Congressional Record, Volume 152 Issue 98 (Monday, July 24, 2006)

[Congressional Record Volume 152, Number 98 (Monday, July 24, 2006)]
[House]
[Pages H5618-H5630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION ACT

Mr. WALDEN of Oregon. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 3603) to promote the economic development and
recreational use of National Forest System lands and other public lands
in central Idaho, to designate the Boulder-White Cloud Management Area
to ensure the continued management of certain National Forest System
lands and Bureau of Land Management lands for recreational and grazing
use and conservation and resource protection, to add certain National
Forest System lands and Bureau of Land Management lands in central
Idaho to the National Wilderness Preservation System, and for other
purposes, as amended.
The Clerk read as follows:

H.R. 3603

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Central
Idaho Economic Development and Recreation Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title and table of contents.

TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION

Sec. 101. Land conveyance, designated Sawtooth National Recreation Area
land to Custer County, Idaho.
Sec. 102. Land conveyance, designated Sawtooth National Forest and BLM
land to Blaine County, Idaho.
Sec. 103. Land conveyance, designated National Forest System land to
City of Stanley, Idaho.
Sec. 104. Land conveyance, designated BLM land to City of Clayton,
Idaho.
Sec. 105. Land conveyance, designated BLM land to City of Mackay,
Idaho.
Sec. 106. Land conveyance, designated BLM land to City of Challis,
Idaho.
Sec. 107. Land conveyance authority, support for motorized and bicycle
recreation, public land in central Idaho.
Sec. 108. Treatment of existing roads and trails.
Sec. 109. Stanley-Redfish Lake bike and snowmobile trail and related
parking lot.
Sec. 110. Support for other trail construction and maintenance
activities.
Sec. 111. Support for outfitter and guide activities.
Sec. 112. Grants to support sustainable economic development and
recreation.
Sec. 113. Continuation of public access to Bowery National Forest Guard
Station.
Sec. 114. Expansion and improvement of Herd Lake Campground.
Sec. 115. Land exchange to eliminate State of Idaho inholdings in
Sawtooth National Recreation Area and new wilderness
areas.

TITLE II--CENTRAL IDAHO WILDERNESS AREAS

Sec. 201. Additions to National Wilderness Preservation System.
Sec. 202. General administration of wilderness areas.
Sec. 203. Acquisition of mineral interests and lands from willing
sellers.
Sec. 204. Adjacent management.
Sec. 205. Wildfire management.
Sec. 206. Water rights.
Sec. 207. Wildlife management.
Sec. 208. Native American cultural and religious uses.
Sec. 209. Military overflights.
Sec. 210. Wilderness review.

TITLE III--BOULDER-WHITE CLOUDS MANAGEMENT AREA

Sec. 301. Establishment of management area.
Sec. 302. Land acquisition and acquisition of unpatented mining claims
in management area.
Sec. 303. Motorized and bicycle travel.
Sec. 304. Support and use of Idaho Off Road Motor Vehicle Program.
Sec. 305. Airports and landing strips.
Sec. 306. Management of Railroad Ridge area, Sawtooth National Forest.

TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION

SEC. 101. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL
RECREATION AREA LAND TO CUSTER COUNTY, IDAHO.

[[Page H5619]]

(B) Size.--No more than 850 square feet gross floor space
in the aggregate. Single story, no more than 26 feet from
natural ground level.
(C) Design.--Western ranch-style comprised of rectangular
or square sections with no more than one ridgeline.
(D) Windows.--Rectangular or square, divided light of no
more than 24 square feet.
(E) Structural siding.--Log, log-sided, rough-sawn lumber,
board and batten, or suitable wood substitutes, which shall
be harmoniously colored or have a natural wood finish.
(F) Roof.--Wood, composite, or non-reflective metal in
muted earth tones of brown.
(4) Limitations regarding satellite dish.--Each home site
may contain not more than one satellite dish, not to exceed
24 inches in diameter, which shall be located as
unobtrusively as best available technology allows.
(5) Limitations regarding exterior lighting.--Each home
site may contain not than two exterior lighting sources,
which shall be shielded downwards and may not exceed 150
watts each. Neither light source may be flashing.
(6) Limitations regarding landscaping.--The landscaping for
each home site shall be compatible with the open setting of
the home site and incorporate materials, groundcover, shrubs,
and trees that are indigenous to the area. Areas exposed due
to excavation shall be rehabilitated to pre-excavation
conditions within two years following completion of
construction.
(7) Limitations regarding roads and driveways.--Any road or
driveway for a home site may not exceed 14 feet in width.
(8) Limitations regarding fencing.--Fences on a home site
shall be in the log worm, log block, or jack style and shall
incorporate wildlife-friendly elements.
(9) Limitations regarding utilities.--All new utilities
serving a home site shall be located underground.
(c) Prohibitions.--
(1) Subdivision.--Except as expressly authorized in
subsection (b) regarding the land conveyed under subsection
(a), the conveyed land may not be divided, subdivided or
defacto subdivided through sales, long-term leases, or other
means.
(2) Prohibited uses.--The land conveyed under subsection
(a) may not be used for any of the following purposes:
(A) Commercial, manufacturing, industrial, mining, or
drilling operations, except that small in-home businesses,
such as professional services, may be allowed.
(B) Exploration, development, or extraction of minerals.
(C) Dumping or accumulation of trash, debris, junk cars,
unserviceable equipment, or other unsightly materials.
(D) Placement of residential trailers, mobile homes,
manufactured homes, modular buildings, or other such semi-
permanent structures.
(E) Placement of towers, antennae, or satellite dishes that
are not concealed from public view, except to the extent that
the right is expressly granted in subsection (b)(4).
(F) Placement of signs, billboards, or other advertising
devices, other than one property identification sign and one
for sale or rental sign, not to exceed two square feet in
area, and such signs shall be harmonious in design and color
with the surroundings.
(G) Disposal or unlawful storage of hazardous substances,
as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(d) Survey and Legal Description.--The exact acreage and
legal description of the land to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
Secretary. The legal description shall be prepared as soon as
practicable after the date of the enactment of this Act.
(e) Approval and Access Requirements.--Any improvement to
be made to a home site developed on the land conveyed under
subsection (a) shall be subject to the approval in writing,
and in advance of being made, by the appropriate County
officials. Representatives of the County may enter the home
sites at reasonable times to monitor compliance with the deed
restrictions imposed by subsection (b).
(f) Enforcement.--As a condition on the conveyance under
subsection (a), the County shall agree to enforce the deed
restrictions imposed by subsections (b) and (c).
(g) Reversionary Interest.--If the Secretary determines at
any time that a home site developed on the land conveyed
under subsection (a) is not in compliance with the deed
restrictions imposed by subsection (b) or (c), all right,
title, and interest in and to the home site, including any
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing, and the Secretary shall give the
landowner a reasonable opportunity to restore the home site
to compliance with the deed restrictions.
(h) Road Access.--In making the conveyance under subsection
(a) to the County, the Secretary shall include a deed
restriction requiring that the road referred to in such
subsection shall remain open to the public to provide access
to adjacent Federal land and private property.
(i) Additional Term 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.

SEC. 102. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL
FOREST AND BLM LAND TO BLAINE COUNTY, IDAHO.

(a) Conveyance Required.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, and the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management, shall convey, without
consideration, to Blaine County, Idaho (in this section
referred to as the ``County''), all right, title, and
interest of the United States in and to the parcels of
Federal land in the Sawtooth National Forest and Bureau of
Land Management land identified for conveyance under this
section on the map entitled ``Blaine County Conveyance'' and
dated July 24, 2006.
(b) Survey.--The exact acreage and legal description of the
land to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary.
(c) Additional Term 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.

SEC. 103. LAND CONVEYANCE, DESIGNATED NATIONAL FOREST SYSTEM
LAND TO CITY OF STANLEY, IDAHO.

(a) Conveyance Required.--Subject to the deed restrictions
required by subsection (b), the Secretary of Agriculture,
acting through the Chief of the Forest Service, shall convey
to the City of Stanley, Idaho (in this section referred to as
the ``City''), all right, title, and interest of the United
States in and to National Forest System land consisting of
two parcels containing a total of approximately 8 acres
adjoining the western boundary of the City and a total of
approximately 68 acres, including roads and improvements,
adjoining the northeastern boundary of the City,
respectively, and identified as Parcels A and C on the map
entitled ``STANLEY CONVEYANCE'' and dated July 24, 2006.
(b) Use of Parcel A Land.--In making the conveyance under
subsection (a) to the City of the land identified as Parcel A
on the map referred to in such subsection, the Secretary
shall include the following deed restrictions relating to the
use of the conveyed land to ensure that such use is
consistent with the planning process of the City and Custer
County, Idaho, and management of adjacent National Forest
System land:
(1) Limitation on number of home sites.--Not more than 4
home sites may be developed on Parcel A.
(2) Limitations regarding house construction.--Not more
than one single-family house may be constructed on each home
site, and each house shall be subject to the following
requirements:
(A) Use.--Residential.
(B) Size.--Not more than 3,000 square feet gross floor
space, including attached garage, but excluding basements,
decks, and porches. Single story, no more than 22 feet in
height from natural ground level, excluding any chimney.
(C) Design.--Western ranch-style, having rectangular or
square sections with no more than two ridgelines, excluding
dormers.
(D) Windows.--Rectangular or square, divided light, and no
more than 24 square feet in size. Windows with exterior walls
visible from Highway 21 shall not exceed 30 percent of the
area of the wall.
(E) Structural siding.--Log, log-sided, rough-sawn lumber,
board and batten, or suitable wood substitutes, which shall
be harmoniously colored or have a natural wood finish.
(F) Roof.--Wood, composite, or non-reflective metal in
muted earth tones of brown.
(3) Limitations regarding outbuildings.--Not more than one
outbuilding may be constructed on each home site, and the
outbuilding shall be subject to the following requirements:
(A) Use.--A outbuilding may not include kitchen or sleeping
facilities or otherwise be equipped for residential purposes.
(B) Size.--No more than 600 square feet gross floor space
in the aggregate. Single story, no more than 22 feet from
natural ground level.
(C) Design.--Western ranch-style comprised of rectangular
or square sections with no more than one ridgeline.
(D) Windows.--Rectangular or square, divided light of no
more than 24 square feet.
(E) Structural siding.--Log, log-sided, rough-sawn lumber,
board and batten, or suitable wood substitutes, which shall
be harmoniously colored or have a natural wood finish.
(F) Roof.--Wood, composite, or non-reflective metal in
muted earth tones of brown.
(4) Limitations regarding satellite dish.--Each home site
may contain not more than one satellite dish, not to exceed
24 inches in diameter, which shall be located as
unobtrusively as best available technology allows.
(5) Limitations regarding exterior lighting.--Each home
site may contain not than two exterior lighting sources,
which shall be shielded downwards and may not exceed 150
watts each. Neither light source may be flashing.
(6) Limitations regarding landscaping.--The landscaping for
each home site shall be

