I 

108TH CONGRESS 

2D SESSION H. R. 5343

To promote the economic development and recreational use of National Forest 

System lands and other public lands in central Idaho, to designate 

certain lands in the Challis National Forest, the Sawtooth National 

Recreation Area, and the Challis District of the Bureau of Land Management as the Boulder-White Cloud Management Area to ensure the continued management of these lands for recreational use as well as for 

conservation and resource protection, to add certain National Forest 

System lands and Bureau of Land Management lands in central Idaho 

to the National Wilderness Preservation System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004

Mr. SIMPSON introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To promote the economic development and recreational use 

of National Forest System lands and other public lands 

in central Idaho, to designate certain lands in the Challis 

National Forest, the Sawtooth National Recreation Area, 

and the Challis District of the Bureau of Land Management as the Boulder-White Cloud Management Area to 

ensure the continued management of these lands for 

recreational use as well as for conservation and resource 

protection, to add certain National Forest System lands 

and Bureau of Land Management lands in central Idaho 
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to the National Wilderness Preservation System, 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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Central Idaho Economic Development and Recreation 

6 Act of 2004’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows:

Sec. 1. Short title and table of contents. 

TITLE I—CENTRAL IDAHO ECONOMIC DEVELOPMENT AND 

RECREATION PROMOTION 

Sec. 101. Land conveyance, certain Sawtooth National Recreation Area land to 

Custer County, Idaho. 

Sec. 102. Land conveyance, certain Challis National Forest land to Custer 

County, Idaho. 

Sec. 103. Land conveyance, certain Sawtooth National Forest and BLM land 

to Blaine County, Idaho. 

Sec. 104. Land conveyance, designated National Forest Systems land to city of 

Stanley, Idaho. 

Sec. 105. Land conveyance, designated BLM land to city of Clayton, Idaho. 

Sec. 106. Land conveyance, designated BLM land to city of Mackay, Idaho. 

Sec. 107. Land conveyance, designated BLM land to city of Challis, Idaho. 

Sec. 108. Land conveyance authority, support for recreation and tourism development, National Forest System land and public land in central Idaho. 

Sec. 109. Stanley-Red Fish Lake bike and snowmobile trail. 

Sec. 110. Support for outfitter and guide activities. 

Sec. 111. Red trees phase II study regarding forest health and public safety. 

Sec. 112. Grants to support sustainable economic development and recreation. 

Sec. 113. Continuation of public access to Bowery National Forest Guard Station. 

Sec. 114. Resumption of public access to Herd Lake Campground. 

TITLE II—BOULDER-WHITE CLOUD MANAGEMENT AREA 

Sec. 201. Establishment of management area. 

Sec. 202. Land acquisition in management area. 

Sec. 203. Motorized and mechanized travel. 

Sec. 204. Support and use of Idaho Off Road Motor Vehicle Program. 

TITLE III—CENTRAL IDAHO WILDERNESS AREAS 
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Sec. 301. Additions to National Wilderness Preservation System. 

Sec. 302. General administration of wilderness areas. 

Sec. 303. Incorporation of acquired lands and interests. 

Sec. 304. Adjacent management. 

Sec. 305. Wildfire management. 

Sec. 306. Water rights. 

Sec. 307. Wildlife management. 

Sec. 308. Native American cultural and religious uses. 

Sec. 309. Military overflights. 

Sec. 310. Wilderness review. 

TITLE IV—WAIVER OF GRAZING PERMITS 

Sec. 401. Findings and purpose. 

Sec. 402. Voluntary grazing permit waiver program. 

Sec. 403. Compensation. 

Sec. 404. Rules of construction.

1 TITLE I—CENTRAL IDAHO ECO2 NOMIC DEVELOPMENT AND 

3 RECREATION PROMOTION 

4 SEC. 101. LAND CONVEYANCE, CERTAIN SAWTOOTH NA5 TIONAL RECREATION AREA LAND TO CUSTER 

6 COUNTY, IDAHO. 

7 (a) CONVEYANCE REQUIRED.—The Secretary of Ag8 riculture, acting through the Chief of the Forest Service, 

9 shall convey, without consideration, to Custer County, 

10 Idaho, all right, title, and interest of the United States 

11 in and to the parcels of Federal land in the Sawtooth Na12 tional Recreation Area identified for conveyance under 

13 this section on the map entitled ‘‘Custer County Sawtooth 

14 Conveyance’’ and dated November 1, 2004. 

15 (b) USE OF CONVEYED LAND.—In making the con16 veyance under subsection (a) to the County, the Secretary 

17 shall include deed restrictions relating to the use of the 
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1 conveyed land to ensure that such use is consistent with 

2 the planning process of the County and management of 

3 the Sawtooth National Recreation Area. 

4 (c) SURVEY.—The exact acreage and legal descrip5 tion of the land to be conveyed under subsection (a) shall 

6 be determined by a survey satisfactory to the Secretary. 

7 The cost of the survey shall be borne by the Secretary. 

8 (d) ADDITIONAL TERM AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

10 in connection with the conveyance under subsection (a) as 

11 the Secretary considers appropriate to protect the inter12 ests of the United States. 

13 SEC. 102. LAND CONVEYANCE, CERTAIN CHALLIS NA14 TIONAL FOREST LAND TO CUSTER COUNTY, 

15 IDAHO. 

16 (a) CONVEYANCE REQUIRED.—The Secretary of Ag17 riculture, acting through the Chief of the Forest Service, 

18 shall convey, without consideration, to Custer County, 

19 Idaho, all right, title, and interest of the United States 

20 in and to the parcels of Federal land in the Challis Na21 tional Forest identified for conveyance under this section 

22 on the map entitled ‘‘Custer County Challis Conveyance’’ 

23 and dated November 1, 2004. 

24 (b) TREATMENT OF ROADS AND TRAILS.—In making 

25 the conveyance under subsection (a) to the County, the 
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1 Secretary shall include deed restrictions to ensure that any 

2 roads and trails located on the conveyed land remain open 

3 to public use notwithstanding any subsequent conveyance 

4 of the land by the County. 

