H. R. 3603 109th CONGRESS 2d Session
TITLE III--BOULDER-WHITE CLOUDS MANAGEMENT AREA
Sec. 301. Establishment of management area.
Sec. 302. Land acquisition and acquisition of unpatented mining claims in management area.
Sec. 303. Motorized and bicycle travel.
Sec. 304. Support and use of Idaho Off Road Motor Vehicle Program.
Sec. 305. Airports and landing strips.
Sec. 306. Management of Railroad Ridge area, Sawtooth National Forest.
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TITLE III--BOULDER-WHITE CLOUDS MANAGEMENT AREA
SEC. 301. ESTABLISHMENT OF MANAGEMENT AREA.
(a) Findings and Purposes- In the case of those Federal lands not designated as wilderness in title II, Congress has examined the management alternatives for such lands and finds that the designation of such lands as a special management area will provide outstanding opportunities for many forms of recreation, including mountain biking, snowmobiling, and the use of off-road motorized vehicles. The purpose of this title is to statutorily provide for the continued management of such lands for motorized and other recreational opportunities, livestock grazing, and conservation and resource protection in accordance with the existing management areas, plans, and applicable authorities of the Challis National Forest, the Sawtooth National Forest, the Sawtooth National Recreation Area, and the Challis District of the Bureau of Land Management. In addition, it is the purpose of this title to provide that motorized use of such lands shall be allowed in accordance with the travel map entitled `Boulder-White Clouds Management Area Travel Plan' and dated July 24, 2006.
(b) Establishment-
(1) ESTABLISHMENT- Those Federal lands in the Challis National Forest, the Sawtooth National Forest, the Sawtooth National Recreation Area, and the Challis District of the Bureau of Land Management that are not designated as wilderness in title II, as generally depicted on the map entitled `Boulder-White Clouds Management Area' and dated July 24, 2006, are hereby designated as the Boulder-White Clouds Management Area and shall be managed as provided by this title.
(2) RELATION TO SAWTOOTH NATIONAL RECREATION AREA- The designation of land already in the Sawtooth National Recreation Area for inclusion in both the management area and the Sawtooth National Recreation Area is declared to be supplemental to, not in derogation of, the Sawtooth National Recreation Area.
(3) MANAGEMENT AREA DEFINED- In this title, the term `management area' means the Boulder-White Clouds Management Area designated by this subsection.
(c) Administration-
(1) SECRETARY CONCERNED DEFINED- In this title, the term `Secretary concerned' means--
(A) the Secretary of Agriculture, in the case of National Forest System lands included in the management area; and
(B) the Secretary of the Interior, in the case of public lands included in the management area.
(2) ADMINISTRATION- Except as otherwise provided in this title, the Secretary concerned shall administer the management area in accordance with this title and the laws and regulations generally applicable to the National Forest System lands and the public lands included in administrative areas in existence as of the date of the enactment of this Act and in accordance with the management plans of the Sawtooth National Recreation Area, the Challis National Forest, the Sawtooth National Forest, and the Challis District of the Bureau of Land Management in existence as of that date.
(3) RELATION TO SAWTOOTH NATIONAL RECREATION AREA- If lands in the management area are also included in the Sawtooth National Recreation Area, the Secretary of Agriculture shall also administer that land in accordance with Public Law 92-400 (16 U.S.C. 460aa et seq.).
(4) CONTINUED REFERENCE TO EXISTING ADMINISTRATIVE UNITS- Notwithstanding the establishment of the management area, the administrative units in effect as of the date of the enactment of this Act and known as the Sawtooth National Recreation Area, the Challis National Forest, the Sawtooth National Forest, and the Challis District of the Bureau of Land Management, including areas within the administrative units established as the management area, shall continue to be known as the Sawtooth National Recreation Area, the Challis National Forest, the Sawtooth National Forest, and the Challis District of the Bureau of Land Management, respectively, and shall be so designated on any signs and maps prepared by the Secretary concerned.
(d) Development- No new roads may be constructed within the management area, except as necessary for access to campgrounds and other recreation areas as determined by the Secretary concerned. Roads may be maintained and relocated as necessary. The Secretary concerned shall permit the mining and removal of gravel, sand, and rock along existing roads in the management area as necessary for road maintenance in accordance with the applicable management plan.
(e) Timber Harvesting- Timber harvesting may be allowed on lands in the management area only in accordance with the management plan applicable to the lands and for necessary control of fire, insects, and diseases and for public safety.
