[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Pages S15868-S15869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SANDPOINT LAND AND FACILITIES CONVEYANCE ACT OF 2003

  The Senate proceeded to consider the bill (S. 435) to provide for the 
conveyance by the Secretary of Agriculture of the Sandpoint Federal 
Building and adjacent land in Sandpoint, Idaho, and for other purposes, 
which had been reported from the Committee on Energy and Natural 
Resources, with amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                 S. 435

       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 ``Sandpoint Land and 
     Facilities Conveyance Act of 2003''.

     SEC. 2. CONVEYANCE OF SANDPOINT FEDERAL BUILDING AND ADJACENT 
                   LAND, SANDPOINT, IDAHO.

       (a) Transfer of Administrative Jurisdiction.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Administrator of General Services shall transfer to the 
     Secretary of Agriculture, without reimbursement, 
     administrative jurisdiction over the Sandpoint Federal 
     Building and approximately 3.17 acres of land in Sandpoint, 
     Idaho, as depicted on the map entitled ``Sandpoint Federal 
     Building,'' dated September 12, 2002, on file in the Office 
     of the Chief of the Forest Service and the Office of the 
     Supervisor, Idaho National Panhandle Forest, Coeur d'Alene, 
     Idaho.
       (b) Assumption and Repayment of Debt.--As of the date on 
     which administrative jurisdiction of the property is 
     transferred under subsection (a), the Secretary shall assume 
     the obligation of the Administrator of General Services to 
     repay to the Federal Finance Bank the debt incurred with 
     respect to the transferred property. The Secretary may repay 
     the debt using--
       (1) the proceeds of the conveyance of the property under 
     this section;
       (2) amounts appropriated to the Forest Service for the 
     rental, upkeep, and maintenance of facilities; and
       (3) any other unobligated appropriated amounts available to 
     the Secretary.
       (c) Conveyance of Property.--
       (1) Conveyance authorized.--The Secretary may convey, by 
     quitclaim deed, all right, title, and interest of the United 
     States in and to the property transferred to the Secretary 
     under subsection (a). The conveyance may be made by sale or 
     by exchange.
       (2) Solicitations of offers.--The Secretary may solicit 
     offers for the conveyance of the property 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.
       (d) Consideration.--
       (1) Conditions of sale.--If the property is conveyed under 
     subsection (c) by sale, the purchaser shall pay to the 
     Secretary an amount equal to the fair market value of the 
     property as determined under paragraph (3). At the election 
     of the Secretary, the consideration may be in the form of 
     cash or other consideration, including the construction of 
     administrative facilities for the National Forest System in 
     Bonner County, Idaho.
       (2) Conditions of exchange.--If the property is conveyed in 
     exchange for construction of administrative facilities, the 
     conveyance shall be subject to--
       (A) construction of the administrative facilities in 
     accordance with terms or conditions that the Secretary may 
     prescribe, including final building design and costs;
       (B) completion of the administrative facilities in a manner 
     satisfactory to the Secretary;
       (C) the condition that the exchange be an equal value 
     exchange, or if the value of the property and the 
     administrative facilities are not equal, as determined under 
     paragraph (3), that the values be equalized in accordance 
     with paragraph (4); and
       (D) any requirements of the Secretary that the entity 
     acquiring the property assume any outstanding indebtedness on 
     the property to the Federal Finance Bank.
       (3) Valuation.--The value of the property to be conveyed 
     under subsection (c), and the value of any administrative 
     facilities in exchange for the property, shall be determined 
     by an appraisal that conforms to the Uniform Appraisal 
     Standards for Federal Land Acquisitions and is acceptable to 
     the Secretary.
       (4) Equalization of values.--Notwithstanding any other 
     provision of law, the Secretary may accept a cash 
     equalization payment in excess of 25 percent of the value of 
     the property conveyed under subsection (c).

[[Page S15869]]

     SEC. 3. DISPOSITION OF FUNDS.

       (a) Deposit of Proceeds.--The Secretary shall deposit the 
     proceeds derived for the conveyance of the property under 
     this section in the fund established by 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 and until expended, for--
       (1) the acquisition, construction, or improvement of 
     administrative facilities and associated land; and
       (2) the acquisition of land and interests in land for 
     addition to the National Forest System in the Northern Region 
     of the Forest Service in the State of Idaho.
       (c) Limitations.--Funds deposited under subsection (a) 
     shall not be paid or distributed to States or counties under 
     any provision of law, or otherwise considered moneys received 
     from units of the National Forest System 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 (16 U.S.C. 500, 
     commonly known as the ``Weeks Law''); or
       (3) [the fourteenth paragraph under the heading ``Forest 
     Service'' in] the Act of March 4, 1913 (16 U.S.C. 501).
       (d) Management of Lands Acquired by the United States.--
     Subject to valid existing rights, the Secretary shall manage 
     any land acquired under this Act, 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.
       (e) Applicable Law.--Except as otherwise provided in this 
     section, the conveyance of property under this section shall 
     be subject to the laws applicable to conveyances of National 
     Forest System land. Part 1955 of title 7, Code of Federal 
     Regulations, shall not apply to any action carried out under 
     this section.

