area shall include 
        the land designated for inclusion.</DELETED>
        <DELETED>    (2) Exclusion.--The wilderness area shall not 
        include the land designated for exclusion.</DELETED>
<DELETED>    (b) Corrections to Survey.--The Secretary may make 
corrections to the survey.</DELETED>
<DELETED>    (c) Authorization of Secretary.--Notwithstanding the 
acreage requirement described in section 3(2) of Public Law 97-465 
(commonly known as the ``Small Tracts Act'') (16 U.S.C. 521e(2)), the 
Secretary may resolve any encroachment on the land designated for 
exclusion in accordance with that section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Idaho Wilderness Boundary 
Modification Act of 2008''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to adjust the boundaries of the wilderness area; and
            (2) to authorize the Secretary to sell the land designated 
        for removal from the wilderness area due to encroachment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Land designated for exclusion.--The term ``land 
        designated for exclusion'' means the parcel of land that is--
                    (A) comprised of approximately 10.2 acres of land;
                    (B) generally depicted on the survey plat entitled 
                ``Proposed Boundary Change FCRONRW Sections 15 
                (unsurveyed) Township 14 North, Range 13 East, B.M., 
                Custer County, Idaho'' and dated November 14, 2001; and
                    (C) more particularly described in the survey plat 
                and legal description on file in--
                            (i) the office of the Chief of the Forest 
                        Service, Washington, DC; and
                            (ii) the office of the Intermountain 
                        Regional Forester, Ogden, Utah.
            (2) Land designated for inclusion.--The term ``land 
        designated for inclusion'' means the parcel of National Forest 
        System land that is--
                    (A) comprised of approximately 10.2 acres of land;
                    (B) located in unsurveyed section 22, T. 14 N., R. 
                13 E., Boise Meridian, Custer County, Idaho;
                    (C) generally depicted on the map entitled 
                ``Challis National Forest, T.14 N., R. 13 E., B.M., 
                Custer County, Idaho, Proposed Boundary Change 
                FCRONRW'' and dated September 19, 2007; and
                    (D) more particularly described on the map and 
                legal description on file in--
                            (i) the office of the Chief of the Forest 
                        Service, Washington, DC; and
                            (ii) the Intermountain Regional Forester, 
                        Ogden, Utah.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) Wilderness area.--The term ``wilderness area'' means 
        the Frank Church River of No Return Wilderness designated by 
        section 3 of the Central Idaho Wilderness Act of 1980 (16 
        U.S.C. 1132 note; 94 Stat. 948).

SEC. 4. BOUNDARY ADJUSTMENT.

    (a) Adjustment to Wilderness Area.--
            (1) Inclusion.--The wilderness area shall include the land 
        designated for inclusion.
            (2) Exclusion.--The wilderness area shall not include the 
        land designated for exclusion.
    (b) Corrections to Legal Descriptions.--The Secretary may make 
corrections to the legal descriptions.

SEC. 5. CONVEYANCE OF LAND DESIGNATED FOR EXCLUSION.

    (a) In General.--Subject to subsection (b), to resolve the 
encroachment on the land designated for exclusion, the Secretary may 
sell for consideration in an amount equal to fair market value--
            (1) the land designated for exclusion; and
            (2) as the Secretary determines to be necessary, not more 
        than 10 acres of land adjacent to the land designated for 
        exclusion.
    (b) Conditions.--The sale of land under subsection (a) shall be 
subject to the conditions that--
            (1) the land to be conveyed be appraised in accordance with 
        the Uniform Appraisal Standards for Federal Land Acquisitions;
            (2) the person buying the land shall pay--
                    (A) the costs associated with appraising and, if 
                the land needs to be resurveyed, resurveying the land; 
                and
                    (B) any analyses and closing costs associated with 
                the conveyance;
            (3) for management purposes, the Secretary may reconfigure 
        the description of the land for sale; and
            (4) the owner of the adjacent private land shall have the 
        first opportunity to buy the land.
    (c) Disposition of Proceeds.--
            (1) In general.--The Secretary shall deposit the cash 
        proceeds from a sale of land under subsection (a) in the fund 
        established under Public Law 90-171 (commonly known as the 
        ``Sisk Act'') (16 U.S.C. 484a).
            (2) Availability and use.--Amounts deposited under 
        paragraph (1)--
                    (A) shall remain available until expended for the 
                acquisition of land for National Forest purposes in the 
                State of Idaho; and
                    (B) shall not be subject to transfer or 
                reprogramming for--
                            (i) wildland fire management; or
                            (ii) any other emergency purposes.
                                                       Calendar No. 651

110th CONGRESS

  2d Session

                                S. 1802

                          [Report No. 110-299]

_______________________________________________________________________

                                 A BILL

    To adjust the boundaries of the Frank Church River of No Return 
                   Wilderness in the State of Idaho.

_______________________________________________________________________

                             April 10, 2008

                       Reported with an amendment