[[Page H5620]]

compatible with the open setting of the home site and
incorporate materials, groundcover, shrubs, and trees that
are indigenous to the area. Areas exposed due to excavation
shall be rehabilitated to pre-excavation conditions within
two years following completion of construction.
(7) Limitations regarding roads and driveways.--Any road or
driveway for a home site may not exceed 14 feet in width.
(8) Limitations regarding fencing.--Fences on a home site
shall be in the log worm, log block, or jack style and shall
incorporate wildlife-friendly elements.
(9) Limitations regarding utilities.--All new utilities
serving a home site shall be located underground.
(c) Use of Parcel C Land.--In making the conveyance under
subsection (a) to the City of the land identified as Parcel C
on the map referred to in such subsection, the Secretary
shall include the following deed restrictions relating to the
use of the conveyed land to ensure that such use is
consistent with the planning process of the City and Custer
County, Idaho, and management of National Forest System land:
(1) Authorized uses.--Parcel C may be used--
(A) to provide housing for persons employed full-time,
whether on a year-round basis or seasonally, within the
Sawtooth National Recreation Area; and
(B) for other public purposes, including use as the site
for a park, cemetery, community center, or educational
facility
(2) Limitations regarding construction.--Any structure
constructed on Parcel C shall be subject to the following
requirements:
(A) Size.--The size of the structure shall be compatible
with the building site and type of use.
(B) Design.--Western ranch-style, having rectangular or
square sections with no more than three ridgelines, excluding
dormers.
(C) Height.--The height of any structure shall not exceed
30 feet from natural ground level.
(D) Windows.--Rectangular or square, divided light, and no
more than 24 square feet in size. Windows with exterior walls
facing Highways 21 or 75 shall not exceed 30 percent of the
area of the wall.
(E) Structural siding.--Log, log-sided, rough-sawn lumber,
board and batten, or suitable wood substitutes, which shall
be harmoniously colored or have a natural wood finish.
(F) Roof.--Wood, composite, or non-reflective metal in
muted earth tones of brown.
(3) Limitations regarding satellite dish.--Each structure
may contain not more than one satellite dish, not to exceed
24 inches in diameter, which shall be located as
unobtrusively as best available technology allows.
(4) Limitations regarding exterior lighting.--Exterior
lighting sources shall be shielded downwards and may not be
flashing.
(5) Limitations regarding landscaping.--The landscaping for
each structure shall be compatible with an open setting and
incorporate materials, groundcover, shrubs, and trees that
are indigenous to the area. Areas exposed due to excavation
shall be rehabilitated to pre-excavation conditions within
two years following completion of construction.
(6) Limitations regarding roads and driveways.--Any road or
driveway for a structure may not exceed 24 feet in width.
(7) Limitations regarding fencing.--Any fence in Parcel C
shall be in the log worm, log block, or jack style and shall
incorporate wildlife-friendly elements.
(8) Limitations regarding utilities.--All new utilities
serving Parcel C shall be located underground.
(9) Signage.--Only signs identifying a commercial
enterprise being conducted on Parcel C may be placed on the
parcel. Signs may not exceed 20 square feet in area, and
shall be subdued in appearance and harmonizing in design and
color with the surroundings. No sign may be flashing.
(10) Limitations regarding stream setbacks.--To protect the
integrity of fish habitat and Valley Creek from the impact of
development, a minimum setback of 100 feet from each bank of
Valley Creek shall be required for the construction of all
houses and other structures on Parcel C.
(d) Prohibitions.--
(1) Subdivision.--Except as expressly authorized in
subsection (b) or (c) regarding the land conveyed under
subsection (a), the conveyed land may not be divided,
subdivided or defacto subdivided through sales, long-term
leases, or other means.
(2) Prohibited uses.--The land conveyed under subsection
(a) may not be used for any of the following purposes:
(A) Commercial, manufacturing, industrial, mining, or
drilling operations, except that small in-home businesses,
such as professional services, may be allowed, and, subject
to subsection (c)(1)(B), certain commercial operations may be
allowed on the land identified as Parcel C on the map
referred to in subsection (a).
(B) Exploration, development, or extraction of minerals.
(C) Dumping or accumulation of trash, debris, junk cars,
unserviceable equipment, or other unsightly materials.
(D) Placement of residential trailers, mobile homes,
manufactured homes, modular buildings, or other such semi-
permanent structures.
(E) Placement of towers, antennae, or satellite dishes that
are not concealed from public view, except to the extent that
the right is expressly granted in subsection (b)(4) or
(c)(3).
(F) Placement of signs, billboards, or other advertising
devices, except--
(i) as provided in subsection (c)(9) with regard to the
land identified as Parcel C; and
(ii) one property identification sign and one for sale or
rental sign, not to exceed two square feet in area, which
shall be harmonious in design and color with the
surroundings.
(G) Disposal or unlawful storage of hazardous substances,
as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(e) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the City shall pay to the
Secretary an amount equal to the amount originally expended
by the United States to acquire the parcel of land identified
as Parcel A on the map referred to in such subsection. The
City shall provide the consideration not later than one year
after the date on which the City disposes of the parcel after
obtaining title of the parcel under subsection (a).
(2) Disposition and use of proceeds.--The amount received
as consideration under this subsection shall be--
(A) deposited and merged with funds appropriated for the
operation of the Sawtooth National Recreation Area in order
to supplement such appropriations; and
(B) available to the Secretary, without further
appropriation and until expended, for conservation activities
in the recreation area.
(f) Survey and Legal Description.--The exact acreage and
legal description of the land to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
Secretary. The legal description shall be prepared as soon as
practicable after the date of the enactment of this Act.
(g) Approval and Access Requirements.--
(1) General requirements.--Any improvement to be made to
land conveyed under subsection (a) shall be subject to the
approval in writing, and in advance of being made, by the
appropriate City officials. Representatives of the City may
enter the land at reasonable times to monitor compliance with
the deed restrictions imposed by subsection (b), (c), or (d).
(2) Preparation and approval of development plan for parcel
c.--The land identified as Parcel C on the map referred to in
subsection (a) and conveyed to the City under such subsection
shall not be developed until such time as a development plan
consistent with subsections (c) and (d) is reviewed and
approved by a special commission consisting of at least one
elected official representing Custer County, one elected
official representing the City, and three individuals who are
not employed by or officials of the County or City and reside
within the boundaries of the Sawtooth National Recreation
Area. The non-governmental representatives shall be selected
jointly by the elected officials on the commission.
(h) Enforcement.--As a condition on the conveyance under
subsection (a), the City shall agree to enforce the deed
restrictions imposed by subsections (b), (c), and (d).
(i) Reversionary Interest.--If the Secretary determines at
any time that any portion of the land conveyed under
subsection (a) is not being used in compliance with the deed
restrictions applicable to that portion of the land under
subsection (b), (c), or (d), all right, title, and interest
in and to that portion of the land, including any
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing, and the Secretary shall give the
landowner a reasonable opportunity to restore the property to
compliance with the deed restrictions.
(j) Survey.--The exact acreage and legal description of the
land to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary.
(k) Road Access.--In making the conveyance under subsection
(a) to the City, the Secretary shall include a deed
restriction requiring that the roads referred to in such
subsection shall remain open to the public to provide access
to adjacent Federal land and private property.
(l) Additional Term 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.

SEC. 104. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF
CLAYTON, IDAHO.

(a) Conveyance Required.--The Secretary of the Interior,
acting through the Director of the Bureau of Land Management,
shall convey, without consideration, to the City of Clayton,
Idaho (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of Bureau of Land Management land, including roads
thereon, identified for conveyance under this section on the
map entitled ``City of Clayton Conveyance'' and dated July
24, 2006.
(b) Survey.--The exact acreage and legal description of the
land to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost

[[Page H5621]]

of the survey shall be borne by the Secretary.
(c) Road Access.--In making the conveyance under subsection
(a) to the City, the Secretary shall include a deed
restriction requiring that the roads referred to in such
subsection shall remain open to the public to provide access
to adjacent Federal land and private property.
(d) Additional Term 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.

SEC. 105. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF
MACKAY, IDAHO.

(a) Conveyance Required.--The Secretary of the Interior,
acting through the Director of the Bureau of Land Management,
shall convey, without consideration, to the City of Mackay,
Idaho (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of Bureau of Land Management land, including roads
thereon, identified for conveyance under this section on the
map entitled ``City of Mackay Conveyance'' and dated July 24,
2006.
(b) Survey.--The exact acreage and legal description of the
land to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary.
(c) Road Access.--In making the conveyance under subsection
(a) to the City, the Secretary shall include a deed
restriction requiring that the roads referred to in such
subsection shall remain open to the public to provide access
to adjacent Federal land and private property.
(d) Additional Term 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.

SEC. 106. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF
CHALLIS, IDAHO.

(a) Conveyance Required.--The Secretary of the Interior,
acting through the Director of the Bureau of Land Management,
shall convey, without consideration, to the City of Challis,
Idaho (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of Bureau of Land Management land, including roads
thereon, identified for conveyance under this section on the
map entitled ``City of Challis Conveyance'' and dated July
24, 2006.
(b) Survey.--The exact acreage and legal description of the
land to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary.
(c) Road Access.--In making the conveyance under subsection
(a) to the City, the Secretary shall include a deed
restriction requiring that the roads referred to in such
subsection shall remain open to the public to provide access
to adjacent Federal land and private property.
(d) Additional Term 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.

SEC. 107. LAND CONVEYANCE AUTHORITY, SUPPORT FOR MOTORIZED
AND BICYCLE RECREATION, PUBLIC LAND IN CENTRAL
IDAHO.

(a) Motorized Recreation Park.--Subject to subsection (b),
the Secretary of the Interior shall convey, without
consideration, to the State of Idaho (in this section
referred to as the ``State'') all right, title, and interest
of the United States in and to a parcel or parcels of Bureau
of Land Management land, including roads thereon, consisting
of approximately 960 acres near Boise, Idaho, and identified
for conveyance under this section on the map entitled ``STATE
OF IDAHO--Boise Motorized Park Conveyance'' and dated October
1, 2006, for the purpose of permitting the State to establish
a motorized recreation park on the land. As a condition of
the conveyance of the land, the State shall agree to include
a beginner track as part of the recreation park to be used to
teach safe, responsible riding techniques and to establish
areas for drivers with different levels of skills.
(b) Reservation of Portion for Bicycle Use.--As a condition
of the conveyance of the land under subsection (a), the State
shall reserve 20 acres of the conveyed land for the use of
mountain bikes and open the reserved portion to such use as
soon as practicable after the date of the conveyance. Funds
appropriated pursuant to the authorization of appropriations
in section 109(d)(1)(A) shall be available to facilitate the
establishment of the bicycle portion of the recreation park.
(c) Survey.--The exact acreage and legal description of the
land to be conveyed under this section shall be determined by
a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the State.
(d) Road Access.--In making a conveyance under subsection
(a) to the State, the Secretary shall include a deed
restriction requiring that the roads referred to in such
subsection shall remain open to the public to provide access
to adjacent Federal land and private property.
(e) Additional Term and Conditions.--The Secretary
concerned may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 108. TREATMENT OF EXISTING ROADS AND TRAILS.

In making the conveyances required by this title, the
Secretary of Agriculture and the Secretary of the Interior
shall include deed restrictions to ensure that any roads and
trails located on the conveyed land remain open to public use
notwithstanding any subsequent conveyance of the land by the
recipient of the land.

SEC. 109. STANLEY-REDFISH LAKE BIKE AND SNOWMOBILE TRAIL AND
RELATED PARKING LOT.

