I 

111TH CONGRESS 

1ST SESSION H. R. 192 

To authorize various land conveyances involving National Forest System lands 

and Bureau of Land Management lands in central Idaho to promote 

economic development and recreational activities in the area, to add 

certain National Forest System lands and Bureau of Land Management 

lands in central Idaho to the National Wilderness Preservation System, 

to provide special management requirements for certain National Forest 

System lands and Bureau of Land Management lands in central Idaho, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. SIMPSON (for himself and Mr. MINNICK) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To authorize various land conveyances involving National 

Forest System lands and Bureau of Land Management 

lands in central Idaho to promote economic development 

and recreational activities in the area, to add certain 

National Forest System lands and Bureau of Land Management lands in central Idaho to the National Wilderness Preservation System, to provide special management 

requirements for certain National Forest System lands 

and Bureau of Land Management lands in central Idaho, 

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 National Forest and Public Land Manage6 ment 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. 

TITLE I—CENTRAL IDAHO ECONOMIC DEVELOPMENT AND 

RECREATION PROMOTION 

Sec. 101. Land conveyance, designated Sawtooth National Forest and BLM 

land to Blaine County, Idaho. 

Sec. 102. Land conveyance, designated National Forest System land to City of 

Stanley, Idaho. 

Sec. 103. Land conveyance, designated BLM land to City of Clayton, Idaho. 

Sec. 104. Land conveyance, designated BLM land to City of Mackay, Idaho. 

Sec. 105. Land conveyance, designated BLM land to City of Challis, Idaho. 

Sec. 106. Land conveyance, designated BLM land to Custer County, Idaho. 

Sec. 107. Land conveyance authority, support for motorized and bicycle recreation, public land in Idaho. 

Sec. 108. Treatment of existing roads and trails. 

Sec. 109. Stanley-Redfish Lake bike and snowmobile trail and related parking 

lot. 

Sec. 110. Support for outfitter and guide activities. 

Sec. 111. Grants to support sustainable economic development and recreation. 

TITLE II—CENTRAL IDAHO WILDERNESS AREAS 

Sec. 201. Additions to National Wilderness Preservation System. 

Sec. 202. General administration of wilderness areas. 

Sec. 203. Acquisition of mineral interests and lands from willing sellers. 

Sec. 204. Adjacent management. 

Sec. 205. Water rights. 

Sec. 206. Wildlife management. 

Sec. 207. Native American cultural and religious uses. 

Sec. 208. Military overflights. 

Sec. 209. Wilderness review. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Management of non-wilderness lands in Challis and Sawtooth National Forests, Sawtooth National Recreation Area, and Challis 

Bureau Of Land Management District. 

Sec. 302. Big Wood Backcountry Trail system study and authorization. 


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Sec. 303. Support and use of Idaho Off Road Motor Vehicle Program. 

Sec. 304. Management of Railroad Ridge area, Sawtooth National Forest. 

Sec. 305. Livestock grazing. 

Sec. 306. Land acquisition authority. 

1 TITLE I—CENTRAL IDAHO ECO2 NOMIC DEVELOPMENT AND 

3 RECREATION PROMOTION 

4 SEC. 101. LAND CONVEYANCE, DESIGNATED SAWTOOTH NA5 TIONAL FOREST AND BLM LAND TO BLAINE 

6 COUNTY, IDAHO. 

7 (a) CONVEYANCE REQUIRED.—The Secretary of Ag8 riculture, acting through the Chief of the Forest Service, 

9 and the Secretary of the Interior, acting through the Di10 rector of the Bureau of Land Management, shall convey, 

11 without consideration, to Blaine County, Idaho (in this 

12 section referred to as the ‘‘County’’), all right, title, and 

13 interest of the United States in and to the parcels of Fed14 eral land in the Sawtooth National Forest and Sawtooth 

15 National Recreation Area and Bureau of Land Manage16 ment land identified for conveyance under this section on 

17 the following maps: 

18 (1) A map entitled ‘‘Blaine County Conveyance19 Smiley Creek’’ and dated October 1, 2006. 

20 (2) A map entitled ‘‘Blaine County Conveyance21 Sawtooth City Well’’ and dated October 1, 2006. 

22 (3) A map entitled ‘‘Blaine County Conveyance23 Eagle Creek’’ and dated October 1, 2006. 


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1 (4) A map entitled ‘‘Blaine County Convey2 ances, Map #1’’ and dated September 13, 2006, ex3 cept that the conveyance is limited to the parcels A, 

4 B, and C depicted on that map. 

5 (5) A map entitled ‘‘Blaine County Convey6 ances, Map #2’’ and dated April 23, 2008, except 

7 that the conveyance is limited to the parcels A, B, 

8 and C depicted on that map. 

9 (b) SURVEY.—The exact acreage and legal descrip10 tion of the land to be conveyed under subsection (a) shall 

11 be determined by a survey satisfactory to the Secretary 

12 concerned. The cost of the survey shall be borne by the 

13 Secretary concerned. 

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

16 conditions in connection with the conveyance under sub17 section (a) as the Secretary considers appropriate to pro18 tect the interests of the United States. 

19 SEC. 102. 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 to the City of Stanley, Idaho (in this section 

25 referred to as the ‘‘City’’), all right, title, and interest of 


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1 the United States in and to National Forest System land 

2 consisting of a parcel containing a total of approximately 

3 68 acres, including roads and improvements, adjoining the 

4 northeastern boundary of the City, respectively, and iden5 tified as Parcel C on the map entitled ‘‘Custer County and 

6 City of Stanley Conveyances’’ and dated October 1, 2006. 

7 (b) AUTHORIZED USES.—Parcel C may be used— 

8 (1) to provide housing for persons working 

9 within the Sawtooth National Recreation Area and 

10 public employees; and 

11 (2) for other public purposes, including use as 

12 the site for a park, cemetery, community center, or 

13 educational facility 

14 (c) SURVEY AND LEGAL DESCRIPTION.—The exact 

15 acreage and legal description of the land to be conveyed 

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of the survey shall be 

18 borne by the Secretary. The legal description shall be pre19 pared as soon as practicable after the date of the enact20 ment of this Act. 

