[Congressional Record Volume 152, Number 127 (Monday, November 13, 2006)]
[House]
[Pages H8583-H8586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IDAHO LAND ENHANCEMENT ACT
Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1131) to authorize the exchange of certain Federal land
within the State of Idaho, and for other purposes.
The Clerk read as follows
S. 1131
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Land Enhancement
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
executed in April 2005 entitled ``Agreement to Initiate,
Boise Foothills--Northern Idaho Land Exchange'', as modified
by the agreement executed in March 2006 entitled ``Amendment
No. 1'', and entered into by--
(A) the Bureau of Land Management;
(B) the Forest Service;
(C) the State; and
(D) the City.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 605 acres of
land administered by the Bureau of Land Management (including
all appurtenances to the land) that is proposed to be
acquired by the State, as identified in exhibit A2 of the
Agreement and as generally depicted on the maps.
(3) Board.--The term ``Board'' means the Idaho State Board
of Land Commissioners.
(4) City.--The term ``City'' means the city of Boise,
Idaho.
(5) Federal land.--The term ``Federal land'' means the
Bureau of Land Management land and the National Forest System
land.
(6) Maps.--The term ``maps'' means maps 1 through 7
entitled ``Parcel Identification Map: Idaho Lands Enhancement
Act Land Exchange'' and dated February 28, 2006.
(7) National forest system land.--The term ``National
Forest System land'' means the approximately 7,220 acres of
land (including all appurtenances to the land) that is--
(A) administered by the Secretary of Agriculture in the
Idaho Panhandle National Forests and the Clearwater National
Forest;
(B) proposed to be acquired by the State;
(C) identified in exhibit A2 of the Agreement; and
(D) generally depicted on the maps.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Idaho,
Department of Lands.
(10) State land.--The term ``State land'' means the
approximately 11,815 acres of land (including all
appurtenances to the land) administered by the State that is
proposed to be acquired by the United States, as identified
in exhibit A1 of the Agreement and as generally depicted on
the maps.
SEC. 3. LAND EXCHANGE.
(a) In General.--In accordance with the Agreement and this
Act, if the State offers to convey the State land to the
United States, the Secretary and the Secretary of Agriculture
shall--
(1) accept the offer; and
(2) on receipt of title to the State land, simultaneously
convey to the State the Federal land.
(b) Valid Existing Rights.--The conveyance of the Federal
land and State land shall be subject to all valid existing
rights.
(c) Equal Value Exchange.--
(1) In general.--The value of the Federal land and State
land to be exchanged under this Act--
(A) shall be equal; or
(B) shall be made equal in accordance with subsection (d).
(2) Appraisals.--The value of the Federal land and State
land shall be determined in accordance with appraisals--
(A) conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice;
(B) reviewed by an interdepartmental review team comprised
of representatives of Federal and State agencies; and
(C) approved by the Secretary or the Secretary of
Agriculture, as appropriate.
(3) Term of approval.--The term of approval of the
appraisals by the interdepartmental review team is extended
to September 13, 2008.
(d) Cash Equalization.--
(1) In general.--If the value of the Federal land and State
land is not equal, the value may be equalized by the payment
of cash to
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the United States or to the State, as appropriate, in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)).
(2) Disposition and use of proceeds.--
(A) Disposition of proceeds.--Any cash equalization
payments received by the United States under paragraph (1)
shall be deposited in the fund established under Public Law
90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under subparagraph
(A) shall be available to the Secretary of Agriculture,
without further appropriation and until expended, for the
acquisition of land and interests in land for addition to the
National Forest System in the State.
(e) Timing.--It is the intent of Congress that the land
exchange authorized and directed by this Act shall be
completed not later than 180 days after the date of enactment
of this Act.
(f) Rights-of-Way.--
(1) Rights-of-way to national forest system land.--The
Secretary of Agriculture, under the authority of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), shall convey to the State any easements or other
rights-of-way to National Forest System land that are--
(A) appropriate to provide access to the National Forest
System land acquired by the State; and
(B) agreed to by the Secretary of Agriculture and the
State.
(2) Rights-of-way to state land.--The State shall convey to
the United States any easements or other rights-of-way to
land owned by the State that are--
(A) appropriate to provide access to the State land
acquired by the United States; and
(B) agreed to by--
(i) the Secretary or the Secretary of Agriculture; and
(ii) the State.
(g) Costs.--The City, either directly or through a
collection agreement with the Secretary and the Secretary of
Agriculture, shall pay the administrative costs associated
with the conveyance of the Federal land and State land,
including the costs of any field inspections, environmental
analyses, appraisals, title examinations, and deed and patent
preparations.
SEC. 4. MANAGEMENT OF FEDERAL LAND.
(a) Transfer of Administrative Jurisdiction.--
(1) In general.--There is transferred from the Secretary to
the Secretary of Agriculture administrative jurisdiction over
the land described in paragraph (2).
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 2,110 acres of land that is
administered by the Bureau of Land Management and located in
Shoshone County, Idaho, as generally identified in exhibit A3
of the Agreement.
(3) Wilderness study areas.--Any land designated as a
Wilderness Study Area that is transferred to the Secretary of
Agriculture under paragraph (1) shall be managed in a manner
that preserves the suitability of land for designation as
wilderness until Congress determines otherwise.
