II Calendar No. 651 110th CONGRESS 2d Session S. 1802 [Report No. 110–299] 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.

1.

Short title

This Act may be cited as the Idaho Wilderness Boundary Modification Act of 2007.

2.

Purposes

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

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 10.197 acres of land; (B)depicted on the survey; and (C)more particularly described as— (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; (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; (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; (iv)thence along said line N. 81°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; (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 (vi)thence along said line S. 51027’ 18” W., 900.18 feet, to the point of beginning. (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; and (C)more particularly described as— (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; (ii)thence east to the 6200-foot contour; (iii)thence northerly along the 6200-foot contour 312 feet; (iv)thence west to the 6000-foot contour; and (v)thence along the 6000-foot contour 308 feet to the point of beginning. (3)

Secretary

The term Secretary means the Secretary of Agriculture. (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. (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).

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 survey

The Secretary may make corrections to the survey. (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.

1.

Short title

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

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.

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).

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.

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.

April 10, 2008 Reported with an amendment