[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 583 Reported in Senate (RS)]

                                                       Calendar No. 207
114th CONGRESS
  1st Session
                                 S. 583

                          [Report No. 114-127]

To establish certain wilderness areas in central Idaho and to authorize 
  various land conveyances involving National Forest System land and 
    Bureau of Land Management land in central Idaho, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2015

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

                           September 9, 2015

              Reported by Ms. Murkowski, without amendment

_______________________________________________________________________

                                 A BILL


 
To establish certain wilderness areas in central Idaho and to authorize 
  various land conveyances involving National Forest System land and 
    Bureau of Land Management land in central 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sawtooth National 
Recreation Area and Jerry Peak Wilderness Additions Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                    TITLE I--WILDERNESS DESIGNATIONS

Sec. 101. Additions to National Wilderness Preservation System in the 
                            State of Idaho.
Sec. 102. Administration.
Sec. 103. Water rights.
Sec. 104. Military overflights.
Sec. 105. Adjacent management.
Sec. 106. Native American cultural and religious uses.
Sec. 107. Acquisition of land and interests in land.
Sec. 108. Wilderness review.
             TITLE II--LAND CONVEYANCES FOR PUBLIC PURPOSES

Sec. 201. Short title.
Sec. 202. Blaine County, Idaho.
Sec. 203. Custer County, Idaho.
Sec. 204. City of Challis, Idaho.
Sec. 205. City of Clayton, Idaho.
Sec. 206. City of Stanley, Idaho.
Sec. 207. Terms and conditions of permits or land conveyances.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                land administered by the Forest Service; or
                    (B) the Secretary of the Interior, with respect to 
                land administered by the Bureau of Land Management.
            (2) Wilderness area.--The term ``wilderness area'' means 
        any of the areas designated as a component of the National 
        Wilderness Preservation System by section 101.

                    TITLE I--WILDERNESS DESIGNATIONS

SEC. 101. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE 
              STATE OF IDAHO.

    (a) Hemingway-Boulders Wilderness.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal lands in the 
Sawtooth and Challis National Forests in the State of Idaho, comprising 
approximately 67,998 acres, as generally depicted on the map entitled 
``Hemingway/Boulders Wilderness Area-Proposed'' and dated February 25, 
2015, are designated as wilderness and as a component of the National 
Wilderness Preservation System, which shall be known as the 
``Hemingway-Boulders Wilderness''.
    (b) White Clouds Wilderness.--In accordance with the Wilderness Act 
(16 U.S.C. 1131 et seq.), certain Federal lands in the Sawtooth and 
Challis National Forests in the State of Idaho, comprising 
approximately 90,769 acres, as generally depicted on the map entitled 
``White Clouds Wilderness Area-Proposed'' and dated March 13, 2014, are 
designated as wilderness and as a component of the National Wilderness 
Preservation System, which shall be known as the ``White Clouds 
Wilderness''.
    (c) Jim McClure-Jerry Peak Wilderness.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal lands in the 
Challis National Forest and Challis District of the Bureau of Land 
Management in the State of Idaho, comprising approximately 116,898 
acres, as generally depicted on the map entitled ``Jim McClure-Jerry 
Peak Wilderness'' and dated February 21, 2015, are designated as 
wilderness and as a component of the National Wilderness Preservation 
System, which shall be known as the ``Jim McClure-Jerry Peak 
Wilderness''.
    (d) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a map and legal description for each wilderness area.
            (2) Effect.--Each map and legal description submitted under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Availability.--Each map and legal description submitted 
        under paragraph (1) shall be available in the appropriate 
        offices of the Forest Service or the Bureau of Land Management.

SEC. 102. ADMINISTRATION.

