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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5205 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5205

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2010

  Mr. Simpson (for himself and Mr. Minnick) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Central Idaho 
Economic Development and Recreation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                    TITLE I--WILDERNESS DESIGNATIONS

Sec. 101. Additions to the National Wilderness Preservation System.
Sec. 102. Administration.
Sec. 103. Water rights.
Sec. 104. Military overflights.
Sec. 105. Adjacent management.
Sec. 106. Native American cultural and religious uses.
Sec. 107. Acquisition of land and interests in land.
Sec. 108. Wilderness review.
             TITLE II--LAND CONVEYANCES FOR PUBLIC PURPOSES

Sec. 201. Blaine County, Idaho.
Sec. 202. Custer County, Idaho.
Sec. 203. City of Clayton, Idaho.
Sec. 204. Terms and conditions of permits or land conveyances.
                      TITLE III--TRAVEL MANAGEMENT

Sec. 301. Trail management.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                land administered by the Forest Service; or
                    (B) the Secretary of the Interior, with respect to 
                land administered by the Bureau of Land Management.
            (2) Wilderness area.--The term ``wilderness area'' means 
        any of the areas designated as a component of the National 
        Wilderness Preservation System by section 101(a).

                    TITLE I--WILDERNESS DESIGNATIONS

SEC. 101. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following areas in the State of Idaho are designated 
as wilderness areas and as components of the National Wilderness 
Preservation System:
            (1) Hemingway-boulders wilderness.--Certain Federal land in 
        the Sawtooth and Challis National Forests, comprising 
        approximately 110,370 acres, as generally depicted on the map 
        entitled ``Hemingway-Boulders Proposed Wilderness'' and dated 
        October 20, 2008, which shall be known as the ``Hemingway-
        Boulders Wilderness''.
            (2) White clouds wilderness.--Certain Federal land in the 
        Sawtooth and Challis National Forests, comprising approximately 
        90,888 acres, as generally depicted on the map entitled ``White 
        Clouds Proposed Wilderness'' and dated October 20, 2008, which 
        shall be known as the ``White Clouds Wilderness''.
            (3) Jerry peak wilderness.--Certain Federal land in the 
        Challis National Forest and Challis District of the Bureau of 
        Land Management, comprising approximately 131,670 acres, as 
        generally depicted on the map entitled ``Jerry Peak 
        Wilderness'' and dated August 30, 2006, which shall be known as 
        the ``Jerry Peak Wilderness''.
    (b) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a map and legal description for each wilderness area.
            (2) Effect.--Each map and legal description submitted under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Availability.--Each map and legal description submitted 
        under paragraph (1) shall be available in the appropriate 
        offices of the Forest Service or the Bureau of Land Management.
    (c) Inclusion in National Landscape Conservation System.--Land 
administered by the Bureau of Land Management which is designated as 
wilderness by this section shall be included in the National Landscape 
Conservation System.

SEC. 102. ADMINISTRATION.

