I 

109TH CONGRESS 

1ST SESSION H. R. 2514 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005 

Mr. SIMPSON introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

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. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Central Idaho Economic Development and Recreation 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Rules of construction. 

TITLE I—CENTRAL IDAHO ECONOMIC DEVELOPMENT AND 

RECREATION PROMOTION 

Sec. 101. Land conveyance, certain Sawtooth National Recreation Area land to 

Custer County, Idaho. 

Sec. 102. Land conveyance, certain 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. Stanley-Red Fish Lake bike and snowmobile trail. 

Sec. 109. Support for other trail construction and maintenance activities. 

Sec. 110. Support for outfitter and guide activities. 

Sec. 111. Red Trees Phase II study regarding forest health and public safety. 

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. 

TITLE II—CENTRAL IDAHO WILDERNESS AREAS 

Sec. 201. Additions to National Wilderness Preservation System. 

Sec. 202. General administration of wilderness areas. 

Sec. 203. Incorporation of acquired lands and interests. 

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. 
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TITLE III—BOULDER-WHITE CLOUD MANAGEMENT AREA 

Sec. 301. Establishment of management area. 

Sec. 302. Land acquisition in management area. 

Sec. 303. Motorized and bicycle travel. 

Sec. 304. Support and use of Idaho Off Road Motor Vehicle Program. 

TITLE IV—WAIVER OF GRAZING PERMITS 

Sec. 401. Findings and purpose. 

Sec. 402. Voluntary grazing permit waiver program. 

Sec. 403. Compensation. 

1 SEC. 2. RULES OF CONSTRUCTION. 

2 Nothing in this Act shall be construed to restrict or 

3 preclude the use of public or private airports or landing 

4 strips located in or adjacent to a wilderness area des5 ignated by title II or the Boulder-White Cloud Manage6 ment Area established by title III. 

7 TITLE I—CENTRAL IDAHO ECO8 NOMIC DEVELOPMENT AND 

9 RECREATION PROMOTION 

10 SEC. 101. LAND CONVEYANCE, CERTAIN SAWTOOTH NA11 TIONAL RECREATION AREA LAND TO CUSTER 

12 COUNTY, IDAHO. 

13 (a) CONVEYANCE REQUIRED.—The Secretary of Ag14 riculture, acting through the Chief of the Forest Service, 

15 shall convey, without consideration, to Custer County, 

16 Idaho, all right, title, and interest of the United States 

17 in and to the parcels of Federal land in the Sawtooth Na18 tional Recreation Area identified for conveyance under 

19 this section on the map entitled ‘‘Custer County Sawtooth 

20 Conveyance’’ and dated November 1, 2005. 
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1 (b) USE OF CONVEYED LAND.—In making the con2 veyance under subsection (a) to the County, the Secretary 

3 shall include deed restrictions relating to the use of the 

4 conveyed land to ensure that such use is consistent with 

5 the planning process of the County and management of 

6 the Sawtooth National Recreation Area. 

7 (c) SURVEY.—The exact acreage and legal descrip8 tion of the land to be conveyed under subsection (a) shall 

9 be determined by a survey satisfactory to the Secretary. 

10 The cost of the survey shall be borne by the Secretary. 

11 (d) ADDITIONAL TERM AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions 

13 in connection with the conveyance under subsection (a) as 

14 the Secretary considers appropriate to protect the inter15 ests of the United States. 

16 SEC. 102. LAND CONVEYANCE, CERTAIN SAWTOOTH NA17 TIONAL FOREST AND BLM LAND TO BLAINE 

18 COUNTY, IDAHO. 

19 (a) CONVEYANCE REQUIRED.—The Secretary of Ag20 riculture, acting through the Chief of the Forest Service, 

21 and the Secretary of the Interior, acting through the Di22 rector of the Bureau of Land Management, shall convey, 

23 without consideration, to Blaine County, Idaho, all right, 

24 title, and interest of the United States in and to the par25 cels of Federal land in the Sawtooth National Forest and 
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1 Bureau of Land Management land identified for convey2 ance under this section on the map entitled ‘‘Blaine Coun3 ty Conveyance’’ and dated November 1, 2005. 

4 (b) TREATMENT OF ROADS AND TRAILS.—In making 

5 the conveyance under subsection (a) to the County, the 

6 Secretary shall include deed restrictions to ensure that any 

7 roads and trails located on the conveyed land remain open 

8 to public use notwithstanding any subsequent conveyance 

9 of the land by the County. 

10 (c) SURVEY.—The exact acreage and legal descrip11 tion of the land to be conveyed under subsection (a) shall 

12 be determined by a survey satisfactory to the Secretary. 

13 The cost of the survey shall be borne by the Secretary. 

14 (d) ADDITIONAL TERM AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions 

16 in connection with the conveyance under subsection (a) as 

17 the Secretary considers appropriate to protect the inter18 ests of the United States. 

19 SEC. 103. LAND CONVEYANCE, DESIGNATED NATIONAL 

20 FOREST SYSTEM LAND TO CITY OF STANLEY, 

21 IDAHO. 

22 (a) CONVEYANCE REQUIRED.—The Secretary of Ag23 riculture, acting through the Chief of the Forest Service, 

24 shall convey, without consideration, to the City of Stanley, 

25 Idaho, all right, title, and interest of the United States 
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1 in and to the parcels of National Forest System land iden2 tified for conveyance under this section on the map enti3 tled ‘‘City of Stanley Conveyance’’ and dated November 

4 1, 2005. 

5 (b) SURVEY.—The exact acreage and legal descrip6 tion of the land to be conveyed under subsection (a) shall 

7 be determined by a survey satisfactory to the Secretary. 

8 The cost of the survey shall be borne by the Secretary. 

9 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions 

11 in connection with the conveyance under subsection (a) as 

12 the Secretary considers appropriate to protect the inter13 ests of the United States. 

