```

[108th Congress Public Law 436]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ436.108]

[[Page 2619]]

         IDAHO PANHANDLE NATIONAL FOREST IMPROVEMENT ACT OF 2004

[[Page 118 STAT. 2620]]

Public Law 108-436
108th Congress

                                 An Act

 
  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. <<NOTE: Dec. 3, 2004 -  [S. 434]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Idaho Panhandle 
National Forest Improvement Act of 2004.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Idaho Panhandle National Forest 
Improvement Act of 2004''.

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, T61N, R4E, Boise 
        Principal Meridian, section 17, S\1/2\NE\1/4\ (80 acres, more or 
        less).
            (2) North South Ski area, T43N, R3W, Boise Principal 
        Meridian, section 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), 
        T50N, R4E, Boise Principal Meridian, section 5, a portion of the 
        S\1/2\SE\1/4\ (19 acres, more or less).

    (b) Descriptions.--The Secretary may modify the descriptions in 
subsection (a) to correct errors or to make minor adjustments to the 
parcels in order to facilitate the conveyance of the parcels.
    (c) Consideration.--Consideration for a sale or exchange of land 
under subsection (a)--
            (1) shall be equal to the fair market value of the land; and
            (2) may include cash or improved or unimproved land.

    (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 or exchanged under this Act shall be determined by an appraisal 
that is acceptable to the Secretary and conforms

[[Page 118 STAT. 2621]]

with the Uniform Appraisal Standards for Federal Land Acquisitions.
    (f) 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 land exchanged under subsection (a).
    (g) Solicitations of Offers.--
            (1) In general.--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.
            (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.

    (h) Methods of Sale.--The Secretary may sell land under subsection 
(a) at public or private sale (including at auction), in accordance with 
any terms, conditions, and procedures that 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 the cash equalization proceeds, if any, from an exchange 
under section 3(a) in the fund established under Public Law 90-171 
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
    (b) Use of Proceeds.--Amounts 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) Nondistribution of Proceeds.--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 treated as money 
received from a national forest, for purposes of--
            (1) the Act of May 23, 1908 (16 U.S.C. 500);
            (2) section 13 of the Act of March 1, 1911 (commonly known 
        as the ``Weeks Law'') (16 U.S.C. 500); or
            (3) the Act of March 4, 1913 (16 U.S.C. 501).

SEC. 5. ADMINISTRATION.

    (a) In General.--Land transferred to or otherwise acquired by the 
Secretary under this Act shall be managed in accordance with--
            (1) the Act of March 1, 1911 (commonly known as the ``Weeks 
        Law'') (16 U.S.C. 480 et seq.); and
            (2) other laws relating to the National Forest System.

    (b) Exemption From Property Management Regulations.--Part 1955 of 
title 7, Code of Federal Regulations (or any successor regulation), 
shall not apply to any actions taken under this Act.
    (c) Withdrawals and Revocations.--
            (1) Withdrawal.--Subject to valid existing rights, all land 
        described in section 3(a) is withdrawn from--

[[Page 118 STAT. 2622]]

                    (A) location, entry, and patent under the mining 
                laws; and
                    (B) the operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
            (2) Revocation of 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.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

    Approved December 3, 2004.

LEGISLATIVE HISTORY--S. 434:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-740 (Comm. on Resources).
SENATE REPORTS: No. 108-132 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Nov. 24, considered and passed 
                                        Senate.
                                                        Vol. 150 (2004):
                                    Nov. 17, considered and passed 
                                        House.

                                  <all>
```