[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 434 Reported in Senate (RS)]
Calendar No. 256
108th CONGRESS
1st Session
S. 434
[Report No. 108-132]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2003
Mr. Craig (for himself and Mr. Crapo) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
August 26, 2003
Reported under authority of the order of the Senate of July 29
(legislative day, July 21), 2003, by Mr. Domenici, 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 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Idaho Panhandle National
Forest Improvement Act of 2003''.</DELETED>
<DELETED>SEC. 2. DEFINITION OF SECRETARY.</DELETED>
<DELETED> In this Act, the term ``Secretary'' means the Secretary of
Agriculture.</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) Granite/Reeder Bay, Priest Lake Parcel, T. 61
N., R. 4 E., B.M., sec. 17, S</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>NE</DELETED>\<DELETED>1/4</DELETED>\
<DELETED>(80 acres, more or less).</DELETED>
<DELETED> (2) North South Ski area, T. 43 N., R. 3 W., B.M.,
sec. 13, SE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>SW</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>, S</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>SW</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>, NE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>SW</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>, and SW</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/4</DELETED>\
<DELETED>(50 acres more or less).</DELETED>
<DELETED> (3) Shoshone work camp (including easements for
utilities), T. 50 N., R. 4 E., B.M., sec. 5, a portion of the
S</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>.</DELETED>
<DELETED> (b) Descriptions.--The Secretary may modify the
descriptions in subsection (a) to correct errors or to reconfigure the
properties in order to facilitate a conveyance.</DELETED>
<DELETED> (c) Consideration.--Consideration for a sale or exchange
of land under subsection (a)--</DELETED>
<DELETED> (1) shall be equal to the market value of the
land; and</DELETED>
<DELETED> (2) may include cash, improved or unimproved land,
or land with improvements constitutes in accordance with
specifications of the Secretary.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Valuation.--The market value of the land and the
improvements to be sold, exchanged, or constructed under this Act shall
be determined by an appraisal that is acceptable to the Secretary and
conforms to the ``Uniform Appraisal Standards for Federal Land
Acquisitions''.</DELETED>
<DELETED> (f) 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> (g) Solicitations of Offers.--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. 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> (h) Methods of Sale.--The Secretary may sell land under
subsection (a) at public or private sale, including at auction, in
accordance with such terms, conditions, and procedures as the Secretary
determines to be in the best interests of the United States.</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 appropriation--
</DELETED>
<DELETED> (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,</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Limitations.--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 considered to be
moneys from units of the National Forest System for the purposes of--
</DELETED>
<DELETED> (1) the Act of May 23, 1908 (16 U.S.C.
500);</DELETED>
<DELETED> (2) the Act of March 1, 1911 (16 U.S.C. 500,
commonly known as the ``Weeks Law''); or</DELETED>
<DELETED> (3) the Act of March 4, 1913 (16 U.S.C.
501).</DELETED>
<DELETED> (d) Departmental Regulations.--The Agriculture Property
Management Regulations shall not apply to any disposition of National
Forest System land under this Act or any other action taken under this
Act.</DELETED>
<DELETED> (e) Management of Lands Acquired by the United States.--
Land transferred to or otherwise acquired by the Secretary under this
Act shall be managed in accordance with the Act of March 1, 1911 (16
U.S.C. 480 et seq., commonly known as the ``Weeks Law'') and other laws
relating to the National Forest System.</DELETED>
<DELETED> (f) Withdrawal and Revocations.--</DELETED>
<DELETED> (1) 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.</DELETED>
<DELETED> (2) Withdrawal.--Subject to valid existing rights,
all land described in section 3(a) is withdrawn from location,
entry, and patent under the mining laws of the United
States.</DELETED>
<DELETED>SEC. 5. AUTHORIZATION OF APPROPRIATIONS.</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 ``Idaho Panhandle National Forest
Improvement Act of 2003''.
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.
Calendar No. 256
108th CONGRESS
1st Session
S. 434
[Report No. 108-132]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
August 26, 2003
Reported with an amendment