ciedratitle1

Title 1 Economic Development & Recreation Promotion

H. R. 3603 109th CONGRESS 2d Session

TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION

Sec. 101. Land conveyance, designated Sawtooth National Recreation Area land to Custer County, Idaho.

Sec. 102. Land conveyance, designated Sawtooth National Forest and BLM land to Blaine County, Idaho.

Sec. 103. Land conveyance, designated National Forest System land to City of Stanley, Idaho.

Sec. 104. Land conveyance, designated BLM land to City of Clayton, Idaho.

Sec. 105. Land conveyance, designated BLM land to City of Mackay, Idaho.

Sec. 106. Land conveyance, designated BLM land to City of Challis, Idaho.

---------------- (language not in HR 3603)

Sec. 107. Land conveyance authority, support for motorized and bicycle recreation, public land in central Idaho.

Sec. 108. Treatment of existing roads and trails.

Sec. 109. Stanley-Redfish Lake bike and snowmobile trail and related parking lot.

Sec. 110. Support for other trail construction and maintenance activities.

Sec. 111. Support for outfitter and guide activities.

Sec. 112. Grants to support sustainable economic development and recreation.

Sec. 113. Continuation of public access to Bowery National Forest Guard Station.

Sec. 114. Expansion and improvement of Herd Lake Campground.

Sec. 115. Land exchange to eliminate State of Idaho inholdings in Sawtooth National Recreation Area and new wilderness area

TITLE I--CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION

SEC. 101. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL RECREATION AREA LAND TO CUSTER COUNTY, IDAHO.

(a) Conveyance Required- Subject to the deed restrictions required by subsection (b), the Secretary of Agriculture, acting through the Chief of the Forest Service, shall convey, without consideration, to Custer County, Idaho (in this section referred to as the `County'), all right, title, and interest of the United States in and to certain Federal land in the Sawtooth National Recreation Area consisting of a total of approximately 86 acres, including a road encompassing approximately 15 acres, adjoining the northern boundary of the City of Stanley, Idaho, and identified as Parcel B on the map entitled `Custer County Conveyance--STANLEY' and dated July 24, 2006.

(b) Use of Conveyed Land- In making the conveyance under subsection (a) to the County, the Secretary shall include the following deed restrictions relating to the use of the conveyed land to ensure that such use is consistent with the planning process of the County and management of the Sawtooth National Recreation Area:

(1) LIMITATION ON NUMBER OF HOME SITES- Not more than 10 home sites may be developed on the conveyed land, and houses and outbuildings constructed on the home sites may not be visible from Highways 75 and 21.

(2) LIMITATIONS REGARDING HOUSE CONSTRUCTION- Not more than one single-family house may be constructed on each home site, and each house shall be subject to the following requirements:

(A) USE- Residential.

(B) SIZE- Not more than 3,500 square feet gross floor space, including attached garage, but excluding basements, decks, and porches. No more than 26 feet in height from natural ground level, excluding any chimney.

(C) DESIGN- Western ranch-style, having rectangular or square sections with no more than three ridgelines, excluding dormers.

(D) WINDOWS- Rectangular or square, divided light, and no more than 24 square feet in size. Windows shall not exceed 30 percent of the area of any wall.

(E) STRUCTURAL SIDING- Log, log-sided, rough-sawn lumber, board and batten, or suitable wood substitutes, which shall be harmoniously colored or have a natural wood finish.

(F) ROOF- Wood, composite, or non-reflective metal in muted earth tones of brown.

(3) LIMITATIONS REGARDING OUTBUILDINGS- Not more than two outbuildings may be constructed on each home site, and such outbuildings shall be subject to the following requirements:

(A) USE- A outbuilding may not include kitchen or sleeping facilities or otherwise be equipped for residential purposes.

(B) SIZE- No more than 850 square feet gross floor space in the aggregate. Single story, no more than 26 feet from natural ground level.

(D) WINDOWS- Rectangular or square, divided light of no more than 24 square feet.

(E) STRUCTURAL SIDING- Log, log-sided, rough-sawn lumber, board and batten, or suitable wood substitutes, which shall be harmoniously colored or have a natural wood finish.

(F) ROOF- Wood, composite, or non-reflective metal in muted earth tones of brown.

(4) LIMITATIONS REGARDING SATELLITE DISH- Each home site may contain not more than one satellite dish, not to exceed 24 inches in diameter, which shall be located as unobtrusively as best available technology allows.

(5) LIMITATIONS REGARDING EXTERIOR LIGHTING- Each home site may contain not than two exterior lighting sources, which shall be shielded downwards and may not exceed 150 watts each. Neither light source may be flashing.

(6) LIMITATIONS REGARDING LANDSCAPING- The landscaping for each home site shall be compatible with the open setting of the home site and incorporate materials, groundcover, shrubs, and trees that are indigenous to the area. Areas exposed due to excavation shall be rehabilitated to pre-excavation conditions within two years following completion of construction.

