Home > 106th Congressional Bills > S. 2892 (is) To designate the Federal building located at 158-15 Liberty Avenue in Jamaica, Queens, New York, as the ``Floyd H. Flake Federal Building''. [Introduced in Senate] ...S. 2892 (is) To designate the Federal building located at 158-15 Liberty Avenue in Jamaica, Queens, New York, as the ``Floyd H. Flake Federal Building''. [Introduced in Senate] ...
108th CONGRESS
2d Session
S. 2891
To authorize the Secretary of Agriculture to sell or exchange certain
National Forest System land in the State of Vermont.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 2004
Mr. Leahy (for himself and Mr. Jeffords) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To authorize the Secretary of Agriculture to sell or exchange certain
National Forest System land in the State of Vermont.
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 ``Green Mountain National Forest Land
Adjustment Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bromley.--The term ``Bromley'' means Bromley Mountain
Ski Resort, Inc.
(2) Map.--The term ``map'' means the map entitled
``Proposed Bromley Land Sale or Exchange'' and dated April 7,
2004.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State.--The term ``State'' means the State of Vermont.
SEC. 3. SALE OR EXCHANGE OF GREEN MOUNTAIN NATIONAL FOREST LAND.
(a) In General.--The Secretary may, under any terms and conditions
that the Secretary may prescribe, sell or exchange any right, title,
and interest of the United States in and to the parcels of National
Forest System land described in subsection (b).
(b) Description of Land.--The parcels of National Forest System
land referred to in subsection (a) are the 5 parcels of land in
Bennington County in the State, as generally depicted on the map.
(c) Map and Legal Descriptions.--
(1) In general.--The map shall be on file and available for
public inspection in--
(A) the office of the Chief of the Forest Service;
and
(B) the office of the Supervisor of the Green
Mountain National Forest.
(2) Modifications.--The Secretary may modify the map and
legal descriptions to--
(A) correct technical errors; or
(B) facilitate the conveyance under subsection (a).
(d) Consideration.--Consideration for the sale or exchange of land
described in subsection (b)--
(1) shall be equal to an amount that is not less than the
fair market value of the land sold or exchanged; and
(2) may be in the form of cash, land, or a combination of
cash and land.
(e) Appraisals.--Any appraisal carried out to facilitate the sale
or exchange of land under subsection (a) shall conform with the Uniform
Appraisal Standards for Federal Land Acquisitions.
(f) Methods of Sale.--
(1) Conveyance to bromley.--
(A) In general.--Before soliciting offers under
paragraph (2), the Secretary shall offer to convey to
Bromley the land described in subsection (b).
(B) Contract deadline.--If Bromley accepts the
offer under subparagraph (A), the Secretary and Bromley
shall have not more than 180 days after the date on
which any environmental analyses with respect to the
land are completed to enter into a contract for the
sale or exchange of the land.
(2) Public or private sale.--If the Secretary and Bromley
do not enter into a contract for the sale or exchange of the
land by the date specified in paragraph (1)(B), the Secretary
may sell or exchange the land at public or private sale
(including auction), in accordance with such terms, conditions,
and procedures as the Secretary determines to be in the public
interest.
(3) Rejection of offers.--The Secretary may reject any
offer received under this subsection if the Secretary
determines that the offer is not adequate or is not in the
public interest.
(4) Brokers.--In any sale or exchange of land under this
section, the Secretary may--
(A) use a real estate broker or other third party;
and
(B) pay the real estate broker or third party a
commission in an amount comparable to the amounts of
commission generally paid for real estate transactions
in the area.
(g) Cash Equalization.--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 any Federal land exchanged under this Act.
SEC. 4. DISPOSITION OF PROCEEDS.
(a) In General.--The Secretary shall deposit the net proceeds from
a sale or exchange under this Act in the fund established under Public
Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act'').
(b) Use.--Amounts deposited under subsection (a) shall be available
to the Secretary until expended, without further appropriation, for--
(1) the location and relocation of the Appalachian National
Scenic Trail and the Long National Recreation Trail in the
State;
(2) the acquisition of land and interests in land by the
Secretary for National Forest System purposes within the
boundary of the Green Mountain National Forest, including land
for and adjacent to the Appalachian National Scenic Trail and
the Long National Recreation Trail;
(3) the acquisition of wetland or an interest in wetland
within the boundary of the Green Mountain National Forest to
offset the loss of wetland from the parcels sold or exchanged;
and
(4) the payment of direct administrative costs incurred in
carrying out this Act.
(c) Limitation.--Amounts deposited under subsection (a) shall not--
(1) be paid or distributed to the State or counties or
towns in the State under any provision of law; or
(2) be considered to be money received from units of the
National Forest System for purposes of--
(A) the Act of May 23, 1908 (16 U.S.C. 500); or
(B) the Act of March 4, 1913 (16 U.S.C. 501).
(d) Prohibition of Transfer or Reprogramming.--Amounts deposited
under subsection (a) shall not be subject to transfer or reprogramming
for wildfire management or any other emergency purposes.
SEC. 5. ACQUISITION OF LAND.
The Secretary may acquire, using funds made available under section
4 or otherwise made available for acquisition, land or an interest in
land for National Forest System purposes within the boundary of the
Green Mountain National Forest.
SEC. 6. EXEMPTION FROM CERTAIN LAWS.
The Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) shall not apply to any sale or exchange of National
Forest System lands under this Act.
<all>
Pages: 1 Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |