II 

Calendar No. 651 

110TH CONGRESS 

2D SESSION S. 1802 

[Report No. 110–299] 

To adjust the boundaries of the Frank Church River of No Return Wilderness 

in the State of Idaho. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2007 

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

to the Committee on Energy and Natural Resources 

APRIL 10, 2008 

Reported by Mr. BINGAMAN, with an amendment 

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

A BILL 

To adjust the boundaries of the Frank Church River of 

No Return Wilderness in the State of Idaho. 

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 Wilderness 

5 Boundary Modification Act of 2007’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to adjust the boundaries of the wilderness 

4 area; and 

5 (2) to authorize the Secretary to resolve con6 flicts relating to the private use of the land des7 ignated for exclusion. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) LAND DESIGNATED FOR EXCLUSION.—The 

11 term ‘‘land designated for exclusion’’ means the par12 cel of land that is— 

13 (A) comprised of approximately 10.197 

14 acres of land; 

15 (B) depicted on the survey; and 

16 (C) more particularly described as— 

17 (i) beginning at the point of intersec18 tion of a line parallel with, and offset 300 

19 feet northwesterly from, the line between 

20 corners 2 and 3, Homestead Entry Survey 

21 No. 74, and a line parallel with, and offset 

22 300 feet northwesterly from, the line be23 tween corners 3 and 4, Homestead Entry 

24 Survey No. 74; 

25 (ii) thence north, 946.94 feet to the 

26 point of intersection with a line parallel 


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1 with, and offset 300 feet southwesterly 

2 from, the line between corners 1 and 8, 

3 Homestead Entry Survey No. 135; 

4 (iii) thence S. 52056’ 28’’ E., 271.13 

5 feet along said line to the point of intersec6 tion with a line parallel with, and offset 

7 300 feet southerly from, the line between 

8 corners 7 and 8, Homestead Entry Survey 

9 No. 135; 

10 (iv) thence along said line N. 81°34’ 

11 20’’ E., 868.03 feet to the point of inter12 section with a line parallel with, and offset 

13 300 feet northwesterly from, the line be14 tween corners 4 and 5, Homestead Entry 

15 Survey No. 74; 

16 (v) thence along said line S. 4640’ 

17 46’’ W., 509.91 feet to the point of inter18 section with a line parallel with, and offset 

19 300 feet northwesterly from, the line be20 tween corners 3 and 4, Homestead Entry 

21 Survey No. 74; and 

22 (vi) thence along said line S. 51027’ 

23 18’’ W., 900.18 feet, to the point of begin24 ning. 


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1 (2) LAND DESIGNATED FOR INCLUSION.—The 

2 term ‘‘land designated for inclusion’’ means the par3 cel of National Forest System land that is— 

4 (A) comprised of approximately 10.2 acres 

5 of land; 

6 (B) located in unsurveyed section 22, T. 

7 14 N., R. 13 E., Boise Meridian, Custer Coun8 ty, Idaho; and 

9 (C) more particularly described as— 

10 (i) beginning at the point of intersec11 tion of the westerly extension of the east12 west line passing through the confluence of 

13 No Name Creek and Loon Creek with the 

14 6000-foot contour; 

15 (ii) thence east to the 6200-foot con16 tour; 

17 (iii) thence northerly along the 6200- 

18 foot contour 312 feet; 

19 (iv) thence west to the 6000-foot con20 tour; and 

21 (v) thence along the 6000-foot contour 

22 308 feet to the point of beginning. 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture. 


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1 (4) SURVEY.—The term ‘‘survey’’ means the 

2 survey plat entitled ‘‘Proposed Boundary Chage 

3 FCRONRW Sections 15 (Unsurveyed), Township 14 

4 North, Range 13 East, B.M. Custer County, Idaho’’, 

5 prepared by C. Hoffman & Schroeder, and dated 

6 November 14, 2001. 

7 (5) WILDERNESS AREA.—The term ‘‘wilderness 

8 area’’ means the Frank Church River of No Return 

9 Wilderness designated by section 3 of the Central 

10 Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 

11 94 Stat. 948). 

12 SEC. 4. BOUNDARY ADJUSTMENT. 

13 (a) ADJUSTMENT TO WILDERNESS AREA.— 

14 (1) INCLUSION.—The wilderness area shall in15 clude the land designated for inclusion. 

16 (2) EXCLUSION.—The wilderness area shall not 

17 include the land designated for exclusion. 

18 (b) CORRECTIONS TO SURVEY.—The Secretary may 

19 make corrections to the survey. 