(7) LIMITATIONS REGARDING ROADS AND DRIVEWAYS- Any road or driveway for a home site may not exceed 14 feet in width.

(8) LIMITATIONS REGARDING FENCING- Fences on a home site shall be in the log worm, log block, or jack style and shall incorporate wildlife-friendly elements.

(9) LIMITATIONS REGARDING UTILITIES- All new utilities serving a home site shall be located underground.

(1) SUBDIVISION- Except as expressly authorized in subsection (b) regarding the land conveyed under subsection (a), the conveyed land may not be divided, subdivided or defacto subdivided through sales, long-term leases, or other means.

(2) PROHIBITED USES- The land conveyed under subsection (a) may not be used for any of the following purposes:

(A) Commercial, manufacturing, industrial, mining, or drilling operations, except that small in-home businesses, such as professional services, may be allowed.

(B) Exploration, development, or extraction of minerals.

(D) Placement of residential trailers, mobile homes, manufactured homes, modular buildings, or other such semi-permanent structures.

(E) Placement of towers, antennae, or satellite dishes that are not concealed from public view, except to the extent that the right is expressly granted in subsection (b)(4).

(F) Placement of signs, billboards, or other advertising devices, other than one property identification sign and one for sale or rental sign, not to exceed two square feet in area, and such signs shall be harmonious in design and color with the surroundings.

(G) Disposal or unlawful storage of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

(d) Survey and Legal Description- The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary. The legal description shall be prepared as soon as practicable after the date of the enactment of this Act.

(e) Approval and Access Requirements- Any improvement to be made to a home site developed on the land conveyed under subsection (a) shall be subject to the approval in writing, and in advance of being made, by the appropriate County officials. Representatives of the County may enter the home sites at reasonable times to monitor compliance with the deed restrictions imposed by subsection (b).

(f) Enforcement- As a condition on the conveyance under subsection (a), the County shall agree to enforce the deed restrictions imposed by subsections (b) and (c).

(g) Reversionary Interest- If the Secretary determines at any time that a home site developed on the land conveyed under subsection (a) is not in compliance with the deed restrictions imposed by subsection (b) or (c), all right, title, and interest in and to the home site, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing, and the Secretary shall give the landowner a reasonable opportunity to restore the home site to compliance with the deed restrictions.

(h) Road Access- In making the conveyance under subsection (a) to the County, the Secretary shall include a deed restriction requiring that the road referred to in such subsection shall remain open to the public to provide access to adjacent Federal land and private property.

(i) Additional Term and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 102. LAND CONVEYANCE, DESIGNATED SAWTOOTH NATIONAL FOREST AND BLM LAND TO BLAINE COUNTY, IDAHO.

(a) Conveyance Required- The Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to Blaine County, Idaho (in this section referred to as the `County'), all right, title, and interest of the United States in and to the parcels of Federal land in the Sawtooth National Forest and Bureau of Land Management land identified for conveyance under this section on the map entitled `Blaine County Conveyance' and dated July 24, 2006.

(b) Survey- The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary.

(c) Additional Term and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 103. LAND CONVEYANCE, DESIGNATED NATIONAL FOREST SYSTEM LAND TO CITY OF STANLEY, IDAHO.

(a) Conveyance Required- Subject to the deed restrictions required by subsection (b), the Secretary of Agriculture, acting through the Chief of the Forest Service, shall convey to the City of Stanley, Idaho (in this section referred to as the `City'), all right, title, and interest of the United States in and to National Forest System land consisting of two parcels containing a total of approximately 8 acres adjoining the western boundary of the City and a total of approximately 68 acres, including roads and improvements, adjoining the northeastern boundary of the City, respectively, and identified as Parcels A and C on the map entitled `STANLEY CONVEYANCE' and dated July 24, 2006.

(b) Use of Parcel A Land- In making the conveyance under subsection (a) to the City of the land identified as Parcel A on the map referred to in such subsection, the Secretary shall include the following deed restrictions relating to the use of the conveyed land to ensure that such use is consistent with the planning process of the City and Custer County, Idaho, and management of adjacent National Forest System land:

(1) LIMITATION ON NUMBER OF HOME SITES- Not more than 4 home sites may be developed on Parcel A.

(2) LIMITATIONS REGARDING HOUSE CONSTRUCTION- Not more than one single-family house may be constructed on each home site, and each house shall be subject to the following requirements:

(A) USE- Residential.

(B) SIZE- Not more than 3,000 square feet gross floor space, including attached garage, but excluding basements, decks, and porches. Single story, no more than 22 feet in height from natural ground level, excluding any chimney.

(C) DESIGN- Western ranch-style, having rectangular or square sections with no more than two ridgelines, excluding dormers.

(D) WINDOWS- Rectangular or square, divided light, and no more than 24 square feet in size. Windows with exterior walls visible from Highway 21 shall not exceed 30 percent of the area of the wall.