21 (d) CONSERVATION EASEMENT AND RIGHTS-OF22 WAY.—In making the conveyance under subsection (a), 

23 the Secretary shall reserve to the United States a con24 servation easement and rights-of-way for the parcel of 


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1 land identified as Parcel C on the map referred to in sub2 section (a). 

3 (e) ENFORCEMENT.—The Secretary of Agriculture 

4 shall have the authority to enforce the terms and condi5 tions set forth in the conservation easements reserved 

6 under subsection (d) and to ensure that public access is 

7 maintained on the rights-of-way reserved under such sub8 section. This authority is in addition to such other enforce9 ment authority as may be provided in the conservation 

10 easements and rights-of-way. 

11 (f) REVERSIONARY INTEREST.—If the Secretary de12 termines at any time that the City or any subsequent 

13 owner of any portion of land conveyed under subsection 

14 (a) is acting in violation of the conditions set forth in the 

15 applicable conservation easement or rights-of-way reserved 

16 under subsection (d) and has failed to restore the property 

17 so as to comply with such conditions within a reasonable 

18 time, all right, title, and interest in and to the portion 

19 of the land on which the violation occurred, including any 

20 improvements thereon, shall revert to the United States. 

21 Any determination of the Secretary under this subsection 

22 shall be made on the record after an opportunity for a 

23 hearing. 

24 (g) ADDITIONAL TERM AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions 


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

2 the Secretary considers appropriate to protect the inter3 ests of the United States. 

4 SEC. 103. LAND CONVEYANCE, DESIGNATED BLM LAND TO 

5 CITY OF CLAYTON, IDAHO. 

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

7 Interior, acting through the Director of the Bureau of 

8 Land Management, shall convey, without consideration, to 

9 the City of Clayton, Idaho (in this section referred to as 

10 the ‘‘City’’), all right, title, and interest of the United 

11 States in and to parcels of Bureau of Land Management 

12 land, including roads thereon, identified as parcels A, B, 

13 C, and D on the map entitled ‘‘City of Clayton Convey14 ances’’ and dated September 13, 2006. 

15 (b) AUTHORIZED USES.—The land to be conveyed 

16 under subsection (a) may be used only for public purposes. 

17 (c) SURVEY.—The exact acreage and legal descrip18 tion of the land to be conveyed under subsection (a) shall 

19 be determined by a survey satisfactory to the Secretary. 

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

21 (d) ROAD ACCESS.—In making the conveyance under 

22 subsection (a) to the City, the Secretary shall include a 

23 deed restriction requiring that the roads referred to in 

24 such subsection shall remain open to the public to provide 

25 access to adjacent Federal land and private property. 


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1 (e) RIGHT-OF-WAY.—The Secretary shall grant, 

2 without consideration, to the City a 25-foot right-of-way 

3 connecting parcels C and D referred to in subsection (a) 

4 and crossing the Salmon River for purposes related to par5 cel D. 

6 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions 

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

9 the Secretary considers appropriate to protect the inter10 ests of the United States. 

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

12 CITY OF MACKAY, IDAHO. 

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

14 Interior, acting through the Director of the Bureau of 

15 Land Management, shall convey, without consideration, to 

16 the City of Mackay, Idaho (in this section referred to as 

17 the ‘‘City’’), all right, title, and interest of the United 

18 States in and to a parcel of Bureau of Land Management 

19 land, including roads thereon, identified as parcel D on 

20 the map entitled ‘‘Custer County and City of Mackay Con21 veyances’’ and dated September 13, 2006. 

22 (b) AUTHORIZED USES.—The land to be conveyed 

23 under subsection (a) may be used only for public purposes. 

24 (c) 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 (d) ROAD ACCESS.—In making the conveyance under 

4 subsection (a) to the City, the Secretary shall include a 

5 deed restriction requiring that the roads referred to in 

6 such subsection shall remain open to the public to provide 

7 access to adjacent Federal land and private property. 

8 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

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

11 the Secretary considers appropriate to protect the inter12 ests of the United States. 

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

14 CITY OF CHALLIS, IDAHO. 

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

16 Interior, acting through the Director of the Bureau of 

17 Land Management, shall convey, without consideration, to 

18 the City of Challis, Idaho (in this section referred to as 

19 the ‘‘City’’), all right, title, and interest of the United 

20 States in and to parcels of Bureau of Land Management 

21 land, including roads thereon, identified as parcels B and 

22 E on the map entitled ‘‘Custer County and City of Challis 

23 Conveyances’’ and dated September 13, 2006. 

24 (b) AUTHORIZED USES.—The land to be conveyed 

25 under subsection (a) may be used only for public purposes. 


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1 (c) SURVEY.—The exact acreage and legal descrip2 tion of the land to be conveyed under subsection (a) shall 

3 be determined by a survey satisfactory to the Secretary. 

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

5 (d) ROAD ACCESS.—In making the conveyance under 

6 subsection (a) to the City, the Secretary shall include a 

7 deed restriction requiring that the roads referred to in 

8 such subsection shall remain open to the public to provide 

9 access to adjacent Federal land and private property. 

10 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions 

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

13 the Secretary considers appropriate to protect the inter14 ests of the United States. 

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

16 CUSTER COUNTY, IDAHO. 

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

18 Interior, acting through the Director of the Bureau of 

19 Land Management, shall convey, without consideration, to 

20 the Custer County, Idaho (in this section referred to as 

21 the ‘‘County’’), all right, title, and interest of the United 

22 States in and to parcels of Bureau of Land Management 

23 land, including roads thereon, identified as follows: 


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1 (1) Parcels A, C, D, and F on the map entitled 

2 ‘‘Custer County and City of Challis Conveyances’’ 

3 and dated September 13, 2006. 

4 (2) Parcels A, B, C, E, and F on the map enti5 tled ‘‘Custer County and City of Mackay Convey6 ances’’ and dated September 13, 2006. 

7 (b) AUTHORIZED USES.—The land to be conveyed 

8 under subsection (a) may be used only for public purposes. 

