Idaho Land Enhancement Act - Directs the Secretaries of Agriculture and the Interior, if the State of Idaho offers to convey specified State land to the United States, to accept the offer, and on receipt of title to such land, simultaneously convey to the State specified Bureau of Land Management (BLM) and National Forest System land (the Federal land).
Requires the value of the exchanged Federal and State lands to be: (1) equal; or (2) made equal by cash payment to the United States or the State.
Sets forth requirements for the disposition and use of proceeds from cash equalization payments received by the United States.
Requires the conveyance of certain easements or other rights-of-way.
Directs the city of Boise, Idaho, to pay the administrative costs associated with such land exchange.
Transfers administrative jurisdiction over specified BLM land in Shoshone County, Idaho, from the Secretary of the Interior to the Secretary of Agriculture.
Considers the boundaries of the Idaho Panhandle National Forest and Clearwater National Forest, as modified by the exchange authorized by this Act, to be the boundaries of such Forests as of January 1, 1965.
Revokes any public land orders withdrawing any of the Federal land from appropriation or disposal under the public land laws necessary to permit disposal of such land.
Withdraws the Federal and State land from: (1) location, entry, and patent under the mining and public land laws; and (2) disposition under the mineral leasing laws and the Geothermal Steam Act of 1970.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2718 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2718
To authorize the exchange of certain Federal land within the State of
Idaho, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2005
Mr. Otter introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize the exchange of certain Federal land within the State of
Idaho, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Land Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
executed in 2005, entitled ``Agreement to Initiate, Boise
Foothills--Northern Idaho Land Exchange'', and entered into
by--
(A) the Bureau of Land Management;
(B) the Forest Service;
(C) the State; and
(D) the City.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 605 acres of
land administered by the Bureau of Land Management (including
all appurtenances to the land) that is proposed to be acquired
by the State, as depicted in exhibit A2 of the Agreement.
(3) Board.--The term ``Board'' means the Idaho State Board
of Land Commissioners.
(4) City.--The term ``city'' means the city of Boise,
Idaho.
(5) Federal land.--The term ``Federal land'' means the
Bureau of Land Management land and the National Forest System
land.
(6) National forest system land.--The term ``National
Forest System land'' means the approximately 7,220 acres of
land (including all appurtenances to the land) that is--
(A) administered by the Secretary of Agriculture in
the Idaho Panhandle National Forests and the Clearwater
National Forest;
(B) proposed to be acquired by the State; and
(C) depicted in exhibit A2 of the Agreement.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Idaho,
Department of Lands.
(9) State land.--The term ``State land'' means the
approximately 11,085 acres of land (including all appurtenances
to the land) administered by the State that are proposed to be
acquired by the United States, as depicted in exhibit A1 of the
Agreement.
SEC. 3. LAND EXCHANGE.
(a) In General.--In accordance with the Agreement and this Act, if
the State offers to convey the State land to the United States, the
Secretary and the Secretary of Agriculture shall--
(1) accept the offer; and
(2) on receipt of title to the State land, simultaneously
convey to the State the Federal land.
(b) Additional Agreements.--The Secretary and the Secretary of
Agriculture may enter into any additional agreements that the Secretary
and the Secretary of Agriculture determine to be necessary or
appropriate to supplement the Agreement, including agreements that--
(1) provide legal descriptions of the Federal land and
State land (including any interests in the Federal land and
State land) to be exchanged under this Act;
(2) identify all reserved and outstanding interests in the
Federal land and State land;
(3) stipulate any cash equalization payments required; and
(4) specify any other terms and conditions that are
necessary to complete the land exchange.
(c) Valid Existing Rights.--The conveyance of the Federal land and
State land shall be subject to--
(1) all valid existing rights; and
(2) any other reservations, terms, and conditions agreed to
by the Secretary, the Secretary of Agriculture, and the Board.
(d) Equal Value Exchange.--
(1) In general.--The value of the Federal land and State
land to be exchanged under this Act--
(A) shall be equal; or
(B) shall be made equal in accordance with
subsection (e).
(2) Appraisals.--
(A) In general.--The value of the Federal land and
State land shall be determined in accordance with
appraisals conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) any appraisal instructions of the
Secretary and the Secretary of Agriculture,
(B) Approval.--Any appraisal conducted under
subparagraph (A) shall be reviewed and approved by--
(i) the Secretary and the Secretary of
Agriculture; or
(ii) an interdepartmental appraisal review
team established jointly by the Secretary and
the Secretary of Agriculture.
(e) Cash Equalization.--
(1) In general.--If the value of the Federal land and State
land is not equal, the value may be equalized by the payment of
cash to the United States or to the State, as appropriate, in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)).
(2) Disposition and use of proceeds.--
(A) Disposition of proceeds.--Any cash equalization
payments received by the United States under paragraph
(1) shall be deposited in the fund established under
Public Law 90-171 (commonly known as the ``Sisk Act'')
(16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under
paragraph (2) shall be available to the Secretary of
Agriculture, without further appropriation and until
expended, for the acquisition of land and interests in
land for addition to the National Forest System in the
State.
