[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2793-S2795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        EDUCATION LAND GRANT ACT

  The Senate proceeded to consider the bill (H.R. 150) to authorize the 
Secretary of Agriculture to convey National Forest System land for use 
for educational purposes, and for other purposes, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the ``National 
     Forest Education and Community Purpose Lands Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) communities adjacent to and surrounded by National 
     Forest System land have limited opportunities to acquire land 
     for recreational, educational and other public purposes;
       (2) in many cases, such recreational, educational and other 
     public purposes are not within the mission of the Forest 
     Service, but would not be inconsistent with land and resource 
     management plans developed for the adjacent national forest;
       (3) such communities are often unable to acquire land for 
     such recreational, educational and other public purposes due 
     to extremely high market value of private land resulting from 
     the predominance of Federal land in the local area; and
       (4) the national forests and adjacent communities would 
     mutually benefit from a process similar to that available to 
     the Bureau of Land

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     Management under the Act of June 14, 1926 (commonly known as 
     the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Hazardous substance.--The term ``hazardous substance'' 
     has the meaning given the term in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9601).
       (2) Parcel.--
       (A) In general.--The term ``parcel'' means a parcel of land 
     under the jurisdiction of the Forest Service that has been 
     withdrawn from the public domain.
       (B) Exclusion.--The term ``parcel'' does not include land 
     set aside or held for the benefit of Indians.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.

     SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM LAND FOR PUBLIC 
                   PURPOSES.