    (a) In General.--Subject to valid existing rights, each wilderness 
area shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
            (1) any reference in that Act to the effective date shall 
        be considered to be a reference to the date of enactment of 
        this Act; and
            (2) with respect to wilderness areas that are administered 
        by the Secretary of the Interior, any reference in the 
        Wilderness Act to the Secretary of Agriculture shall be 
        considered to be a reference to the Secretary of the Interior.
    (b) Consistent Interpretation.--The Secretary of Agriculture and 
the Secretary of the Interior shall seek to ensure that the wilderness 
areas are interpreted for the public as an overall complex linked by--
            (1) common location in the Boulder-White Cloud Mountains; 
        and
            (2) common identity with the natural and cultural history 
        of the State of Idaho and the Native American and pioneer 
        heritage of the State.
    (c) Comprehensive Wilderness Management Plan.--Not later than 3 
years after the date of enactment of this Act, the Secretary of 
Agriculture and the Secretary of the Interior shall collaboratively 
develop wilderness management plans for the wilderness areas.
    (d) Fire, Insects, and Disease.--Within the wilderness areas, the 
Secretary may take such measures as the Secretary determines to be 
necessary for the control of fire, insects, and disease in accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)).
    (e) Livestock.--
            (1) In general.--Within the wilderness areas, the grazing 
        of livestock in which grazing is established before the date of 
        enactment of this Act shall be allowed to continue, subject to 
        such reasonable regulations, policies, and practices as the 
        Secretary determines to be necessary, in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1131(d)(4));
                    (B) with respect to wilderness areas administered 
                by the Secretary of Agriculture, the guidelines 
                described in House Report 96-617 of the 96th Congress; 
                and
                    (C) with respect to wilderness areas administered 
                by the Secretary of the Interior, the guidelines 
                described in appendix A of House Report 101-405 of the 
                101st Congress.
            (2) Donation of grazing permits and leases.--
                    (A) Acceptance by secretary.--
                            (i) In general.--The Secretary shall accept 
                        the donation of any valid existing leases or 
                        permits authorizing grazing on public land or 
                        National Forest System land, all or a portion 
                        of which are within the area depicted as the 
                        ``Boulder White Clouds Grazing Area'' on the 
                        map entitled ``Boulder White Clouds Grazing 
                        Area Map'' and dated January 27, 2010.
                            (ii) Partial donation.--A person holding a 
                        valid grazing permit or lease for a grazing 
                        allotment partially within the area described 
                        in clause (i) may elect to donate only the 
                        portion of the grazing permit or lease that is 
                        within the area.
                    (B) Termination.--With respect to each permit or 
                lease donated under subparagraph (A), the Secretary 
                shall--
                            (i) terminate the grazing permit or lease 
                        or portion of the permit or lease; and
                            (ii) except as provided in subparagraph 
                        (C), ensure a permanent end to grazing on the 
                        land covered by the permit or lease or portion 
                        of the permit or lease.
                    (C) Common allotments.--
                            (i) In general.--If the land covered by a 
                        permit or lease donated under subparagraph (A) 
                        is also covered by another valid grazing permit 
                        or lease that is not donated, the Secretary 
                        shall reduce the authorized level on the land 
                        covered by the permit or lease to reflect the 
                        donation of the permit or lease under 
                        subparagraph (A).
                            (ii) Authorized level.--To ensure that 
                        there is a permanent reduction in the level of 
                        grazing on the land covered by the permit or 
                        lease donated under subparagraph (A), the 
                        Secretary shall not allow grazing use to exceed 
                        the authorized level established under clause 
                        (i).
                    (D) Partial donation.--If a person holding a valid 
                grazing permit or lease donates less than the full 
                amount of grazing use authorized under the permit or 
                lease, the Secretary shall--
                            (i) reduce the authorized grazing level to 
                        reflect the donation; and
                            (ii) modify the permit or lease to reflect 
                        the revised level or area of use.
    (f) Outfitting and Guide Activities.--In accordance with section 
4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial 
services (including authorized outfitting and guide activities) within 
the wilderness areas are authorized to the extent necessary for 
activities which are proper for realizing the recreational or other 
wilderness purposes of the wilderness areas.
    (g) Fish and Wildlife.--Nothing in this title affects the 
jurisdiction of the State of Idaho with respect to the management of 
fish and wildlife on public land in the State, including the regulation 
of hunting, fishing, and trapping within the wilderness areas.
    (h) Access.--In accordance with section 5(a) of the Wilderness Act 
(16 U.S.C. 1134(a)), the Secretary shall provide the owner of State or 
private property within the boundary of a wilderness area adequate 
access to the property.

SEC. 103. WATER RIGHTS.

    (a) Statutory Construction.--Nothing in this title--
            (1) shall constitute either an express or implied 
        reservation by the United States of any water rights with 
        respect to the wilderness areas designated by section 101;
            (2) affects any water rights--
                    (A) in the State of Idaho existing on the date of 
                enactment of this Act, including any water rights held 
                by the United States; or
                    (B) decreed in the Snake River Basin Adjudication, 
                including any stipulation approved by the court in such 
                adjudication between the United States and the State of 
                Idaho with respect to such water rights; or
            (3)(A) establishes a precedent with regard to any future 
        wilderness designations; or
            (B) limits, alters, modifies, or amends section 9 of the 
        Sawtooth National Recreation Area Act (16 U.S.C. 460aa-8).
    (b) 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 101.
            (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. 104. MILITARY OVERFLIGHTS.

