IDAHO LAND ENHANCEMENT ACT; Congressional Record Vol. 152, No. 125
(Senate - September 29, 2006)

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[Pages S10528-S10530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       IDAHO LAND ENHANCEMENT ACT

  The Senate proceeded to consider the bill (S. 1131) to authorize the 
exchange of certain Federal land within the State of Idaho, and for 
other purposes, which had been reported from the Committee on Energy 
and Natural Resources, with an amendment to strike all after the 
enacting clause and inserting in lieu thereof the following:

     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

[[Page S10529]]

       (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.
       (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.

  The amendment (No. 5108) was agreed to, as follows:


                           AMENDMENT NO. 5108

   (Purpose: To add a provision relating to the term of approval of 
            appraisals by the interdepartmental review team)

       On page 15, between lines 22 and 23, insert the following:
       (3) Term of approval.--The term of approval of the 
     appraisals by the interdepartmental review team is extended 
     to September 13, 2008.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill S. 1131 was ordered to be engrossed for a third reading, was 
read the third time; and passed, as follows:

                                S. 1131

       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.

[[Page S10530]]

       (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.

                          ____________________