[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3514 Received in Senate (RDS)]

  2d Session
                                H. R. 3514


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2004

                                Received

_______________________________________________________________________

                                 AN ACT


 
 To authorize the Secretary of Agriculture to convey certain lands and 
improvements associated with the National Forest System in the State of 
                 Pennsylvania, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pennsylvania 
National Forest Improvement Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Disposal of administrative sites, Allegheny National Forest, 
                            Pennsylvania.
Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren 
                            County, Pennsylvania.
Sec. 4. Conveyance of Ridgeway Ranger District Headquarters, Elk 
                            County, Pennsylvania.
Sec. 5. Conveyance of Marienville Ranger Residence, Forest County, 
                            Pennsylvania.
Sec. 6. Disposition of funds.
Sec. 7. Administration of land acquired by United States.
Sec. 8. Relation to other conveyances authorities.

SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST, 
              PENNSYLVANIA.

    (a) Disposal Authority.--The Secretary of Agriculture may convey, 
by sale or exchange, any and all right, title, and interest of the 
United States in and to the following National Forest System lands and 
administrative sites in the Allegheny National Forest, in Pennsylvania:
            (1) US Tract 121, Sheffield ranger residence, consisting of 
        0.41 acres, as depicted on the map titled ``Allegheny Unit, 
        Allen M. Gibson Tract 121, March 1942''.
            (2) US Tract 896, an undeveloped administrative site, 
        consisting of 2.42 acres, as depicted on the map titled 
        ``Allegheny Unit, Howard L. Harp Tract 896, 1947''.
            (3) US Tract 1047 (formerly Tracts 551, 551a,b,c), original 
        Marienville Ranger District Headquarters, consisting of 4.90 
        acres, as depicted on the map titled ``Marienville Ranger 
        Station Compound Tract 1047, August 1998''.
            (4) US Tract 844, Marienville ranger residence, as depicted 
        on the map titled ``Allegheny Unit, Peter B. DeSmet Tract 844, 
        1936'', except that portion of the tract identified as Lot 2, 
        on the Survey Plat prepared by D. M. Heller and dated December 
        12, 1999, which is subject to conveyance under section 5.
    (b) Property Descriptions.--The maps referred to in subsection (a) 
are the primary descriptions of the lands to which the maps refer. In 
the event of a conflict between a map description and the metes and 
bounds description of the lands, the map shall be deemed to be the 
definitive description of the lands unless the map cannot be located. 
The maps shall be on file and available for public inspection in the 
Office of the Chief of the Forest Service until the lands are disposed 
of pursuant to this section.
    (c) Consideration.--
            (1) Authorized consideration.--As consideration for a 
        conveyance of land under subsection (a), the recipient of the 
        land, with the consent of the Secretary, may convey to the 
        Secretary other land, existing improvements, or improvements 
        constructed to the specifications of the Secretary.
            (2) 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 any land and 
        administrative site exchanged under subsection (a).
    (d) Applicable Law.--Except as otherwise provided in this section, 
any conveyance of land under subsection (a) shall be subject to the 
laws and regulations applicable to the conveyance and acquisition of 
land for the National Forest System.
    (e) Solicitation of Offers.--
            (1) Conveyance priority.--In the selection of the recipient 
        of land under this section, the Secretary may give a preference 
        to public entities that agree to use the land for public 
        purposes.
            (2) Terms and conditions.--The Secretary may solicit offers 
        for the conveyance of land under this section on such terms and 
        conditions as the Secretary may prescribe.
            (3) 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.
    (f) Revocations.--Notwithstanding any other provision of law, on 
conveyance of land by the Secretary under this section, any public 
order withdrawing the land from any form of appropriation under the 
public land laws is revoked.
    (g) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with any conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN 
              COUNTY, PENNSYLVANIA.

    (a) Conveyance Authorized.--The Secretary of Agriculture may convey 
to the Warren County Development Association of Warren County, 
Pennsylvania, all right, title, and interest of the United States in 
and to US Tract 770, Sheffield Ranger District Headquarters, consisting 
of 5.50 acres, as depicted on the map titled ``Allegheny Unit, Elk 
Tanning Company Tract 770, 1934''.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the Warren County Development Association shall make to 
the Secretary a lump sum payment of $100,000.
    (c) Property Description.--The map referred to in subsection (a) is 
the primary description of the lands to which the map refers. In the 
event of a conflict between the map description and the metes and 
bounds description of the lands, the map shall be deemed to be the 
definitive description of the lands unless the map cannot be located. 
The map shall be on file and available for public inspection in the 
Office of the Chief of the Forest Service until the lands are disposed 
of pursuant to this section.
    (d) Revocations.--Notwithstanding any other provision of law, on 
conveyance of land by the Secretary under this section, any public 
order withdrawing the land from any form of appropriation under the 
public land laws is revoked.