    (a) In General.--Subject to valid existing rights, each wilderness 
area shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
            (1) any reference in that Act to the effective date shall 
        be considered to be a reference to the date of enactment of 
        this Act; and
            (2) with respect to wilderness areas that are administered 
        by the Secretary of the Interior, any reference in the 
        Wilderness Act to the Secretary of Agriculture shall be 
        considered to be a reference to the Secretary of the Interior.
    (b) Consistent Interpretation.--The Secretary of Agriculture and 
the Secretary of the Interior shall seek to ensure that the wilderness 
areas are interpreted for the public as an overall complex linked by--
            (1) common location in the Boulder-White Cloud Mountains; 
        and
            (2) common identity with the natural and cultural history 
        of the State of Idaho and the Native American and pioneer 
        heritage of the State.
    (c) Comprehensive Wilderness Management Plan.--Not later than 3 
years after the date of enactment of this Act, the Secretary of 
Agriculture and the Secretary of the Interior shall collaboratively 
develop wilderness management plans for the wilderness areas.
    (d) Fire, Insects, and Disease.--Within the wilderness areas, the 
Secretary may take such measures as the Secretary determines to be 
necessary for the control of fire, insects, and disease in accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)).
    (e) Livestock.--
            (1) In general.--Within the wilderness areas, the grazing 
        of livestock in which grazing is established before the date of 
        enactment of this Act shall be allowed to continue, subject to 
        such reasonable regulations, policies, and practices as the 
        Secretary determines to be necessary, in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1131(d)(4));
                    (B) with respect to wilderness areas administered 
                by the Secretary of Agriculture, the guidelines 
                described in House Report 96-617 of the 96th Congress; 
                and
                    (C) with respect to wilderness areas administered 
                by the Secretary of the Interior, the guidelines 
                described in appendix A of House Report 101-405 of the 
                101st Congress.
            (2) Donation of grazing permits and leases.--
                    (A) Acceptance by secretary.--
                            (i) In general.--The Secretary shall accept 
                        the donation of any valid existing leases or 
                        permits authorizing grazing on public land or 
                        National Forest System land, all or a portion 
                        of which are within the area depicted as the 
                        ``Boulder White Clouds Grazing Area'' on the 
                        map entitled ``Boulder White Clouds Grazing 
                        Area Map'' and dated January 27, 2010.
                            (ii) Partial donation.--A person holding a 
                        valid grazing permit or lease for a grazing 
                        allotment partially within the area described 
                        in clause (i) may elect to donate only the 
                        portion of the grazing permit or lease that is 
                        within the area.
                    (B) Termination.--With respect to each permit or 
                lease donated under subparagraph (A), the Secretary 
                shall--
                            (i) terminate the grazing permit or lease 
                        or portion of the permit or lease; and
                            (ii) except as provided in subparagraph 
                        (C), ensure a permanent end to grazing on the 
                        land covered by the permit or lease or portion 
                        of the permit or lease.
                    (C) Common allotments.--
                            (i) In general.--If the land covered by a 
                        permit or lease donated under subparagraph (A) 
                        is also covered by another valid grazing permit 
                        or lease that is not donated, the Secretary 
                        shall reduce the authorized level on the land 
                        covered by the permit or lease to reflect the 
                        donation of the permit or lease under 
                        subparagraph (A).
                            (ii) Authorized level.--To ensure that 
                        there is a permanent reduction in the level of 
                        grazing on the land covered by the permit or 
                        lease donated under subparagraph (A), the 
                        Secretary shall not allow grazing use to exceed 
                        the authorized level established under clause 
                        (i).
                    (D) Partial donation.--If a person holding a valid 
                grazing permit or lease donates less than the full 
                amount of grazing use authorized under the permit or 
                lease, the Secretary shall--
                            (i) reduce the authorized grazing level to 
                        reflect the donation; and
                            (ii) modify the permit or lease to reflect 
                        the revised level or area of use.
    (f) Outfitting and Guide Activities.--In accordance with section 
4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial 
services (including authorized outfitting and guide activities) within 
the wilderness areas are authorized to the extent necessary for 
activities which are proper for realizing the recreational or other 
wilderness purposes of the wilderness areas.
    (g) Fish and Wildlife.--
            (1) In general.--Nothing in this title affects the 
        jurisdiction of the State of Idaho with respect to the 
        management of fish and wildlife on public land in the State, 
        including the regulation of hunting, fishing, and trapping 
        within the wilderness areas.
            (2) Limitations.--The Secretary, in consultation with the 
        appropriate State agency (except in an emergency), may 
        designate areas in which, and establish periods during which, 
        no hunting, fishing, or trapping is permitted within the 
        wilderness areas for reasons of public safety, administration, 
        or compliance with existing laws.
    (h) Access.--In accordance with section 5(a) of the Wilderness Act 
(16 U.S.C. 1134(a)), the Secretary shall provide the owner of State or 
private property within the boundary of a wilderness area adequate 
access to the property.

SEC. 103. WATER RIGHTS.

