Home > 106th Congressional Bills > H.R. 1510 (ih) To promote environmental justice, public health, and pollution reduction efforts. [Introduced in House] ...H.R. 1510 (ih) To promote environmental justice, public health, and pollution reduction efforts. [Introduced in House] ...
Calendar No. 452
106th CONGRESS
2d Session
H. R. 150
[Report No. 106-236]
_______________________________________________________________________
AN ACT
To authorize the Secretary of Agriculture to convey National Forest
System lands for use for educational purposes, and for other purposes.
_______________________________________________________________________
March 9, 2000
Reported with an amendment
Calendar No. 452
106th CONGRESS
2d Session
H. R. 150
[Report No. 106-236]
To authorize the Secretary of Agriculture to convey National Forest
System lands for use for educational purposes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 1999
Received; read twice and referred to the Committee on Energy and
Natural Resources
March 9, 2000
Reported by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To authorize the Secretary of Agriculture to convey National Forest
System lands for use for educational purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION. 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Education Land Grant
Act''.</DELETED>
<DELETED>SEC. 2. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR
EDUCATIONAL PURPOSES.</DELETED>
<DELETED> (a) Authority To Convey.--Upon application, the Secretary
of Agriculture may convey National Forest System lands for use for
educational purposes if the Secretary determines that--</DELETED>
<DELETED> (1) the entity seeking the conveyance will use the
conveyed land for a public or publicly funded elementary or
secondary school, to provide grounds or facilities related to
such a school, or for both purposes;</DELETED>
<DELETED> (2) the conveyance will serve the public
interest;</DELETED>
<DELETED> (3) the land to be conveyed is not otherwise
needed for the purposes of the National Forest System;
and</DELETED>
<DELETED> (4) the total acreage to be conveyed does not
exceed the amount reasonably necessary for the proposed
use.</DELETED>
<DELETED> (b) Acreage Limitation.--A conveyance under this section
may not exceed 80 acres. However, this limitation shall not be
construed to preclude an entity from submitting a subsequent
application under this section for an additional land conveyance if the
entity can demonstrate to the Secretary a need for additional
land.</DELETED>
<DELETED> (c) Costs and Mineral Rights.--A conveyance under this
section shall be for a nominal cost. The conveyance may not include the
transfer of mineral rights.</DELETED>
<DELETED> (d) Review of Applications.--When the Secretary receives
an application under this section, the Secretary shall--</DELETED>
<DELETED> (1) before the end of the 14-day period beginning
on the date of the receipt of the application, provide notice
of that receipt to the applicant; and</DELETED>
<DELETED> (2) before the end of the 120-day period beginning
on that date--</DELETED>
<DELETED> (A) make a final determination whether or
not to convey land pursuant to the application, and
notify the applicant of that determination;
or</DELETED>
<DELETED> (B) submit written notice to the applicant
containing the reasons why a final determination has
not been made.</DELETED>
<DELETED> (e) Reversionary Interest.--If at any time after lands are
conveyed pursuant to this section, the entity to whom the lands were
conveyed attempts to transfer title to or control over the lands to
another or the lands are devoted to a use other than the use for which
the lands were conveyed, without the consent of the Secretary, title to
the lands shall revert to the United States.</DELETED>
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``National Forest
Education and Community Purpose Lands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) communities adjacent to and surrounded by National
Forest System land have limited opportunities to acquire land
for recreational, educational and other public purposes;
(2) in many cases, such recreational, educational and other
public purposes are not within the mission of the Forest
Service, but would not be inconsistent with land and resource
management plans developed for the adjacent national forest;
(3) such communities are often unable to acquire land for
such recreational, educational and other public purposes due to
extremely high market value of private land resulting from the
predominance of Federal land in the local area; and
(4) the national forests and adjacent communities would
mutually benefit from a process similar to that available to
the Bureau of Land Management under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601).
(2) Parcel.--
(A) In general.--The term ``parcel'' means a parcel
of land under the jurisdiction of the Forest Service
that has been withdrawn from the public domain.
(B) Exclusion.--The term ``parcel'' does not
include land set aside or held for the benefit of
Indians.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM LAND FOR PUBLIC PURPOSES.
(a) Authority.--Upon receipt and approval of an application in
writing, the Secretary may dispose of National Forest System land to a
State or a political subdivision of a State as provided in this section
on the condition that the parcel be used for recreational, educational
and other public purposes, as determined by the Secretary.
(b) Conditions of Disposal, Transfer of Title, or Change in Use.--
Before any parcel may be disposed of or any application for a transfer
of title to or a change in use of a parcel is approved under this
section, the Secretary shall determine that--
(1) the parcel is to be used for an established or proposed
project that is described in detail in the application to the
Secretary, and that would serve public objectives (either
locally or at large) that outweigh the objectives and values
which would be served by maintaining such parcel in Federal
ownership;
(2) the applicant is financially and otherwise capable of
implementing the proposed project; and
(3) the acreage is not more than is reasonably necessary
for the proposed use.