(a) Development of Trail.--The Secretary of Agriculture
shall design, construct, and maintain a hardened surface
trail between the City of Stanley, Idaho, and Redfish Lake
that is designated for use--
(1) by pedestrians and non-motorized vehicles generally;
and
(2) as a snowmobile route when there is adequate snow
cover.
(b) Acquisition From Willing Sellers.--Any land or
interests in land to be acquired by the Secretary for
construction of the paved trail required by subsection (a)
shall be acquired only by donation or by purchase from
willing sellers.
(c) Assistance for Construction of Parking Lot.--The
Secretary may make a grant to the City of Stanley, Idaho, to
assist the City in constructing a parking lot on City
property at the north end of the trail required by subsection
(a) for use for snowmobile and general parking and for other
purposes related to the trail.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary--
(A) $400,000 for the design, construction, and maintenance
of the trail required by subsection (a) and for land
acquisition associated with the construction of the trail;
and
(B) $100,000 for the grant under subsection (c).
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations contained in paragraph (1)
shall remain available until expended.

SEC. 110. SUPPORT FOR OTHER TRAIL CONSTRUCTION AND
MAINTENANCE ACTIVITIES.

There is authorized to be appropriated to the Secretary of
Agriculture or the Secretary of the Interior $50,000 for the
construction and maintenance of bicycle trails in the State
of Idaho. Amounts appropriated pursuant to this authorization
of appropriations shall remain available until expended.

SEC. 111. SUPPORT FOR OUTFITTER AND GUIDE ACTIVITIES.

(a) Existing Operating Permits.--
(1) Extension.--Before the end of the one-year period
beginning on the date of the enactment of this Act, the
Secretary of Agriculture and the Secretary of the Interior
shall grant, for each guide or outfitter operating permit
described in paragraph (2), a 10-year extension beyond the
expiration date of the current permit. The Secretary
concerned may require the modification of the extended permit
as necessary to comply with the requirements of this Act.
(2) Covered permits.--Paragraph (1) applies to each guide
and outfitter operating permit in effect as of the date of
the enactment of this Act that authorized activities on lands
included in a wilderness area designated by title II or the
Boulder-White Cloud Management Area established by title III.
(3) Exception.--The Secretary of Agriculture or the
Secretary of the Interior may refuse to grant the extension
of a permit under paragraph (1) only if the Secretary
concerned determines that the permittee has not operated in a
satisfactory manner in compliance with the terms and
conditions of the permit.
(b) Future Outfitter and Guide Activities.--Future
extensions of outfitter and guide activities and permits for
outfitters on lands included in a wilderness area designated
by title II or the Boulder-White Cloud Management Area
established by title III shall be administered in accordance
with applicable Federal laws and resource management plans.
No person shall conduct outfitter and guide activities on
such Federal land except as authorized by the Secretary
concerned.

SEC. 112. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC DEVELOPMENT
AND RECREATION.

(a) Grant to Custer County, Idaho.--The Secretary of
Agriculture may make a grant to Custer County, Idaho, for the
purpose of assisting the County in supporting sustainable
economic development in the County.
(b) Grant to State of Idaho.--The Secretary of Agriculture
may make a grant to the State of Idaho Parks and Recreation
Department for the purpose of assisting the State in
acquiring and developing Bayhorse Campground for use as a
State park.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture--
(1) $5,100,000 to make the grant under subsection (a); and
(2) $500,000 to make the grant under subsection (b).

SEC. 113. CONTINUATION OF PUBLIC ACCESS TO BOWERY NATIONAL
FOREST GUARD STATION.

(a) Construction of Road and Bridge.--To ensure continued
public access to the Bowery Guard Station, the Secretary of
Agriculture shall construct a new road on National Forest
System lands, to the east of

[[Page H5622]]

the existing private property line on the east side of the
Leisinger property, and a new bridge over West Pass Creek as
part of such road.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section. Amounts appropriated
pursuant to this authorization of appropriations shall remain
available until expended.

SEC. 114. EXPANSION AND IMPROVEMENT OF HERD LAKE CAMPGROUND.

(a) Expansion and Improvement of Campground.--The Secretary
of the Interior shall expand and improve the Herd Lake
Campground facilities located below the outlet of Herd Lake.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $500,000 to carry out
this section. Amounts appropriated pursuant to this
authorization of appropriations shall remain available until
expended.

SEC. 115. LAND EXCHANGE TO ELIMINATE STATE OF IDAHO
INHOLDINGS IN SAWTOOTH NATIONAL RECREATION AREA
AND NEW WILDERNESS AREAS.

(a) Exchanges Authorized.--The Secretary of Agriculture and
the Secretary of the Interior may execute one or more land
exchanges with the State of Idaho for the purpose of
eliminating State inholdings within the boundaries of the
Sawtooth National Recreation Area and the wilderness areas
designated by title II. The Federal land available for use to
carry out an exchange under this section and the State
inholdings to be acquired are depicted on the map entitled
``SNRA State of Idaho Land Transfer'' and dated October 1,
2006.
(b) Exchange Process.--The land exchanges authorized by
this section shall be carried out in the manner provided in
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).

TITLE II--CENTRAL IDAHO WILDERNESS AREAS

SEC. 201. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.

(a) Additions.--Congress has determined that the following
lands in central Idaho shall be designated as wilderness and
managed as components of the National Wilderness Preservation
System:
(1) Hemingway-boulders wilderness.--Certain Federal land in
the Sawtooth and Challis National Forests, comprising
approximately 105,000 acres, as generally depicted on the map
entitled ``Hemingway-Boulders'' and dated July 24, 2006,
which shall be known as the ``Hemingway-Boulders
Wilderness''.
(2) White clouds wilderness.--Certain Federal land in the
Sawtooth and Challis National Forests, comprising
approximately 73,100 acres, as generally depicted on the map
entitled ``White Clouds'' and dated July 24, 2006, which
shall be known as the ``White Clouds Wilderness''.
(3) Jerry peak wilderness.--Certain Federal land in the
Challis National Forest and Challis District of the Bureau of
Land Management, comprising approximately 131,700 acres, as
generally depicted on the map entitled ``Jerry Peak
Wilderness'' and dated July 24, 2006, which shall be known as
the ``Jerry Peak Wilderness''. In the case of the Bureau of
Land Management land designated as wilderness by this
paragraph, the land is included in the National Landscape
Conservation System.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture, in the
case of the wilderness areas designated by paragraphs (1) and
(2) of subsection (a) and the National Forest System land
designated as wilderness by paragraph (3) of such subsection,
and the Secretary of the Interior, in the case of the Bureau
of Land Management land designated as wilderness by paragraph
(3) of such subsection, in this title referred to as the
``Secretary concerned'', shall file a map and legal
description of the wilderness areas designated by such
subsection with the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Effect.--Each map and legal description shall have the
same force and effect as if included in this title, except
that the Secretary concerned may correct clerical and
typographical errors in the map or legal description.
(3) Availability.--Each map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management or the
Forest Service.
(c) Withdrawal.--Subject to valid existing rights, the
wilderness areas designated in subsection (a) are withdrawn
from all forms of entry, appropriation, and disposal under
the public land laws, location, entry, and patent under the
mining laws, and operation of the mineral leasing, mineral
materials, and geothermal leasing laws.

SEC. 202. GENERAL ADMINISTRATION OF WILDERNESS AREAS.

(a) Application of Wilderness Act.--Subject to valid
existing rights, the wilderness areas designated by section
201 shall be managed by the Secretary concerned in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
title. With respect to the wilderness areas, any reference in
the Wilderness Act to the effective date of the Wilderness
Act shall be deemed to be a reference to the date of the
enactment of this Act, and any reference in the Wilderness
Act to the Secretary of Agriculture shall be deemed to be a
reference to the Secretary concerned.
(b) Consistent Interpretation to the Public.--Although the
wilderness areas designated by section 201 consist of
National Forest System land under the jurisdiction of the
Secretary of Agriculture and public land under the
jurisdiction of the Secretary of the Interior, the Secretary
of Agriculture and the Secretary of the Interior shall
collaborate to assure that the wilderness areas are
interpreted to the public as an overall complex tied together
by common location in the Boulder-White Cloud Mountains and
common identity with the natural and cultural history of the
State of Idaho and its Native American and pioneer heritage.
(c) Comprehensive Wilderness Management Plan.--Not later
than three years after the date of the enactment of this Act,
the Secretary of Agriculture and Secretary of the Interior
shall collaborate to develop a comprehensive wilderness
management plan for the wilderness areas designated by
section 201. The completed management plan shall be submitted
to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate.
(d) Fire, Insects, and Diseases.--Within the wilderness
area designated by section 201, the Secretary concerned may
take such measures as the Secretary concerned determines to
be necessary for the control of fire, insects, and diseases,
subject to such conditions as the Secretary concerned
considers desirable, as provided in section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1131(d)(1)).
(e) Wilderness Trails and Trailheads.--
(1) Construction of new trailhead.--The Secretary concerned
shall construct a new trailhead for nonmotorized users and
improve access to the Big Boulder Trailhead to separate
motorized users from nonmotorized users.
(2) Inclusion of accessible trail.--The Secretary concerned
shall upgrade the first mile of the Murdock Creek Trail in
the Hemingway-Boulders wilderness area designated by section
201 to a primitive, non-paved, and wheelchair accessible
standard.
(f) Treatment of Existing Claims and Private Lands.--
Nothing in this title is intended to affect the rights or
interests in real property, patented mining claims, or valid
claims or prevent reasonable access to private property or
for the development and use of valid mineral rights. The
Secretary concerned may enter into negotiations with the
holder of a patented claim or valid claim located in a
wilderness area designated by section 201 for the voluntary
relinquishment of the claim.
(g) Grazing.--Grazing of livestock in a wilderness area
designated by section 201, where established before the date
of the enactment of this Act, shall be administered in
accordance with the provisions of section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)), section 108 of Public
Law 96-560, and section 101(f) of Public Law 101-628, and in
accordance with the guidelines set forth in Appendix A of
House Report 96-617 of the 96th Congress and House Report
101-405 of the 101st Congress.
(h) Commercial Outfitters and Saddle and Pack Stock.--
Nothing in this title shall preclude horseback riding or the
entry of recreational saddle or pack stock into the
wilderness areas designated by section 201, including when
such entry is made by commercial outfitters.

SEC. 203. ACQUISITION OF MINERAL INTERESTS AND LANDS FROM
WILLING SELLERS.

(a) Acquisition.--Within the boundaries of the wilderness
areas designated by section 201, the Secretary concerned may
acquire, through purchase from willing sellers or donation
from willing owners, all right, title, and interest in all
mineral interests, claims, and parcels of land that have been
patented under the Act of May 10, 1872 (30 U.S.C. 22 et seq.;
commonly known as the Mining Act of 1872).
(b) Consideration.--In exercising the authority provided by
subsection (a) to acquire lands and interests, the Secretary
concerned shall offer the owners of record of each patent,
who voluntarily wish to sell, $20,000 as compensation for the
acquisition of these interests. The Secretary concerned shall
make such offers as soon as practicable after the date of the
enactment of this Act and such offers shall remain open for
acceptance during the five-year period beginning on such
date.
(c) Incorporation in Wilderness Area.--Any land or interest
in land located inside the boundaries of a wilderness area
designated by section 201 that is acquired by the United
States after the date of the enactment of this Act shall be
added to and administered as part of that wilderness area.

