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.
(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.
(C) DESIGN- Western ranch-style comprised of rectangular or square sections with no more than one ridgeline.
(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.
(c) Prohibitions-
(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.
(C) Dumping or accumulation of trash, debris, junk cars, unserviceable equipment, or other unsightly materials.
(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.
(C) DESIGN- Western ranch-style comprised of rectangular or square sections with no more than one ridgeline.
(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.
(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.
(C) HEIGHT- The height of any structure shall not exceed 30 feet from natural ground level.
(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.
(C) Dumping or accumulation of trash, debris, junk cars, unserviceable equipment, or other unsightly materials.
(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.
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(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.
(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.
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(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.
(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) 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. 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.
(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) 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.
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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.
