[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 150 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        April 13, 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
150) entitled ``An Act to authorize the Secretary of Agriculture to 
convey National Forest System lands for use for educational purposes, 
and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``National Forest 
Education and Community Purpose Lands Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) communities adjacent to and surrounded by National 
        Forest System land have limited opportunities to acquire land 
        for recreational, educational and other public purposes;
            (2) in many cases, such recreational, educational and other 
        public purposes are not within the mission of the Forest 
        Service, but would not be inconsistent with land and resource 
        management plans developed for the adjacent national forest;
            (3) such communities are often unable to acquire land for 
        such recreational, educational and other public purposes due to 
        extremely high market value of private land resulting from the 
        predominance of Federal land in the local area; and
            (4) the national forests and adjacent communities would 
        mutually benefit from a process similar to that available to 
        the Bureau of Land Management under the Act of June 14, 1926 
        (commonly known as the ``Recreation and Public Purposes Act'') 
        (43 U.S.C. 869 et seq.).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9601).
            (2) Parcel.--
                    (A) In general.--The term ``parcel'' means a parcel 
                of land under the jurisdiction of the Forest Service 
                that has been withdrawn from the public domain.
                    (B) Exclusion.--The term ``parcel'' does not 
                include land set aside or held for the benefit of 
                Indians.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM LAND FOR PUBLIC PURPOSES.

    (a) Authority.--Upon receipt and approval of an application in 
writing, the Secretary may dispose of National Forest System land to a 
State or a political subdivision of a State as provided in this section 
on the condition that the parcel be used for recreational, educational 
and other public purposes, as determined by the Secretary.
    (b) Conditions of Disposal, Transfer of Title, or Change in Use.--
Before any parcel may be disposed of or any application for a transfer 
of title to or a change in use of a parcel is approved under this 
section, the Secretary shall determine that--
            (1) the parcel is to be used for an established or proposed 
        project that is described in detail in the application to the 
        Secretary, and that would serve public objectives (either 
        locally or at large) that outweigh the objectives and values 
        which would be served by maintaining such parcel in Federal 
        ownership;
            (2) the applicant is financially and otherwise capable of 
        implementing the proposed project; and
            (3) the acreage is not more than is reasonably necessary 
        for the proposed use.
    (c) Public Participation.--The Secretary shall provide an 
opportunity for public participation in a disposal under this section, 
including at least one public hearing or meeting, to provide for public 
comments.
    (d) Review of Applications.--
            (a) In general.--When the Secretary receives an application 
        under this section to convey a parcel for recreational, 
        educational, or other public purposes related to emergency 
        services, the Secretary shall--
                    (A) before the end of the 14-day period beginning 
                on the date of the receipt of the application, provide 
                notice of that receipt to the applicant; and
                    (B) before the end of the 120-day period beginning 
                on that date--
                            (i) make a final determination whether or 
                        not to convey land pursuant to the application, 
                        and notify the applicant of that determination; 
                        or
                            (ii) submit written notice to the applicant 
                        containing the reasons why a final 
                        determination has not been made.
            (2) Other applications.--When the Secretary receives an 
        application under this section to convey a parcel for any 
        public purposes other than those under paragraph (1), the 
        Secretary shall--
                    (A) before the end of the 14-day period beginning 
                on the date of the receipt of the application, provide 
                notice of that receipt to the applicant; and
                    (B) take reasonable actions necessary to make a 
                final determination whether or not to convey land 
                pursuant to the application, and notify the applicant 
                of that determination, to the extent practicable, 
                before the end of the 180-day period beginning on that 
                date.
    (e) Parcels Withdrawn in Aid of Functions of Federal and State 
Agencies.--If a parcel has been withdrawn in aid of a function of a 
Federal agency other than the Department of Agriculture or of an agency 
of a State or political subdivision of a State (including a water 
district), the Secretary may dispose of the parcel under this section 
only with the consent of the agency.
    (f) Conveyances and Leases.--
            (1) Conveyances.--The Secretary may convey a parcel to the 
        State or a political subdivision of a State in which the parcel 
        is located if the proposed use is not inconsistent with the 
        land allocations within applicable land and resource management 
        plans under the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1600 et seq.)
