[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1131 Enrolled Bill (ENR)]
S.1131
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
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 April 2005 entitled ``Agreement to Initiate, Boise
Foothills--Northern Idaho Land Exchange'', as modified by the
agreement executed in March 2006 entitled ``Amendment No. 1'', 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 identified in exhibit A2 of the Agreement and as
generally depicted on the maps.
(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) Maps.--The term ``maps'' means maps 1 through 7 entitled
``Parcel Identification Map: Idaho Lands Enhancement Act Land
Exchange'' and dated February 28, 2006.
(7) 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;
(C) identified in exhibit A2 of the Agreement; and
(D) generally depicted on the maps.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(9) State.--The term ``State'' means the State of Idaho,
Department of Lands.
(10) State land.--The term ``State land'' means the
approximately 11,815 acres of land (including all appurtenances to
the land) administered by the State that is proposed to be acquired
by the United States, as identified in exhibit A1 of the Agreement
and as generally depicted on the maps.
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) Valid Existing Rights.--The conveyance of the Federal land and
State land shall be subject to all valid existing rights.
(c) 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 (d).
(2) Appraisals.--The value of the Federal land and State land
shall be determined in accordance with appraisals--
(A) conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice;
(B) reviewed by an interdepartmental review team comprised
of representatives of Federal and State agencies; and
(C) approved by the Secretary or the Secretary of
Agriculture, as appropriate.
(3) Term of approval.--The term of approval of the appraisals
by the interdepartmental review team is extended to September 13,
2008.
(d) 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 subparagraph
(A) 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.
(e) Timing.--It is the intent of Congress that the land exchange
authorized and directed by this Act shall be completed not later than
180 days after the date of enactment of this Act.
(f) Rights-of-Way.--
(1) Rights-of-way to national forest system land.--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--
(A) appropriate to provide access to the National Forest
System land acquired by the State; and
(B) agreed to by the Secretary of Agriculture and the
State.
(2) Rights-of-way to state land.--The State shall convey to the
United States any easements or other rights-of-way to land owned by
the State that are--
(A) appropriate to provide access to the State land
acquired by the United States; and
(B) agreed to by--
(i) the Secretary or the Secretary of Agriculture; and
(ii) 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 2,110 acres of land that is administered by
the Bureau of Land Management and located in Shoshone County,
Idaho, as generally identified in exhibit A3 of the Agreement.
(3) 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 land transferred to, or conveyed to
the United States 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) the 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 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 Water Conservation Fund.--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 Forests and the
Clearwater National Forest shall be considered to be the boundaries of
the Idaho Panhandle National Forests and the Clearwater National
Forest, respectively, 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; or
(2) make minor adjustments to the parcels based on a survey or
other means.
(b) 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.
(c) 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 United States under this Act 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.).
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.