[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1936 Reported in Senate (RS)]






                                                       Calendar No. 486
106th CONGRESS
  2d Session
                                S. 1936

                          [Report No. 106-256]

 To authorize the Secretary of Agriculture to sell or exchange all or 
 part of certain administrative sites and other National Forest System 
land in the State of Oregon and use the proceeds derived from the sale 
            or exchange for National Forest System purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 1999

    Mr. Wyden (for himself and Mr. Smith of Oregon) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                             April 6, 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of Agriculture to sell or exchange all or 
 part of certain administrative sites and other National Forest System 
land in the State of Oregon and use the proceeds derived from the sale 
            or exchange for National Forest System purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Bend Pine Nursery Land 
Conveyance Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (2) State.--The term ``State'' means the State of 
        Oregon.</DELETED>

<DELETED>SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.</DELETED>

<DELETED>    (a) In General.--The Secretary may, under such terms and 
conditions as the Secretary may prescribe, sell or exchange any or all 
right, title, and interest of the United States in and to the following 
National Forest System land and improvements:</DELETED>
        <DELETED>    (1) Bend Pine Nursery, comprising approximately 
        210 acres, as depicted on site plan map entitled ``Bend Pine 
        Nursery Administrative Site'', dated May 13, 1999.</DELETED>
        <DELETED>    (2) The Federal Government-owned facilities at 
        Shelter Cove Resort, as depicted on site plan map entitled 
        ``Shelter Cove Resort'', dated November 3, 1997.</DELETED>
        <DELETED>    (3) Isolated parcels of National Forest System 
        land located in sec. 25, T. 20 S., R. 10 E., and secs. 16, 17, 
        20, and 21, T. 20 S., R. 11 E., Willamette Meridian, as 
        depicted on the map entitled ``Isolated Parcels, Deschutes 
        National Forest'', dated 1988.</DELETED>
        <DELETED>    (4) Alsea Administrative Site, consisting of 
        approximately 24 acres, as depicted on site plan map entitled 
        ``Alsea Administrative Site'', dated May 14, 1999.</DELETED>
        <DELETED>    (5) Mapleton Administrative Site, consisting of 
        approximately 8 acres, as depicted on site plan map entitled 
        ``Mapleton Administrative Site'', dated May 14, 1999.</DELETED>
        <DELETED>    (6) Springdale Administrative Site, consisting of 
        approximately 3.6 acres, as depicted on site plan map entitled 
        ``Site Development Plan, Columbia Gorge Ranger Station'', dated 
        April 22, 1964.</DELETED>
        <DELETED>    (7) Dale Administrative Site, consisting of 
        approximately 40 acres, as depicted on site plan map entitled 
        ``Dale Administrative Site'', dated July 7, 1999.</DELETED>
<DELETED>    (b) Consideration.--Consideration for a sale or exchange 
of land under subsection (a) may include the acquisition of land, 
existing improvements, or improvements constructed to the 
specifications of the Secretary.</DELETED>
<DELETED>    (c) Applicable Law.--Except as otherwise provided in this 
Act, any sale or exchange of National Forest System land under 
subsection (a) shall be subject to the laws (including regulations) 
applicable to the conveyance and acquisition of land for the National 
Forest System.</DELETED>
<DELETED>    (d) Cash Equalization.--Notwithstanding any other 
provision of law, the Secretary may accept a cash equalization payment 
in excess of 25 percent of the value of land exchanged under subsection 
(a).</DELETED>
<DELETED>    (e) Solicitations of Offers.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (3), the 
        Secretary may solicit offers for sale or exchange of land under 
        this section on such terms and conditions as the Secretary may 
        prescribe.</DELETED>
        <DELETED>    (2) Rejection of offers.--The Secretary may reject 
        any offer made under this section if the Secretary determines 
        that the offer is not adequate or not in the public 
        interest.</DELETED>
        <DELETED>    (3) Right of first refusal.--The Bend Metro Parks 
        and Recreation District or other units of local government in 
        Deschutes County, Oregon, shall be given the right of first 
        refusal to purchase the Bend Pine Nursery described in 
        subsection (a)(1).</DELETED>
<DELETED>    (f) Revocations.--</DELETED>
        <DELETED>    (1) In general.--Any public land order withdrawing 
        land described in subsection (a) from all forms of 
        appropriation under the public land laws is revoked with 
        respect to any portion of the land conveyed by the Secretary 
        under this section.</DELETED>
        <DELETED>    (2) Effective date.--The effective date of any 
        revocation under paragraph (1) shall be the date of the patent 
        or deed conveying the land.</DELETED>

<DELETED>SEC. 4. DISPOSITION OF FUNDS.</DELETED>

<DELETED>    (a) Deposit of Proceeds.--The Secretary shall deposit the 
proceeds of a sale or exchange under section 3(a) in the fund 
established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as 
the ``Sisk Act'').</DELETED>
<DELETED>    (b) Use of Proceeds.--Funds deposited under subsection (a) 
shall be available to the Secretary, without further Act of 
appropriation, for--</DELETED>
        <DELETED>    (1) the acquisition, construction, or improvement 
        of administrative facilities and associated land in connection 
        with the Deschutes National Forest; and</DELETED>
        <DELETED>    (2) to the extent the funds are not necessary to 
        carry out paragraph (1), the acquisition of land and interests 
        in land in the State.</DELETED>
<DELETED>    (c) Administration.--Subject to valid existing rights, the 
Secretary shall manage any land acquired by purchase or exchange under 
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et 
seq.) (commonly known as the ``Weeks Act'') and other laws (including 
regulations) pertaining to the National Forest System.</DELETED>

<DELETED>SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE 
              FACILITIES.</DELETED>

<DELETED>    The Secretary may acquire, construct, or improve 
administrative facilities and associated land in connection with the 
Deschutes National Forest System by using--</DELETED>
        <DELETED>    (1) funds made available under section 4(b); 
        and</DELETED>
        <DELETED>    (2) to the extent the funds are insufficient to 
        carry out the acquisition, construction, or improvement, funds 
        subsequently made available for the acquisition, construction, 
        or improvement.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATION.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bend Pine Nursery Land Conveyance 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) State.--The term ``State'' means the State of Oregon.

SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.

    (a) In General.--The Secretary may, under such terms and conditions 
as the Secretary may prescribe, sell or exchange any or all right, 
title, and interest of the United States in and to the following 
National Forest System land and improvements:
            (1) Tract A, Bend Pine Nursery, comprising approximately 
        210 acres, as depicted on site plan map entitled ``Bend Pine 
        Nursery Administrative Site, May 13, 1999''.
            (2) Tract B, the Federal Government owned structures 
        located at Shelter Cove Resort, Deschutes National Forest, 
        buildings only, as depicted on site plan map entitled ``Shelter 
        Cove Resort, November 3, 1997''.
            (3) Tract C, portions of isolated parcels of National 
        Forest Land located in Township 20 south, Range 10 East section 
        25 and Township 20 South, Range 11 East sections 8, 9, 16, 17, 
        20, and 21 consisting of approximately 1,260 acres, as depicted 
        on map entitled ``Deschutes National Forest Isolated Parcels, 
        January 1, 2000''.
            (4) Tract D, Alsea Administrative Site, consisting of 
        approximately 24 acres, as depicted on site plan map entitled 
        ``Alsea Administrative Site, May 14, 1999''.
            (5) Tract E, Mapleton Administrative Site, consisting of 
        approximately 8 acres, as depicted on site plan map entitled 
        ``Mapleton Administrative Site, May 14, 1999''.
            (6) Tract F, Springdale Administrative Site, consisting of 
        approximately 3.6 acres, as depicted on site plan map entitled 
        ``Site Development Plan, Columbia Gorge Ranger Station, April 
        22, 1964''.
            (7) Tract G, Dale Administrative Site, consisting of 
        approximately 37 acres, as depicted on site plan map entitled 
        ``Dale Compound, February 1999''.
            (8) Tract H, Crescent Butte Site, consisting of 
        approximately .8 acres, as depicted on site plan map entitled 
        ``Crescent Butte Communication Site, January 1, 2000''.
    (b) Consideration.--Consideration for a sale or exchange of land 
under subsection (a) may include the acquisition of land, existing 
improvements, or improvements constructed to the specifications of the 
Secretary.
    (c) Applicable Law.--Except as otherwise provided in this Act, any 
sale or exchange of National Forest System land under subsection (a) 
shall be subject to the laws (including regulations) applicable to the 
conveyance and acquisition of land for the National Forest System.
    (d) Cash Equalization.--Notwithstanding any other provision of law, 
the Secretary may accept a cash equalization payment in excess of 25 
percent of the value of land exchanged under subsection (a).
    (e) Solicitations of Offers.--
            (1) In general.--Subject to paragraph (3), the Secretary 
        may solicit offers for sale or exchange of land under this 
        section on such terms and conditions as the Secretary may 
        prescribe.
            (2) Rejection of offers.--The Secretary may reject any 
        offer made under this section if the Secretary determines that 
        the offer is not adequate or not in the public interest.
            (3) Right of first refusal.--The Bend Metro Park and 
        Recreation District in Deschutes County, Oregon, shall be given 
        the right of first refusal to purchase the Bend Pine Nursery 
        described in subsection (a)(1).
    (f) Revocations.--
            (1) In general.--Any public land order withdrawing land 
        described in subsection (a) from all forms of appropriation 
        under the public land laws is revoked with respect to any 
        portion of the land conveyed by the Secretary under this 
        section.
            (2) Effective date.--The effective date of any revocation 
        under paragraph (1) shall be the date of the patent or deed 
        conveying the land.

SEC. 4. DISPOSITION OF FUNDS.

    (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds 
of a sale or exchange under section 3(a) in the fund established under 
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk 
Act'').
    (b) Use of Proceeds.--Funds deposited under subsection (a) shall be 
available to the Secretary, without further Act of appropriation, for--
            (1) the acquisition, construction, or improvement of 
        administrative and visitor facilities and associated land in 
        connection with the Deschutes National Forest;
            (2) the construction of a bunkhouse facility in the 
        Umatilla National Forest; and
            (3) to the extent the funds are not necessary to carry out 
        paragraphs (1) and (2), the acquisition of land and interests 
        in land in the State.
    (c) Administration.--Subject to valid existing rights, the 
Secretary shall manage any land acquired by purchase or exchange under 
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et 
seq.) (commonly known as the ``Weeks Act'') and other laws (including 
regulations) pertaining to the National Forest System.

SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.

    The Secretary may acquire, construct, or improve administrative 
facilities and associated land in connection with the Deschutes 
National Forest System by using--
            (1) funds made available under section 4(b); and
            (2) to the extent the funds are insufficient to carry out 
        the acquisition, construction, or improvement, funds 
        subsequently made available for the acquisition, construction, 
        or improvement.

SEC. 6. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.




                                                       Calendar No. 486

106th CONGRESS

  2d Session

                                S. 1936

                          [Report No. 106-256]

_______________________________________________________________________

                                 A BILL

 To authorize the Secretary of Agriculture to sell or exchange all or 
 part of certain administrative sites and other National Forest System 
land in the State of Oregon and use the proceeds derived from the sale 
            or exchange for National Forest System purposes.

_______________________________________________________________________

                             April 6, 2000

                       Reported with an amendment