(E) STRUCTURAL SIDING- Log, log-sided, rough-sawn lumber, board and batten, or suitable wood substitutes, which shall be harmoniously colored or have a natural wood finish.

(F) ROOF- Wood, composite, or non-reflective metal in muted earth tones of brown.

(3) LIMITATIONS REGARDING OUTBUILDINGS- Not more than one outbuilding may be constructed on each home site, and the outbuilding shall be subject to the following requirements:

(A) USE- A outbuilding may not include kitchen or sleeping facilities or otherwise be equipped for residential purposes.

(B) SIZE- No more than 600 square feet gross floor space in the aggregate. Single story, no more than 22 feet from natural ground level.

(D) WINDOWS- Rectangular or square, divided light of no more than 24 square feet.

(E) STRUCTURAL SIDING- Log, log-sided, rough-sawn lumber, board and batten, or suitable wood substitutes, which shall be harmoniously colored or have a natural wood finish.

(F) ROOF- Wood, composite, or non-reflective metal in muted earth tones of brown.

(7) LIMITATIONS REGARDING ROADS AND DRIVEWAYS- Any road or driveway for a home site may not exceed 14 feet in width.

(8) LIMITATIONS REGARDING FENCING- Fences on a home site shall be in the log worm, log block, or jack style and shall incorporate wildlife-friendly elements.

(9) LIMITATIONS REGARDING UTILITIES- All new utilities serving a home site shall be located underground.

(c) Use of Parcel C Land- In making the conveyance under subsection (a) to the City of the land identified as Parcel C on the map referred to in such subsection, the Secretary shall include the following deed restrictions relating to the use of the conveyed land to ensure that such use is consistent with the planning process of the City and Custer County, Idaho, and management of National Forest System land:

(1) AUTHORIZED USES- Parcel C may be used--

(A) to provide housing for persons employed full-time, whether on a year-round basis or seasonally, within the Sawtooth National Recreation Area; and

(B) for other public purposes, including use as the site for a park, cemetery, community center, or educational facility

(2) LIMITATIONS REGARDING CONSTRUCTION- Any structure constructed on Parcel C shall be subject to the following requirements:

(A) SIZE- The size of the structure shall be compatible with the building site and type of use.

(B) DESIGN- Western ranch-style, having rectangular or square sections with no more than three ridgelines, excluding dormers.

(D) WINDOWS- Rectangular or square, divided light, and no more than 24 square feet in size. Windows with exterior walls facing Highways 21 or 75 shall not exceed 30 percent of the area of the wall.

(E) STRUCTURAL SIDING- Log, log-sided, rough-sawn lumber, board and batten, or suitable wood substitutes, which shall be harmoniously colored or have a natural wood finish.

(F) ROOF- Wood, composite, or non-reflective metal in muted earth tones of brown.

(3) LIMITATIONS REGARDING SATELLITE DISH- Each structure may contain not more than one satellite dish, not to exceed 24 inches in diameter, which shall be located as unobtrusively as best available technology allows.

(4) LIMITATIONS REGARDING EXTERIOR LIGHTING- Exterior lighting sources shall be shielded downwards and may not be flashing.

(5) LIMITATIONS REGARDING LANDSCAPING- The landscaping for each structure shall be compatible with an open setting and incorporate materials, groundcover, shrubs, and trees that are indigenous to the area. Areas exposed due to excavation shall be rehabilitated to pre-excavation conditions within two years following completion of construction.

(6) LIMITATIONS REGARDING ROADS AND DRIVEWAYS- Any road or driveway for a structure may not exceed 24 feet in width.

(7) LIMITATIONS REGARDING FENCING- Any fence in Parcel C shall be in the log worm, log block, or jack style and shall incorporate wildlife-friendly elements.

(8) LIMITATIONS REGARDING UTILITIES- All new utilities serving Parcel C shall be located underground.

(9) SIGNAGE- Only signs identifying a commercial enterprise being conducted on Parcel C may be placed on the parcel. Signs may not exceed 20 square feet in area, and shall be subdued in appearance and harmonizing in design and color with the surroundings. No sign may be flashing.

(10) LIMITATIONS REGARDING STREAM SETBACKS- To protect the integrity of fish habitat and Valley Creek from the impact of development, a minimum setback of 100 feet from each bank of Valley Creek shall be required for the construction of all houses and other structures on Parcel C.

(d) Prohibitions-

(1) SUBDIVISION- Except as expressly authorized in subsection (b) or (c) regarding the land conveyed under subsection (a), the conveyed land may not be divided, subdivided or defacto subdivided through sales, long-term leases, or other means.

(2) PROHIBITED USES- The land conveyed under subsection (a) may not be used for any of the following purposes:

(A) Commercial, manufacturing, industrial, mining, or drilling operations, except that small in-home businesses, such as professional services, may be allowed, and, subject to subsection (c)(1)(B), certain commercial operations may be allowed on the land identified as Parcel C on the map referred to in subsection (a).