14 SEC. 104. LAND CONVEYANCE, DESIGNATED BLM LAND TO 

15 CITY OF CLAYTON, IDAHO. 

16 (a) CONVEYANCE REQUIRED.—The Secretary of the 

17 Interior, acting through the Director of the Bureau of 

18 Land Management, shall convey, without consideration, to 

19 the City of Clayton, Idaho, all right, title, and interest of 

20 the United States in and to the Bureau of Land Manage21 ment land identified for conveyance under this section on 

22 the map entitled ‘‘City of Clayton Conveyance’’ and dated 

23 November 1, 2005. 

24 (b) SURVEY.—The exact acreage and legal descrip25 tion of the land to be conveyed under subsection (a) shall 
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1 be determined by a survey satisfactory to the Secretary. 

2 The cost of the survey shall be borne by the Secretary. 

3 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with the conveyance under subsection (a) as 

6 the Secretary considers appropriate to protect the inter7 ests of the United States. 

8 SEC. 105. LAND CONVEYANCE, DESIGNATED BLM LAND TO 

9 CITY OF MACKAY, IDAHO. 

10 (a) CONVEYANCE REQUIRED.—The Secretary of the 

11 Interior, acting through the Director of the Bureau of 

12 Land Management, shall convey, without consideration, to 

13 the City of Mackay, Idaho, all right, title, and interest of 

14 the United States in and to the Bureau of Land Manage15 ment land identified for conveyance under this section on 

16 the map entitled ‘‘City of Mackay Conveyance’’ and dated 

17 November 1, 2005. 

18 (b) SURVEY.—The exact acreage and legal descrip19 tion of the land to be conveyed under subsection (a) shall 

20 be determined by a survey satisfactory to the Secretary. 

21 The cost of the survey shall be borne by the Secretary. 

22 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec23 retary may require such additional terms and conditions 

24 in connection with the conveyance under subsection (a) as 
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1 the Secretary considers appropriate to protect the inter2 ests of the United States. 

3 SEC. 106. LAND CONVEYANCE, DESIGNATED BLM LAND TO 

4 CITY OF CHALLIS, IDAHO. 

5 (a) CONVEYANCE REQUIRED.—The Secretary of the 

6 Interior, acting through the Director of the Bureau of 

7 Land Management, shall convey, without consideration, to 

8 the City of Challis, Idaho, all right, title, and interest of 

9 the United States in and to the Bureau of Land Manage10 ment land identified for conveyance under this section on 

11 the map entitled ‘‘City of Challis Conveyance’’ and dated 

12 November 1, 2005. 

13 (b) SURVEY.—The exact acreage and legal descrip14 tion of the land to be conveyed under subsection (a) shall 

15 be determined by a survey satisfactory to the Secretary. 

16 The cost of the survey shall be borne by the Secretary. 

17 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions 

19 in connection with the conveyance under subsection (a) as 

20 the Secretary considers appropriate to protect the inter21 ests of the United States. 
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1 SEC. 107. LAND CONVEYANCE AUTHORITY, SUPPORT FOR 

2 MOTORIZED AND BICYCLE RECREATION, 

3 PUBLIC LAND IN CENTRAL IDAHO. 

4 (a) MOTORIZED RECREATION PARK.—Subject to 

5 subsection (b), the Secretary of the Interior shall convey, 

6 without consideration, to the State of Idaho all right, title, 

7 and interest of the United States in and to a parcel of 

8 public land administered through the Bureau of Land 

9 Management, consisting of approximately 960 acres near 

10 Boise, Idaho, for the purpose of permitting the State to 

11 establish a motorized recreation park on the land. As a 

12 condition of the conveyance of the land, the State shall 

13 agree to include a beginner track as part of the recreation 

14 park to be used to teach safe, responsible riding tech15 niques and to establish areas for drivers with different lev16 els of skills. 

17 (b) RESERVATION OF PORTION FOR BICYCLE USE.— 

18 As a condition of the conveyance of the land under sub19 section (a), the State shall reserve 20 acres of the con20 veyed land for the use of mountain bikes and open the 

21 reserved portion to such use as soon as practicable after 

22 the date of the conveyance. Funds appropriated pursuant 

23 to the authorization of appropriations in section 109 shall 

24 be available to facilitate the establishment of the bicycle 

25 portion of the recreation park. 
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1 (c) SURVEY.—The exact acreage and legal descrip2 tion of the land to be conveyed under this section shall 

3 be determined by a survey satisfactory to the Secretary. 

4 The cost of the survey shall be borne by the State. 

5 (d) ADDITIONAL TERM AND CONDITIONS.—The Sec6 retary concerned may require such additional terms and 

7 conditions in connection with the conveyance under this 

8 section as the Secretary considers appropriate to protect 

9 the interests of the United States. 

10 SEC. 108. STANLEY-RED FISH LAKE BIKE AND SNOWMOBILE 

11 TRAIL. 

12 (a) DEVELOPMENT OF TRAIL.—The Secretary of Ag13 riculture shall design, construct, and maintain a paved 

14 trail between the city of Stanley, Idaho, and Red Fish 

15 Lake that is designated for use— 

16 (1) by pedestrians and non-motorized vehicles 

17 generally; and 

18 (2) as a snowmobile route when there is ade19 quate snow cover. 

20 (b) ACQUISITION FROM WILLING SELLERS.—Any 

21 land or interests in land to be acquired by the Secretary 

22 for construction of the paved trail required by subsection 

23 (a) shall be acquired only by donation or by purchase from 

24 willing sellers. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary $500,000 

3 to carry out this section. Amounts appropriated pursuant 

4 to this authorization of appropriations shall remain avail5 able until expended. 

6 SEC. 109. SUPPORT FOR OTHER TRAIL CONSTRUCTION AND 

7 MAINTENANCE ACTIVITIES. 

8 There is authorized to be appropriated to the Sec9 retary of Agriculture or the Secretary of the Interior 

10 $500,000 for the construction and maintenance of bicycle 

11 trails in the State of Idaho. Amounts appropriated pursu12 ant to this authorization of appropriations shall remain 

13 available until expended. 

