I 
115TH CONGRESS 
1ST SESSION H. R. 1728 
To modify the boundaries of the Morley Nelson Snake River Birds of Prey 
National Conservation Area, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2017 
Mr. SIMPSON (for himself and Mr. LABRADOR) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To modify the boundaries of the Morley Nelson Snake River 
Birds of Prey National Conservation Area, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. BOUNDARY MODIFICATION, MORLEY NELSON 
SNAKE RIVER BIRDS OF PREY NATIONAL 
CONSERVATION AREA, IDAHO. 
(a) DEFINITIONS.—In this section: 
(1) CONSERVATION
AREA.—The term ‘‘Con-
servation Area’’ means the Morley Nelson Snake 
River Birds of Prey National Conservation Area. 
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(2) GATEWAY
WEST.—The term ‘‘Gateway 
West’’ means the high-voltage transmission line 
project in Idaho and Wyoming jointly proposed by 
the entities Idaho Power Company, incorporated in 
the State of Idaho, and Rocky Mountain Power, a 
division of PacifiCorp, an Oregon Corporation. 
(3) MAP.—The term ‘‘map’’ means the map ti-
tled ‘‘Proposed Snake River Birds of Prey NCA 
Boundary Adjustment’’ and dated October 13, 2016. 
(4) SAGE-GROUSE SPECIES.—The term ‘‘sage- 
grouse species’’ means the greater sage-grouse 
(Centrocercus urophasianus) (including all distinct 
population segments). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) AREAS TO BE ADDED TO AND REMOVED FROM 
MORLEY NELSON SNAKE RIVER BIRDS OF PREY NA-
TIONAL CONSERVATION AREA.—The boundary of the 
Conservation Area is hereby modified— 
(1) to include— 
(A) the approximately 4726 acres of land 
generally depicted as ‘‘BLM Administered 
Lands’’ on the map, to the extent such lands 
are part of the Lower Saylor Creek Allotment 
those lands would continue to be managed by 
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the BLM Jarbidge Field Office until terms of 
the No. CV–04–181–S–BLW Stipulated Settle-
ment Agreement are fully met, after which the 
lands would be managed by the Morley Nelson 
Snake River Birds of Prey National Conserva-
tion Area office; and 
(B) the approximately 86 acres of land 
generally depicted as ‘‘BOR Administered 
Lands’’ on the map; and 
(2) to exclude— 
(A) the approximately 761 acres land gen-
erally depicted as ‘‘Segment 8 Revised Proposed 
Route’’ on the map, including 125 feet on ei-
ther side of the center line of the Gateway West 
Transmission line, the Gateway West Trans-
mission Line shall be sited so that the center 
line of Segment 8 is no more than 500 feet 
from the center line of the existing Summer 
Lake Transmission Line as described in the 
Summer Lake Transmission Line Right of Way 
Grant per FLPMA, IDI–008875; and 
(B) the approximately 1,845 acres land 
generally depicted as ‘‘Segment 9 Revised Pro-
posed Route’’ on the map including 125 feet on 
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either side of the center line of the Gateway 
West Transmission line. 
(c) RIGHT-OF-WAY AND CONDITIONS.— 
(1) 
RIGHT-OF-WAY.—Notwithstanding 
any 
other provision of law, not later than 90 days after 
the date of the enactment of this section, the Sec-
retary shall issue to Gateway West a right-of-way 
for the lands described in subsection (b)(2) to be 
used for the construction and maintenance of trans-
mission lines, including access roads and activities 
related to fire prevention and suppression. The 
right-of-way issued under this paragraph shall con-
tain the conditions described in subsection (c)(2), 
and be in alignment with the revised proposed routes 
for segments 8 and 9 identified as Alternative 1 in 
the Supplementary Final Environmental Impact 
Analysis released October 5, 2016. 
(2) CONDITIONS.—The conditions that the Sec-
retary shall include in the right-of-way described in 
paragraph (1) shall be in accordance with section 
505 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1765) and are as follows: 
(A) MITIGATION.—During the time of con-
struction of each respective line segment, Gate-
way West shall mitigate for the impacts related 
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to the transmission lines in accordance with the 
Compensatory Mitigation and Enhancement 
framework described in the final Supplemental 
Environmental Impact Statement with the stip-
ulation that Compensatory Mitigation and En-
hancement costs shall not exceed $8,543,440. 
