In the Senate of the United States,

April 13, 2000.

Resolved, That the bill from the House of Representatives (H.R. 150) entitled ‘‘An Act to authorize the Secretary

of Agriculture to convey National Forest System lands for

use for educational purposes, and for other purposes.’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

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;
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1 (2) in many cases, such recreational, educational

2 and other public purposes are not within the mission

3 of the Forest Service, but would not be inconsistent

4 with land and resource management plans developed

5 for the adjacent national forest;

6 (3) such communities are often unable to acquire

7 land for such recreational, educational and other pub8 lic purposes due to extremely high market value of

9 private land resulting from the predominance of Fed10 eral land in the local area; and

11 (4) the national forests and adjacent commu12 nities would mutually benefit from a process similar

13 to that available to the Bureau of Land Management

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

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

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

17 SEC. 3. DEFINITIONS.

18 In this Act:

19 (1) HAZARDOUS SUBSTANCE.—The term ‘‘haz20 ardous substance’’ has the meaning given the term in

21 section 101 of the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act (42 U.S.C.

23 9601).

24 (2) PARCEL.—
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1 (A) IN GENERAL.—The term ‘‘parcel’’

2 means a parcel of land under the jurisdiction of

3 the Forest Service that has been withdrawn from

4 the public domain.

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

6 not include land set aside or held for the benefit

7 of Indians.

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

9 the Secretary of Agriculture, acting through the Chief

10 of the Forest Service.

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

12 PUBLIC PURPOSES.

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

14 application in writing, the Secretary may dispose of Na15 tional Forest System land to a State or a political subdivi16 sion of a State as provided in this section on the condition

17 that the parcel be used for recreational, educational and

18 other public purposes, as determined by the Secretary.

19 (b) CONDITIONS OF DISPOSAL, TRANSFER OF TITLE,

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

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

22 in use of a parcel is approved under this section, the Sec23 retary shall determine that—

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

25 proposed project that is described in detail in the ap-
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1 plication to the Secretary, and that would serve pub2 lic objectives (either locally or at large) that outweigh

3 the objectives and values which would be served by

4 maintaining such parcel in Federal ownership;

5 (2) the applicant is financially and otherwise

6 capable of implementing the proposed project; and

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

8 necessary for the proposed use.

9 (c) PUBLIC PARTICIPATION.—The Secretary shall pro10 vide an opportunity for public participation in a disposal

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

12 meeting, to provide for public comments.

13 (d) REVIEW OF APPLICATIONS.—

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

15 an application under this section to convey a parcel

16 for recreational, educational, or other public purposes

17 related to emergency services, 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) before the end of the 120-day period be23 ginning on that date—

24 (i) make a final determination whether

25 or not to convey land pursuant to the appli-
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1 cation, and notify the applicant of that de2 termination; or

3 (ii) submit written notice to the appli4 cant containing the reasons why a final de5 termination has not been made.

6 (2) OTHER APPLICATIONS.—When the Secretary

7 receives an application under this section to convey

8 a parcel for any public purposes other than those

9 under paragraph (1), the Secretary shall—

10 (A) before the end of the 14-day period be11 ginning on the date of the receipt of the applica12 tion, provide notice of that receipt to the appli13 cant; and

14 (B) take reasonable actions necessary to

15 make a final determination whether or not to

16 convey land pursuant to the application, and

17 notify the applicant of that determination, to the

18 extent practicable, before the end of the 180-day

19 period beginning on that date.

20 (e) PARCELS WITHDRAWN IN AID OF FUNCTIONS OF

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

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

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

24 State or political subdivision of a State (including a water
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1 district), the Secretary may dispose of the parcel under this

2 section only with the consent of the agency.

3 (f) CONVEYANCES AND LEASES.—

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

5 parcel to the State or a political subdivision of a

6 State in which the parcel is located if the proposed

7 use is not inconsistent with the land allocations with8 in applicable land and resource management plans

9 under the Forest and Rangeland Renewable Resources

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

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

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

13 which the parcel is located, at a reasonable annual

14 rental, for a period up to 25 years, and, at the discre15 tion of the Secretary, with a privilege of renewal for

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

17 with the land allocations within applicable land and

18 resource management plans under the Forest and

19 Rangeland Renewable Resources Planning Act of

20 1974 (16 U.S.C. 1600 et seq.)

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

22 a parcel for purposes under this section shall be made

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

24 the pricing structure established by the Secretary of
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1 the Interior under the Act of June 14, 1926 (43

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

3 (g) ACREAGE LIMITATIONS AND PROPERTY DESCRIP4 TIONS.—

5 (1) ACREAGE LIMITATIONS.—A conveyance

6 under this section may not exceed 100 acres, unless

7 the parcel contains facilities that have been deter8 mined by the Secretary to be suitable for disposal

9 under the authority of the General Services Adminis10 tration. This limitation shall not be construed to pre11 clude an entity from submitting subsequent applica12 tions under this section for additional land convey13 ances if the entity can demonstrate to the Secretary

14 a need for additional land.

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

16 the exact acreage and legal description the real prop17 erty conveyed under this subsection shall be deter18 mined by a survey satisfactory to the Secretary and

19 the applicant. The cost of the survey shall be borne by

20 the applicant.

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

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

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

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

25 the end the following:
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1 ‘‘(d) DESCRIPTION OF PROPERTY.—If necessary, the

2 exact acreage and legal description of the real property con3 veyed under this section shall be determined by a survey

4 satisfactory to the Secretary and the applicant. The cost

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

6 (h) RESERVATION OF MINERAL RIGHTS.—Each con7 veyance or lease under this section shall contain a reserva8 tion to the United States of all mineral deposits in the par9 cel conveyed or leased and of the right to mine and remove

10 the mineral deposits under applicable laws (including regu11 lations).