14 SEC. 110. SUPPORT FOR OUTFITTER AND GUIDE ACTIVI15 TIES. 

16 (a) EXISTING OPERATING PERMITS.—Before the end 

17 of the one-year period beginning on the date of the enact18 ment of this Act, the Secretary of Agriculture and the Sec19 retary of the Interior shall grant a 10-year extension of 

20 each guide or outfitter operating permit that, as of the 

21 date of the enactment of this Act, authorized activities on 

22 lands included in a wilderness area designated by title II 

23 or the Boulder-White Cloud Management Area established 

24 by title III. The Secretary concerned may refuse to grant 

25 the extension of a permit only if the Secretary determines 
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1 that the permittee has not operated in a satisfactory man2 ner in compliance with the terms and conditions of the 

3 permit. The Secretary concerned may require the modi4 fication of the extended permit as necessary to comply 

5 with the requirements of this Act. 

6 (b) FUTURE OUTFITTER AND GUIDE ACTIVITIES.— 

7 Future extensions of outfitter and guide activities and per8 mits for outfitters on lands included in a wilderness area 

9 designated by title II or the Boulder-White Cloud Manage10 ment Area established by title III shall be administered 

11 in accordance with applicable Federal laws and resource 

12 management plans. No person shall conduct outfitter and 

13 guide activities on such Federal land except as authorized 

14 by the Secretary concerned. 

15 SEC. 111. RED TREES PHASE II STUDY REGARDING FOREST 

16 HEALTH AND PUBLIC SAFETY. 

17 (a) STUDY REQUIRED.—Not later than June 1, 

18 2005, the Secretary of Agriculture shall complete and sub19 mit to Congress a Red Trees Phase II study evaluating, 

20 in accordance with Federal laws and regulations, nec21 essary landscape approaches to risk assessment to identify 

22 forest health projects that, if implemented, will effectively 

23 mitigate major fire risks on lands included in the Saw24 tooth National Recreation Area. The Secretary shall in25 clude, as part of the submission to Congress, such rec-
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1 ommendations as the Secretary considers appropriate for 

2 the timely implementation of the projects, the local utiliza3 tion of forest products derived from the projects, and con4 servation measures to protect soil, water, wildlife, recre5 ation, and scenic values. 

6 (b) TREATMENT OF PROCEEDS.—Notwithstanding 

7 any other provision of law, proceeds derived from any for8 est health project recommended as part of the study re9 quired by subsection (a), in excess of the costs incurred 

10 to administer the project, shall be available to the Sec11 retary, without appropriation and until expended, to carry 

12 out conservation projects in the Boulder-White Clouds 

13 Management Area established by title III. 

14 SEC. 112. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC 

15 DEVELOPMENT AND RECREATION. 

16 (a) GRANT TO CUSTER COUNTY, IDAHO.—There is 

17 appropriated to the Secretary of Agriculture, out of any 

18 funds in the Treasury not otherwise appropriated, 

19 $5,000,000, which shall be used by the Secretary to make 

20 a grant to Custer County, Idaho, in the full amount so 

21 appropriated. The grant recipient shall use the grant 

22 funds to support sustainable economic development in 

23 Custer County. 

24 (b) GRANT TO STATE OF IDAHO.—There is appro25 priated to the Secretary of Agriculture, out of any funds 
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1 in the Treasury not otherwise appropriated, $500,000, 

2 which shall be used by the Secretary to make a grant to 

3 the State of Idaho Parks and Recreation Department, in 

4 the full amount so appropriated. The grant recipient shall 

5 use the grant funds to purchase Bayhorse Campground 

6 for use as a State park. 

7 SEC. 113. CONTINUATION OF PUBLIC ACCESS TO BOWERY 

8 NATIONAL FOREST GUARD STATION. 

9 (a) CONSTRUCTION OF ROAD AND BRIDGE.—To en10 sure continued public access to the Bowery Guard Station, 

11 the Secretary of Agriculture shall construct a new road 

12 on National Forest System lands, to the east of the exist13 ing private property line on the east side of the Leisinger 

14 property, and a new bridge over West Pass Creek as part 

15 of such road. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary such sums 

18 as may be necessary to carry out this section. Amounts 

19 appropriated pursuant to this authorization of appropria20 tions shall remain available until expended. 

21 SEC. 114. EXPANSION AND IMPROVEMENT OF HERD LAKE 

22 CAMPGROUND. 

23 (a) EXPANSION AND IMPROVEMENT OF CAMP24 GROUND.—The Secretary of the Interior shall expand and 
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1 improve the Herd Lake Campground facilities located 

2 below the outlet of Herd Lake. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary $500,000 

5 to carry out this section. Amounts appropriated pursuant 

6 to this authorization of appropriations shall remain avail7 able until expended. 

8 TITLE II—CENTRAL IDAHO 

9 WILDERNESS AREAS 

10 SEC. 201. ADDITIONS TO NATIONAL WILDERNESS PRESER11 VATION SYSTEM. 

12 (a) ADDITIONS.—Congress has determined that the 

13 following lands in central Idaho shall be designated as wil14 derness and managed as components of the National Wil15 derness Preservation System: 

16 (1) ERNEST HEMINGWAY WILDERNESS.—Cer17 tain Federal land in the Sawtooth and Challis Na18 tional Forests, comprising approximately 72,500 

19 acres, as generally depicted on the map entitled ‘‘Er20 nest Hemingway’’ and dated llllll, which 

21 shall be known as the ‘‘Ernest Hemingway Wilder22 ness’’. 

23 (2) WHITE CLOUDS WILDERNESS.—Certain 

24 Federal land in the Sawtooth and Challis National 

25 Forests, comprising approximately 74,700 acres, as 
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1 generally depicted on the map entitled ‘‘White 

2 Clouds’’ and dated lllllll, which shall be 

3 known as the ‘‘White Clouds Wilderness’’. 