(B) Exploration, development, or extraction of minerals.

(D) Placement of residential trailers, mobile homes, manufactured homes, modular buildings, or other such semi-permanent structures.

(E) Placement of towers, antennae, or satellite dishes that are not concealed from public view, except to the extent that the right is expressly granted in subsection (b)(4) or (c)(3).

(F) Placement of signs, billboards, or other advertising devices, except--

(i) as provided in subsection (c)(9) with regard to the land identified as Parcel C; and

(ii) one property identification sign and one for sale or rental sign, not to exceed two square feet in area, which shall be harmonious in design and color with the surroundings.

(G) Disposal or unlawful storage of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

(e) Consideration-

(1) CONSIDERATION REQUIRED- As consideration for the conveyance under subsection (a), the City shall pay to the Secretary an amount equal to the amount originally expended by the United States to acquire the parcel of land identified as Parcel A on the map referred to in such subsection. The City shall provide the consideration not later than one year after the date on which the City disposes of the parcel after obtaining title of the parcel under subsection (a).

(2) DISPOSITION AND USE OF PROCEEDS- The amount received as consideration under this subsection shall be--

(A) deposited and merged with funds appropriated for the operation of the Sawtooth National Recreation Area in order to supplement such appropriations; and

(B) available to the Secretary, without further appropriation and until expended, for conservation activities in the recreation area.

(f) Survey and Legal Description- The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary. The legal description shall be prepared as soon as practicable after the date of the enactment of this Act.

(g) Approval and Access Requirements-

(1) GENERAL REQUIREMENTS- Any improvement to be made to land conveyed under subsection (a) shall be subject to the approval in writing, and in advance of being made, by the appropriate City officials. Representatives of the City may enter the land at reasonable times to monitor compliance with the deed restrictions imposed by subsection (b), (c), or (d).

(2) PREPARATION AND APPROVAL OF DEVELOPMENT PLAN FOR PARCEL C- The land identified as Parcel C on the map referred to in subsection (a) and conveyed to the City under such subsection shall not be developed until such time as a development plan consistent with subsections (c) and (d) is reviewed and approved by a special commission consisting of at least one elected official representing Custer County, one elected official representing the City, and three individuals who are not employed by or officials of the County or City and reside within the boundaries of the Sawtooth National Recreation Area. The non-governmental representatives shall be selected jointly by the elected officials on the commission.

---------------- (language not in HR 3603)

(h)Enforcement- As a condition on the conveyance under subsection (a), the City shall agree to enforce the deed restrictions imposed by subsections (b), (c), and (d).

(i) Reversionary Interest- If the Secretary determines at any time that any portion of the land conveyed under subsection (a) is not being used in compliance with the deed restrictions applicable to that portion of the land under subsection (b), (c), or (d), all right, title, and interest in and to that portion of the land, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing, and the Secretary shall give the landowner a reasonable opportunity to restore the property to compliance with the deed restrictions.

(j) Survey- The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary.

(k) Road Access- In making the conveyance under subsection (a) to the City, the Secretary shall include a deed restriction requiring that the roads referred to in such subsection shall remain open to the public to provide access to adjacent Federal land and private property.

(l) Additional Term and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 104. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF CLAYTON, IDAHO.

(a) Conveyance Required- The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to the City of Clayton, Idaho (in this section referred to as the `City'), all right, title, and interest of the United States in and to a parcel of Bureau of Land Management land, including roads thereon, identified for conveyance under this section on the map entitled `City of Clayton Conveyance' and dated July 24, 2006.

(c) Road Access- In making the conveyance under subsection (a) to the City, the Secretary shall include a deed restriction requiring that the roads referred to in such subsection shall remain open to the public to provide access to adjacent Federal land and private property.

---------------- (language not in HR 3603)

(d) Additional Term and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 105. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF MACKAY, IDAHO.

(a) Conveyance Required- The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to the City of Mackay, Idaho (in this section referred to as the `City'), all right, title, and interest of the United States in and to a parcel of Bureau of Land Management land, including roads thereon, identified for conveyance under this section on the map entitled `City of Mackay Conveyance' and dated July 24, 2006.

SEC. 106. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF CHALLIS, IDAHO.

(a) Conveyance Required- The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to the City of Challis, Idaho (in this section referred to as the `City'), all right, title, and interest of the United States in and to a parcel of Bureau of Land Management land, including roads thereon, identified for conveyance under this section on the map entitled `City of Challis Conveyance' and dated July 24, 2006.

---------------- (language not in HR 3603)

SEC. 107. LAND CONVEYANCE AUTHORITY, SUPPORT FOR MOTORIZED AND BICYCLE RECREATION, PUBLIC LAND IN CENTRAL IDAHO.