9 (c) SURVEY.—The exact acreage and legal descrip10 tion of the land to be conveyed under subsection (a) shall 

11 be determined by a survey satisfactory to the Secretary. 

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

13 (d) ROAD ACCESS.—In making the conveyance under 

14 subsection (a) to the County, the Secretary shall include 

15 a deed restriction requiring that the roads referred to in 

16 such subsection shall remain open to the public to provide 

17 access to adjacent Federal land and private property. 

18 (e) TERM AND CONDITIONS.—The Secretary may re19 quire such additional terms and conditions in connection 

20 with the conveyance under subsection (a) as the Secretary 

21 considers appropriate to protect the interests of the 

22 United States. 


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1 SEC. 107. LAND CONVEYANCE AUTHORITY, SUPPORT FOR 

2 MOTORIZED AND BICYCLE RECREATION, 

3 PUBLIC LAND IN 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 (in this sec7 tion referred to as the ‘‘State’’) all right, title, and interest 

8 of the United States in and to a parcel or parcels of Bu9 reau of Land Management land, including roads thereon, 

10 consisting of approximately 1000 acres near Boise, Idaho, 

11 and identified for conveyance under this section on the 

12 map entitled ‘‘STATE OF IDAHO—Boise Motorized 

13 Park Conveyance’’ and dated November 1, 2006, for the 

14 purpose of permitting the State to establish a motorized 

15 recreation park on the land. As a condition of the convey16 ance of the land, the State shall agree to include a begin17 ner track as part of the recreation park to be used to teach 

18 safe, responsible riding techniques and to establish areas 

19 for riders with different levels of skills. 

20 (b) RESERVATION OF PORTION FOR MOUNTAIN BIKE

21 USE.—As a condition of the conveyance of the land under 

22 subsection (a), the State shall reserve 20 acres of the con23 veyed land for the use of mountain bikes. 

24 (c) SURVEY.—The exact acreage and legal descrip25 tion of the land to be conveyed under this section 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 State. 

3 (d) ROAD ACCESS.—In making a conveyance under 

4 subsection (a) to the State, the Secretary shall include a 

5 deed restriction requiring that the roads referred to in 

6 such subsection shall remain open to the public to provide 

7 access to adjacent Federal land and private property. 

8 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec9 retary concerned may require such additional terms and 

10 conditions in connection with the conveyance under this 

11 section as the Secretary considers appropriate to protect 

12 the interests of the United States. 

13 SEC. 108. TREATMENT OF EXISTING ROADS AND TRAILS. 

14 In making the conveyances required by this title, the 

15 Secretary of Agriculture and the Secretary of the Interior 

16 shall include deed restrictions to ensure that any roads 

17 and trails located on the conveyed land remain open to 

18 public use notwithstanding any subsequent conveyance of 

19 the land by the recipient of the land. 

20 SEC. 109. STANLEY-REDFISH LAKE BIKE AND SNOWMOBILE 

21 TRAIL AND RELATED PARKING LOT. 

22 (a) DEVELOPMENT OF TRAIL.—The Secretary of Ag23 riculture shall design, construct, and maintain a hardened 

24 surface trail between the City of Stanley, Idaho, and 

25 Redfish Lake that is designated for use— 


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1 (1) by pedestrians and non-motorized vehicles 

2 generally; and 

3 (2) as a snowmobile route when there is ade4 quate snow cover. 

5 (b) ACQUISITION FROM WILLING SELLERS.—Any 

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

7 for construction of the paved trail required by subsection 

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

9 willing sellers. 

10 (c) ASSISTANCE FOR CONSTRUCTION OF PARKING

11 LOT.—The Secretary may make a grant to the City of 

12 Stanley, Idaho, to assist the City in constructing a parking 

13 lot on City property at the north end of the trail required 

14 by subsection (a) for use for snowmobile and general park15 ing and for other purposes related to the trail. 

16 (d) ASSISTANCE FOR CONSTRUCTION OF COMMUNITY

17 AMPHITHEATER.—The Secretary may make a grant to 

18 the City of Stanley, Idaho to assist the City in con19 structing a community amphitheater. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There is authorized to be 

22 appropriated to the Secretary— 

23 (A) $400,000 for the design, construction, 

24 and maintenance of the trail required by subVerDate Nov 24 2008 23:33 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H192.IH H192

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1 section (a) and for land acquisition associated 

2 with the construction of the trail; 

3 (B) $100,000 for the grant under sub4 section (c); and 

5 (C) $200,000 for the grant under sub6 section (d). 

7 (2) AVAILABILITY.—Amounts appropriated pur8 suant to the authorization of appropriations con9 tained in paragraph (1) shall remain available until 

10 expended. 

11 SEC. 110. SUPPORT FOR OUTFITTER AND GUIDE ACTIVI12 TIES. 

13 (a) EXISTING OPERATING PERMITS.— 

14 (1) EXTENSION.—Before the end of the one15 year period beginning on the date of the enactment 

16 of this Act, the Secretary of Agriculture and the 

17 Secretary of the Interior shall grant a 10-year exten18 sion for each guide or outfitter operating permit in 

19 effect as of the date of the enactment of this Act 

20 that authorizes activities on lands included in a wil21 derness area designated by title II or covered by sec22 tion 301. The Secretary concerned may require the 

23 modification of the extended permit as necessary to 

24 comply with the requirements of this Act. 


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1 (2) EXCEPTION.—The Secretary of Agriculture 

2 or the Secretary of the Interior may refuse to grant 

3 the extension of a permit under paragraph (1) only 

4 if the Secretary concerned determines that the per5 mittee has not operated in a satisfactory manner in 

6 compliance with the terms and conditions of the per7 mit. 

8 (b) FUTURE OUTFITTER AND GUIDE ACTIVITIES.— 

9 Future extensions of outfitter and guide activities and per10 mits for outfitters on lands included in a wilderness area 

11 designated by title II or lands provided for in title III shall 

12 be administered in accordance with applicable Federal 

13 laws and resource management plans. No person shall 

14 conduct outfitter and guide activities on such Federal land 

15 except as authorized by the Secretary concerned. 

