I 

115TH CONGRESS 

1ST SESSION H. R. 1728 

To modify the boundaries of the Morley Nelson Snake River Birds of Prey 

National Conservation Area, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2017 

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

which was referred to the Committee on Natural Resources 

A BILL 

To modify the boundaries of the Morley Nelson Snake River 

Birds of Prey National Conservation Area, 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. BOUNDARY MODIFICATION, MORLEY NELSON 

4 SNAKE RIVER BIRDS OF PREY NATIONAL 

5 CONSERVATION AREA, IDAHO. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CONSERVATION AREA.—The term ‘‘Con8 servation Area’’ means the Morley Nelson Snake 

9 River Birds of Prey National Conservation Area. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 1728 IH

1 (2) GATEWAY WEST.—The term ‘‘Gateway 

2 West’’ means the high-voltage transmission line 

3 project in Idaho and Wyoming jointly proposed by 

4 the entities Idaho Power Company, incorporated in 

5 the State of Idaho, and Rocky Mountain Power, a 

6 division of PacifiCorp, an Oregon Corporation. 

7 (3) MAP.—The term ‘‘map’’ means the map ti8 tled ‘‘Proposed Snake River Birds of Prey NCA 

9 Boundary Adjustment’’ and dated October 13, 2016. 

10 (4) SAGE-GROUSE SPECIES.—The term ‘‘sage11 grouse species’’ means the greater sage-grouse 

12 (Centrocercus urophasianus) (including all distinct 

13 population segments). 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (b) AREAS TO BE ADDED TO AND REMOVED FROM

17 MORLEY NELSON SNAKE RIVER BIRDS OF PREY NA18 TIONAL CONSERVATION AREA.—The boundary of the 

19 Conservation Area is hereby modified— 

20 (1) to include— 

21 (A) the approximately 4726 acres of land 

22 generally depicted as ‘‘BLM Administered 

23 Lands’’ on the map, to the extent such lands 

24 are part of the Lower Saylor Creek Allotment 

25 those lands would continue to be managed by 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 1728 IH

1 the BLM Jarbidge Field Office until terms of 

2 the No. CV–04–181–S–BLW Stipulated Settle3 ment Agreement are fully met, after which the 

4 lands would be managed by the Morley Nelson 

5 Snake River Birds of Prey National Conserva6 tion Area office; and 

7 (B) the approximately 86 acres of land 

8 generally depicted as ‘‘BOR Administered 

9 Lands’’ on the map; and 

10 (2) to exclude— 

11 (A) the approximately 761 acres land gen12 erally depicted as ‘‘Segment 8 Revised Proposed 

13 Route’’ on the map, including 125 feet on ei14 ther side of the center line of the Gateway West 

15 Transmission line, the Gateway West Trans16 mission Line shall be sited so that the center 

17 line of Segment 8 is no more than 500 feet 

18 from the center line of the existing Summer 

19 Lake Transmission Line as described in the 

20 Summer Lake Transmission Line Right of Way 

21 Grant per FLPMA, IDI–008875; and 

22 (B) the approximately 1,845 acres land 

23 generally depicted as ‘‘Segment 9 Revised Pro24 posed Route’’ on the map including 125 feet on 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 1728 IH

1 either side of the center line of the Gateway 

2 West Transmission line. 

3 (c) RIGHT-OF-WAY AND CONDITIONS.— 

4 (1) RIGHT-OF-WAY.—Notwithstanding any 

5 other provision of law, not later than 90 days after 

6 the date of the enactment of this section, the Sec7 retary shall issue to Gateway West a right-of-way 

8 for the lands described in subsection (b)(2) to be 

9 used for the construction and maintenance of trans10 mission lines, including access roads and activities 

11 related to fire prevention and suppression. The 

12 right-of-way issued under this paragraph shall con13 tain the conditions described in subsection (c)(2), 

14 and be in alignment with the revised proposed routes 

15 for segments 8 and 9 identified as Alternative 1 in 

16 the Supplementary Final Environmental Impact 

17 Analysis released October 5, 2016. 

18 (2) CONDITIONS.—The conditions that the Sec19 retary shall include in the right-of-way described in 

20 paragraph (1) shall be in accordance with section 

21 505 of the Federal Land Policy and Management 

22 Act of 1976 (43 U.S.C. 1765) and are as follows: 

23 (A) MITIGATION.—During the time of con24 struction of each respective line segment, Gate25 way West shall mitigate for the impacts related 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 1728 IH

1 to the transmission lines in accordance with the 

2 Compensatory Mitigation and Enhancement 

3 framework described in the final Supplemental 

4 Environmental Impact Statement with the stip5 ulation that Compensatory Mitigation and En6 hancement costs shall not exceed $8,543,440. 

