“IDAHO LAND ENHANCEMENT ACT” published by the Congressional Record on Nov. 13, 2006

“IDAHO LAND ENHANCEMENT ACT” published by the Congressional Record on Nov. 13, 2006

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Volume 152, No. 127 covering the 2nd Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“IDAHO LAND ENHANCEMENT ACT” mentioning the U.S. Dept of State was published in the House of Representatives section on pages H8584-H8586 on Nov. 13, 2006.

The publication is reproduced in full below:

[Pages H8584-H8586]

IDAHO LAND ENHANCEMENT ACT

Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 1131) to authorize the exchange of certain Federal land within the State of Idaho, and for other purposes.

The Clerk read 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.

(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. Passed the Senate September 29, 2006.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from California (Mr. Radanovich) and the gentlewoman from South Dakota (Ms. Herseth) each will control 20 minutes.

The Chair recognizes the gentleman from California.

General Leave

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members may be given 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from California?

There was no objection.

Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may consume.

The Boise foothills provide a beautiful, open-space backdrop for the city of Boise. For decades, community members have sought a way to protect open space, and in May 2001, the citizens of Boise approved a tax to secure open space in the foothills.

Roughly 7,700 acres of land in the Boise foothills is owned by the State of Idaho. The State is required to manage these lands to maximize revenue, which would likely lead to development. S. 1131, introduced by Senator Larry Craig in the Senate and Congressman Butch Otter in the House, would remedy this problem by codifying an agreement produced collaboratively by the city of Boise and the State of Idaho and the Forest Service and the Bureau of Land Management. The agreement would exchange Idaho State endowment lands on an equal-value basis with other Federal and State lands across a broad area in the State.

I urge support of this important measure.

Mr. Speaker, I reserve the balance of my time.

Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.

(Ms. HERSETH asked and was given permission to revise and extend her remarks.)

Ms. HERSETH. Mr. Speaker, this land exchange reflects an agreement reached between the Forest Service, Bureau of Land Management, Idaho Department of Lands, and the city of Boise.

The city of Boise has significant interest in preserving the Boise foothills for open space. However, the State of Idaho has a constitutional mandate to maximize revenue on their State lands and cannot manage State lands in the Boise foothills for open space.

Therefore, S. 1131 transfers 11,815 acres of lands from the Idaho Department of Lands to the Forest Service and Bureau of Land Management to be managed for open space preservation for the benefit of the city of Boise. The State Department of Lands will acquire 7,220 acres of National Forest System lands that are timber-producing lands and 605 acres of lands from the Bureau of Land Management.

Mr. Speaker, we have no objections to S. 1131.

Mr. OTTER. Mr. Speaker, I rise today in support of S. 1131 the Idaho Land Enhancement Act. This legislation directs the Secretaries of Agriculture and Interior to exchange land with the State of Idaho, including key parcels in the Boise Foothills and North Idaho.

Protecting the Boise Foothills from unchecked development has long been a priority for residents of Boise, Idaho. In May 2001 the citizens of Boise, in one of the highest voter turnouts in city history, elected to tax themselves in order to provide funding to secure permanent public open space in the Boise Foothills. The land exchange before you today is a key component of that effort.

The exchange concept was developed between the Idaho Department of Lands, the Bureau of Land Management and the U.S. Forest Service with the assistance of the City of Boise. It uses both Bureau of Land Management and Forest Service acreage to balance an exchange with Idaho State Endowment lands on an equal-value basis. Bureau of Land Management, Forest Service and Idaho Department of Lands staff have identified parcels that help reduce threats to federal forests and grasslands identified by the Chief of the Forest Service while conveying land to the State of Idaho that help the State's endowment fund beneficiaries.

I introduced identical legislation H.R. 2718, and I appreciate all of the assistance we got from the House Resources Committee in moving this bill through the process. This land exchange is an agreement on which everyone wins. The state of Idaho gets more timberland; the schools get more timber revenue; the people of the Boise area get more open space; and the state and federal agencies involved get a higher level of management efficiency.

I would appreciate your support of this small but important piece of legislation.

Ms. HERSETH. Mr. Speaker, I yield back the balance of my time.

Mr. RADANOVICH. Mr. Speaker, I have no additional speakers, and I yield back the balance of my time.

The SPEAKER pro tempore. The question is on the motion offered by the gentleman from California (Mr. Radanovich) that the House suspend the rules and pass the Senate bill, S. 1131.

The question was taken; and (two-thirds of those voting having responded in the affirmative) the rules were suspended and the Senate bill was passed.

A motion to reconsider was laid on the table.

____________________

SOURCE: Issue: Vol. 152, No. 127 — Daily Edition

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