    (a) Statutory Construction.--Nothing in this title--
            (1) shall constitute either an express or implied 
        reservation by the United States of any water rights with 
        respect to the wilderness areas designated by section 101;
            (2) affects any water rights--
                    (A) in the State of Idaho existing on the date of 
                enactment of this Act, including any water rights held 
                by the United States; or
                    (B) decreed in the Snake River Basin Adjudication, 
                including any stipulation approved by the court in such 
                adjudication between the United States and the State of 
                Idaho with respect to such water rights; or
            (3)(A) establishes a precedent with regard to any future 
        wilderness designations; or
            (B) limits, alters, modifies, or amends section 9 of the 
        Sawtooth National Recreation Area Act (16 U.S.C. 460aa-8).
    (b) New Projects .--
            (1) Prohibition.--Except as otherwise provided in this Act, 
        on and after the date of the enactment of this Act, neither the 
        President nor any other officer, employee, or agent of the 
        United States shall fund, assist, authorize, or issue a license 
        or permit for the development of any new water resource 
        facility inside any of the wilderness areas designated by 
        section 101.
            (2) Definition.--In this subsection, the term ``water 
        resource facility'' means irrigation and pumping facilities, 
        reservoirs, water conservation works, aqueducts, canals, 
        ditches, pipelines, wells, hydropower projects, and 
        transmission and other ancillary facilities, and other water 
        diversion, storage, and carriage structures.

SEC. 104. MILITARY OVERFLIGHTS.

    Nothing in this title restricts or precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas, including military overflights that can be 
        seen or heard within the wilderness areas;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the wilderness areas.

SEC. 105. ADJACENT MANAGEMENT.

    (a) In General.--Nothing in this title creates a protective 
perimeter or buffer zone around a wilderness area.
    (b) Activities Outside Wilderness Area.--The fact that an activity 
or use on land outside a wilderness area can be seen or heard within 
the wilderness area shall not preclude the activity or use outside the 
boundary of the wilderness area.

SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title diminishes the treaty rights of any Indian 
tribe.

SEC. 107. ACQUISITION OF LAND AND INTERESTS IN LAND.

    (a) Acquisition.--
            (1) In general.--The Secretary may acquire any land or 
        interest in land within the boundaries of the wilderness areas 
        by donation, exchange, or purchase from a willing seller.
            (2) Land exchange.--Not later than 3 years after the date 
        of enactment of this Act, the Secretary shall seek to complete 
        an exchange for State land located within the boundaries of the 
        wilderness areas designated by this title.
    (b) Incorporation in Wilderness Area.--Any land or interest in land 
located inside the boundary of a wilderness area that is acquired by 
the United States after the date of enactment of this Act shall be 
added to, and administered as part of the, wilderness area.

SEC. 108. WILDERNESS REVIEW.

    (a) National Forest System Land.--Section 5 of Public Law 92-400 
(16 U.S.C. 460aa-4) is repealed.
    (b) Public Land.--
            (1) Finding.--Congress finds that, for purposes of section 
        603 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1782), the public land administered by the Bureau of 
        Land Management in the following wilderness study areas have 
        been adequately studied for wilderness designation:
                    (A) Jerry Peak Wilderness Study Area.
                    (B) Jerry Peak West Wilderness Study Area.
                    (C) Corral-Horse Basin Wilderness Study Area.
                    (D) Boulder Creek Wilderness Study Area.
            (2) Release.--Any public land within the areas described in 
        paragraph (1) that is not designated as wilderness by this 
        title--
                    (A) shall not be subject to section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c)); and
                    (B) shall be managed in accordance with land 
                management plans adopted under section 202 of that Act 
                (43 U.S.C. 1712).

             TITLE II--LAND CONVEYANCES FOR PUBLIC PURPOSES

SEC. 201. BLAINE COUNTY, IDAHO.

    (a) Smiley Creek Rural Fire Protection District.--
            (1) Fire station.--
                    (A) In general.--The Secretary of Agriculture 
                (referred to in this subsection as the ``Secretary''), 
                in consultation with the Smiley Creek Rural Fire 
                Protection District, shall identify an appropriate site 
                (not to exceed 2 acres) in the vicinity of the Smiley 
                Creek community, for construction and use of a fire 
                station for the Smiley Creek Rural Fire Protection 
                District.
                    (B) Use.--The Secretary may provide for the use of 
                the site identified under subparagraph (A) through a 
                special use permit or conveyance to the Smiley Creek 
                Rural Fire Protection District, without consideration.
            (2) Well site.--The Secretary may issue a special use 
        permit to the Smiley Creek Rural Fire Protection District for 
        development of a well to be used for fire protection and other 
        public purposes on land identified by the Secretary and the 
        Fire Protection District as appropriate for development of a 
        well.
    (b) School Bus Turnaround.--The Secretary of Agriculture shall 
issue a special use permit or convey, without consideration, to Blaine 
County, Idaho, not to exceed 1 acre of land for use as a school bus 
turnaround, as generally depicted on the map entitled ``Blaine County 
Conveyance--Eagle Creek Parcel--Proposed'' and dated October 1, 2006.

