[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Pages S15867-S15868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        IDAHO PANHANDLE NATIONAL FOREST IMPROVEMENT ACT OF 2003

  The Senate proceeded to consider the bill (S. 434) 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, 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:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 434

       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 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, T. 61 N., R. 4 
     E., B.M., sec. 17, S\1/2\NE\1/4\ (80 acres, more or less).
       [(2) North South Ski area, T. 43 N., R. 3 W., B.M., sec. 
     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), T. 50 N., R. 4 E., B.M., sec. 5, a portion of the 
     S\1/2\SE\1/4\.
       [(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.
       [(c) Consideration.--Consideration for a sale or exchange 
     of land under subsection (a)--
       [(1) shall be equal to the market value of the land; and
       [(2) may include cash, improved or unimproved land, or land 
     with improvements constitutes in accordance with 
     specifications of the Secretary.
       [(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, 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''.
       [(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).
       [(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.
       [(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.

     [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 
     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) 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--
       [(1) the Act of May 23, 1908 (16 U.S.C. 500);
       [(2) the Act of March 1, 1911 (16 U.S.C. 500, commonly 
     known as the ``Weeks Law''); or
       [(3) the Act of March 4, 1913 (16 U.S.C. 501).
       [(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.
       [(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.
       [(f) Withdrawal and Revocations.--
       [(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.

[[Page S15868]]

       [(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.

     [SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

     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.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 434), as amended, was read the third time and passed.

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