II 

114TH CONGRESS 

1ST SESSION S. 583 

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, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2015 

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

to the Committee on Energy and 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, 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; TABLE OF CONTENTS. 

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

5 ‘‘Sawtooth National Recreation Area and Jerry Peak Wil6 derness Additions Act’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—WILDERNESS DESIGNATIONS 

Sec. 101. Additions to National Wilderness Preservation System in the State of 

Idaho. 

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. Short title. 

Sec. 202. Blaine County, Idaho. 

Sec. 203. Custer County, Idaho. 

Sec. 204. City of Challis, Idaho. 

Sec. 205. City of Clayton, Idaho. 

Sec. 206. City of Stanley, Idaho. 

Sec. 207. Terms and conditions of permits or land conveyances. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) SECRETARY.—The term ‘‘Secretary’’ 

4 means— 

5 (A) the Secretary of Agriculture, with re6 spect to land administered by the Forest Serv7 ice; or 

8 (B) the Secretary of the Interior, with re9 spect to land administered by the Bureau of 

10 Land Management. 

11 (2) WILDERNESS AREA.—The term ‘‘wilderness 

12 area’’ means any of the areas designated as a com13 ponent of the National Wilderness Preservation Sys14 tem by section 101. 


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1 TITLE I—WILDERNESS 

2 DESIGNATIONS 

3 SEC. 101. ADDITIONS TO NATIONAL WILDERNESS PRESER4 VATION SYSTEM IN THE STATE OF IDAHO. 

5 (a) HEMINGWAY-BOULDERS WILDERNESS.—In ac6 cordance with the Wilderness Act (16 U.S.C. 1131 et 

7 seq.), certain Federal lands in the Sawtooth and Challis 

8 National Forests in the State of Idaho, comprising ap9 proximately 67,998 acres, as generally depicted on the 

10 map entitled ‘‘Hemingway/Boulders Wilderness Area-Pro11 posed’’ and dated February 25, 2015, are designated as 

12 wilderness and as a component of the National Wilderness 

13 Preservation System, which shall be known as the ‘‘Hem14 ingway-Boulders Wilderness’’. 

15 (b) WHITE CLOUDS WILDERNESS.—In accordance 

16 with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 

17 Federal lands in the Sawtooth and Challis National For18 ests in the State of Idaho, comprising approximately 

19 90,769 acres, as generally depicted on the map entitled 

20 ‘‘White Clouds Wilderness Area-Proposed’’ and dated 

21 March 13, 2014, are designated as wilderness and as a 

22 component of the National Wilderness Preservation Sys23 tem, which shall be known as the ‘‘White Clouds Wilder24 ness’’. 


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1 (c) JIM MCCLURE-JERRY PEAK WILDERNESS.—In 

2 accordance with the Wilderness Act (16 U.S.C. 1131 et 

3 seq.), certain Federal lands in the Challis National Forest 

4 and Challis District of the Bureau of Land Management 

5 in the State of Idaho, comprising approximately 116,898 

6 acres, as generally depicted on the map entitled ‘‘Jim 

7 McClure-Jerry Peak Wilderness’’ and dated February 21, 

8 2015, are designated as wilderness and as a component 

9 of the National Wilderness Preservation System, which 

10 shall be known as the ‘‘Jim McClure-Jerry Peak Wilder11 ness’’. 

12 (d) MAPS AND LEGAL DESCRIPTIONS.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall submit to the Committee on Energy and Nat16 ural Resources of the Senate and the Committee on 

17 Natural Resources of the House of Representatives 

18 a map and legal description for each wilderness area. 

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

20 submitted under paragraph (1) shall have the same 

21 force and effect as if included in this Act, except 

22 that the Secretary may correct minor errors in the 

23 map or legal description. 

24 (3) AVAILABILITY.—Each map and legal de25 scription submitted under paragraph (1) shall be 


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1 available in the appropriate offices of the Forest 

2 Service or the Bureau of Land Management. 

3 SEC. 102. ADMINISTRATION. 

4 (a) IN GENERAL.—Subject to valid existing rights, 

5 each wilderness area shall be administered by the Sec6 retary in accordance with the Wilderness Act (16 U.S.C. 

