[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1184 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1184

   To authorize the Secretary of Agriculture to dispose of land for 
                  recreation or other public purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

 Mr. Domenici (for himself and Mr. Kyl) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of Agriculture to dispose of land for 
                  recreation or other public purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Forest System Community 
Purposes 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 and other public purposes;
            (2) in many cases, such recreational 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 
        recreational and other public purposes due to the 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 OR 
              RECREATIONAL PURPOSES.

    (a) Authority.--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 
and other public purposes, as determined by the Secretary.
    (b) Conditions of Disposal.--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 
        definitely proposed project;
            (2) the parcel is not of national significance, as 
        determined by the Secretary;
            (3) the acreage is not more than is reasonably necessary 
        for the proposed use; and
            (4) in the case of a parcel of more than 640 acres, 
        comprehensive land use plans and zoning regulations applicable 
        to the area in which the parcel is located have been adopted by 
        the appropriate State or local authority.
    (c) Public Participation.--The Secretary shall--
            (1) provide an opportunity for participation by affected 
        citizens in disposals under this section, including public 
        hearings or meetings where appropriate, to provide public 
        comments;
            (2) hold at least 1 public meeting on any proposed disposal 
        of more than 640 acres.
    (d) 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.
    (e) Conveyances and Leases.--
            (1) Conveyances.--The Secretary may convey a parcel to the 
        State or a political subdivision of the State in which the 
        parcel is located if the proposed use is not inconsistent with 
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 the 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 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.--
                    (A) In general.--Except as provided under 
                subparagraph (B), the conveyance or lease of a parcel 
                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.).
                    (B) Exceptions.--A conveyance of a parcel for the 
                purpose of a historic monument or a conveyance or lease 
                of a parcel for recreational purposes under this 
                section shall be made without monetary consideration.
    (f) 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).
    (g) 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 for 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.
    (h) 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, 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.--With the consent of the 
                        Secretary, the use of a parcel may be changed 
                        to another recreational or public use.
            (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.
    (i) Prior Conveyances.--On application by the State or a political 
subdivision of the State in which a parcel is located, the Secretary 
may authorize a transfer of title or a change in use in accordance with 
subsection (h) with respect to any parcel conveyed under this section 
or any other law.
    (j) Cessation of Effectiveness of Reverter Clause.--If the 
Secretary authorizes a transfer of title or a change in use under 
subsection (i), all reverter provisions and other limitations on 
transfer or use, under this section or any other Act affecting the 
parcel, shall cease to be in effect 25 years after the Secretary 
authorizes the transfer or use for a changed or additional purpose.
    (k) 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 
                        release 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, the 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 on that portion.
                    (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.
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