16 SEC. 111. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC 

17 DEVELOPMENT AND RECREATION. 

18 (a) GRANT TO CUSTER COUNTY, IDAHO.— 

19 (1) GRANT REQUIRED.—The Secretary of Agri20 culture shall make a grant of $3,000,000 to Custer 

21 County, Idaho, for the purpose of assisting the 

22 County in supporting sustainable economic develop23 ment or for other purposes in the County. 

24 (2) OFFSET.— 


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1 (A) ESTIMATED PAYMENTS; INTEREST ON

2 AMOUNT OF UNDERPAYMENT.—Section 111(j) 

3 of the Federal Oil and Gas Royalty Manage4 ment Act of 1982 (30 U.S.C. 1721(j)) is 

5 amended by striking ‘‘If the estimated payment 

6 exceeds the actual royalties due, interest is 

7 owed on the overpayment.’’. 

8 (B) OVERPAYMENTS.—Section 111 of the 

9 Federal Oil and Gas Royalty Management Act 

10 of 1982 (30 U.S.C. 1721) is amended by strik11 ing subsections (h) and (i). 

12 (C) EFFECTIVE DATE.—The amendments 

13 made by this paragraph shall take effect one 

14 year after the date of enactment of this Act. 

15 (b) ADDITIONAL GRANT TO CUSTER COUNTY, 

16 IDAHO.—In addition to the grant required by subsection 

17 (a), the Secretary of Agriculture and the Secretary of En18 ergy may make grants to Custer County, Idaho, for the 

19 purpose of assisting the County in supporting sustainable 

20 economic development or for other purposes in the County. 

21 (c) GRANT TO STATE OF IDAHO.—The Secretary of 

22 Agriculture may make a grant to the State of Idaho Parks 

23 and Recreation Department for the purpose of assisting 

24 the State in acquiring and developing Bayhorse Camp25 ground for use as a State park. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of Agri3 culture— 

4 (1) $5,100,000 to make grants under sub5 section (b); and 

6 (2) $500,000 to make the grant under sub7 section (c). 

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) HEMINGWAY-BOULDERS WILDERNESS.— 

17 Certain Federal land in the Sawtooth and Challis 

18 National Forests, comprising approximately 110,438 

19 acres, as generally depicted on the map entitled 

20 ‘‘Hemingway-Boulders Proposed Wilderness’’ and 

21 dated October 20, 2008, which shall be known as 

22 the ‘‘Hemingway-Boulders Wilderness’’. 

23 (2) WHITE CLOUDS WILDERNESS.—Certain 

24 Federal land in the Sawtooth and Challis National 

25 Forests, comprising approximately 76,657 acres, as 


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1 generally depicted on the map entitled ‘‘White 

2 Clouds Proposed Wilderness’’ and dated October 20, 

3 2008, which shall be known as the ‘‘White Clouds 

4 Wilderness’’. 

5 (3) JERRY PEAK WILDERNESS.—Certain Fed6 eral land in the Challis National Forest and Challis 

7 District of the Bureau of Land Management, com8 prising approximately 131,670 acres, as generally 

9 depicted on the map entitled ‘‘Jerry Peak Wilder10 ness’’ and dated August 30, 2006, which shall be 

11 known as the ‘‘Jerry Peak Wilderness’’. In the case 

12 of the Bureau of Land Management land designated 

13 as wilderness by this paragraph, the land is included 

14 in the National Landscape Conservation System. 

15 (b) MAPS AND LEGAL DESCRIPTION.— 

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

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

18 Agriculture, in the case of the wilderness areas des19 ignated by paragraphs (1) and (2) of subsection (a) 

20 and the National Forest System land designated as 

21 wilderness by paragraph (3) of such subsection, and 

22 the Secretary of the Interior, in the case of the Bu23 reau of Land Management land designated as wil24 derness by paragraph (3) of such subsection, in this 

25 title referred to as the ‘‘Secretary concerned’’, shall 


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1 file a map and legal description of the wilderness 

2 areas designated by such subsection with the Com3 mittee on Resources of the House of Representatives 

4 and the Committee on Energy and Natural Re5 sources of the Senate. 

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

7 shall have the same force and effect as if included 

8 in this title, except that the Secretary concerned 

9 may correct clerical and typographical errors in the 

10 map or legal description. 

11 (3) AVAILABILITY.—Each map and legal de12 scription shall be on file and available for public in13 spection in the appropriate offices of the Bureau of 

14 Land Management or the Forest Service. 

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

16 the wilderness areas designated in subsection (a) are with17 drawn from all forms of entry, appropriation, and disposal 

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

19 under the mining laws, and operation of the mineral leas20 ing, mineral materials, and geothermal leasing laws. 

21 SEC. 202. GENERAL ADMINISTRATION OF WILDERNESS 

22 AREAS. 

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

24 valid existing rights, the wilderness areas designated by 

25 section 201 shall be managed by the Secretary concerned 


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

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

3 any reference in the Wilderness Act to the effective date 

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

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

6 in the Wilderness Act to the Secretary of Agriculture shall 

7 be deemed to be a reference to the Secretary concerned. 

8 (b) CONSISTENT INTERPRETATION TO THE PUB9 LIC.—Although the wilderness areas designated by section 

10 201 consist of National Forest System land under the ju11 risdiction of the Secretary of Agriculture and public land 

12 under the jurisdiction of the Secretary of the Interior, the 

13 Secretary of Agriculture and the Secretary of the Interior 

14 shall collaborate to assure that the wilderness areas are 

15 interpreted to the public as an overall complex tied to16 gether by common location in the Boulder-White Cloud 

17 Mountains and common identity with the natural and cul18 tural history of the State of Idaho and its Native Amer19 ican and pioneer heritage. 

