II 

Calendar No. 394 

109TH CONGRESS 

2D SESSION S. 1131 

[Report No. 109–232] 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2005 

Mr. CRAIG introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

APRIL 20, 2006 

Reported under authority of the order of the Senate of April 7, 2006, by Mr. 

DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize the exchange of certain Federal land within 

the State of Idaho, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the agreement executed in 2005, entitled 

5 ‘‘Agreement to Initiate, Boise Foothills—Northern 

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

7 (A) the Bureau of Land Management; 

8 (B) the Forest Service; 

9 (C) the State; and 

10 (D) the City. 

11 (2) BUREAU OF LAND MANAGEMENT LAND.— 

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

13 means the approximately 605 acres of land adminis14 tered by the Bureau of Land Management (includ15 ing all appurtenances to the land) that is proposed 

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

17 A2 of the Agreement. 

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

19 Idaho State Board of Land Commissioners. 

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

21 Boise, Idaho. 

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

23 means the Bureau of Land Management land and 

24 the National Forest System land. 

25 (6) NATIONAL FOREST SYSTEM LAND.—The 

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1 proximately 7,220 acres of land (including all appur2 tenances to the land) that is— 

3 (A) administered by the Secretary of Agri4 culture in the Idaho Panhandle National For5 ests and the Clearwater National Forest; 

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

7 and 

8 (C) depicted in exhibit A2 of the Agree9 ment. 

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

11 the Secretary of the Interior. 

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

13 of Idaho, Department of Lands. 

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

15 means the approximately 11,085 acres of land (in16 cluding all appurtenances to the land) administered 

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

18 United States, as depicted in exhibit A1 of the 

19 Agreement. 

20 SEC. 3. LAND EXCHANGE. 

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

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

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

24 Agriculture shall— 

25 (1) accept the offer; and 


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1 (2) on receipt of title to the State land, simulta2 neously convey to the State the Federal land. 

3 (b) ADDITIONAL AGREEMENTS.—The Secretary and 

4 the Secretary of Agriculture may enter into any additional 

5 agreements that the Secretary and the Secretary of Agri6 culture determine to be necessary or appropriate to sup7 plement the Agreement, including agreements that— 

8 (1) provide legal descriptions of the Federal 

9 land and State land (including any interests in the 

10 Federal land and State land) to be exchanged under 

11 this Act; 

12 (2) identify all reserved and outstanding inter13 ests in the Federal land and State land; 

14 (3) stipulate any cash equalization payments re15 quired; and 

16 (4) specify any other terms and conditions that 

17 are necessary to complete the land exchange. 

18 (c) VALID EXISTING RIGHTS.—–The conveyance of 

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

20 (1) all valid existing rights; and 

21 (2) any other reservations, terms, and condi22 tions agreed to by the Secretary, the Secretary of 

23 Agriculture, and the Board. 

24 (d) EQUAL VALUE EXCHANGE.—– 


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

2 land and State land to be exchanged under this 

3 Act— 

4 (A) shall be equal; or 

5 (B) shall be made equal in accordance with 

6 subsection (e). 

7 (2) APPRAISALS.— 

8 (A) IN GENERAL.—The value of the Fed9 eral land and State land shall be determined in 

10 accordance with appraisals conducted in accord11 ance with— 

12 (i) the Uniform Appraisal Standards 

13 for Federal Land Acquisitions; and 

14 (ii) any appraisal instructions of the 

15 Secretary and the Secretary of Agriculture, 

16 (B) APPROVAL.—Any appraisal conducted 

17 under subparagraph (A) shall be reviewed and 

18 approved by— 

19 (i) the Secretary and the Secretary of 

20 Agriculture; or 

21 (ii) an interdepartmental appraisal re22 view team established jointly by the Sec23 retary and the Secretary of Agriculture. 

24 (e) CASH EQUALIZATION.— 


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

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

3 equalized by the payment of cash to the United 

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

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

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

7 (2) DISPOSITION AND USE OF PROCEEDS.— 

8 (A) DISPOSITION OF PROCEEDS.—Any 

9 cash equalization payments received by the 

10 United States under paragraph (1) shall be de11 posited in the fund established under Public 

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

13 Act’’) (16 U.S.C. 484a). 

14 (B) USE OF PROCEEDS.—Amounts depos15 ited under paragraph (2) shall be available to 

16 the Secretary of Agriculture, without further 

17 appropriation and until expended, for the acqui18 sition of land and interests in land for addition 

19 to the National Forest System in the State. 

