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109TH CONGRESS 

1ST SESSION H. R. 2718 

To authorize the exchange of certain Federal land within the State of Idaho, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005 

Mr. OTTER introduced the following bill; which was referred to the Committee 

on Resources 

A BILL 

To authorize the exchange of certain Federal land within 

the State of Idaho, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Idaho Land Enhance5 ment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGREEMENT.—The term ‘‘Agreement’’ 

9 means the agreement executed in 2005, entitled 
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1 ‘‘Agreement to Initiate, Boise Foothills—Northern 

2 Idaho Land Exchange’’, and entered into by— 

3 (A) the Bureau of Land Management; 

4 (B) the Forest Service; 

5 (C) the State; and 

6 (D) the City. 

7 (2) BUREAU OF LAND MANAGEMENT LAND.— 

8 The term ‘‘Bureau of Land Management land’’ 

9 means the approximately 605 acres of land adminis10 tered by the Bureau of Land Management (includ11 ing all appurtenances to the land) that is proposed 

12 to be acquired by the State, as depicted in exhibit 

13 A2 of the Agreement. 

14 (3) BOARD.—The term ‘‘Board’’ means the 

15 Idaho State Board of Land Commissioners. 

16 (4) CITY.—The term ‘‘city’’ means the city of 

17 Boise, Idaho. 

18 (5) FEDERAL LAND.—The term ‘‘Federal land’’ 

19 means the Bureau of Land Management land and 

20 the National Forest System land. 

21 (6) NATIONAL FOREST SYSTEM LAND.—The 

22 term ‘‘National Forest System land’’ means the ap23 proximately 7,220 acres of land (including all appur24 tenances to the land) that is— 
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1 (A) administered by the Secretary of Agri2 culture in the Idaho Panhandle National For3 ests and the Clearwater National Forest; 

4 (B) proposed to be acquired by the State; 

5 and 

6 (C) depicted in exhibit A2 of the Agree7 ment. 

8 (7) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (8) STATE.—The term ‘‘State’’ means the State 

11 of Idaho, Department of Lands. 

12 (9) STATE LAND.—The term ‘‘State land’’ 

13 means the approximately 11,085 acres of land (in14 cluding all appurtenances to the land) administered 

15 by the State that are proposed to be acquired by the 

16 United States, as depicted in exhibit A1 of the 

17 Agreement. 

18 SEC. 3. LAND EXCHANGE. 

19 (a) IN GENERAL.—In accordance with the Agreement 

20 and this Act, if the State offers to convey the State land 

21 to the United States, the Secretary and the Secretary of 

22 Agriculture shall— 

23 (1) accept the offer; and 

24 (2) on receipt of title to the State land, simulta25 neously convey to the State the Federal land. 
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1 (b) ADDITIONAL AGREEMENTS.—The Secretary and 

2 the Secretary of Agriculture may enter into any additional 

3 agreements that the Secretary and the Secretary of Agri4 culture determine to be necessary or appropriate to sup5 plement the Agreement, including agreements that— 

6 (1) provide legal descriptions of the Federal 

7 land and State land (including any interests in the 

8 Federal land and State land) to be exchanged under 

9 this Act; 

10 (2) identify all reserved and outstanding inter11 ests in the Federal land and State land; 

12 (3) stipulate any cash equalization payments re13 quired; and 

14 (4) specify any other terms and conditions that 

15 are necessary to complete the land exchange. 

16 (c) VALID EXISTING RIGHTS.—The conveyance of 

17 the Federal land and State land shall be subject to— 

18 (1) all valid existing rights; and 

19 (2) any other reservations, terms, and condi20 tions agreed to by the Secretary, the Secretary of 

21 Agriculture, and the Board. 

22 (d) EQUAL VALUE EXCHANGE.— 

23 (1) IN GENERAL.—The value of the Federal 

24 land and State land to be exchanged under this 

25 Act— 
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1 (A) shall be equal; or 

2 (B) shall be made equal in accordance with 

3 subsection (e). 