5 (c) SURVEY.—The exact acreage and legal descrip6 tion of the land to be conveyed under subsection (a) shall 

7 be determined by a survey satisfactory to the Secretary. 

8 The cost of the survey shall be borne by the Secretary. 

9 (d) ADDITIONAL TERM AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions 

11 in connection with the conveyance under subsection (a) as 

12 the Secretary considers appropriate to protect the inter13 ests of the United States. 

14 SEC. 103. LAND CONVEYANCE, CERTAIN SAWTOOTH NA15 TIONAL FOREST AND BLM LAND TO BLAINE 

16 COUNTY, IDAHO. 

17 (a) CONVEYANCE REQUIRED.—The Secretary of Ag18 riculture, acting through the Chief of the Forest Service, 

19 and the Secretary of the Interior, acting through the Di20 rector of the Bureau of Land Management, shall convey, 

21 without consideration, to Blaine County, Idaho, all right, 

22 title, and interest of the United States in and to the par23 cels of Federal land in the Sawtooth National Forest and 

24 Bureau of Land Management land identified for convey-
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1 ance under this section on the map entitled ‘‘Blaine Coun2 ty Conveyance’’ and dated November 1, 2004. 

3 (b) TREATMENT OF ROADS AND TRAILS.—In making 

4 the conveyance under subsection (a) to the County, the 

5 Secretary shall include deed restrictions to ensure that any 

6 roads and trails located on the conveyed land remain open 

7 to public use notwithstanding any subsequent conveyance 

8 of the land by the County. 

9 (c) SURVEY.—The exact acreage and legal descrip10 tion of the land to be conveyed under subsection (a) shall 

11 be determined by a survey satisfactory to the Secretary. 

12 The cost of the survey shall be borne by the Secretary. 

13 (d) ADDITIONAL TERM AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions 

15 in connection with the conveyance under subsection (a) as 

16 the Secretary considers appropriate to protect the inter17 ests of the United States. 

18 SEC. 104. LAND CONVEYANCE, DESIGNATED NATIONAL 

19 FOREST SYSTEMS LAND TO CITY OF STAN20 LEY, IDAHO. 

21 (a) CONVEYANCE REQUIRED.—The Secretary of Ag22 riculture, acting through the Chief of the Forest Service, 

23 shall convey, without consideration, to the city of Stanley, 

24 Idaho, all right, title, and interest of the United States 

25 in and to the parcels of National Forest System land iden-
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1 tified for conveyance under this section on the map enti2 tled ‘‘City of Stanley Conveyance’’ and dated November 

3 1, 2004. 

4 (b) SURVEY.—The exact acreage and legal descrip5 tion of the land to be conveyed under subsection (a) shall 

6 be determined by a survey satisfactory to the Secretary. 

7 The cost of the survey shall be borne by the Secretary. 

8 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

10 in connection with the conveyance under subsection (a) as 

11 the Secretary considers appropriate to protect the inter12 ests of the United States. 

13 SEC. 105. LAND CONVEYANCE, DESIGNATED BLM LAND TO 

14 CITY OF CLAYTON, IDAHO. 

15 (a) CONVEYANCE REQUIRED.—The Secretary of the 

16 Interior, acting through the Director of the Bureau of 

17 Land Management, shall convey, without consideration, to 

18 the city of Clayton, Idaho, all right, title, and interest of 

19 the United States in and to the Bureau of Land Manage20 ment land identified for conveyance under this section on 

21 the map entitled ‘‘City of Clayton Conveyance’’ and dated 

22 November 1, 2004. 

23 (b) SURVEY.—The exact acreage and legal descrip24 tion of the land to be conveyed under subsection (a) shall 
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1 be determined by a survey satisfactory to the Secretary. 

2 The cost of the survey shall be borne by the Secretary. 

3 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with the conveyance under subsection (a) as 

6 the Secretary considers appropriate to protect the inter7 ests of the United States. 

8 SEC. 106. LAND CONVEYANCE, DESIGNATED BLM LAND TO 

9 CITY OF MACKAY, IDAHO. 

10 (a) CONVEYANCE REQUIRED.—The Secretary of the 

11 Interior, acting through the Director of the Bureau of 

12 Land Management, shall convey, without consideration, to 

13 the city of Mackay, Idaho, all right, title, and interest of 

14 the United States in and to the Bureau of Land Manage15 ment land identified for conveyance under this section on 

16 the map entitled ‘‘City of Mackay Conveyance’’ and dated 

17 November 1, 2004. 

18 (b) SURVEY.—The exact acreage and legal descrip19 tion of the land to be conveyed under subsection (a) shall 

20 be determined by a survey satisfactory to the Secretary. 

21 The cost of the survey shall be borne by the Secretary. 

22 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec23 retary may require such additional terms and conditions 

24 in connection with the conveyance under subsection (a) as 
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1 the Secretary considers appropriate to protect the inter2 ests of the United States. 

3 SEC. 107. LAND CONVEYANCE, DESIGNATED BLM LAND TO 

4 CITY OF CHALLIS, IDAHO. 

5 (a) CONVEYANCE REQUIRED.—The Secretary of the 

6 Interior, acting through the Director of the Bureau of 

7 Land Management, shall convey, without consideration, to 

8 the city of Challis, Idaho, all right, title, and interest of 

9 the United States in and to the Bureau of Land Manage10 ment land identified for conveyance under this section on 

11 the map entitled ‘‘City of Challis Conveyance’’ and dated 

12 November 1, 2004. 

13 (b) SURVEY.—The exact acreage and legal descrip14 tion of the land to be conveyed under subsection (a) shall 

15 be determined by a survey satisfactory to the Secretary. 