SEC. 202. CUSTER COUNTY, IDAHO.

    (a) Park and Campground.--The Secretary of the Interior shall 
convey to Custer County, Idaho, without consideration, approximately 
114 acres of land depicted as ``Parcel A'' on the map entitled ``Custer 
County and City of Mackay Conveyances'' and dated April 6, 2010, for 
use as a public park and campground, consistent with uses allowed under 
the Act of June 14, 1926 (commonly known as the ``Recreation and Public 
Purposes Act''), (43 U.S.C. 869 et seq.).
    (b) Fire Hall.--The Secretary of the Interior shall convey to 
Custer County, Idaho, without consideration, approximately 10 acres of 
land depicted as ``Parcel B'' on the map entitled ``Custer County and 
City of Mackay Conveyances'' and dated April 6, 2010, for use as a fire 
hall, consistent with uses allowed under the Act of June 14, 1926 
(commonly known as the ``Recreation and Public Purposes Act''), (43 
U.S.C. 869 et seq.).
    (c) Shooting Range.--The Secretary of the Interior shall convey to 
Custer County, Idaho, without consideration, approximately 201 acres of 
land depicted as ``Parcel A'' on the map entitled ``Custer County and 
City of Challis Conveyances'' and dated February 2, 2010, to be used 
for a public shooting range, consistent with uses allowed under the Act 
of June 14, 1926 (commonly known as the ``Recreation and Public 
Purposes Act''), (43 U.S.C. 869 et seq.).
    (d) Waste Transfer Site.--The Secretary of the Interior shall 
convey to Custer County, Idaho, without consideration, approximately 80 
acres of land depicted as ``Parcel C'' on the map entitled ``Custer 
County and City of Mackay Conveyances'' and dated April 6, 2010, to be 
used for a waste transfer site, consistent with uses allowed under the 
Act of June 14, 1926 (commonly known as the ``Recreation and Public 
Purposes Act''), (43 U.S.C. 869 et seq.).
    (e) Public Purposes.--The Secretary of the Interior shall convey to 
the City of Challis, Idaho, without consideration, approximately 460 
acres of land within the area generally depicted as ``Parcel B'' on the 
map entitled ``Custer County and City of Challis Conveyances'' and 
dated February 2, 2010, to be used for public purposes consistent with 
uses allowed under the Act of June 14, 1926 (commonly known as the 
``Recreation and Public Purposes Act''), (43 U.S.C. 869 et seq.)

SEC. 203. CITY OF CLAYTON, IDAHO.

    (a) Cemetery.--The Secretary of the Interior shall convey to the 
City of Clayton, Idaho, without consideration, approximately 23 acres 
of land depicted as ``Parcel A'' on the map entitled ``City of Clayton 
Conveyances'' and dated April 6, 2010, for use as a public cemetery.
    (b) Park.--The Secretary of the Interior shall convey to the City 
of Clayton, Idaho, without consideration, approximately 2 acres of land 
depicted as ``Parcel B'' on the map entitled ``City of Clayton 
Conveyances'' and dated April 6, 2010, for use as a public park or 
other public purpose consistent with uses allowed under the Act of June 
14, 1926 (commonly known as the ``Recreation and Public Purposes 
Act''), (43 U.S.C. 869 et seq.).
    (c) Water Tower.--The Secretary of the Interior shall convey to the 
City of Clayton, Idaho, without consideration, approximately 2 acres of 
land depicted as ``Parcel C'' on the map entitled ``City of Clayton 
Conveyances'' and dated April 6, 2010, for location of a water tower, 
consistent with uses allowed under the Act of June 14, 1926 (commonly 
known as the ``Recreation and Public Purposes Act''), (43 U.S.C. 869 et 
seq.).
    (d) Wastewater Treatment Facility.--The Secretary of the Interior 
shall convey to the City of Clayton, Idaho, without consideration, 
approximately 6 acres of land depicted as ``Parcel D'' on the map 
entitled ``City of Clayton Conveyances'' and dated April 6, 2010 
(including any necessary access right-of-way across the river), for use 
as a wastewater treatment facility, consistent with uses allowed under 
the Act of June 14, 1926 (commonly known as the ``Recreation and Public 
Purposes Act''), (43 U.S.C. 869 et seq.).
    (e) Fire Hall.--The Secretary of the Interior shall convey to the 
City of Clayton, Idaho, without consideration, approximately 2 acres of 
land depicted as ``Parcel E'' on the map entitled ``City of Clayton 
Conveyances'' and dated April 6, 2010, for use as a fire hall and 
related purposes, consistent with uses allowed under the Act of June 
14, 1926 (commonly known as the ``Recreation and Public Purposes 
Act''), (43 U.S.C. 869 et seq.).

