I 

111TH CONGRESS 

2D SESSION H. R. 4658 

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 

FEBRUARY 23, 2010 

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

Committee on Agriculture 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Cherokee National Forest Land Consolidation Act’’. 


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1 SEC. 2. LAND CONVEYANCES, CHEROKEE NATIONAL FOR2 EST, TENNESSEE. 

3 (a) CONVEYANCE OF TOWEE FALLS BAPTIST

4 CHURCH PARCEL.— 

5 (1) CONVEYANCE AUTHORIZED.—The Secretary 

6 of Agriculture may convey to the Towee Falls Bap7 tist Church all right, title, and interest of the United 

8 States in and to a parcel of National Forest System 

9 land in Cherokee National Forest consisting of ap10 proximately 66.5 acres surrounding the Towee Falls 

11 Baptist Church, as generally depicted on the map ti12 tled ‘‘lllll’’ and dated llll, 2010. 

13 (2) CONSIDERATION.—As consideration for the 

14 conveyance of the parcel under paragraph (1), the 

15 Towee Falls Baptist Church shall pay to the Sec16 retary an amount equal to the fair market value of 

17 the parcel, as determined by an appraisal satisfac18 tory to the parties. 

19 (3) CONDITION OF CONVEYANCE.—The convey20 ance authorized under paragraph (1) shall be subject 

21 to the condition that the Towee Falls Baptist 

22 Church accept the land in its condition at the time 

23 of conveyance (commonly known as conveyance ‘‘as 

24 is’’). 

25 (b) ACQUISITION OF DOC ROGERS TRACT.— 


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1 (1) ACQUISITION AUTHORIZED.—The Secretary 

2 of Agriculture may acquire from the Monroe County 

3 Tennessee Board of Education all right, title, and 

4 interest of the Board of Education in and to a par5 cel of land in Monroe County, Tennessee, consisting 

6 of approximately 102 acres and known as the ‘‘Doc 

7 Rogers tract’’, as generally depicted on the map ti8 tled ‘‘lllll’’ and dated llll, 2010. 

9 (2) CONSIDERATION.—To cover the purchase 

10 price of the parcel acquired under paragraph (1), 

11 the Secretary may use the consideration received 

12 under subsection (a)(2). 

13 (3) MANAGEMENT OF ACQUIRED LAND.—The 

14 land acquired under paragraph (1) shall be managed 

15 as lands acquired under the Act of March 1, 1911 

16 (commonly known as the Weeks Act), and in accord17 ance with the other laws and regulations pertaining 

18 to the National Forest System. 

19 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

20 and legal description of the land to be conveyed under sub21 section (a) and acquired under subsection (b) shall be de22 termined by a survey satisfactory to the Secretary of Agri23 culture. The cost of the survey and all other costs incurred 

24 by the Secretary to convey the land shall be borne by the 

25 parties to the conveyance. 


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1 (d) ENVIRONMENTAL REVIEWS.—The conveyances 

2 authorized by this section shall not be considered a major 

3 Federal action for the purposes of section 102(2) of the 

4 National Environmental Policy Act of 1969 (42 U.S.C. 

5 4332(2)). 

6 (e) BOUNDARY ADJUSTMENTS.—The Secretary of 

7 Agriculture shall modify the boundaries of Cherokee Na8 tional Forest to reflect the conveyances carried out under 

9 this section. For purposes of section 7 of the Land and 

10 Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

11 9), the boundaries of Cherokee National Forest, as modi12 fied by this subsection, shall be considered to be bound13 aries of the National Forest as of January 1, 1965. 

14 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary of Agriculture may require such additional terms 

16 and conditions in connection with the conveyances under 

17 this section as the Secretary considers appropriate to pro18 tect the interests of the United States. 

Æ 


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