SEC. 4. CONVEYANCE OF RIDGEWAY RANGER DISTRICT HEADQUARTERS, ELK 
              COUNTY, PENNSYLVANIA.

    (a) Conveyance Authorized.--The Secretary of Agriculture may convey 
to Ridgeway Township, Pennsylvania, all right, title, and interest of 
the United States in and to US Tract 904, consisting of 8.812 acres, 
and US Tract 905, consisting of 0.869 acres, Ridgeway Ranger District 
Headquarters, as depicted on the maps titled ``Allegheny Unit, Harry R. 
Eliza E. Larson Tract 904, 1959'' and ``Allegheny Unit, Leo S. Laura A. 
Guth Tract 905, July 1948''.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), Ridgeway Township shall pay to the Secretary an amount 
equal to the fair market value of the conveyed lands, as determined by 
an appraisal acceptable to the Secretary and Ridgeway Township.
    (c) Property Description.--The maps referred to in subsection (a) 
is the primary description of the lands to which the maps refer. In the 
event of a conflict between a map description and the metes and bounds 
description of the lands, the map shall be deemed to be the definitive 
description of the lands unless the map cannot be located. The maps 
shall be on file and available for public inspection in the Office of 
the Chief of the Forest Service until the lands are disposed of 
pursuant to this section.
    (d) Revocations.--Notwithstanding any other provision of law, on 
conveyance of land by the Secretary under this section, any public 
order withdrawing the land from any form of appropriation under the 
public land laws is revoked.

SEC. 5. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY, 
              PENNSYLVANIA.

    (a) Conveyance Authorized.--The Secretary of Agriculture may 
convey, without consideration, to the Marienville Volunteer Fire 
Department of Forest County, Pennsylvania, all right, title, and 
interest of the United States in and to that portion of US Tract 844, 
Marienville ranger residence, as depicted on the map titled ``Allegheny 
Unit, Peter B. DeSmet Tract 844, 1936'', which is identified as Lot 2 
on the Survey Plat prepared by D. M. Heller and dated December 12, 
1999.
    (b) Property Description.--The map referred to in subsection (a) is 
the primary description of the lands to which the map refers. In the 
event of a conflict between the map description and the metes and 
bounds description of the lands, the map shall be deemed to be the 
definitive description of the lands unless the map cannot be located. 
The map shall be on file and available for public inspection in the 
Office of the Chief of the Forest Service until the lands are disposed 
of pursuant to this section.
    (c) Revocations.--Notwithstanding any other provision of law, on 
conveyance of land by the Secretary under this section, any public 
order withdrawing the land from any form of appropriation under the 
public land laws is revoked.

SEC. 6. DISPOSITION OF FUNDS.

    (a) Deposit in Sisk Act Fund.--The Secretary of Agriculture shall 
deposit in the fund established under Public Law 90-171 (16 U.S.C. 
484a; commonly known as the Sisk Act)--
            (1) the proceeds of a sale or exchange under section 2; and
            (2) the consideration received pursuant to sections 3(b) 
        and 4(b).
    (b) Use of Proceeds.--Subject to subsection (c), funds deposited 
under subsection (a) shall be available to the Secretary, without 
further appropriation, for--
            (1) the acquisition, construction, or improvement of 
        administrative facilities and sites for the Allegheny National 
        Forest; or
            (2) the acquisition of land and interests in land in the 
        Allegheny National Forest.
    (c) Condition on Land Acquisition.--The acquisition of lands in the 
Allegheny National Forest using funds deposited under subsection (a) is 
subject to the condition that the market value of the acquired lands 
may not exceed 125 percent of the market value of the lands disposed of 
under this Act.

SEC. 7. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES.

    Lands acquired by the Secretary of Agriculture under section 6(b) 
or by exchange under section 2 shall be managed by the Secretary in 
accordance with the Act of March 1, 1911 (commonly known as the Weeks 
Act; 16 U.S.C. 480 et seq.) and other laws and regulations pertaining 
to National Forest System lands. For the purposes of section 7 of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the 
boundaries of the Allegheny National Forest, as adjusted on account of 
the disposal and acquisition of lands under this Act, shall be 
considered to be the boundaries of that national forest as of January 
1, 1965.

SEC. 8. RELATION TO OTHER CONVEYANCES AUTHORITIES.

    Except as expressly provided in this Act, nothing in this Act 
affects any other authority of the Secretary of Agriculture to sell, 
exchange, or acquire land. Lands authorized for disposal under this Act 
shall not be subject to subchapters II and III of chapter 5 of title 
40, United States Code.

            Passed the House of Representatives October 5, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.