[109th Congress Public Law 372]
[From the U.S. Government Printing Office]
[DOCID: f:publ372.109]
[[Page 120 STAT. 2645]]
Public Law 109-372
109th Congress
An Act
To authorize the exchange of certain Federal land within the State of
Idaho, and for other purposes. <<NOTE: Nov. 27, 2006 - [S. 1131]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Idaho Land Enhancement
Act. Conservation.>> 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.
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(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) <<NOTE: Extension date.>> 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.
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(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--
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(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
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of Federal roads and facilities on the State land acquired under
this Act.
Approved November 27, 2006.
LEGISLATIVE HISTORY--S. 1131:
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SENATE REPORTS: No. 109-232 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 29, considered and passed Senate.
Nov. 13, considered and passed House.
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