4 (3) JERRY PEAK WILDERNESS.—Certain Fed5 eral land in the Challis National Forest and Challis 

6 District of the Bureau of Land Management, com7 prising approximately 146,900 acres, as generally 

8 depicted on the map entitled ‘‘Jerry Peak Wilder9 ness’’ and dated lllllll, which shall be 

10 known as the ‘‘Jerry Peak Wilderness’’. 

11 (b) MAPS AND LEGAL DESCRIPTION.— 

12 (1) IN GENERAL.—As soon as practicable after 

13 the date of enactment of this Act, the Secretary of 

14 Agriculture, in the case of the wilderness areas des15 ignated by paragraphs (1) and (2) of subsection (a), 

16 and the Secretary of the Interior, in the case of the 

17 wilderness area designated by paragraph (3) of such 

18 subsection, in this title referred to as the ‘‘Secretary 

19 concerned’’, shall file a map and legal description of 

20 the wilderness areas designated by such subsection 

21 with the Committee on Resources of the House of 

22 Representatives and the Committee on Energy and 

23 Natural Resources of the Senate. 

24 (2) EFFECT.—Each map and legal description 

25 shall have the same force and effect as if included 
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1 in this title, except that the Secretary concerned 

2 may correct clerical and typographical errors in the 

3 map or legal description. 

4 (3) AVAILABILITY.—Each map and legal de5 scription shall be on file and available for public in6 spection in the appropriate offices of the Bureau of 

7 Land Management or the Forest Service. 

8 (c) WITHDRAWAL.—Subject to valid existing rights, 

9 the wilderness areas designated in subsection (a) are with10 drawn from all forms of entry, appropriation, and disposal 

11 under the public land laws, location, entry, and patent 

12 under the mining laws, and operation of the mineral leas13 ing, mineral materials, and geothermal leasing laws. 

14 SEC. 202. GENERAL ADMINISTRATION OF WILDERNESS 

15 AREAS. 

16 (a) APPLICATION OF WILDERNESS ACT.—Subject to 

17 valid existing rights, the wilderness areas designated by 

18 section 201 shall be managed by the Secretary concerned 

19 in accordance with the Wilderness Act (16 U.S.C. 1131 

20 et seq.) and this title. With respect to the wilderness areas, 

21 any reference in the Wilderness Act to the effective date 

22 of the Wilderness Act shall be deemed to be a reference 

23 to the date of the enactment of this Act, and any reference 

24 in the Wilderness Act to the Secretary of Agriculture shall 

25 be deemed to be a reference to the Secretary concerned. 
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1 (b) CONSISTENT INTERPRETATION TO THE PUB2 LIC.—Although the wilderness areas designated by section 

3 201 consist of National Forest System land under the ju4 risdiction of the Secretary of Agriculture and public land 

5 under the jurisdiction of the Secretary of the Interior, the 

6 Secretary of Agriculture and the Secretary of the Interior 

7 shall collaborate to assure that the wilderness areas are 

8 interpreted to the public as an overall complex tied to9 gether by common location in the Boulder-White Cloud 

10 Mountains and common identity with the natural and cul11 tural history of the State of Idaho and its Native Amer12 ican and pioneer heritage. 

13 (c) COMPREHENSIVE WILDERNESS MANAGEMENT

14 PLAN.—Not later than three years after the date of the 

15 enactment of this Act, the Secretary of Agriculture and 

16 Secretary of the Interior shall collaborate to develop a 

17 comprehensive wilderness management plan for the wil18 derness areas designated by section 201. The completed 

19 management plan shall be submitted to the Committee on 

20 Resources of the House of Representatives and the Com21 mittee on Energy and Natural Resources of the Senate. 

22 (d) FIRE, INSECTS, AND DISEASES.—Within the wil23 derness area designated by section 201, the Secretary con24 cerned may take such measures as the Secretary con25 cerned determines to be necessary for the control of fire, 
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1 insects, and diseases, subject to such conditions as the 

2 Secretary concerned considers desirable, as provided in 

3 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

4 1131(d)(1)). 

5 (e) WILDERNESS TRAILS AND TRAILHEADS.— 

6 (1) CONSTRUCTION OF NEW TRAILHEAD.—The 

7 Secretary concerned shall construct a new trailhead 

8 for nonmotorized users and improve access to the 

9 Wickiup Trail (#684) and at the Big Boulder Trail10 head to separate motorized/bicycle users from non11 motorized/bicycle users. 

12 (2) INCLUSION OF ACCESSIBLE TRAILS.—The 

13 Secretary concerned may establish wheelchair acces14 sible trails into the wilderness areas designated by 

15 section 201, including the Bowery Creek Guard Sta16 tion along the West Fork of the East Fork of the 

17 Salmon River. 

18 (f) TREATMENT OF EXISTING CLAIMS AND PRIVATE

19 LANDS.—Nothing in this title is intended to affect the 

20 rights or interests in real property, patented mining 

21 claims, or valid claims or prevent reasonable access for 

22 the development and use of valid mineral rights. The Sec23 retary concerned may enter into negotiations with the 

24 holder of a patented claim or valid claim located in a wil-
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1 derness area designated by section 201 for the voluntary 

2 relinquishment of the claim. 

3 (g) GRAZING.—Grazing of livestock in a wilderness 

4 area designated by section 201, where established before 

5 the date of the enactment of this Act, shall be adminis6 tered in accordance with the provisions of section 4(d)(4) 

7 of the Wilderness Act (16 U.S.C. 1133(d)(4)), section 108 

8 of Public Law 96–560, and section 101(f) of Public Law 

9 101–628, and in accordance with the guidelines set forth 

10 in Appendix A of House Report 96–617 of the 96th Con11 gress and House Report 101–405 of the 101st Congress. 

