I 

112TH CONGRESS 

1ST SESSION H. R. 1008 

To authorize the conveyance of a small parcel of National Forest System 

land in the Cherokee National Forest and to authorize the Secretary 

of Agriculture to use the proceeds from that conveyance to acquire 

a parcel of land for inclusion in that national forest, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2011 

Mr. DUNCAN of Tennessee introduced the following bill; which was referred 

to the Committee on Agriculture, and in addition to the Committee on 

the Budget, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the conveyance of a small parcel of National 

Forest System land in the Cherokee National Forest 

and to authorize the Secretary of Agriculture to use 

the proceeds from that conveyance to acquire a parcel 

of land for inclusion in that national forest, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Benton MacKaye 

3 Cherokee National Forest Land Consolidation Act’’. 

4 SEC. 2. LAND CONVEYANCES, CHEROKEE NATIONAL FOR5 EST, TENNESSEE. 

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

7 Agriculture (in this section referred to as the ‘‘Secretary’’) 

8 shall convey and quitclaim to the Towee Falls Baptist 

9 Church all right, title, and interest of the United States 

10 in and to a parcel of National Forest System land in Cher11 okee National Forest consisting of approximately 66.5 

12 acres surrounding the Towee Falls Baptist Church, as 

13 generally depicted on the map titled ‘‘Legislative Map 

14 H.R. 4658’’ and dated June 1, 2010 (in this section re15 ferred to as the ‘‘parcel’’). 

16 (b) CONSIDERATION.— 

17 (1) CONSIDERATION REQUIRED.—As consider18 ation for the conveyance of the parcel, the Towee 

19 Falls Baptist Church shall pay to the Secretary an 

20 amount of cash equal to the market value of the par21 cel based on an appraisal approved by the Secretary. 

22 (2) DEPOSIT OF CONSIDERATION.—The consid23 eration received under paragraph (1) shall be depos24 ited into the account in the Treasury established by 

25 Public Law 90–171 (commonly known as the Sisk 

26 Act; 16 U.S.C. 484a). 


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1 (3) USE OF CONSIDERATION.— 

2 (A) IN GENERAL.—Monies deposited pur3 suant to paragraph (1) shall be available to the 

4 Secretary, until expended and without further 

5 appropriation, for the acquisition of lands and 

6 interests in land in the Cherokee National For7 est in Tennessee. 

8 (B) ACQUISITION OF DOC ROGERS

9 TRACT.—Congress finds that it is in the public 

10 interest that the Secretary acquire from the 

11 Monroe County Tennessee Board of Education 

12 all right, title, and interest of the Board of 

13 Education in and to a tract of land in Monroe 

14 County, Tennessee, consisting of approximately 

15 102 acres and known as the ‘‘Doc Rogers 

16 tract’’. The Secretary may apply the monies de17 posited pursuant to paragraph (1) to acquire 

18 the Doc Rogers tract if the Secretary and the 

19 Monroe County Tennessee Board of Education 

20 reach agreement on the terms of a Federal ac21 quisition. 

22 (c) VALUATION.—The parcel will be appraised in ac23 cordance with appraisal specifications prescribed by the 

24 Secretary, and such specifications shall include that the 

25 parcel be valued as a free standing lot unconnected with 


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1 any larger tract, and unencumbered with any Forest Serv2 ice special use authorization held by the Church. 

3 (d) CONDITION OF CONVEYANCE.—The conveyance 

4 of the parcel shall be subject to the condition that the 

5 Towee Falls Baptist Church accept the parcel in its condi6 tion at the time of conveyance (commonly known as a con7 veyance ‘‘as is’’). 

8 (e) SURVEY AND COSTS.—The exact acreage and 

9 legal description of the parcel shall be determined by a 

10 survey satisfactory to the Secretary of Agriculture. The 

11 cost of the survey and all other costs incurred by the Sec12 retary to convey the parcel shall be borne by the Towee 

13 Falls Baptist Church. 

14 (f) ADDITIONAL TERMS.—The Secretary may require 

15 such additional terms and conditions in connection with 

16 the conveyance of the parcel as the Secretary considers 

17 appropriate to protect the interests of the United States. 

18 SEC. 3. STATUTORY PAY-AS-YOU-GO LANGUAGE. 

19 The budgetary effects of this Act, for the purpose of 

20 complying with the Statutory Pay-As-You-Go Act of 2010, 

21 shall be determined by reference to the latest statement 

22 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

23 Act, submitted for printing in the Congressional Record 

24 by the Chairman of the House Budget Committee, proVerDate Mar 15 2010 04:25 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

Æ 


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