(b) Additions to the National Forest System.--The Secretary
of Agriculture shall administer any land transferred to, or
conveyed to the United States for administration by, the
Secretary of Agriculture in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) the laws (including regulations) applicable to the
National Forest System.
(c) Land To Be Managed by the Secretary.--The Secretary
shall administer any State land conveyed to the United States
under this Act for administration by the Secretary in
accordance with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) other applicable laws.
(d) Land and Water Conservation Fund.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Idaho Panhandle
National Forests and the Clearwater National Forest shall be
considered to be the boundaries of the Idaho Panhandle
National Forests and the Clearwater National Forest,
respectively, as of January 1, 1965.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Legal Descriptions.--The Secretary, the Secretary of
Agriculture, and the Board may modify the descriptions of
land specified in the Agreement to--
(1) correct errors; or
(2) make minor adjustments to the parcels based on a survey
or other means.
(b) Revocation of Orders.--Subject to valid existing
rights, any public land orders withdrawing any of the Federal
land from appropriation or disposal under the public land
laws are revoked to the extent necessary to permit disposal
of the Federal land.
(c) Withdrawals.--
(1) Federal land.--Subject to valid existing rights,
pending completion of the land exchange, the Federal land is
withdrawn from--
(A) all forms of location, entry, and patent under the
mining and public land laws; and
(B) disposition under the mineral leasing laws and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(2) State land.--Subject to valid existing rights, the land
transferred to the United States under this Act is withdrawn
from--
(A) all forms of location, entry, and patent under the
mining and public land laws; and
(B) disposition under the mineral leasing laws and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(3) Effect.--Nothing in this section precludes the
Secretary or the Secretary of Agriculture from using common
varieties of mineral materials for construction and
maintenance of Federal roads and facilities on the State land
acquired under this Act. Passed the Senate September 29,
2006.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentlewoman from South Dakota (Ms.
Herseth) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may be given 5 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
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may
consume.
The Boise foothills provide a beautiful, open-space backdrop for the
city of Boise. For decades, community members have sought a way to
protect open space, and in May 2001, the citizens of Boise approved a
tax to secure open space in the foothills.
Roughly 7,700 acres of land in the Boise foothills is owned by the
State of Idaho. The State is required to manage these lands to maximize
revenue, which would likely lead to development. S. 1131, introduced by
Senator Larry Craig in the Senate and Congressman Butch Otter in the
House, would remedy this problem by codifying an agreement produced
collaboratively by the city of Boise and the State of Idaho and the
Forest Service and the Bureau of Land Management. The agreement would
exchange Idaho State endowment lands on an equal-value basis with other
Federal and State lands across a broad area in the State.
I urge support of this important measure.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
(Ms. HERSETH asked and was given permission to revise and extend her
remarks.)
Ms. HERSETH. Mr. Speaker, this land exchange reflects an agreement
reached between the Forest Service, Bureau of Land Management, Idaho
Department of Lands, and the city of Boise.
The city of Boise has significant interest in preserving the Boise
foothills for open space. However, the State of Idaho has a
constitutional mandate to maximize revenue on their State lands and
cannot manage State lands in the Boise foothills for open space.
Therefore, S. 1131 transfers 11,815 acres of lands from the Idaho
Department of Lands to the Forest Service and Bureau of Land Management
to be managed for open space preservation for the benefit of the city
of Boise. The State Department of Lands will acquire 7,220 acres of
National Forest System lands that are timber-producing lands and 605
acres of lands from the Bureau of Land Management.
Mr. Speaker, we have no objections to S. 1131.
Mr. OTTER. Mr. Speaker, I rise today in support of S. 1131 the Idaho
Land Enhancement Act. This legislation directs the Secretaries of
Agriculture and Interior to exchange land with the State of Idaho,
including key parcels in the Boise Foothills and North Idaho.
Protecting the Boise Foothills from unchecked development has long
been a priority for residents of Boise, Idaho. In May 2001 the citizens
of Boise, in one of the highest voter turnouts in city history, elected
to tax themselves in order to provide funding to secure permanent
public open space in the Boise Foothills. The land exchange before you
today is a key component of that effort.
The exchange concept was developed between the Idaho Department of
Lands, the Bureau of Land Management and the U.S. Forest Service with
the assistance of the City of Boise. It uses both Bureau of Land
Management and Forest Service acreage to balance an exchange with Idaho
State Endowment lands on an equal-value basis. Bureau of Land
Management, Forest Service and Idaho Department of Lands staff have
identified parcels
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that help reduce threats to federal forests and grasslands identified
by the Chief of the Forest Service while conveying land to the State of
Idaho that help the State's endowment fund beneficiaries.
I introduced identical legislation H.R. 2718, and I appreciate all of
the assistance we got from the House Resources Committee in moving this
bill through the process. This land exchange is an agreement on which
everyone wins. The state of Idaho gets more timberland; the schools get
more timber revenue; the people of the Boise area get more open space;
and the state and federal agencies involved get a higher level of
management efficiency.
I would appreciate your support of this small but important piece of
legislation.
Ms. HERSETH. Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I have no additional speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and pass the Senate bill, S. 1131.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill was passed.
A motion to reconsider was laid on the table.
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