(f) Rights-of-Way.--As specified in the Agreement--
(1) the Secretary of Agriculture, under the authority of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), shall convey to the State any easements or other
rights-of-way to National Forest System land that are
appropriate to provide access to the Federal land acquired by
the State under this Act; and
(2) the State shall convey to the United States any
easements or other rights-of-way to land owned by the State
that are agreed to by the Secretary of Agriculture and the
State.
(g) Costs.--The City, either directly or through a collection
agreement with the Secretary and the Secretary of Agriculture, shall
pay the administrative costs associated with the conveyance of the
Federal land and State land, including the costs of any field
inspections, environmental analyses, appraisals, title examinations,
and deed and patent preparations.
SEC. 4. MANAGEMENT OF FEDERAL LAND.
(a) Transfer of Administrative Jurisdiction.--
(1) In general.--There is transferred from the Secretary to
the Secretary of Agriculture administrative jurisdiction over
the land described in paragraph (2).
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 2,111 acres of Bureau of Land
Management land located in Shoshone County, Idaho, as generally
depicted in exhibit A3 of the Agreement.
(3) Management.--
(A) In general.--On transfer of administrative
jurisdiction over the land to the Secretary of
Agriculture under paragraph (1), the land shall be
managed by the Secretary of Agriculture in accordance
with the laws (including regulations) applicable to the
National Forest System.
(B) Wilderness study areas.--Any land designated as
a Wilderness Study Area that is transferred to the
Secretary of Agriculture under paragraph (1) shall be
managed in a manner that preserves the suitability of
land for designation as wilderness until Congress
determines otherwise.
(b) Additions to the National Forest System.--The Secretary of
Agriculture shall administer any State land conveyed to the United
States under this Act for administration by the Secretary of
Agriculture in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) any laws (including regulations) applicable to the
National Forest System.
(c) Land to Be Managed by the Secretary.--The Secretary shall
administer any State land conveyed to the United States under this Act
for administration by the Secretary as acquired land in accordance
with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) other applicable laws.
(d) Land and Resource Management Plans.--
(1) In general.--Acquisition by the United States of the
State land under this Act shall not require a revision or
amendment to the applicable land and resource management plan
of the Forest Service or the Bureau of Land Management.
(2) Renewal.--When a land and resource management plan of
the Forest Service or the Bureau of Land Management, as
appropriate, is renewed, the plan shall take into account the
State land acquired under this Act.
(3) Management.--Pending completion of the land and
resource management plan renewal process under paragraph (2),
the Secretary and the Secretary of Agriculture shall manage the
acquired State land in accordance with the standards and
guidelines in the applicable land and resource management plans
for adjacent land managed by the Secretary and the Secretary of
Agriculture.
(e) National Forest Boundaries.--For purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Idaho Panhandle National Forest and Clearwater
National Forest, as modified by the exchange authorized by this Act,
shall be considered to be the boundaries of the Idaho Panhandle
National Forest and Clearwater National Forest as of January 1, 1965.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Legal Descriptions.--The Secretary, the Secretary of
Agriculture, and the Board may modify the descriptions of land
specified in the Agreement to--
(1) correct errors;
(2) make minor adjustments to the parcels based on a survey
or other means; or
(3) reconfigure the parcels to facilitate the land
exchange.
(b) Maps.--If there is a discrepancy between a map, acreage
estimate, and written legal description of the Federal land or State
land, the written legal description shall prevail.
(c) Revocation of Orders.--Subject to valid existing rights, any
public land orders withdrawing any of the Federal land from
appropriation or disposal under the public land laws are revoked to the
extent necessary to permit disposal of the Federal land.
(d) Withdrawals.--
(1) Federal land.--Subject to valid existing rights,
pending completion of the land exchange, the Federal land is
withdrawn from--
(A) all forms of location, entry, and patent under
the mining and public land laws; and
(B) disposition under the mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(2) State land.--Subject to valid existing rights, the land
transferred to the Secretary of Agriculture under section 4(a)
and, on acquisition by the United States, the State land, are
withdrawn from--
(A) all forms of location, entry, and patent under
the mining and public land laws; and
(B) disposition under the mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(3) Effect.--Nothing in this section precludes the
Secretary or the Secretary of Agriculture from using common
varieties of mineral materials for construction and maintenance
of Federal roads and facilities on the State land acquired
under this Act and any adjacent Federal land.
(e) Congressional Finding on Need for Additional Analysis.--
Congress finds that--
(1) the Forest Service and the Bureau of Land Management
have conducted adequate analyses and reviews of the
environmental impacts of the exchange authorized under section
3(a); and
(2) no further administrative or environmental analyses or
examination shall be required to carry out any activities
authorized under this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior, USDA.
Referred to the Subcommittee on Forests and Forest Health.
Subcommittee Hearings Held.
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