12 (i) USE OF THE LEASED LAND FOR UNAUTHORIZED

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

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

15 Secretary that—

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

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

18 or

19 (2) the parcel or any part of the parcel is being

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

21 was made.

22 (j) CONDITIONS OF CONVEYANCE; REVERSION FOR

23 NONCOMPLIANCE.—

24 (1) CONDITIONS OF CONVEYANCE.—

25 (A) TRANSFER OF TITLE.—
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1 (i) IN GENERAL.—Except as provided

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

3 the Secretary under this section may not be

4 transferred by the grantee or a successor of

5 the grantee.

6 (ii) EXCEPTION.—With the consent of

7 the Secretary in accordance with this sec8 tion, title to a parcel may be transferred to

9 the State or a political subdivision of the

10 State in which the parcel is located.

11 (B) USE.—

12 (i) IN GENERAL.—Except as provided

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

14 grantee may not change the use specified in

15 the conveyance of a parcel under this sec16 tion to another or additional use.

17 (ii) EXCEPTION.—Upon application

18 and appropriate public participation, the

19 Secretary may approve a change in use of

20 a parcel to anther recreational, educational

21 or other public use, in accordance with this

22 section.

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

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

25 grantee or a successor of the grantee, without the con-
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1 sent of the Secretary, attempts to transfer title to or

2 control over the parcel to another person or entity or

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

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

5 to the United States.

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

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

8 parcel is located, the Secretary may authorize a transfer

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

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

11 or any other law.

12 (l) SOLID WASTE DISPOSAL SITES.—

13 (1) CONVEYANCE FOR THE PURPOSES OF SOLID

14 WASTE DISPOSAL.—If the Secretary receives an appli15 cation for conveyance of a parcel under this section

16 for the purpose of solid waste disposal or for another

17 purpose that the Secretary finds may include the dis18 posal, placement, or release of any hazardous sub19 stance, the Secretary may convey the parcel subject

20 only to this subsection.

21 (2) INVESTIGATION.—

22 (A) IN GENERAL.—Before any conveyance

23 of a parcel under this subsection, the Secretary

24 shall investigate the parcel to determine whether

25 any hazardous substance is present on the parcel.
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1 (B) ELEMENTS OF AN INVESTIGATION.—An

2 investigation under subparagraph (A) shall

3 include—

4 (i) a review of any available records of

5 the use of the parcel; and

6 (ii) all appropriate analyses of the soil,

7 water and air associated with the parcel.

8 (C) PRESENCE OF A HAZARDOUS SUB9 STANCE.—A parcel shall not be conveyed under

10 this subsection if the investigation indicates that

11 any hazardous substance is present on the parcel.

12 (3) SUBMISSION TO OTHER STATE AND FEDERAL

13 AGENCIES.—No application for conveyance under this

14 subsection shall be acted on by the Secretary until the

15 applicant has furnished evidence, satisfactory to the

16 Secretary, that a copy of the application and infor17 mation concerning the proposed use of the parcel cov18 ered by the application has been provided to the En19 vironmental Protection Agency and to all other State

20 and Federal agencies with responsibility for enforce21 ment of Federal and State laws applicable to land

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

23 waste or any hazardous substance.
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1 (4) WARRANTY.—No application for conveyance

2 under this subsection shall be acted on by the Sec3 retary until the applicant gives a warranty that—

4 (A) use of the parcel covered by the applica5 tion will be consistent with all applicable Fed6 eral and State laws, including laws dealing with

7 the disposal, placement, or release of hazardous

8 substances; and

9 (B) the applicant will hold the United

10 States harmless from any liability that may

11 arise out of any violation of any such law.

12 (5) REQUIREMENTS.—A conveyance under this

13 subsection shall be made to the extent that the appli14 cant demonstrates to the Secretary that the parcel

15 covered by an application meets all applicable State

16 and local requirements and is appropriate in char17 acter and reasonable in acreage in order to meet an

18 existing or reasonably anticipated need for solid

19 waste disposal or for another proposed use that the

20 Secretary finds may include the disposal, placement,

21 or release of any hazardous substance.

22 (6) CONDITIONS.—

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

24 under this subsection shall be subject to the con25 ditions stated in this paragraph.
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1 (B) REVERTER.—

2 (i) IN GENERAL.—The instrument of

3 conveyance shall provide that the parcel

4 shall revert to the United States unless sub5 stantially all of the parcel has been used, on

6 or before the date that is 5 years after the

7 date of conveyance, for the purpose specified

8 in the application, or for other use or uses

9 authorized under subsection (b) with the

10 consent of the Secretary.

11 (ii) LIMITATION.—No portion of a par12 cel that has been used for solid waste dis13 posal or for any other purpose that the Sec14 retary finds may result in the disposal,

15 placement, or lease of a hazardous substance

16 shall revert to the United States.

17 (C) PAYMENT TO THE SECRETARY ON FUR18 THER CONVEYANCE.—If at any time after con19 veyance any portion of a parcel has not been

20 used for the purpose specified in the application,

21 and the entity to which the parcel was conveyed

22 by the Secretary transfers ownership of the un23 used portion to any other person or entity,

24 transferee shall be liable to pay the Secretary the

25 fair market value of the transferred portion as of
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1 the date of the transfer, including the value of

2 any improvements thereon.

3 (D) USE OF PAYMENTS.—Subject to the

4 availability of appropriations, all amounts re5 ceived by the Secretary under subparagraph (C)

6 shall be retained by the Secretary, shall be avail7 able to the Secretary for use for the management

8 of National Forest System land, and shall re9 main available until expended.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 150

AMENDMENT