20 (f) RIGHTS-OF-WAY.—As specified in the Agree21 ment— 

22 (1) the Secretary of Agriculture, under the au23 thority of the Federal Land Policy and Management 

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

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


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1 National Forest System land that are appropriate to 

2 provide access to the Federal land acquired by the 

3 State under this Act; and 

4 (2) the State shall convey to the United States 

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

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

7 Agriculture and the State. 

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

9 collection agreement with the Secretary and the Secretary 

10 of Agriculture, shall pay the administrative costs associ11 ated with the conveyance of the Federal land and State 

12 land, including the costs of any field inspections, environ13 mental analyses, appraisals, title examinations, and deed 

14 and patent preparations. 

15 SEC. 4. MANAGEMENT OF FEDERAL LAND. 

16 (a) TRANSFER OF ADMINISTRATIVE JURISDIC17 TION.— 

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

19 the Secretary to the Secretary of Agriculture admin20 istrative jurisdiction over the land described in para21 graph (2). 

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

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

24 of Bureau of Land Management land located in ShoVerDate Aug 31 2005 21:17 Apr 20, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1131.RS S1131

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1 shone County, Idaho, as generally depicted in exhibit 

2 A3 of the Agreement. 

3 (3) MANAGEMENT.— 

4 (A) IN GENERAL.—On transfer of adminis5 trative jurisdiction over the land to the Sec6 retary of Agriculture under paragraph (1), the 

7 land shall be managed by the Secretary of Agri8 culture in accordance with the laws (including 

9 regulations) applicable to the National Forest 

10 System. 

11 (B) WILDERNESS STUDY AREAS.—Any 

12 land designated as a Wilderness Study Area 

13 that is transferred to the Secretary of Agri14 culture under paragraph (1) shall be managed 

15 in a manner that preserves the suitability of 

16 land for designation as wilderness until Con17 gress determines otherwise. 

18 (b) ADDITIONS TO THE NATIONAL FOREST SYS19 TEM.—The Secretary of Agriculture shall administer any 

20 State land conveyed to the United States under this Act 

21 for administration by the Secretary of Agriculture in ac22 cordance with— 

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

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


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1 (2) any laws (including regulations) applicable 

2 to the National Forest System. 

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

4 The Secretary shall administer any State land conveyed 

5 to the United States under this Act for administration by 

6 the Secretary as acquired land in accordance with— 

7 (1) the Federal Land Policy and Management 

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

9 (2) other applicable laws. 

10 (d) LAND AND RESOURCE MANAGEMENT PLANS.— 

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

12 States of the State land under this Act shall not re13 quire a revision or amendment to the applicable land 

14 and resource management plan of the Forest Service 

15 or the Bureau of Land Management. 

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

17 management plan of the Forest Service or the Bu18 reau of Land Management, as appropriate, is re19 newed, the plan shall take into account the State 

20 land acquired under this Act. 

21 (3) MANAGEMENT.—Pending completion of the 

22 land and resource management plan renewal process 

23 under paragraph (2), the Secretary and the Sec24 retary of Agriculture shall manage the acquired 

25 State land in accordance with the standards and 


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1 guidelines in the applicable land and resource man2 agement plans for adjacent land managed by the 

3 Secretary and the Secretary of Agriculture. 

4 (e) NATIONAL FOREST BOUNDARIES.—For purposes 

5 of section 7 of the Land and Water Conservation Fund 

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

7 Idaho Panhandle National Forest and Clearwater Na8 tional Forest, as modified by the exchange authorized by 

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

10 Idaho Panhandle National Forest and Clearwater Na11 tional Forest as of January 1, 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; 

17 (2) make minor adjustments to the parcels 

18 based on a survey or other means; or 

19 (3) reconfigure the parcels to facilitate the land 

20 exchange. 

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

22 acreage estimate, and written legal description of the Fed23 eral land or State land, the written legal description shall 

24 prevail. 


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1 (c) REVOCATION OF ORDERS.—Subject to valid exist2 ing rights, any public land orders withdrawing any of the 

3 Federal land from appropriation or disposal under the 

4 public land laws are revoked to the extent necessary to 

5 permit disposal of the Federal land. 

6 (d) WITHDRAWALS.— 

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

8 rights, pending completion of the land exchange, the 

9 Federal land is withdrawn from— 

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

11 under the mining and public land laws; and 

12 (B) disposition under the mineral leasing 

13 laws and the Geothermal Steam Act of 1970 

14 (30 U.S.C. 1001 et seq.). 

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

16 rights, the land transferred to the Secretary of Agri17 culture under section 4(a) and, on acquisition by the 

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

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

20 under the mining and public land laws; and 

21 (B) disposition under the mineral leasing 

22 laws and the Geothermal Steam Act of 1970 

23 (30 U.S.C. 1001 et seq.). 

