I 108th CONGRESS 2d Session H. R. 4700 IN THE HOUSE OF REPRESENTATIVES June 24, 2004 Mr. McInnis introduced the following bill; which was referred to the Committee on Resources A BILL To provide special authority to the Secretary of Agriculture to convey certain Forest Service administrative sites in the White River National Forest in Colorado, to reserve the proceeds from such conveyances to help resolve the facilities needs of that national forest, and for other purposes.

1.

SHORT TITLE

This Act may be cited as the White River National Forest Improvement Act of 2004.

2.

Administrative sites conveyance authority, White River National Forest, Colorado

(a)

Findings

The Congress finds the following: (1)The White River National Forest in Colorado (in this section referred to as the Forest) is one of the most visited recreation forests in the United States, but the administrative facilities of the Forest have become outdated and prohibitively expensive to operate and maintain. (2)The recently completed facility master plan for the Forest, entitled Facility Master Plan, White River National Forest and dated March 2003, including Appendix 3 of the plan, entitled Baseline Analysis and Strategic Recommendations (in this section referred to as the Facility Master Plan and Appendix 3), provides an excellent model for solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (b)

Special conveyance authority

(1)

Authority provided

The Secretary of Agriculture is authorized to sell, lease, exchange or otherwise convey, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following parcels of real property, including improvements thereon, within the Forest, as identified for disposal in the Facility Master Plan and Appendix 3: (A)

Parcel A

Shop/Barracks/Residential Compound, 10.9 acres, more or less. (B)

Parcel B

Eagle D.O. and dwelling unit, 0.3 acres, more or less. (C)

Parcel C

Eagle Shop/Pasture compound, 8.0 acres, more or less. (D)

Parcel D

Washington Street Residence, 0.2 acres, more or less. (E)

Parcel E

Holy Cross D.O. (Dowd Junction), 10 acres, more or less. (F)

Parcel F

Martin Property, 11.7 acres, more or less. (G)

Parcel G

Bone Yard/Storage Area, 5 acres, more or less. (H)

Parcel H

Housing Compound, 7 acres, more or less. (I)

Parcel I

Cross Creek Parcel, 10 acres, more or less. (J)

Parcel J

Dwelling 355 Fairway, 0.2 acres, more or less. (K)

Parcel K

Dwelling 236 Fairway, 0.2 acres, more or less. (L)

Parcel L

Sopris D.O. (Site #300), 1.2 acres, more or less. (M)

Parcel M

Sopris Pasture (Site #380), 11 acres, more or less. (N)

Parcel N

Old Tree Nursery (Site #360), 29 acres, more or less. (O)

Parcel O

SO Shop (Site #610), 0.66 acres, more or less. (P)

Parcel P

Airport Site, 4.0 acres, more or less. (2)

Inclusion of additional parcels

The Secretary may use the authority provided by this section to convey other real property in the Forest that is excess or extraneous to the needs of the Forest Service and is used predominantly for administrative purposes. The Secretary may include the approximately 3.0 acre administrative parcel in Aspen, Colorado, but the Secretary may only convey that parcel by lease or other contractual arrangement so that the United States retains fee ownership of the parcel. (3)

Descriptions

The Secretary may modify the description of a parcel of real property referred to in paragraph (1) to correct errors or to reconfigure the parcel to facilitate a conveyance. (c)

Consideration

(1)

Acceptance and forms

As consideration for the conveyance of real property under this section, the Secretary of Agriculture may accept cash, land, improvements, operational and maintenance services related to the administrative facilities of the Forest, or a combination thereof. (2)

Use

Subject to subsection (e), the Secretary shall utilize the parcels of real property referred to in subsection (b)(1) and the consideration received under this subsection in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3. The Secretary may modify the details of the Facility Master Plan and Appendix 3 consistent with the goal of solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (3)

Valuation

Any appraisal of real property considered necessary or desirable by the Secretary to carry out a conveyance under this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (4)

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 real property conveyed under this section by exchange. (d)

Methods and manner of conveyance

(1)

Solicitations of offers

The Secretary of Agriculture may— (A)solicit offers for the sale, lease, exchange, or other conveyance of parcels of real property under this section on such terms and conditions as the Secretary may prescribe; and (B)reject any offer that the Secretary determines is not adequate or not in the public interest. (2)

Use of competitive methods

The Secretary shall convey a parcel of real property under this section utilizing competitive processes, including competitive solicitation by auction, bid, or otherwise, except insofar as the Secretary determines that other procedures are required to facilitate the conveyance of the parcel. (3)

Use of brokers

The Secretary may utilize brokers or other third parties in the conveyance of real property under this section and, from the proceeds of the conveyance, may pay reasonable commissions or fees for services rendered. (e)

Treatment of receipts

(1)

Deposit in sisk act fund

The Secretary of Agriculture shall deposit the net receipts of a conveyance under this section in the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (2)

Relation to other forest receipts

The receipts from a conveyance under this section shall not be paid or distributed to the State of Colorado or any county in the State under any provision of law or otherwise be considered as moneys received from the National Forest System for purposes of the Act of May 23, 1908, or the Act of March 1, 1911 (16 U.S.C. 500), or the Act of March 4, 1913 (16 U.S.C. 501). (3)

Use of receipts

Amounts deposited pursuant to paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, operation, and maintenance of administrative improvements in the Forest, including provisions for employee housing, in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3, subject to such modifications of the Facility Master Plan and Appendix 3 as the Secretary may make under subsection (c). (f)

Miscellaneous provisions

(1)

Withdrawal

Subject to valid existing rights, the parcels of real property referred to in subsection (b)(1) are withdrawn from location, entry, and patent under the mining laws of the United States. (2)

Inapplicable Authorities

Subchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (g)

Authorization for Appropriations

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