7 1131 et seq.), except that— 

8 (1) any reference in that Act to the effective 

9 date shall be considered to be a reference to the date 

10 of enactment of this Act; and 

11 (2) with respect to wilderness areas that are ad12 ministered by the Secretary of the Interior, any ref13 erence in the Wilderness Act to the Secretary of Ag14 riculture shall be considered to be a reference to the 

15 Secretary of the Interior. 

16 (b) CONSISTENT INTERPRETATION.—The Secretary 

17 of Agriculture and the Secretary of the Interior shall seek 

18 to ensure that the wilderness areas are interpreted for the 

19 public as an overall complex linked by— 

20 (1) common location in the Boulder-White 

21 Cloud Mountains; and 

22 (2) common identity with the natural and cul23 tural history of the State of Idaho and the Native 

24 American and pioneer heritage of the State. 


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1 (c) COMPREHENSIVE WILDERNESS MANAGEMENT

2 PLAN.—Not later than 3 years after the date of enactment 

3 of this Act, the Secretary of Agriculture and the Secretary 

4 of the Interior shall collaboratively develop wilderness 

5 management plans for the wilderness areas. 

6 (d) FIRE, INSECTS, AND DISEASE.—Within the wil7 derness areas, the Secretary may take such measures as 

8 the Secretary determines to be necessary for the control 

9 of fire, insects, and disease in accordance with section 

10 4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)). 

11 (e) LIVESTOCK.— 

12 (1) IN GENERAL.—Within the wilderness areas, 

13 the grazing of livestock in which grazing is estab14 lished before the date of enactment of this Act shall 

15 be allowed to continue, subject to such reasonable 

16 regulations, policies, and practices as the Secretary 

17 determines to be necessary, in accordance with— 

18 (A) section 4(d)(4) of the Wilderness Act 

19 (16 U.S.C. 1131(d)(4)); 

20 (B) with respect to wilderness areas ad21 ministered by the Secretary of Agriculture, the 

22 guidelines described in House Report 96–617 of 

23 the 96th Congress; and 

24 (C) with respect to wilderness areas ad25 ministered by the Secretary of the Interior, the 


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1 guidelines described in appendix A of House 

2 Report 101–405 of the 101st Congress. 

3 (2) DONATION OF GRAZING PERMITS AND

4 LEASES.— 

5 (A) ACCEPTANCE BY SECRETARY.— 

6 (i) IN GENERAL.—The Secretary shall 

7 accept the donation of any valid existing 

8 leases or permits authorizing grazing on 

9 public land or National Forest System 

10 land, all or a portion of which are within 

11 the area depicted as the ‘‘Boulder White 

12 Clouds Grazing Area’’ on the map entitled 

13 ‘‘Boulder White Clouds Grazing Area 

14 Map’’ and dated January 27, 2010. 

15 (ii) PARTIAL DONATION.—A person 

16 holding a valid grazing permit or lease for 

17 a grazing allotment partially within the 

18 area described in clause (i) may elect to 

19 donate only the portion of the grazing per20 mit or lease that is within the area. 

21 (B) TERMINATION.—With respect to each 

22 permit or lease donated under subparagraph 

23 (A), the Secretary shall— 

24 (i) terminate the grazing permit or 

25 lease or portion of the permit or lease; and 


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1 (ii) except as provided in subpara2 graph (C), ensure a permanent end to 

3 grazing on the land covered by the permit 

4 or lease or portion of the permit or lease. 

5 (C) COMMON ALLOTMENTS.— 

6 (i) IN GENERAL.—If the land covered 

7 by a permit or lease donated under sub8 paragraph (A) is also covered by another 

9 valid grazing permit or lease that is not 

10 donated, the Secretary shall reduce the au11 thorized level on the land covered by the 

12 permit or lease to reflect the donation of 

13 the permit or lease under subparagraph 

14 (A). 

15 (ii) AUTHORIZED LEVEL.—To ensure 

16 that there is a permanent reduction in the 

17 level of grazing on the land covered by the 

18 permit or lease donated under subpara19 graph (A), the Secretary shall not allow 

20 grazing use to exceed the authorized level 

21 established under clause (i). 

22 (D) PARTIAL DONATION.—If a person 

23 holding a valid grazing permit or lease donates 

24 less than the full amount of grazing use authorVerDate Sep 11 2014 22:53 Mar 05, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S583.IS S583

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1 ized under the permit or lease, the Secretary 

2 shall— 

3 (i) reduce the authorized grazing level 

4 to reflect the donation; and 

5 (ii) modify the permit or lease to re6 flect the revised level or area of use. 

7 (f) OUTFITTING AND GUIDE ACTIVITIES.—In accord8 ance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 

9 1133(d)(5)), commercial services (including authorized 

10 outfitting and guide activities) within the wilderness areas 

11 are authorized to the extent necessary for activities which 

12 are proper for realizing the recreational or other wilder13 ness purposes of the wilderness areas. 