20 (c) COMPREHENSIVE WILDERNESS MANAGEMENT

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

22 enactment of this Act, the Secretary of Agriculture and 

23 Secretary of the Interior shall collaborate to develop a 

24 comprehensive wilderness management plan for the wil25 derness areas designated by section 201. The completed 


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1 management plan shall be submitted to the Committee on 

2 Resources of the House of Representatives and the Com3 mittee on Energy and Natural Resources of the Senate. 

4 (d) FIRE, INSECTS, AND DISEASES.—Within the wil5 derness area designated by section 201, the Secretary con6 cerned may take such measures as the Secretary con7 cerned determines to be necessary for the control of fire, 

8 insects, and diseases in accordance with— 

9 (1) section 4(d)(1) of the Wilderness Act (16 

10 U.S.C. 1133(d)(1)); and 

11 (2) House Report No. 98–40 of the 98th Con12 gress. 

13 (e) WILDERNESS TRAILS AND TRAILHEADS.— 

14 (1) CONSTRUCTION OF NEW TRAILHEAD.—The 

15 Secretary concerned shall construct a new trailhead 

16 for nonmotorized users and improve access to the 

17 Big Boulder Trailhead to separate motorized users 

18 from nonmotorized users. 

19 (2) INCLUSION OF ACCESSIBLE TRAIL.—The 

20 Secretary concerned shall upgrade the first mile of 

21 the Murdock Creek Trail in the Hemingway-Boul22 ders wilderness area designated by section 201 to a 

23 primitive, non-paved, and wheelchair accessible 

24 standard. 


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1 (f) TREATMENT OF EXISTING CLAIMS AND PRIVATE

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

3 rights or interests in real property, patented mining 

4 claims, or valid claims or prevent reasonable access to pri5 vate property or for the development and use of valid min6 eral rights. The Secretary concerned may enter into nego7 tiations with the holder of a patented claim or valid claim 

8 located in a wilderness area designated by section 201 for 

9 the voluntary relinquishment of the claim. 

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

11 area designated by section 201, where established before 

12 the date of the enactment of this Act, shall be adminis13 tered in accordance with the provisions of section 4(d)(4) 

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

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

16 101–628, and in accordance with the guidelines set forth 

17 in Appendix A of House Report 96–617 of the 96th Con18 gress and House Report 101–405 of the 101st Congress. 

19 (h) OUTFITTING AND GUIDE ACTIVITIES.—Con20 sistent with section 4(d)(5) of the Wilderness Act (16 

21 U.S.C. 1133(d)(4)), commercial services (including au22 thorized outfitting and guide activities) are authorized in 

23 wilderness areas designated by section 201 to the extent 

24 necessary for activities that fulfill the recreational or other 

25 wilderness purposes of the areas. 


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1 SEC. 203. ACQUISITION OF MINERAL INTERESTS AND 

2 LANDS FROM WILLING SELLERS. 

3 (a) ACQUISITION.—Within the boundaries of the wil4 derness areas designated by section 201, the Secretary 

5 concerned may acquire, through purchase from willing 

6 sellers or donation from willing owners, all right, title, and 

7 interest in all mineral interests, claims, and parcels of land 

8 that have been patented on or before January 1, 2002 

9 under the Act of May 10, 1872 (30 U.S.C. 22 et seq.; 

10 commonly known as the Mining Act of 1872). 

11 (b) CONSIDERATION.—In exercising the authority 

12 provided by subsection (a) to acquire lands and interests, 

13 the Secretary concerned may offer the owners of record 

14 of each patent, who voluntarily wish to sell up to $20,000 

15 as compensation for the acquisition of these interests. 

16 (c) INCORPORATION IN WILDERNESS AREA.—Any 

17 land or interest in land located inside the boundaries of 

18 a wilderness area designated by section 201 that is ac19 quired by the United States after the date of the enact20 ment of this Act shall be added to and administered as 

21 part of that wilderness area. 

22 SEC. 204. ADJACENT MANAGEMENT. 

23 (a) NO PROTECTIVE PERIMETERS OR BUFFER

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

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


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1 of protective perimeters or buffer zones around any such 

2 wilderness area. 

3 (b) NONWILDERNESS ACTIVITIES.—The fact that 

4 nonwilderness activities or uses outside of a wilderness 

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

6 inside of the wilderness area shall not preclude the conduct 

7 of those activities or uses outside the boundaries of the 

8 wilderness area. 

9 SEC. 205. WATER RIGHTS. 

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

11 (1) The lands designated as wilderness areas by 

12 section 201 are located at the headwaters of the 

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

14 actual or proposed water resource facilities located 

15 upstream from such lands and few, if any, opportu16 nities for diversion, storage, or other uses of water 

17 occurring outside such lands that would adversely 

18 affect the wilderness values of such lands. 

19 (2) The lands designated as wilderness areas by 

20 section 201 are not suitable for use for development 

21 of new water resource facilities or for the expansion 

22 of existing facilities. 

23 (3) Therefore, it is possible to provide for prop24 er management and protection of the wilderness 

25 value of the lands designated as wilderness areas by 


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1 section 201 in ways different from the ways utilized 

2 in other laws designating wilderness areas. 

3 (b) PURPOSE.—The purpose of this section is to pro4 tect the wilderness values of the lands designated as wil5 derness areas by section 201 by means other than a feder6 ally reserved water right. 

7 (c) STATUTORY CONSTRUCTION.—Nothing in this 

8 title— 

9 (1) shall constitute, or be construed to con10 stitute, either an express or implied reservation by 

11 the United States of any water or water rights with 

12 respect to the wilderness areas designated by section 

13 201; 

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

15 Idaho existing on the date of the enactment of this 

16 Act, including any water rights held by the United 

17 States; 

18 (3) shall be construed as establishing a prece19 dent with regard to any future wilderness designa20 tions; 

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

22 modifying, or amending any of the interstate com23 pacts or equitable apportionment decrees that appor24 tion water among and between the State of Idaho 

25 and other States; and 


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

2 modifying, or amending provisions of Public Law 

3 92–400, which established the Sawtooth National 

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

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

6 shall follow the procedural and substantive requirements 

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

8 any water rights, not in existence on the date of the enact9 ment of this Act, with respect to the wilderness areas des10 ignated by section 201. 