12 (h) COMMERCIAL OUTFITTERS AND SADDLE AND

13 PACK STOCK.—Nothing in this title shall preclude horse14 back riding or the entry of recreational saddle or pack 

15 stock into the wilderness areas designated by section 201, 

16 including when such entry is made by commercial outfit17 ters. 

18 SEC. 203. INCORPORATION OF ACQUIRED LANDS AND IN19 TERESTS. 

20 Any land or interest in land located inside the bound21 aries of a wilderness area designated by section 201 that 

22 is acquired by the United States after the date of the en23 actment of this Act shall be added to and administered 

24 as part of the wilderness area. 
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1 SEC. 204. ADJACENT MANAGEMENT. 

2 (a) NO PROTECTIVE PERIMETERS OR BUFFER

3 ZONES.—Congress does not intend for the designation of 

4 the wilderness areas by section 201 to lead to the creation 

5 of protective perimeters or buffer zones around any such 

6 wilderness area. 

7 (b) NONWILDERNESS ACTIVITIES.—The fact that 

8 nonwilderness activities or uses outside of a wilderness 

9 area designated by section 201 can be seen or heard from 

10 inside of the wilderness area shall not preclude the conduct 

11 of those activities or uses outside the boundaries of the 

12 wilderness area. 

13 SEC. 205. WILDFIRE MANAGEMENT. 

14 Consistent with section 4 of the Wilderness Act (16 

15 U.S.C. 1133), nothing in this title precludes a Federal, 

16 State, or local agency from conducting wildfire manage17 ment operations, including operations using aircraft or 

18 mechanized equipment, to manage wildfires in the wilder19 ness areas designated by section 201. 

20 SEC. 206. WATER RIGHTS. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) The lands designated as wilderness areas by 

23 section 201 are located at the headwaters of the 

24 streams and rivers on those lands, with few, if any, 

25 actual or proposed water resource facilities located 

26 upstream from such lands and few, if any, opportu-
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1 nities for diversion, storage, or other uses of water 

2 occurring outside such lands that would adversely 

3 affect the wilderness values of such lands. 

4 (2) The lands designated as wilderness areas by 

5 section 201 are not suitable for use for development 

6 of new water resource facilities or for the expansion 

7 of existing facilities. 

8 (3) Therefore, it is possible to provide for prop9 er management and protection of the wilderness 

10 value of the lands designated as wilderness areas by 

11 section 201 in ways different from the ways utilized 

12 in other laws designating wilderness areas. 

13 (b) PURPOSE.—The purpose of this section is to pro14 tect the wilderness values of the lands designated as wil15 derness areas by section 201 by means other than a feder16 ally reserved water right. 

17 (c) STATUTORY CONSTRUCTION.—Nothing in this 

18 title— 

19 (1) shall constitute, or be construed to con20 stitute, either an express or implied reservation by 

21 the United States of any water or water rights with 

22 respect to the wilderness areas designated by section 

23 201; 

24 (2) shall affect any water rights in the State of 

25 Idaho existing on the date of the enactment of this 
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1 Act, including any water rights held by the United 

2 States; 

3 (3) shall be construed as establishing a prece4 dent with regard to any future wilderness designa5 tions; 

6 (4) shall be construed as limiting, altering, 

7 modifying, or amending any of the interstate com8 pacts or equitable apportionment decrees that appor9 tion water among and between the State of Idaho 

10 and other States; and 

11 (5) shall be construed as limiting, altering, 

12 modifying, or amending provisions of Public Law 

13 92–400, which established the Sawtooth National 

14 Recreation Area (16 U.S.C. 460aa et seq.). 

15 (d) IDAHO WATER LAW.—The Secretary concerned 

16 shall follow the procedural and substantive requirements 

17 of the law of the State of Idaho when seeking to establish 

18 any water rights, not in existence on the date of the enact19 ment of this Act, with respect to the wilderness areas des20 ignated by section 201. 

21 (e) NEW PROJECTS.— 

22 (1) PROHIBITION.—Except as otherwise pro23 vided in this Act, on and after the date of the enact24 ment of this Act, neither the President nor any 

25 other officer, employee, or agent of the United 
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1 States shall fund, assist, authorize, or issue a license 

2 or permit for the development of any new water re3 source facility inside any of the wilderness areas des4 ignated by section 201. 

5 (2) DEFINITION.—In this subsection, the term 

6 ‘‘water resource facility’’ means irrigation and 

7 pumping facilities, reservoirs, water conservation 

8 works, aqueducts, canals, ditches, pipelines, wells, 

9 hydropower projects, and transmission and other an10 cillary facilities, and other water diversion, storage, 

11 and carriage structures. 

12 SEC. 207. WILDLIFE MANAGEMENT. 

13 (a) STATE JURISDICTION.—In accordance with sec14 tion 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

15 nothing in this title affects or diminishes the jurisdiction 

16 of the State of Idaho with respect to fish and wildlife man17 agement, including the regulation of hunting, fishing, and 

18 trapping, in the wilderness areas designated by section 

19 201. 

20 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

21 the purposes and principles of the Wilderness Act, man22 agement activities to maintain or restore fish and wildlife 

23 populations and the habitats to support such populations 

24 may be carried out within wilderness areas designated by 

25 section 201 where consistent with relevant wilderness 
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1 management plans, in accordance with appropriate poli2 cies such as those set forth in Appendix B of House Re3 port 101–405 of the 101st Congress, including the occa4 sional and temporary use of motorized vehicles, if such 

5 use, as determined by the Secretary concerned is the min6 imum impact necessary to reasonably accomplish the task. 

7 (c) USE OF AIRCRAFT.—Consistent with section 

8 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and 

9 in accordance with appropriate policies such as those set 

10 forth in Appendix B of House Report 101–405 of the 

11 101st Congress, the State of Idaho may continue to use 

12 aircraft, including helicopters, to survey, capture, trans13 plant, monitor, and manage elk, deer, bighorn sheep, 

14 mountain goats, wolves, grizzly bears, and other wildlife 

15 and fish. 

