49–010 

Calendar No. 207 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–127 

SAWTOOTH NATIONAL RECREATION AREA AND JERRY 

PEAK WILDERNESS ADDITIONS ACT 

SEPTEMBER 9, 2015.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 583] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 583) to establish certain wilderness areas in 

central Idaho and to authorize various land conveyances involving 

National Forest System land and Bureau of Land Management 

land in central Idaho, and for other purposes, having considered 

the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 583 is to establish certain wilderness areas in 

central Idaho and to authorize various land conveyances involving 

National Forest System land and Bureau of Land Management 

land in central Idaho, and for other purposes. 

BACKGROUND AND NEED

The Boulder-White Clouds region of central Idaho is renowned 

for its high wild country of mountain peaks and alpine lakes. The 

region includes the Sawtooth National Recreation Area, encompassing approximately 780,000 acres within the Sawtooth and 

Salmon-Challis National Forests. The region provides world-class 

recreation opportunities for sportsmen, mountain and motor bike 

users, skiers, snowmobilers, and hikers. 

S. 583 would designate three new wilderness areas within and 

adjacent to the Sawtooth National Recreation Area, including adjacent lands managed by the Bureau of Land Management. The 

three new wilderness areas are: the 67,998-acre Hemingway-BoulVerDate Sep 11 2014 01:21 Sep 13, 2015 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR127.XXX SR127

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ders Wilderness, the 90,769-acre White Cloud Wilderness, and the 

116,898-acre Jim McClure-Jerry Peak Wilderness. These areas include spectacular views across several mountain ranges and valleys, and are popular recreational areas for hunting, fishing, hiking, and camping. These areas would be linked together by existing 

roads and trails, complementing the Sawtooth Wilderness, created 

in 1972. In addition, the bill would release four wilderness study 

areas for multiple use management: the Jerry Peak Wilderness 

Study Area, the Jerry Peak West Wilderness Study Area, the Corral-Horse Basin Wilderness Study Area, and the Boulder Creek 

Wilderness Study Area. 

S. 583 would also continue recreation opportunities and access 

for motorized and mechanized uses by excluding most areas presently open to motorized or mechanized use from the designated wilderness areas, including the popular Germania Creek and Frog 

Lake Loop trails. S. 583 would close the Ants Basin and Castle Divide trails that run through the proposed wilderness to motorized 

and mechanized use consistent with the Wilderness Act. 

Because wilderness areas may only be designated by an Act of 

Congress, legislation is necessary to designate the HemingwayBoulder Wilderness, White Cloud Wilderness, and Jim McClureJerry Peak Wilderness within and adjacent to the National Conservation Area. 

LEGISLATIVE HISTORY

S. 583 was introduced by Senator Risch on February 26, 2015. 

The Subcommittee on Public Lands, Forests, and Mining held a 

hearing on the bill on May 21, 2015. 

In the 111th Congress, Senators Crapo and Risch introduced a 

similar bill, S. 3294, on April 30, 2010. The Subcommittee on Public Lands, Forests, and Mining held a hearing on the bill on June 

16, 2010 (S. Hrg. 111–730). Representatives Simpson and Minnick 

introduced identical legislation, H.R. 5205, on May 4, 2010. 

A companion measure (H.R. 1138) was introduced in the House 

by Representative Simpson on February 26, 2015. At a business 

meeting on July 9, 2015, the House Natural Resources Committee 

reported the bill. The House of Representatives passed H.R. 1138 

on July 27, 2015. The Senate passed H.R. 1138 on August 4, 2015. 

The President signed H.R. 1138 into law on August 7, 2015. H.R. 

1138 became Public Law No. 114–46. 

At its business meeting on July 30, 2015, the Committee on Energy and Natural Resources on a voice vote ordered S. 583 favorably reported without amendment. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 30, 2015, by a majority voice vote of 

a quorum present, recommends that the Senate pass S. 583. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title. 

Section 2 contains definitions. 


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TITLE I

Section 101 designates approximately 275,665 acres as wilderness in three new wilderness areas in central Idaho: the Hemingway-Boulders Wilderness, the White Clouds Wilderness, and the 

Jim McClure-Jerry Peak Wilderness. Section 102(a) provides that 

the wilderness areas shall be administered by the Secretary of Agriculture and the Secretary of the Interior, as applicable, subject to 

valid existing rights and in accordance with the Wilderness Act. 