11 (e) NEW PROJECTS.— 

12 (1) PROHIBITION.—Except as otherwise pro13 vided in this Act, on and after the date of the enact14 ment of this Act, neither the President nor any 

15 other officer, employee, or agent of the United 

16 States shall fund, assist, authorize, or issue a license 

17 or permit for the development of any new water re18 source facility inside any of the wilderness areas des19 ignated by section 201. 

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

21 ‘‘water resource facility’’ means irrigation and 

22 pumping facilities, reservoirs, water conservation 

23 works, aqueducts, canals, ditches, pipelines, wells, 

24 hydropower projects, and transmission and other anVerDate Nov 24 2008 23:33 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H192.IH H192

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1 cillary facilities, and other water diversion, storage, 

2 and carriage structures. 

3 SEC. 206. WILDLIFE MANAGEMENT. 

4 (a) STATE JURISDICTION.—In accordance with sec5 tion 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

6 nothing in this title affects or diminishes the jurisdiction 

7 of the State of Idaho with respect to fish and wildlife man8 agement, including the regulation of hunting, fishing, and 

9 trapping, in the wilderness areas designated by section 

10 201. 

11 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

12 the purposes and principles of the Wilderness Act, man13 agement activities to maintain or restore fish and wildlife 

14 populations and the habitats to support such populations 

15 may be carried out within wilderness areas designated by 

16 section 201 where consistent with relevant wilderness 

17 management plans, in accordance with appropriate poli18 cies such as those set forth in Appendix B of House Re19 port 101–405 of the 101st Congress, including the occa20 sional and temporary use of motorized vehicles, if such 

21 use, as determined by the Secretary concerned would pro22 mote healthy, viable, and more naturally distributed wild23 life populations that would enhance wilderness values and 

24 accomplish those purposes using the minimum tool nec25 essary to reasonably accomplish the task. 


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

2 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and 

3 in accordance with appropriate policies such as those set 

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

5 101st Congress, the State of Idaho may continue to use 

6 aircraft, including helicopters, to survey, capture, trans7 plant, monitor, and manage elk, deer, bighorn sheep, 

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

9 and fish. 

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

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

12 applicable State and Federal laws and regulations, in the 

13 wilderness areas designated by section 201. The Secretary 

14 concerned may designate, by regulation in consultation 

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

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

17 reasons of public safety, administration, or compliance 

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

19 be permitted in the wilderness areas. 

20 SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

21 USES. 

22 Nothing in this title shall be construed to diminish 

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

24 be construed to diminish tribal rights regarding access to 


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1 Federal lands for tribal activities, including spiritual, cul2 tural, and traditional food-gathering activities. 

3 SEC. 208. MILITARY OVERFLIGHTS. 

4 Nothing in this title restricts or precludes— 

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

6 the wilderness areas designated by section 201, in7 cluding military overflights that can be seen or 

8 heard within the wilderness areas; 

9 (2) flight testing and evaluation; or 

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

11 special use airspace, or the establishment of military 

12 flight training routes, over the wilderness areas. 

13 SEC. 209. WILDERNESS REVIEW. 

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

15 92–400 (16 U.S.C. 460aa–4), which required a review of 

16 the undeveloped and unimproved portion or portions of the 

17 Sawtooth National Recreation Area established by that 

18 Act as to suitability or nonsuitability for preservation as 

19 part of the National Wilderness Preservation System, is 

20 repealed. 

21 (b) PUBLIC LANDS.— 

22 (1) FINDING.—Congress finds that, for the pur23 pose of section 603 of the Federal Land Policy and 

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

25 public land administered by the Bureau of Land 


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1 Management in the following areas have been ade2 quately studied for wilderness designation: 

3 (A) The Jerry Peak Wilderness Study 

4 Area. 

5 (B) The Jerry Peak West Wilderness 

6 Study Area. 

7 (C) The Corral-Horse Basin Wilderness 

8 Study Area. 

9 (D) The Boulder Creek Wilderness Study 

10 Area. 

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

12 paragraph (1) that is not designated as wilderness 

13 by this title— 

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

15 of the Federal Land Policy and Management 

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

17 (B) shall be managed in accordance with 

18 land management plans adopted under section 

19 202 of that Act (43 U.S.C. 1712). 


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1 TITLE III—GENERAL 

2 PROVISIONS 

3 SEC. 301. MANAGEMENT OF NON-WILDERNESS LANDS IN 

4 CHALLIS AND SAWTOOTH NATIONAL FOR5 ESTS, SAWTOOTH NATIONAL RECREATION 

6 AREA, AND CHALLIS BUREAU OF LAND MAN7 AGEMENT DISTRICT. 

8 (a) COVERED LANDS AND SPECIAL MANAGEMENT

9 REQUIREMENTS.—Lands in the Challis National Forest, 

10 the Sawtooth National Forest, the Sawtooth National 

11 Recreation Area, and the Challis District of the Bureau 

12 of Land Management that lie within the perimeter of the 

13 boundary shown on the map entitled ‘‘Boulder White 

14 Clouds Travel Plan’’ and dated October 20, 2008, and 

15 which are not designated as wilderness by section 201 or 

16 previous laws, shall be administered in accordance with 

17 this section and the laws and regulations generally appli18 cable to the National Forest System and the Bureau of 

19 Land Management, respectively. 

20 (b) EFFECT ON GRAZING.—Nothing in this section 

21 shall be construed to prohibit, or change the administra22 tion of, the grazing of livestock within the area described 

23 in subsection (a). 

24 (c) TRAVEL PLAN FOR BLM LANDS.— 


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1 (1) PLAN REQUIRED.—Not later than three 

2 years after the date of the enactment of this Act, the 

3 Secretary of the Interior shall develop and imple4 ment a travel plan for the lands within the Challis 

5 District of the Bureau of Land Management in6 cluded within the area described in subsection (a). 

7 (2) ELEMENTS.—The travel plan shall be devel8 oped in accordance with the laws and regulations 

9 generally applicable to the existing management plan 

10 for the Challis District of the Bureau of Land Man11 agement. Motorized and bicycle travel authorized in 

12 the travel plan shall be managed in accordance with 

13 the plan and laws and regulations generally applica14 ble to the public lands, and not as otherwise pro15 vided for in this section. The Secretary of the Inte16 rior shall include a map as part of the travel plan. 