16 The cost of the survey shall be borne by the Secretary. 

17 (c) ADDITIONAL TERM AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions 

19 in connection with the conveyance under subsection (a) as 

20 the Secretary considers appropriate to protect the inter21 ests of the United States. 
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1 SEC. 108. LAND CONVEYANCE AUTHORITY, SUPPORT FOR 

2 RECREATION AND TOURISM DEVELOPMENT, 

3 NATIONAL FOREST SYSTEM LAND AND PUB4 LIC LAND IN CENTRAL IDAHO. 

5 (a) RECREATION AND TOURISM DEVELOPMENT.—

6 The Secretary of Agriculture, in the case of National For7 est System land, and the Secretary of the Interior, in the 

8 case of public land administered through the Bureau of 

9 Land Management, may convey, without consideration, to 

10 Custer County or the State of Idaho all right, title, and 

11 interest of the United States in and to small parcels of 

12 National Forest System land or public land, not to exceed 

13 100 acres per parcel, to permit the County and State to 

14 use the land to create or expand public campgrounds, de15 velop tourism and recreational opportunities, and secure 

16 access to trails in or in the vicinity of the Boulder-White 

17 Cloud Management Area established by title II. Federal 

18 land adjacent to or near Mackay Reservoir may be selected 

19 by the Secretary concerned for conveyance under this sub20 section. 

21 (b) MOTORIZED RECREATION PARKS.—The Sec22 retary of the Interior shall convey, without consideration, 

23 to the State of Idaho all right, title, and interest of the 

24 United States in and to four parcels of public land admin25 istered through the Bureau of Land Management, con26 sisting of approximately 300 acres per parcel, located near 
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1 Boise, Twin Falls, Idaho Falls, and Pocatello, Idaho, to 

2 permit the State to use the land to create motorized recre3 ation parks. 

4 (c) SURVEY.—The exact acreage and legal descrip5 tion of land to be conveyed under this section shall be de6 termined by a survey satisfactory to the Secretary con7 cerned. The cost of the survey shall be borne by the recipi8 ent of the land. 

9 (d) ADDITIONAL TERM AND CONDITIONS.—The Sec10 retary concerned may require such additional terms and 

11 conditions in connection with a conveyance under this sec12 tion as the Secretary considers appropriate to protect the 

13 interests of the United States. 

14 SEC. 109. STANLEY-RED FISH LAKE BIKE AND SNOWMOBILE 

15 TRAIL. 

16 (a) DEVELOPMENT OF TRAIL.—The Secretary of Ag17 riculture shall design, construct, and maintain a paved 

18 trail along Highway 75 between the city of Stanley, Idaho, 

19 and Red Fish Lake that is designated for use—

20 (1) by pedestrians and non-motorized vehicles 

21 generally; and 

22 (2) as a snowmobile route when there is ade23 quate snow cover. 

24 (b) ACQUISITION FROM WILLING SELLERS.—Any 

25 land or interests in land to be acquired by the Secretary 
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1 for construction of the paved trail required by subsection 

2 (a) shall be acquired only by donation or by purchase from 

3 willing sellers. 

4 (c) OTHER TRAIL CONSTRUCTION AND MAINTE5 NANCE ACTIVITIES.—There is authorized to be appro6 priated $250,000 for the construction and maintenance of 

7 other trails for mechanized bikes in the State of Idaho. 

8 Amounts appropriated pursuant to this authorization of 

9 appropriations shall remain available until expended. 

10 SEC. 110. SUPPORT FOR OUTFITTER AND GUIDE ACTIVI11 TIES. 

12 (a) EXISTING OPERATING PERMITS.—Before the end 

13 of the one-year period beginning on the date of the enact14 ment of this Act, the Secretary of Agriculture and the Sec15 retary of the Interior shall grant a 10-year extension of 

16 each guide or outfitter operating permit that, as of the 

17 date of the enactment of this Act, authorized activities on 

18 lands included in the Boulder-White Cloud Management 

19 Area established by title II or a wilderness area designated 

20 by subtitle III. The Secretary concerned may refuse to 

21 grant the extension of a permit only if the Secretary deter22 mines that the permittee has not operated in a satisfactory 

23 manner in compliance with the terms and conditions of 

24 the permit. The Secretary concerned may require the 
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1 modification of the extended permit as necessary to com2 ply with the requirements of this Act. 

3 (b) FUTURE OUTFITTER AND GUIDE ACTIVITIES.—

4 Future extensions of outfitter and guide activities and per5 mits for outfitters on lands included in the Boulder-White 

6 Cloud Management Area established by title II or a wil7 derness area designated by subtitle III shall be adminis8 tered in accordance with this Act and other applicable land 

9 or resource management plans. No person shall conduct 

10 outfitter and guide activities on such Federal land except 

11 as authorized by the Secretary concerned. 

12 SEC. 111. RED TREES PHASE II STUDY REGARDING FOREST 

13 HEALTH AND PUBLIC SAFETY. 

14 (a) STUDY REQUIRED.—Not later than June 1, 

15 2005, the Secretary of Agriculture shall complete and sub16 mit to Congress a Red Trees Phase II study evaluating, 

17 in accordance with Federal laws and regulations, nec18 essary landscape approaches to risk assessment to identify 

19 forest health projects that, if implemented, will effectively 

20 mitigate major fire risks on lands included in the Saw21 tooth National Recreation Area. The Secretary shall in22 clude, as part of the submission to Congress, such rec23 ommendations as the Secretary considers appropriate for 

24 the timely implementation of the projects, the local utiliza25 tion of forest products derived from the projects, and con-
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1 servation measures to protect soil, water, wildlife, recre2 ation, and scenic values. 

3 (b) TREATMENT OF PROCEEDS.—Notwithstanding 

4 any other provision of law, proceeds derived from any for5 est health project recommended as part of the study re6 quired by subsection (a), in excess of the costs incurred 

7 to administer the project, shall be available to the Sec8 retary, without appropriation and until expended, to carry 

9 out conservation projects in the Boulder-White Clouds 

10 Management Area established by title II. 

11 SEC. 112. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC 

12 DEVELOPMENT AND RECREATION. 

13 (a) GRANT TO CUSTER COUNTY, IDAHO.—There is 

14 appropriated to the Secretary of Agriculture, out of any 

15 funds in the Treasury not otherwise appropriated, 

16 $5,000,000, which shall be used by the Secretary to make 

17 a grant to Custer County, Idaho, in the full amount so 

18 appropriated. The grant recipient shall use the grant 

19 funds to support sustainable economic development in 

20 Custer County. 

21 (b) GRANT TO STATE OF IDAHO.—There is appro22 priated to the Secretary of Agriculture, out of any funds 

23 in the Treasury not otherwise appropriated, $500,000, 

24 which shall be used by the Secretary to make a grant to 

25 the State of Idaho Parks and Recreation Department, in 
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1 the full amount so appropriated. The grant recipient shall 

2 use the grant funds to purchase Bayhorse Campground 

3 for use as a State park. 

