108th CONGRESS
1st Session
S. 434
To authorize the Secretary of Agriculture to sell or exchange all or
part of certain parcels of National Forest System land in the State of Idaho
and use the proceeds derived from the sale or exchange for National Forest System
purposes.
IN THE SENATE OF THE UNITED STATES
February 25, 2003
Mr. CRAIG (for himself and Mr. CRAPO) introduced the following bill; which
was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of Agriculture to sell or exchange all or
part of certain parcels of National Forest System land in the State of Idaho
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Idaho Panhandle National Forest Improvement Act
of 2003'.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term `Secretary' means the Secretary of Agriculture.
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) Granite/Reeder Bay, Priest Lake Parcel, T. 61 N., R. 4 E., B.M., sec.
17, S 1/2 NE 1/4 (80 acres, more or less).
(2) North South Ski area, T. 43 N., R. 3 W., B.M., sec. 13, 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 (50 acres more or less).
(3) Shoshone work camp (including easements for utilities), T. 50 N., R. 4
E., B.M., sec. 5, a portion of the S 1/2 SE 1/4 .
(b) DESCRIPTIONS- The Secretary may modify the descriptions in subsection (a)
to correct errors or to reconfigure the properties in order to facilitate a
conveyance.
(c) CONSIDERATION- Consideration for a sale or exchange of land under subsection
(a)--
(1) shall be equal to the market value of the land; and
(2) may include cash, improved or unimproved land, or land with improvements
constitutes in accordance with specifications of the Secretary.
(d) 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 applicable to the conveyance and acquisition of land for the National Forest
System.
(e) VALUATION- The market value of the land and the improvements to be
sold, exchanged, or constructed under this Act shall be determined by an appraisal
that is acceptable to the Secretary and conforms to the `Uniform Appraisal Standards
for Federal Land Acquisitions'.
(f) 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).
(g) SOLICITATIONS OF OFFERS- The Secretary may solicit offers for the sale or
exchange of land 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.
(h) METHODS OF SALE- The Secretary may sell land under subsection (a) at public
or private sale, including at auction, in accordance with such terms, conditions,
and procedures as the Secretary determines to be in the best interests of the
United States.
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 appropriation--
(1) 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; or,
(2) to the extent that the amount of funds deposited exceeds the amount needed
for the purpose described in paragraph (1), for the acquisition, construction,
or rehabilitation of other facilities in the Panhandle National Forest.
(c) LIMITATIONS- Proceeds from the sale or exchange of land under this Act shall
not be paid or distributed to states or counties under any provision of law,
or otherwise considered to be moneys from units of the National Forest System
for the purposes of--
(1) the Act of May 23, 1908 (16 U.S.C. 500);
(2) the Act of March 1, 1911 (16 U.S.C. 500, commonly known as the `Weeks
Law'); or
(3) the Act of March 4, 1913 (16 U.S.C. 501).
(d) DEPARTMENTAL REGULATIONS- The Agriculture Property Management Regulations
shall not apply to any disposition of National Forest System land under this
Act or any other action taken under this Act.
(e) MANAGEMENT OF LANDS ACQUIRED BY THE UNITED STATES- Land transferred to or
otherwise acquired by the Secretary under this Act shall be managed in accordance
with the Act of March 1, 1911 (16 U.S.C. 480 et seq., commonly known as the
`Weeks Law') and other laws relating to the National Forest System.
(f) Withdrawal and Revocations-
(1) PUBLIC LAND ORDERS- As of the date of this Act, any public land order
withdrawing land described in section 3(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) WITHDRAWAL- Subject to valid existing rights, all land described in section
3(a) is withdrawn from location, entry, and patent under the mining laws of
the United States.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out this Act.
END