PUBLIC LAW 106–526—NOV. 22, 2000

BEND PINE NURSERY LAND CONVEYANCE

ACT

114 STAT. 2512 PUBLIC LAW 106–526—NOV. 22, 2000

Public Law 106–526

106th Congress

An Act

To authorize the Secretary of Agriculture to sell or exchange all or part of certain

administrative sites and other National Forest System land in the State of Oregon

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 ‘‘Bend Pine Nursery Land Conveyance Act’’.

SEC. 2. DEFINITIONS.

In this Act:

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(2) STATE.—The term ‘‘State’’ means the State of Oregon.

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) Tract A, Bend Pine Nursery, comprising approximately

210 acres, as depicted on site plan map entitled ‘‘Bend Pine

Nursery Administrative Site, May 13, 1999’’.

(2) Tract B, the Federal Government owned structures

located at Shelter Cove Resort, Deschutes National Forest,

buildings only, as depicted on site plan map entitled ‘‘Shelter

Cove Resort, November 3, 1997’’.

(3) Tract C, portions of isolated parcels of National Forest

Land located in Township 20 south, Range 10 East section

25 and Township 20 South, Range 11 East sections 8, 9, 16,

17, 20, and 21 consisting of approximately 1,260 acres, as

depicted on map entitled ‘‘Deschutes National Forest Isolated

Parcels, January 1, 2000’’.

(4) Tract D, Alsea Administrative Site, consisting of

approximately 24 acres, as depicted on site plan map entitled

‘‘Alsea Administrative Site, May 14, 1999’’.

(5) Tract F, Springdale Administrative Site, consisting of

approximately 3.6 acres, as depicted on site plan map entitled

‘‘Site Development Plan, Columbia Gorge Ranger Station, April

22, 1964’’.

Bend Pine

Nursery Land

Conveyance Act.

Nov. 22, 2000

[S. 1936]

PUBLIC LAW 106–526—NOV. 22, 2000 114 STAT. 2513

(6) Tract G, Dale Administrative Site, consisting of approximately 37 acres, as depicted on site plan map entitled ‘‘Dale

Compound, February 1999’’. (7) Tract H, Crescent Butte Site, consisting of approximately .8 acres, as depicted on site plan map entitled ‘‘Crescent

Butte Communication Site, January 1, 2000’’.

(b) CONSIDERATION.—Consideration for a sale or exchange of

land under subsection (a) may include the acquisition of land,

existing improvements, or improvements constructed to the specifications of the Secretary.

(c) 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 (including regulations)

applicable to the conveyance and acquisition of land for the National

Forest System.

(d) 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).

(e) SOLICITATIONS OF OFFERS.—

(1) IN GENERAL.—Subject to paragraph (3), the Secretary

may solicit offers for 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.

(3) RIGHT OF FIRST REFUSAL.—The Bend Metro Park and

Recreation District in Deschutes County, Oregon, shall be given

the right of first refusal to purchase the Bend Pine Nursery

described in subsection (a)(1).

(f) REVOCATIONS.—

(1) IN GENERAL.—Any public land order withdrawing land

described in subsection (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) EFFECTIVE DATE.—The effective date of any revocation

under paragraph (1) shall be the date of the patent or deed

conveying the land.

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 Act of appropriation, for—

(1) the acquisition, construction, or improvement of

administrative and visitor facilities and associated land in

connection with the Deschutes National Forest;

(2) the construction of a bunkhouse facility in the Umatilla

National Forest; and

(3) to the extent the funds are not necessary to carry

out paragraphs (1) and (2), the acquisition of land and interests

in land in the State.

(c) ADMINISTRATION.—Subject to valid existing rights, the Secretary shall manage any land acquired by purchase or exchange

114 STAT. 2514 PUBLIC LAW 106–526—NOV. 22, 2000

LEGISLATIVE HISTORY—S. 1936:

HOUSE REPORTS: No. 106–938 (Comm. on Resources).

SENATE REPORTS: No. 106–256 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 27, considered and passed Senate.

Oct. 17, considered and passed House, amended.

Oct. 27, Senate concurred in House amendment.

Æ

under this Act in accordance with the Act of March 1, 1911 (16

U.S.C. 480 et seq.) (commonly known as the ‘‘Weeks Act’’) and

other laws (including regulations) pertaining to the National Forest

System.

SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.

The Secretary may acquire, construct, or improve administrative facilities and associated land in connection with the Deschutes

National Forest System by using— (1) funds made available under section 4(b); and

(2) to the extent the funds are insufficient to carry out

the acquisition, construction, or improvement, funds subsequently made available for the acquisition, construction, or

improvement.

SEC. 6. AUTHORIZATION OF APPROPRIATION.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

Approved November 22, 2000.