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Calendar No. 486
106th CONGRESS
2d Session
S. 1936
[Report No. 106-256]
To authorize the Secretary of Agriculture to sell or exchange all or
part of certain administrative sites and other National Forest System
land in the State of Oregon and use the proceeds derived from the sale
or exchange for National Forest System purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 1999
Mr. Wyden (for himself and Mr. Smith of Oregon) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
April 6, 2000
Reported by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize the Secretary of Agriculture to sell or exchange all or
part of certain administrative sites and other National Forest System
land in the State of Oregon and use the proceeds derived from the sale
or exchange for National Forest System 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 ``Bend Pine Nursery Land
Conveyance Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.</DELETED>
<DELETED> (2) State.--The term ``State'' means the State of
Oregon.</DELETED>
<DELETED>SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.</DELETED>
<DELETED> (a) In General.--The Secretary may, under such terms and
conditions as the Secretary may prescribe, sell or exchange any or all
right, title, and interest of the United States in and to the following
National Forest System land and improvements:</DELETED>
<DELETED> (1) Bend Pine Nursery, comprising approximately
210 acres, as depicted on site plan map entitled ``Bend Pine
Nursery Administrative Site'', dated May 13, 1999.</DELETED>
<DELETED> (2) The Federal Government-owned facilities at
Shelter Cove Resort, as depicted on site plan map entitled
``Shelter Cove Resort'', dated November 3, 1997.</DELETED>
<DELETED> (3) Isolated parcels of National Forest System
land located in sec. 25, T. 20 S., R. 10 E., and secs. 16, 17,
20, and 21, T. 20 S., R. 11 E., Willamette Meridian, as
depicted on the map entitled ``Isolated Parcels, Deschutes
National Forest'', dated 1988.</DELETED>
<DELETED> (4) Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site'', dated May 14, 1999.</DELETED>
<DELETED> (5) Mapleton Administrative Site, consisting of
approximately 8 acres, as depicted on site plan map entitled
``Mapleton Administrative Site'', dated May 14, 1999.</DELETED>
<DELETED> (6) Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map entitled
``Site Development Plan, Columbia Gorge Ranger Station'', dated
April 22, 1964.</DELETED>
<DELETED> (7) Dale Administrative Site, consisting of
approximately 40 acres, as depicted on site plan map entitled
``Dale Administrative Site'', dated July 7, 1999.</DELETED>
<DELETED> (b) Consideration.--Consideration for a sale or exchange
of land under subsection (a) may include the acquisition of land,
existing improvements, or improvements constructed to the
specifications of the Secretary.</DELETED>
<DELETED> (c) Applicable Law.--Except as otherwise provided in this
Act, any sale or exchange of National Forest System land under
subsection (a) shall be subject to the laws (including regulations)
applicable to the conveyance and acquisition of land for the National
Forest System.</DELETED>
<DELETED> (d) 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 land exchanged under subsection
(a).</DELETED>
<DELETED> (e) Solicitations of Offers.--</DELETED>
<DELETED> (1) In general.--Subject to paragraph (3), the
Secretary may solicit offers for sale or exchange of land under
this section on such terms and conditions as the Secretary may
prescribe.</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED> (3) Right of first refusal.--The Bend Metro Parks
and Recreation District or other units of local government in
Deschutes County, Oregon, shall be given the right of first
refusal to purchase the Bend Pine Nursery described in
subsection (a)(1).</DELETED>
<DELETED> (f) Revocations.--</DELETED>
<DELETED> (1) In general.--Any public land order withdrawing
land described in subsection (a) from all forms of
appropriation under the public land laws is revoked with
respect to any portion of the land conveyed by the Secretary
under this section.</DELETED>
<DELETED> (2) Effective date.--The effective date of any
revocation under paragraph (1) shall be the date of the patent
or deed conveying the land.</DELETED>
<DELETED>SEC. 4. DISPOSITION OF FUNDS.</DELETED>
<DELETED> (a) Deposit of Proceeds.--The Secretary shall deposit the
proceeds of a sale or exchange under section 3(a) in the fund
established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as
the ``Sisk Act'').</DELETED>
<DELETED> (b) Use of Proceeds.--Funds deposited under subsection (a)
shall be available to the Secretary, without further Act of
appropriation, for--</DELETED>
<DELETED> (1) the acquisition, construction, or improvement
