[Senate Report 109-232]
[From the U.S. Government Publishing Office]
Calendar No. 394
109th Congress Report
SENATE
2d Session 109-232
======================================================================
IDAHO LAND ENHANCEMENT ACT
_______
April 20, 2006.--Ordered to be printed
Filed, under authority of the order of the Senate of April 7, 2006
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1131]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1131) to authorize the exchange of
certain Federal land within the State of Idaho, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
(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 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.
PURPOSE OF THE MEASURE
The purpose of S. 1131 is to direct an exchange of
approximately 7,220 acres of National Forest land and 605 acres
of Bureau of Land Management land in Idaho for approximately
11,815 acres of the State of Idaho's land.
BACKGROUND AND NEED
Since the late 1960s, the issue of conserving the Boise
Foothills as open space has been a significant concern of the
city of Boise community. Support for conservation efforts has
continued to grow within the community, culminating in May 2001
with the citizens of Boise, in one of the highest voter
turnouts in city history, electing to tax Boise City residents
in order to provide funding to secure permanent public open
space in the Boise Foothills.
Approximately 7,700 acres of land in the Boise Foothills is
owned by the State of Idaho, and the State is mandated under
its constitution to manage these State Endowment lands to
maximize revenue. While the city of Boise was able to conserve
approximately 3,400 acres of these lands through other
exchanges, it has faced a number of challenges in protecting
the remainder.
The city of Boise, the State of Idaho, the Forest Service,
and the Bureau of Land Management collaboratively produced an
agreement that uses both Bureau of Land Management and Forest
Service lands to balance an exchange with Idaho State Endowment
lands on an equal-value basis. The agreement includes Federal
and State lands across a broad area in the State.
The process of developing the exchange proposal has been
open, and the exchange appears to have wide support in the
State. The city of Boise has facilitated public meetings,
provided opportunities for public comment, met with many of the
affected counties, and has made drafts of the maps of the
exchange available to the public. In addition, a multi-agency
group has evaluated timber values, minerals, cultural
resources, water rights, legal access, wildlife, fisheries,
vegetation, hydrology, wetlands, threatened and endangered
species, and specific habitat.
Public comments on the proposed exchange concepts were
solicited beginning September 20, 2004. Through press releases
and mailings, the public was encouraged to attend any one of
the Open House meetings in Kellogg, St. Maries, Moscow, and
Boise. Written comments were also encouraged through the use of
self-addressed stamped questionnaires and through an online
website. Tribal governments were contacted independently of the
public comment.
The city of Boise has made a substantial investment of
local property-tax dollars in the facilitation of this land
exchange. This exchange will complete a statewide collaborative
process that represents a legacy of local, State, and Federal
cooperation regarding land management interests throughout the
State.
LEGISLATIVE HISTORY
S. 1131 was introduced by Senator Craig on May 26, 2005.
The Subcommittee on Public Lands and Forests held a hearing on
S. 1131 on July 20, 2005 (S. Hrg. 109-157). The Energy and
Natural Resources favorably reported S. 1131, with amendment in
the form of a complete substitute, by unanimous voice vote on
March 8, 2006.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 8, 2006, by a voice vote of a
quorum present, recommends that the Senate pass S. 1131 if
amended as described herein.
COMMITTEE AMENDMENT
The Committee adopted an amendment in the nature of a
substitute that refers to an updated agreement among the State
of Idaho, the Bureau of Land Management, and the Forest Service
dated March 2006 and a new set of maps dated February 28, 2006.
It also simplifies the language in section 3 on valid existing
rights and appraisal requirements. It adds language providing
Congress' intent that the exchange be completed within 180 days
of the Act being signed into law, makes technical
clarifications, and simplifies both the provisions on
acquisition, management, and the Land and Water Conservation
Fund. It removes language on the reconfiguration of parcels,
which is no longer needed due to the final balance of the
exchange, and removes sufficiency language.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2--provides the short title and definitions,
including references to the lands each agency will convey, the
maps that depict them, and the agreement under which they will
be exchanged.
Section 3(a)--directs the Secretaries of the Interior and
Agriculture to exchange the lands, as defined in the Act, in
accordance with the agreement.
Subsection 3(b)--provides the exchange shall be subject to
all valid existing rights. The Committee is not aware of any
water rights on the Federal land that are claimed by the Nez
Perce Tribe, as provided for in the Snake River Water Rights
Act of 2004 (P.L. 108-447), but, in case there are such rights,
subsection (b) makes clear that the conveyances of land
directed by this Act would not affect the title to any of the
Nez Perce Tribe's water rights.
Subsection 3(c)--requires an equal value exchange subject
to appraisals completed under the Uniform Appraisal Standards
for Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice. It also directs a review of
these appraisals by an interdepartmental review team comprised
of representatives of Federal and State Agencies, and approval
by the Secretary of the Interior or the Secretary of
Agriculture, as appropriate.
