[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1728 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1728

To modify the boundaries of the Morley Nelson Snake River Birds of Prey 
          National Conservation Area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2017

  Mr. Simpson (for himself and Mr. Labrador) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To modify the boundaries of the Morley Nelson Snake River Birds of Prey 
          National Conservation Area, 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. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF 
              PREY NATIONAL CONSERVATION AREA, IDAHO.

    (a) Definitions.--In this section:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the Morley Nelson Snake River Birds of Prey National 
        Conservation Area.
            (2) Gateway west.--The term ``Gateway West'' means the 
        high-voltage transmission line project in Idaho and Wyoming 
        jointly proposed by the entities Idaho Power Company, 
        incorporated in the State of Idaho, and Rocky Mountain Power, a 
        division of PacifiCorp, an Oregon Corporation.
            (3) Map.--The term ``map'' means the map titled ``Proposed 
        Snake River Birds of Prey NCA Boundary Adjustment'' and dated 
        October 13, 2016.
            (4) Sage-grouse species.--The term ``sage-grouse species'' 
        means the greater sage-grouse (Centrocercus urophasianus) 
        (including all distinct population segments).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Areas To Be Added to and Removed From Morley Nelson Snake River 
Birds of Prey National Conservation Area.--The boundary of the 
Conservation Area is hereby modified--
            (1) to include--
                    (A) the approximately 4726 acres of land generally 
                depicted as ``BLM Administered Lands'' on the map, to 
                the extent such lands are part of the Lower Saylor 
                Creek Allotment those lands would continue to be 
                managed by the BLM Jarbidge Field Office until terms of 
                the No. CV-04-181-S-BLW Stipulated Settlement Agreement 
                are fully met, after which the lands would be managed 
                by the Morley Nelson Snake River Birds of Prey National 
                Conservation Area office; and
                    (B) the approximately 86 acres of land generally 
                depicted as ``BOR Administered Lands'' on the map; and
            (2) to exclude--
                    (A) the approximately 761 acres land generally 
                depicted as ``Segment 8 Revised Proposed Route'' on the 
                map, including 125 feet on either side of the center 
                line of the Gateway West Transmission line, the Gateway 
                West Transmission Line shall be sited so that the 
                center line of Segment 8 is no more than 500 feet from 
                the center line of the existing Summer Lake 
                Transmission Line as described in the Summer Lake 
                Transmission Line Right of Way Grant per FLPMA, IDI-
                008875; and
                    (B) the approximately 1,845 acres land generally 
                depicted as ``Segment 9 Revised Proposed Route'' on the 
                map including 125 feet on either side of the center 
                line of the Gateway West Transmission line.
    (c) Right-of-Way and Conditions.--
            (1) Right-of-way.--Notwithstanding any other provision of 
        law, not later than 90 days after the date of the enactment of 
        this section, the Secretary shall issue to Gateway West a 
        right-of-way for the lands described in subsection (b)(2) to be 
        used for the construction and maintenance of transmission 
        lines, including access roads and activities related to fire 
        prevention and suppression. The right-of-way issued under this 
        paragraph shall contain the conditions described in subsection 
        (c)(2), and be in alignment with the revised proposed routes 
        for segments 8 and 9 identified as Alternative 1 in the 
        Supplementary Final Environmental Impact Analysis released 
        October 5, 2016.
            (2) Conditions.--The conditions that the Secretary shall 
        include in the right-of-way described in paragraph (1) shall be 
        in accordance with section 505 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1765) and are as follows:
                    (A) Mitigation.--During the time of construction of 
                each respective line segment, Gateway West shall 
                mitigate for the impacts related to the transmission 
                lines in accordance with the Compensatory Mitigation 
                and Enhancement framework described in the final 
                Supplemental Environmental Impact Statement with the 
                stipulation that Compensatory Mitigation and 
                Enhancement costs shall not exceed $8,543,440.
                    (B) Conservation.--Gateway West shall contribute 
                $2,000 per acre of right-of-way in the Conservation 
                Area during the time of construction of Segment 8 
                Revised Proposed Route (comprising 761 acres) and 
                during the construction of Segment 9 Revised Proposed 
                Route (comprising 1,845 acres) to the Bureau of Land 
                Management Foundation that shall be used for the 
                purpose of conservation, including enhancing National 
                Landscape Conservation System Units in Idaho, also 
                known as National Conservation Lands.
                    (C) Costs.--Gateway West shall pay all costs 
                associated with the boundary modification, including 
                the costs of any surveys, recording costs, and other 
                reasonable costs.
                    (D) Other.--Standard terms and conditions in 
                accordance with section 505 of the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1765).
    (d) Administration.--The Secretary shall--
            (1) administer the lands described in subsection (b)(1) as 
        part of the Conservation Area in accordance with Public Law 
        103-64 and as part of the National Landscape Conservation 
        System; and
            (2) continue to administer lands described in subsection 
        (b)(2), but as lands that are not included in a Conservation 
        Area or subject to Public Law 103-64.
    (e) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over the approximately 86 acres of land depicted as ``BOR 
Administered Lands'' on the map is hereby transferred from the Bureau 
of Reclamation to the Bureau of Land Management.
    (f) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the Bureau of Land 
Management.
    (g) Management Plan Amendment.--Not later than 18 months after the 
date of the enactment of this Act, the Secretary shall amend the 
management plan for the Conservation Area to address the long-term 
management of the lands described in subsection (b)(1) in order to--
            (1) determine appropriate management activities and uses of 
        the lands described in subsection (b)(1) consistent with Public 
        Law 103-64 and this section;
            (2) continue managing the grazing of livestock on the lands 
        described in subsection (b)(1) in which grazing is established 
        as of the date of the enactment of this section such that the 
        grazing shall be allowed to continue, subject to such 
        reasonable regulations, policies, and practices that the 
        Secretary considers necessary;
            (3) allow motorized access on roads existing on the lands 
        described in subsection (b)(1) on the date of the enactment of 
        this section, subject to such reasonable regulations, policies, 
        and practices that the Secretary considers necessary; and
            (4) allow hunting and fishing on the lands described in 
        subsection (b)(1) consistent with applicable laws and 
        regulations.

SEC. 2. COTTEREL WIND POWER PROJECT.

    The approximately 203 acres of Federal land identified as ``Project 
Area'' on the map titled ``Cotterel Wind Power Project'' and dated 
March 1, 2006, may not be used for the production of electricity from 
wind.

SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION.

    The Secretary of the Interior shall--
            (1) establish a Bureau of Land Management Foundation as a 
        charitable and nonprofit corporation under section 501(c)(3) of 
        the Internal Revenue Code of 1986; and
            (2) grant to such Foundation the same authorities granted 
        to the National Park Foundation for its activities to benefit 
        the National Park Service under subchapter II of chapter 1011 
        of title 54, United States Code, for the purpose of providing 
        opportunities for the Bureau of Land Management to address a 
        variety of specific challenges that could be better addressed 
        with the support of a foundation, including--
                    (A) reclamation of legacy wells, contaminated 
                native lands, and abandoned mine land sites;
                    (B) sustainable management of wild horses and 
                burros;
                    (C) expanded scientific understanding of 
                responsible development techniques;
                    (D) voluntary conservation activities; and
                    (E) proper identification and cataloging of 
                cultural and historical treasure on public lands.
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