16 (d) HUNTING, FISHING, AND TRAPPING.—Nothing in 

17 this title shall affect hunting, fishing, and trapping, under 

18 applicable State and Federal laws and regulations, in the 

19 wilderness areas designated by section 201. The Secretary 

20 concerned may designate, by regulation in consultation 

21 with the appropriate State agency (except in emergencies), 

22 areas in which, and establish periods during which, for 

23 reasons of public safety, administration, or compliance 

24 with applicable laws, no hunting, fishing, or trapping will 

25 be permitted in the wilderness areas. 
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1 SEC. 208. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

2 USES. 

3 Nothing in this title shall be construed to diminish 

4 the rights of any Indian tribe. Nothing in this title shall 

5 be construed to diminish tribal rights regarding access to 

6 Federal lands for tribal activities, including spiritual, cul7 tural, and traditional food-gathering activities. 

8 SEC. 209. MILITARY OVERFLIGHTS. 

9 Nothing in this title restricts or precludes— 

10 (1) low-level overflights of military aircraft over 

11 the wilderness areas designated by section 201, in12 cluding military overflights that can be seen or 

13 heard within the wilderness areas; 

14 (2) flight testing and evaluation; or 

15 (3) the designation or creation of new units of 

16 special use airspace, or the establishment of military 

17 flight training routes, over the wilderness areas. 

18 SEC. 210. WILDERNESS REVIEW. 

19 (a) NATIONAL FORESTS.—Section 5 of Public Law 

20 92–400 (16 U.S.C. 460aa–4), which required a review of 

21 the undeveloped and unimproved portion or portions of the 

22 Sawtooth National Recreation Area established by that 

23 Act as to suitability or nonsuitability for preservation as 

24 part of the National Wilderness Preservation System, is 

25 repealed. 

26 (b) PUBLIC LANDS.— 
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1 (1) FINDING.—Congress finds that, for the pur2 pose of section 603 of the Federal Land Policy and 

3 Management Act of 1976 (43 U.S.C. 1782), the 

4 public land administered by the Bureau of Land 

5 Management in the following areas have been ade6 quately studied for wilderness designation: 

7 (A) The Jerry Peak Wilderness Study 

8 Area. 

9 (B) The Jerry Peak West Wilderness 

10 Study Area. 

11 (C) The Corral-Horse Basin Wilderness 

12 Study Area. 

13 (D) The Boulder Creek Wilderness Study 

14 Area. 

15 (2) RELEASE.—Any public land described in 

16 paragraph (1) that is not designated as wilderness 

17 by this title— 

18 (A) is no longer subject to section 603(c) 

19 of the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1782(c)); and 

21 (B) shall be managed in accordance with 

22 land management plans adopted under section 

23 202 of that Act (43 U.S.C. 1712). 
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1 TITLE III—BOULDER-WHITE 

2 CLOUD MANAGEMENT AREA 

3 SEC. 301. ESTABLISHMENT OF MANAGEMENT AREA. 

4 (a) FINDINGS AND PURPOSES.—In the case of those 

5 Federal lands not designated as wilderness in title II, Con6 gress has examined the management alternatives for such 

7 lands and finds that the designation of such lands as a 

8 special management area will provide outstanding oppor9 tunities for many forms of recreation, including mountain 

10 biking, snowmobiling, and the use of off-road motorized 

11 vehicles. The purpose of this title is to statutorily provide 

12 for the continued management of such lands for motorized 

13 and other recreational opportunities, livestock grazing, 

14 and conservation and resource protection in accordance 

15 with the current management areas and plans of the 

16 Challis National Forest, the Sawtooth National Recreation 

17 Area, and the Challis District of the Bureau of Land Man18 agement In addition, it is the purpose of this title to pro19 vide that motorized use of such lands shall be allowed in 

20 accordance with the travel map entitled ‘‘Boulder-White 

21 Clouds Management Area Travel Plan’’ and dated June 

22 1, 2005. 

23 (b) ESTABLISHMENT.—Those Federal lands in the 

24 Challis National Forest, the Sawtooth National Recreation 

25 Area, and the Challis District of the Bureau of Land Man-
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1 agement that are not designated as wilderness in title II, 

2 as generally depicted on the map entitled ‘‘Boulder-White 

3 Cloud Management Area’’ and dated June 1, 2005, are 

4 hereby designated as the Boulder White Cloud Manage5 ment Area (in this title referred to as the ‘‘management 

6 area’’) and shall be managed as provided by this title. 

7 (c) ADMINISTRATION.—Except as otherwise provided 

8 in this title, the Secretary of Agriculture, in the case of 

9 National Forest System lands included in the management 

10 area, and the Secretary of the Interior, in the case of pub11 lic lands included in the management area, in this title 

12 referred to as the ‘‘Secretary concerned’’, shall administer 

13 the management area in accordance with this title and the 

14 laws and regulations generally applicable to the National 

15 Forest System lands and the public lands included in the 

16 respective management areas and in accordance with the 

17 respective management plans of the Sawtooth National 

18 Recreation Area, Challis National Forest and the Challis 

19 District of the Bureau of Land Management as referenced 

20 by the map referred to in subsection (b). 

21 (d) DEVELOPMENT.—No new roads may be con22 structed within the management area, except as necessary 

23 for access to campgrounds and other recreation areas as 

24 determined by the Secretary concerned. Roads may be 

25 maintained and relocated as necessary. The Secretary con-
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1 cerned shall permit the mining and removal of gravel, 

2 sand, and rock along existing roads in the management 

3 area as necessary for road maintenance in accordance with 

4 the applicable management plan. 

5 (e) TIMBER HARVESTING.—Timber harvesting shall 

6 be allowed on lands in the management area only in ac7 cordance with the management plan applicable to the 

8 lands and for necessary control of fire, insects, and dis9 eases and for public safety. 