       (a) Authority.--Upon receipt and approval of an application 
     in writing, the Secretary may dispose of National Forest 
     System land to a State or a political subdivision of a State 
     as provided in this section on the condition that the parcel 
     be used for recreational, educational and other public 
     purposes, as determined by the Secretary.
       (b) Conditions of Disposal, Transfer of Title, or Change in 
     Use.--Before any parcel may be disposed of or any application 
     for a transfer of title to or a change in use of a parcel is 
     approved under this section, the Secretary shall determine 
     that--
       (1) the parcel is to be used for an established or proposed 
     project that is described in detail in the application to the 
     Secretary, and that would serve public objectives (either 
     locally or at large) that outweigh the objectives and values 
     which would be served by maintaining such parcel in Federal 
     ownership;
       (2) the applicant is financially and otherwise capable of 
     implementing the proposed project; and
       (3) the acreage is not more than is reasonably necessary 
     for the proposed use.
       (c) Public Participation.--The Secretary shall provide an 
     opportunity for public participation in a disposal under this 
     section, including at least one public hearing or meeting, to 
     provide for public comments.
       (d) Review of Applications.--
       (a) In general.--When the Secretary receives an application 
     under this section to convey a parcel for recreational, 
     educational, or other public purposes related to emergency 
     services, the Secretary shall--
       (A) before the end of the 14-day period beginning on the 
     date of the receipt of the application, provide notice of 
     that receipt to the applicant; and
       (B) before the end of the 120-day period beginning on that 
     date--
       (i) make a final determination whether or not to convey 
     land pursuant to the application, and notify the applicant of 
     that determination; or
       (ii) submit written notice to the applicant containing the 
     reasons why a final determination has not been made.
       (2) Other applications.--When the Secretary receives an 
     application under this section to convey a parcel for any 
     public purposes other than those under paragraph (1), the 
     Secretary shall--
       (A) before the end of the 14-day period beginning on the 
     date of the receipt of the application, provide notice of 
     that receipt to the applicant; and
       (B) take reasonable actions necessary to make a final 
     determination whether or not to convey land pursuant to the 
     application, and notify the applicant of that determination, 
     to the extent practicable, before the end of the 180-day 
     period beginning on that date.
       (e) Parcels Withdrawn in Aid of Functions of Federal and 
     State Agencies.--If a parcel has been withdrawn in aid of a 
     function of a Federal agency other than the Department of 
     Agriculture or of an agency of a State or political 
     subdivision of a State (including a water district), the 
     Secretary may dispose of the parcel under this section only 
     with the consent of the agency.
       (f) Conveyances and Leases.--
       (1) Conveyances.--The Secretary may convey a parcel to the 
     State or a political subdivision of a State in which the 
     parcel is located if the proposed use is not inconsistent 
     with the land allocations within applicable land and resource 
     management plans under the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)
       (2) Leases.--The Secretary may lease a parcel to the State 
     or a political subdivision of a State in which the parcel is 
     located, at a reasonable annual rental, for a period up to 25 
     years, and, at the discretion of the Secretary, with a 
     privilege of renewal for a like period, if the proposed use 
     is not inconsistent with the land allocations within 
     applicable land and resource management plans under the 
     Forest and Rangeland Renewable Resources Planning Act of 1974 
     (16 U.S.C. 1600 et seq.)
       (3) Consideration.--The conveyance or lease of a parcel for 
     purposes under this section shall be made at a price to be 
     fixed by the Secretary, consistent with the pricing structure 
     established by the Secretary of the Interior under the Act of 
     June 14, 1926 (43 U.S.C. 869 et seq.).
       (g) Acreage Limitations and Property Descriptions.--
       (1) Acreage limitations.--A conveyance under this section 
     may not exceed 100 acres, unless the parcel contains 
     facilities that have been determined by the Secretary to be 
     suitable for disposal under the authority of the General 
     Services Administration. This limitation shall not be 
     construed to preclude an entity from submitting subsequent 
     applications under this section for additional land 
     conveyances if the entity can demonstrate to the Secretary a 
     need for additional land.
       (2) Description of property.--If necessary, the exact 
     acreage and legal description the real property conveyed 
     under this subsection shall be determined by a survey 
     satisfactory to the Secretary and the applicant. The cost of 
     the survey shall be borne by the applicant.
       (3) Recreation and purposes act.--Section 1 of the Act of 
     June 14, 1926 (commonly known as the ``Recreation and Public 
     Purposes Act''; 43 U.S.C. 869), as amended, is further 
     amended by adding at the end the following:
       ``(d) Description of Property.--If necessary, the exact 
     acreage and legal description of the real property conveyed 
     under this section shall be determined by a survey 
     satisfactory to the Secretary and the applicant. The cost of 
     the survey shall be borne by the applicant.''.
       (h) Reservation of Mineral Rights.--Each conveyance or 
     lease under this section shall contain a reservation to the 
     United States of all mineral deposits in the parcel conveyed 
     or leased and of the right to mine and remove the mineral 
     deposits under applicable laws (including regulations).
       (i) Use of the Leased Land for Unauthorized Purposes.--Each 
     lease under this section shall contain a provision for 
     termination of the lease on a finding by the Secretary that--
       (1) the parcel has not been used by the lessee as specified 
     in the lease of a period greater than 5 years; or
       (2) the parcel or any part of the parcel is being devoted 
     to a use other than that for which the lease was made.
       (j) Conditions of Conveyance; Reversion for 
     Noncompliance.--
       (1) Conditions of conveyance.--
       (A) Transfer of title.--
       (i) In general.--Except as provided in clause (ii), title 
     to a parcel conveyed by the Secretary under this section may 
     not be transferred by the grantee or a successor of the 
     grantee.
       (ii) Exception.--With the consent of the Secretary in 
     accordance with this section, title to a parcel may be 
     transferred to the State or a political subdivision of the 
     State in which the parcel is located.
       (B) Use.--
       (i) In general.--Except as provided in clause (ii), a 
     grantee or a successor of the grantee may not change the use 
     specified in the conveyance of a parcel under this section to 
     another or additional use.
       (ii) Exception.--Upon application and appropriate public 
     participation, the Secretary may approve a change in use of a 
     parcel to anther recreational, educational or other public 
     use, in accordance with this section.
       (2) Reversion for noncompliance.--If at any time after a 
     parcel is conveyed by the Secretary, the grantee or a 
     successor of the grantee, without the consent of the 
     Secretary, attempts to transfer title to or control over the 
     parcel to another person or entity or to devote the parcel to 
     a use other than that for which the parcel was conveyed, 
     title to the parcel shall revert to the United States.
       (k) Prior Conveyances.--On application by the State or a 
     political subdivision of the State in which the parcel is 
     located, the Secretary may authorize a transfer of title or a 
     change in use in accordance with subsection (j) with respect 
     to any parcel conveyed under this section or any other law.
       (l) Solid Waste Disposal Sites.--
       (1) Conveyance for the purposes of solid waste disposal.--
     If the Secretary receives an application for conveyance of a 
     parcel under this section for the purpose of solid waste 
     disposal or for another purpose that the Secretary finds may 
     include the disposal, placement, or release of any hazardous 
     substance, the Secretary may convey the parcel subject only 
     to this subsection.
       (2) Investigation.--
       (A) In general.--Before any conveyance of a parcel under 
     this subsection, the Secretary shall investigate the parcel 
     to determine whether any hazardous substance is present on 
     the parcel.
       (B) Elements of an investigation.--An investigation under 
     subparagraph (A) shall include--
       (i) a review of any available records of the use of the 
     parcel; and
       (ii) all appropriate analyses of the soil, water and air 
     associated with the parcel.
       (C) Presence of a hazardous substance.--A parcel shall not 
     be conveyed under this subsection if the investigation 
     indicates that any hazardous substance is present on the 
     parcel.
       (3) Submission to other state and federal agencies.--No 
     application for conveyance under this subsection shall be 
     acted on by the Secretary until the applicant has furnished 
     evidence, satisfactory to the Secretary, that a copy of the 
     application and information concerning the proposed use of 
     the parcel covered by the application has been provided to 
     the Environmental Protection Agency and to all other State 
     and Federal agencies with responsibility for enforcement of 
     Federal and State laws applicable to land used for the 
     disposal, placement, or release of solid waste or any 
     hazardous substance.
       (4) Warranty.--No application for conveyance under this 
     subsection shall be acted on by the Secretary until the 
     applicant gives a warranty that--
       (A) use of the parcel covered by the application will be 
     consistent with all applicable Federal and State laws, 
     including laws dealing with the disposal, placement, or 
     release of hazardous substances; and
       (B) the applicant will hold the United States harmless from 
     any liability that may arise out of any violation of any such 
     law.
       (5) Requirements.--A conveyance under this subsection shall 
     be made to the extent that the applicant demonstrates to the 
     Secretary that the