4 (2) APPRAISALS.— 

5 (A) IN GENERAL.—The value of the Fed6 eral land and State land shall be determined in 

7 accordance with appraisals conducted in accord8 ance with— 

9 (i) the Uniform Appraisal Standards 

10 for Federal Land Acquisitions; and 

11 (ii) any appraisal instructions of the 

12 Secretary and the Secretary of Agriculture, 

13 (B) APPROVAL.—Any appraisal conducted 

14 under subparagraph (A) shall be reviewed and 

15 approved by— 

16 (i) the Secretary and the Secretary of 

17 Agriculture; or 

18 (ii) an interdepartmental appraisal re19 view team established jointly by the Sec20 retary and the Secretary of Agriculture. 

21 (e) CASH EQUALIZATION.— 

22 (1) IN GENERAL.—If the value of the Federal 

23 land and State land is not equal, the value may be 

24 equalized by the payment of cash to the United 

25 States or to the State, as appropriate, in accordance 
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1 with section 206(b) of the Federal Land Policy and 

2 Management Act of 1976 (43 U.S.C. 1716(b)). 

3 (2) DISPOSITION AND USE OF PROCEEDS.— 

4 (A) DISPOSITION OF PROCEEDS.—Any 

5 cash equalization payments received by the 

6 United States under paragraph (1) shall be de7 posited in the fund established under Public 

8 Law 90–171 (commonly known as the ‘‘Sisk 

9 Act’’) (16 U.S.C. 484a). 

10 (B) USE OF PROCEEDS.—Amounts depos11 ited under paragraph (2) shall be available to 

12 the Secretary of Agriculture, without further 

13 appropriation and until expended, for the acqui14 sition of land and interests in land for addition 

15 to the National Forest System in the State. 

16 (f) RIGHTS-OF-WAY.—As specified in the Agree17 ment— 

18 (1) the Secretary of Agriculture, under the au19 thority of the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1701 et seq.), shall convey 

21 to the State any easements or other rights-of-way to 

22 National Forest System land that are appropriate to 

23 provide access to the Federal land acquired by the 

24 State under this Act; and 
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1 (2) the State shall convey to the United States 

2 any easements or other rights-of-way to land owned 

3 by the State that are agreed to by the Secretary of 

4 Agriculture and the State. 

5 (g) COSTS.—The City, either directly or through a 

6 collection agreement with the Secretary and the Secretary 

7 of Agriculture, shall pay the administrative costs associ8 ated with the conveyance of the Federal land and State 

9 land, including the costs of any field inspections, environ10 mental analyses, appraisals, title examinations, and deed 

11 and patent preparations. 

12 SEC. 4. MANAGEMENT OF FEDERAL LAND. 

13 (a) TRANSFER OF ADMINISTRATIVE JURISDIC14 TION.— 

15 (1) IN GENERAL.—There is transferred from 

16 the Secretary to the Secretary of Agriculture admin17 istrative jurisdiction over the land described in para18 graph (2). 

19 (2) DESCRIPTION OF LAND.—The land referred 

20 to in paragraph (1) is the approximately 2,111 acres 

21 of Bureau of Land Management land located in Sho22 shone County, Idaho, as generally depicted in exhibit 

23 A3 of the Agreement. 

24 (3) MANAGEMENT.— 
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1 (A) IN GENERAL.—On transfer of adminis2 trative jurisdiction over the land to the Sec3 retary of Agriculture under paragraph (1), the 

4 land shall be managed by the Secretary of Agri5 culture in accordance with the laws (including 

6 regulations) applicable to the National Forest 

7 System. 

8 (B) WILDERNESS STUDY AREAS.—Any 

9 land designated as a Wilderness Study Area 

10 that is transferred to the Secretary of Agri11 culture under paragraph (1) shall be managed 

12 in a manner that preserves the suitability of 

13 land for designation as wilderness until Con14 gress determines otherwise. 

15 (b) ADDITIONS TO THE NATIONAL FOREST SYS16 TEM.—The Secretary of Agriculture shall administer any 

17 State land conveyed to the United States under this Act 

18 for administration by the Secretary of Agriculture in ac19 cordance with— 

20 (1) the Act of March 1, 1911 (commonly known 

21 as the ‘‘Weeks Act’’) (16 U.S.C. 480 et seq.); and 

22 (2) any laws (including regulations) applicable 

23 to the National Forest System. 

