PUBLIC LAW 108–436—DEC. 3, 2004

IDAHO PANHANDLE NATIONAL FOREST

IMPROVEMENT ACT OF 2004

118 STAT. 2620 PUBLIC LAW 108–436—DEC. 3, 2004

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.

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 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, S1⁄2NE1⁄4 (80 acres, more

or less).

(2) North South Ski area, T43N, R3W, Boise Principal

Meridian, section 13, SE1⁄4SE1⁄4SW1⁄4, S1⁄2SW1⁄4SE1⁄4,

NE1⁄4SW1⁄4SE1⁄4, and SW1⁄4SE1⁄4SE1⁄4 (50 acres more or less).

(3) Shoshone work camp (including easements for utilities),

T50N, R4E, Boise Principal Meridian, section 5, a portion of

the S1⁄2SE1⁄4 (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

Idaho Panhandle

National Forest

Improvement Act

of 2004.

Dec. 3, 2004

[S. 434]

PUBLIC LAW 108–436—DEC. 3, 2004 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—

118 STAT. 2622 PUBLIC LAW 108–436—DEC. 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.

Æ

(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.