Text: H.R.1138 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-46 (08/07/2015)

 
[114th Congress Public Law 46]
[From the U.S. Government Publishing Office]



[[Page 475]]

      SAWTOOTH NATIONAL RECREATION AREA AND JERRY PEAK WILDERNESS 
                              ADDITIONS ACT

[[Page 129 STAT. 476]]

Public Law 114-46
114th Congress

                                 An Act


 
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. <<NOTE: Aug. 7, 2015 -  [H.R. 1138]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Sawtooth 
National Recreation Area and Jerry Peak Wilderness Additions Act.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sawtooth National 
Recreation Area and Jerry Peak Wilderness Additions Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                land administered by the Forest Service; or
                    (B) the Secretary of the Interior, with respect to 
                land administered by the Bureau of Land Management.
            (2) Wilderness area.--The term ``wilderness area'' means any 
        of the areas designated as a component of the National 
        Wilderness Preservation System by section 101.

[[Page 129 STAT. 477]]

                    TITLE I--WILDERNESS DESIGNATIONS

SEC. 101. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN 
                        THE STATE OF IDAHO.

    (a) <<NOTE: 16 USC 1132 note.>>  Hemingway-Boulders Wilderness.--In 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 
Federal lands in the Sawtooth and Challis National Forests in the State 
of Idaho, comprising approximately 67,998 acres, as generally depicted 
on the map entitled ``Hemingway/Boulders Wilderness Area-Proposed'' and 
dated February 25, 2015, are designated as wilderness and as a component 
of the National Wilderness Preservation System, which shall be known as 
the ``Hemingway-Boulders Wilderness''.

    (b) <<NOTE: 16 USC 1132 note.>>  White Clouds Wilderness.--In 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 
Federal lands in the Sawtooth and Challis National Forests in the State 
of Idaho, comprising approximately 90,769 acres, as generally depicted 
on the map entitled ``White Clouds Wilderness Area-Proposed'' and dated 
March 13, 2014, are designated as wilderness and as a component of the 
National Wilderness Preservation System, which shall be known as the 
``White Clouds Wilderness''.

    (c) <<NOTE: 16 USC 1132 note.>>  Jim McClure-Jerry Peak 
Wilderness.--In accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), certain Federal lands in the Challis National Forest and Challis 
District of the Bureau of Land Management in the State of Idaho, 
comprising approximately 116,898 acres, as generally depicted on the map 
entitled ``Jim McClure-Jerry Peak Wilderness'' and dated February 21, 
2015, are designated as wilderness and as a component of the National 
Wilderness Preservation System, which shall be known as the ``Jim 
McClure-Jerry Peak Wilderness''.

    (d) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives a 
        map and legal description for each wilderness area.
            (2) Effect.--Each map and legal description submitted under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Availability.--Each map and legal description submitted 
        under paragraph (1) shall be available in the appropriate 
        offices of the Forest Service or the Bureau of Land Management.
SEC. 102. ADMINISTRATION.

    (a) In General.--Subject to valid existing rights, each wilderness 
area shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
            (1) any reference in that Act to the effective date shall be 
        considered to be a reference to the date of enactment of this 
        Act; and
            (2) with respect to wilderness areas that are administered 
        by the Secretary of the Interior, any reference in the 
        Wilderness Act to the Secretary of Agriculture shall be 
        considered to be a reference to the Secretary of the Interior.

[[Page 129 STAT. 478]]

    (b) Consistent Interpretation.--The Secretary of Agriculture and the 
Secretary of the Interior shall seek to ensure that the wilderness areas 
are interpreted for the public as an overall complex linked by--
            (1) common location in the Boulder-White Cloud Mountains; 
        and
            (2) common identity with the natural and cultural history of 
        the State of Idaho and the Native American and pioneer heritage 
        of the State.

    (c) <<NOTE: Deadline.>>  Comprehensive Wilderness Management Plan.--
Not later than 3 years after the date of enactment of this Act, the 
Secretary of Agriculture and the Secretary of the Interior shall 
collaboratively develop wilderness management plans for the wilderness 
areas.