(a) Motorized Recreation Park- Subject to subsection (b), the Secretary of the Interior shall convey, without consideration, to the State of Idaho (in this section referred to as the `State') all right, title, and interest of the United States in and to a parcel or parcels of Bureau of Land Management land, including roads thereon, consisting of approximately 960 acres near Boise, Idaho, and identified for conveyance under this section on the map entitled `STATE OF IDAHO--Boise Motorized Park Conveyance' and dated October 1, 2006, for the purpose of permitting the State to establish a motorized recreation park on the land. As a condition of the conveyance of the land, the State shall agree to include a beginner track as part of the recreation park to be used to teach safe, responsible riding techniques and to establish areas for drivers with different levels of skills.

(b) Reservation of Portion for Bicycle Use- As a condition of the conveyance of the land under subsection (a), the State shall reserve 20 acres of the conveyed land for the use of mountain bikes and open the reserved portion to such use as soon as practicable after the date of the conveyance. Funds appropriated pursuant to the authorization of appropriations in section 109(d)(1)(A) shall be available to facilitate the establishment of the bicycle portion of the recreation park.

(c) Survey- The exact acreage and legal description of the land to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the State.

(d) Road Access- In making a conveyance under subsection (a) to the State, the Secretary shall include a deed restriction requiring that the roads referred to in such subsection shall remain open to the public to provide access to adjacent Federal land and private property.

(e) Additional Term and Conditions- The Secretary concerned may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 108. TREATMENT OF EXISTING ROADS AND TRAILS.

In making the conveyances required by this title, the Secretary of Agriculture and the Secretary of the Interior shall include deed restrictions to ensure that any roads and trails located on the conveyed land remain open to public use notwithstanding any subsequent conveyance of the land by the recipient of the land.

SEC. 109. STANLEY-REDFISH LAKE BIKE AND SNOWMOBILE TRAIL AND RELATED PARKING LOT.

(a) Development of Trail- The Secretary of Agriculture shall design, construct, and maintain a hardened surface trail between the City of Stanley, Idaho, and Redfish Lake that is designated for use--

(1) by pedestrians and non-motorized vehicles generally; and

(2) as a snowmobile route when there is adequate snow cover.

(b) Acquisition From Willing Sellers- Any land or interests in land to be acquired by the Secretary for construction of the paved trail required by subsection (a) shall be acquired only by donation or by purchase from willing sellers.

(c) Assistance for Construction of Parking Lot- The Secretary may make a grant to the City of Stanley, Idaho, to assist the City in constructing a parking lot on City property at the north end of the trail required by subsection (a) for use for snowmobile and general parking and for other purposes related to the trail.

---------------- (language not in HR 3603)

(d) Authorization of Appropriations-

(1) IN GENERAL- There is authorized to be appropriated to the Secretary--

(A) $400,000 for the design, construction, and maintenance of the trail required by subsection (a) and for land acquisition associated with the construction of the trail; and

(B) $100,000 for the grant under subsection (c).

(2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations contained in paragraph (1) shall remain available until expended.

SEC. 110. SUPPORT FOR OTHER TRAIL CONSTRUCTION AND MAINTENANCE ACTIVITIES.

There is authorized to be appropriated to the Secretary of Agriculture or the Secretary of the Interior $50,000 for the construction and maintenance of bicycle trails in the State of Idaho. Amounts appropriated pursuant to this authorization of appropriations shall remain available until expended.

SEC. 111. SUPPORT FOR OUTFITTER AND GUIDE ACTIVITIES.

(a) Existing Operating Permits-

(1) EXTENSION- Before the end of the one-year period beginning on the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall grant, for each guide or outfitter operating permit described in paragraph (2), a 10-year extension beyond the expiration date of the current permit. The Secretary concerned may require the modification of the extended permit as necessary to comply with the requirements of this Act.

(2) COVERED PERMITS- Paragraph (1) applies to each guide and outfitter operating permit in effect as of the date of the enactment of this Act that authorized activities on lands included in a wilderness area designated by title II or the Boulder-White Cloud Management Area established by title III.

(3) EXCEPTION- The Secretary of Agriculture or the Secretary of the Interior may refuse to grant the extension of a permit under paragraph (1) only if the Secretary concerned determines that the permittee has not operated in a satisfactory manner in compliance with the terms and conditions of the permit.

(b) Future Outfitter and Guide Activities- Future extensions of outfitter and guide activities and permits for outfitters on lands included in a wilderness area designated by title II or the Boulder-White Cloud Management Area established by title III shall be administered in accordance with applicable Federal laws and resource management plans. No person shall conduct outfitter and guide activities on such Federal land except as authorized by the Secretary concerned.

SEC. 112. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC DEVELOPMENT AND RECREATION.

(a) Grant to Custer County, Idaho- The Secretary of Agriculture may make a grant to Custer County, Idaho, for the purpose of assisting the County in supporting sustainable economic development in the County.

---------------- (language not in HR 3603)

(b) Grant to State of Idaho- The Secretary of Agriculture may make a grant to the State of Idaho Parks and Recreation Department for the purpose of assisting the State in acquiring and developing Bayhorse Campground for use as a State park.