(f) Trails-
(1) CONSTRUCTION, MAINTENANCE, AND IMPROVEMENTS- There is authorized to be appropriated to the Secretary of Agriculture and the Secretary of the Interior $650,000 for trail construction and maintenance and for other improvements related to outfitting, guiding, hiking, and horseback use within the management area. Amounts appropriated pursuant to this authorization of appropriations shall remain available until expended.
(2) SET-ASIDE FOR TRAIL CONSTRUCTION- Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $150,000 shall be available for the construction of--
(A) a trail between the Phyllis Lake Road (USFS Road #053) and Phyllis Lake, which shall be primitive and non-paved, but wheelchair accessible, and open only to non-motorized travel; and
(B) the primitive and non-paved, but wheelchair accessible, trail along Murdock Creek in the Hemingway-Boulders wilderness area required by section 202(e)(2).
SEC. 302. LAND ACQUISITION AND ACQUISITION OF UNPATENTED MINING CLAIMS IN MANAGEMENT AREA.
(a) Land Acquisition- The Secretary concerned may acquire, by donation or purchase from willing sellers, lands and interests in lands--
(1) located inside the boundaries of the management area; or
(2) located adjacent to the management area to provide easements for additional public access to the management area.
(b) Acquisition of Unpatented Mining Claims-
(1) ACCEPTANCE OF CONTRIBUTIONS- The Secretary concerned shall accept any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) of an interest--
(A) in an unpatented mining claim located inside the boundaries of the management area; or
(B) in any partnership, association, company, or corporation substantially all the value of which is attributable to unpatented mining claims located inside the boundaries of the management area.
(2) ACCESS FOR VALUATION PURPOSES- The Secretary concerned shall permit any donor of an interest described in paragraph (1), or any agent of the donor, to access the unpatented mining claim and conduct sampling and exploration work necessary to determine the fair market value of the claim if--
(A) the donor notifies the local Federal land manager in writing of the donor's intent to access the unpatented mining claim for such purposes; and
(B) the Secretary determines that the proposed access, sampling, and exploration work will not cause substantial impairment of the surface resources.
(3) VALUATION METHOD IF ACCESS DENIED- If the Secretary concerned determines that a request for access under paragraph (2) to conduct sampling and exploration work necessary to determine the fair market value of an unpatented mining claim will cause substantial impairment of the surface resources or otherwise fails to permit access within 30 days after receipt of the written request for access under such paragraph, the fair market value of the claim for purposes of determining the amount of the contribution under paragraph (1) shall be based on an appraisal that relies upon noninvasive methods to determine the value.
(c) Limitation on Use of Condemnation- No lands or interests in lands may be acquired by condemnation for inclusion in the management area or to provide access to the management area, except as provided for by Public Law 92-400 (16 U.S.C. 460aa et seq.) and regulations, in effect as of the date of the enactment of this Act, for the use of private land in the Sawtooth National Recreation Area (sections 36 292.14 - 292.16 of title 36, Code of Federal Regulations).
(d) Authorization of Appropriations- There is authorized to be appropriated not more than $5,000,000 to carry out this section. Amounts appropriated pursuant to this authorization of appropriations shall remain available until expended.
SEC. 303. MOTORIZED AND BICYCLE TRAVEL.
(a) Motorized and Bicycle Travel Authorized-
(1) BLM LAND- In the case of public land included in the management area, notwithstanding the status of any other road or trail, motorized and bicycle travel shall continue to be allowed on the Spar Canyon, Herd Lake, and Road Creek routes.
(2) FOREST SERVICE LAND- In the case of National Forest System land included in the management area, motorized and bicycle travel shall continue to be allowed in accordance with Forest Service travel plans and maps in existence as of July 24, 2006, which managed recreation use for the specific areas, roads, and trails on that land, as referenced on the travel map entitled `Boulder-White Clouds Management Area Travel Plan' and dated July 24, 2006.
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(b) Establishment or Use of Other Trails and Routes- Notwithstanding subsection (a), other trails and routes may be used for motorized and bicycle travel whenever the Secretary concerned considers such use to be necessary for administrative purposes or to respond to an emergency.
(c) Route and Trail Closures- The following roads or trails shall be closed to motorized and mechanized trail use, except when there is adequate snowcover to permit snowmobile use:
(1) Forest Service Trail 109 between the Phyllis Lake turnoff to 4th of July Lake and the south side of Washington Lake.
(2) Forest Service Trail 671 up Warm Springs Creek from Trail 104 to the wilderness boundary.