    (d) Fire, Insects, and Disease.--Within the wilderness areas, the 
Secretary may take such measures as the Secretary determines to be 
necessary for the control of fire, insects, and disease in accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)).
    (e) Livestock.--
            (1) <<NOTE: Guidelines.>>  In general.--Within the 
        wilderness areas, the grazing of livestock in which grazing is 
        established before the date of enactment of this Act shall be 
        allowed to continue, subject to such reasonable regulations, 
        policies, and practices as the Secretary determines to be 
        necessary, in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
                1131(d)(4));
                    (B) with respect to wilderness areas administered by 
                the Secretary of Agriculture, the guidelines described 
                in House Report 96-617 of the 96th Congress; and
                    (C) with respect to wilderness areas administered by 
                the Secretary of the Interior, the guidelines described 
                in appendix A of House Report 101-405 of the 101st 
                Congress.
            (2) Donation of grazing permits and leases.--
                    (A) Acceptance by secretary.--
                          (i) In general.--The Secretary shall accept 
                      the donation of any valid existing leases or 
                      permits authorizing grazing on public land or 
                      National Forest System land, all or a portion of 
                      which are within the area depicted as the 
                      ``Boulder White Clouds Grazing Area'' on the map 
                      entitled ``Boulder White Clouds Grazing Area Map'' 
                      and dated January 27, 2010.
                          (ii) Partial donation.--A person holding a 
                      valid grazing permit or lease for a grazing 
                      allotment partially within the area described in 
                      clause (i) may elect to donate only the portion of 
                      the grazing permit or lease that is within the 
                      area.
                    (B) Termination.--With respect to each permit or 
                lease donated under subparagraph (A), the Secretary 
                shall--
                          (i) terminate the grazing permit or lease or 
                      portion of the permit or lease; and
                          (ii) except as provided in subparagraph (C), 
                      ensure a permanent end to grazing on the land 
                      covered by the permit or lease or portion of the 
                      permit or lease.
                    (C) Common allotments.--

[[Page 129 STAT. 479]]

                          (i) In general.--If the land covered by a 
                      permit or lease donated under subparagraph (A) is 
                      also covered by another valid grazing permit or 
                      lease that is not donated, the Secretary shall 
                      reduce the authorized level on the land covered by 
                      the permit or lease to reflect the donation of the 
                      permit or lease under subparagraph (A).
                          (ii) Authorized level.--To ensure that there 
                      is a permanent reduction in the level of grazing 
                      on the land covered by the permit or lease donated 
                      under subparagraph (A), the Secretary shall not 
                      allow grazing use to exceed the authorized level 
                      established under clause (i).
                    (D) Partial donation.--If a person holding a valid 
                grazing permit or lease donates less than the full 
                amount of grazing use authorized under the permit or 
                lease, the Secretary shall--
                          (i) reduce the authorized grazing level to 
                      reflect the donation; and
                          (ii) modify the permit or lease to reflect the 
                      revised level or area of use.

    (f) Outfitting and Guide Activities.--In accordance with section 
4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial 
services (including authorized outfitting and guide activities) within 
the wilderness areas are authorized to the extent necessary for 
activities which are proper for realizing the recreational or other 
wilderness purposes of the wilderness areas.
    (g) Fish and Wildlife.--Nothing in this title affects the 
jurisdiction of the State of Idaho with respect to the management of 
fish and wildlife on public land in the State, including the regulation 
of hunting, fishing, and trapping within the wilderness areas.
    (h) Access.--In accordance with section 5(a) of the Wilderness Act 
(16 U.S.C. 1134(a)), the Secretary shall provide the owner of State or 
private property within the boundary of a wilderness area adequate 
access to the property.
SEC. 103. WATER RIGHTS.

    (a) Statutory Construction.--Nothing in this title--
            (1) shall constitute either an express or implied 
        reservation by the United States of any water rights with 
        respect to the wilderness areas designated by section 101;
            (2) affects any water rights--
                    (A) in the State of Idaho existing on the date of 
                enactment of this Act, including any water rights held 
                by the United States; or
                    (B) decreed in the Snake River Basin Adjudication, 
                including any stipulation approved by the court in such 
                adjudication between the United States and the State of 
                Idaho with respect to such water rights; or
            (3)(A) establishes a precedent with regard to any future 
        wilderness designations; or
            (B) limits, alters, modifies, or amends section 9 of the 
        Sawtooth National Recreation Area Act (16 U.S.C. 460aa-8).

    (b) New Projects.--
            (1) Prohibition.--Except as otherwise provided in this Act, 
        on and after the date of the enactment of this Act, neither

[[Page 129 STAT. 480]]

        the President nor any other officer, employee, or agent of the 
        United States shall fund, assist, authorize, or issue a license 
        or permit for the development of any new water resource facility 
        inside any of the wilderness areas designated by section 101.
            (2) Definition.--In this subsection, the term ``water 
        resource facility'' means irrigation and pumping facilities, 
        reservoirs, water conservation works, aqueducts, canals, 
        ditches, pipelines, wells, hydropower projects, and transmission 
        and other ancillary facilities, and other water diversion, 
        storage, and carriage structures.
SEC. 104. MILITARY OVERFLIGHTS.

    Nothing in this title restricts or precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas, including military overflights that can be 
        seen or heard within the wilderness areas;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the wilderness areas.
SEC. 105. ADJACENT MANAGEMENT.