20 (c) AUTHORIZATION OF SECRETARY.—Notwith21 standing the acreage requirement described in section 3(2) 

22 of Public Law 97–465 (commonly known as the ‘‘Small 

23 Tracts Act’’) (16 U.S.C. 521e(2)), the Secretary may re24 solve any encroachment on the land designated for exclu25 sion in accordance with that section. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Idaho Wilderness 

3 Boundary Modification Act of 2008’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to adjust the boundaries of the wilderness 

7 area; and 

8 (2) to authorize the Secretary to sell the land 

9 designated for removal from the wilderness area due 

10 to encroachment. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) LAND DESIGNATED FOR EXCLUSION.—The 

14 term ‘‘land designated for exclusion’’ means the parcel 

15 of land that is— 

16 (A) comprised of approximately 10.2 acres 

17 of land; 

18 (B) generally depicted on the survey plat 

19 entitled ‘‘Proposed Boundary Change 

20 FCRONRW Sections 15 (unsurveyed) Township 

21 14 North, Range 13 East, B.M., Custer County, 

22 Idaho’’ and dated November 14, 2001; and 

23 (C) more particularly described in the sur24 vey plat and legal description on file in— 

25 (i) the office of the Chief of the Forest 

26 Service, Washington, DC; and 


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1 (ii) the office of the Intermountain Re2 gional Forester, Ogden, Utah. 

3 (2) LAND DESIGNATED FOR INCLUSION.—The 

4 term ‘‘land designated for inclusion’’ means the par5 cel of National Forest System land that is— 

6 (A) comprised of approximately 10.2 acres 

7 of land; 

8 (B) located in unsurveyed section 22, T. 14 

9 N., R. 13 E., Boise Meridian, Custer County, 

10 Idaho; 

11 (C) generally depicted on the map entitled 

12 ‘‘Challis National Forest, T.14 N., R. 13 E., 

13 B.M., Custer County, Idaho, Proposed Boundary 

14 Change FCRONRW’’ and dated September 19, 

15 2007; and 

16 (D) more particularly described on the map 

17 and legal description on file in— 

18 (i) the office of the Chief of the Forest 

19 Service, Washington, DC; and 

20 (ii) the Intermountain Regional For21 ester, Ogden, Utah. 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture. 

24 (4) WILDERNESS AREA.—The term ‘‘wilderness 

25 area’’ means the Frank Church River of No Return 


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1 Wilderness designated by section 3 of the Central 

2 Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 

3 94 Stat. 948). 

4 SEC. 4. BOUNDARY ADJUSTMENT. 

5 (a) ADJUSTMENT TO WILDERNESS AREA.— 

6 (1) INCLUSION.—The wilderness area shall in7 clude the land designated for inclusion. 

8 (2) EXCLUSION.—The wilderness area shall not 

9 include the land designated for exclusion. 

10 (b) CORRECTIONS TO LEGAL DESCRIPTIONS.—The 

11 Secretary may make corrections to the legal descriptions. 

12 SEC. 5. CONVEYANCE OF LAND DESIGNATED FOR EXCLU13 SION. 

14 (a) IN GENERAL.—Subject to subsection (b), to resolve 

15 the encroachment on the land designated for exclusion, the 

16 Secretary may sell for consideration in an amount equal 

17 to fair market value— 

18 (1) the land designated for exclusion; and 

19 (2) as the Secretary determines to be necessary, 

20 not more than 10 acres of land adjacent to the land 

21 designated for exclusion. 

22 (b) CONDITIONS.—The sale of land under subsection 

23 (a) shall be subject to the conditions that— 


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1 (1) the land to be conveyed be appraised in ac2 cordance with the Uniform Appraisal Standards for 

3 Federal Land Acquisitions; 

4 (2) the person buying the land shall pay— 

5 (A) the costs associated with appraising 

6 and, if the land needs to be resurveyed, resur7 veying the land; and 

8 (B) any analyses and closing costs associ9 ated with the conveyance; 

10 (3) for management purposes, the Secretary may 

11 reconfigure the description of the land for sale; and 

12 (4) the owner of the adjacent private land shall 

13 have the first opportunity to buy the land. 

14 (c) DISPOSITION OF PROCEEDS.— 

15 (1) IN GENERAL.—The Secretary shall deposit 

16 the cash proceeds from a sale of land under subsection 

17 (a) in the fund established under Public Law 90–171 

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

19 484a). 

20 (2) AVAILABILITY AND USE.—Amounts deposited 

21 under paragraph (1)— 

22 (A) shall remain available until expended 

23 for the acquisition of land for National Forest 

24 purposes in the State of Idaho; and 


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1 (B) shall not be subject to transfer or re2 programming for— 

3 (i) wildland fire management; or 

4 (ii) any other emergency purposes. 


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Calendar No. 651 

110TH CONGRESS 

2D SESSION S. 1802 

[Report No. 110

–299] 

A BILL 

To adjust the boundaries of the Frank Church 

Idaho. River of No Return Wilderness in the State of 

APRIL 10, 2008 

Reported with an amendment 


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