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

25 the Secretary or the Secretary of Agriculture from 


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1 using common varieties of mineral materials for con2 struction and maintenance of Federal roads and fa3 cilities on the State land acquired under this Act 

4 and any adjacent Federal land. 

5 (e) CONGRESSIONAL FINDING ON NEED FOR ADDI6 TIONAL ANALYSIS.—Congress finds that— 

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

8 Management have conducted adequate analyses and 

9 reviews of the environmental impacts of the ex10 change authorized under section 3(a); and 

11 (2) no further administrative or environmental 

12 analyses or examination shall be required to carry 

13 out any activities authorized under this Act. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Idaho Land Enhance16 ment Act’’. 

17 SEC. 2. DEFINITIONS. 

18 In this Act: 

19 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

20 the agreement executed in April 2005 entitled ‘‘Agree21 ment to Initiate, Boise Foothills—Northern Idaho 

22 Land Exchange’’, as modified by the agreement exe23 cuted in March 2006 entitled ‘‘Amendment No. 1’’, 

24 and entered into by— 

25 (A) the Bureau of Land Management; 


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1 (B) the Forest Service; 

2 (C) the State; and 

3 (D) the City. 

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

5 term ‘‘Bureau of Land Management land’’ means the 

6 approximately 605 acres of land administered by the 

7 Bureau of Land Management (including all appur8 tenances to the land) that is proposed to be acquired 

9 by the State, as identified in exhibit A2 of the Agree10 ment and as generally depicted on the maps. 

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

12 State Board of Land Commissioners. 

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

14 Boise, Idaho. 

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

16 means the Bureau of Land Management land and the 

17 National Forest System land. 

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

19 through 7 entitled ‘‘Parcel Identification Map: Idaho 

20 Lands Enhancement Act Land Exchange’’ and dated 

21 February 28, 2006. 

22 (7) NATIONAL FOREST SYSTEM LAND.—The term 

23 ‘‘National Forest System land’’ means the approxi24 mately 7,220 acres of land (including all appur25 tenances to the land) that is— 


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1 (A) administered by the Secretary of Agri2 culture in the Idaho Panhandle National Forests 

3 and the Clearwater National Forest; 

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

5 (C) identified in exhibit A2 of the Agree6 ment; and 

7 (D) generally depicted on the maps. 

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

9 the Secretary of the Interior. 

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

11 of Idaho, Department of Lands. 

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

13 means the approximately 11,815 acres of land (in14 cluding all appurtenances to the land) administered 

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

16 United States, as identified in exhibit A1 of the 

17 Agreement and as generally depicted on the maps. 

18 SEC. 3. LAND EXCHANGE. 

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

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

21 to the United States, the Secretary and the Secretary of Ag22 riculture shall— 

23 (1) accept the offer; and 

24 (2) on receipt of title to the State land, simulta25 neously convey to the State the Federal land. 


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

2 Federal land and State land shall be subject to all valid 

3 existing rights. 

4 (c) EQUAL VALUE EXCHANGE.— 

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

6 and State land to be exchanged under this Act— 

7 (A) shall be equal; or 

8 (B) shall be made equal in accordance with 

9 subsection (d). 

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

11 and State land shall be determined in accordance 

12 with appraisals— 

13 (A) conducted in accordance with— 

14 (i) the Uniform Appraisal Standards 

15 for Federal Land Acquisitions; and 

16 (ii) the Uniform Standards of Profes17 sional Appraisal Practice; 

18 (B) reviewed by an interdepartmental re19 view team comprised of representatives of Fed20 eral and State agencies; and 

21 (C) approved by the Secretary or the Sec22 retary of Agriculture, as appropriate. 

23 (d) CASH EQUALIZATION.— 

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

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


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1 equalized by the payment of cash to the United States 

2 or to the State, as appropriate, in accordance with 

3 section 206(b) of the Federal Land Policy and Man4 agement Act of 1976 (43 U.S.C. 1716(b)). 

5 (2) DISPOSITION AND USE OF PROCEEDS.— 

6 (A) DISPOSITION OF PROCEEDS.—Any cash 

7 equalization payments received by the United 

8 States under paragraph (1) shall be deposited in 

9 the fund established under Public Law 90–171 

10 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 

11 484a). 

12 (B) USE OF PROCEEDS.—Amounts depos13 ited under subparagraph (A) shall be available 

14 to the Secretary of Agriculture, without further 

15 appropriation and until expended, for the acqui16 sition of land and interests in land for addition 

17 to the National Forest System in the State. 