17 (d) MOTORIZED TRAVEL.—Motorized travel shall be 

18 permitted on National Forest System lands included with19 in the area described in subsection (a) only on those estab20 lished trails, routes, and snowmobile areas in existence as 

21 of September 1, 2003, on which such travel was permitted 

22 as of such date, except that other trails and routes may 

23 be used where necessary for administrative purposes or 

24 to respond to an emergency. No later than one year after 

25 the date of enactment of this Act, the Secretary of AgriVerDate Nov 24 2008 23:33 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H192.IH H192

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1 culture shall identify such routes and trails and shall pre2 pare and make available to the public a map showing such 

3 routes and trails. Nothing in this subsection shall be con4 strued as precluding the Secretary from closing any trail 

5 or route from use for purposes of resource protection or 

6 public safety. 

7 (e) ROAD CLOSURES; WINTER EXCEPTIONS.—The 

8 following roads or trails shall be closed to motorized and 

9 mechanized trail use, except when there is adequate 

10 snowcover to permit snowmobile use: 

11 (1) Forest Service Trail 109 between the Phyl12 lis Lake turnoff to 4th of July Lake and the south 

13 side of Washington Lake. 

14 (2) Forest Service Trail 671 up Warm Springs 

15 Creek from Trail 104 to the wilderness boundary. 

16 (f) PROHIBITION ON NEW ROADS AND TRAILS; EX17 CEPTIONS.—No new roads or trails shall be established 

18 on National Forest System lands included in the area de19 scribed in subsection (a), except those which the Secretary 

20 of Agriculture shall establish as follows: 

21 (1) Roads and trails established by the Sec22 retary of Agriculture to replace roads or trails of the 

23 same character and scope which have become non24 serviceable through reasons other than nonuse. 


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1 (2) Nonpermanent roads established by the Sec2 retary of Agriculture as needed for hazardous fuels 

3 reduction or other control of fire, insect or disease 

4 control projects, or other management purposes. 

5 (3) A trail between the Phyllis Lake Road 

6 (USFS Road #053) and Phyllis Lake, which shall 

7 be primitive and non-paved, but wheelchair acces8 sible, and open only to nonmotorized travel. 

9 (4) The primitive and nonpaved, but wheelchair 

10 accessible, trail along Murdock Creek in the Hem11 ingway-Boulders wilderness area required by section 

12 202(e)(2). 

13 (5) The Big Wood Backcountry Trail System 

14 required by section 302. 

15 (g) TRAIL MAINTENANCE.— 

16 (1) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated to the Sec18 retary of Agriculture and the Secretary of the Inte19 rior $650,000 for trail construction and maintenance 

20 and for other improvements related to outfitting, 

21 guiding, hiking, and horseback use within the lands 

22 designated as wilderness in title II and Federal 

23 lands within the area described in subsection (a). 

24 Amounts appropriated pursuant to this authorizaVerDate Nov 24 2008 23:33 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H192.IH H192

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1 tion of appropriations shall remain available until 

2 expended. 

3 (2) SET-ASIDE.—Of the amounts appropriated 

4 pursuant to the authorization of appropriations in 

5 paragraph (1), $150,000 shall be available for the 

6 construction of the trails provided for in paragraphs 

7 (3) and (4) of subsection (f). 

8 (h) SPECIAL RULES FOR SPAR CANYON, HERD

9 LAKE, AND ROAD CREEK ROUTES.—Notwithstanding the 

10 status of any other road or trail under this section, motor11 ized and bicycle travel shall continue to be allowed on the 

12 Spar Canyon, Herd Lake, and Road Creek routes in the 

13 described in subsection (a). 

14 SEC. 302. BIG WOOD BACKCOUNTRY TRAIL SYSTEM STUDY 

15 AND AUTHORIZATION. 

16 (a) STUDY.—Not later than three years after funds 

17 are first made available for this purpose, the Secretary 

18 of Agriculture, in consultation with interested parties, 

19 shall complete a study of the suitability and feasibility of 

20 establishing the Big Wood Backcountry Trail system for 

21 mechanized and other nonmotorized recreation on a lower 

22 portion of the Rip and Tear Trail inside the Sawtooth Na23 tional Recreation Area, as shown on a map entitled ‘‘Ga24 lena Trails Planning Area’’. 


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1 (b) ESTABLISHMENT.—If the results of the study re2 quired by subsection (a) indicate that establishment of 

3 such trails would be suitable and feasible, the Secretary 

4 of Agriculture shall establish the trail system in a manner 

5 consistent with the purposes of section 301. 

6 SEC. 303. SUPPORT AND USE OF IDAHO OFF ROAD MOTOR 

7 VEHICLE PROGRAM. 

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

9 appropriated to the Secretary of Agriculture not more 

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

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

12 so appropriated for deposit with the Off Road Motor Vehi13 cle Program of the Idaho Department of State Parks and 

14 Recreation, which is used to support the improvement, re15 pair, maintenance, furnishing, and equipping of off-road 

16 motor vehicle facilities and sites, to groom snowmobile 

17 trails, and for enforcement activities and the rehabilitation 

18 of land damaged by off-road vehicle users. As a condition 

19 of the grant, the State must maintain the grant funds as 

20 a separate account of the Off Road Motor Vehicle Pro21 gram and may not use the funds except as provided by 

22 this section. 

23 (b) USE OF GRANT FUNDS.—If the Secretary of Ag24 riculture determines that additional funds are required to 

25 carry out the activities described in subsection (a) in the 


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1 perimeter of the area described in section 301(a), the Sec2 retary may apply for funds from the Off Road Motor Vehi3 cle Program. Funds received under this subsection shall 

4 be used only in the Challis National Forest, the Sawtooth 

5 National Forest, the Sawtooth National Recreation Area, 

6 or the Challis District of the Bureau of Land Management 

7 or in connection with the Boise motorized recreation park 

8 authorized by section 107. 

