I 112th CONGRESS 1st Session H. R. 1008 IN THE HOUSE OF REPRESENTATIVES March 10, 2011 Mr. Duncan of Tennessee introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the conveyance of a small parcel of National Forest System land in the Cherokee National Forest and to authorize the Secretary of Agriculture to use the proceeds from that conveyance to acquire a parcel of land for inclusion in that national forest, and for other purposes.

1.

Short title

This Act may be cited as the Benton MacKaye Cherokee National Forest Land Consolidation Act.

2.

Land conveyances, Cherokee National Forest, Tennessee

(a)

Conveyance authorized

The Secretary of Agriculture (in this section referred to as the Secretary) shall convey and quitclaim to the Towee Falls Baptist Church all right, title, and interest of the United States in and to a parcel of National Forest System land in Cherokee National Forest consisting of approximately 66.5 acres surrounding the Towee Falls Baptist Church, as generally depicted on the map titled Legislative Map H.R. 4658 and dated June 1, 2010 (in this section referred to as the parcel). (b)

Consideration

(1)

Consideration required

As consideration for the conveyance of the parcel, the Towee Falls Baptist Church shall pay to the Secretary an amount of cash equal to the market value of the parcel based on an appraisal approved by the Secretary. (2)

Deposit of consideration

The consideration received under paragraph (1) shall be deposited into the account in the Treasury established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (3)

Use of consideration

(A)

In general

Monies deposited pursuant to paragraph (1) shall be available to the Secretary, until expended and without further appropriation, for the acquisition of lands and interests in land in the Cherokee National Forest in Tennessee. (B)

Acquisition of doc rogers tract

Congress finds that it is in the public interest that the Secretary acquire from the Monroe County Tennessee Board of Education all right, title, and interest of the Board of Education in and to a tract of land in Monroe County, Tennessee, consisting of approximately 102 acres and known as the Doc Rogers tract. The Secretary may apply the monies deposited pursuant to paragraph (1) to acquire the Doc Rogers tract if the Secretary and the Monroe County Tennessee Board of Education reach agreement on the terms of a Federal acquisition. (c)

Valuation

The parcel will be appraised in accordance with appraisal specifications prescribed by the Secretary, and such specifications shall include that the parcel be valued as a free standing lot unconnected with any larger tract, and unencumbered with any Forest Service special use authorization held by the Church. (d)

Condition of conveyance

The conveyance of the parcel shall be subject to the condition that the Towee Falls Baptist Church accept the parcel in its condition at the time of conveyance (commonly known as a conveyance as is). (e)

Survey and costs

The exact acreage and legal description of the parcel shall be determined by a survey satisfactory to the Secretary of Agriculture. The cost of the survey and all other costs incurred by the Secretary to convey the parcel shall be borne by the Towee Falls Baptist Church. (f)

Additional terms

The Secretary may require such additional terms and conditions in connection with the conveyance of the parcel as the Secretary considers appropriate to protect the interests of the United States.

3.

Statutory Pay-As-You-Go language

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.