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108th CONGRESS
1st Session
H. R. 902
To authorize the Secretary of Agriculture to convey certain parcels of
National Forest System land in the State of Idaho, to use the proceeds
for the acquisition, construction, or rehabilitation of facilities in
the Panhandle National Forest in the State of Idaho, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2003
Mr. Otter introduced the following bill; which was referred to the
Committee on Resources
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A BILL
To authorize the Secretary of Agriculture to convey certain parcels of
National Forest System land in the State of Idaho, to use the proceeds
for the acquisition, construction, or rehabilitation of facilities in
the Panhandle National Forest in the State of Idaho, and for other
purposes.
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 ``Idaho Panhandle National Forest
Improvement Act of 2003''.
SEC. 2. CONVEYANCE ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LAND,
IDAHO.
(a) Conveyance Authorized.--
(1) Authority.--The Secretary of Agriculture may convey any
or all right, title, and interest of the United States in and
to the parcels of National Forest System land, including any
improvements thereon, described in paragraph (2).
(2) Parcels authorized for conveyance.--The following
parcels of National Forest System land are authorized to be
conveyed under this section:
(A) Granite/Reeder Bay, Priest Lake parcel,
consisting of approximately 80 acres, and described as
the S.\1/2\ NE.\1/4\ of section 17, township 61 north,
range 4 east, Boise meridian.
(B) North South Ski area, consisting of
approximately 50 acres, and described as the SE.\1/4\
SE.\1/4\ SW.\1/4\, S.\1/2\ SW.\1/4\ SE.\1/4\, NE.\1/4\
SW.\1/4\ SE.\1/4\, and SW.\1/4\ SE.\1/4\ SE.\1/4\ of
section 13, township 43 north, range 3 west, Boise
meridian.
(C) Shoshone work camp (including easements for
utilities), consisting of a portion of S.\1/2\ SE.\1/4\
of section 5, township 50 north, range 4 east, Boise
meridian.
(3) Modification of descriptions.--The Secretary may modify
the descriptions in paragraph (2) to correct errors in the
descriptions or to reconfigure the parcels to facilitate their
conveyance under this section.
(b) Consideration.--
(1) Market value required.--As consideration for the
conveyance of a parcel of National Forest System land under
this section, the recipient of the parcel shall pay to the
Secretary an amount equal to the market value of the parcel, as
determined under subsection (c). At the election of the
Secretary, the consideration may be in the form of cash or
other consideration, including the acquisition by the Secretary
of improved or unimproved property or property with
improvements constructed to the specifications of the
Secretary.
(2) Valuation.--The value of a parcel to be conveyed under
this section, and the value of any property or improvements to
be received in exchange for the parcel, shall be determined by
an appraisal that--
(A) is acceptable to the Secretary; and
(B) conforms with the Uniform Appraisal Standards
for Federal Land Acquisitions.
(3) Equalization of values.--Notwithstanding section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), the Secretary may accept a cash equalization
payment in excess of 25 percent of the value of a parcel
conveyed under this section.
(c) Conveyance Process.--
(1) Solicitations of offers.--The Secretary may solicit
offers for the conveyance of 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.
(2) Methods of conveyance.--The Secretary may convey
property under this section at public or private sale,
including at auction, or by exchange, in accordance with such
terms, conditions, and procedures as the Secretary determines
to be in the best interests of the United States.
(3) Applicable law.--Except as otherwise provided in this
section, the conveyance of National Forest System land under
this section shall be subject to the laws applicable to the
conveyance and acquisition of land for the National Forest
System. The Agriculture Property Management Regulations shall
not apply to the conveyance of National Forest System land
under this section or any other action taken under this
section.
(d) Deposit and Use of Proceeds.--
(1) Deposit.--The Secretary shall deposit the proceeds
derived from the conveyence of property under this section in
the fund established by Public Law 90-171 (commonly known as
the ``Sisk Act''; 16 U.S.C. 484a).
(2) Use.--Amounts deposited under this subsection shall be
available to the Secretary, without further appropriation and
until expended--
(A) for the acquisition of, construction of, or
rehabilitation of existing facilities for, a new ranger
station in the Silver Valley portion of the Panhandle
National Forest in the State of Idaho; and
(B) to the extent that the amount of funds
deposited exceeds the amount needed for the purpose
described in subparagraph (A), for the acquisition,
construction, or rehabilitation of other facilities in
the Panhandle National Forest.
(3) Limitations.--Funds deposited under this subsection
shall not--
(A) be paid or distributed to States or counties
under any provision of law; or
(B) be considered to be moneys received from units
of the National Forest System for purposes of--
(i) the sixth paragraph under the heading
``Forest Service'' in the Act of May 23, 1908
(16 U.S.C. 500);
(ii) section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law''; 16 U.S.C.
500); or
(iii) the fourteenth paragraph under the
heading ``Forest Service'' in the Act of March
4, 1913 (16 U.S.C. 501).
(4) New administrative facilities authorized.--The
Secretary may acquire, construct, or rehabilitate the ranger
station described in paragraph (2)(A), and acquire associated
land, using amounts deposited under this subsection and, to the
extent such amounts are insufficient for such purpose, other
funds appropriated or otherwise made available for such
purpose.
(e) Management of Acquired Law.--Subject to valid existing rights,
the Secretary shall manage any land acquired under this section 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 relating to the National
Forest System.
(f) Withdrawals and Revocations.--
(1) Public land orders.--Effective on the date of the
enactment of this Act, any public land order withdrawing the
property authorized for conveyance under this section from
appropriation under the public land laws is revoked with
respect to the property.
(2) Withdrawal.--Subject to valid existing rights, the
property authorized for conveyance under this section is
withdrawn from location, entry, and patent under the mining
laws of the United States.
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