24 (c) LAND TO BE MANAGED BY THE SECRETARY.— 

25 The Secretary shall administer any State land conveyed 
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1 to the United States under this Act for administration by 

2 the Secretary as acquired land in accordance with— 

3 (1) the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1701 et seq.); and 

5 (2) other applicable laws. 

6 (d) LAND AND RESOURCE MANAGEMENT PLANS.— 

7 (1) IN GENERAL.—Acquisition by the United 

8 States of the State land under this Act shall not re9 quire a revision or amendment to the applicable land 

10 and resource management plan of the Forest Service 

11 or the Bureau of Land Management. 

12 (2) RENEWAL.—When a land and resource 

13 management plan of the Forest Service or the Bu14 reau of Land Management, as appropriate, is re15 newed, the plan shall take into account the State 

16 land acquired under this Act. 

17 (3) MANAGEMENT.—Pending completion of the 

18 land and resource management plan renewal process 

19 under paragraph (2), the Secretary and the Sec20 retary of Agriculture shall manage the acquired 

21 State land in accordance with the standards and 

22 guidelines in the applicable land and resource man23 agement plans for adjacent land managed by the 

24 Secretary and the Secretary of Agriculture. 
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1 (e) NATIONAL FOREST BOUNDARIES.—For purposes 

2 of section 7 of the Land and Water Conservation Fund 

3 Act of 1965 (16 U.S.C. 460l–9), the boundaries of the 

4 Idaho Panhandle National Forest and Clearwater Na5 tional Forest, as modified by the exchange authorized by 

6 this Act, shall be considered to be the boundaries of the 

7 Idaho Panhandle National Forest and Clearwater Na8 tional Forest as of January 1, 1965. 

9 SEC. 5. MISCELLANEOUS PROVISIONS. 

10 (a) LEGAL DESCRIPTIONS.—The Secretary, the Sec11 retary of Agriculture, and the Board may modify the de12 scriptions of land specified in the Agreement to— 

13 (1) correct errors; 

14 (2) make minor adjustments to the parcels 

15 based on a survey or other means; or 

16 (3) reconfigure the parcels to facilitate the land 

17 exchange. 

18 (b) MAPS.—If there is a discrepancy between a map, 

19 acreage estimate, and written legal description of the Fed20 eral land or State land, the written legal description shall 

21 prevail. 

22 (c) REVOCATION OF ORDERS.—Subject to valid exist23 ing rights, any public land orders withdrawing any of the 

24 Federal land from appropriation or disposal under the 
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1 public land laws are revoked to the extent necessary to 

2 permit disposal of the Federal land. 

3 (d) WITHDRAWALS.— 

4 (1) FEDERAL LAND.—Subject to valid existing 

5 rights, pending completion of the land exchange, the 

6 Federal land is withdrawn from— 

7 (A) all forms of location, entry, and patent 

8 under the mining and public land laws; and 

9 (B) disposition under the mineral leasing 

10 laws and the Geothermal Steam Act of 1970 

11 (30 U.S.C. 1001 et seq.). 

12 (2) STATE LAND.—Subject to valid existing 

13 rights, the land transferred to the Secretary of Agri14 culture under section 4(a) and, on acquisition by the 

15 United States, the State land, are withdrawn from— 

16 (A) all forms of location, entry, and patent 

17 under the mining and public land laws; and 

18 (B) disposition under the mineral leasing 

19 laws and the Geothermal Steam Act of 1970 

20 (30 U.S.C. 1001 et seq.). 

21 (3) EFFECT.—Nothing in this section precludes 

22 the Secretary or the Secretary of Agriculture from 

23 using common varieties of mineral materials for con24 struction and maintenance of Federal roads and fa-
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1 cilities on the State land acquired under this Act 

2 and any adjacent Federal land. 

3 (e) CONGRESSIONAL FINDING ON NEED FOR ADDI4 TIONAL ANALYSIS.—Congress finds that— 

5 (1) the Forest Service and the Bureau of Land 

6 Management have conducted adequate analyses and 

7 reviews of the environmental impacts of the ex8 change authorized under section 3(a); and 

9 (2) no further administrative or environmental 

10 analyses or examination shall be required to carry 

11 out any activities authorized under this Act. 

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