4 SEC. 113. CONTINUATION OF PUBLIC ACCESS TO BOWERY 

5 NATIONAL FOREST GUARD STATION. 

6 (a) CONSTRUCTION OF ROAD AND BRIDGE.—To en7 sure continued public access to the Bowery Guard Station, 

8 the Secretary of Agriculture shall construct a new road 

9 on National Forest System lands, to the east of the exist10 ing private property line on the east side of the Leisinger 

11 property, and a new bridge over West Pass Creek as part 

12 of such road. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary such sums 

15 as may be necessary to carry out this section. Amounts 

16 appropriated pursuant to this authorization of appropria17 tions shall remain available until expended. 

18 SEC. 114. RESUMPTION OF PUBLIC ACCESS TO HERD LAKE 

19 CAMPGROUND. 

20 The Secretary of the Interior shall allow motorized 

21 access to the Herd Lake Campground and reopen the 

22 campground for public use, including overnight camping, 

23 under the administration of the Bureau of Land Manage24 ment. 
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1 TITLE II—BOULDER-WHITE 

2 CLOUD MANAGEMENT AREA 

3 SEC. 201. ESTABLISHMENT OF MANAGEMENT AREA. 

4 (a) PURPOSE.—Certain Federal lands in central 

5 Idaho offer outstanding opportunities for many forms of 

6 recreation, including mountain biking, snowmobiling, and 

7 the use of off-road motorized vehicles. The purpose of this 

8 title is to statutorily provide for the continued manage9 ment of these lands for these recreational opportunities, 

10 as well as for conservation and resource protection in ac11 cordance with the existing management authorities for 

12 these lands, whether the lands are lands included in the 

13 Challis National Forest, lands previously included in the 

14 Sawtooth National Recreation Area established by Public 

15 Law 92–400 (16 U.S.C. 460aa et seq.), or public lands 

16 managed by the Bureau of Land Management. 

17 (b) ESTABLISHMENT.—Certain Federal lands in the 

18 Challis National Forest, the Sawtooth National Recreation 

19 Area, and the Challis District of the Bureau of Land Man20 agement, which comprise approximately llll acres 

21 and are generally depicted on the map entitled ‘‘Boulder22 White Cloud Management Area proposal’’, are hereby es23 tablished as the Boulder White Cloud Management Area 

24 (in this title referred to as the ‘‘management area’’) and 

25 shall be managed as provided by this title. 
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1 (c) ADMINISTRATION.—Except as otherwise provided 

2 in this title, the Secretary of Agriculture, in the case of 

3 National Forest System lands included in the management 

4 area, and the Secretary of the Interior, in the case of pub5 lic lands included in the management area, in this title 

6 referred to as the ‘‘Secretary concerned’’, shall administer 

7 the management area in accordance with this title and the 

8 laws and regulations generally applicable to the National 

9 Forest System lands and the public lands included in the 

10 management area. Lands included in the management 

11 area that are also included in the Sawtooth National 

12 Recreation Area shall also be administered in accordance 

13 with Public Law 92–400 (16 U.S.C. 460aa et seq.). 

14 (d) DEVELOPMENT.—No new roads may be con15 structed within the management area, except as necessary 

16 for access to campgrounds and other recreation areas as 

17 determined by the Secretary concerned. Roads may be 

18 maintained and relocated as necessary. The Secretary con19 cerned shall permit the mining and removal of gravel, 

20 sand, and rock along existing roads in the management 

21 area as necessary for road maintenance in accordance with 

22 the applicable management plan. 

23 (e) TIMBER HARVESTING.—Timber harvesting shall 

24 be allowed on lands in the management area only in ac25 cordance with the management plan applicable to the 
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1 lands and for necessary control of fire, insects, and dis2 eases and for public safety. 

3 (f) TRAIL MAINTENANCE AND IMPROVEMENT.—

4 There is authorized to be appropriated to the Secretary 

5 of Agriculture and the Secretary of the Interior $500,000 

6 for trail maintenance and other improvements related to 

7 outfitting, guiding, hiking, and horseback use within the 

8 management area. Amounts appropriated pursuant to this 

9 authorization of appropriations shall remain available 

10 until expended. 

11 SEC. 202. LAND ACQUISITION IN MANAGEMENT AREA. 

12 (a) LAND ACQUISITION.—The Secretary concerned 

13 may acquire, by donation or purchase from willing sellers, 

14 lands and interests in lands—

15 (1) located inside the boundaries of the man16 agement area; or 

17 (2) located adjacent to the management area to 

18 provide easements for additional public access to the 

19 management area. 

20 (b) NO USE OF CONDEMNATION.—No lands or inter21 ests in lands may be acquired by condemnation for inclu22 sion in the management area or to provide access to the 

23 management area. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated not more than $5,000,000 
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1 to carry out this section. Amounts appropriated pursuant 

2 to this authorization of appropriations shall remain avail3 able until expended. 

4 SEC. 203. MOTORIZED AND MECHANIZED TRAVEL. 

5 (a) MOTORIZED AND MECHANIZED TRAVEL AU6 THORIZED.—Motorized and mechanized travel shall con7 tinue in the management area, but only on designated 

8 trails, routes, and areas in accordance with Forest Service 

9 and Bureau of Land Management travel plans and maps 

10 in existence as of September 1, 2003, which managed 

11 recreation use for the specific areas, roads, and trails on 

12 lands included in the management area. Not later than 

13 one year after the date of the enactment of this Act, the 

14 Secretary concerned shall identify such routes, trails, and 

15 areas and shall prepare and make available to the public 

16 a map showing such routes, trails, and areas. 

17 (b) ESTABLISHMENT OR USE OF OTHER TRAILS AND

18 ROUTES.—Notwithstanding subsection (a), other trails 

19 and routes may be used for motorized and mechanized 

20 travel whenever the Secretary concerned considers such 

21 use to be necessary for administrative purposes or to re22 spond to an emergency. 

