109TH CONGRESS

2D SESSION S. 1131

AN ACT

To authorize the exchange of certain Federal land within

the State of Idaho, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Idaho Land Enhance5 ment Act’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

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

4 means the agreement executed in April 2005 entitled

5 ‘‘Agreement to Initiate, Boise Foothills—Northern

6 Idaho Land Exchange’’, as modified by the agree7 ment executed in March 2006 entitled ‘‘Amendment

8 No. 1’’, and entered into by—

9 (A) the Bureau of Land Management;

10 (B) the Forest Service;

11 (C) the State; and

12 (D) the City.

13 (2) BUREAU OFLAND MANAGEMENT LAND.—

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

15 means the approximately 605 acres of land adminis16 tered by the Bureau of Land Management (includ17 ing all appurtenances to the land) that is proposed

18 to be acquired by the State, as identified in exhibit

19 A2 of the Agreement and as generally depicted on

20 the maps.

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

22 Idaho State Board of Land Commissioners.

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

24 Boise, Idaho.
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1 (5) FEDERAL LAND.—The term ‘‘Federal land’’

2 means the Bureau of Land Management land and

3 the National Forest System land.

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

5 through 7 entitled ‘‘Parcel Identification Map: Idaho

6 Lands Enhancement Act Land Exchange’’ and

7 dated February 28, 2006.

8 (7) NATIONAL FOREST SYSTEM LAND.—The

9 term ‘‘National Forest System land’’ means the ap10 proximately 7,220 acres of land (including all appur11 tenances to the land) that is—

12 (A) administered by the Secretary of Agri13 culture in the Idaho Panhandle National For14 ests and the Clearwater National Forest;

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

16 (C) identified in exhibit A2 of the Agree17 ment; and

18 (D) generally depicted on the maps.

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

20 the Secretary of the Interior.

21 (9) STATE.—The term ‘‘State’’ means the State

22 of Idaho, Department of Lands.

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

24 means the approximately 11,815 acres of land (in25 cluding all appurtenances to the land) administered
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1 by the State that is proposed to be acquired by the

2 United States, as identified in exhibit A1 of the

3 Agreement and as generally depicted on the maps.

4 SEC. 3. LAND EXCHANGE.

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

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

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

8 Agriculture shall—

9 (1) accept the offer; and

10 (2) on receipt of title to the State land, simulta11 neously convey to the State the Federal land.

12 (b) VALID EXISTING RIGHTS.—The conveyance of

13 the Federal land and State land shall be subject to all

14 valid existing rights.

15 (c) EQUAL VALUE EXCHANGE.—

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

17 land and State land to be exchanged under this

18 Act—

19 (A) shall be equal; or

20 (B) shall be made equal in accordance with

21 subsection (d).

22 (2) APPRAISALS.—The value of the Federal

23 land and State land shall be determined in accord24 ance with appraisals—

25 (A) conducted in accordance with—
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1 (i) the Uniform Appraisal Standards

2 for Federal Land Acquisitions; and

3 (ii) the Uniform Standards of Profes4 sional Appraisal Practice;

5 (B) reviewed by an interdepartmental re6 view team comprised of representatives of Fed7 eral and State agencies; and

8 (C) approved by the Secretary or the Sec9 retary of Agriculture, as appropriate.

10 (3) TERM OFAPPROVAL.—The term of ap11 proval of the appraisals by the interdepartmental re12 view team is extended to September 13, 2008.

13 (d) CASH EQUALIZATION.—

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

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

16 equalized by the payment of cash to the United

17 States or to the State, as appropriate, in accordance

18 with section 206(b) of the Federal Land Policy and

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

20 (2) DISPOSITION AND USE OFPROCEEDS.—

21 (A) DISPOSITION OFPROCEEDS.—Any

22 cash equalization payments received by the

23 United States under paragraph (1) shall be de24 posited in the fund established under Public
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1 Law 90–171 (commonly known as the ‘‘Sisk

2 Act’’) (16 U.S.C. 484a).

3 (B) USE OFPROCEEDS.—Amounts depos4 ited under subparagraph (A) shall be available

5 to the Secretary of Agriculture, without further

6 appropriation and until expended, for the acqui7 sition of land and interests in land for addition

8 to the National Forest System in the State.

9 (e) TIMING.—It is the intent of Congress that the

10 land exchange authorized and directed by this Act shall

11 be completed not later than 180 days after the date of

12 enactment of this Act.

