[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[House]
[Pages H6259-H6260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 BENTON MacKAYE CHEROKEE NATIONAL FOREST LAND CONSOLIDATION ACT OF 2010

  Mr. CARDOZA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4658) to authorize the conveyance of a small parcel of 
National Forest System land in the Cherokee National Forest and to 
authorize the Secretary of Agriculture to use the proceeds from that 
conveyance to acquire a parcel of land for inclusion in that national 
forest, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4658

       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 ``Benton MacKaye Cherokee 
     National Forest Land Consolidation Act of 2010''.

     SEC. 2. LAND CONVEYANCES, CHEROKEE NATIONAL FOREST, 
                   TENNESSEE.

       (a) Conveyance Authorized.--The Secretary of Agriculture 
     (in this section referred to as the ``Secretary'') shall 
     convey and quitclaim to the Towee Falls Baptist Church all 
     right, title, and interest of the United States in and to a 
     parcel of National Forest System land in Cherokee National 
     Forest consisting of approximately 66.5 acres surrounding the 
     Towee Falls Baptist Church, as generally depicted on the map 
     titled ``Legislative Map H.R. 4658'' and dated June 1, 2010 
     (in this section referred to as the ``parcel'').
       (b) Consideration.--
       (1) Consideration required.--As consideration for the 
     conveyance of the parcel, the Towee Falls Baptist Church 
     shall pay to the Secretary an amount of cash equal to the 
     market value of the parcel based on an appraisal approved by 
     the Secretary.
       (2) Deposit of consideration.--The consideration received 
     under paragraph (1) shall be deposited into the account in 
     the Treasury established by Public Law 90-171 (commonly known 
     as the Sisk Act; 16 U.S.C. 484a).
       (3) Use of consideration.--
       (A) In general.--Monies deposited pursuant to paragraph (1) 
     shall be available to the Secretary, until expended and 
     without further appropriation, for the acquisition of lands 
     and interests in land in the Cherokee National Forest in 
     Tennessee.
       (B) Acquisition of doc rogers tract.--Congress finds that 
     it is in the public interest that the Secretary acquire from 
     the Monroe County Tennessee Board of Education all right, 
     title, and interest of the Board of Education in and to a 
     tract of land in Monroe County, Tennessee, consisting of 
     approximately 102 acres and known as the ``Doc Rogers 
     tract''. The Secretary may apply the monies deposited 
     pursuant to paragraph (1) to acquire the Doc Rogers tract if 
     the Secretary and the Monroe County Tennessee Board of 
     Education reach agreement on the terms of a Federal 
     acquisition.
       (c) Valuation.--The parcel will be appraised in accordance 
     with appraisal specifications prescribed by the Secretary, 
     and such specifications shall include that the parcel be 
     valued as a free standing lot unconnected with any larger 
     tract, and unencumbered with any Forest Service special use 
     authorization held by the Church.
       (d) Condition of Conveyance.--The conveyance of the parcel 
     shall be subject to the condition that the Towee Falls 
     Baptist Church accept the parcel in its condition at the time 
     of conveyance (commonly known as a conveyance ``as is'').
       (e) Survey and Costs.--The exact acreage and legal 
     description of the parcel shall be determined by a survey 
     satisfactory to the Secretary of Agriculture. The cost of the 
     survey and all other costs incurred by the Secretary to 
     convey the parcel shall be borne by the Towee Falls Baptist 
     Church.

[[Page H6260]]

       (f) Additional Terms.--The Secretary may require such 
     additional terms and conditions in connection with the 
     conveyance of the parcel as the Secretary considers 
     appropriate to protect the interests of the United States.

     SEC. 3. STATUTORY PAY-AS-YOU-GO LANGUAGE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Cardoza) and the gentlewoman from Ohio (Mrs. Schmidt) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. CARDOZA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 4658.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. CARDOZA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4658, the Benton-MacKaye Cherokee National Forest 
Land Consolidation Act, authorizes the conveyance of land in the 
Cherokee National Forest and authorizes the Secretary to use the 
proceeds of the sale of that land for purchase of other suitable land 
within the forest. This bill, sponsored by my colleague from Tennessee, 
Representative Duncan, has the support of the Forest Service.
  Specifically, this legislation would relieve the Forest Service of a 
66.5-acre parcel of land that has long been maintained by the Towee 
Falls Baptist Church. The church will purchase the land at a fair 
market value to make the needed expansion to the property's cemetery 
and church buildings. The proceeds of the sale will be used to purchase 
the Doc Rogers Tract within Cherokee National Forest. This tract is 
close to the Benton-MacKaye Hiking Trail, which feeds into the 
Appalachian Trail. The local community supports this sale, including 
the parcel into the forest boundary.
  I encourage all my colleagues to support the legislation.

                              {time}  2100

  Mrs. SCHMIDT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4658, a bill that 
authorizes two land exchanges in the Cherokee National Forest. This 
legislation authorizes the Forest Service to sell a 66-acre tract of 
land to the Towee Falls Baptist Church in order to enlarge their 
cemetery which is within the boundary of the national forest. The funds 
the Forest Service receives from this sale will be used to purchase a 
102-acre tract of land to add to the national forest. I think it's a 
good deal. The land exchanges would ensure better land management by 
the Forest Service and the Cherokee National Forest.
  This bill will not cost the taxpayers one penny. The church is 
responsible for all costs associated with the purchase of the land. The 
gentleman from Tennessee (Mr. Duncan) has worked with the Forest 
Service to ensure that this bill is drafted in a manner that is 
acceptable to all interested parties, including the community. I think 
this is a great idea. I hope my colleagues will join me in supporting 
this bill.
  Mr. DUNCAN. Mr. Speaker, I rise in support of my amended bill, H.R. 
4658, the Benton MacKaye Cherokee National Forest Land Consolidation 
Act.
  This bill is a simple bill that authorizes the Secretary of 
Agriculture to convey to the Towee Falls Baptist Church a 65-acre 
parcel of National Forest System land in the Cherokee National Forest, 
which surrounds the Church.
  The bill would also allow the Forest Service to acquire from the 
Monroe County Tennessee Board of Education an 102-acre parcel of land 
in Monroe County, Tennessee, known as the Doc Rogers tract. The result 
is a net increase of 37 acres for the Cherokee National Forest.
  This bill is very important to Monroe County, Tennessee, a rural 
county in my District that is struggling economically. This bill is a 
win-win for all parties involved.
  The Towee Falls Church sale would allow the Forest Service to dispose 
of a piece of property and end an inholding created by the granting of 
a permit to the church in question in 1946.
  The Church is a willing buyer of the additional property to expand 
its building and cemetery, the latter of which will soon be full.
  The sale of the Doc Rogers tract would allow the Monroe County School 
Board to dispose of a piece of property that the Forest Service would 
like to purchase because it is traversed by the Benton MacKaye Trail, a 
hiking trail that feeds into the Appalachian Trail.
  This bill is named in honor of Benton MacKaye, who was an American 
forester, planner and conservationist who lived from 1879 to 1975. He 
helped pioneer the idea of land preservation for recreation and 
conservation purposes.
  Mr. MacKaye is best known for developing the idea of the Appalachian 
Trail, the National Scenic Trail that runs 2,179 miles from Georgia to 
Maine and runs through my District in Tennessee.
  Mrs. SCHMIDT. I yield back the balance of my time.
  Mr. CARDOZA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Cardoza) that the House suspend the 
rules and pass the bill, H.R. 4658, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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