23 (c) ROUTE AND TRAIL CLOSURES.—The following 

24 roads or trails shall be closed to motorized trail use, except 
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1 when there is adequate snowcover to permit snowmobile 

2 use: 

3 (1) Forest Service Trail 109 between the Phyl4 lis Lake turnoff to 4th of July Lake and the north 

5 side of Washington Lake. 

6 (2) Forest Service Trail 671 up Warm Springs 

7 Creek from Trail 104 to the wilderness boundary. 

8 (d) GROUNDS FOR TRAIL CLOSURES.—Resource 

9 damage that can be mitigated and issues of user conflict 

10 shall not be used as grounds for the closure of a trail or 

11 route in the management area, although the Secretary 

12 concerned may close any trail or route, or prohibit the use 

13 of trail or route for motorized and mechanize travel, if 

14 the Secretary determines that such closure or prohibition 

15 is the only reasonable means available for resourse protec16 tion or public safety. 

17 (e) MITIGATION OF TRAIL CLOSURES.—If the Sec18 retary determines under subsection (d) that closing an 

19 available trail or route in the management area is nec20 essary for resource protection or public safety, the Sec21 retary shall take any of the following mitigation actions, 

22 intended to provide commensurate motorized recreation 

23 opportunities elsewhere in the management area: 
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1 (1) Repair resource damage and secure condi2 tions so that closed trails may be reopened to motor3 ized use. 

4 (2) Replace, relocate, or reroute a trail or trail 

5 segment. 

6 (3) Upgrade existing trails so as increase user 

7 capacity. 

8 (4) A combination of the actions specified in 

9 paragraphs (1), (2), and (3) and other actions to 

10 achieve the overall mitigation objective. 

11 (f) RELATION TO OTHER LAWS.—In considering 

12 mitigation actions under subsection (e), the Secretary con13 cerned shall ensure that such action is consistent with the 

14 overall objectives of the management area. If the lands 

15 are also included in the Sawtooth National Recreation 

16 Area, the Secretary concerned shall also administer the 

17 action in accordance with Public Law 92–400 (16 U.S.C. 

18 460aa et seq.), the travel plan in existence as of Sep19 tember 1, 2003, for the Sawtooth National Recreation 

20 Area, and executive orders and other relevant laws and 

21 regulations existing on or before that date. 

22 SEC. 204. SUPPORT AND USE OF IDAHO OFF ROAD MOTOR 

23 VEHICLE PROGRAM. 

24 (a) GRANT TO PROGRAM.—There is authorized to be 

25 appropriated to the Secretary of Agriculture not more 
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1 than $1,000,000, which shall be used by the Secretary to 

2 make a grant to the State of Idaho in the full amount 

3 so appropriated for deposit with the Off Road Motor Vehi4 cle Program of the Idaho Department of State Parks and 

5 Recreation, which is used to support the acquisition, pur6 chase, improvement, repair, maintenance, furnishing, and 

7 equipping of off-road motor vehicle facilities and sites, to 

8 groom snowmobile trails, and for enforcement activities 

9 and the rehabilitation of land damaged by off-road vehicle 

10 users. As a condition of the grant, the State must main11 tain the grant funds as a separate account of the Off Road 

12 Motor Vehicle Program and may not use the funds except 

13 as provided by this section. 

14 (b) USE OF GRANT FUNDS.—When the Secretary 

15 concerned determines that additional funds are required 

16 to carry out the activities described in subsection (a) in 

17 the management area, the Secretary may apply for funds 

18 from the Off Road Motor Vehicle Program. Funds re19 ceived under this subsection shall be used only in the man20 agement area. 

21 (c) CONSULTATION AND RECOMMENDATIONS.—Be22 fore funds are provided under subsection (b), the Off Road 

23 Motor Vehicle Program shall consider any recommenda24 tions regarding the use of the funds made by the advisory 
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1 committee established as part of the program as well as 

2 public comments. 

3 (d) RELATION TO OTHER LAWS.—Any action under4 taken using funds obtained under subsection (b) shall con5 form to the applicable travel plan of the Challis National 

6 Forest, the Sawtooth National Recreation Area, or the 

7 Challis District of the Bureau of Land Management. 

8 TITLE III—CENTRAL IDAHO 

9 WILDERNESS AREAS 

10 SEC. 301. ADDITIONS TO NATIONAL WILDERNESS PRESER11 VATION SYSTEM. 

12 (a) ADDITIONS.—The following lands in the State of 

13 Idaho are designated as wilderness and as components of 

14 the National Wilderness Preservation System: 

15 (1) ERNEST HEMINGWAY WILDERNESS.—Cer16 tain Federal land in the Sawtooth and Challis Na17 tional Forests, comprising approximately 72,500 

18 acres, as generally depicted on the map entitled ‘‘Er19 nest Hemingway’’ and dated llllll, which 

20 shall be known as the ‘‘Ernest Hemingway Wilder21 ness’’. 

22 (2) WHITE CLOUDS WILDERNESS.—Certain 

23 Federal land in the the Sawtooth and Challis Na24 tional Forests, comprising approximately 74,700 

25 acres, as generally depicted on the map entitled 
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1 ‘‘White Clouds’’ and dated lllllll, which 

2 shall be known as the ‘‘White Clouds Wilderness’’. 

3 (3) JERRY PEAK WILDERNESS.—Certain public 

4 land administered by the Bureau of Land Manage5 ment, comprising approximately 146,900 acres, as 

6 generally depicted on the map entitled ‘‘Jerry Peak 

7 Wilderness’’ and dated llllll, which shall 

8 be known as the ‘‘Jerry Peak Wilderness’’. 

9 (b) MAPS AND LEGAL DESCRIPTION.—

10 (1) IN GENERAL.—As soon as practicable after 

11 the date of enactment of this Act, the Secretary of 

12 Agriculture, in the case of the wilderness areas des13 ignated by paragraphs (1) and (2) of subsection (a), 

14 and the Secretary of the Interior, in the case of the 

15 wilderness area designated by paragraph (3) of such 

16 subsection, in this title referred to as the ‘‘Secretary 

17 concerned’’, shall file a map and legal description of 

18 the wilderness areas designated by such subsection 

19 with the Committee on Resources of the House of 

20 Representatives and the Committee on Energy and 

21 Natural Resources of the Senate. 

22 (2) EFFECT.—Each map and legal description 

23 shall have the same force and effect as if included 

24 in this title, except that the Secretary concerned 
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1 may correct clerical and typographical errors in the 

2 map or legal description. 

