I

106TH CONGRESS

2D SESSION H. R. 5618

To authorize the Secretary of Agriculture to convey National Forest System

lands for use for educational purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 1, 2000

Mr. HAYWORTH introduced the following bill; which was referred to the

Committee on Resources

A BILL

To authorize the Secretary of Agriculture to convey National

Forest System lands for use for educational purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Education Land Grant

5 Act of 2000’’.

6 SEC. 2. CONVEYANCE OF NATIONAL FOREST SYSTEM

7 LANDS FOR EDUCATIONAL PURPOSES.

8 (a) AUTHORITY TO CONVEY.—Upon written applica9 tion, the Secretary of Agriculture may convey National
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1 Forest System lands to a public school district for use for

2 educational purposes if the Secretary determines that—

3 (1) the public school district seeking the convey4 ance will use the conveyed land for a public or pub5 licly funded elementary or secondary school, to pro6 vide grounds or facilities related to such a school, or

7 for both purposes;

8 (2) the conveyance will serve the public interest;

9 (3) the land to be conveyed is not otherwise

10 needed for the purposes of the National Forest Sys11 tem;

12 (4) the total acreage to be conveyed does not

13 exceed the amount reasonably necessary for the pro14 posed use;

15 (5) the land is to be used for an established or

16 proposed project that is described in detail in the ap17 plication to the Secretary, and the conveyance would

18 serve public objectives (either locally or at large)

19 that outweigh the objectives and values which would

20 be served by maintaining such land in Federal own21 ership;

22 (6) the applicant is financially and otherwise

23 capable of implementing the proposed project;

24 (7) the land to be conveyed has been identified

25 for disposal in an applicable land and resource man-
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1 agement plan under the Forest and Rangeland Re2 newable Resources Planning Act of 1974 (16 U.S.C.

3 1600 et seq.); and

4 (8) an opportunity for public participation in a

5 disposal under this section has been provided, in6 cluding at least one public hearing or meeting, to

7 provide for public comments.

8 (b) ACREAGE LIMITATION.—A conveyance under this

9 section may not exceed 80 acres. However, this limitation

10 shall not be construed to preclude an entity from submit11 ting a subsequent application under this section for an ad12 ditional land conveyance if the entity can demonstrate to

13 the Secretary of Agriculture a need for additional land.

14 (c) COSTS AND MINERAL RIGHTS.—(1) A conveyance

15 under this section shall be for a nominal cost. The convey16 ance may not include the transfer of mineral or water

17 rights.

18 (2) If necessary, the exact acreage and legal descrip19 tion of the real property conveyed under this title shall

20 be determined by a survey satisfactory to the Secretary

21 of Agriculture and the applicant. The cost of the survey

22 shall be borne by the applicant.

23 (d) REVIEW OF APPLICATIONS.—When the Secretary

24 of Agriculture receives an application under this section,

25 the Secretary shall—
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1 (1) before the end of the 14-day period begin2 ning on the date of the receipt of the application,

3 provide notice of that receipt to the applicant; and

4 (2) before the end of the 120-day period begin5 ning on that date—

6 (A) make a final determination whether or

7 not to convey land pursuant to the application,

8 and notify the applicant of that determination;

9 or

10 (B) submit written notice to the applicant

11 containing the reasons why a final determina12 tion has not been made.

13 (e) REVERSIONARY INTEREST.—If, at any time after

14 lands are conveyed pursuant to this section, the entity to

15 whom the lands were conveyed attempts to transfer title

16 to or control over the lands to another or the lands are

17 devoted to a use other than the use for which the lands

18 were conveyed, title to the lands shall revert to the United

19 States.

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