(1) $5,100,000 to make the grant under subsection (a); and

(2) $500,000 to make the grant under subsection (b).

SEC. 113. CONTINUATION OF PUBLIC ACCESS TO BOWERY NATIONAL FOREST GUARD STATION.

(a) Construction of Road and Bridge- To ensure continued public access to the Bowery Guard Station, the Secretary of Agriculture shall construct a new road on National Forest System lands, to the east of the existing private property line on the east side of the Leisinger property, and a new bridge over West Pass Creek as part of such road.

(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. Amounts appropriated pursuant to this authorization of appropriations shall remain available until expended.

SEC. 114. EXPANSION AND IMPROVEMENT OF HERD LAKE CAMPGROUND.

(a) Expansion and Improvement of Campground- The Secretary of the Interior shall expand and improve the Herd Lake Campground facilities located below the outlet of Herd Lake.

(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary $500,000 to carry out this section. Amounts appropriated pursuant to this authorization of appropriations shall remain available until expended.

SEC. 115. LAND EXCHANGE TO ELIMINATE STATE OF IDAHO INHOLDINGS IN SAWTOOTH NATIONAL RECREATION AREA AND NEW WILDERNESS AREAS.

(a) Exchanges Authorized- The Secretary of Agriculture and the Secretary of the Interior may execute one or more land exchanges with the State of Idaho for the purpose of eliminating State inholdings within the boundaries of the Sawtooth National Recreation Area and the wilderness areas designated by title II. The Federal land available for use to carry out an exchange under this section and the State inholdings to be acquired are depicted on the map entitled `SNRA State of Idaho Land Transfer' and dated October 1, 2006.

(b) Exchange Process- The land exchanges authorized by this section shall be carried out in the manner provided in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).

SUBSTITUTE TO H.R. 222

TITLE I—CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION

----------------- (deleted)

Sec. 101. Land conveyance, designated Sawtooth National Forest and BLM land to Blaine County, Idaho.

Sec. 102. Land conveyance, designated National Forest System land to City of Stanley, Idaho.

Sec. 103. Land conveyance, designated BLM land to City of Clayton, Idaho.

Sec. 104. Land conveyance, designated BLM land to City of Mackay, Idaho.

Sec. 105. Land conveyance, designated BLM land to City of Challis, Idaho.

Sec. 106. Land conveyance, designated BLM land to Custer County, Idaho.

Sec. 107. Land conveyance authority, support for motorized and bicycle recreation, public land in Idaho.

Sec. 108. Treatment of existing roads and trails.

Sec. 109. Stanley-Redfish Lake bike and snowmobile trail and related parking

lot.

----------------- (deleted)

Sec. 110. Support for outfitter and guide activities.

Sec. 111. Grants to support sustainable economic development and recreation.

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TITLE I—CENTRAL IDAHO ECONOMIC DEVELOPMENT AND RECREATION PROMOTION

----------------- (section deleted)

SEC. 101. LAND CONVEYANCE,

DESIGNATED SAWTOOTH NATIONAL

FOREST AND BLM LAND TO BLAINE

COUNTY, IDAHO.

(a) CONVEYANCE REQUIRED.—The Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to Blaine County, Idaho (in this section referred to as the ‘‘County’’), all right, title, and interest of the United States in and to the parcels of Federal land in the Sawtooth National Forest and Sawtooth National Recreation Area and Bureau of Land Management land identified for conveyance under this section on the following maps:

(1) A map entitled ‘‘Blaine County Conveyance-Smiley Creek’’ and dated October 1, 2006.

(2) A map entitled ‘‘Blaine County Conveyance-Sawtooth City Well’’ and dated October 1, 2006.

(3) A map entitled ‘‘Blaine County Conveyance-Eagle Creek’’ and dated October 1, 2006.

(4) A map entitled ‘‘Blaine County Conveyances, Map #1’’ and dated September 13, 2006, except that the conveyance is limited to the parcels A, B, and C depicted on that map.

(5) A map entitled ‘‘Blaine County Conveyances, Map #2’’ and dated September 13, 2006, except that the conveyance is limited to the parcels A and B depicted on that map.

(b) SURVEY.—The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary concerned. The cost of the survey shall be borne by the Secretary concerned.

(c) ADDITIONAL TERM AND CONDITIONS.—The Secretary concerned may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 102. LAND CONVEYANCE, DESIGNATED NATIONAL FOREST SYSTEM LAND TO CITY OF STANLEY IDAHO.

(a) CONVEYANCE REQUIRED.—The Secretary of Agriculture, acting through the Chief of the Forest Service, shall convey to the City of Stanley, Idaho (in this section referred to as the ‘‘City’’), all right, title, and interest of the United States in and to National Forest System land consisting of a parcel containing a total of approximately 68 acres, including roads and improvements, adjoining the northeastern boundary of the City, respectively, and identified as Parcel C on the map entitled ‘‘Custer County and

City of Stanley Conveyances’’ and dated October 1, 2006.