3 (3) AVAILABILITY.—Each map and legal de4 scription shall be on file and available for public in5 spection in the appropriate offices of the Bureau of 

6 Land Management or the Forest Service. 

7 (c) WITHDRAWAL.—Subject to valid existing rights, 

8 the wilderness areas designated in subsection (a) are with9 drawn from all forms of entry, appropriation, and disposal 

10 under the public land laws, location, entry, and patent 

11 under the mining laws, and operation of the mineral leas12 ing, mineral materials, and geothermal leasing laws. 

13 SEC. 302. GENERAL ADMINISTRATION OF WILDERNESS 

14 AREAS. 

15 (a) APPLICATION OF WILDERNESS ACT.—Subject to 

16 valid existing rights, the wilderness areas designated by 

17 section 301 shall be managed by the Secretary concerned 

18 in accordance with the Wilderness Act (16 U.S.C. 1131 

19 et seq.) and this title. With respect to the wilderness areas, 

20 any reference in the Wilderness Act to the effective date 

21 of the Wilderness Act shall be deemed to be a reference 

22 to the date of the enactment of this Act, and any reference 

23 in the Wilderness Act to the Secretary of Agriculture shall 

24 be deemed to be a reference to the Secretary concerned. 
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1 (b) CONSISTENT INTERPRETATION TO THE PUB2 LIC.—Although the wilderness areas designated by section 

3 301 consist of National Forest System land under the ju4 risdiction of the Secretary of Agriculture and public land 

5 under the jurisdiction of the Secretary of the Interior, the 

6 Secretary of Agriculture and the Secretary of the Interior 

7 shall collaborate to assure that the wilderness areas are 

8 interpreted to the public as an overall complex tied to9 gether by common location in the Boulder-White Cloud 

10 Mountains and common identity with the natural and cul11 tural history of the State of Idaho and its Native Amer12 ican and pioneer heritage. 

13 (c) COMPREHENSIVE WILDERNESS MANAGEMENT

14 PLAN.—Not later than three years after the date of the 

15 enactment of this Act, the Secretary of Agriculture and 

16 Secretary of the Interior shall collaborate to develop a 

17 comprehensive wilderness management plan for the wil18 derness areas designated by section 301. The completed 

19 management plan shall be submitted to the Committee on 

20 Resources of the House of Representatives and the Com21 mittee on Energy and Natural Resources of the Senate. 

22 (d) FIRE, INSECTS, AND DISEASES.—Within the wil23 derness area designated by section 301, the Secretary con24 cerned may take such measures as the Secretary con25 cerned determines to be necessary for the control of fire, 
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1 insects, and diseases, subject to such conditions as the 

2 Secretary concerned considers desirable, as provided in 

3 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

4 1131(d)(1)). 

5 (e) WILDERNESS TRAILS AND TRAILHEADS.—

6 (1) CONSTRUCTION OF NEW TRAILHEAD.—The 

7 Secretary concerned shall construct a new trailhead 

8 for nonmotorized users and improve access to the 

9 Wickiup Trail (#684) and at the Big Boulder Trail10 head to separate motorized/mechanized users from 

11 nonmotorized/mechanized users. 

12 (2) INCLUSION OF ACCESSIBLE TRAILS.—The 

13 Secretary concerned may establish wheelchair acces14 sible trails into the wilderness areas designated by 

15 section 301, including the Bowery Creek Guard Sta16 tion along the West Fork of the East Fork of the 

17 Salmon River. 

18 (f) TREATMENT OF EXISTING CLAIMS AND PRIVATE

19 LANDS.—Nothing in this title is intended to affect the 

20 rights or interests in real property, patented mining 

21 claims, or valid claims or prevent reasonable access for 

22 the development and use of valid mineral rights. The Sec23 retary concerned may enter into negotiations with the 

24 holder of a patented claim or valid claim located in a wil-
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1 derness area designated by section 301 for the voluntary 

2 relinquishment of the claim. 

3 (g) GRAZING.—Grazing of livestock in a wilderness 

4 area designated by section 301, where established before 

5 the date of the enactment of this Act, shall be adminis6 tered in accordance with the provisions of section 4(d)(4) 

7 of the Wilderness Act (16 U.S.C. 1133(d)(4)), section 108 

8 of Public Law 96–560, and section 101(f) of Public Law 

9 101–628, and in accordance with the guidelines set forth 

10 in Appendix A of House Report 96–617 of the 96th Con11 gress and House Report 101–405 of the 101st Congress. 

12 (h) COMMERCIAL OUTFITTERS AND SADDLE AND

13 PACK STOCK.—Nothing in this title shall preclude horse14 back riding or the entry of recreational saddle or pack 

15 stock into the wilderness areas designated by section 301, 

16 including when such entry is made by commercial outfit17 ters. 

18 SEC. 303. INCORPORATION OF ACQUIRED LANDS AND IN19 TERESTS. 

20 Any land or interest in land located inside the bound21 aries of a wilderness area designated by section 301 that 

22 is acquired by the United States after the date of the en23 actment of this Act shall be added to and administered 

24 as part of the wilderness area. 
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1 SEC. 304. ADJACENT MANAGEMENT. 

2 (a) NO PROTECTIVE PERIMETERS OR BUFFER

3 ZONES.—Congress does not intend for the designation of 

4 the wilderness areas by section 301 to lead to the creation 

5 of protective perimeters or buffer zones around any such 

6 wilderness area. 

7 (b) NONWILDERNESS ACTIVITIES.—The fact that 

8 nonwilderness activities or uses outside of a wilderness 

9 area designated by section 301 can be seen or heard from 

10 inside of the wilderness area shall not preclude the conduct 

11 of those activities or uses outside the boundaries of the 

12 wilderness area. 

