[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

[[Page H8585]]

     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

[[Page H8586]]

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.

                          ____________________