SEC. 204. ADJACENT MANAGEMENT.

(a) No Protective Perimeters or Buffer Zones.--Congress
does not intend for the designation of the wilderness areas
by section 201 to lead to the creation of protective
perimeters or buffer zones around any such wilderness area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses outside of a wilderness area designated by
section 201 can be seen or heard from inside of the
wilderness area shall not preclude the conduct of those
activities or uses outside the boundaries of the wilderness
area.

SEC. 205. WILDFIRE MANAGEMENT.

Consistent with section 4 of the Wilderness Act (16 U.S.C.
1133), nothing in this title precludes a Federal, State, or
local agency from

[[Page H5623]]

conducting wildfire management operations, including
operations using aircraft or mechanized equipment, to manage
wildfires in the wilderness areas designated by section 201.

SEC. 206. WATER RIGHTS.

(a) Findings.--Congress finds the following:
(1) The lands designated as wilderness areas by section 201
are located at the headwaters of the streams and rivers on
those lands, with few, if any, actual or proposed water
resource facilities located upstream from such lands and few,
if any, opportunities for diversion, storage, or other uses
of water occurring outside such lands that would adversely
affect the wilderness values of such lands.
(2) The lands designated as wilderness areas by section 201
are not suitable for use for development of new water
resource facilities or for the expansion of existing
facilities.
(3) Therefore, it is possible to provide for proper
management and protection of the wilderness value of the
lands designated as wilderness areas by section 201 in ways
different from the ways utilized in other laws designating
wilderness areas.
(b) Purpose.--The purpose of this section is to protect the
wilderness values of the lands designated as wilderness areas
by section 201 by means other than a federally reserved water
right.
(c) Statutory Construction.--Nothing in this title--
(1) shall constitute, or be construed to constitute, either
an express or implied reservation by the United States of any
water or water rights with respect to the wilderness areas
designated by section 201;
(2) shall affect any water rights in the State of Idaho
existing on the date of the enactment of this Act, including
any water rights held by the United States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(4) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State of Idaho and other States; and
(5) shall be construed as limiting, altering, modifying, or
amending provisions of Public Law 92-400, which established
the Sawtooth National Recreation Area (16 U.S.C. 460aa et
seq.).
(d) Idaho Water Law.--The Secretary concerned shall follow
the procedural and substantive requirements of the law of the
State of Idaho when seeking to establish any water rights,
not in existence on the date of the enactment of this Act,
with respect to the wilderness areas designated by section
201.
(e) 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 201.
(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. 207. WILDLIFE MANAGEMENT.

(a) State Jurisdiction.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
title affects or diminishes the jurisdiction of the State of
Idaho with respect to fish and wildlife management, including
the regulation of hunting, fishing, and trapping, in the
wilderness areas designated by section 201.
(b) Management Activities.--In furtherance of the purposes
and principles of the Wilderness Act, management activities
to maintain or restore fish and wildlife populations and the
habitats to support such populations may be carried out
within wilderness areas designated by section 201 where
consistent with relevant wilderness management plans, in
accordance with appropriate policies such as those set forth
in Appendix B of House Report 101-405 of the 101st Congress,
including the occasional and temporary use of motorized
vehicles, if such use, as determined by the Secretary
concerned would promote healthy, viable, and more naturally
distributed wildlife populations that would enhance
wilderness values and accomplish those purposes using the
minimum tool necessary to reasonably accomplish the task.
(c) Use of Aircraft.--Consistent with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)) and in accordance with
appropriate policies such as those set forth in Appendix B of
House Report 101-405 of the 101st Congress, the State of
Idaho may continue to use aircraft, including helicopters, to
survey, capture, transplant, monitor, and manage elk, deer,
bighorn sheep, mountain goats, wolves, grizzly bears, and
other wildlife and fish.
(d) Hunting, Fishing, and Trapping.--Nothing in this title
shall affect hunting, fishing, and trapping, under applicable
State and Federal laws and regulations, in the wilderness
areas designated by section 201. The Secretary concerned may
designate, by regulation in consultation with the appropriate
State agency (except in emergencies), areas in which, and
establish periods during which, for reasons of public safety,
administration, or compliance with applicable laws, no
hunting, fishing, or trapping will be permitted in the
wilderness areas.

SEC. 208. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

Nothing in this title shall be construed to diminish the
rights of any Indian tribe. Nothing in this title shall be
construed to diminish tribal rights regarding access to
Federal lands for tribal activities, including spiritual,
cultural, and traditional food-gathering activities.

SEC. 209. MILITARY OVERFLIGHTS.

Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft over the
wilderness areas designated by section 201, 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. 210. WILDERNESS REVIEW.

(a) National Forests.--Section 5 of Public Law 92-400 (16
U.S.C. 460aa-4), which required a review of the undeveloped
and unimproved portion or portions of the Sawtooth National
Recreation Area established by that Act as to suitability or
nonsuitability for preservation as part of the National
Wilderness Preservation System, is repealed.
(b) Public Lands.--
(1) Finding.--Congress finds that, for the purpose 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 areas have been
adequately studied for wilderness designation:
(A) The Jerry Peak Wilderness Study Area.
(B) The Jerry Peak West Wilderness Study Area.
(C) The Corral-Horse Basin Wilderness Study Area.
(D) The Boulder Creek Wilderness Study Area.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by this title--
(A) is no longer 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 III--BOULDER-WHITE CLOUDS MANAGEMENT AREA

SEC. 301. ESTABLISHMENT OF MANAGEMENT AREA.

(a) Findings and Purposes.--In the case of those Federal
lands not designated as wilderness in title II, Congress has
examined the management alternatives for such lands and finds
that the designation of such lands as a special management
area will provide outstanding opportunities for many forms of
recreation, including mountain biking, snowmobiling, and the
use of off-road motorized vehicles. The purpose of this title
is to statutorily provide for the continued management of
such lands for motorized and other recreational
opportunities, livestock grazing, and conservation and
resource protection in accordance with the existing
management areas, plans, and applicable authorities of the
Challis National Forest, the Sawtooth National Forest, the
Sawtooth National Recreation Area, and the Challis District
of the Bureau of Land Management. In addition, it is the
purpose of this title to provide that motorized use of such
lands shall be allowed in accordance with the travel map
entitled ``Boulder-White Clouds Management Area Travel Plan''
and dated July 24, 2006.
(b) Establishment.--
(1) Establishment.--Those Federal lands in the Challis
National Forest, the Sawtooth National Forest, the Sawtooth
National Recreation Area, and the Challis District of the
Bureau of Land Management that are not designated as
wilderness in title II, as generally depicted on the map
entitled ``Boulder-White Clouds Management Area'' and dated
July 24, 2006, are hereby designated as the Boulder-White
Clouds Management Area and shall be managed as provided by
this title.
(2) Relation to sawtooth national recreation area.--The
designation of land already in the Sawtooth National
Recreation Area for inclusion in both the management area and
the Sawtooth National Recreation Area is declared to be
supplemental to, not in derogation of, the Sawtooth National
Recreation Area.
(3) Management area defined.--In this title, the term
``management area'' means the Boulder-White Clouds Management
Area designated by this subsection.
(c) Administration.--
(1) Secretary concerned defined.--In this title, the term
``Secretary concerned'' means--
(A) the Secretary of Agriculture, in the case of National
Forest System lands included in the management area; and
(B) the Secretary of the Interior, in the case of public
lands included in the management area.
(2) Administration.--Except as otherwise provided in this
title, the Secretary concerned shall administer the
management area in accordance with this title and the laws
and regulations generally applicable to

[[Page H5624]]

the National Forest System lands and the public lands
included in administrative areas in existence as of the date
of the enactment of this Act and in accordance with the
management plans of the Sawtooth National Recreation Area,
the Challis National Forest, the Sawtooth National Forest,
and the Challis District of the Bureau of Land Management in
existence as of that date.
(3) Relation to sawtooth national recreation area.-- If
lands in the management area are also included in the
Sawtooth National Recreation Area, the Secretary of
Agriculture shall also administer that land in accordance
with Public Law 92-400 (16 U.S.C. 460aa et seq.).
(4) Continued reference to existing administrative units.--
Notwithstanding the establishment of the management area, the
administrative units in effect as of the date of the
enactment of this Act and known as the Sawtooth National
Recreation Area, the Challis National Forest, the Sawtooth
National Forest, and the Challis District of the Bureau of
Land Management, including areas within the administrative
units established as the management area, shall continue to
be known as the Sawtooth National Recreation Area, the
Challis National Forest, the Sawtooth National Forest, and
the Challis District of the Bureau of Land Management,
respectively, and shall be so designated on any signs and
maps prepared by the Secretary concerned.
(d) Development.--No new roads may be constructed within
the management area, except as necessary for access to
campgrounds and other recreation areas as determined by the
Secretary concerned. Roads may be maintained and relocated as
necessary. The Secretary concerned shall permit the mining
and removal of gravel, sand, and rock along existing roads in
the management area as necessary for road maintenance in
accordance with the applicable management plan.
(e) Timber Harvesting.--Timber harvesting may be allowed on
lands in the management area only in accordance with the
management plan applicable to the lands and for necessary
control of fire, insects, and diseases and for public safety.
(f) Trails.--
(1) Construction, maintenance, and improvements.--There is
authorized to be appropriated to the Secretary of Agriculture
and the Secretary of the Interior $650,000 for trail
construction and maintenance and for other improvements
related to outfitting, guiding, hiking, and horseback use
within the management area. Amounts appropriated pursuant to
this authorization of appropriations shall remain available
until expended.
(2) Set-aside for trail construction.--Of the amounts
appropriated pursuant to the authorization of appropriations
in paragraph (1), $150,000 shall be available for the
construction of--
(A) a trail between the Phyllis Lake Road (USFS Road #053)
and Phyllis Lake, which shall be primitive and non-paved, but
wheelchair accessible, and open only to non-motorized travel;
and
(B) the primitive and non-paved, but wheelchair accessible,
trail along Murdock Creek in the Hemingway-Boulders
wilderness area required by section 202(e)(2).

SEC. 302. LAND ACQUISITION AND ACQUISITION OF UNPATENTED
MINING CLAIMS IN MANAGEMENT AREA.

