[Congressional Record Volume 148, Number 56 (Tuesday, May 7, 2002)]
[House]
[Page H2125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H2125]]
       SAND MOUNTAIN WILDERNESS STUDY AREA, IDAHO LAND CONVEYANCE

  Mr. SIMPSON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 2818) to authorize the Secretary of the Interior to convey 
certain public land within the Sand Mountain Wilderness Study Area in 
the State of Idaho to resolve an occupancy encroachment dating back to 
1971.
  The Clerk read as follows:

                               H.R. 2818

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LAND CONVEYANCE, SAND MOUNTAIN WILDERNESS STUDY 
                   AREA, IDAHO.

       (a) Conveyance Authorized.--Notwithstanding section 603(c) 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1782(c)), the Secretary of the Interior may convey to 
     the owner of the Sand Hills Resort in the State of Idaho (in 
     this section referred to as the ``Sand Hills Resort''), all 
     right, title, and interest of the United States in and to a 
     parcel of land consisting of approximately 10.23 acres of 
     public land in the Sand Mountain Wilderness Study Area (#ID 
     35-3) of the Bureau of Land Management in the State of Idaho, 
     as more fully described in subsection (b).
       (b) Description of Land.--The public land to be conveyed 
     under subsection (a) is lot 8 in section 19, township 8 
     north, range 40 east, Boise meridian, Idaho.
       (c) Consideration.--As consideration for the conveyance of 
     the land under subsection (a), the Sand Hills Resort shall 
     pay to the Secretary an amount equal to the fair market value 
     of the land, as valued by qualified land appraisal.
       (d) Exemption From Interim Management Policy.--To 
     facilitate the conveyance authorized by subsection (a), the 
     land to be conveyed is exempt from all requirements of the 
     Interim Management Policy for Lands Under Wilderness Review 
     of the Bureau of Land Management.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Idaho (Mr. Simpson) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Idaho (Mr. Simpson).
  Mr. SIMPSON. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 2818 is a simple, straightforward bill that would 
convey approximately 10.23 acres of public land located within the 
Bureau of Land Management Sand Mountain Wilderness Study Area, located 
near St. Anthony in southeast Idaho, to the owner of the Sand Hills 
Resort. The Sand Hills Resort will pay fair market value for the land 
as valued by an appraisal.
  In 1971, Mr. Williams, the current owner of the Sand Hills Resort, 
purchased the 5-acre resort and existing developments and over the 
ensuing 31 years has added numerous improvements to the property. The 
resort is a gateway to the St. Anthony Sand Dunes, a popular 
recreational area in southeast Idaho. Unfortunately, the 5-acre resort 
and a small strip of land containing roads, camping sites and power 
lines was inadvertently included in BLM's Sand Mountain Wilderness 
Study Area boundary, which was established in 1981.
  Mr. Williams successfully operated the resort until the early 1990s, 
when the BLM began to question the location of the resort and several 
facilities located on the resort. In 1995, a survey was initiated 
confirming that the majority of the resort's facilities, including a 
portion of Mr. Williams' house, were encroaching on public land. Since 
June of 1998, the resort has operated under a Special Land Use Permit, 
which temporarily authorizes Mr. Williams' use of the public land in 
question and allows the BLM to collect a fair market rent.
  In June of 1997, the BLM began working to sell Mr. Williams 10 acres 
of land in order to resolve the encroachment issue. In September of 
1997, the BLM published A Notice of Intent to Prepare a Land Use Plan 
Amendment, the first step in the process that would have adjusted the 
boundary of the Sand Mountain Wilderness Study Area and allowed the BLM 
to sell approximately 10 acres to the Sand Hills Resort. Unfortunately, 
the local BLM office was not able to move forward with the plan 
amendment due to concerns that the proposed sale violated the BLM's 
Interim Management Policy for Wilderness Study Area Management.
  Until the encroachment issue is resolved, Mr. Williams cannot gain 
clear title to his property, preventing him from obtaining a loan 
against the property or making improvements to the property. 
Furthermore, this prevents Mr. Williams or his family from selling the 
resort, placing an undue financial hardship on Mr. Williams and his 
family.
  H.R. 2818 is a win-win solution to this longstanding issue. The 
Resources Committee and the administration support it, and I urge my 
colleagues to support this bipartisan, common sense legislation.
  Madam Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Madam Speaker, I yield myself such time as I might 
consume.
  The problem this bill is intended to address is the result of two 
different but related mistakes. The first mistake was to include this 
small parcel of private property within the boundaries of a Wilderness 
Study Area. The second was the encroachment onto Federal lands by the 
Sand Hills Resort. The Bureau of Land Management might have resolved 
the encroachment administratively had the area not been within a 
Wilderness Study Area. Thus, the two mistakes compounded each other.
  Clearly, the sale of part of a WSA raises serious concerns. We would 
strongly oppose any legislation authorizing such a sale to a landowner 
who had purposely trespassed on Federal land as a means of eventually 
acquiring property that might not otherwise have been available for 
disposal.
  Unfortunately, determining precisely what this landowner knew or 
should have known and when he knew or should have known it would 
require an investigation of events that transpired more than 30 years 
ago. Further, it appears the property lines in this area of shifting 
sand dunes have only recently been established conclusively, and a 
certain amount of confusion is not surprising.
  Therefore, allowing this landowner to purchase a small parcel for 
fair market value seems a reasonable solution to a difficult problem, 
and therefore we will not oppose H.R. 2818.
  Madam Speaker, I have no further speakers on this bill, and I yield 
back the balance of my time.
  Mr. SIMPSON. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Idaho (Mr. Simpson) that the House suspend the rules and 
pass the bill, H.R. 2818.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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