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(b) AUTHORIZED USES.—Parcel C may be used—

(1) to provide housing for persons working within the Sawtooth National Recreation Area and public employees; and

(2) for other public purposes, including use as the site for a park, cemetery, community center, or educational facility

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(c) SURVEY AND LEGAL DESCRIPTION.—The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary. The legal description shall be prepared as soon as practicable after the date of the enactment of this Act.

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(d) CONSERVATION EASEMENT AND RIGHTS-OF-WAY.—In making the conveyance under subsection (a), the Secretary shall reserve to the United States a conservation easement and rights-of-way for the parcel of land identified as Parcel C on such map as set out in the document entitled ‘‘Conservation Easement and Right-of-Way—Parcel C’’ and dated November 6, 2006.

(e) ENFORCEMENT.—The Secretary of Agriculture shall have the authority to enforce the terms and conditions set forth in the conservation easements reserved under subsection (d) and to ensure that public access is maintained on the rights-of-way reserved under such subsection. This authority is in addition to such other enforcement authority as may be provided in the conservation easements and rights-of-way.

(f) REVERSIONARY INTEREST.—If the Secretary determines at any time that the City or any subsequent owner of any portion of land conveyed under subsection (a) is acting in violation of the conditions set forth in the applicable conservation easement or rights-of-way reserved under subsection (d) and has failed to restore the property so as to comply with such conditions within a reasonable time, all right, title, and interest in and to the portion of the land on which the violation occurred, including any improvements thereon, shall revert to the United States. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

(g) ADDITIONAL TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 103. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF CLAYTON, IDAHO.

(a) CONVEYANCE REQUIRED.—The Secretary of the Interior, acting through the Director of the Bureau Land Management, shall convey, without consideration, to the City of Clayton, Idaho (in this section referred to as the ‘‘City’’), all right, title, and interest of the United States in and to parcels of Bureau of Land Management land, including roads thereon, identified as parcels A, B, C, and D on the map entitled ‘‘City of Clayton Conveyances’’ and dated September 13, 2006.

(b) SURVEY.—The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary.

(c) ROAD ACCESS.—In making the conveyance under subsection (a) to the City, the Secretary shall include a deed restriction requiring that the roads referred to in such subsection shall remain open to the public to provide access to adjacent Federal land and private property.

(d) RIGHT-OF-WAY.—The Secretary shall grant, without consideration, to the City a 25-foot right-of-way connecting parcels C and D referred to in subsection (a) and crossing the Salmon River for purposes related to parcel D.

(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 104. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF MACKAY, IDAHO.

(a) CONVEYANCE REQUIRED.—The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to the City of Mackay, Idaho (in this section referred to as

the ‘‘City’’), all right, title, and interest of the United States in and to a parcel of Bureau of Land Management land, including roads thereon, identified as parcel D on the map entitled ‘‘Custer County and City of Mackay Conveyances’’ and dated September 13, 2006.

(d) ADDITIONAL TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 105. LAND CONVEYANCE, DESIGNATED BLM LAND TO CITY OF CHALLIS, IDAHO.

(a) CONVEYANCE REQUIRED.—The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to the City of Challis, Idaho (in this section referred to as the ‘‘City’’), all right, title, and interest of the United States in and to parcels of Bureau of Land Management land, including roads thereon, identified as parcels B and E on the map entitled ‘‘Custer County and City of Challis Conveyances’’ and dated September 13, 2006.

SEC. 106. LAND CONVEYANCE, DESIGNATED BLM LAND TO CUSTER COUNTY, IDAHO.

(a) CONVEYANCEREQUIRED.—The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey, without consideration, to the Custer County, Idaho (in this section referred to as the ‘‘County’’), all right, title, and interest of the United States in and to parcels of Bureau of Land Management land, including roads thereon, identified as follows:

(1) Parcels A, C, D, and F on the map entitled ‘‘Custer County and City of Challis Conveyances’’ and dated September 13, 2006.

(2) Parcels A, B, C, E, and F on the map entitled ‘‘Custer County and City of Mackay Conveyances’’ and dated September 13, 2006.

(c) ROAD ACCESS.—In making the conveyance under subsection (a) to the County, the Secretary shall include a deed restriction requiring that the roads referred to in such subsection shall remain open to the public to provide access to adjacent Federal land and private property.

SEC. 107. LAND CONVEYANCE AUTHORITY, SUPPORT FOR MOTORIZED AND BICYCLE RECREATION, PUBLIC LAND IN IDAHO.