(a) Land Acquisition.--The Secretary concerned may acquire,
by donation or purchase from willing sellers, lands and
interests in lands--
(1) located inside the boundaries of the management area;
or
(2) located adjacent to the management area to provide
easements for additional public access to the management
area.
(b) Acquisition of Unpatented Mining Claims.--
(1) Acceptance of contributions.--The Secretary concerned
shall accept any charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986) of an
interest--
(A) in an unpatented mining claim located inside the
boundaries of the management area; or
(B) in any partnership, association, company, or
corporation substantially all the value of which is
attributable to unpatented mining claims located inside the
boundaries of the management area.
(2) Access for valuation purposes.--The Secretary concerned
shall permit any donor of an interest described in paragraph
(1), or any agent of the donor, to access the unpatented
mining claim and conduct sampling and exploration work
necessary to determine the fair market value of the claim
if--
(A) the donor notifies the local Federal land manager in
writing of the donor's intent to access the unpatented mining
claim for such purposes; and
(B) the Secretary determines that the proposed access,
sampling, and exploration work will not cause substantial
impairment of the surface resources.
(3) Valuation method if access denied.--If the Secretary
concerned determines that a request for access under
paragraph (2) to conduct sampling and exploration work
necessary to determine the fair market value of an unpatented
mining claim will cause substantial impairment of the surface
resources or otherwise fails to permit access within 30 days
after receipt of the written request for access under such
paragraph, the fair market value of the claim for purposes of
determining the amount of the contribution under paragraph
(1) shall be based on an appraisal that relies upon
noninvasive methods to determine the value.
(c) Limitation on Use of Condemnation.--No lands or
interests in lands may be acquired by condemnation for
inclusion in the management area or to provide access to the
management area, except as provided for by Public Law 92-400
(16 U.S.C. 460aa et seq.) and regulations, in effect as of
the date of the enactment of this Act, for the use of private
land in the Sawtooth National Recreation Area (sections 36
292.14-292.16 of title 36, Code of Federal Regulations).
(d) Authorization of Appropriations.--There is authorized
to be appropriated not more than $5,000,000 to carry out this
section. Amounts appropriated pursuant to this authorization
of appropriations shall remain available until expended.

SEC. 303. MOTORIZED AND BICYCLE TRAVEL.

(a) Motorized and Bicycle Travel Authorized.--
(1) BLM land.--In the case of public land included in the
management area, notwithstanding the status of any other road
or trail, motorized and bicycle travel shall continue to be
allowed on the Spar Canyon, Herd Lake, and Road Creek routes.
(2) Forest service land.--In the case of National Forest
System land included in the management area, motorized and
bicycle travel shall continue to be allowed in accordance
with Forest Service travel plans and maps in existence as of
July 24, 2006, which managed recreation use for the specific
areas, roads, and trails on that land, as referenced on the
travel map entitled ``Boulder-White Clouds Management Area
Travel Plan'' and dated July 24, 2006.
(b) Establishment or Use of Other Trails and Routes.--
Notwithstanding subsection (a), other trails and routes may
be used for motorized and bicycle travel whenever the
Secretary concerned considers such use to be necessary for
administrative purposes or to respond to an emergency.
(c) Route and Trail Closures.--The following roads or
trails shall be closed to motorized and mechanized trail use,
except when there is adequate snowcover to permit snowmobile
use:
(1) Forest Service Trail 109 between the Phyllis Lake
turnoff to 4th of July Lake and the south side of Washington
Lake.
(2) Forest Service Trail 671 up Warm Springs Creek from
Trail 104 to the wilderness boundary.
(d) Grounds for Trail Segment Closures.--Resource damage
that can be mitigated and issues of user conflict shall not
be used as grounds for the closure of a trail or route in the
management area, although the Secretary concerned may close
any trail or route, or prohibit the use of trail or route for
motorized and mechanize travel, if the Secretary determines
that such closure or prohibition is the only reasonable means
available for resource protection or public safety.
(e) Mitigation of Trail Closures.--If the Secretary
determines under subsection (d) that closing an available
trail or route in the management area is necessary for
resource protection or public safety, the Secretary shall
take any of the following mitigation actions, intended to
provide commensurate motorized recreation opportunities in
the same general area of the management area:
(1) Repair resource damage and secure conditions so that
closed trails may be reopened to motorized use.
(2) Replace, relocate, or reroute the trail or the trail
segment to provide a similar link between travel points.
(3) A combination of the actions specified in paragraphs
(1) and (2) and other actions to achieve the overall
mitigation objective.
(f) Relation to Other Laws.--In considering mitigation
actions under subsection (e), the Secretary concerned shall
ensure that such action is consistent with the overall
objectives of the management area. If the lands are also
included in the Sawtooth National Recreation Area, the
Secretary concerned shall also administer the action in
accordance with Public Law 92-400 (16 U.S.C. 460aa et seq.),
the map referred to in subsection (a)(2), and executive
orders and other relevant laws and regulations existing on or
before the date of the enactment of this Act.
(g) BLM Travel Plan.--Not later than three years after the
date of the enactment of this Act, the Secretary of the
Interior shall develop and implement a travel plan for public
land included in the management area, but not otherwise
covered by this section. The travel plan shall be developed
in accordance with the laws and regulations generally
applicable to the public land included in the management area
and in accordance with the existing management plan for the
Challis District of the Bureau of Land Management. Motorized
and bicycle travel authorized in the travel plan shall be
managed in accordance with the plan and laws and regulations
generally applicable to the public land, and not as otherwise
provided for in this section. The Secretary of the Interior
shall include a map as part of the travel plan.

SEC. 304. SUPPORT AND USE OF IDAHO OFF ROAD MOTOR VEHICLE
PROGRAM.

(a) Grant to Program.--There is authorized to be
appropriated to the Secretary of Agriculture not more than
$1,000,000, which shall be used by the Secretary to make a
grant to the State of Idaho in the full amount so
appropriated for deposit with the Off Road Motor Vehicle
Program of the

[[Page H5625]]

Idaho Department of State Parks and Recreation, which is used
to support the acquisition, purchase, improvement, repair,
maintenance, furnishing, and equipping of off-road motor
vehicle facilities and sites, to groom snowmobile trails, and
for enforcement activities and the rehabilitation of land
damaged by off-road vehicle users. As a condition of the
grant, the State must maintain the grant funds as a separate
account of the Off Road Motor Vehicle Program and may not use
the funds except as provided by this section.
(b) Use of Grant Funds.--When the Secretary concerned
determines that additional funds are required to carry out
the activities described in subsection (a) in the management
area, the Secretary may apply for funds from the Off Road
Motor Vehicle Program. Funds received under this subsection
shall be used only in the management area or in connection
with the Boise motorized recreation park authorized by
section 107.
(c) Consultation and Recommendations.--Before funds are
provided under subsection (b), the Off Road Motor Vehicle
Program shall consider any recommendations regarding the use
of the funds made by the advisory committee established as
part of the program as well as public comments.
(d) Relation to Other Laws.--Any action undertaken using
funds obtained under subsection (b) shall conform to the
applicable travel plan of the Challis National Forest, the
Sawtooth National Forest, the Sawtooth National Recreation
Area, or the Challis District of the Bureau of Land
Management.

SEC. 305. AIRPORTS AND LANDING STRIPS.

No airstrips exist in the wilderness areas designated by
title II. Nothing in this Act shall be construed to restrict
or preclude the use of public or private airports or landing
strips located within the management area or adjacent to a
wilderness area designated by title II.

SEC. 306. MANAGEMENT OF RAILROAD RIDGE AREA, SAWTOOTH
NATIONAL FOREST.

(a) Findings.--Congress finds the following:
(1) The Railroad Ridge area of the Sawtooth National Forest
is host to several extremely rare and sensitive plant
species.
(2) The area supports some of the most unique and well-
developed alpine plant communities in Idaho, and is more
botanically diverse than most alpine communities in North
America.
(3) The area is currently closed to cross-country motorized
travel
(b) Enhanced Awareness and Conservation.--There is
authorized to be appropriated to the Secretary of Agriculture
$50,000 for the development of educational materials and
signage to raise the awareness of users of the Railroad Ridge
area of the uniqueness of the area and to promote the
conservation of the area.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. Walden) and the gentlewoman from Guam (Ms. Bordallo) each
will control 20 minutes.
The Chair recognizes the gentleman from Oregon.

General Leave

Mr. WALDEN of Oregon. Madam Speaker, I ask unanimous consent that all
Members may have five legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Oregon?
There was no objection.
Mr. WALDEN of Oregon. Madam Speaker, I yield my sufficient such time
as I may consume.
I am really pleased that we are bringing forward Congressman Mike
Simpson's bill, H.R. 3603, the Central Idaho Economic Development and
Recreation Act, otherwise known as CIEDRA. Congressman Simpson should
be commended for the hard work that he has put into developing this
legislation over the last 6 years. He has worked tirelessly to get this
legislation to this position.
This bill is the first comprehensive wilderness bill to come out of
the State of Idaho in more than 25 years, a quarter of a century. It
enjoys broad support from elected officials, as well as the Idaho
conservation community and present and past statewide officials.
H.R. 3603 considers all users in the Boulder-White Clouds. It creates
three new wilderness areas, totaling approximately 312,000 acres. It
authorizes the first-ever wheelchair accessible trails in the
wilderness. It locks in existing motorized use for all terrain vehicles
and snowmobiles, and it also provides much needed economic assistance
to a county that is, get this, over 95 percent Federal land. Ninety-
five percent.
H.R. 3603 is a locally produced compromise that meets the needs of
today's users and secures the future for generations of Idahoans and
Americans who want to continue using and enjoying our beautiful
Boulder-White Clouds area. By passing this bill, we can put to rest
many longstanding conflicts and move forward toward a more secure
future for those who use and enjoy this area.
Once again, Mr. Simpson's efforts at bringing together very diverse
groups should be applauded. I urge passage of this important piece of
compromise legislation.
Madam Speaker, I reserve the balance of my time.
Ms. BORDALLO. Madam Speaker, I yield myself such time as I may
consume.
(Ms. BORDALLO asked and was given permission to revise and extend her
remarks.)
Ms. BORDALLO. Madam Speaker, the majority has already explained the
purpose of H.R. 3603, which was introduced by the gentleman from Idaho,
Representative Mike Simpson.
Contrary to the impression that may have been given, H.R. 3603 is
controversial legislation that is being rushed to the floor today
without even the benefit of a committee report or a Congressional
Budget Office cost estimate. The ranking Democrat on the resources
committee, Representative Nick Rahall, opposes this bill and others
share his concern with the legislation.
Madam Speaker, H.R. 3603 is a controversial and complex measure that
should be carefully considered. And as such, we do not support passage
of H.R. 3603 by the House today.
Madam Speaker, I reserve the balance of my time.
Mr. WALDEN of Oregon. Madam Speaker, I yield such time as he may
consume to the gentleman from Idaho, who has worked so diligently for
so long to build this bill from the ground up, from the State of Idaho
up, my colleague and friend, Mr. Simpson.
Mr. SIMPSON. Madam Speaker, in regard to the opening statement, I
notice that this bill really is not being rushed to the floor. It has
been in development for 6 years. I wouldn't call that rushing anything
to the floor. In fact, it has been in the form of a bill for over 3
years, so people have had a chance to look at it and know what we have
been talking about here.
Idahoans know that the Boulder-White Clouds are some of the most
beautiful mountains in Idaho. They also know they have been the subject
of some of the most contentious wilderness debates in our time.
H.R. 3603, the Central Idaho Economic Development and Recreation Act,
marks a new area in wilderness creation, one in which the needs of the
people who live and recreate in the area are as important as the lines
drawn on a map. The old approach to wilderness of sacrificing the needs
of individuals and specific user groups to the benefit of others will
not work anymore. Those who are affected by wilderness must be a part
of the solution.
During the past 6 years, my staff and I had countless meetings with
the groups and individuals that will be impacted by my proposed
wilderness designation. These meetings included Custer County's
commissioners, elected city officials, ranchers, snowmobilers, off-road
vehicle users, outfitters, conservationists and others, as well as
public meetings in Stanley, Challis, and Ketchum. What I heard made me
believe that we could find a positive outcome in the management of the
Boulder-White Clouds that benefits all users.
H.R. 3603 represents my best effort at crafting a compromise piece of
legislation in a manner where no one is unfairly impacted. We are
providing economic stability for Custer County. We are securing roads
and trails for today's motorized recreation users and future
generations of motorized users. We are working on providing economic
viability to ranching families, and we are creating three substantive
wilderness areas that have an area half the size of the State of Rhode
Island. We are even creating the first handicapped-accessible
wheelchair trail into wilderness.
By passing this bill, we can put to rest many longstanding conflicts
and move ahead to a stronger, more secure economy in the rugged,
beautiful, and productive heart of Idaho. This bill meets the needs of
today's users and secures the future for generations of Idahoans who
want to continue using and enjoying the beautiful Boulder-White Clouds.