(d) Grounds for Trail Segment Closures- Resource damage that can be mitigated and issues of user conflict shall not be used as grounds for the closure of a trail or route in the management area, although the Secretary concerned may close any trail or route, or prohibit the use of trail or route for motorized and mechanize travel, if the Secretary determines that such closure or prohibition is the only reasonable means available for resource protection or public safety.
(e) Mitigation of Trail Closures- If the Secretary determines under subsection (d) that closing an available trail or route in the management area is necessary for resource protection or public safety, the Secretary shall take any of the following mitigation actions, intended to provide commensurate motorized recreation opportunities in the same general area of the management area:
(1) Repair resource damage and secure conditions so that closed trails may be reopened to motorized use.
(2) Replace, relocate, or reroute the trail or the trail segment to provide a similar link between travel points.
(3) A combination of the actions specified in paragraphs (1) and (2) and other actions to achieve the overall mitigation objective.
(f) Relation to Other Laws- In considering mitigation actions under subsection (e), the Secretary concerned shall ensure that such action is consistent with the overall objectives of the management area. If the lands are also included in the Sawtooth National Recreation Area, the Secretary concerned shall also administer the action in accordance with Public Law 92-400 (16 U.S.C. 460aa et seq.), the map referred to in subsection (a)(2), and executive orders and other relevant laws and regulations existing on or before the date of the enactment of this Act.
(g) BLM Travel Plan- Not later than three years after the date of the enactment of this Act, the Secretary of the Interior shall develop and implement a travel plan for public land included in the management area, but not otherwise covered by this section. The travel plan shall be developed in accordance with the laws and regulations generally applicable to the public land included in the management area and in accordance with the existing management plan for the Challis District of the Bureau of Land Management. Motorized and bicycle travel authorized in the travel plan shall be managed in accordance with the plan and laws and regulations generally applicable to the public land, and not as otherwise provided for in this section. The Secretary of the Interior shall include a map as part of the travel plan.
SEC. 304. SUPPORT AND USE OF IDAHO OFF ROAD MOTOR VEHICLE PROGRAM.
(a) Grant to Program- There is authorized to be appropriated to the Secretary of Agriculture not more than $1,000,000, which shall be used by the Secretary to make a grant to the State of Idaho in the full amount so appropriated for deposit with the Off Road Motor Vehicle Program of the Idaho Department of State Parks and Recreation, which is used to support the acquisition, purchase, improvement, repair, maintenance, furnishing, and equipping of off-road motor vehicle facilities and sites, to groom snowmobile trails, and for enforcement activities and the rehabilitation of land damaged by off-road vehicle users. As a condition of the grant, the State must maintain the grant funds as a separate account of the Off Road Motor Vehicle Program and may not use the funds except as provided by this section.
(b) Use of Grant Funds- When the Secretary concerned determines that additional funds are required to carry out the activities described in subsection (a) in the management area, the Secretary may apply for funds from the Off Road Motor Vehicle Program. Funds received under this subsection shall be used only in the management area or in connection with the Boise motorized recreation park authorized by section 107.
(c) Consultation and Recommendations- Before funds are provided under subsection (b), the Off Road Motor Vehicle Program shall consider any recommendations regarding the use of the funds made by the advisory committee established as part of the program as well as public comments.
(d) Relation to Other Laws- Any action undertaken using funds obtained under subsection (b) shall conform to the applicable travel plan of the Challis National Forest, the Sawtooth National Forest, the Sawtooth National Recreation Area, or the Challis District of the Bureau of Land Management.
SEC. 305. AIRPORTS AND LANDING STRIPS.
No airstrips exist in the wilderness areas designated by title II. Nothing in this Act shall be construed to restrict or preclude the use of public or private airports or landing strips located within the management area or adjacent to a wilderness area designated by title II.
SEC. 306. MANAGEMENT OF RAILROAD RIDGE AREA, SAWTOOTH NATIONAL FOREST.
(a) Findings- Congress finds the following:
(1) The Railroad Ridge area of the Sawtooth National Forest is host to several extremely rare and sensitive plant species.
(2) The area supports some of the most unique and well-developed alpine plant communities in Idaho, and is more botanically diverse than most alpine communities in North America.
(3) The area is currently closed to cross-country motorized travel
(b) Enhanced Awareness and Conservation- There is authorized to be appropriated to the Secretary of Agriculture $50,000 for the development of educational materials and signage to raise the awareness of users of the Railroad Ridge area of the uniqueness of the area and to promote the conservation of the area.
Passed the House of Representatives July 24, 2006.