(a) MOTORIZED RECREATION PARK.—Subject to subsection (b), the Secretary of the Interior shall convey, without consideration, to the State of Idaho (in this section referred to as the ‘‘State’’) all right, title, and interest of the United States in and to a parcel or parcels of Bureau of Land Management land, including roads thereon, consisting of approximately 1000 acres near Boise, Idaho, and identified for conveyance under this section on the map entitled ‘‘STATE OF IDAHO—Boise Motorized Park Conveyance’’ and dated November 1, 2006, for the purpose of permitting the State to establish a motorized recreation park on the land. As a condition of the conveyance of the land, the State shall agree to include a beginner track as part of the recreation park to be used to teach safe, responsible riding techniques and to establish areas for riders with different levels of skills.

(b) RESERVATION OF PORTION FOR MOUNTAIN BIKE USE.—As a condition of the conveyance of the land under subsection (a), the State shall reserve 20 acres of the conveyed land for the use of mountain bikes.

(c) SURVEY.—The exact acreage and legal description of the land to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the State.

(d) ROAD ACCESS.—In making a conveyance under subsection (a) to the State, the Secretary shall include a deed restriction requiring that the roads referred to in such subsection shall remain open to the public to provide access to adjacent Federal land and private property.

(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary concerned may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 108. TREATMENT OF EXISTING ROADS AND TRAILS.

SEC. 109. STANLEY-REDFISH LAKE BIKE AND SNOWMOBILE TRAIL AND RELATED PARKING LOT.

(a) DEVELOPMENT OF TRAIL.—The Secretary of Agriculture shall design, construct, and maintain a hardened surface trail between the City of Stanley, Idaho, and Redfish Lake that is designated for use—(1) by pedestrians and non-motorized vehicles generally; and (2) as a snowmobile route when there is adequate snow cover.

(b) ACQUISITION FROM WILLING SELLERS.—Any land or interests in land to be acquired by the Secretary for construction of the paved trail required by subsection (a) shall be acquired only by donation or by purchase from willing sellers.

Stanley, Idaho, to assist the City in constructing a parking lot on City property at the north end of the trail required by subsection (a) for use for snowmobile and general parking and for other purposes related to the trail.

(d) ASSISTANCE FOR CONSTRUCTION OF COMMUNITY AMPHITHEATER.—The Secretary may make a grant to the City of Stanley, Idaho to assist the City in constructing a community amphitheater.

(e) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated to the Secretary—(A) $400,000 for the design, construction, and maintenance of the trail required by subsection (a) and for land acquisition associated with the construction of the trail; (B) $100,000 for the grant under subsection (c); and (C) $200,000 for the grant under subsection (d).

(2) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations contained in paragraph (1) shall remain available until expended.

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SEC. 110. SUPPORT FOR OUTFITTER AND GUIDE ACTIVITIES.

(a) EXISTING OPERATING PERMITS.—

(1) EXTENSION.—Before the end of the one-year period beginning on the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall grant, for each guide or outfitter operating permit described in paragraph (2), a 10-year extension beyond the expiration date of the current permit. The Secretary concerned may require the modification of the extended permit as necessary to comply with the requirements of this Act.

(2) COVERED PERMITS.—Paragraph (1) applies to each guide and outfitter operating permit in effect as of the date of the enactment of this Act that authorized activities on lands included in a wilderness area designated by title II or the Boulder-White Cloud Area established by title III.

(3) EXCEPTION.—The Secretary of Agriculture or the Secretary of the Interior may refuse to grant the extension of a permit under paragraph (1) only if the Secretary concerned determines that the permittee has not operated in a satisfactory manner in compliance with the terms and conditions of the permit.

(b) FUTURE OUTFITTER AND GUIDE ACTIVITIES.— Future extensions of outfitter and guide activities and permits for outfitters on lands included in a wilderness area designated by title II or lands provided for in title III shall be administered in accordance with applicable Federal laws and resource management plans. No person shall conduct outfitter and guide activities on such Federal land except as authorized by the Secretary concerned.

SEC. 111. GRANTS TO SUPPORT SUSTAINABLE ECONOMIC DEVELOPMENT AND RECREATION.

(a) GRANT TO CUSTER COUNTY, IDAHO.—The Secretary of Agriculture may make a grant to Custer County, Idaho, for the purpose of assisting the County in supporting sustainable economic development or for other purposes in the County.

(b) USE OF FEDERAL PROCEEDS.—Notwithstanding any other law (except a law that specifically provides for a proportion of the proceeds to be distributed to any trust fund of the State), 25% of all proceeds resulting from the leasing of minerals on federal lands within the State of Idaho shall made available to the Secretary of Agriculture without further appropriation, to be used for grants authorized by subsection (a).

(c) TERMINATION.—The authority provided under subsection (b) shall terminate 10 years after the date of enactment of this Act, or upon the receipt by the Secretary of Agriculture of $3 million from receipts collected under subsection (b).

(d) GRANT TO STATE OF IDAHO.—The Secretary of Agriculture may make a grant to the State of Idaho Parks and Recreation Department for the purpose of assisting the State in acquiring and developing Bayhorse Campground for use as a State park.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Agriculture—

(1) $5,100,000 to make the grant under subsection (a); and

(2) $500,000 to make the grant under subsection (b

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