9 (c) CONSULTATION AND RECOMMENDATIONS.—Be10 fore funds are provided under subsection (b), the Off Road 

11 Motor Vehicle Program shall consider any recommenda12 tions regarding the use of the funds made by the advisory 

13 committee established as part of the program as well as 

14 public comments. 

15 (d) RELATION TO OTHER LAWS.—Any action under16 taken using funds obtained under subsection (b) shall con17 form to the applicable travel plan of the Challis National 

18 Forest, the Sawtooth National Forest, the Sawtooth Na19 tional Recreation Area, or the Challis District of the Bu20 reau of Land Management. 

21 SEC. 304. MANAGEMENT OF RAILROAD RIDGE AREA, SAW22 TOOTH NATIONAL FOREST. 

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


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1 (1) The Railroad Ridge area of the Sawtooth 

2 National Forest is host to several extremely rare and 

3 sensitive plant species. 

4 (2) The area supports some of the most unique 

5 and well-developed alpine plant communities in 

6 Idaho, and is more botanically diverse than most al7 pine communities in North America. 

8 (3) The area is currently closed to off road 

9 cross-country motorized travel. 

10 (b) ENHANCED AWARENESS AND CONSERVATION.— 

11 There is authorized to be appropriated to the Secretary 

12 of Agriculture $50,000 for the development of educational 

13 materials and signage to raise the awareness of users of 

14 the Railroad Ridge area of the uniqueness of the area and 

15 to promote the conservation of the area. 

16 SEC. 305. LIVESTOCK GRAZING. 

17 (a) CONTINUATION OF GRAZING.—With respect to 

18 the lands designated as wilderness in section 201 or in19 cluded in the area described in section 301(a), the grazing 

20 of livestock in areas in which grazing is established as of 

21 the date of enactment of this Act shall be allowed to con22 tinue, subject to such reasonable regulations, policies, and 

23 practices as the Secretary of Agriculture or the Secretary 

24 of the Interior, as the case may be, considers necessary. 

25 Grazing of livestock in wilderness shall be consistent with 


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

2 1133(d)(4)) and the guidelines described in Appendix A 

3 of House Report 101–405. 

4 (b) INVENTORY.—Not later than one year after the 

5 date of enactment of this Act, the Secretary of Agriculture 

6 and the Secretary of the Interior shall conduct an inven7 tory of existing facilities and improvements associated 

8 with grazing activities on the lands designated as wilder9 ness in section 201 or included in the area described in 

10 section 301(a). 

11 (c) FENCING.—The Secretary of Agriculture or the 

12 Secretary of the Interior may construct and maintain fenc13 ing around wilderness areas designated by section 201 and 

14 under the jurisdiction of that Secretary as the Secretary 

15 determines to be appropriate to enhance wilderness values. 

16 (d) DONATION OF GRAZING PERMITS OR LEASES.— 

17 (1) ACCEPTANCE BY SECRETARY.—The Sec18 retary of Agriculture or the Secretary of the Interior 

19 shall accept the donation of any valid existing per20 mits or leases authorizing grazing on public land, all 

21 or a portion of which is within a wilderness area des22 ignated by section 201 or in the area described in 

23 section 301(a). 


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1 (2) TERMINATION.—With respect to each per2 mit or lease donated under paragraph (1), the Sec3 retary receiving the donation shall— 

4 (A) terminate the grazing permit or lease; 

5 and 

6 (B) except as provided in paragraph (3), 

7 ensure a permanent end to grazing on the land 

8 covered by the permit or lease. 

9 (3) COMMON ALLOTMENTS.— 

10 (A) IN GENERAL.—If the land covered by 

11 a permit or lease donated under paragraph (1) 

12 is also covered by another valid existing permit 

13 or lease that is not donated under paragraph 

14 (1), the Secretary receiving the donation shall 

15 reduce the authorized grazing level on the land 

16 covered by the permit or lease to reflect the do17 nation of the permit or lease under paragraph 

18 (1). 

19 (B) AUTHORIZED LEVEL.—To ensure that 

20 there is a permanent reduction in the level of 

21 grazing on the land covered by a permit or 

22 lease donated under paragraph (1), the Sec23 retary of Agriculture and the Secretary of the 

24 Interior shall not allow grazing use to exceed 


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1 the authorized level established under subpara2 graph (A). 

3 (4) PARTIAL DONATION.— 

4 (A) IN GENERAL.—If a person holding a 

5 valid grazing permit or lease donates less than 

6 the full amount of grazing use authorized under 

7 the permit or lease, the Secretary receiving the 

8 donation shall— 

9 (i) reduce the authorized grazing level 

10 to reflect the donation; and 

11 (ii) modify the permit or lease to re12 flect the revised level of use. 

13 (B) AUTHORIZED LEVEL.—To ensure that 

14 there is a permanent reduction in the author15 ized level of grazing on the land covered by a 

16 permit or lease donated under subparagraph 

17 (A), the Secretary of Agriculture and the Sec18 retary of the Interior shall not allow grazing 

19 use to exceed the authorized level established 

20 under that subparagraph. 

21 SEC. 306. LAND ACQUISITION AUTHORITY. 

22 (a) LAND ACQUISITION.—The Secretary of Agri23 culture and the Secretary of the Interior may acquire, by 

24 donation or purchase from willing sellers, lands and inter25 ests in lands— 


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1 (1) located inside the boundaries of the area de2 scribed in section 301(a); or 

3 (2) located adjacent to the area to provide ease4 ments for additional public access to the area. 

5 (b) LIMITATION ON USE OF CONDEMNATION.—No 

6 lands or interests in lands may be acquired by condemna7 tion for inclusion in the area or to provide access to the 

8 area, except as provided for by Public Law 92–400 (16 

9 U.S.C. 460aa et seq.) and regulations, in effect as of the 

10 date of the enactment of this Act, for the use of private 

11 land in the Sawtooth National Recreation Area (sections 

12 36 292.14–292.16 of title 36, Code of Federal Regula13 tions). 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

16 to carry out this section. Amounts appropriated pursuant 

17 to this authorization of appropriations shall remain avail18 able until expended. 

Æ 


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