[Congressional Record Volume 150, Number 124 (Tuesday, October 5, 2004)]
[House]
[Pages H8113-H8115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PENNSYLVANIA NATIONAL FOREST IMPROVEMENT ACT OF 2004
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3514) to authorize the Secretary of Agriculture to convey
certain lands and improvements associated with the National Forest
System in the State of Pennsylvania, and for other purposes, as
amended.
The Clerk read as follows:
H.R. 3514
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Pennsylvania National Forest Improvement Act of 2004''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Disposal of administrative sites, Allegheny National Forest,
Pennsylvania.
Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren
County, Pennsylvania.
Sec. 4. Conveyance of Ridgeway Ranger District Headquarters, Elk
County, Pennsylvania.
Sec. 5. Conveyance of Marienville Ranger Residence, Forest County,
Pennsylvania.
Sec. 6. Disposition of funds.
Sec. 7. Administration of land acquired by United States.
Sec. 8. Relation to other conveyances authorities.
SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL
FOREST, PENNSYLVANIA.
(a) Disposal Authority.--The Secretary of Agriculture may
convey, by sale or exchange, any and all right, title, and
interest of the United States in and to the following
National Forest System lands and administrative sites in the
Allegheny National Forest, in Pennsylvania:
(1) US Tract 121, Sheffield ranger residence, consisting of
0.41 acres, as depicted on the map titled ``Allegheny Unit,
Allen M. Gibson Tract 121, March 1942''.
(2) US Tract 896, an undeveloped administrative site,
consisting of 2.42 acres, as depicted on the map titled
``Allegheny Unit, Howard L. Harp Tract 896, 1947''.
(3) US Tract 1047 (formerly Tracts 551, 551a,b,c), original
Marienville Ranger District Headquarters, consisting of 4.90
acres, as depicted on the map titled ``Marienville Ranger
Station Compound Tract 1047, August 1998''.
(4) US Tract 844, Marienville ranger residence, as depicted
on the map titled ``Allegheny Unit, Peter B. DeSmet Tract
844, 1936'', except that portion of the tract identified as
Lot 2, on the Survey Plat prepared by D. M. Heller and dated
December 12, 1999, which is subject to conveyance under
section 5.
(b) Property Descriptions.--The maps referred to in
subsection (a) are the primary descriptions of the lands to
which the maps refer. In the event of a conflict between a
map description and the metes and bounds description of the
lands, the map shall be deemed to be the definitive
description of the lands unless the map cannot be located.
The maps shall be on file and available for public inspection
in the Office of the Chief of the Forest Service until the
lands are disposed of pursuant to this section.
(c) Consideration.--
(1) Authorized consideration.--As consideration for a
conveyance of land under subsection (a), the recipient of the
land, with the consent of the Secretary, may convey to the
Secretary other land, existing improvements, or improvements
constructed to the specifications of the Secretary.
(2) 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 any land and
administrative site exchanged under subsection (a).
(d) Applicable Law.--Except as otherwise provided in this
section, any conveyance of land under subsection (a) shall be
subject to the laws and regulations applicable to the
conveyance and acquisition of land for the National Forest
System.
(e) Solicitation of Offers.--
(1) Conveyance priority.--In the selection of the recipient
of land under this section, the Secretary may give a
preference to public entities that agree to use the land for
public purposes.
(2) Terms and conditions.--The Secretary may solicit offers
for the conveyance of land under this section on such terms
and conditions as the Secretary may prescribe.
(3) 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.
(f) Revocations.--Notwithstanding any other provision of
law, on conveyance of land by the Secretary under this
section, any public order withdrawing the land from any form
of appropriation under the public land laws is revoked.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with any conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS,
WARREN COUNTY, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture
may convey to the Warren County Development Association of
Warren County, Pennsylvania, all right, title, and interest
of the United States in
[[Page H8114]]
and to US Tract 770, Sheffield Ranger District Headquarters,
consisting of 5.50 acres, as depicted on the map titled
``Allegheny Unit, Elk Tanning Company Tract 770, 1934''.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the Warren County Development
Association shall make to the Secretary a lump sum payment of
$100,000.
(c) Property Description.--The map referred to in
subsection (a) is the primary description of the lands to
which the map refers. In the event of a conflict between the
map description and the metes and bounds description of the
lands, the map shall be deemed to be the definitive
description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection
in the Office of the Chief of the Forest Service until the
lands are disposed of pursuant to this section.
(d) Revocations.--Notwithstanding any other provision of
law, on conveyance of land by the Secretary under this
section, any public order withdrawing the land from any form
of appropriation under the public land laws is revoked.
SEC. 4. CONVEYANCE OF RIDGEWAY RANGER DISTRICT HEADQUARTERS,
ELK COUNTY, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture
may convey to Ridgeway Township, Pennsylvania, all right,
title, and interest of the United States in and to US Tract
904, consisting of 8.812 acres, and US Tract 905, consisting
of 0.869 acres, Ridgway Ranger District Headquarters, as
depicted on the maps titled ``Allegheny Unit, Harry R. Eliza
E. Larson Tract 904, 1959'' and ``Allegheny Unit, Leo S.
Laura A. Guth Tract 905, July 1948''.
(b) Consideration.--As consideration for the conveyance
under subsection (a), Ridgeway Township shall pay to the
Secretary an amount equal to the fair market value of the
conveyed lands, as determined by an appraisal acceptable to
the Secretary and Ridgeway Township.
(c) Property Description.--The maps referred to in
subsection (a) is the primary description of the lands to
which the maps refer. In the event of a conflict between a
map description and the metes and bounds description of the
lands, the map shall be deemed to be the definitive
description of the lands unless the map cannot be located.