(B) CONSERVATION.—Gateway West shall 
contribute $2,000 per acre of right-of-way in 
the Conservation Area during the time of con-
struction of Segment 8 Revised Proposed Route 
(comprising 761 acres) and during the con-
struction of Segment 9 Revised Proposed Route 
(comprising 1,845 acres) to the Bureau of 
Land Management Foundation that shall be 
used for the purpose of conservation, including 
enhancing National Landscape Conservation 
System Units in Idaho, also known as National 
Conservation Lands. 
(C) COSTS.—Gateway West shall pay all 
costs associated with the boundary modification, 
including the costs of any surveys, recording 
costs, and other reasonable costs. 
(D) OTHER.—Standard terms and condi-
tions in accordance with section 505 of the 
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Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1765). 
(d) ADMINISTRATION.—The Secretary shall— 
(1) administer the lands described in subsection 
(b)(1) as part of the Conservation Area in accord-
ance with Public Law 103–64 and as part of the 
National Landscape Conservation System; and 
(2) continue to administer lands described in 
subsection (b)(2), but as lands that are not included 
in a Conservation Area or subject to Public Law 
103–64. 
(e) TRANSFER
OF
ADMINISTRATIVE
JURISDIC-
TION.—Administrative jurisdiction over the approximately 
86 acres of land depicted as ‘‘BOR Administered Lands’’ 
on the map is hereby transferred from the Bureau of Rec-
lamation to the Bureau of Land Management. 
(f) AVAILABILITY OF MAP.—The map shall be on file 
and available for public inspection in the appropriate of-
fices of the Bureau of Land Management. 
(g) MANAGEMENT PLAN AMENDMENT.—Not later 
than 18 months after the date of the enactment of this 
Act, the Secretary shall amend the management plan for 
the Conservation Area to address the long-term manage-
ment of the lands described in subsection (b)(1) in order 
to— 
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(1) determine appropriate management activi-
ties and uses of the lands described in subsection 
(b)(1) consistent with Public Law 103–64 and this 
section; 
(2) continue managing the grazing of livestock 
on the lands described in subsection (b)(1) in which 
grazing is established as of the date of the enact-
ment of this section such that the grazing shall be 
allowed to continue, subject to such reasonable regu-
lations, policies, and practices that the Secretary 
considers necessary; 
(3) allow motorized access on roads existing on 
the lands described in subsection (b)(1) on the date 
of the enactment of this section, subject to such rea-
sonable regulations, policies, and practices that the 
Secretary considers necessary; and 
(4) allow hunting and fishing on the lands de-
scribed in subsection (b)(1) consistent with applica-
ble laws and regulations. 
SEC. 2. COTTEREL WIND POWER PROJECT. 
The approximately 203 acres of Federal land identi-
fied as ‘‘Project Area’’ on the map titled ‘‘Cotterel Wind 
Power Project’’ and dated March 1, 2006, may not be 
used for the production of electricity from wind. 
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SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION. 
The Secretary of the Interior shall— 
(1) establish a Bureau of Land Management 
Foundation as a charitable and nonprofit corpora-
tion under section 501(c)(3) of the Internal Revenue 
Code of 1986; and 
(2) grant to such Foundation the same authori-
ties granted to the National Park Foundation for its 
activities to benefit the National Park Service under 
subchapter II of chapter 1011 of title 54, United 
States Code, for the purpose of providing opportuni-
ties for the Bureau of Land Management to address 
a variety of specific challenges that could be better 
addressed with the support of a foundation, includ-
ing— 
(A) reclamation of legacy wells, contami-
nated native lands, and abandoned mine land 
sites; 
(B) sustainable management of wild horses 
and burros; 
(C) expanded scientific understanding of 
responsible development techniques; 
(D) voluntary conservation activities; and 
(E) proper identification and cataloging of 
cultural and historical treasure on public lands. 
Æ 
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