10 (f) TRAILS.— 

11 (1) CONSTRUCTION, MAINTENANCE, AND IM12 PROVEMENTS.—There is authorized to be appro13 priated to the Secretary of Agriculture and the Sec14 retary of the Interior $650,000 for trail construction 

15 and maintenance and for other improvements related 

16 to outfitting, guiding, hiking, and horseback use 

17 within the management area. Amounts appropriated 

18 pursuant to this authorization of appropriations 

19 shall remain available until expended. 

20 (2) SET-ASIDE FOR TRAIL CONSTRUCTION.—Of 

21 the amounts appropriated pursuant to the authoriza22 tion of appropriations in paragraph (1), $150,000 

23 shall be available for the construction of— 
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1 (A) a trail between the 4th of July Road 

2 and Phyllis Lake that is wheelchair accessible; 

3 and 

4 (B) other trails in the management area. 

5 SEC. 302. LAND ACQUISITION IN MANAGEMENT AREA. 

6 (a) LAND ACQUISITION.—The Secretary concerned 

7 may acquire, by donation or purchase from willing sellers, 

8 lands and interests in lands— 

9 (1) located inside the boundaries of the man10 agement area; or 

11 (2) located adjacent to the management area to 

12 provide easements for additional public access to the 

13 management area. 

14 (b) NO USE OF CONDEMNATION.—No lands or inter15 ests in lands may be acquired by condemnation for inclu16 sion in the management area or to provide access to the 

17 management area. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated not more than $5,000,000 

20 to carry out this section. Amounts appropriated pursuant 

21 to this authorization of appropriations shall remain avail22 able until expended. 

23 SEC. 303. MOTORIZED AND BICYCLE TRAVEL. 

24 (a) MOTORIZED AND BICYCLE TRAVEL AUTHOR25 IZED.—In the case of land included in the management 
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1 area, motorized and bicycle travel shall continue to be al2 lowed in accordance with Forest Service and Bureau of 

3 Land Management travel plans and maps in existence as 

4 of September 1, 2003, which managed recreation use for 

5 the specific areas, roads, and trails on those lands, as ref6 erenced on the travel map entitled ‘‘Boulder-White Clouds 

7 Management Area Travel Plan’’ and dated June 1, 2005. 

8 (b) ESTABLISHMENT OR USE OF OTHER TRAILS AND

9 ROUTES.—Notwithstanding subsection (a), other trails 

10 and routes may be used for motorized and bicycle travel 

11 whenever the Secretary concerned considers such use to 

12 be necessary for administrative purposes or to respond to 

13 an emergency. 

14 (c) ROUTE AND TRAIL CLOSURES.—The following 

15 roads or trails shall be closed to motorized and mechanized 

16 trail use, except when there is adequate snowcover to per17 mit snowmobile use: 

18 (1) Forest Service Trail 109 between the Phyl19 lis Lake turnoff to 4th of July Lake and the north 

20 side of Washington Lake. 

21 (2) Forest Service Trail 671 up Warm Springs 

22 Creek from Trail 104 to the wilderness boundary. 

23 (d) GROUNDS FOR TRAIL SEGMENT CLOSURES.—Re24 source damage that can be mitigated and issues of user 

25 conflict shall not be used as grounds for the closure of 
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1 a trail or route in the management area, although the Sec2 retary concerned may close any trail or route, or prohibit 

3 the use of trail or route for motorized and mechanize trav4 el, if the Secretary determines that such closure or prohi5 bition is the only reasonable means available for resource 

6 protection or public safety. 

7 (e) MITIGATION OF TRAIL CLOSURES.—If the Sec8 retary determines under subsection (d) that closing an 

9 available trail or route in the management area is nec10 essary for resource protection or public safety, the Sec11 retary shall take any of the following mitigation actions, 

12 intended to provide commensurate motorized recreation 

13 opportunities in the same general area of the management 

14 area: 

15 (1) Repair resource damage and secure condi16 tions so that closed trails may be reopened to motor17 ized use. 

18 (2) Replace, relocate, or reroute the trail or the 

19 trail segment to provide a similar link between travel 

20 points. 

21 (3) A combination of the actions specified in 

22 paragraphs (1) and (2) and other actions to achieve 

23 the overall mitigation objective. 

24 (f) RELATION TO OTHER LAWS.—In considering 

25 mitigation actions under subsection (e), the Secretary con-
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1 cerned shall ensure that such action is consistent with the 

2 overall objectives of the management area. If the lands 

3 are also included in the Sawtooth National Recreation 

4 Area, the Secretary concerned shall also administer the 

5 action in accordance with Public Law 92–400 (16 U.S.C. 

6 460aa et seq.), the travel plan in existence as of Sep7 tember 1, 2003, for the Sawtooth National Recreation 

8 Area, and executive orders and other relevant laws and 

9 regulations existing on or before that date. 

10 SEC. 304. SUPPORT AND USE OF IDAHO OFF ROAD MOTOR 

11 VEHICLE PROGRAM. 

12 (a) GRANT TO PROGRAM.—There is authorized to be 

13 appropriated to the Secretary of Agriculture not more 

14 than $1,000,000, which shall be used by the Secretary to 

15 make a grant to the State of Idaho in the full amount 

16 so appropriated for deposit with the Off Road Motor Vehi17 cle Program of the Idaho Department of State Parks and 

18 Recreation, which is used to support the acquisition, pur19 chase, improvement, repair, maintenance, furnishing, and 

20 equipping of off-road motor vehicle facilities and sites, to 

21 groom snowmobile trails, and for enforcement activities 

22 and the rehabilitation of land damaged by off-road vehicle 

23 users. As a condition of the grant, the State must main24 tain the grant funds as a separate account of the Off Road 
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1 Motor Vehicle Program and may not use the funds except 

2 as provided by this section. 

3 (b) USE OF GRANT FUNDS.—When the Secretary 

4 concerned determines that additional funds are required 

5 to carry out the activities described in subsection (a) in 

6 the management area, the Secretary may apply for funds 

7 from the Off Road Motor Vehicle Program. Funds re8 ceived under this subsection shall be used only in the man9 agement area. 