Section 102(b) directs the Secretary of Agriculture, the Secretary of 

the Interior, and the Bureau of Land Management to seek to ensure that the wilderness areas are interpreted as an overall complex linked by common location and identity. Section 102(c) requires the Secretaries to develop wilderness management plans collaboratively for the new areas within three years of the date of enactment. Section 102(d) clarifies that the Secretaries may take 

measures necessary for the control of fire, insects, and disease in 

accordance with the Wilderness Act. Section 102(e) allows for the 

grazing of livestock to continue within wilderness areas where 

grazing is established prior to the date of enactment of this act. 

Federal grazing permittees and lessees with grazing rights located 

within the Boulder White Clouds Grazing Area may voluntarily donate their grazing permits or leases in whole or in part to the appropriate managing agency. The Secretary concerned is directed to 

terminate the donated permit or lease and permanently reduce the 

authorized level of grazing on the land covered by the donated permanent or lease. Section 102(f) contains wilderness management 

language clarifying that outfitting and guide activities can continue 

as authorized in the Wilderness Act. Section 102(g) clarifies that 

nothing in the title affects the jurisdiction of the State of Idaho 

with respect to the management of fish and wildlife on public land 

in the State. Section 102(h) clarifies that owners of private property within the wilderness areas will be provided adequate access 

to their property. 

Section 103 denies any Federal reserved water rights with respect to the new wilderness areas and prohibits the President from 

authorizing any new water resource facilities, as defined in this 

section, within the new wilderness areas. 

Section 104 clarifies that nothing in title I restricts or precludes 

low-level military overflights, flight testing and evaluation, and the 

designation of new units of special use airspace or the establishment of military flight training routes. 

Section 105 clarifies that nothing in title I creates a protective 

buffer zone around the wilderness areas or restricts activities or 

land use outside the wilderness areas. 

Section 106 states that nothing in title I diminishes the treaty 

rights of any Indian tribe. 

Section 107 allows for the Secretaries to acquire inholdings by 

donation, exchange, or purchase from willing sellers and directs 

them to seek an exchange with the State for lands within the wilderness areas within three years. If any land or interest in land located inside the boundary of a wilderness area is acquired by the 

United States, it will become part of the wilderness area and be administered as part of it. 


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Section 108(a) repeals the portion of the Sawtooth National 

Recreation Area (NRA) establishing legislation (section 5 of Public 

Law 92–400; 16 U.S.C. 460aa–4) that requires review of undeveloped areas for suitability for inclusion in the National Wilderness 

Preservation System. The remainder of the Sawtooth NRA that is 

not designated as wilderness is released from further study and no 

longer must be managed to maintain its wilderness character. Section 108(b) releases certain public land administered by the Bureau 

of Land Management within the following wilderness study areas 

for multiple use management: Jerry Peak Wilderness Study Area, 

Jerry Peak West Wilderness Study Area, Corral-Horse Basin Wilderness Study Area, and Boulder Creek Wilderness Study Area. 

TITLE II

Section 201 contains the short title. 

Section 202 directs the Secretary of Agriculture to issue a special 

use permit or convey up to one acre of land to Blaine County for 

use as a school bus turnaround. 

Section 203 directs the Secretary of the Interior to convey to Custer County approximately 114 acres of land for use as a public park 

and campground, approximately 10 acres for use as a fire hall, and 

approximately 80 acres for use as a waste transfer site. This section also directs the Secretary of Agriculture to convey a Forest 

Service road to the City of Stanley with the condition that Custer 

County relocate a portion of the road. 

Section 204 directs the Secretary of the Interior to convey approximately 460 acres of land to the City of Challis to be used for 

public purposes consistent with the uses under the Recreation and 

Public Purposes Act. 

Section 205 directs the Secretary of the Interior to convey to the 

City of Clayton approximately 23 acres of land for use as a public 

cemetery, approximately two acres for use as a public park or other 

public purpose consistent with the uses under the Recreation and 

Public Purposes Act, approximately two acres for location of a 

water tower, approximately six acres for use as a wastewater treatment facility, and approximately two acres for use as a fire hall. 