13 SEC. 305. WILDFIRE MANAGEMENT. 

14 Consistent with section 4 of the Wilderness Act (16 

15 U.S.C. 1133), nothing in this title precludes a Federal, 

16 State, or local agency from conducting wildfire manage17 ment operations, including operations using aircraft or 

18 mechanized equipment, to manage wildfires in the wilder19 ness areas designated by section 301. 

20 SEC. 306. WATER RIGHTS. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) The lands designated as wilderness areas by 

23 section 301 are located at the headwaters of the 

24 streams and rivers on those lands, with few, if any, 

25 actual or proposed water resource facilities located 

26 upstream from such lands and few, if any, opportu-
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1 nities for diversion, storage, or other uses of water 

2 occurring outside such lands that would adversely 

3 affect the wilderness values of such lands. 

4 (2) The lands designated as wilderness areas by 

5 section 301 are not suitable for use for development 

6 of new water resource facilities or for the expansion 

7 of existing facilities. 

8 (3) Therefore, it is possible to provide for prop9 er management and protection of the wilderness 

10 value of the lands designated as wilderness areas by 

11 section 301 in ways different from the ways utilized 

12 in other laws designating wilderness areas. 

13 (b) PURPOSE.—The purpose of this section is to pro14 tect the wilderness values of the lands designated as wil15 derness areas by section 301 by means other than a feder16 ally reserved water right. 

17 (c) STATUTORY CONSTRUCTION.—Nothing in this 

18 title—

19 (1) shall constitute, or be construed to con20 stitute, either an express or implied reservation by 

21 the United States of any water or water rights with 

22 respect to the wilderness areas designated by section 

23 301; 

24 (2) shall affect any water rights in the State of 

25 Idaho existing on the date of the enactment of this 
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1 Act, including any water rights held by the United 

2 States; 

3 (3) shall be construed as establishing a prece4 dent with regard to any future wilderness designa5 tions; 

6 (4) shall be construed as limiting, altering, 

7 modifying, or amending any of the interstate com8 pacts or equitable apportionment decrees that appor9 tion water among and between the State of Idaho 

10 and other States; and 

11 (5) shall be construed as limiting, altering, 

12 modifying, or amending provisions of Public Law 

13 92–400, which established the Sawtooth National 

14 Recreation Area (16 U.S.C. 460aa et seq.). 

15 (d) IDAHO WATER LAW.—The Secretary concerned 

16 shall follow the procedural and substantive requirements 

17 of the law of the State of Idaho when seeking to establish 

18 any water rights, not in existence on the date of the enact19 ment of this Act, with respect to the wilderness areas des20 ignated by section 301. 

21 (e) NEW PROJECTS.—

22 (1) PROHIBITION.—Except as otherwise pro23 vided in this Act, on and after the date of the enact24 ment of this Act, neither the President nor any 

25 other officer, employee, or agent of the United 
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1 States shall fund, assist, authorize, or issue a license 

2 or permit for the development of any new water re3 source facility inside any of the wilderness areas des4 ignated by section 301. 

5 (2) DEFINITION.—In this subsection, the term 

6 ‘‘water resource facility’’ means irrigation and 

7 pumping facilities, reservoirs, water conservation 

8 works, aqueducts, canals, ditches, pipelines, wells, 

9 hydropower projects, and transmission and other an10 cillary facilities, and other water diversion, storage, 

11 and carriage structures. 

12 SEC. 307. WILDLIFE MANAGEMENT. 

13 (a) STATE JURISDICTION.—In accordance with sec14 tion 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

15 nothing in this title affects or diminishes the jurisdiction 

16 of the State of Idaho with respect to fish and wildlife man17 agement, including the regulation of hunting, fishing, and 

18 trapping, in the wilderness areas designated by section 

19 301. 

20 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

21 the purposes and principles of the Wilderness Act, man22 agement activities to maintain or restore fish and wildlife 

23 populations and the habitats to support such populations 

24 may be carried out within wilderness areas designated by 

25 section 301 where consistent with relevant wilderness 
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1 management plans, in accordance with appropriate poli2 cies such as those set forth in Appendix B of House Re3 port 101–405 of the 101st Congress, including the occa4 sional and temporary use of motorized vehicles, if such 

5 use, as determined by the Secretary concerned is the min6 imum impact necessary to reasonably accomplish the task. 

7 (c) USE OF AIRCRAFT.—Consistent with section 

8 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and 

9 in accordance with appropriate policies such as those set 

10 forth in Appendix B of House Report 101–405 of the 

11 101st Congress, the State of Idaho may continue to use 

12 aircraft, including helicopters, to survey, capture, trans13 plant, monitor, and manage bighorn sheep, mountain 

14 goats, wolves, and grizzly bears. 

15 (d) HUNTING, FISHING, AND TRAPPING.—Nothing in 

16 this title shall affect hunting, fishing, and trapping, under 

17 applicable State and Federal laws and regulations, in the 

18 wilderness areas designated by section 301. The Secretary 

19 concerned may designate, by regulation in consultation 

20 with the appropriate State agency (except in emergencies), 

21 areas in which, and establish periods during which, for 

22 reasons of public safety, administration, or compliance 

23 with applicable laws, no hunting, fishing, or trapping will 

24 be permitted in the wilderness areas. 
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1 SEC. 308. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

2 USES. 

3 Nothing in this title shall be construed to diminish 

4 the rights of any Indian tribe. Nothing in this title shall 

5 be construed to diminish tribal rights regarding access to 

6 Federal lands for tribal activities, including spiritual, cul7 tural, and traditional food-gathering activities. 

8 SEC. 309. MILITARY OVERFLIGHTS. 

9 Nothing in this title restricts or precludes—

10 (1) low-level overflights of military aircraft over 

11 the wilderness areas designated by section 301, in12 cluding military overflights that can be seen or 

13 heard within the wilderness areas; 

14 (2) flight testing and evaluation; or 

15 (3) the designation or creation of new units of 

16 special use airspace, or the establishment of military 

17 flight training routes, over the wilderness areas. 

