PUBLIC LAW 109–372—NOV. 27, 2006 120 STAT. 2645

Public Law 109–372

109th Congress

An Act

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

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Idaho Land Enhancement Act’’.

SEC. 2. DEFINITIONS.

In this Act:

(1) AGREEMENT.—The term ‘‘Agreement’’ means the agreement executed in April 2005 entitled ‘‘Agreement to Initiate,

Boise Foothills—Northern Idaho Land Exchange’’, as modified

by the agreement executed in March 2006 entitled ‘‘Amendment

No. 1’’, and entered into by—

(A) the Bureau of Land Management;

(B) the Forest Service;

(C) the State; and

(D) the City.

(2) BUREAU OF LAND MANAGEMENT LAND.—The term

‘‘Bureau of Land Management land’’ means the approximately

605 acres of land administered by the Bureau of Land Management (including all appurtenances to the land) that is proposed

to be acquired by the State, as identified in exhibit A2 of

the Agreement and as generally depicted on the maps.

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

Board of Land Commissioners.

(4) CITY.—The term ‘‘City’’ means the city of Boise, Idaho.

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

Bureau of Land Management land and the National Forest

System land.

(6) MAPS.—The term ‘‘maps’’ means maps 1 through 7

entitled ‘‘Parcel Identification Map: Idaho Lands Enhancement

Act Land Exchange’’ and dated February 28, 2006.

(7) NATIONAL FOREST SYSTEM LAND.—The term ‘‘National

Forest System land’’ means the approximately 7,220 acres of

land (including all appurtenances to the land) that is—

(A) administered by the Secretary of Agriculture in

the Idaho Panhandle National Forests and the Clearwater

National Forest;

(B) proposed to be acquired by the State;

(C) identified in exhibit A2 of the Agreement; and

(D) generally depicted on the maps.

Idaho Land

Enhancement

Act.

Conservation.

Nov. 27, 2006

[S. 1131]

120 STAT. 2646 PUBLIC LAW 109–372—NOV. 27, 2006

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

of the Interior.

(9) STATE.—The term ‘‘State’’ means the State of Idaho,

Department of Lands.

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

approximately 11,815 acres of land (including all appurtenances

to the land) administered by the State that is proposed to

be acquired by the United States, as identified in exhibit A1

of the Agreement and as generally depicted on the maps.

SEC. 3. LAND EXCHANGE.

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

Act, if the State offers to convey the State land to the United

States, the Secretary and the Secretary of Agriculture shall—

(1) accept the offer; and

(2) on receipt of title to the State land, simultaneously

convey to the State the Federal land.

(b) VALID EXISTING RIGHTS.—The conveyance of the Federal

land and State land shall be subject to all valid existing rights.

(c) EQUAL VALUE EXCHANGE.—

(1) IN GENERAL.—The value of the Federal land and State

land to be exchanged under this Act—

(A) shall be equal; or

(B) shall be made equal in accordance with subsection

(d).

(2) APPRAISALS.—The value of the Federal land and State

land shall be determined in accordance with appraisals—

(A) conducted in accordance with—

(i) the Uniform Appraisal Standards for Federal

Land Acquisitions; and

(ii) the Uniform Standards of Professional

Appraisal Practice;

(B) reviewed by an interdepartmental review team

comprised of representatives of Federal and State agencies;

and

(C) approved by the Secretary or the Secretary of Agriculture, as appropriate.

(3) TERM OF APPROVAL.—The term of approval of the

appraisals by the interdepartmental review team is extended

to September 13, 2008.

(d) CASH EQUALIZATION.—

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

State land is not equal, the value may be equalized by the

payment of cash to 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.

Extension date.

PUBLIC LAW 109–372—NOV. 27, 2006 120 STAT. 2647

(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—

120 STAT. 2648 PUBLIC LAW 109–372—NOV. 27, 2006

(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

PUBLIC LAW 109–372—NOV. 27, 2006 120 STAT. 2649

LEGISLATIVE HISTORY—S. 1131:

SENATE REPORTS: No. 109–232 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 29, considered and passed Senate.

Nov. 13, considered and passed House.

Æ

of Federal roads and facilities on the State land acquired under

this Act.

Approved November 27, 2006.