            (2) Leases.--The Secretary may lease a parcel to the State 
        or a political subdivision of a State in which the parcel is 
        located, at a reasonable annual rental, for a period up to 25 
        years, and, at the discretion of the Secretary, with a 
        privilege of renewal for a like period, if the proposed use is 
        not inconsistent with the land allocations within applicable 
        land and resource management plans under the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1600 et seq.)
            (3) Consideration.--The conveyance or lease of a parcel for 
        purposes under this section shall be made at a price to be 
        fixed by the Secretary, consistent with the pricing structure 
        established by the Secretary of the Interior under the Act of 
        June 14, 1926 (43 U.S.C. 869 et seq.).
    (g) Acreage Limitations and Property Descriptions.--
            (1) Acreage limitations.--A conveyance under this section 
        may not exceed 100 acres, unless the parcel contains facilities 
        that have been determined by the Secretary to be suitable for 
        disposal under the authority of the General Services 
        Administration. This limitation shall not be construed to 
        preclude an entity from submitting subsequent applications 
        under this section for additional land conveyances if the 
        entity can demonstrate to the Secretary a need for additional 
        land.
            (2) Description of property.--If necessary, the exact 
        acreage and legal description the real property conveyed under 
        this subsection shall be determined by a survey satisfactory to 
        the Secretary and the applicant. The cost of the survey shall 
        be borne by the applicant.
            (3) Recreation and purposes act.--Section 1 of the Act of 
        June 14, 1926 (commonly known as the ``Recreation and Public 
        Purposes Act''; 43 U.S.C. 869), as amended, is further amended 
        by adding at the end the following:
    ``(d) Description of Property.--If necessary, the exact acreage and 
legal description of the real property conveyed under this section 
shall be determined by a survey satisfactory to the Secretary and the 
applicant. The cost of the survey shall be borne by the applicant.''.
    (h) Reservation of Mineral Rights.--Each conveyance or lease under 
this section shall contain a reservation to the United States of all 
mineral deposits in the parcel conveyed or leased and of the right to 
mine and remove the mineral deposits under applicable laws (including 
regulations).
    (i) Use of the Leased Land for Unauthorized Purposes.--Each lease 
under this section shall contain a provision for termination of the 
lease on a finding by the Secretary that--
            (1) the parcel has not been used by the lessee as specified 
        in the lease of a period greater than 5 years; or
            (2) the parcel or any part of the parcel is being devoted 
        to a use other than that for which the lease was made.
    (j) Conditions of Conveyance; Reversion for Noncompliance.--
            (1) Conditions of conveyance.--
                    (A) Transfer of title.--
                            (i) In general.--Except as provided in 
                        clause (ii), title to a parcel conveyed by the 
                        Secretary under this section may not be 
                        transferred by the grantee or a successor of 
                        the grantee.
                            (ii) Exception.--With the consent of the 
                        Secretary in accordance with this section, 
                        title to a parcel may be transferred to the 
                        State or a political subdivision of the State 
                        in which the parcel is located.
                    (B) Use.--
                            (i) In general.--Except as provided in 
                        clause (ii), a grantee or a successor of the 
                        grantee may not change the use specified in the 
                        conveyance of a parcel under this section to 
                        another or additional use.
                            (ii) Exception.--Upon application and 
                        appropriate public participation, the Secretary 
                        may approve a change in use of a parcel to 
                        anther recreational, educational or other 
                        public use, in accordance with this section.
            (2) Reversion for noncompliance.--If at any time after a 
        parcel is conveyed by the Secretary, the grantee or a successor 
        of the grantee, without the consent of the Secretary, attempts 
        to transfer title to or control over the parcel to another 
        person or entity or to devote the parcel to a use other than 
        that for which the parcel was conveyed, title to the parcel 
        shall revert to the United States.
