[Congressional Record Volume 146, Number 100 (Thursday, July 27, 2000)]
[Senate]
[Pages S7794-S7795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 BEND PINE NURSERY LAND CONVEYANCE ACT

  Mr. SMITH of Oregon. Mr. President, I ask unanimous consent that the 
Senate now proceed to the consideration of Calendar No. 486, S. 1936.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1936) to authorize the Secretary of Agriculture 
     to sell or exchange all or part of certain administrative 
     sites and other National Forest System land in the State of 
     Oregon and use the proceeds derived from the sale or exchange 
     for National Forest System purposes.

  There being no objection, the Senate proceeded to consider the 
bill, 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.

       This Act may be cited as the ``Bend Pine Nursery Land 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) State.--The term ``State'' means the State of Oregon.

     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) Tract A, Bend Pine Nursery, comprising approximately 
     210 acres, as depicted on site plan map entitled ``Bend Pine 
     Nursery Administrative Site, May 13, 1999''.
       (2) Tract B, the Federal Government owned structures 
     located at Shelter Cove Resort, Deschutes National Forest, 
     buildings only, as depicted on site plan map entitled 
     ``Shelter Cove Resort, November 3, 1997''.
       (3) Tract C, portions of isolated parcels of National 
     Forest Land located in Township 20 south, Range 10 East 
     section 25 and Township 20 South, Range 11 East sections 8, 
     9, 16, 17, 20, and 21 consisting of approximately 1,260 
     acres, as depicted on map entitled ``Deschutes National 
     Forest Isolated Parcels, January 1, 2000''.
       (4) Tract D, Alsea Administrative Site, consisting of 
     approximately 24 acres, as depicted on site plan map entitled 
     ``Alsea Administrative Site, May 14, 1999''.
       (5) Tract E, Mapleton Administrative Site, consisting of 
     approximately 8 acres, as depicted on site plan map entitled 
     ``Mapleton Administrative Site, May 14, 1999''.
       (6) Tract F, Springdale Administrative Site, consisting of 
     approximately 3.6 acres, as depicted on site plan map 
     entitled ``Site Development Plan, Columbia Gorge Ranger 
     Station, April 22, 1964''.
       (7) Tract G, Dale Administrative Site, consisting of 
     approximately 37 acres, as depicted on site plan map entitled 
     ``Dale Compound, February 1999''.
       (8) Tract H, Crescent Butte Site, consisting of 
     approximately .8 acres, as depicted on site plan map entitled 
     ``Crescent Butte Communication Site, January 1, 2000''.
       (b) Consideration.--Consideration for a sale or exchange of 
     land under subsection (a) may include the acquisition of 
     land, existing improvements, or improvements constructed to 
     the specifications of the Secretary.
       (c) 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 (including 
     regulations) applicable to the conveyance and acquisition of 
     land for the National Forest System.
       (d) 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).
       (e) Solicitations of Offers.--
       (1) In general.--Subject to paragraph (3), the Secretary 
     may solicit offers for 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

[[Page S7795]]

     Secretary determines that the offer is not adequate or not in 
     the public interest.
       (3) Right of first refusal.--The Bend Metro Park and 
     Recreation District in Deschutes County, Oregon, shall be 
     given the right of first refusal to purchase the Bend Pine 
     Nursery described in subsection (a)(1).
       (f) Revocations.--
       (1) In general.--Any public land order withdrawing land 
     described in subsection (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.
       (2) Effective date.--The effective date of any revocation 
     under paragraph (1) shall be the date of the patent or deed 
     conveying the land.

     SEC. 4. DISPOSITION OF FUNDS.

       (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'').
       (b) Use of Proceeds.--Funds deposited under subsection (a) 
     shall be available to the Secretary, without further Act of 
     appropriation, for--
       (1) the acquisition, construction, or improvement of 
     administrative and visitor facilities and associated land in 
     connection with the Deschutes National Forest;
       (2) the construction of a bunkhouse facility in the 
     Umatilla National Forest; and
       (3) to the extent the funds are not necessary to carry out 
     paragraphs (1) and (2), the acquisition of land and interests 
     in land in the State.
       (c) Administration.--Subject to valid existing rights, the 
     Secretary shall manage any land acquired by purchase or 
     exchange under this Act in accordance with the Act of March 
     1, 1911 (16 U.S.C. 480 et seq.) (commonly known as the 
     ``Weeks Act'') and other laws (including regulations) 
     pertaining to the National Forest System.

     SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.

       The Secretary may acquire, construct, or improve 
     administrative facilities and associated land in connection 
     with the Deschutes National Forest System by using--
       (1) funds made available under section 4(b); and
       (2) to the extent the funds are insufficient to carry out 
     the acquisition, construction, or improvement, funds 
     subsequently made available for the acquisition, 
     construction, or improvement.

     SEC. 6. AUTHORIZATION OF APPROPRIATION.

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

  Mr. SMITH of Oregon. Mr. President, I ask unanimous consent that the 
committee amendment be agreed to, the bill, as amended, be considered 
read the third time and passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 1936), as amended, was read the third time and passed.

                          ____________________