[[Page H5626]]

Henry Clay once stated that ``politics is not about ideological
purity or moral self-righteousness. It is about governing, and if a
politician cannot compromise, he cannot govern effectively.''
Today, we have an opportunity to show that we can, in fact, govern
effectively.
I want to thank the following individuals who have helped me over the
last 6 years in creating this bill. First, I want to thank the chairman
of the full committee and Ranking Member Rahall; subcommittee Chairman
Walden and Ranking Member Tom Udall for their work on this. Custer
County Commissioners Wayne Butts, Cliff Hansen and Linn Hintze, Blaine
County Commissioners Sarah Michaels and Tom Bowman, Stanley Mayor
Hannah Stouts, Former Governor Cecil Andrus, Former Senator Jim
McClure, Bob Hayes, Bethine Church and the Sawtooth Society, Rick
Johnson, Linn Kincannon with the Idaho Conservation League, Bart
Koehler, Tim Mahoney, Marcia Argust, Erik Schultze.
And to the staff of the Resources Committee, particularly Erica
Tergeson and Doug Crandall, and to Greg Kostka at the legislative
counsel who drafted countless versions of this legislation.

{time} 1530

And, finally, I want to thank those who put the most work into this,
my staff: Lindsay Slater, my chief of staff; Laurel Hall; Josh Heird;
and Nikki Watts for their incredible efforts on this piece of
legislation.
Ms. BORDALLO. Madam Speaker, I yield 7 minutes to the gentlewoman
from New York, Congresswoman Carolyn Maloney.
Mrs. MALONEY. Madam Speaker, I thank the gentlewoman for yielding and
for her leadership in so many areas.
Madam Speaker, I rise in opposition to this legislation. As a strong
supporter of our Nation's wilderness, I am opposed to it, the Central
Idaho Economic Development and Recreation Act.
I am joined in my opposition by the Sierra Club, and I will place
their statement in the Record. I am also joined in my opposition by 44
different organizations, most of which are located in the great State
of Idaho, and I will place their statements in opposition also in the
Record. I am also joined by Wilderness Watch. They are opposed because
they say that the legislation contains ``wilderness-weakening
provisions.'' And I will place their statement in the Record.

Sierra Club,

July 21, 2006.
Re Please oppose H.R. 3603/CIEDRA.

House of Representatives,
Washington, DC.

Dear Representative: The 750,000 members of the Sierra Club
are citizens from across the country who share a common
interest: protecting and restoring wild and special places.
Sierra Club members believe that good and responsible
stewardship requires that we protect wildlife habitat, halt
the loss of wild lands, and secure our natural heritage for
future generations. As a member of the House of
Representatives, you will make a decision on the Central
Idaho Economic Development and Recreation Act (CIEDRA) (H.R.
3603).
While we acknowledge several changes have been made to the
bill since its original introduction, and we are supportive
of wilderness protection for Idaho, we continue to have very
serious concerns regarding several aspects of the
legislation. Sierra Club, therefore, continues to oppose H.R.
3603 in its current form and asks that you vote NO on this
legislation.

Privatizing Public Lands

The American public has overwhelmingly opposed recent
proposals to privatize public land. CIEDRA will give away
over 5,000 acres of National Forest and BLM-managed lands,
including lands from the congressionally protected Sawtooth
National Recreation Area (Sawtooth NRA). These lands include
elk wintering grounds and salmon waters in the Salmon River
watershed near Stanley, Idaho. If CIEDRA is adopted, these
lands will be open to large-scale home development and
motorized recreational parks. It is wrong to give away public
lands.
Taxpayers have invested nearly $65 million over 30 years to
protect the Sawtooth NRA. CIEDRA would reverse this policy,
even giving away land inside the Sawtooth NRA that was
purchased in 1989 for $341,000 with federal tax dollars in
1989. CIEDRA sets a precedent of dismantling protections on
public lands to benefit a few local interests, despite the
strong opposition of many residents.

Wilderness Lost

The failure to include 130,000 acres of wilderness quality
lands long advocated for protection by the conservation
community for wilderness reduces the habitat and wilderness
values that should be protected.

Waters of the Sawtooth NRA

The streams and rivers of the Sawtooth NRA must be
protected for fish (especially spawning salmon) and wildlife.
Normally, federal lands such as the Sawtooth NRA include
federal protection of instream flows. However, in 2000 the
Idaho Supreme Court stripped the Sawtooth NRA of its
protections for water and the State of Idaho is free to
continue issuing new water rights further degrading instream
flow protections. CIEDRA should reassert flow protections.
Instead, the bill expressly denies a federal water right
under current Idaho law for the Wilderness areas, and is
silent as to the new Boulder White Clouds Management Area.
The Salmon River and its tributaries could be degraded as a
result, further harming salmon recovery.

Off Road Vehicle Use

CIEDRA would give priority use to motorized recreation for
a newly designated 540,000-acre Boulder White Clouds
Management Area, and would in effect subvert the conservation
purposes of the Sawtooth NRA. To encourage off-road motorized
use, what should be a cohesive Wilderness is cleaved into
multiple parts. CIEDRA would codify significant ORV trail
incursions into prime habitat.
In particular is our concern that CIEDRA adopts a ``no net
loss'' requirement that would prevent Sawtooth NRA land
managers from closing motorized trails. No matter how great
the damage or risk to public safety, motorized recreation is
protected by statute.
On October 27, 2005, current and retired land managers from
the U.S. Forest Service and Department of Interior testified
before the House Subcommittee on Forests and Forest Health
opposing provisions and costs of CIEDRA, including the ORV
provisions.
We acknowledge Rep. Simpson's work in moving forward the
discussion of Wilderness in central Idaho. We welcome the
opportunity to work with Rep. Simpson and other Members to
find accommodations in the bill that would address these
issues and help advance and not undo the protections when
Congress established the Sawtooth National Recreation Area.
Thank you for your consideration of Sierra Club's position
and our reasons for opposing H.R. 3603 in its current form.
Respectfully yours,
Carl Pope,
Executive Director.
____

July 2006.
Honorable Members, House Resources Committee, Why You Must
Oppose H.R. 3603 (CIEDRA) Central Idaho Economic Development
and Recreation Act.
(1) Across party lines, the American public recently
expressed a strong and clear will to keep public lands PUBLIC
by rejecting legislation that would have privatized public
land. HR 3603 would thwart the national will by giving away,
for free, roughly 5,100 acres of nationally owned public
land, including acreage in the congressionally-protected
Sawtooth National Recreation Area (Sawtooth NRA), an American
treasure located in Central Idaho. In Title I, CIEDRA
earmarks numerous parcels of nationally owned public land to
be given away. These include elk wintering grounds and salmon
waters near Stanley, Idaho as well as land outside the
Sawtooth NRA. The exact acreage is still unknown, as it is
yet to be included in the bill language or documented in one
place.
(2) CIEDRA would mandate motorized use and erode existing
protections in the Sawtooth NRA. The eastern half of the
Sawtooth NRA would be overlain with a new Boulder White
Clouds Management Area, designating permanent off-road
vehicle (ORV) corridors through critical wildlife habitat and
establishing motorized recreation as the priority use for
approximately 550,000 acres--almost twice the acreage the
bill would designate as Wilderness. Title III would restrict
Sawtooth NRA managers' ability to protect this new Management
Area from ORV damage and lock in the status quo of damaging
ORV use. CIEDRA would eliminate environmental protections,
requiring no net loss in motorized routes despite resource
damage and public safety concerns. Over 200,000 acres of the
Sawtooth NRA, 70,000 acres of additional National Forest
lands, and 230,000 acres of BLM-managed land adjacent to the
Sawtooth NRA would be dedicated to dirt bikes and
snowmobiles.
(3) CIEDRA would undo the protections afforded in PL 92-
400, passed in 1972 to protect the natural, rural, and scenic
values of the Sawtooth NRA. Taxpayers have already spent $65
million to create and protect the Sawtooth NRA, an icon among
America's western landscapes. Despite the strong opposition
of many area residents--CIEDRA would set a precedent of
dismantling protections on public land to benefit a few
interests.
(4) CIEDRA fails to provide a water right needed by
wildlife and fish, especially endangered salmon. In 2000 the
Idaho Supreme Court stripped the Sawtooth NRA of its
protections for water. CIEDRA should reassert instream flow
protections. Instead, the bill expressly denies a federal
water right for wilderness areas and is silent as to the new
Boulder White Clouds Management Area. Hunters and fishermen
are among those opposing CIEDRA because they know that

[[Page H5627]]

without water, wilderness cannot support wildlife, and
streams cannot support fish.
(5) CIEDRA would weaken the Wilderness Act, bestowing the
name ``Wilderness'' while undermining traditional wilderness
protections. Title II would ``release'' more than 130,000
acres of Wilderness Study Areas and recommended Wilderness,
suspending protection and opening these lands to damaging
uses. The Wilderness proposed by CIEDRA is so weak and
inconsistent with the Wilderness Act that the Forest Service
expressed strong reservations about this title in its October
27, 2005 testimony regarding H.R. 3603.
For these and other reasons, the interests of your
constituents are not well served by H.R. 3603.
We, the undersigned, urge you not to support CIEDRA.

