[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1138 Enrolled Bill (ENR)]
H.R.1138
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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bdae385c0ad20afcbb0cb8617b8fadcae6a05769c354db52705180c1c54373e7

TITLE I

-WILDERNESS DESIGNATIONS

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.

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TITLE II

-LAND CONVEYANCES FOR PUBLIC PURPOSES

THE STATE OF IDAHO.
(a) 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) 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) 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.

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(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.
(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) 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) 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.--
(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.

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(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 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.

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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.

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(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.

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Nothing in this title diminishes the treaty rights of any Indian
tribe.

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(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) 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.

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(a) 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.
(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).

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This title may be cited as the ``Central Idaho Economic Development
and Recreation Act''.

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The 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.

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(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 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.

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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.).

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(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.).

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(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 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). 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.

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(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) 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 the
Secretary, based on a determination that reversion is in the best
interests of the United States, revert to the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Sawtooth National Recreation Area and Jerry Peak Wilderness Additions Act — HR. 1138

Other Sections

TITLE I

TITLE II

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