    (a) In General.--Nothing in this title creates a protective 
perimeter or buffer zone around a wilderness area.
    (b) Activities Outside Wilderness Area.--The fact that an activity 
or use on land outside a wilderness area can be seen or heard within the 
wilderness area shall not preclude the activity or use outside the 
boundary of the wilderness area.
SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title diminishes the treaty rights of any Indian 
tribe.
SEC. 107. ACQUISITION OF LAND AND INTERESTS IN LAND.

    (a) Acquisition.--
            (1) In general.--The Secretary may acquire any land or 
        interest in land within the boundaries of the wilderness areas 
        by donation, exchange, or purchase from a willing seller.
            (2) <<NOTE: Deadline.>>  Land exchange.--Not later than 3 
        years after the date of enactment of this Act, the Secretary 
        shall seek to complete an exchange for State land located within 
        the boundaries of the wilderness areas designated by this title.

    (b) Incorporation in Wilderness Area.--Any land or interest in land 
located inside the boundary of a wilderness area that is acquired by the 
United States after the date of enactment of this Act shall be added to, 
and administered as part of the wilderness area.
SEC. 108. WILDERNESS REVIEW.

    (a) <<NOTE: Repeal.>>  National Forest System Land.--Section 5 of 
Public Law 92-400 (16 U.S.C. 460aa-4) is repealed.

    (b) Public Land.--
            (1) Finding.--Congress finds that, for purposes of section 
        603 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1782), the public land administered by the Bureau of Land 
        Management in the following wilderness study areas have been 
        adequately studied for wilderness designation:
                    (A) Jerry Peak Wilderness Study Area.

[[Page 129 STAT. 481]]

                    (B) Jerry Peak West Wilderness Study Area.
                    (C) Corral-Horse Basin Wilderness Study Area.
                    (D) Boulder Creek Wilderness Study Area.
            (2) Release.--Any public land within the areas described in 
        paragraph (1) that is not designated as wilderness by this 
        title--
                    (A) shall not be subject to section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c)); and
                    (B) shall be managed in accordance with land 
                management plans adopted under section 202 of that Act 
                (43 U.S.C. 1712).

TITLE <<NOTE: Central Idaho Economic Development and Recreation Act.>>  
II--LAND CONVEYANCES FOR PUBLIC PURPOSES
SEC. 201. SHORT TITLE.

    This title may be cited as the ``Central Idaho Economic Development 
and Recreation Act''.
SEC. 202. BLAINE COUNTY, IDAHO.

    The <<NOTE: Permits.>>  Secretary of Agriculture shall issue a 
special use permit or convey to Blaine County, Idaho, without 
consideration, not to exceed 1 acre of land for use as a school bus 
turnaround, as generally depicted on the map entitled ``Blaine County 
Conveyance--Eagle Creek Parcel--Proposed'' and dated October 1, 2006.
SEC. 203. CUSTER COUNTY, IDAHO.

    (a) Park and Campground.--The Secretary of the Interior shall convey 
to Custer County, Idaho (in this section referred to as the ``County''), 
without consideration, approximately 114 acres of land depicted as 
``Parcel A'' on the map entitled ``Custer County and City of Mackay 
Conveyances'' and dated April 6, 2010, for use as a public park and 
campground, consistent with uses allowed under the Act of June 14, 1926 
(commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869 
et seq.).
    (b) Fire Hall.--The Secretary of the Interior shall convey to the 
County, without consideration, approximately 10 acres of land depicted 
as ``Parcel B'' on the map entitled ``Custer County and City of Mackay 
Conveyances'' and dated April 6, 2010, for use as a fire hall, 
consistent with uses allowed under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
    (c) Waste Transfer Site.--The Secretary of the Interior shall convey 
to the County, without consideration, approximately 80 acres of land 
depicted as ``Parcel C'' on the map entitled ``Custer County and City of 
Mackay Conveyances'' and dated April 6, 2010, to be used for a waste 
transfer site, consistent with uses allowed under the Act of June 14, 
1926 (commonly known as the Recreation and Public Purposes Act; 43 
U.S.C. 869 et seq.).
    (d) Forest Service Road.--
            (1) Conveyance.--The Secretary of Agriculture shall convey 
        to the County, without consideration, the Forest Service road 
        that passes through the parcel of National Forest System land to 
        be conveyed to the City of Stanley, Idaho, under section 206 
        from the junction of the road with Highway 75 to the

[[Page 129 STAT. 482]]

        junction with Valley Creek Road at the City of Stanley boundary.
            (2) Relocation.--The conveyance under paragraph (1) is 
        subject to the condition that the County agree to relocate the 
        portion of the road that passes through the section 206 
        conveyance parcel to the southeast along the boundary of the 
        conveyance parcel.
SEC. 204. CITY OF CHALLIS, IDAHO.