10 (c) CONSULTATION AND RECOMMENDATIONS.—Be11 fore funds are provided under subsection (b), the Off Road 

12 Motor Vehicle Program shall consider any recommenda13 tions regarding the use of the funds made by the advisory 

14 committee established as part of the program as well as 

15 public comments. 

16 (d) RELATION TO OTHER LAWS.—Any action under17 taken using funds obtained under subsection (b) shall con18 form to the applicable travel plan of the Challis National 

19 Forest, the Sawtooth National Recreation Area, or the 

20 Challis District of the Bureau of Land Management. 

21 TITLE IV—WAIVER OF GRAZING 

22 PERMITS 

23 SEC. 401. FINDINGS AND PURPOSE. 

24 (a) FINDINGS.—Congress finds the following: 
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1 (1) Grazing allotments on the lands designated 

2 as wilderness by title II, and on nearby Federal 

3 lands, have been reduced repeatedly by Forest Serv4 ice and other Federal agency decisions reflecting 

5 changes in the management of such lands. 

6 (2) Future management changes for these lands 

7 directed to the watershed recovery for the purposes 

8 of restoration of endangered fish populations may 

9 result in additional grazing restrictions. 

10 (3) Many of the ranching families who have 

11 used these lands have found themselves unable to 

12 survive economically or to recapture lost economic 

13 opportunities as a consequence of the location of 

14 their ranching operations. 

15 (b) PURPOSE.—The purpose of this title is to offer 

16 economic options for traditional users of such lands who 

17 have been adversely impacted by past changes, and will 

18 be adversely impacted by future changes, in the manage19 ment of such lands. 

20 SEC. 402. VOLUNTARY GRAZING PERMIT WAIVER PRO21 GRAM. 

22 (a) ELIGIBILITY FOR PARTICIPATION.—Only persons 

23 that held, on September 30, 2004, a valid grazing permit 

24 located in whole or in part in the Boulder-White Cloud 

25 Management Area, a wilderness area designated by title 
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1 II, the Sawtooth National Recreation Area, or the water2 shed of the East Fork Salmon River shall be eligible to 

3 participate in the voluntary grazing permit waiver pro4 gram under this title. 

5 (b) NOTICE OF PARTICIPATION.—If a person de6 scribed in subsection (a) desires to participate in the vol7 untary grazing permit waiver program under this title, the 

8 person shall notify the Federal agency from which the per9 son obtained the permit, in writing, not later than one 

10 year after the date of the enactment of this Act, of the 

11 voluntary decision of the person to participate in the pro12 gram in exchange for compensation under section 403. 

13 Nothing in this subsection prevents a person described in 

14 subsection (a) from waiving, at any time, a grazing permit 

15 without compensation. 

16 (c) WAIVER.—In the notification submitted under 

17 subsection (b), the person shall agree to waive the valid 

18 grazing permit authorizing livestock grazing on grazing al19 lotments located in whole or in part on lands described 

20 in subsection (a). The waiver shall take effect on the date 

21 the person receives the compensation provided under sec22 tion 403, the date the person makes the waiver by dona23 tion, or the date the person receives appropriate com24 pensation from a third party, whichever occurs first. 
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1 (d) EFFECT OF PERMIT WAIVER ON RANGE DEVEL2 OPMENTS.— 

3 (1) WAIVER.—Except as provided in paragraph 

4 (2), a person who waives a permit under this section 

5 shall be deemed to have waived any claim to all 

6 range developments on the subject grazing allotment 

7 or allotments. 

8 (2) REMOVAL.—The Federal agency from which 

9 a person obtained a grazing permit may authorize 

10 the person to remove those range developments asso11 ciated with the permit that are not permanent and 

12 are easily removable, as determined by the Federal 

13 agency. The removal of the range developments shall 

14 be completed before the end of the one-year period 

15 beginning on the date the waiver of the permit takes 

16 effect under subsection (c) and shall be subject to 

17 the supervision of the Federal agency. 

18 (e) CANCELLATION.—Not later than 30 days after 

19 the waiver of a grazing permit takes effect under sub20 section (c), the Federal agency shall cancel the permitted 

21 grazing on the Federal land in the allotments covered by 

22 the notification. Upon cancellation, grazing permits shall 

23 be prohibited in the areas where permits were waived, and 

24 no future management allocations for grazing shall be per25 mitted. 
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1 (f) TREATMENT OF VACANT ALLOTMENTS.—Any va2 cant, unallocated grazing allotments in existence on lands 

3 described in subsection (a) shall not be made available to 

4 any person after the date of the enactment of this Act. 

5 SEC. 403. COMPENSATION. 

6 (a) ELIGIBILITY AND AMOUNT OF COMPENSATION.— 

7 The Federal agency may make a payment to permittees 

8 described in subsection (a) of section 402 who waive graz9 ing permits as provided in subsection (b) of such section 

10 according to a schedule of payments prepared jointly by 

11 such agencies and filed with the Committee on Resources 

12 of the House of Representatives and the Committee on 

13 Energy and Natural Resources of the Senate. The total 

14 amount available for such payments is $7,000,000. If a 

15 permittee is in arrears of Federal grazing fees, the amount 

16 of fees in arrears shall be deducted from the amount of 

17 compensation otherwise due the permittee under this sub18 section. 

19 (b) EXCEPTIONS.—Compensation shall not be pro20 vided under this section if the permittee waives the permit 

21 by donation. The amount of any compensation the per22 mittee receives from a third party for the waiver of the 

23 permit shall be deducted from the amount of compensation 

24 otherwise due the permittee under subsection (a). 
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1 (c) PROHIBITION ON USE OF FUNDS FOR ADMINIS2 TRATIVE COSTS.—None of the funds made available to 

3 provide compensation under this title may be used to cover 

4 administrative costs incurred by a Federal agency to carry 

5 out this title. 

Æ