Calendar No. 452

106TH CONGRESS

2D SESSION H. R. 150

[Report No. 106–236]

AN ACT

To authorize the Secretary of Agriculture to convey

National Forest System lands for use for educational purposes, and for other purposes.

MARCH 9, 2000

Reported with an amendment
II

Calendar No. 452

106TH CONGRESS

2D SESSION H. R. 150

[Report No. 106–236]

To authorize the Secretary of Agriculture to convey National Forest System

lands for use for educational purposes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 9, 1999

Received; read twice and referred to the Committee on Energy and Natural

Resources

MARCH 9, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To authorize the Secretary of Agriculture to convey National

Forest System lands for use for educational purposes,

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,

3 SECTION. 1. SHORT TITLE.

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

5 Act’’.
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1 SEC. 2. CONVEYANCE OF NATIONAL FOREST SYSTEM

2 LANDS FOR EDUCATIONAL PURPOSES.

3 (a) AUTHORITY TO CONVEY.—Upon application, the

4 Secretary of Agriculture may convey National Forest Sys5 tem lands for use for educational purposes if the Secretary

6 determines that—

7 (1) the entity seeking the conveyance will use

8 the conveyed land for a public or publicly funded ele9 mentary or secondary school, to provide grounds or

10 facilities related to such a school, or for both pur11 poses;

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

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

14 needed for the purposes of the National Forest Sys15 tem; and

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

17 exceed the amount reasonably necessary for the pro18 posed use.

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

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

21 shall not be construed to preclude an entity from submit22 ting a subsequent application under this section for an ad23 ditional land conveyance if the entity can demonstrate to

24 the Secretary a need for additional land.
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1 (c) COSTS AND MINERAL RIGHTS.—A conveyance

2 under this section shall be for a nominal cost. The convey3 ance may not include the transfer of mineral rights.

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

5 receives an application under this section, the Secretary

6 shall—

7 (1) before the end of the 14-day period begin8 ning on the date of the receipt of the application,

9 provide notice of that receipt to the applicant; and

10 (2) before the end of the 120-day period begin11 ning on that date—

12 (A) make a final determination whether or

13 not to convey land pursuant to the application,

14 and notify the applicant of that determination;

15 or

16 (B) submit written notice to the applicant

17 containing the reasons why a final determina18 tion has not been made.

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

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

21 whom the lands were conveyed attempts to transfer title

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

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

24 were conveyed, without the consent of the Secretary, title

25 to the lands shall revert to the United States.
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1 SECTION 1. SHORT TITLE.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na3 tional Forest Education and Community Purpose Lands

4 Act’’.

5 SEC. 2. FINDINGS.

6 Congress finds that—

7 (1) communities adjacent to and surrounded by

8 National Forest System land have limited opportuni9 ties to acquire land for recreational, educational and

10 other public purposes;

11 (2) in many cases, such recreational, educational

12 and other public purposes are not within the mission

13 of the Forest Service, but would not be inconsistent

14 with land and resource management plans developed

15 for the adjacent national forest;

16 (3) such communities are often unable to acquire

17 land for such recreational, educational and other pub18 lic purposes due to extremely high market value of

19 private land resulting from the predominance of Fed20 eral land in the local area; and

21 (4) the national forests and adjacent commu22 nities would mutually benefit from a process similar

23 to that available to the Bureau of Land Management

24 under the Act of June 14, 1926 (commonly known as

25 the ‘‘Recreation and Public Purposes Act’’) (43

26 U.S.C. 869 et seq.).
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) HAZARDOUS SUBSTANCE.—The term ‘‘haz4 ardous substance’’ has the meaning given the term in

5 section 101 of the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act (42 U.S.C.

7 9601).

8 (2) PARCEL.—

9 (A) IN GENERAL.—The term ‘‘parcel’’

10 means a parcel of land under the jurisdiction of

11 the Forest Service that has been withdrawn from

12 the public domain.

13 (B) EXCLUSION.—The term ‘‘parcel’’ does

14 not include land set aside or held for the benefit

15 of Indians.

16 (3) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Agriculture, acting through the Chief

18 of the Forest Service.