    (k) Prior Conveyances.--On application by the State or a political 
subdivision of the State in which the parcel is located, the Secretary 
may authorize a transfer of title or a change in use in accordance with 
subsection (j) with respect to any parcel conveyed under this section 
or any other law.
    (l) Solid Waste Disposal Sites.--
            (1) Conveyance for the purposes of solid waste disposal.--
        If the Secretary receives an application for conveyance of a 
        parcel under this section for the purpose of solid waste 
        disposal or for another purpose that the Secretary finds may 
        include the disposal, placement, or release of any hazardous 
        substance, the Secretary may convey the parcel subject only to 
        this subsection.
            (2) Investigation.--
                    (A) In general.--Before any conveyance of a parcel 
                under this subsection, the Secretary shall investigate 
                the parcel to determine whether any hazardous substance 
                is present on the parcel.
                    (B) Elements of an investigation.--An investigation 
                under subparagraph (A) shall include--
                            (i) a review of any available records of 
                        the use of the parcel; and
                            (ii) all appropriate analyses of the soil, 
                        water and air associated with the parcel.
                    (C) Presence of a hazardous substance.--A parcel 
                shall not be conveyed under this subsection if the 
                investigation indicates that any hazardous substance is 
                present on the parcel.
            (3) Submission to other state and federal agencies.--No 
        application for conveyance under this subsection shall be acted 
        on by the Secretary until the applicant has furnished evidence, 
        satisfactory to the Secretary, that a copy of the application 
        and information concerning the proposed use of the parcel 
        covered by the application has been provided to the 
        Environmental Protection Agency and to all other State and 
        Federal agencies with responsibility for enforcement of Federal 
        and State laws applicable to land used for the disposal, 
        placement, or release of solid waste or any hazardous 
        substance.
            (4) Warranty.--No application for conveyance under this 
        subsection shall be acted on by the Secretary until the 
        applicant gives a warranty that--
                    (A) use of the parcel covered by the application 
                will be consistent with all applicable Federal and 
                State laws, including laws dealing with the disposal, 
                placement, or release of hazardous substances; and
                    (B) the applicant will hold the United States 
                harmless from any liability that may arise out of any 
                violation of any such law.
            (5) Requirements.--A conveyance under this subsection shall 
        be made to the extent that the applicant demonstrates to the 
        Secretary that the parcel covered by an application meets all 
        applicable State and local requirements and is appropriate in 
        character and reasonable in acreage in order to meet an 
        existing or reasonably anticipated need for solid waste 
        disposal or for another proposed use that the Secretary finds 
        may include the disposal, placement, or release of any 
        hazardous substance.
            (6) Conditions.--
                    (A) In general.--A conveyance of a parcel under 
                this subsection shall be subject to the conditions 
                stated in this paragraph.
                    (B) Reverter.--
                            (i) In general.--The instrument of 
                        conveyance shall provide that the parcel shall 
                        revert to the United States unless 
                        substantially all of the parcel has been used, 
                        on or before the date that is 5 years after the 
                        date of conveyance, for the purpose specified 
                        in the application, or for other use or uses 
                        authorized under subsection (b) with the 
                        consent of the Secretary.
                            (ii) Limitation.--No portion of a parcel 
                        that has been used for solid waste disposal or 
                        for any other purpose that the Secretary finds 
                        may result in the disposal, placement, or lease 
                        of a hazardous substance shall revert to the 
                        United States.
                    (C) Payment to the secretary on further 
                conveyance.--If at any time after conveyance any 
                portion of a parcel has not been used for the purpose 
                specified in the application, and the entity to which 
                the parcel was conveyed by the Secretary transfers 
                ownership of the unused portion to any other person or 
                entity, transferee shall be liable to pay the Secretary 
                the fair market value of the transferred portion as of 
                the date of the transfer, including the value of any 
                improvements thereon.
                    (D) Use of payments.--Subject to the availability 
                of appropriations, all amounts received by the 
                Secretary under subparagraph (C) shall be retained by 
                the Secretary, shall be available to the Secretary for 
                use for the management of National Forest System land, 
                and shall remain available until expended.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 150

_______________________________________________________________________

                               AMENDMENT