SEC. 204. TERMS AND CONDITIONS OF PERMITS OR LAND CONVEYANCES.

    (a) Terms and Conditions.--The issuance of a special use permit or 
the conveyance of land under this title shall be subject to any terms 
and conditions that the Secretary determines to be appropriate.
    (b) Reversionary Interest.--If any parcel of land conveyed under 
this title ceases to be used for the public purpose for which the 
parcel was conveyed, the parcel shall, at the discretion of the 
Secretary, based on a determination that reversion is in the best 
interests of the United States, revert to the United States.

                      TITLE III--TRAVEL MANAGEMENT

SEC. 301. TRAIL MANAGEMENT.

    (a) Germania Creek Trail.--
            (1) In general.--The Secretary shall maintain a trail for 
        single track, 2-wheeled motorized and mechanized travel between 
        the Hemingway-Boulders Wilderness designated by section 
        101(a)(1) and the White Clouds Wilderness designated by section 
        101(a)(2).
            (2) Management.--The Secretary shall manage the trail in 
        accordance with applicable laws--
                    (A) to provide for recreational travel;
                    (B) to minimize any adverse impacts to natural and 
                cultural resources; and
                    (C) subject to such terms and conditions as the 
                Secretary may require.
            (3) Monitoring.--The Secretary shall monitor the trail to 
        assess whether the trail is appropriately maintained--
                    (A) to provide for recreational travel; and
                    (B) to minimize any adverse impacts to natural and 
                cultural resources.
            (4) Closure.--The Secretary may temporarily close the trail 
        to any or all uses--
                    (A) to minimize any adverse impacts to natural and 
                cultural resources;
                    (B) to protect public safety;
                    (C) for maintenance or other administrative uses; 
                or
                    (D) to provide opportunities for nonmotorized uses.
    (b) Forest Service Trails 109 and 671.--
            (1) Closure.--Subject to paragraph (2), the following 
        Forest Service trails in the Sawtooth National Recreation Area 
        shall be closed to motorized and mechanized travel:
                    (A) The portion of Forest Service Trail 109 between 
                the Phyllis Lake turnoff to 4th of July Lake and the 
                south side of Washington Lake.
                    (B) Forest Service Trail 671 down Warm Springs 
                Creek from Forest Service Trail 646 to the wilderness 
                boundary.
            (2) Exceptions.--On the trails identified in paragraph (1), 
        the Secretary may permit--
                    (A) use by over-snow vehicles when the snow cover 
                is adequate--
                            (i) to provide safe recreational travel; 
                        and
                            (ii) to minimize any adverse impacts to 
                        natural and cultural resources; and
                    (B) such administrative uses as the Secretary 
                determines to be necessary.
    (c) Frog Lake Loop Trail.--
            (1) In general.--Neither the designation of the White 
        Clouds Wilderness by section 101(a)(2) nor the exclusion of 
        portions of Forest Service trails 047 and 682 (commonly known 
        as the ``Frog Lake Loop Trail'') from the wilderness shall 
        affect the management of those trails for motorized or 
        mechanized travel in accordance with existing laws.
            (2) Limitation on use.--If the Secretary allows for 
        motorized or mechanized travel on portions of Forest Service 
        trails 047 and 682, the trails shall be limited to single 
        track, 2-wheeled motorized and mechanized use.
    (d) Accessible Trail.--The Secretary shall make such improvements 
as may be necessary to maintain the first mile of the Murdock Creek 
Trail as a primitive, nonpaved, and wheelchair-accessible trail.
                                 <all>
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