Section 206 directs the Secretary of Agriculture to convey to the 

City of Stanley approximately four acres within the Sawtooth NRA 

but outside the area managed by the Sawtooth Interpretive and 

Historical Association under a special use permit, to be developed 

to provide workforce housing for persons employed by the city or 

its environs. Section 206(b) provides that the City may construct up 

to 20 apartments, limits the height of the units to two stories and 

requires them to blend into the terrain. Section 206(c) specifies 

that the private land use regulations of Sawtooth NRA will not 

apply to this parcel. Section 206(d) requires the Secretary to remove the existing structure located on the parcel. Section 206(e) allows the City to contract for the development and management of 

the apartments so long as the City retains ownership of the parcel 

in perpetuity. 

Section 207(a) states that the Secretary may set appropriate 

terms and conditions on the special use permits or land conveyances. Section 207(b) specifies that if any parcel of land conveyed 

under this title ceases to be used for the public purpose for which 

it was conveyed, the land may revert to the United States if the 


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Secretary determines that the reversion is in the best interest of 

the United States. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time the 

report was filed. When the report is available, the Chairman will 

request it to be printed in the Congressional Record for the advice 

of the Senate. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 583. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 583, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 583, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the U.S. Forest Service and the Bureau of Land Management at the May 21, 2015, Public Lands, Forests, and Mining Subcommittee hearing on S. 583 follows: 

STATEMENT OF TIMOTHY M. MURPHY, ACTING ASSISTANT

DIRECTOR, NATIONAL CONSERVATION LANDS & COMMUNITY PARTNERSHIPS, BUREAU OF LAND MANAGEMENT, 

DEPARTMENT OF THE INTERIOR

Thank you for the invitation to testify on S. 583, Sawtooth National Recreation Area and Jerry Peak Wilderness 

Additions Act. The Department of the Interior supports S. 

583 as it applies to lands managed by the Bureau of Land 

Management (BLM) and would like the opportunity to 

work with the sponsor and the Committee on technical 

modifications to the legislation and minor boundary modifications to improve manageability. We defer to the Department of Agriculture regarding provisions of S. 583 

which apply to National Forest System Lands. 

BACKGROUND

The Boulder-White Clouds area of central Idaho captivates the imagination with crystal lakes, high mountain 

backcountry, and abundant wildlife. Hunters, hikers, 

ranchers and other stakeholders have come together to 


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support preservation of these unique and treasured lands 

managed by the U.S. Forest Service (FS) and the BLM. 

The lands managed by the BLM in this region represent 

diverse ecosystems ranging from lower elevation sagebrush 

and grasses to lodgepole and limber pine at the higher elevations. There are large forested areas in the upper 

reaches of Bear, Mosquito, Sage, and Lake Creek drainages. The highest point is Jerry Peak at over 10,000 feet 

where there are spectacular vistas of the surrounding 

mountain ranges. Herd Lake, at over 7,000 feet, is a small 

blue gem within the steep rocky terrain. From the small 

Herd Lake campsite visitors can hike the trail along the 

creek to Herd Lake. The shores of the lake have scattered 

pines and there are wonderful opportunities to fish for 

rainbow trout. 

This varied and magnificent terrain provides habitat for 

wildlife, including deer, elk, black bear, mountain lion, bighorn sheep, and antelope. Coyotes and golden eagles are 

also common. The area is attractive to hunters and a significant portion of the yearly visitation occurs during hunting season. 

S. 583

S. 583 is the result of many years of collaborative efforts 

by the Idaho Congressional delegation. Their dedication to 

resolving public land use issues in central Idaho is commendable. Title I of the bill designates three new wilderness areas—Jim McClure-Jerry Peak Wilderness (approximately 117,000 acres), White Clouds Wilderness (approximately 91,000 acres), and Hemingway-Boulders Wilderness (approximately 68,000 acres) and contains provisions 

related to their administration. Approximately 24,000 

acres of the proposed Jerry Peak Wilderness are managed 

by the BLM, along with approximately 450 acres of the 

proposed White Clouds Wilderness. The FS manages the 

other federal lands within the proposed wilderness areas. 

The Department of the Interior supports the proposed wilderness designations on lands managed by the BLM and 

would welcome the opportunity to work with the sponsor 

and the Committee on minor boundary modifications to 

the Jerry Peak Wilderness to improve manageability. We 

would also like to recommend minor modifications to management language to be consistent with usual wilderness 

management language. Section 108 releases nearly 80,000 

acres of BLM-managed lands in four wilderness study 

areas (WSAs) from WSA restrictions. 