  The committee amendments were agreed to.
  The bill (S. 435), as amended, was read the third time and passed, as 
follows:

                                 S. 435

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sandpoint Land and 
     Facilities Conveyance Act of 2003''.

     SEC. 2. CONVEYANCE OF SANDPOINT FEDERAL BUILDING AND ADJACENT 
                   LAND, SANDPOINT, IDAHO.

       (a) Transfer of Administrative Jurisdiction.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Administrator of General Services shall transfer to the 
     Secretary of Agriculture, without reimbursement, 
     administrative jurisdiction over the Sandpoint Federal 
     Building and approximately 3.17 acres of land in Sandpoint, 
     Idaho, as depicted on the map entitled ``Sandpoint Federal 
     Building,'' dated September 12, 2002, on file in the Office 
     of the Chief of the Forest Service and the Office of the 
     Supervisor, Idaho National Panhandle Forest, Coeur d'Alene, 
     Idaho.
       (b) Assumption and Repayment of Debt.--As of the date on 
     which administrative jurisdiction of the property is 
     transferred under subsection (a), the Secretary shall assume 
     the obligation of the Administrator of General Services to 
     repay to the Federal Finance Bank the debt incurred with 
     respect to the transferred property. The Secretary may repay 
     the debt using--
       (1) the proceeds of the conveyance of the property under 
     this section;
       (2) amounts appropriated to the Forest Service for the 
     rental, upkeep, and maintenance of facilities; and
       (3) any other unobligated appropriated amounts available to 
     the Secretary.
       (c) Conveyance of Property.--
       (1) Conveyance authorized.--The Secretary may convey, by 
     quitclaim deed, all right, title, and interest of the United 
     States in and to the property transferred to the Secretary 
     under subsection (a). The conveyance may be made by sale or 
     by exchange.
       (2) Solicitations of offers.--The Secretary may solicit 
     offers for the conveyance of the property 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.
       (d) Consideration.--
       (1) Conditions of sale.--If the property is conveyed under 
     subsection (c) by sale, the purchaser shall pay to the 
     Secretary an amount equal to the fair market value of the 
     property as determined under paragraph (3). At the election 
     of the Secretary, the consideration may be in the form of 
     cash or other consideration, including the construction of 
     administrative facilities for the National Forest System in 
     Bonner County, Idaho.
       (2) Conditions of exchange.--If the property is conveyed in 
     exchange for construction of administrative facilities, the 
     conveyance shall be subject to--
       (A) construction of the administrative facilities in 
     accordance with terms or conditions that the Secretary may 
     prescribe, including final building design and costs;
       (B) completion of the administrative facilities in a manner 
     satisfactory to the Secretary;
       (C) the condition that the exchange be an equal value 
     exchange, or if the value of the property and the 
     administrative facilities are not equal, as determined under 
     paragraph (3), that the values be equalized in accordance 
     with paragraph (4); and
       (D) any requirements of the Secretary that the entity 
     acquiring the property assume any outstanding indebtedness on 
     the property to the Federal Finance Bank.
       (3) Valuation.--The value of the property to be conveyed 
     under subsection (c), and the value of any administrative 
     facilities in exchange for the property, shall be determined 
     by an appraisal that conforms to the Uniform Appraisal 
     Standards for Federal Land Acquisitions and is acceptable to 
     the Secretary.
       (4) Equalization of values.--Notwithstanding any other 
     provision of law, the Secretary may accept a cash 
     equalization payment in excess of 25 percent of the value of 
     the property conveyed under subsection (c).

     SEC. 3. DISPOSITION OF FUNDS.

       (a) Deposit of Proceeds.--The Secretary shall deposit the 
     proceeds derived for the conveyance of the property under 
     this section in the fund established by 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 and until expended, for--
       (1) the acquisition, construction, or improvement of 
     administrative facilities and associated land; and
       (2) the acquisition of land and interests in land for 
     addition to the National Forest System in the Northern Region 
     of the Forest Service in the State of Idaho.
       (c) Limitations.--Funds deposited under subsection (a) 
     shall not be paid or distributed to States or counties under 
     any provision of law, or otherwise considered moneys received 
     from units of the National Forest System 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 (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) Management of Lands Acquired by the United States.--
     Subject to valid existing rights, the Secretary shall manage 
     any land acquired under this Act, 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.
       (e) Applicable Law.--Except as otherwise provided in this 
     section, the conveyance of property under this section shall 
     be subject to the laws applicable to conveyances of National 
     Forest System land. Part 1955 of title 7, Code of Federal 
     Regulations, shall not apply to any action carried out under 
     this section.

                          ____________________