13 (f) RIGHTS-OF-WAY.—

14 (1) RIGHTS-OF-WAY TO NATIONAL FOREST SYS15 TEM LAND.—The Secretary of Agriculture, under

16 the authority of the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1701 et seq.), shall

18 convey to the State any easements or other rights19 of-way to National Forest System land that are—

20 (A) appropriate to provide access to the

21 National Forest System land acquired by the

22 State; and

23 (B) agreed to by the Secretary of Agri24 culture and the State.
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1 (2) RIGHTS-OF-WAY TO STATE LAND.—The

2 State shall convey to the United States any ease3 ments or other rights-of-way to land owned by the

4 State that are—

5 (A) appropriate to provide access to the

6 State land acquired by the United States; and

7 (B) agreed to by—

8 (i) the Secretary or the Secretary of

9 Agriculture; and

10 (ii) the State.

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

12 collection agreement with the Secretary and the Secretary

13 of Agriculture, shall pay the administrative costs associ14 ated with the conveyance of the Federal land and State

15 land, including the costs of any field inspections, environ16 mental analyses, appraisals, title examinations, and deed

17 and patent preparations.

18 SEC. 4. MANAGEMENT OF FEDERAL LAND.

19 (a) TRANSFER OF ADMINISTRATIVE JURISDIC20 TION.—

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

22 the Secretary to the Secretary of Agriculture admin23 istrative jurisdiction over the land described in para24 graph (2).
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1 (2) DESCRIPTION OFLAND.—The land referred

2 to in paragraph (1) is the approximately 2,110 acres

3 of land that is administered by the Bureau of Land

4 Management and located in Shoshone County,

5 Idaho, as generally identified in exhibit A3 of the

6 Agreement.

7 (3) WILDERNESS STUDY AREAS.—Any land

8 designated as a Wilderness Study Area that is trans9 ferred to the Secretary of Agriculture under para10 graph (1) shall be managed in a manner that pre11 serves the suitability of land for designation as wil12 derness until Congress determines otherwise.

13 (b) ADDITIONS TO THE NATIONAL FOREST SYS14 TEM.—The Secretary of Agriculture shall administer any

15 land transferred to, or conveyed to the United States for

16 administration by, the Secretary of Agriculture in accord17 ance with—

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

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

20 (2) the laws (including regulations) applicable

21 to the National Forest System.

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

23 The Secretary shall administer any State land conveyed

24 to the United States under this Act for administration by

25 the Secretary in accordance with—
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1 (1) the Federal Land Policy and Management

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

3 (2) other applicable laws.

4 (d) LAND AND WATER CONSERVATION FUND.—For

5 purposes of section 7 of the Land and Water Conservation

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

7 the Idaho Panhandle National Forests and the Clearwater

8 National Forest shall be considered to be the boundaries

9 of the Idaho Panhandle National Forests and the Clear10 water National Forest, respectively, as of January 1,

11 1965.

12 SEC. 5. MISCELLANEOUS PROVISIONS.

13 (a) LEGAL DESCRIPTIONS.—The Secretary, the Sec14 retary of Agriculture, and the Board may modify the de15 scriptions of land specified in the Agreement to—

16 (1) correct errors; or

17 (2) make minor adjustments to the parcels

18 based on a survey or other means.

19 (b) REVOCATION OF ORDERS.—Subject to valid exist20 ing rights, any public land orders withdrawing any of the

21 Federal land from appropriation or disposal under the

22 public land laws are revoked to the extent necessary to

23 permit disposal of the Federal land.

24 (c) WITHDRAWALS.—
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1 (1) FEDERAL LAND.—Subject to valid existing

2 rights, pending completion of the land exchange, the

3 Federal land is withdrawn from—

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

5 under the mining and public land laws; and

6 (B) disposition under the mineral leasing

7 laws and the Geothermal Steam Act of 1970

8 (30 U.S.C. 1001 et seq.).

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

10 rights, the land transferred to the United States

11 under this Act is withdrawn from—

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

13 under the mining and public land laws; and

14 (B) disposition under the mineral leasing

15 laws and the Geothermal Steam Act of 1970

16 (30 U.S.C. 1001 et seq.).

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

18 the Secretary or the Secretary of Agriculture from

19 using common varieties of mineral materials for con-
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1 struction and maintenance of Federal roads and fa2 cilities on the State land acquired under this Act.

Passed the Senate September 29, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1131

AN ACT

within the State of Idaho, and for other purposes.

To authorize the exchange of certain Federal land