14 (g) FISH AND WILDLIFE.—Nothing in this title af15 fects the jurisdiction of the State of Idaho with respect 

16 to the management of fish and wildlife on public land in 

17 the State, including the regulation of hunting, fishing, and 

18 trapping within the wilderness areas. 

19 (h) ACCESS.—In accordance with section 5(a) of the 

20 Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall 

21 provide the owner of State or private property within the 

22 boundary of a wilderness area adequate access to the prop23 erty. 


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1 SEC. 103. WATER RIGHTS. 

2 (a) STATUTORY CONSTRUCTION.—Nothing in this 

3 title— 

4 (1) shall constitute either an express or implied 

5 reservation by the United States of any water rights 

6 with respect to the wilderness areas designated by 

7 section 101; 

8 (2) affects any water rights— 

9 (A) in the State of Idaho existing on the 

10 date of enactment of this Act, including any 

11 water rights held by the United States; or 

12 (B) decreed in the Snake River Basin Ad13 judication, including any stipulation approved 

14 by the court in such adjudication between the 

15 United States and the State of Idaho with re16 spect to such water rights; or 

17 (3)(A) establishes a precedent with regard to 

18 any future wilderness designations; or 

19 (B) limits, alters, modifies, or amends section 9 

20 of the Sawtooth National Recreation Area Act (16 

21 U.S.C. 460aa–8). 

22 (b) NEW PROJECTS.— 

23 (1) PROHIBITION.—Except as otherwise pro24 vided in this Act, on and after the date of the enact25 ment of this Act, neither the President nor any 

26 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 101. 

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. 104. MILITARY OVERFLIGHTS. 

13 Nothing in this title restricts or precludes— 

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

15 the wilderness areas, including military overflights 

16 that can be seen or heard within the wilderness 

17 areas; 

18 (2) flight testing and evaluation; or 

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

20 special use airspace, or the establishment of military 

21 flight training routes, over the wilderness areas. 

22 SEC. 105. ADJACENT MANAGEMENT. 

23 (a) IN GENERAL.—Nothing in this title creates a pro24 tective perimeter or buffer zone around a wilderness area. 


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1 (b) ACTIVITIES OUTSIDE WILDERNESS AREA.—The 

2 fact that an activity or use on land outside a wilderness 

3 area can be seen or heard within the wilderness area shall 

4 not preclude the activity or use outside the boundary of 

5 the wilderness area. 

6 SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

7 USES. 

8 Nothing in this title diminishes the treaty rights of 

9 any Indian tribe. 

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

11 (a) ACQUISITION.— 

12 (1) IN GENERAL.—The Secretary may acquire 

13 any land or interest in land within the boundaries of 

14 the wilderness areas by donation, exchange, or pur15 chase from a willing seller. 

16 (2) LAND EXCHANGE.—Not later than 3 years 

17 after the date of enactment of this Act, the Sec18 retary shall seek to complete an exchange for State 

19 land located within the boundaries of the wilderness 

20 areas designated by this title. 

21 (b) INCORPORATION IN WILDERNESS AREA.—Any 

22 land or interest in land located inside the boundary of a 

23 wilderness area that is acquired by the United States after 

24 the date of enactment of this Act shall be added to, and 

25 administered as part of the, wilderness area. 


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1 SEC. 108. WILDERNESS REVIEW. 

2 (a) NATIONAL FOREST SYSTEM LAND.—Section 5 of 

3 Public Law 92–400 (16 U.S.C. 460aa–4) is repealed. 

4 (b) PUBLIC LAND.— 

5 (1) FINDING.—Congress finds that, for pur6 poses of section 603 of the Federal Land Policy and 

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

8 public land administered by the Bureau of Land 

9 Management in the following wilderness study areas 

10 have been adequately studied for wilderness designa11 tion: 

12 (A) Jerry Peak Wilderness Study Area. 

13 (B) Jerry Peak West Wilderness Study 

14 Area. 

15 (C) Corral-Horse Basin Wilderness Study 

16 Area. 

17 (D) Boulder Creek Wilderness Study Area. 

18 (2) RELEASE.—Any public land within the 

19 areas described in paragraph (1) that is not des20 ignated as wilderness by this title— 

21 (A) shall not be subject to section 603(c) 

22 of the Federal Land Policy and Management 

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

24 (B) shall be managed in accordance with 

25 land management plans adopted under section 

26 202 of that Act (43 U.S.C. 1712). 


