To authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the State of Vermont.

October 8, 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

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.

END