COMMITTEE TO SAVE THE SNRA

Sierra Club, N. Rockies Chapter, Boise, ID, Kathy Richmond.
Idaho Wildlife Federation, Boise, ID, Cherie Barton.
Idaho Birdhunters, Boise, ID, Russell Heughins.
Idaho Environmental Council, Idaho Falls, ID, Jerry Jayne.
Ada County Fish & Game League, Boise, ID, Bob Minter.
Idaho Sporting Congress, Boise, ID, Ron Mitchell.
Coalition of Retired Forest Service Managers, Hailey, ID,
Scott Phillips.
Golden Eagle Audubon, Boise, ID.
Payette Forest Watch, Moscow, ID, Erik Ryberg.
Friends of the West, Clayton, ID, Dave Richmond.
Friends of the Clearwater, Moscow, ID, Gary Macfarlane.
Kootenai Environmental Alliance, Coeur d'Alene, ID, Barry
Rosenberg.
Idaho Green Party, Boise, ID, Gwen Sanchirico.
NREPA Network, Hailey, ID, Kaz Thea.
Selkirk Conservation Alliance, Priest River, ID, Mark
Sprengel.
Western Lands Project, Seattle, WA, Janine Blaeloch.
Alliance for the Wild Rockies, Missoula, MT, Michael
Garrity.
Wilderness Watch, Missoula, MT, George Nickas.
Friends of the Bitterroot, Hamilton, MT, Larry Campbell.
Big Wild Advocates, Emigrant, MT, Howie Wolke.
Wildlands CPR, Missoula, MT, Bethanie Walder.
National Forest Protection Alliance, Missoula, MT, Susan
Curry.
The Ecology Center, Missoula, MT, Jeff Juel.
Save America's Forests, Washington, D.C., Carl Ross.
Bluewater Network, A Division of Friends of the Earth, San
Francisco, CA, Carl Schneebeck.
Public Lands Foundation, Arlington, VA, George Lea.
Wild Wilderness, Bend, OR, Scott Silver.
Californians for Western Wilderness, San Francisco, CA,
Michael J. Painter.
North Cascades Conservation Council, Seattle, WA, Marc
Bardsley.
Utah Environmental Congress, Salt Lake City, UT, Kevin
Mueller.
Olympic Forest Coalition, Olympia, WA, Bonnie Phillips.
Cold Mountain, Cold Rivers, Missoula, MT, Lance Olsen.
Conservation Congress, Lewistown, MT, Denise Boggs.
Native Forest Council, Eugene, OR, Tim Hermach.
Citizens to Save Our Canyons, Salt Lake City, UT, Gale
Dick.
River Runners for Wilderness, Moab, UT, Tom Martin.
Wild Law, Montgomery, AL, Ray Vaughan.
Citizens for the Chuckwalla Valley, Desert Center, CA,
Donna Charpied.
Heartwood, Brookport, IL, Mark Donhan.
Citizens Against Recreation Privatization, Southlake, TX,
Greg Billingsley.
Friends of the Wild Swan, Swan Lake, MT, Arlene Montgomery.
Great Old Broads for Wilderness, Durango, CO, Ronni Egan.
Swan View Coalition, Kallispell, MT, Keith Hammer.
Friends of Bell Smith Springs, Stonefort, Illinois, Sam
Stearns.
Umpqua Watersheds, Roseburg, OR, Penny Lind.
____

Memo Regarding the Wilderness Provisions in H.R. 3603

Central Idaho Economic Development and Recreation Act (CIEDRA), July
21, 2001

Rep. Mike Simpson's (R-ID) Central Idaho Economic
Development and Recreation Act (CIEDRA) contains a number of
wilderness-weakening provisions that are contrary to the
intent and provisions in the Wilderness Act. Some of these
have been included in one or more other wilderness bills but
that does not make them any less harmful for wilderness.
Exceptions contrary to the Wilderness Act water down the
meaning and authenticity of wilderness. The new trend these
last several years of designating wilderness as part of
complex omnibus public lands bills has become increasingly
controversial. The Lincoln County bill in Nevada is one
recent example that bitterly divided the conservation
community and undermined the language and intent of the
Wilderness Act.
Below are citations in CIEDRA that are wilderness-weakening
provisions.

Provision

CIEDRA elevates the interests of certain user groups into
statutory rights.
CIEDRA 202(h): Commercial Outfitters and Saddle and Pack
Stock.--Nothing in this title shall preclude horseback riding
or the entry of recreational saddle or pack stock into the
wilderness areas designated by section 201, including when
such entry is made by commercial outfitters.
Discussion: Howard Zahniser, author of the Wilderness Act,
said the following in testimony before the House: ``The
purpose of the Wilderness Act is to preserve the wilderness
character of the areas to be included in the wilderness
system, not to establish any particular use.''--May 7th,
1962, 87th Congress
Commercial outfitters in the Sierra have been trying for
several years to pass a national Right to Ride bill. They've
included recreational equestrians in their legislative
attempts to get their support for the bill. That bill has not
passed, but Right to Ride language has been inserted into a
few wilderness bills, including CIEDRA and the California
Wild Heritage Act, but such language has never passed yet.
CIEDRA would be the first to enshrine such language into law.
The overarching statutory mandate of the Wilderness Act is
to preserve the wilderness character of an area, and allow
nothing to diminish its wilderness character over time. By
law, preserving wilderness character has priority over any
particular use of an area. For that reason any allowable
public use such as hiking or horse use can be limited or
prohibited in wilderness if the use is harming some aspect of
an area's wilderness character. There are a number of
wildernesses around the country that are completely closed to
public use for all or part of each year for that very reason.
CIEDRA does the opposite--it says that even though the area
has become wilderness, protection of its wilderness character
cannot be used as the premise for limiting horse use. It
essentially grants greater statutory privilege to horse use
than to preservation of wilderness character, which is
completely contrary to the intent of the Wilderness Act.

Provision

CIEDRA weakens Wilderness Act restrictions on access to
mining claims.
CIEDRA Sec. 202(f): Treatment of Existing Claims and
Private Lands.--Nothing in this title is intended to affect
the rights or interests in real property, patented mining
claims, or valid claims or prevent reasonable access to
private property or for the development and use of valid
mineral rights.
Wilderness Act Sec. 5(b): In any case where valid mining
claims or other valid occupancies are wholly within a
designated national forest wilderness area, the Secretary of
Agriculture shall, by reasonable regulations consistent with
the preservation of the area as wilderness, permit ingress
and egress to such surrounded areas by means which have been
or are being customarily enjoyed with respect to other such
areas similarly situated.
Discussion: Instead of simply referencing the Wilderness
Act, CIEDRA drops the ``reasonable regulations'' clause, the
``consistent with preservation of the area as wilderness''
requirement, and the very important ``customarily enjoyed in
areas similarly situated'' requirement. The latter
requirement is highly significant because courts have relied
on it in denying road-building and motorized access to
private property or valid occupancies within designated
wilderness (Absaroka-Beartooth Wilderness is one example).
Comparing to other areas similarly situated requires
comparing to modes of access that are allowed to other
properties that are surrounded by designated wilderness.
CIEDRA abandons these provisos of the Wilderness Act,
leaving the door wide open to any kind of access the agency
can be convinced to approve.

Provision

CIEDRA grants fire management authority to State and local
entities, including use of motor vehicles, bulldozers, and
chainsaws in Wilderness.
CIEDRA Sec. 205: Wildfire Management.--Consistent with
section 4 of the Wilderness Act nothing in this title
precludes a Federal, State, or local agency from conducting
wildfire management operations, including operations using
aircraft or mechanized equipment, to manage wildfires in the
wilderness areas designated by section 201.
Wilderness Act Sec. 4(d)(1): Within wilderness areas . . .
such measure may be taken as may be necessary in the control
of fire, insects, and diseases, subject to such conditions as
the Secretary deems desirable.
Discussion: Under the Wilderness Act the Secretary clearly
retains sole responsibility for fire management decisions in
wilderness, including decisions regarding motorized uses for
fire control. Under CIEDRA, State and local agencies are
placed on an equal footing with the Forest Service for making
fire management decisions. This devolution of fire management
authority first appeared in the Clark County, Nevada bill in
2002 and was repeated in the Lincoln County, Nevada bill in
2004.

Provision

CIEDRA fragments the largest remaining contiguous roadless
area in the continental U.S. into four parcels separated by
ATV and motorcycle trails.
CIEDRA Sec. 201(1, 2, 3) and Sec. 301(a): CIEDRA designates
three separate wildernesses: Hemingway-Boulders Wilderness,
White Clouds Wilderness, and Jerry Peak Wilderness. The
Hemingway-Boulders and White Clouds Wildernesses are
separated by a motorcycle

[[Page H5628]]

trail, the Germania Trail. The Hemingway-Boulders Wilderness
is further carved into two parcels separated by another
motorcycle trail that branches off the Germania Trail and
leads to the road to the Bowery Guard Station. The White
Clouds Wilderness is similarly carved into two separate
pieces separated by a loop trail used by motorcycles and
ATV's, the Frog Lake Trail. These motorized routes are shown
on maps on Simpson's web page and will be on the Travel Map
referenced in Sec. 301(a).
Discussion: These trails were originally constructed for
packstock but began receiving some motorcycle use over the
years. The Forest Service did not prohibit the motorized use
but currently has the authority to close these trails to
motorized use at any time. Congress could also choose to
close these motorized trails and designate one larger and
completely contiguous wilderness for the Boulder-White Cloud
Mountains, instead of the fragmented version that CIEDRA
presents.

Provision

CIEDRA permits stream poisoning, predator control, and
stocking with non-native species in wilderness.
CIEDRA Sec. 207(b): Management Activities.--In furtherance
of the purposes and principles of the Wilderness Act,
management activities to maintain or restore fish and
wildlife populations and the habitats to support such
populations may be carried out within wilderness areas
designated by section 201 where consistent with relevant
wilderness management plans, in accordance with appropriate
policies such as those set forth in Appendix B of House
Report 101-405 of the 101st Congress, including the
occasional and temporary use of motorized vehicles, if such
use, as determined by the Secretary concerned would promote
healthy, viable, and more naturally distributed wildlife
populations that would enhance wilderness values and
accomplish those purposes using the minimum tool necessary to
reasonably accomplish the task.
Wilderness Act Sec. 2(c): Definition of Wilderness.--A
wilderness, in contrast with those areas where man and his
own works dominate the landscape, is hereby recognized as an
area where the earth and its community of life are
untrammeled by man. . . .
Discussion: By statutory definition, wilderness is to
remain a place set apart where its natural processes
including wildlife populations remain untrammeled by
intentional human manipulations and interference. While the
State retains its role in regulating hunting and fishing in
wilderness, the clear intent of the Wilderness Act is not to
allow the heavy-handed game management activities that State
Fish & Game managers often employ on non-wilderness lands.
The House Report incorporated by CIEDRA contains what are
known as the ``wildlife guidelines.'' Those guidelines were
not written by wilderness managers, they were drafted by
state wildlife managers and were first incorporated into
statute in the Arizona Desert Wilderness Act of 1990. Those
guidelines contain the following:
Stream Poisoning: Chemical treatment may be necessary to
prepare waters for the reestablishment of indigenous species,
to protect or recover Federally listed threatened or
endangered species, or to correct undesirable conditions
resulting from the influence of man. . . Use only registered
pesticide . . . Schedule chemical treatments during periods
of low human use, insofar as possible. . .
Predator Control: Wildlife damage control in wilderness may
be necessary to . . . prevent serious losses of domestic
livestock . . . Acceptable control measures include lethal
and nonlethal methods. . . Use pesticides only where other
measures are impractical . . . Place warning signs at the
entrance to the area where pesticides are being used to warn
the public of any dangers to themselves or their pets.
Stocking with non-native species: The order of preference
for stocking fish species is (a) Federally listed threatened
or endangered indigenous species, (b) indigenous species.
Species of fish traditionally stocked before wilderness
designation may be considered indigenous if the species is
likely to survive. Barren lakes and streams may be considered
for stocking . . .

Provision

CIEDRA would allow motor vehicles and aircraft in
wilderness for routine game management.
CIEDRA Sec. 207(c): Use of Aircraft.--Consistent with
section 4(d)(1) of the Wilderness Act and in accordance with
appropriate policies such as those set forth in Appendix B of
House Report 101-405 of the 101st Congress, the State of
Idaho may continue to use aircraft, including helicopters, to
survey, capture, transplant, monitor, and manage elk, deer,
bighorn sheep, mountain goats, wolves, grizzly bears, and
other wildlife and fish.
Appendix B Wildlife Guidelines: Aerial stocking of fish
shall be permitted for those waters in wilderness where this
was an established practice before wilderness designation . .
. motorized methods and temporary holding and handling
facilities may be permitted if they are the minimum necessary
. . . Chemical poisoning of lakes is done with motorboats . .
.