(c) Public Participation.--The Secretary shall provide an
opportunity for public participation in a disposal under this section,
including at least one public hearing or meeting, to provide for public
comments.
(d) Review of Applications.--
(a) In general.--When the Secretary receives an application
under this section to convey a parcel for recreational,
educational, or other public purposes related to emergency
services, the Secretary shall--
(A) before the end of the 14-day period beginning
on the date of the receipt of the application, provide
notice of that receipt to the applicant; and
(B) before the end of the 120-day period beginning
on that date--
(i) make a final determination whether or
not to convey land pursuant to the application,
and notify the applicant of that determination;
or
(ii) submit written notice to the applicant
containing the reasons why a final
determination has not been made.
(2) Other applications.--When the Secretary receives an
application under this section to convey a parcel for any
public purposes other than those under paragraph (1), the
Secretary shall--
(A) before the end of the 14-day period beginning
on the date of the receipt of the application, provide
notice of that receipt to the applicant; and
(B) take reasonable actions necessary to make a
final determination whether or not to convey land
pursuant to the application, and notify the applicant
of that determination, to the extent practicable,
before the end of the 180-day period beginning on that
date.
(e) Parcels Withdrawn in Aid of Functions of Federal and State
Agencies.--If a parcel has been withdrawn in aid of a function of a
Federal agency other than the Department of Agriculture or of an agency
of a State or political subdivision of a State (including a water
district), the Secretary may dispose of the parcel under this section
only with the consent of the agency.
(f) Conveyances and Leases.--
(1) Conveyances.--The Secretary may convey a parcel to the
State or a political subdivision of a State in which the parcel
is located if the proposed use is not inconsistent with the
land allocations within applicable land and resource management
plans under the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.)
(2) Leases.--The Secretary may lease a parcel to the State
or a political subdivision of a State in which the parcel is
located, at a reasonable annual rental, for a period up to 25
years, and, at the discretion of the Secretary, with a
privilege of renewal for a like period, if the proposed use is
not inconsistent with the land allocations within applicable
land and resource management plans under the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.)
(3) Consideration.--The conveyance or lease of a parcel for
purposes under this section shall be made at a price to be
fixed by the Secretary, consistent with the pricing structure
established by the Secretary of the Interior under the Act of
June 14, 1926 (43 U.S.C. 869 et seq.).
(g) Acreage Limitations and Property Descriptions.--
(1) Acreage limitations.--A conveyance under this section
may not exceed 100 acres, unless the parcel contains facilities
that have been determined by the Secretary to be suitable for
disposal under the authority of the General Services
Administration. This limitation shall not be construed to
preclude an entity from submitting subsequent applications
under this section for additional land conveyances if the
entity can demonstrate to the Secretary a need for
additional land.
(2) Description of property.--If necessary, the exact
acreage and legal description the real property conveyed under
this subsection shall be determined by a survey satisfactory to
the Secretary and the applicant. The cost of the survey shall
be borne by the applicant.
(3) Recreation and purposes act.--Section 1 of the Act of
June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''; 43 U.S.C. 869), as amended, is further amended
by adding at the end the following:
``(d) Description of Property.--If necessary, the exact acreage and
legal description of the real property conveyed under this section
shall be determined by a survey satisfactory to the Secretary and the
applicant. The cost of the survey shall be borne by the applicant.''.
(h) Reservation of Mineral Rights.--Each conveyance or lease under
this section shall contain a reservation to the United States of all
mineral deposits in the parcel conveyed or leased and of the right to
mine and remove the mineral deposits under applicable laws (including
regulations).
(i) Use of the Leased Land for Unauthorized Purposes.--Each lease
under this section shall contain a provision for termination of the
lease on a finding by the Secretary that--
(1) the parcel has not been used by the lessee as specified
in the lease of a period greater than 5 years; or
(2) the parcel or any part of the parcel is being devoted
to a use other than that for which the lease was made.
(j) Conditions of Conveyance; Reversion for Noncompliance.--
(1) Conditions of conveyance.--
(A) Transfer of title.--
(i) In general.--Except as provided in
clause (ii), title to a parcel conveyed by the
Secretary under this section may not be
transferred by the grantee or a successor of
the grantee.
(ii) Exception.--With the consent of the
Secretary in accordance with this section,
title to a parcel may be transferred to the
State or a political subdivision of the State
in which the parcel is located.
(B) Use.--
(i) In general.--Except as provided in
clause (ii), a grantee or a successor of the
grantee may not change the use specified in the
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