Livestock grazing on the public lands designated as wilderness, and in the surrounding area, is addressed in section 102(e) of the bill. The BLM supports this standard 

language on the management of livestock grazing on public lands within designated wilderness. Section 102(e) also 

establishes the ‘‘Boulder White Clouds Grazing Area’’ on 

nearly 770,000 acres of public lands administered by the 

FS and BLM—surrounding and including the three areas 

designated as wilderness. Under the provisions of this secVerDate Sep 11 2014 00:29 Sep 13, 2015 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR127.XXX SR127

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tion, ranchers with Federal grazing permits or leases within this area may choose to voluntarily donate their permits 

or leases to the Secretary of Agriculture or Interior. The 

Secretaries are required to accept these donations, and to 

permanently terminate all grazing on the land covered by 

the permit or lease. Partial donation and congruent partial 

termination of grazing is also provided for under this subsection. Grazing can be a compatible use within wilderness, and there is a long history of legislation accommodating grazing within wilderness designations. However, 

we also recognize and support the proposal by the Idaho 

delegation to allow voluntary and permanent reductions in 

grazing in these unique and environmentally sensitive 

areas. 

Title II of S. 583 provides for the conveyance, at no cost, 

of 12 small tracts of public lands to local governments for 

public purposes. The BLM generally supports the conveyances of nine individual parcels of BLM-administered 

lands to local governments, but notes that some of the parcels to be conveyed contain habitat for the Greater SageGrouse. We would like the opportunity to work with the 

sponsor on modifications to some of the conveyances to 

minimize impacts to Greater Sage-Grouse habitat. We 

defer to the FS regarding three conveyances of National 

Forest System lands. As provided in the bill, each of the 

conveyances of lands managed by the BLM would be for 

uses consistent with public purposes allowed under the 

R&PP Act, which authorizes the Secretary of the Interior 

to lease or convey public lands at nominal cost for recreational and public purposes, including parks and other 

facilities benefiting the public. In general, the BLM supports appropriate legislative conveyances if the lands are 

to be used for purposes consistent with the Recreation and 

Public Purposes (R&PP) Act, if the conveyance includes a 

reversionary clause to enforce this requirement, and if the 

benefitting local government is responsible for the administrative costs of the conveyance. 

Among the proposed conveyances of BLM-administered 

public lands are 10 acres for a fire hall, 80 acres for a 

waste transfer site to Custer County, and 23 acres to the 

city of Clayton for a cemetery. The BLM has reviewed each 

of these conveyances in the bill. We believe they are in the 

public interest, and support their no-cost conveyance for 

uses that would be allowed under the R&PP Act if the bill 

is amended to provide that the receiving parties cover the 

costs of the conveyances, including any needed surveys and 

the preparation of conveyance documents. 

CONCLUSION

Thank you for the opportunity to testify in support of S. 

583. We applaud the work of the Idaho delegation, of the 

sponsor of this bill, Senator Risch, and the vision and commitment of Congressman Mike Simpson, who has championed the effort to protect these unique landscapes in 


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Idaho for over a decade in partnership with his colleagues 

in the Senate. 

We look forward to working with Members of the Idaho 

delegation and the Committee to make further, minor 

modifications to the bill to permanently protect these important landscapes as a part of the National Wilderness 

Preservation System and to effect the land transfers directed in the bill to provide specific public benefits to local 

communities. 

STATEMENT OF LESLIE WELDON, DEPUTY CHIEF NATIONAL

FOREST SYSTEM, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman and members of the Subcommittee, thank 

you for the opportunity to present the views of the U.S. 

Department of Agriculture (USDA) regarding S. 583, the 

‘‘Sawtooth National Recreation Area and Jerry Peak Wilderness Additions Act’’. To Senator Risch and other members of the Idaho delegation, we wish to thank you for your 

work on this bill. The Department supports the bill as it 

applies to lands managed by the Forest Service. We have 

included recommendations for your consideration, and we 

have also included concerns with the Bill that we would 

like to work with the Committee and sponsor to address. 

We defer to the Department of the Interior for matters 

concerning land administered by the Bureau of Land Management. 

TITLE I—WILDERNESS DESIGNATIONS

Section 101 would add additional areas in central Idaho 

to the National Wilderness Preservation System—68,000 

acres in the Sawtooth and Challis National Forests to be 

known as the ‘‘Hemingway-Boulders Wilderness’’; 90,777 

acres in the Sawtooth and Challis National Forests to be 

known as the ‘‘White Clouds Wilderness’’; and approximately 120,148 acres in the Salmon-Challis National Forest and Challis District of the Bureau of Land Management to be known as the ‘‘Jim McClure-Jerry Peak Wilderness.’’ 

