108th CONGRESS
1st Session
H. R. 3514
To authorize the Secretary of Agriculture to convey certain lands
and improvements associated with the National Forest System in the State of
Pennsylvania, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 18, 2003
Mr. PETERSON of Pennsylvania introduced the following bill; which was referred
to the Committee on Agriculture
A BILL
To authorize the Secretary of Agriculture to convey certain lands
and improvements associated with the National Forest System in the State of
Pennsylvania, 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; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Pennsylvania National Forest
Improvement Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Disposal of administrative sites, Allegheny National Forest, Pennsylvania.
Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren County,
Pennsylvania.
Sec. 4. Conveyance of Marienville Ranger Residence, Forest County, Pennsylvania.
Sec. 5. Disposition of funds.
Sec. 6. Administration of land acquired by United States.
Sec. 7. Relation to other conveyances authorities.
SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST, PENNSYLVANIA.
(a) DISPOSAL AUTHORITY- The Secretary of Agriculture may convey, by sale or
exchange, any and all right, title, and interest of the United States in and
to the following National Forest System lands and administrative sites:
(1) US Tract 121, Sheffield ranger residence, 0.41 acres, as depicted on
the plat titled `Allegheny Unit, Allen M. Gibson Tract 121, March 1942'.
(2) US Tract 904, 8.812 acres and US Tract 905, 0.869 acres, Ridgway Ranger
District Headquarters, as depicted on the plats titled `Allegheny Unit,
Harry R. & Eliza E. Larson Tract 904, 1959' and `Allegheny Unit, Leo
S. & Laura A. Guth Tract 905, July 1948'.
(3) US Tract 896, an undeveloped administrative site, 2.42 acres, as depicted
on the plat titled `Allegheny Unit, Howard L. Harp Tract 896, 1947'.
(4) US Tract 1047 (formerly Tracts 551, 551a,b,c), original Marienville
Ranger District Headquarters, 4.90 acres, as depicted on the plat titled
`Marienville Ranger Station Compound Tract 1047, August 1998'.
(5) US Tract 844, Marienville ranger residence, as depicted on the plat
titled `Allegheny Unit, Peter B. DeSmet Tract 844, 1936', except that portion
of the tract shown as Lot 2, on the Survey Plat prepared by D. M. Heller
and dated December 12, 1999.
(b) PROPERTY DESCRIPTIONS- The maps referenced in subsection (a) are the primary
descriptions of the lands to which the maps refer. In the event of a conflict
between the map description and the metes and bounds description of the lands,
the map shall be deemed to be the definitive description of the lands unless
the map cannot be located. The maps shall be on file and available for public
inspection in the Office of the Chief of the Forest Service until the lands
are disposed of pursuant to this section.
(1) AUTHORIZED CONSIDERATION- As consideration for a conveyance of land
under subsection (a), the recipient of the land, with the consent of the
Secretary, may convey to the Secretary other land, existing improvements,
or improvements constructed to the specifications of the Secretary.
(2) 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 any land and administrative site exchanged under subsection (a).
(d) APPLICABLE LAW- Except as otherwise provided in this section, any conveyance
of land under subsection (a) shall be subject to the laws and regulations
applicable to the conveyance and acquisition of land for the National Forest
System.
(e) SOLICITATION OF OFFERS-
(1) CONVEYANCE PRIORITY- In the selection of the recipient of land under
this section, the Secretary may give a preference to public entities that
agree to use the land for public purposes.
(2) TERMS AND CONDITIONS- The Secretary may solicit offers for the conveyance
of land under this section on such terms and conditions as the Secretary
may prescribe.
(3) 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.
(f) REVOCATIONS- Notwithstanding any other provision of law, on conveyance
of land by the Secretary under this section, any public order withdrawing
the land from any form of appropriation under the public land laws is revoked.
(g) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional
terms and conditions in connection with any conveyance under subsection (a)
as the Secretary considers appropriate to protect the interests of the United
States.
SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN COUNTY,
PENNSYLVANIA.
(a) CONVEYANCE AUTHORIZED- The Secretary of Agriculture may convey to the
Warren County Development Association of Warren County, Pennsylvania, all
right, title, and interest of the United States in and to US Tract 770, Sheffield
Ranger District Headquarters, consisting of 5.50 acres, as depicted on the
plat titled `Allegheny Unit, Elk Tanning Company Tract 770, 1934'.
(b) CONSIDERATION- As consideration for the conveyance under subsection (a),
the Warren County Development Association shall make to the Secretary a lump
sum payment of $100,000.
(c) PROPERTY DESCRIPTION- The map referenced in subsection (a) is the primary
description of the lands to which the map refers. In the event of a conflict
between the map description and the metes and bounds description of the lands,
the map shall be deemed to be the definitive description of the lands unless
the map cannot be located. The map shall be on file and available for public
inspection in the Office of the Chief of the Forest Service until the lands
are disposed of pursuant to this section.
(d) REVOCATIONS- Notwithstanding any other provision of law, on conveyance
of land by the Secretary under this section, any public order withdrawing
the land from any form of appropriation under the public land laws is revoked.
SEC. 4. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY, PENNSYLVANIA.
(a) CONVEYANCE AUTHORIZED- The Secretary of Agriculture may convey, without
consideration, to the Marienville Volunteer Fire Department of Forest County,
Pennsylvania, all right, title, and interest of the United States in and to
that portion of US Tract 844, Marienville ranger residence, as depicted as
Lot 2, on the Survey Plat prepared by D. M. Heller and dated December 12,
1999.
(b) PROPERTY DESCRIPTION- The map referenced in subsection (a) is the primary
description of the lands to which the map refers. In the event of a conflict
between the map description and the metes and bounds description of the lands,
the map shall be deemed to be the definitive description of the lands unless
the map cannot be located. The map shall be on file and available for public
inspection in the Office of the Chief of the Forest Service until the lands
are disposed of pursuant to this section.
(c) REVOCATIONS- Notwithstanding any other provision of law, on conveyance
of land by the Secretary under this section, any public order withdrawing
the land from any form of appropriation under the public land laws is revoked.
SEC. 5. DISPOSITION OF FUNDS.
(a) DEPOSIT IN SISK ACT FUND- The Secretary of Agriculture shall deposit in
the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known
as the Sisk Act)--
(1) the proceeds of a sale or exchange under section 2; and
(2) the consideration received pursuant to section 3(b).
(b) USE OF PROCEEDS- Subject to subsection (c), funds deposited under subsection
(a) shall be available to the Secretary, without further appropriation, for--
(1) the acquisition, construction, or improvement of administrative facilities
and sites for the Allegheny National Forest; or
(2) the acquisition of land and interests in land in the Allegheny National
Forest.
(c) CONDITION ON LAND ACQUISITION- The acquisition of lands in the Allegheny
National Forest using funds deposited under subsection (a) is subject to the
condition that the market value of the acquired lands may not exceed 125 percent
of the market value of the lands disposed of under this Act.
SEC. 6. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES.
Lands acquired by the Secretary of Agriculture under section 5(b) or by exchange
under section 2 shall be managed by the Secretary 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 and regulations pertaining to National Forest System lands.
For the purposes of section 7 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-9), the boundaries of the Allegheny National
Forest, as adjusted on account of the disposal and acquisition of lands under
this Act, shall be considered to be the boundaries of that national forest
as of January 1, 1965.
SEC. 7. RELATION TO OTHER CONVEYANCES AUTHORITIES.
Except as expressly provided in this Act, nothing in this Act affects any
other authority of the Secretary of Agriculture to sell, exchange, or acquire
land. Lands authorized for disposal under this Act shall not be subject to
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.).
END