    Nothing in this title restricts or precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas, 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. 105. ADJACENT MANAGEMENT.

    (a) In General.--Nothing in this title creates a protective 
perimeter or buffer zone around a wilderness area.
    (b) Activities Outside Wilderness Area.--The fact that an activity 
or use on land outside a wilderness area can be seen or heard within 
the wilderness area shall not preclude the activity or use outside the 
boundary of the wilderness area.

SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title diminishes the treaty rights of any Indian 
tribe.

SEC. 107. ACQUISITION OF LAND AND INTERESTS IN LAND.

    (a) Acquisition.--
            (1) In general.--The Secretary may acquire any land or 
        interest in land within the boundaries of the wilderness areas 
        by donation, exchange, or purchase from a willing seller.
            (2) Land exchange.--Not later than 3 years after the date 
        of enactment of this Act, the Secretary shall seek to complete 
        an exchange for State land located within the boundaries of the 
        wilderness areas designated by this title.
    (b) Incorporation in Wilderness Area.--Any land or interest in land 
located inside the boundary of a wilderness area that is acquired by 
the United States after the date of enactment of this Act shall be 
added to, and administered as part of the, wilderness area.

SEC. 108. WILDERNESS REVIEW.

    (a) National Forest System Land.--Section 5 of Public Law 92-400 
(16 U.S.C. 460aa-4) is repealed.
    (b) Public Land.--
            (1) Finding.--Congress finds that, for purposes 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 wilderness study areas have 
        been adequately studied for wilderness designation:
                    (A) Jerry Peak Wilderness Study Area.
                    (B) Jerry Peak West Wilderness Study Area.
                    (C) Corral-Horse Basin Wilderness Study Area.
                    (D) Boulder Creek Wilderness Study Area.
            (2) Release.--Any public land within the areas described in 
        paragraph (1) that is not designated as wilderness by this 
        title--
                    (A) shall not be 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 II--LAND CONVEYANCES FOR PUBLIC PURPOSES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Central Idaho Economic Development 
and Recreation Act''.

SEC. 202. BLAINE COUNTY, IDAHO.

    The Secretary of Agriculture shall issue a special use permit or 
convey to Blaine County, Idaho, without consideration, not to exceed 
one acre of land for use as a school bus turnaround, as generally 
depicted on the map entitled ``Blaine County Conveyance--Eagle Creek 
Parcel--Proposed'' and dated October 1, 2006.

SEC. 203. CUSTER COUNTY, IDAHO.

    (a) Park and Campground.--The Secretary of the Interior shall 
convey to Custer County, Idaho (in this section referred to as the 
``County''), without consideration, approximately 114 acres of land 
depicted as ``Parcel A'' on the map entitled ``Custer County and City 
of Mackay Conveyances'' and dated April 6, 2010, for use as a public 
park and campground, consistent with uses allowed under the Act of June 
14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 
U.S.C. 869 et seq.).
    (b) Fire Hall.--The Secretary of the Interior shall convey to the 
County, without consideration, approximately 10 acres of land depicted 
as ``Parcel B'' on the map entitled ``Custer County and City of Mackay 
Conveyances'' and dated April 6, 2010, for use as a fire hall, 
consistent with uses allowed under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et 
seq.).
    (c) Waste Transfer Site.--The Secretary of the Interior shall 
convey to the County, without consideration, approximately 80 acres of 
land depicted as ``Parcel C'' on the map entitled ``Custer County and 
City of Mackay Conveyances'' and dated April 6, 2010, to be used for a 
waste transfer site, consistent with uses allowed under the Act of June 
14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 
U.S.C. 869 et seq.).
    (d) Forest Service Road.--
            (1) Conveyance.--The Secretary of Agriculture shall convey 
        to the County, without consideration, the Forest Service road 
        that passes through the parcel of National Forest System land 
        to be conveyed to the City of Stanley, Idaho, under section 206 
        from the junction of the road with Highway 75 to the junction 
        with Valley Creek Road at the City of Stanley boundary.
            (2) Relocation.--The conveyance under paragraph (1) is 
        subject to the condition that the County agree to relocate the 
        portion of the road that passes through the section 206 
        conveyance parcel to the southeast along the boundary of the 
        conveyance parcel.

SEC. 204. CITY OF CHALLIS, IDAHO.