The maps shall be on file and available for public inspection
in the Office of the Chief of the Forest Service until the
lands are disposed of pursuant to this section.
(d) Revocations.--Notwithstanding any other provision of
law, on conveyance of land by the Secretary under this
section, any public order withdrawing the land from any form
of appropriation under the public land laws is revoked.
SEC. 5. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST
COUNTY, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture
may convey, without consideration, to the Marienville
Volunteer Fire Department of Forest County, Pennsylvania, all
right, title, and interest of the United States in and to
that portion of US Tract 844, Marienville ranger residence,
as depicted on the map titled ``Allegheny Unit, Peter B.
DeSmet Tract 844, 1936'', which is identified as Lot 2 on the
Survey Plat prepared by D. M. Heller and dated December 12,
1999.
(b) Property Description.--The map referred to in
subsection (a) is the primary description of the lands to
which the map refers. In the event of a conflict between the
map description and the metes and bounds description of the
lands, the map shall be deemed to be the definitive
description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection
in the Office of the Chief of the Forest Service until the
lands are disposed of pursuant to this section.
(c) Revocations.--Notwithstanding any other provision of
law, on conveyance of land by the Secretary under this
section, any public order withdrawing the land from any form
of appropriation under the public land laws is revoked.
SEC. 6. DISPOSITION OF FUNDS.
(a) Deposit in Sisk Act Fund.--The Secretary of Agriculture
shall deposit in the fund established under Public Law 90-171
(16 U.S.C. 484a; commonly known as the Sisk Act)--
(1) the proceeds of a sale or exchange under section 2; and
(2) the consideration received pursuant to sections 3(b)
and 4(b).
(b) Use of Proceeds.--Subject to subsection (c), funds
deposited under subsection (a) shall be available to the
Secretary, without further appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities and sites for the Allegheny
National Forest; or
(2) the acquisition of land and interests in land in the
Allegheny National Forest.
(c) Condition on Land Acquisition.--The acquisition of
lands in the Allegheny National Forest using funds deposited
under subsection (a) is subject to the condition that the
market value of the acquired lands may not exceed 125 percent
of the market value of the lands disposed of under this Act.
SEC. 7. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES.
Lands acquired by the Secretary of Agriculture under
section 6(b) or by exchange under section 2 shall be managed
by the Secretary in accordance with the Act of March 1, 1911
(commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) and
other laws and regulations pertaining to National Forest
System lands. For the purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Allegheny National Forest, as adjusted on
account of the disposal and acquisition of lands under this
Act, shall be considered to be the boundaries of that
national forest as of January 1, 1965.
SEC. 8. RELATION TO OTHER CONVEYANCES AUTHORITIES.
Except as expressly provided in this Act, nothing in this
Act affects any other authority of the Secretary of
Agriculture to sell, exchange, or acquire land. Lands
authorized for disposal under this Act shall not be subject
to subchapters II and III of chapter 5 of title 40, United
States Code.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Texas (Mr. Stenholm)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Goodlatte).
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3514, as amended, the Pennsylvania National Forest
Improvement Act of 2004, introduced by the gentleman from Pennsylvania
(Mr. Peterson), authorizes the Secretary of Agriculture to sell or
convey six parcels of land from the Allegheny National Forest to local
municipalities or private individuals. All of these parcels, totaling
just over 22 acres, have been identified by the Forest Service as
outlying parcels that are not connected to the National Forest. Three
of the parcels would be conveyed to local government agencies, allowing
them to consolidate operations to better serve their communities.
Proceeds from these sales will be used to improve administrative sites
and acquire inholdings from willing sellers. I urge my colleagues to
support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
I rise to express my support also for H.R. 3514, the Pennsylvania
National Forest Improvement Act of 2004. This legislation allows the
Secretary of Agriculture to sell or convey six parcels of land from the
Allegheny National Forest in Pennsylvania to local municipalities or
private individuals.
According to the U.S. Forest Service, the sale or conveyance of these
parcels is necessary because they are administrative sites which
actually exceed their worth in terms of management. The parcels in
question have been identified as outlying parcels by the Forest
Service. Three of the parcels would be conveyed to local government
agencies, allowing them to better serve their communities. Proceeds
from the sale of the parcels will be used to improve administrative
sites and to acquire inholdings from willing sellers. For all these
reasons, I urge my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, it is my pleasure to yield such time as
he may consume to the gentleman from Pennsylvania (Mr. Peterson), the
author of the legislation.
Mr. PETERSON of Pennsylvania. Mr. Speaker, I would like to thank both
the chairman and the ranking member for bringing this legislation up.
It is very simple. They have explained it well. The Allegheny National
Forest is a 600,000-acre forest in northwestern Pennsylvania. These
parcels were used for some of their management facilities that have now
been relocated on the forest in new facilities.
Some of these plots of land have nice buildings on them. They are
deteriorating. They need to be turned back over into the private
sector, into the local government sector. One piece will go to the
local fire department in Marionville, Pennsylvania, which will help
them expand their service for the community there. Another one will be
to the Ridgway Township whose facilities border this land. It will
assist them. In fact, the facility will enhance their ability to serve
their community. Another parcel will go to the county economic
development agency for further development of the economy in that
region. The other parcels will be put up for sale, and the cash will be
used to enhance the many facilities that are on the Allegheny National
Forest. The use of those facilities continues to grow, but there is a
lot of
[[Page H8115]]
maintenance, there are a lot of enhancements needed to serve the
growing public use of the forest. I just want to thank the committee
and all those for bringing this forward and ask my colleagues to pass
this legislation. It is good government.
Mr. STENHOLM. Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 3514, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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