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     parcel covered by an application meets all applicable State 
     and local requirements and is appropriate in character and 
     reasonable in acreage in order to meet an existing or 
     reasonably anticipated need for solid waste disposal or for 
     another proposed use that the Secretary finds may include the 
     disposal, placement, or release of any hazardous substance.
       (6) Conditions.--
       (A) In general.--A conveyance of a parcel under this 
     subsection shall be subject to the conditions stated in this 
     paragraph.
       (B) Reverter.--
       (i) In general.--The instrument of conveyance shall provide 
     that the parcel shall revert to the United States unless 
     substantially all of the parcel has been used, on or before 
     the date that is 5 years after the date of conveyance, for 
     the purpose specified in the application, or for other use or 
     uses authorized under subsection (b) with the consent of the 
     Secretary.
       (ii) Limitation.--No portion of a parcel that has been used 
     for solid waste disposal or for any other purpose that the 
     Secretary finds may result in the disposal, placement, or 
     lease of a hazardous substance shall revert to the United 
     States.
       (C) Payment to the secretary on further conveyance.--If at 
     any time after conveyance any portion of a parcel has not 
     been used for the purpose specified in the application, and 
     the entity to which the parcel was conveyed by the Secretary 
     transfers ownership of the unused portion to any other person 
     or entity, transferee shall be liable to pay the Secretary 
     the fair market value of the transferred portion as of the 
     date of the transfer, including the value of any improvements 
     thereon.
       (D) Use of payments.--Subject to the availability of 
     appropriations, all amounts received by the Secretary under 
     subparagraph (C) shall be retained by the Secretary, shall be 
     available to the Secretary for use for the management of 
     National Forest System land, and shall remain available until 
     expended.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (H.R. 150), as amended, was passed.

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