Provision

CIEDRA releases 130,000 acres of Wilderness Study Areas and
Forest Service recommended wilderness, suspending current
protections and opening these lands to potentially damaging
multiple-use.
CIEDRA Sec. 210(b)(1): Releases the Jerry Peak Wilderness
Study Area, the Jerry Peak West Wilderness Study Area, the
Corral-Horse Basin Wilderness Study Area, and the Boulder
Creek Wilderness Study Area. Any public land described in
paragraph (1) that is not designated as wilderness by this
title is no longer subject to section 603( c) of the Federal
Land Policy and Management Act (FLPMA) of 1976. These WSA's
total 80,000 acres.
FLPMA requires that WSA's be managed in a manner that does
not impair their suitability for designation as wilderness,
and directs the Secretary to take action to prevent
unnecessary or undue degradation of those lands.
A PowerPoint presentation on Simpson's website indicates
that CIEDRA does not designate 50,000 acres that have been
recommended by the Forest Service for wilderness designation.

Mrs. MALONEY. Madam Speaker, among other harmful provisions, the
underlying bill, H.R. 3603, will give away many public lands for
private development to local governments completely for free. A bill
this controversial should not be considered under suspension of the
rules.
The bill, H.R. 3603, includes unusual language that allows the giving
away of publicly owned land, owned by the taxpayers, to localities, to
counties, and local governments for them then to possibly develop it
for private development.
It will also give away, I am told, by the Sierra Club, 5,000 acres.
My good friend on the other side of the aisle, Mike Simpson, said that
it is only 3,600 acres. I asked the Democratic staff what is the
correct number? They say they do not know because they just got the
maps of this controversial bill today at 12:30. And I think that
illustrates, if we do not even know how many acres of publicly owned
land we are giving away, this needs a further investigation.
In any event, it will give away thousands of acres of national forest
and Bureau of Land Management managed lands, including lands within the
congressionally protected Sawtooth National Recreation Area, to be
opened to large-scale home development and motorized recreational
parks. American taxpayers have invested nearly $65 million over 30
years to protect the Sawtooth National Recreational Area, and it is
among the most beautiful sites truly in our country. And now this bill
will be giving away roughly 3,600 or 5,000 acres. We are not clear how
many.
Make no mistake. We are setting a dangerous precedent by turning over
land that is truly owned by this country by all Americans for private
development, most of it completely for free.
Some are willing to accept this dangerous precedent and other
comprises harmful to the land and wildlife because this bill designates
some wilderness. However, Madam Speaker, the esteemed ranking member,
Nick Rahall, of the Resources Committee, and I quote his statement in
the committee, ``I believe that wilderness designations should not be
the result of a quid pro quo,'' this is from Nick Rahall, who is
opposing this bill.
Mike Thompson has a bill before us today that would designate 275,000
acres of wilderness, and I am totally supportive. But apparently, these
two bills have been tied together in an unprecedented way. But even if
you believe they should both move forward, let us look at what getting
in return for our public lands.
We are getting a number, according to the Wilderness Watch and the
Sierra Club, of wilderness-weakening provisions that are contrary and,
indeed, undermine the intent and provisions of the Wilderness Act that
has been the gold standard for wilderness protection in America for
over 40 years.
For example, H.R. 3603 fragments the largest remaining contiguous,
roadless area in the continental U.S. into four parcels separated and
surrounded by all-terrain vehicles and motorcycle trails.
Secondly, according to Sierra Club and Wilderness Watch, it weakens
stream protection by saying that the Forest Service, in order to get
water rights, they must get these rights from the State. But the State
does not provide wilderness water rights. Therefore, the Democratic
staff says that this is a complete and total charade.
Also, it weakens restrictions on access to mining claims and releases
more than 130,000 acres of Wilderness

[[Page H5629]]

Study Areas and recommended Wilderness, suspending protection and
opening these lands to damaging uses.
We must not set a precedent of giving away lands for private
development, and we must not get in place of it watered-down,
substandard ``wilderness.'' It is simply not worth the cost.
A bill this controversial simply should not be considered under
suspension, and I urge, along with the Sierra Club, 44 organizations,
Wilderness Watch, a ``no'' vote on H.R. 3603. And I feel it should not
be tied in any way to Mr. Thompson's very fine bill that provides for
wilderness protection.
Ms. BORDALLO. Madam Speaker, I have no further requests for time, and
I yield back the balance of my time.
Mr. WALDEN of Oregon. Madam Speaker, I yield such time as he may
consume to the author of the bill for a concluding statement and any
comments he may have.
Mr. SIMPSON. Madam Speaker, I have to respond to a couple of the
statements that were been made because I know that they have been made
over the past by the Sierra Club and others.
First of all, the Wilderness Society and the Campaign for American
Wilderness would not be supporting this bill if we actually had
wilderness-weakening provisions in this. And while there are
compromises in that, and the comment of the ranking member, Mr. Rahall,
that we should not have a quid pro quo, that is kind of the nature of a
compromise, that there are some things in it that you like and some
things that you do not like. There are provisions of this bill which I
personally am not in favor of, but they were necessary in order to get
the compromise that is necessary in order to pass this legislation and
protect these lands.
First of all, the land transfers that are being talked about, they
total about 3,600 acres. This is in a county that is 95 public land,
over 95 percent. Out of a total of 3.2 million acres in this county, we
are talking about transferring about 3,600 acres. These are not the
beautiful mountains that you see in the pictures. These are mostly
desert lands, sagebrush lands. They will help the county do things like
find room for their landfill, other things like that which will help in
the economic development of this county.
Most people that have looked at the actual lands that are being
transferred are not opposed to them except for a small portion of them
that are actually in Stanley, and in Stanley the city of Stanley has to
repay the Federal Government for these lands that were actually
purchased by the Federal Government.
I would also say that if there was a great deal of concern about
these land transfers and what it is going to do to the Sawtooth
National Recreation Area, the Sawtooth Society would not be supporting
this. Frank Church's wife, Bethine Church, would not be supporting
this, as well as the other members of the Sawtooth Society. Neither
would the Boulder-White Clouds Council be supporting in this. So it is
a compromise. There are provisions in it that you can find that you do
not like.
One of the interesting things is that the Sierra Club says there is
no Federal reserved water rights on this

Moment of Silence in Memory of Officer Jacob J. Chestnut and Detective
John M. Gibson

The SPEAKER pro tempore. Will the gentleman suspend.
Pursuant to the Chair's announcement of earlier today, the House will
now observe a moment of silence in memory of Officer Jacob J. Chestnut
and Detective John M. Gibson.
Please rise for a moment of silence.
The gentleman from Idaho is recognized.
Mr. SIMPSON. One last comment, Madam Speaker. The argument I found so
strange by the Sierra Club is that they say that this does not have
Federal water right protection in it. And you are right. It does not
have Federal water right protection in it. It does not need Federal
water right protection in it because the wilderness area is all
headwaters. Whatever falls on the ground from the sky, whatever comes
out of the springs there, are protected by the wilderness designation.
It does not need Federal water right designation because there is no
water right to protect. So I have never understood their argument.
But the reality is that we protect water in this bill better than any
wilderness bill that has ever passed because the Wilderness Act itself
allows for the President on his declaration to go into a wilderness
area and build a dam or other things for irrigation purposes if he
declares that that is necessary. That is one of the actual compromises
that were made when the Wilderness Act was enacted. We take away the
President's right to do that. He could not go in and designate certain
areas to be used for irrigation and build dams and take water or
anything else. The water that falls on the land will be preserved for
the Boulder-White Clouds Wilderness.
Madam Speaker, I appreciate the gentlewoman's concern, and I
appreciate the fact that this is a compromise and that there are people
on both sides of this issue, in fact, on all sides, there are multiple
sides, who do not like this, who do not think it goes far enough in
their direction. But the nature of a compromise is that you try to
bring people toward the middle. You try to bring people toward a center
that they can say we get more out of this bill than we lose.
If we were to draft the perfect bill that you liked, that the Sierra
Club liked, we could never get it passed because the people on the
other side would then be violently opposed to it. So what we are trying
to do is reach that balance where we can actually protect the Boulder-
White Clouds, and if you have ever been there, it is something that
deserves protecting.
Mr. WALDEN of Oregon. Madam Speaker, I yield myself the balance of my
time.
Again, I want to commend the hard work and diligent effort of our
colleague Mike Simpson from Idaho and his staff and the people he has
worked with for a long time to bring this bill to this point and for
our consideration. And I would heartily urge our Members to support it
and remind them that it came out of the Resources Committee on a
unanimous vote.
Mr. RAHALL. Madam Speaker, I have spent more than half my life as a
member of the Resources Committee. In that time I have supported
numerous wilderness designations. In fact, I cannot recall ever
opposing a wilderness bill. Yet, today, I find myself in a different
situation. While I am normally excited, in fact, enthused, whenever a
Republican introduces a wilderness bill, H.R. 3603 falls far short of
what I see as an acceptable standard for such an exceptional area.
Wilderness designations should not be the result of a quid pro quo.
They should rise or fall on their own merits. We all understand that
compromise is part of the legislative process, yet at the same time, I
would submit that wilderness is not for sale. Simply put, I believe we
should not seek the lowest common denominator when it comes to
wilderness and saddle a wilderness designation with exceptions,
exclusions, and exemptions. Wilderness is an endangered species. But
instead of treating it as such, H.R. 3603 declares open season on it.
With all due respect to the author of this legislation, and its
supporters, in my view the focus of this bill is placed on development,
with public land giveaways, monetary favors and special legislative
provisions for a select few.
There is nothing to be ashamed about with wilderness. Wilderness is
not defined by the absence of certain activities, but rather by the
presence of certain unique and invaluable characteristics. The answer
to the oft-asked question, ``why do you want this area to be
wilderness'' is that these areas are already wilderness. Congress
cannot ``create'' wilderness. That is done by the hand of God. But what
we can do is look beyond the fleeting uses these wild lands could be
put to and preserve them as they are and as they have been for
generations.
President Lyndon Johnson, at the signing of the Wilderness Act in
1964 perhaps summed it up best when he said: ``If future generations
are to remember us with gratitude rather than contempt, we must leave
them something more than the miracles of technology. We must leave them
a glimpse of the world as it was in the beginning, not just after we
got through with it.''
H.R. 3603 falls far short of the standard that has been set for
wilderness designation over the past forty years. It treats wilderness
as a bargaining chip, something to be used to gain other ends. I simply
cannot support eroding protections in the Sawtooth National Recreation
Area, the transfer of public lands to developers, or the payoffs to
mining speculators to name but a few issues.
H.R. 3603 does not enhance the cause of wilderness, it cheapens it.
The rush to bring

[[Page H5630]]

this bill to the floor, without even a Committee Report, only shows
that proponents fear a little sunshine on this legislation. They don't
want you to look too closely at the backroom deals that were made, the
favors that were granted, or the real resource protection for these
public resources that is being forgone.
Madam Speaker, H.R. 3603, is bad wilderness policy, it's bad resource
management policy and it is bad fiscal policy. I urge defeat of the
legislation.
Mr. WALDEN of Oregon. 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 Oregon (Mr. Walden) that the House suspend the rules and
pass the bill, H.R. 3603, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

____________________