    The Secretary of the Interior shall convey to the City of Challis, 
Idaho, without consideration, approximately 460 acres of land within the 
area generally depicted as ``Parcel B'' on the map entitled ``Custer 
County and City of Challis Conveyances'' and dated February 2, 2010, to 
be used for public purposes consistent with uses allowed under the Act 
of June 14, 1926 (commonly known as the Recreation and Public Purposes 
Act; 43 U.S.C. 869 et seq.).
SEC. 205. CITY OF CLAYTON, IDAHO.

    (a) Cemetery.--The Secretary of the Interior shall convey to the 
City of Clayton, Idaho (in this section referred to as the ``City''), 
without consideration, approximately 23 acres of land depicted as 
``Parcel A'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for use as a public cemetery.
    (b) Park.--The Secretary of the Interior shall convey to the City, 
without consideration, approximately 2 acres of land depicted as 
``Parcel B'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for use as a public park or other public purpose 
consistent with uses allowed under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
    (c) Water Tower.--The Secretary of the Interior shall convey to the 
City, without consideration, approximately 2 acres of land depicted as 
``Parcel C'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for location of a water tower, consistent with uses 
allowed under the Act of June 14, 1926 (commonly known as the Recreation 
and Public Purposes Act; 43 U.S.C. 869 et seq.).
    (d) Wastewater Treatment Facility.--The Secretary of the Interior 
shall convey to the City, without consideration, approximately 6 acres 
of land depicted as ``Parcel D'' on the map entitled ``City of Clayton 
Conveyances'' and dated April 6, 2010 (including any necessary access 
right-of-way across the river), for use as a wastewater treatment 
facility, consistent with uses allowed under the Act of June 14, 1926 
(commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869 
et seq.).
    (e) Fire Hall.--The Secretary of the Interior shall convey to the 
City, without consideration, approximately 2 acres of land depicted as 
``Parcel E'' on the map entitled ``City of Clayton Conveyances'' and 
dated April 6, 2010, for use as a fire hall and related purposes, 
consistent with uses allowed under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
SEC. 206. CITY OF STANLEY, IDAHO.

    (a) Workforce Housing.--The Secretary of Agriculture shall convey to 
the City of Stanley, Idaho (in this section referred to as the 
``City''), without consideration, a parcel of National Forest System 
land within the Sawtooth National Recreation Area, but

[[Page 129 STAT. 483]]

outside the area managed by the Sawtooth Interpretative and Historical 
Association under special use permit with the Secretary, that consists 
of approximately 4 acres as indicated on the map entitled ``Custer 
County and City of Stanley Conveyance Parcel-Proposed'' and dated 
February 24, 2015, for the purpose of permitting the City to develop the 
parcel to provide workforce housing for persons employed in the City or 
its environs.
    (b) Number and Construction of Housing.--The City will construct up 
to 20 apartment units on the parcel conveyed under subsection 
(a). <<NOTE: Determination. Consultation.>>  The actual design and 
configuration of the apartment units will be determined by the City in 
consultation with the Secretary and other interested parties, except 
that units may not exceed 2 stories and must be located near or against 
the hillside to blend in with the terrain.

    (c) Recreation Area Private Land Use Regulations.--The private land 
use regulations of the Sawtooth National Recreation Area shall not apply 
to the parcel conveyed under subsection (a), including with regard to 
the number and type of apartments units to be constructed on the parcel.
    (d) Removal of Existing Structure.--The Secretary shall be 
responsible for the removal of the barn located, as of the date of the 
enactment of this Act, on the parcel to be conveyed under subsection 
(a). The Secretary may remove the barn either before the conveyance of 
the parcel or at such later date as the City may request.
    (e) Relation to Required Reversionary Interest.--Consistent with the 
reversionary interest required by section 207(b), the City may contract 
for the development and management of the apartment units constructed on 
the parcel conveyed under subsection (a) so long as the City retains 
ownership of the parcel in perpetuity.
SEC. 207. TERMS AND CONDITIONS OF PERMITS OR LAND CONVEYANCES.

    (a) Terms and Conditions.--The issuance of a special use permit or 
the conveyance of land under this title shall be subject to any terms 
and conditions that the Secretary determines to be appropriate.
    (b) <<NOTE: Determination.>>  Reversionary Interest.--If any parcel 
of land conveyed under this title ceases to be used for the public 
purpose for which the parcel was conveyed, the parcel shall, at the 
discretion of

[[Page 129 STAT. 484]]

the Secretary, based on a determination that reversion is in the best 
interests of the United States, revert to the United States.

    Approved August 7, 2015.

LEGISLATIVE HISTORY--H.R. 1138:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-229 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 161 (2015):
            July 27, considered and passed House.
            Aug. 4, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2015):
            Aug. 7, Presidential remarks.

                                  <all>

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