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1 TITLE II—LAND CONVEYANCES 

2 FOR PUBLIC PURPOSES 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Central Idaho Eco5 nomic Development and Recreation Act’’. 

6 SEC. 202. BLAINE COUNTY, IDAHO. 

7 The Secretary of Agriculture shall issue a special use 

8 permit or convey to Blaine County, Idaho, without consid9 eration, not to exceed one acre of land for use as a school 

10 bus turnaround, as generally depicted on the map entitled 

11 ‘‘Blaine County Conveyance—Eagle Creek Parcel—Pro12 posed’’ and dated October 1, 2006. 

13 SEC. 203. CUSTER COUNTY, IDAHO. 

14 (a) PARK AND CAMPGROUND.—The Secretary of the 

15 Interior shall convey to Custer County, Idaho (in this sec16 tion referred to as the ‘‘County’’), without consideration, 

17 approximately 114 acres of land depicted as ‘‘Parcel A’’ 

18 on the map entitled ‘‘Custer County and City of Mackay 

19 Conveyances’’ and dated April 6, 2010, for use as a public 

20 park and campground, consistent with uses allowed under 

21 the Act of June 14, 1926 (commonly known as the Recre22 ation and Public Purposes Act; 43 U.S.C. 869 et seq.). 

23 (b) FIRE HALL.—The Secretary of the Interior shall 

24 convey to the County, without consideration, approxi25 mately 10 acres of land depicted as ‘‘Parcel B’’ on the 


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1 map entitled ‘‘Custer County and City of Mackay Convey2 ances’’ and dated April 6, 2010, for use as a fire hall, 

3 consistent with uses allowed under the Act of June 14, 

4 1926 (commonly known as the Recreation and Public Pur5 poses Act; 43 U.S.C. 869 et seq.). 

6 (c) WASTE TRANSFER SITE.—The Secretary of the 

7 Interior shall convey to the County, without consideration, 

8 approximately 80 acres of land depicted as ‘‘Parcel C’’ on 

9 the map entitled ‘‘Custer County and City of Mackay Con10 veyances’’ and dated April 6, 2010, to be used for a waste 

11 transfer site, consistent with uses allowed under the Act 

12 of June 14, 1926 (commonly known as the Recreation and 

13 Public Purposes Act; 43 U.S.C. 869 et seq.). 

14 (d) FOREST SERVICE ROAD.— 

15 (1) CONVEYANCE.—The Secretary of Agri16 culture shall convey to the County, without consider17 ation, the Forest Service road that passes through 

18 the parcel of National Forest System land to be con19 veyed to the City of Stanley, Idaho, under section 

20 206 from the junction of the road with Highway 75 

21 to the junction with Valley Creek Road at the City 

22 of Stanley boundary. 

23 (2) RELOCATION.—The conveyance under para24 graph (1) is subject to the condition that the County 

25 agree to relocate the portion of the road that passes 


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1 through the section 206 conveyance parcel to the 

2 southeast along the boundary of the conveyance par3 cel. 

4 SEC. 204. CITY OF CHALLIS, IDAHO. 

5 The Secretary of the Interior shall convey to the City 

6 of Challis, Idaho, without consideration, approximately 

7 460 acres of land within the area generally depicted as 

8 ‘‘Parcel B’’ on the map entitled ‘‘Custer County and City 

9 of Challis Conveyances’’ and dated February 2, 2010, to 

10 be used for public purposes consistent with uses allowed 

11 under the Act of June 14, 1926 (commonly known as the 

12 Recreation and Public Purposes Act; 43 U.S.C. 869 et 

13 seq.). 

14 SEC. 205. CITY OF CLAYTON, IDAHO. 

15 (a) CEMETERY.—The Secretary of the Interior shall 

16 convey to the City of Clayton, Idaho (in this section re17 ferred to as the ‘‘City’’), without consideration, approxi18 mately 23 acres of land depicted as ‘‘Parcel A’’ on the 

19 map entitled ‘‘City of Clayton Conveyances’’ and dated 

20 April 6, 2010, for use as a public cemetery. 

21 (b) PARK.—The Secretary of the Interior shall con22 vey to the City, without consideration, approximately two 

23 acres of land depicted as ‘‘Parcel B’’ on the map entitled 

24 ‘‘City of Clayton Conveyances’’ and dated April 6, 2010, 

25 for use as a public park or other public purpose consistent 


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1 with uses allowed under the Act of June 14, 1926 (com2 monly known as the Recreation and Public Purposes Act; 

3 43 U.S.C. 869 et seq.). 