    The Secretary of the Interior shall convey to the City of Challis, 
Idaho, without consideration, approximately 460 acres of land within 
the area generally depicted as ``Parcel B'' on the map entitled 
``Custer County and City of Challis Conveyances'' and dated February 2, 
2010, to be used for public purposes consistent with uses allowed under 
the Act of June 14, 1926 (commonly known as the Recreation and Public 
Purposes Act; 43 U.S.C. 869 et seq.).

SEC. 205. CITY OF CLAYTON, IDAHO.

    (a) Cemetery.--The Secretary of the Interior shall convey to the 
City of Clayton, Idaho (in this section referred to as the ``City''), 
without consideration, approximately 23 acres of land depicted as 
``Parcel A'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for use as a public cemetery.
    (b) Park.--The Secretary of the Interior shall convey to the City, 
without consideration, approximately two acres of land depicted as 
``Parcel B'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for use as a public park or other public purpose 
consistent with uses allowed under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et 
seq.).
    (c) Water Tower.--The Secretary of the Interior shall convey to the 
City, without consideration, approximately two acres of land depicted 
as ``Parcel C'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for location of a water tower, consistent with 
uses allowed under the Act of June 14, 1926 (commonly known as the 
Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
    (d) Wastewater Treatment Facility.--The Secretary of the Interior 
shall convey to the City, without consideration, approximately six 
acres of land depicted as ``Parcel D'' on the map entitled ``City of 
Clayton Conveyances'' and dated April 6, 2010 (including any necessary 
access right-of-way across the river), for use as a wastewater 
treatment facility, consistent with uses allowed under the Act of June 
14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 
U.S.C. 869 et seq.).
    (e) Fire Hall.--The Secretary of the Interior shall convey to the 
City, without consideration, approximately two acres of land depicted 
as ``Parcel E'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for use as a fire hall and related purposes, 
consistent with uses allowed under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et 
seq.).

SEC. 206. CITY OF STANLEY, IDAHO.

    (a) Workforce Housing.--The Secretary of Agriculture shall convey 
to the City of Stanley, Idaho (in this section referred to as the 
``City''), without consideration, a parcel of National Forest System 
land within the Sawtooth National Recreation Area, but outside the area 
managed by the Sawtooth Interpretative and Historical Association under 
special use permit with the Secretary, that consists of approximately 
four acres as indicated on the map entitled ``Custer County and City of 
Stanley Conveyance Parcel-Proposed'' and dated February 24, 2015, for 
the purpose of permitting the City to develop the parcel to provide 
workforce housing for persons employed in the City or its environs.
    (b) Number and Construction of Housing.--The City will construct up 
to 20 apartment units on the parcel conveyed under subsection (a). The 
actual design and configuration of the apartment units will be 
determined by the City in consultation with the Secretary and other 
interested parties, except that units may not exceed two stories and 
must be located near or against the hillside to blend in with the 
terrain.
    (c) Recreation Area Private Land Use Regulations.--The private land 
use regulations of the Sawtooth National Recreation Area shall not 
apply to the parcel conveyed under subsection (a), including with 
regard to the number and type of apartments units to be constructed on 
the parcel.
    (d) Removal of Existing Structure.--The Secretary shall be 
responsible for the removal of the barn located, as of the date of the 
enactment of this Act, on the parcel to be conveyed under subsection 
(a). The Secretary may remove the barn either before the conveyance of 
the parcel or at such later date as the City may request.
    (e) Relation to Required Reversionary Interest.--Consistent with 
the reversionary interest required by section 207(b), the City may 
contract for the development and management of the apartment units 
constructed on the parcel conveyed under subsection (a) so long as the 
City retains ownership of the parcel in perpetuity.

SEC. 207. TERMS AND CONDITIONS OF PERMITS OR LAND CONVEYANCES.

    (a) Terms and Conditions.--The issuance of a special use permit or 
the conveyance of land under this title shall be subject to any terms 
and conditions that the Secretary determines to be appropriate.
    (b) Reversionary Interest.--If any parcel of land conveyed under 
this title ceases to be used for the public purpose for which the 
parcel was conveyed, the parcel shall, at the discretion of the 
Secretary, based on a determination that reversion is in the best 
interests of the United States, revert to the United States.
                                                       Calendar No. 207

114th CONGRESS

  1st Session

                                 S. 583

                          [Report No. 114-127]

_______________________________________________________________________

                                 A BILL

To establish certain wilderness areas in central Idaho and to authorize 
  various land conveyances involving National Forest System land and 
    Bureau of Land Management land in central Idaho, and for other 
                               purposes.

_______________________________________________________________________

                           September 9, 2015

                       Reported without amendment