18 SEC. 310. WILDERNESS REVIEW. 

19 (a) NATIONAL FORESTS.—Section 5 of Public Law 

20 92–400 (16 U.S.C. 460aa–4), which required a review of 

21 the undeveloped and unimproved portion or portions of the 

22 Sawtooth National Recreation Area established by that 

23 Act as to suitability or nonsuitability for preservation as 

24 part of the National Wilderness Preservation System, is 

25 repealed. 

26 (b) PUBLIC LANDS.—
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1 (1) FINDING.—Congress finds that, for the pur2 pose of section 603 of the Federal Land Policy and 

3 Management Act of 1976 (43 U.S.C. 1782), the 

4 public land administered by the Bureau of Land 

5 Management in the following areas have been ade6 quately studied for wilderness designation: 

7 (A) The Jerry Peak Wilderness Study 

8 Area. 

9 (B) The Jerry Peak West Wilderness 

10 Study Area. 

11 (C) The Corral-Horse Basin Wilderness 

12 Study Area. 

13 (D) The Boulder Creek Wilderness Study 

14 Area. 

15 (2) RELEASE.—Any public land described in 

16 paragraph (1) that is not designated as wilderness 

17 by this title—

18 (A) is no longer subject to section 603(c) 

19 of the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1782(c)); and 

21 (B) shall be managed in accordance with 

22 land management plans adopted under section 

23 202 of that Act (43 U.S.C. 1712). 
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1 TITLE IV—WAIVER OF GRAZING 

2 PERMITS 

3 SEC. 401. FINDINGS AND PURPOSE. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) Grazing allotments on the lands designated 

6 as wilderness by title III, and on nearby Federal 

7 lands, have been reduced repeatedly by Forest Serv8 ice and other Federal agency decisions reflecting 

9 changes in the management of such lands. 

10 (2) Future management changes for these lands 

11 directed to the watershed recovery for the purposes 

12 of restoration of endangered fish populations may 

13 result in additional grazing restrictions. 

14 (3) Many of the ranching families who have 

15 used these lands have found themselves unable to 

16 survive economically or to recapture lost economic 

17 opportunities as a consequence of the location of 

18 their ranching operations. 

19 (b) PURPOSE.—The purpose of this title is to protect 

20 the environmental integrity of the lands designated as wil21 derness by title III and to offer economic options for tradi22 tional users of such lands who have been adversely im23 pacted by past changes, and will be adversely impacted 

24 by future changes, in the management of such lands. 
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1 SEC. 402. VOLUNTARY GRAZING PERMIT WAIVER PRO2 GRAM. 

3 (a) ELIGIBILITY FOR PARTICIPATION.—Only persons 

4 that held, on September 30, 2004, a valid grazing permit 

5 located in whole or in part in the Bolder-White Cloud 

6 Management Area, a wilderness area designated by title 

7 III, the Sawtooth National Recreation Area, or the water8 shed of the East Fork Salmon River shall be eligible to 

9 participate in the voluntary grazing permit waiver pro10 gram under this title. 

11 (b) NOTICE OF PARTICIPATION.—If a person de12 scribed in subsection (a) desires to participate in the vol13 untary grazing permit waiver program under this title, the 

14 person shall notify the Federal agency from which the per15 son obtained the permit, in writing, not later than one 

16 year after the date of the enactment of this Act, of the 

17 voluntary decision of the person to participate in the pro18 gram in exchange for compensation under section 403. 

19 Nothing in this subsection prevents a person described in 

20 subsection (a) from waiving, at any time, a grazing permit 

21 without compensation. 

22 (c) WAIVER.—In the notification submitted under 

23 subsection (b), the person shall agree to waive the valid 

24 grazing permit authorizing livestock grazing on grazing al25 lotments located in whole or in part on lands described 

26 in subsection (a). The waiver shall take effect on the date 
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1 the person receives the compensation provided under sec2 tion 403, the date the person makes the waiver by dona3 tion, or the date the person receives appropriate com4 pensation from a third party, whichever occurs first. Not5 withstanding any other provision of law, a person who 

6 waives a permit under this section shall be deemed to have 

7 waived any claim to all range developments on the subject 

8 grazing allotment or allotments. 

9 (d) CANCELLATION.—Not later than 30 days after 

10 receiving a waiver notification under subsection (b), the 

11 Federal agency shall cancel the permitted grazing on the 

12 Federal land in the allotments covered by the notification. 

13 Upon cancellation, grazing permits shall be prohibited in 

14 the areas where permits were waived, and no future man15 agement allocations for grazing shall be permitted. 

16 (e) TREATMENT OF VACANT ALLOTMENTS.—Any va17 cant, unallocated grazing allotments in existence on lands 

18 described in subsection (a) shall not be made available to 

19 any person after the date of the enactment of this Act. 

20 SEC. 403. COMPENSATION. 

21 (a) ELIGIBILITY AND AMOUNT OF COMPENSATION.—

22 The Federal agency may make a payment to permittees 

23 described in subsection (a) of section 402 who waive graz24 ing permits as provided in subsection (b) of such section 

25 according to a schedule of payments prepared jointly by 
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1 such agencies and filed with the Committee on Resources 

2 of the House of Representatives and the Committee on 

3 Energy and Natural Resources of the Senate. The total 

4 amount available for such payments is $7,000,000. If a 

5 permittee is in arrears of Federal grazing fees, the amount 

6 of fees in arrears shall be deducted from the amount of 

7 compensation otherwise due the permittee under this sub8 section. 

9 (b) EXCEPTIONS.—Compensation shall not be pro10 vided under this section if the permittee waives the permit 

11 by donation. The amount of any compensation the per12 mittee receives from a third party for the waiver of the 

13 permit shall be deducted from the amount of compensation 

14 otherwise due the permittee under subsection (a). 

15 SEC. 404. RULES OF CONSTRUCTION. 

16 Nothing in this title shall be construed to affect the 

17 authority of a Federal agency to otherwise modify or ter18 minate grazing permits or leases without compensation, 

19 except that nothing in this title shall be construed to au20 thorize the use of eminent domain for such purpose. Noth21 ing in this title shall be construed to create a property 

22 right in any grazing permit or lease on Federal lands or 

23 to establish a precedent for future grazing permit buyout 

24 programs.

Æ