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

19 exchange authorized and directed by this Act shall be com20 pleted not later than 180 days after the date of enactment 

21 of this Act. 

22 (f) RIGHTS-OF-WAY.— 

23 (1) RIGHTS-OF-WAY TO NATIONAL FOREST SYS24 TEM LAND.—The Secretary of Agriculture, under the 

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1 ment Act of 1976 (43 U.S.C. 1701 et seq.), shall con2 vey to the State any easements or other rights-of-way 

3 to National Forest System land that are— 

4 (A) appropriate to provide access to the Na5 tional Forest System land acquired by the State; 

6 and 

7 (B) agreed to by the Secretary of Agri8 culture and the State. 

9 (2) RIGHTS-OF-WAY TO STATE LAND.—The State 

10 shall convey to the United States any easements or 

11 other rights-of-way to land owned by the State that 

12 are— 

13 (A) appropriate to provide access to the 

14 State land acquired by the United States; and 

15 (B) agreed to by— 

16 (i) the Secretary or the Secretary of 

17 Agriculture; and 

18 (ii) the State. 

19 (g) COSTS.—The City, either directly or through a col20 lection agreement with the Secretary and the Secretary of 

21 Agriculture, shall pay the administrative costs associated 

22 with the conveyance of the Federal land and State land, 

23 including the costs of any field inspections, environmental 

24 analyses, appraisals, title examinations, and deed and pat25 ent preparations. 


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1 SEC. 4. MANAGEMENT OF FEDERAL LAND. 

2 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

3 (1) IN GENERAL.—There is transferred from the 

4 Secretary to the Secretary of Agriculture administra5 tive jurisdiction over the land described in paragraph 

6 (2). 

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

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

9 of land that is administered by the Bureau of Land 

10 Management and located in Shoshone County, Idaho, 

11 as generally identified in exhibit A3 of the Agreement. 

12 (3) WILDERNESS STUDY AREAS.—Any land des13 ignated as a Wilderness Study Area that is trans14 ferred to the Secretary of Agriculture under para15 graph (1) shall be managed in a manner that pre16 serves the suitability of land for designation as wil17 derness until Congress determines otherwise. 

18 (b) ADDITIONS TO THE NATIONAL FOREST SYSTEM.— 

19 The Secretary of Agriculture shall administer any land 

20 transferred to, or conveyed to the United States for adminis21 tration by, the Secretary of Agriculture in accordance 

22 with— 

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

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

25 (2) the laws (including regulations) applicable to 

26 the National Forest System. 


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

2 Secretary shall administer any State land conveyed to the 

3 United States under this Act for administration by the Sec4 retary in accordance with— 

5 (1) the Federal Land Policy and Management 

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

7 (2) other applicable laws. 

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

9 purposes of section 7 of the Land and Water Conservation 

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

11 the Idaho Panhandle National Forests and the Clearwater 

12 National Forest shall be considered to be the boundaries of 

13 the Idaho Panhandle National Forests and the Clearwater 

14 National Forest, respectively, as of January 1, 1965. 

15 SEC. 5. MISCELLANEOUS PROVISIONS. 

16 (a) LEGAL DESCRIPTIONS.—The Secretary, the Sec17 retary of Agriculture, and the Board may modify the de18 scriptions of land specified in the Agreement to— 

19 (1) correct errors; or 

20 (2) make minor adjustments to the parcels based 

21 on a survey or other means. 

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

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1 lic land laws are revoked to the extent necessary to permit 

2 disposal of the Federal land. 

3 (c) WITHDRAWALS.— 

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

5 rights, pending completion of the land exchange, the 

6 Federal land is withdrawn from— 

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

8 under the mining and public land laws; and 

9 (B) disposition under the mineral leasing 

10 laws and the Geothermal Steam Act of 1970 (30 

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

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

13 rights, the land transferred to the United States under 

14 this Act is withdrawn from— 

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

16 under the mining and public land laws; and 

17 (B) disposition under the mineral leasing 

18 laws and the Geothermal Steam Act of 1970 (30 

19 U.S.C. 1001 et seq.). 

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

21 the Secretary or the Secretary of Agriculture from 

22 using common varieties of mineral materials for con23 struction and maintenance of Federal roads and fa24 cilities on the State land acquired under this Act. 


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Calendar No. 394 

109TH CONGRESS 

2D SESSION S. 1131 

[Report No. 109

–232] 

A BILL 

within the State of Idaho, and for other purposes. 

To authorize the exchange of certain Federal land 

APRIL 20, 2006 

Reported with an amendment 


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