I 

115TH CONGRESS 

1ST SESSION H. R. 2104 

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 

APRIL 20, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Morley Nelson Snake 

5 River Birds of Prey National Conservation Area Boundary 

6 Modification Act of 2017’’. 

7 SEC. 2. BOUNDARY MODIFICATION, MORLEY NELSON 

8 SNAKE RIVER BIRDS OF PREY NATIONAL 

9 CONSERVATION AREA, IDAHO. 

10 (a) DEFINITIONS.—In this section: 


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1 (1) CONSERVATION AREA.—The term ‘‘Con2 servation Area’’ means the Morley Nelson Snake 

3 River Birds of Prey National Conservation Area. 

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

5 West’’ means the high-voltage transmission line 

6 project in Idaho and Wyoming jointly proposed by 

7 the entities Idaho Power Company, incorporated in 

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

9 division of PacifiCorp, an Oregon Corporation. 

10 (3) MAP.—The term ‘‘map’’ means the map ti11 tled ‘‘Proposed Snake River Birds of Prey NCA 

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

13 (4) SAGE-GROUSE SPECIES.—The term ‘‘sage14 grouse species’’ means the greater sage-grouse 

15 (Centrocercus urophasianus) (including all distinct 

16 population segments). 

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

18 the Secretary of the Interior. 

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

20 MORLEY NELSON SNAKE RIVER BIRDS OF PREY NA21 TIONAL CONSERVATION AREA.—The boundary of the 

22 Conservation Area is hereby modified— 

23 (1) to include— 

24 (A) the approximately 4,726 acres of land 

25 generally depicted as ‘‘BLM Administered 


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

2 are part of the Lower Saylor Creek Allotment 

3 those lands would continue to be managed by 

4 the BLM Jarbidge Field Office until terms of 

5 the No. CV–04–181–S–BLW Stipulated Settle6 ment Agreement are fully met, after which the 

7 lands would be managed by the Morley Nelson 

8 Snake River Birds of Prey National Conserva9 tion Area office; and 

10 (B) the approximately 86 acres of land 

11 generally depicted as ‘‘BOR Administered 

12 Lands’’ on the map; and 

13 (2) to exclude— 

14 (A) the approximately 761 acres of land 

15 generally depicted as ‘‘Segment 8 Revised Pro16 posed Route’’ on the map, including 125 feet on 

17 either side of the center line of the Gateway 

18 West Transmission line, the Gateway West 

19 Transmission Line shall be sited so that the 

20 center line of Segment 8 is no more than 500 

21 feet from the center line of the existing Sum22 mer Lake Transmission Line as described in 

23 the Summer Lake Transmission Line Right of 

24 Way Grant per FLPMA, IDI–008875; and 


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1 (B) the approximately 1,845 acres of land 

2 generally depicted as ‘‘Segment 9 Revised Pro3 posed Route’’ on the map including 125 feet on 

4 either side of the center line of the Gateway 

5 West Transmission line. 

6 (c) RIGHT-OF-WAY AND CONDITIONS.— 

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

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

9 the date of the enactment of this section, the Sec10 retary shall issue to Gateway West a right-of-way 

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

12 used for the construction and maintenance of trans13 mission lines, including access roads and activities 

14 related to fire prevention and suppression. The 

15 right-of-way issued under this paragraph shall con16 tain the conditions described in subsection (c)(2), 

17 and be in alignment with the revised proposed routes 

18 for segments 8 and 9 identified as Alternative 1 in 

19 the Supplementary Final Environmental Impact 

20 Analysis released October 5, 2016. 

21 (2) CONDITIONS.—The conditions that the Sec22 retary shall include in the right-of-way described in 

23 paragraph (1) shall be in accordance with section 

24 505 of the Federal Land Policy and Management 

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


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1 (A) MITIGATION.—During the time of con2 struction of each respective line segment, Gate3 way West shall mitigate for the impacts related 

4 to the transmission lines in accordance with the 

5 Compensatory Mitigation and Enhancement 

6 framework described in the final Supplemental 

7 Environmental Impact Statement with the stip8 ulation that Compensatory Mitigation and En9 hancement costs shall not exceed $8,543,440. 

10 (B) CONSERVATION.—Gateway West shall 

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

12 the Conservation Area during the time of con13 struction of Segment 8 Revised Proposed Route 

14 (comprising 761 acres) and during the con15 struction of Segment 9 Revised Proposed Route 

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

17 Land Management Foundation that shall be 

18 used for the purpose of conservation, including 

19 enhancing National Landscape Conservation 

20 System Units in Idaho, also known as National 

21 Conservation Lands. 

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

23 costs associated with the boundary modification, 

24 including the costs of any surveys, recording 

25 costs, and other reasonable costs. 


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1 (D) OTHER.—Standard terms and condi2 tions in accordance with section 505 of the 

3 Federal Land Policy and Management Act of 

4 1976 (43 U.S.C. 1765). 

5 (d) ADMINISTRATION.—The Secretary shall— 

6 (1) administer the lands described in subsection 

7 (b)(1) as part of the Conservation Area in accord8 ance with Public Law 103–64 and as part of the 

9 National Landscape Conservation System; and 

10 (2) continue to administer lands described in 

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

12 in a Conservation Area or subject to Public Law 

13 103–64. 

14 (e) TRANSFER OF ADMINISTRATIVE JURISDIC15 TION.—Administrative jurisdiction over the approximately 

16 86 acres of land depicted as ‘‘BOR Administered Lands’’ 

17 on the map is hereby transferred from the Bureau of Rec18 lamation to the Bureau of Land Management. 

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

20 and available for public inspection in the appropriate of21 fices of the Bureau of Land Management. 

22 (g) MANAGEMENT PLAN AMENDMENT.—Not later 

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

24 Act, the Secretary shall amend the management plan for 

25 the Conservation Area to address the long-term manageVerDate Sep 11 2014 21:37 Apr 20, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2104.IH H2104

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1 ment of the lands described in subsection (b)(1) in order 

2 to— 

3 (1) determine appropriate management activi4 ties and uses of the lands described in subsection 

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

6 section; 

7 (2) continue managing the grazing of livestock 

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

9 grazing is established as of the date of the enact10 ment of this section such that the grazing shall be 

11 allowed to continue, subject to such reasonable regu12 lations, policies, and practices that the Secretary 

13 considers necessary; 

14 (3) allow motorized access on roads existing on 

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

16 of the enactment of this section, subject to such rea17 sonable regulations, policies, and practices that the 

18 Secretary considers necessary; and 

19 (4) allow hunting and fishing on the lands de20 scribed in subsection (b)(1) consistent with applica21 ble laws and regulations. 

22 SEC. 3. COTTEREL WIND POWER PROJECT. 

23 The approximately 203 acres of Federal land identi24 fied as ‘‘Project Area’’ on the map titled ‘‘Cotterel Wind 


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

2 used for the production of electricity from wind. 

Æ 


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