Subsection 3(d)--authorizes the exchange to include cash
equalization and provides that any cash balance received by the
United States shall be deposited in the fund established under
the Sisk Act (16 U.S.C. 484a). It further directs that such
deposits be utilized to acquire lands for the National Forest
System in the State of Idaho.
Subsection 3(e)--provides that Congress intends the
exchange to be completed within 180 days after enactment of the
Act. The Committee is aware that the State of Idaho, city of
Boise, Forest Service, and Bureau of Land Management have
undertaken environmental analyses and public meetings to help
inform the public and Congress of the exchange.
Subsection 3(f)--authorizes and directs the Secretaries of
the Interior and Agriculture to exchange access and easements
to the State land to be acquired by the United States.
Subsection 3(g)--directs that the city of Boise shall pay
for the administrative costs to carry out the exchange.
Section 4(a)--transfers administrative jurisdiction over
approximately 2,110 acres of Bureau of Land Management land to
the Forest Service.
Section 4(b) and (c)--provides that any lands transferred
to the Secretary of the Interior or the Secretary of
Agriculture shall be managed in accordance with the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), in the case of lands transferred to the Bureau of Land
Management, and in accordance with the Act of March 1, 1911
(commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.),
and the laws (including regulations) applicable to the National
Forest System, in the case of lands transferred to the Forest
Service. Additionally, it directs that any land designated as a
Wilderness Study Area that is transferred to the Secretary of
Agriculture shall be managed in a manner that preserves the
suitability of land for designation as wilderness until
Congress determines otherwise.
Subsection 4(d)--directs that lands transferred to the
Idaho Panhandle and Clearwater National Forests shall be
considered to be within the boundaries of those Forests for the
purpose of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9)
Section 5--authorizes the Secretaries of the Interior and
Agriculture to correct errors and make minor adjustments to
descriptions of lands to be exchanged, revokes certain public
land orders, subject to valid existing rights, and withdraws
the Federal lands from location, entry, and patent under mining
and geothermal steam claims and public land laws. It also
withdraws the lands acquired by the United States, while
allowing the Secretaries of the Interior and Agriculture to use
common varieties of mineral material for construction and
maintenance of Federal roads and facilities.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 1131--Idaho Land Enhancement Act
S. 1131 would direct the Secretaries of Agriculture and the
Interior to convey to the state of Idaho a total of 7,825 acres
of federal land in exchange for 11,815 acres of land owned by
that state. Under the bill, if the values of the properties to
be exchanged are not equal, the parties could either adjust the
number of acres or make cash payments to equalize those values.
Any federal spending for such payments would be subject to the
availability of appropriated funds.
Based on information from the Forest Service and the
Department of the Interior, CBO estimates that implementing S.
1131 would have no significant impact on the federal budget.
Enacting the bill not affect revenues. According to the
agencies, the federal land to be conveyed currently generates
no significant collections from natural resource sales or
leases and is not expected to do so over the next 10 years;
therefore, we estimate that conveying it would not affect
offsetting receipts (a credit against direct spending). Based
on information from the agencies, we expect any cash
equalization payments exchanged under S. 1131 would be
negligible. Finally, we also estimate that the proposed
exchange would not significantly affect the agencies'
administrative costs.
S. 1131 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this legislation would benefit the city of Boise and
the state of Idaho. Any costs that they might incur to complete
this exchange would be incurred voluntarily.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1131.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1131.
EXECUTIVE COMMUNICATIONS
The Administration provided its views on S. 1131 during the
Subcommittee on Public Lands and Forests hearing on July 20,
2005, as follows:
Statement of Joel Holtrop, Deputy Chief, National Forest Service, U.S.
Forest Service, Department of Agriculture
Mr. Chairman and members of the subcommittee, thank you for
giving me the opportunity to present the views of the U.S.
Department of Agriculture on S. 1131, the Idaho Land
Enhancement Act of 2005.
The Idaho Land Enhancement Act would authorize the Forest
Service and the Bureau of Land Management (BLM) to enter into a
collaborative land exchange with the State of Idaho and the
City of Boise, Idaho. The exchange was initiated by the City of
Boise to preserve open space in the Boise foothills. The
exchange culminates a long-term effort by all parties to
preserve the character of the Boise foothills, to increase long
term financial return to the Idaho State Endowment Fund and to
improve land management through consolidation of land ownership
on federal and state lands. The Department supports enactment
of S. 1131. We have a few recommendations that we would like
the committee to consider.