4 (c) WATER TOWER.—The Secretary of the Interior 

5 shall convey to the City, without consideration, approxi6 mately two acres of land depicted as ‘‘Parcel C’’ on the 

7 map entitled ‘‘City of Clayton Conveyances’’ and dated 

8 April 6, 2010, for location of a water tower, consistent 

9 with uses allowed under the Act of June 14, 1926 (com10 monly known as the Recreation and Public Purposes Act; 

11 43 U.S.C. 869 et seq.). 

12 (d) WASTEWATER TREATMENT FACILITY.—The Sec13 retary of the Interior shall convey to the City, without con14 sideration, approximately six acres of land depicted as 

15 ‘‘Parcel D’’ on the map entitled ‘‘City of Clayton Convey16 ances’’ and dated April 6, 2010 (including any necessary 

17 access right-of-way across the river), for use as a waste18 water treatment facility, consistent with uses allowed 

19 under the Act of June 14, 1926 (commonly known as the 

20 Recreation and Public Purposes Act; 43 U.S.C. 869 et 

21 seq.). 

22 (e) FIRE HALL.—The Secretary of the Interior shall 

23 convey to the City, without consideration, approximately 

24 two acres of land depicted as ‘‘Parcel E’’ on the map enti25 tled ‘‘City of Clayton Conveyances’’ and dated April 6, 


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1 2010, for use as a fire hall and related purposes, con2 sistent with uses allowed under the Act of June 14, 1926 

3 (commonly known as the Recreation and Public Purposes 

4 Act; 43 U.S.C. 869 et seq.). 

5 SEC. 206. CITY OF STANLEY, IDAHO. 

6 (a) WORKFORCE HOUSING.—The Secretary of Agri7 culture shall convey to the City of Stanley, Idaho (in this 

8 section referred to as the ‘‘City’’), without consideration, 

9 a parcel of National Forest System land within the Saw10 tooth National Recreation Area, but outside the area man11 aged by the Sawtooth Interpretative and Historical Asso12 ciation under special use permit with the Secretary, that 

13 consists of approximately four acres as indicated on the 

14 map entitled ‘‘Custer County and City of Stanley Convey15 ance Parcel-Proposed’’ and dated February 24, 2015, for 

16 the purpose of permitting the City to develop the parcel 

17 to provide workforce housing for persons employed in the 

18 City or its environs. 

19 (b) NUMBER AND CONSTRUCTION OF HOUSING.— 

20 The City will construct up to 20 apartment units on the 

21 parcel conveyed under subsection (a). The actual design 

22 and configuration of the apartment units will be deter23 mined by the City in consultation with the Secretary and 

24 other interested parties, except that units may not exceed 


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1 two stories and must be located near or against the hillside 

2 to blend in with the terrain. 

3 (c) RECREATION AREA PRIVATE LAND USE REGULA4 TIONS.—The private land use regulations of the Sawtooth 

5 National Recreation Area shall not apply to the parcel 

6 conveyed under subsection (a), including with regard to 

7 the number and type of apartments units to be con8 structed on the parcel. 

9 (d) REMOVAL OF EXISTING STRUCTURE.—The Sec10 retary shall be responsible for the removal of the barn lo11 cated, as of the date of the enactment of this Act, on the 

12 parcel to be conveyed under subsection (a). The Secretary 

13 may remove the barn either before the conveyance of the 

14 parcel or at such later date as the City may request. 

15 (e) RELATION TO REQUIRED REVERSIONARY INTER16 EST.—Consistent with the reversionary interest required 

17 by section 207(b), the City may contract for the develop18 ment and management of the apartment units constructed 

19 on the parcel conveyed under subsection (a) so long as 

20 the City retains ownership of the parcel in perpetuity. 

21 SEC. 207. TERMS AND CONDITIONS OF PERMITS OR LAND 

22 CONVEYANCES. 

23 (a) TERMS AND CONDITIONS.—The issuance of a 

24 special use permit or the conveyance of land under this 


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1 title shall be subject to any terms and conditions that the 

2 Secretary determines to be appropriate. 

3 (b) REVERSIONARY INTEREST.—If any parcel of land 

4 conveyed under this title ceases to be used for the public 

5 purpose for which the parcel was conveyed, the parcel 

6 shall, at the discretion of the Secretary, based on a deter7 mination that reversion is in the best interests of the 

8 United States, revert to the United States. 

Æ 


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