of administrative facilities and associated land in connection
with the Deschutes National Forest; and</DELETED>
<DELETED> (2) to the extent the funds are not necessary to
carry out paragraph (1), the acquisition of land and interests
in land in the State.</DELETED>
<DELETED> (c) Administration.--Subject to valid existing rights, the
Secretary shall manage any land acquired by purchase or exchange under
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et
seq.) (commonly known as the ``Weeks Act'') and other laws (including
regulations) pertaining to the National Forest System.</DELETED>
<DELETED>SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE
FACILITIES.</DELETED>
<DELETED> The Secretary may acquire, construct, or improve
administrative facilities and associated land in connection with the
Deschutes National Forest System by using--</DELETED>
<DELETED> (1) funds made available under section 4(b);
and</DELETED>
<DELETED> (2) to the extent the funds are insufficient to
carry out the acquisition, construction, or improvement, funds
subsequently made available for the acquisition, construction,
or improvement.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATION.</DELETED>
<DELETED> There are authorized to be appropriated such sums as are
necessary to carry out this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bend Pine Nursery Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following
National Forest System land and improvements:
(1) Tract A, Bend Pine Nursery, comprising approximately
210 acres, as depicted on site plan map entitled ``Bend Pine
Nursery Administrative Site, May 13, 1999''.
(2) Tract B, the Federal Government owned structures
located at Shelter Cove Resort, Deschutes National Forest,
buildings only, as depicted on site plan map entitled ``Shelter
Cove Resort, November 3, 1997''.
(3) Tract C, portions of isolated parcels of National
Forest Land located in Township 20 south, Range 10 East section
25 and Township 20 South, Range 11 East sections 8, 9, 16, 17,
20, and 21 consisting of approximately 1,260 acres, as depicted
on map entitled ``Deschutes National Forest Isolated Parcels,
January 1, 2000''.
(4) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) Tract E, Mapleton Administrative Site, consisting of
approximately 8 acres, as depicted on site plan map entitled
``Mapleton Administrative Site, May 14, 1999''.
(6) Tract F, Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map entitled
``Site Development Plan, Columbia Gorge Ranger Station, April
22, 1964''.
(7) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(8) Tract H, Crescent Butte Site, consisting of
approximately .8 acres, as depicted on site plan map entitled
``Crescent Butte Communication Site, January 1, 2000''.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(d) 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 land exchanged under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--Subject to paragraph (3), the Secretary
may solicit offers for sale or exchange of land under this
section on such terms and conditions as the Secretary may
prescribe.
(2) 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.
(3) Right of first refusal.--The Bend Metro Park and
Recreation District in Deschutes County, Oregon, shall be given
the right of first refusal to purchase the Bend Pine Nursery
described in subsection (a)(1).
(f) Revocations.--
(1) In general.--Any public land order withdrawing land
described in subsection (a) from all forms of appropriation
under the public land laws is revoked with respect to any
portion of the land conveyed by the Secretary under this
section.
(2) Effective date.--The effective date of any revocation
under paragraph (1) shall be the date of the patent or deed
conveying the land.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the
Umatilla National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), the acquisition of land and interests
in land in the State.
(c) Administration.--Subject to valid existing rights, the
Secretary shall manage any land acquired by purchase or exchange under
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et
seq.) (commonly known as the ``Weeks Act'') and other laws (including
regulations) pertaining to the National Forest System.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or improve administrative
facilities and associated land in connection with the Deschutes
National Forest System by using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out
the acquisition, construction, or improvement, funds
subsequently made available for the acquisition, construction,
or improvement.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Calendar No. 486
106th CONGRESS
2d Session
S. 1936
[Report No. 106-256]
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