[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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