7 (B) CONSERVATION.—Gateway West shall 

8 contribute $2,000 per acre of right-of-way in 

9 the Conservation Area during the time of con10 struction of Segment 8 Revised Proposed Route 

11 (comprising 761 acres) and during the con12 struction of Segment 9 Revised Proposed Route 

13 (comprising 1,845 acres) to the Bureau of 

14 Land Management Foundation that shall be 

15 used for the purpose of conservation, including 

16 enhancing National Landscape Conservation 

17 System Units in Idaho, also known as National 

18 Conservation Lands. 

19 (C) COSTS.—Gateway West shall pay all 

20 costs associated with the boundary modification, 

21 including the costs of any surveys, recording 

22 costs, and other reasonable costs. 

23 (D) OTHER.—Standard terms and condi24 tions in accordance with section 505 of the 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 1728 IH

1 Federal Land Policy and Management Act of 

2 1976 (43 U.S.C. 1765). 

3 (d) ADMINISTRATION.—The Secretary shall— 

4 (1) administer the lands described in subsection 

5 (b)(1) as part of the Conservation Area in accord6 ance with Public Law 103–64 and as part of the 

7 National Landscape Conservation System; and 

8 (2) continue to administer lands described in 

9 subsection (b)(2), but as lands that are not included 

10 in a Conservation Area or subject to Public Law 

11 103–64. 

12 (e) TRANSFER OF ADMINISTRATIVE JURISDIC13 TION.—Administrative jurisdiction over the approximately 

14 86 acres of land depicted as ‘‘BOR Administered Lands’’ 

15 on the map is hereby transferred from the Bureau of Rec16 lamation to the Bureau of Land Management. 

17 (f) AVAILABILITY OF MAP.—The map shall be on file 

18 and available for public inspection in the appropriate of19 fices of the Bureau of Land Management. 

20 (g) MANAGEMENT PLAN AMENDMENT.—Not later 

21 than 18 months after the date of the enactment of this 

22 Act, the Secretary shall amend the management plan for 

23 the Conservation Area to address the long-term manage24 ment of the lands described in subsection (b)(1) in order 

25 to— 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 1728 IH

1 (1) determine appropriate management activi2 ties and uses of the lands described in subsection 

3 (b)(1) consistent with Public Law 103–64 and this 

4 section; 

5 (2) continue managing the grazing of livestock 

6 on the lands described in subsection (b)(1) in which 

7 grazing is established as of the date of the enact8 ment of this section such that the grazing shall be 

9 allowed to continue, subject to such reasonable regu10 lations, policies, and practices that the Secretary 

11 considers necessary; 

12 (3) allow motorized access on roads existing on 

13 the lands described in subsection (b)(1) on the date 

14 of the enactment of this section, subject to such rea15 sonable regulations, policies, and practices that the 

16 Secretary considers necessary; and 

17 (4) allow hunting and fishing on the lands de18 scribed in subsection (b)(1) consistent with applica19 ble laws and regulations. 

20 SEC. 2. COTTEREL WIND POWER PROJECT. 

21 The approximately 203 acres of Federal land identi22 fied as ‘‘Project Area’’ on the map titled ‘‘Cotterel Wind 

23 Power Project’’ and dated March 1, 2006, may not be 

24 used for the production of electricity from wind. 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 1728 IH

1 SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION. 

2 The Secretary of the Interior shall— 

3 (1) establish a Bureau of Land Management 

4 Foundation as a charitable and nonprofit corpora5 tion under section 501(c)(3) of the Internal Revenue 

6 Code of 1986; and 

7 (2) grant to such Foundation the same authori8 ties granted to the National Park Foundation for its 

9 activities to benefit the National Park Service under 

10 subchapter II of chapter 1011 of title 54, United 

11 States Code, for the purpose of providing opportuni12 ties for the Bureau of Land Management to address 

13 a variety of specific challenges that could be better 

14 addressed with the support of a foundation, includ15 ing— 

16 (A) reclamation of legacy wells, contami17 nated native lands, and abandoned mine land 

18 sites; 

19 (B) sustainable management of wild horses 

20 and burros; 

21 (C) expanded scientific understanding of 

22 responsible development techniques; 

23 (D) voluntary conservation activities; and 

24 (E) proper identification and cataloging of 

25 cultural and historical treasure on public lands. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS