[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 434 Enrolled Bill (ENR)]
S.434
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To authorize the Secretary of Agriculture to sell or exchange all or
part of certain parcels of National Forest System land in the State of
Idaho 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Panhandle National Forest
Improvement Act of 2004''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
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) Granite/Reeder Bay, Priest Lake Parcel, T61N, R4E, Boise
Principal Meridian, section 17, S\1/2\NE\1/4\ (80 acres, more or
less).
(2) North South Ski area, T43N, R3W, Boise Principal Meridian,
section 13, SE\1/4\SE\1/4\SW\1/4\, S\1/2\SW\1/4\SE\1/4\, NE\1/
4\SW\1/4\SE\1/4\, and SW\1/4\SE\1/4\SE\1/4\ (50 acres more or
less).
(3) Shoshone work camp (including easements for utilities),
T50N, R4E, Boise Principal Meridian, section 5, a portion of the
S\1/2\SE\1/4\ (19 acres, more or less).
(b) Descriptions.--The Secretary may modify the descriptions in
subsection (a) to correct errors or to make minor adjustments to the
parcels in order to facilitate the conveyance of the parcels.
(c) Consideration.--Consideration for a sale or exchange of land
under subsection (a)--
(1) shall be equal to the fair market value of the land; and
(2) may include cash or improved or unimproved land.
(d) 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 applicable to the conveyance and
acquisition of land for the National Forest System.
(e) Valuation.--The market value of the land and the improvements
to be sold or exchanged under this Act shall be determined by an
appraisal that is acceptable to the Secretary and conforms with the
Uniform Appraisal Standards for Federal Land Acquisitions.
(f) Cash Equalization.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(g) Solicitations of Offers.--
(1) In general.--The Secretary may solicit offers for the 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.
(h) Methods of Sale.--The Secretary may sell land under subsection
(a) at public or private sale (including at auction), in accordance
with any terms, conditions, and procedures that the Secretary
determines to be in the best interests of the United States.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or the cash equalization proceeds, if any, from an exchange
under section 3(a) in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(b) Use of Proceeds.--Amounts deposited under subsection (a) shall
be available to the Secretary, without further appropriation--
(1) for the acquisition of, construction of, or rehabilitation
of existing facilities for, a new ranger station in the Silver
Valley portion of the Panhandle National Forest; or
(2) to the extent that the amount of funds deposited exceeds
the amount needed for the purpose described in paragraph (1), for
the acquisition, construction, or rehabilitation of other
facilities in the Panhandle National Forest.
(c) Nondistribution of Proceeds.--Proceeds from the sale or
exchange of land under this Act shall not be paid or distributed to
States or counties under any provision of law, or otherwise treated as
money received from a national forest, for purposes of--
(1) the Act of May 23, 1908 (16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (commonly known as
the ``Weeks Law'') (16 U.S.C. 500); or
(3) the Act of March 4, 1913 (16 U.S.C. 501).
SEC. 5. ADMINISTRATION.
(a) In General.--Land transferred to or otherwise acquired by the
Secretary under this Act shall be managed in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(2) other laws relating to the National Forest System.
(b) Exemption From Property Management Regulations.--Part 1955 of
title 7, Code of Federal Regulations (or any successor regulation),
shall not apply to any actions taken under this Act.
(c) Withdrawals and Revocations.--
(1) Withdrawal.--Subject to valid existing rights, all land
described in section 3(a) is withdrawn from--
(A) location, entry, and patent under the mining laws; and
(B) the operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Revocation of public land orders.--As of the date of this
Act, any public land order withdrawing land described in section
3(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.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.