The Department supports designation of the Hemingway-Boulders, White Clouds and Jim McClure-Jerry Peak 

Wildernesses as depicted on the maps referenced in the 

Bill. Most of the National Forest System acres that would 

be designated as wilderness by the bill were recommended 

for wilderness designation in their respective forest plan. 

The National Forest System acres that would be designated as wilderness by the bill that were not recommended for wilderness in their plan are either inventoried roadless areas or their current management direction is compatible with wilderness designation. 

We recommend that language be added to the bill that 

would authorize the agency to maintain historical structures that may exist in the designated wilderness areas. 


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The agency has language that we would be happy to share 

with you. 

Section 102(e)(1) addresses livestock grazing on the 

lands designated as wilderness. The Department supports 

the language requiring the continuation of existing livestock grazing within designated wilderness in accordance 

with the 1964 Wilderness Act and House Report 96–617, 

also known as the ‘‘Congressional Grazing Guidelines.’’ We 

also support the proposal by the Idaho delegation in section 102(e)(2) to allow voluntary and permanent reductions 

in grazing in the designated areas. We would like to work 

with the sponsor and Committee on technical issues with 

the language of section 102(e)(2) regarding the donation of 

grazing permits. The Department also has minor technical 

corrections regarding references to provisions of the Wilderness Act in Section 102 of the Bill that we would be 

happy to share with the Committee. 

The Department has concerns with section 103(b). The 

President’s discretion under the Wilderness Act to review 

and approve any potential water resource facilities that is 

deemed in the national interest should not be limited. 

TITLE II—AND CONVEYANCES FOR PUBLIC PURPOSES

Section 202 requires either conveyance or issuance of a 

special use authorization of a one acre parcel to Blaine 

County, Idaho for a school bus turnaround. Recently, 

Blaine County commissioners informed the Forest Service 

that they are no longer interested in developing a turnaround at this location. We recommend removing this section. 

Section 203(d) requires the conveyance, without consideration, of the Forest Service road that passes through the 

parcel of National Forest System land, to the City of Stanley, Idaho, under section 206. The Department has concerns with conveying the road because the Forest Service 

currently manages the parcel that the road accesses. In 

addition, the Department believes the public should be appropriately compensated for its resources. 

Section 206 requires the Secretary of Agriculture to convey an approximately four-acre parcel to the City of Stanley, Idaho for workforce housing. The City of Stanley is 

iconic on the central Idaho landscape. It is also a Designated Community under the Private Land Regulation 

and intrinsic to the Sawtooth National Recreation Area. 

The Department recognizes that the need for local workforce housing is a challenging concern for the City. We 

share that concern as the lack of housing can result in unauthorized use of National Forest System lands. However, 

the Department has concerns with section 206 as currently 

drafted and would like to work with the Committee to resolve these concerns. 

The bill directs conveyance of the parcel for no consideration. Our consistently-held position is that the public 

must be compensated for its resources. Additionally, the 

bill requires removal of Forest Service improvements that 


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are currently being used at the public’s expense. The identified parcel is physically separated from the City of Stanley and surrounded by Federal land. We would welcome 

the opportunity to work with the sponsors and the City to 

identify a parcel that is potentially better suited for private development, including a Federal parcel within the 

developed area of Stanley and adjacent to existing infrastructure. 

This concludes my remarks. Thank you for the opportunity to testify. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

583, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

AN ACT To establish the Sawtooth National Recreation Area in the State of Idaho, 

to temporarily withdraw certain national forest land in the State of Idaho from 

the operation of the United States mining laws, and for other purposes. 

(Public Law 92–400) 

* * * * * * * 

øSEC. 5. The Secretary shall, as soon as practicable after the enactment of this Act, review the undeveloped and unimproved portion or portions of the recreation area as to suitability or nonsuitability for preservation as a part of the National Wilderness Preservation System. In conducting his review, the Secretary shall comply with the provisions of subsection 3(d) of the Wilderness Act of 

September 3, 1964 (78 Stat. 892), relating to public notice, public 

hearings, and review by State and other agencies, and shall advise 

the Senate and House of Representatives of his recommendations 

with respect to the designation as wilderness of the area or areas 

reviewed.¿ 

* * * * * * * 

Æ 


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