19 SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM LAND FOR

20 PUBLIC PURPOSES.

21 (a) AUTHORITY.—Upon receipt and approval of an

22 application in writing, the Secretary may dispose of Na23 tional Forest System land to a State or a political subdivi24 sion of a State as provided in this section on the condition

25 that the parcel be used for recreational, educational and

26 other public purposes, as determined by the Secretary.
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1 (b) CONDITIONS OF DISPOSAL, TRANSFER OF TITLE,

2 OR CHANGE IN USE.—Before any parcel may be disposed

3 of or any application for a transfer of title to or a change

4 in use of a parcel is approved under this section, the Sec5 retary shall determine that—

6 (1) the parcel is to be used for an established or

7 proposed project that is described in detail in the ap8 plication to the Secretary, and that would serve pub9 lic objectives (either locally or at large) that outweigh

10 the objectives and values which would be served by

11 maintaining such parcel in Federal ownership;

12 (2) the applicant is financially and otherwise

13 capable of implementing the proposed project; and

14 (3) the acreage is not more than is reasonably

15 necessary for the proposed use.

16 (c) PUBLIC PARTICIPATION.—The Secretary shall pro17 vide an opportunity for public participation in a disposal

18 under this section, including at least one public hearing or

19 meeting, to provide for public comments.

20 (d) REVIEW OF APPLICATIONS.—

21 (a) IN GENERAL.—When the Secretary receives

22 an application under this section to convey a parcel

23 for recreational, educational, or other public purposes

24 related to emergency services, the Secretary shall—
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1 (A) before the end of the 14-day period be2 ginning on the date of the receipt of the applica3 tion, provide notice of that receipt to the appli4 cant; and

5 (B) before the end of the 120-day period be6 ginning on that date—

7 (i) make a final determination whether

8 or not to convey land pursuant to the appli9 cation, and notify the applicant of that de10 termination; or

11 (ii) submit written notice to the appli12 cant containing the reasons why a final de13 termination has not been made.

14 (2) OTHER APPLICATIONS.—When the Secretary

15 receives an application under this section to convey

16 a parcel for any public purposes other than those

17 under paragraph (1), the Secretary shall—

18 (A) before the end of the 14-day period be19 ginning on the date of the receipt of the applica20 tion, provide notice of that receipt to the appli21 cant; and

22 (B) take reasonable actions necessary to

23 make a final determination whether or not to

24 convey land pursuant to the application, and

25 notify the applicant of that determination, to the
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1 extent practicable, before the end of the 180-day

2 period beginning on that date.

3 (e) PARCELS WITHDRAWN IN AID OF FUNCTIONS OF

4 FEDERAL AND STATE AGENCIES.—If a parcel has been

5 withdrawn in aid of a function of a Federal agency other

6 than the Department of Agriculture or of an agency of a

7 State or political subdivision of a State (including a water

8 district), the Secretary may dispose of the parcel under this

9 section only with the consent of the agency.

10 (f) CONVEYANCES AND LEASES.—

11 (1) CONVEYANCES.—The Secretary may convey a

12 parcel to the State or a political subdivision of a

13 State in which the parcel is located if the proposed

14 use is not inconsistent with the land allocations with15 in applicable land and resource management plans

16 under the Forest and Rangeland Renewable Resources

17 Planning Act of 1974 (16 U.S.C. 1600 et seq.)

18 (2) LEASES.—The Secretary may lease a parcel

19 to the State or a political subdivision of a State in

20 which the parcel is located, at a reasonable annual

21 rental, for a period up to 25 years, and, at the discre22 tion of the Secretary, with a privilege of renewal for

23 a like period, if the proposed use is not inconsistent

24 with the land allocations within applicable land and

25 resource management plans under the Forest and
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1 Rangeland Renewable Resources Planning Act of

2 1974 (16 U.S.C. 1600 et seq.)

