Pub. L. 111-11, tit. III, subtit. D, sec. 3308
BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO RETURN WILDERNESS.
SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO RETURN WILDERNESS.(a) Purposes.—The purposes of this section are—(1) to adjust the boundaries of the wilderness area; and(2) to authorize the Secretary to sell the land designated for removal from the wilderness area due to encroachment.(b) Definitions.—In this section:123 STAT. 1138(1) Land designated for exclusion.—The term “land designated for exclusion” means the parcel of land that is—(A) comprised of approximately 10.2 acres of land;(B) generally depicted on the survey plat entitled “Proposed Boundary Change FCRONRW Sections 15 (unsurveyed) Township 14 North, Range 13 East, B.M., Custer County, Idaho” and dated November 14, 2001; and(C) more particularly described in the survey plat and legal description on file in—(i) the office of the Chief of the Forest Service, Washington, DC; and(ii) the office of the Intermountain Regional Forester, Ogden, Utah.(2) Land designated for inclusion.—The term “land designated for inclusion” means the parcel of National Forest System land that is—(A) comprised of approximately 10.2 acres of land;(B) located in unsurveyed section 22, T. 14 N., R. 13 E., Boise Meridian, Custer County, Idaho;(C) generally depicted on the map entitled “Challis National Forest, T.14 N., R. 13 E., B.M., Custer County, Idaho, Proposed Boundary Change FCRONRW” and dated September 19, 2007; and(D) more particularly described on the map and legal description on file in—(i) the office of the Chief of the Forest Service, Washington, DC; and(ii) the Intermountain Regional Forester, Ogden, Utah.(3) Secretary.—The term “Secretary” means the Secretary of Agriculture.(4) Wilderness area.—The term “wilderness area” means the Frank Church River of No Return Wilderness designated by section 3 of the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 94 Stat. 948).(c) Boundary Adjustment.—(1) Adjustment to wilderness area.—(A) Inclusion.—The wilderness area shall include the land designated for inclusion.(B) Exclusion.—The wilderness area shall not include the land designated for exclusion.(2) Corrections to legal descriptions.—The Secretary may make corrections to the legal descriptions.(d) Conveyance of Land Designated for Exclusion.—(1) In general.—Subject to paragraph (2), to resolve the encroachment on the land designated for exclusion, the Secretary may sell for consideration in an amount equal to fair market value—(A) the land designated for exclusion; and(B) as the Secretary determines to be necessary, not more than 10 acres of land adjacent to the land designated for exclusion.(2) Conditions.—The sale of land under paragraph (1) shall be subject to the conditions that—(A) the land to be conveyed be appraised in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions;123 STAT. 1139(B) the person buying the land shall pay—(i) the costs associated with appraising and, if the land needs to be resurveyed, resurveying the land; and(ii) any analyses and closing costs associated with the conveyance;(C) for management purposes, the Secretary may reconfigure the description of the land for sale; and(D) the owner of the adjacent private land shall have the first opportunity to buy the land.(3) Disposition of proceeds.—(A) In general.—The Secretary shall deposit the cash proceeds from a sale of land under paragraph (1) in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a).(B) Availability and use.—Amounts deposited under subparagraph (A)—(i) shall remain available until expended for the acquisition of land for National Forest purposes in the State of Idaho; and(ii) shall not be subject to transfer or reprogramming for—(I) wildland fire management; or(II) any other emergency purposes.