[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.
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