3 (3) CONSIDERATION.—The conveyance or lease of

4 a parcel for purposes under this section shall be made

5 at a price to be fixed by the Secretary, consistent with

6 the pricing structure established by the Secretary of

7 the Interior under the Act of June 14, 1926 (43

8 U.S.C. 869 et seq.).

9 (g) ACREAGE LIMITATIONS AND PROPERTY DESCRIP10 TIONS.—

11 (1) ACREAGE LIMITATIONS.—A conveyance

12 under this section may not exceed 100 acres, unless

13 the parcel contains facilities that have been deter14 mined by the Secretary to be suitable for disposal

15 under the authority of the General Services Adminis16 tration. This limitation shall not be construed to pre17 clude an entity from submitting subsequent applica18 tions under this section for additional land convey19 ances if the entity can demonstrate to the Secretary

20 a need for additional land.

21 (2) DESCRIPTION OF PROPERTY.—If necessary,

22 the exact acreage and legal description the real prop23 erty conveyed under this subsection shall be deter24 mined by a survey satisfactory to the Secretary and
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1 the applicant. The cost of the survey shall be borne by

2 the applicant.

3 (3) RECREATION AND PURPOSES ACT.—Section 1

4 of the Act of June 14, 1926 (commonly known as the

5 ‘‘Recreation and Public Purposes Act’’; 43 U.S.C.

6 869), as amended, is further amended by adding at

7 the end the following:

8 ‘‘(d) DESCRIPTION OF PROPERTY.—If necessary, the

9 exact acreage and legal description of the real property con10 veyed under this section shall be determined by a survey

11 satisfactory to the Secretary and the applicant. The cost

12 of the survey shall be borne by the applicant.’’.

13 (h) RESERVATION OF MINERAL RIGHTS.—Each con14 veyance or lease under this section shall contain a reserva15 tion to the United States of all mineral deposits in the par16 cel conveyed or leased and of the right to mine and remove

17 the mineral deposits under applicable laws (including regu18 lations).

19 (i) USE OF THE LEASED LAND FOR UNAUTHORIZED

20 PURPOSES.—Each lease under this section shall contain a

21 provision for termination of the lease on a finding by the

22 Secretary that—

23 (1) the parcel has not been used by the lessee as

24 specified in the lease of a period greater than 5 years;

25 or
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1 (2) the parcel or any part of the parcel is being

2 devoted to a use other than that for which the lease

3 was made.

4 (j) CONDITIONS OF CONVEYANCE; REVERSION FOR

5 NONCOMPLIANCE.—

6 (1) CONDITIONS OF CONVEYANCE.—

7 (A) TRANSFER OF TITLE.—

8 (i) IN GENERAL.—Except as provided

9 in clause (ii), title to a parcel conveyed by

10 the Secretary under this section may not be

11 transferred by the grantee or a successor of

12 the grantee.

13 (ii) EXCEPTION.—With the consent of

14 the Secretary in accordance with this sec15 tion, title to a parcel may be transferred to

16 the State or a political subdivision of the

17 State in which the parcel is located.

18 (B) USE.—

19 (i) IN GENERAL.—Except as provided

20 in clause (ii), a grantee or a successor of the

21 grantee may not change the use specified in

22 the conveyance of a parcel under this sec23 tion to another or additional use.

24 (ii) EXCEPTION.—Upon application

25 and appropriate public participation, the
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1 Secretary may approve a change in use of

2 a parcel to anther recreational, educational

3 or other public use, in accordance with this

4 section.

5 (2) REVERSION FOR NONCOMPLIANCE.—If at any

6 time after a parcel is conveyed by the Secretary, the

7 grantee or a successor of the grantee, without the con8 sent of the Secretary, attempts to transfer title to or

9 control over the parcel to another person or entity or

10 to devote the parcel to a use other than that for which

11 the parcel was conveyed, title to the parcel shall revert

12 to the United States.

13 (k) PRIOR CONVEYANCES.—On application by the

14 State or a political subdivision of the State in which the

15 parcel is located, the Secretary may authorize a transfer

16 of title or a change in use in accordance with subsection

17 (j) with respect to any parcel conveyed under this section

18 or any other law.