The Boise metropolitan area is one of the fastest growing
regions in the nation. The Boise foothills region provides a
scenic backdrop as well as multiple opportunities for outdoor
recreation activities by area residents. The State of Idaho
manages approximately 6,000 acres of State Endowment lands
within the Foothills that have significant residential
development potential. These lands have a State Constitutional
mandate to maximize revenue to benefit State public schools.
These lands currently yield very little revenue from livestock
grazing or from any other source thus there are incentives to
convey the land out of public ownership.
To reduce the potential of scenic and recreational lands
that are highly-valued by the City of Boise from being
developed, S. 1131 proposes to convey lands in the foothills
from the State of Idaho to the BLM and the Forest Service. To
equalize the value of the exchange, federal timbered lands
under the jurisdiction of the Forest Service would be conveyed
to the State of Idaho. The administrative costs associated with
the conveyance of the Federal land and State land would be paid
by the City of Boise.
The proposed land exchange addresses threats of unmanaged
recreational use, habitat fragmentation, and fire and fuels
reduction in both Northern and Southern Idaho. This proposal
has been proceeding through the administrative process for land
exchanges. Upon determination that the exchange was feasible
and worthy of continued study, on April 26, 2005, the City of
Boise, Idaho Department of Lands, Forest Service and the BLM
signed an agreement to initiate an exchange.
As part of the agreement, BLM, the Forest Service and Boise
City agreed to be jointly responsible for completing
environmental and cultural review work on Federal lands being
transferred to the State of Idaho. Boise City is to pay for
contract environmental and cultural review work approved by all
parties to the agreement. BLM, the Forest Service, Idaho
Department of Lands, and Boise City will be jointly responsible
for completing mineral potential reports, also to be paid for
by the City of Boise.
Under the agreement, initial NEPA scoping was done. BLM and
the Forest Service have completed the following resource
assessments: cultural/historic, Threatened and Endangered
Species, biological, botanical, noxious weeds, timber,
wetlands, floodplains, water resources, recreation, wilderness,
visual, socio-economic and environmental justice, mineral and
mineral potential. Pursuant to the Congressional Finding in
Sec. 5(e), the Forest Service would carry out no further
administrative or environmental analysis in completing the
exchange as delineated in the bill. We will work with the
Committee so that there is a common understanding of the
additional administrative or environmental review that would
otherwise be undertaken by the agency.
This agreement provides the framework for S. 1131. Under
the proposed exchange, approximately 7,220 acres of National
Forest System land within the Idaho Panhandle National Forest
and the Clearwater National Forest would be conveyed to the
State of Idaho. Approximately 11,085 acres of land under the
jurisdiction of the Idaho Department of Lands would be conveyed
to the Bureau of Land Management (7,000 acres) and to the U.S.
Forest Service (4,085 acres). In addition 2,111 acres in the
Grandmother Mountain area currently under the jurisdiction of
the Bureau of Land Management in Shoshone County, Idaho would
be transferred to the Secretary of Agriculture to be
administered by the Forest Service on the Idaho Panhandle
National Forests.
Management of National Forest System lands within the Idaho
Panhandle, Boise, Wallowa-Whitman and Clearwater National
Forests would be improved with the consolidation of land
ownership patterns achieved by the Act. Efficiencies will be
realized by reducing the number of joint-use roads and
easements, and decreasing costs associated with boundary
management. Consolidation of National Forest ownership within
the Elk Creek watershed will prevent habitat fragmentation and
increase opportunities for public recreation in a popular area
of the Clearwater National Forest. Likewise, the State of Idaho
and the BLM will benefit from land ownership consolidation and
increase ability to achieve important management objectives.
The 2,111 acre Grandmother Mountain tract is in an area
where other land under BLM jurisdiction was previously
transferred to the Forest Service. Through the Arkansas-Idaho
Land Exchange Act of 1992 approximately 10,000 acres of land
administered by the BLM were conveyed to the Forest Service.
The 2,111 acre remaining BLM tract is identified as a
Wilderness Study Area. The legislation provides that land
transferred to the Forest Service that was previously
designated as a Wilderness Study Area shall be managed in a
manner that preserves the suitability of the land for
designation as wilderness until Congress determines otherwise.
We would like to work with the committee to implement the
following recommendations concerning this bill. The intent of
Sec. 3 (d) is to require that the exchange be of equal value
between state and federal lands, however, the cash equalization
provision is the only method described to facilitate this
result. Since none of the parties wish to incur a large cash
obligation, we recommend adding a provision allowing for the
deletion of parcels as an alternative method of equalizing
values.
There are several of the State of Idaho parcels that would
be acquired by the Forest Service that are located adjacent to
but outside of the existing National Forest boundaries. We
recommend amending Sec. 4(e) to modify the boundaries on all
four of the affected National Forest to accommodate these
parcels.
This concludes my statement, I would be happy to answer any
questions that you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1131 as ordered
reported.