19 (l) SOLID WASTE DISPOSAL SITES.—

20 (1) CONVEYANCE FOR THE PURPOSES OF SOLID

21 WASTE DISPOSAL.—If the Secretary receives an appli22 cation for conveyance of a parcel under this section

23 for the purpose of solid waste disposal or for another

24 purpose that the Secretary finds may include the dis25 posal, placement, or release of any hazardous sub-
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1 stance, the Secretary may convey the parcel subject

2 only to this subsection.

3 (2) INVESTIGATION.—

4 (A) IN GENERAL.—Before any conveyance

5 of a parcel under this subsection, the Secretary

6 shall investigate the parcel to determine whether

7 any hazardous substance is present on the parcel.

8 (B) ELEMENTS OF AN INVESTIGATION.—An

9 investigation under subparagraph (A) shall

10 include—

11 (i) a review of any available records of

12 the use of the parcel; and

13 (ii) all appropriate analyses of the soil,

14 water and air associated with the parcel.

15 (C) PRESENCE OF A HAZARDOUS SUB16 STANCE.—A parcel shall not be conveyed under

17 this subsection if the investigation indicates that

18 any hazardous substance is present on the parcel.

19 (3) SUBMISSION TO OTHER STATE AND FEDERAL

20 AGENCIES.—No application for conveyance under this

21 subsection shall be acted on by the Secretary until the

22 applicant has furnished evidence, satisfactory to the

23 Secretary, that a copy of the application and infor24 mation concerning the proposed use of the parcel cov25 ered by the application has been provided to the En-
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1 vironmental Protection Agency and to all other State

2 and Federal agencies with responsibility for enforce3 ment of Federal and State laws applicable to land

4 used for the disposal, placement, or release of solid

5 waste or any hazardous substance.

6 (4) WARRANTY.—No application for conveyance

7 under this subsection shall be acted on by the Sec8 retary until the applicant gives a warranty that—

9 (A) use of the parcel covered by the applica10 tion will be consistent with all applicable Fed11 eral and State laws, including laws dealing with

12 the disposal, placement, or release of hazardous

13 substances; and

14 (B) the applicant will hold the United

15 States harmless from any liability that may

16 arise out of any violation of any such law.

17 (5) REQUIREMENTS.—A conveyance under this

18 subsection shall be made to the extent that the appli19 cant demonstrates to the Secretary that the parcel

20 covered by an application meets all applicable State

21 and local requirements and is appropriate in char22 acter and reasonable in acreage in order to meet an

23 existing or reasonably anticipated need for solid

24 waste disposal or for another proposed use that the
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1 Secretary finds may include the disposal, placement,

2 or release of any hazardous substance.

3 (6) CONDITIONS.—

4 (A) IN GENERAL.—A conveyance of a parcel

5 under this subsection shall be subject to the con6 ditions stated in this paragraph.

7 (B) REVERTER.—

8 (i) IN GENERAL.—The instrument of

9 conveyance shall provide that the parcel

10 shall revert to the United States unless sub11 stantially all of the parcel has been used, on

12 or before the date that is 5 years after the

13 date of conveyance, for the purpose specified

14 in the application, or for other use or uses

15 authorized under subsection (b) with the

16 consent of the Secretary.

17 (ii) LIMITATION.—No portion of a par18 cel that has been used for solid waste dis19 posal or for any other purpose that the Sec20 retary finds may result in the disposal,

21 placement, or lease of a hazardous substance

22 shall revert to the United States.

23 (C) PAYMENT TO THE SECRETARY ON FUR24 THER CONVEYANCE.—If at any time after con25 veyance any portion of a parcel has not been
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1 used for the purpose specified in the application,

2 and the entity to which the parcel was conveyed

3 by the Secretary transfers ownership of the un4 used portion to any other person or entity,

5 transferee shall be liable to pay the Secretary the

6 fair market value of the transferred portion as of

7 the date of the transfer, including the value of

8 any improvements thereon.

9 (D) USE OF PAYMENTS.—Subject to the

10 availability of appropriations, all amounts re11 ceived by the Secretary under subparagraph (C)

12 shall be retained by the Secretary, shall be avail13 able to the Secretary for use for the management

14 of National Forest System land, and shall re15 main available until expended.

Passed the House of Representatives June 8, 1999.

Attest: JEFF TRANDAHL,

Clerk.