IIB 

111TH CONGRESS 

2D SESSION H. R. 4658 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2010 

Received 

AUGUST 5, 2010 

Read twice and referred to the Committee on Agriculture, Nutrition, and 

Forestry 

AN ACT 

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. 


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HR 4658 RFS

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 of 

6 2010’’. 

7 SEC. 2. LAND CONVEYANCES, CHEROKEE NATIONAL FOR8 EST, TENNESSEE. 

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

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

11 shall convey and quitclaim to the Towee Falls Baptist 

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

13 in and to a parcel of National Forest System land in Cher14 okee National Forest consisting of approximately 66.5 

15 acres surrounding the Towee Falls Baptist Church, as 

16 generally depicted on the map titled ‘‘Legislative Map 

17 H.R. 4658’’ and dated June 1, 2010 (in this section re18 ferred to as the ‘‘parcel’’). 

19 (b) CONSIDERATION.— 

20 (1) CONSIDERATION REQUIRED.—As consider21 ation for the conveyance of the parcel, the Towee 

22 Falls Baptist Church shall pay to the Secretary an 

23 amount of cash equal to the market value of the par24 cel based on an appraisal approved by the Secretary. 


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HR 4658 RFS

1 (2) DEPOSIT OF CONSIDERATION.—The consid2 eration received under paragraph (1) shall be depos3 ited into the account in the Treasury established by 

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

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

6 (3) USE OF CONSIDERATION.— 

7 (A) IN GENERAL.—Monies deposited pur8 suant to paragraph (1) shall be available to the 

9 Secretary, until expended and without further 

10 appropriation, for the acquisition of lands and 

11 interests in land in the Cherokee National For12 est in Tennessee. 

13 (B) ACQUISITION OF DOC ROGERS

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

15 interest that the Secretary acquire from the 

16 Monroe County Tennessee Board of Education 

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

18 Education in and to a tract of land in Monroe 

19 County, Tennessee, consisting of approximately 

20 102 acres and known as the ‘‘Doc Rogers 

21 tract’’. The Secretary may apply the monies de22 posited pursuant to paragraph (1) to acquire 

23 the Doc Rogers tract if the Secretary and the 

24 Monroe County Tennessee Board of Education 


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HR 4658 RFS

1 reach agreement on the terms of a Federal ac2 quisition. 

3 (c) VALUATION.—The parcel will be appraised in ac4 cordance with appraisal specifications prescribed by the 

5 Secretary, and such specifications shall include that the 

6 parcel be valued as a free standing lot unconnected with 

7 any larger tract, and unencumbered with any Forest Serv8 ice special use authorization held by the Church. 

9 (d) CONDITION OF CONVEYANCE.—The conveyance 

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

11 Towee Falls Baptist Church accept the parcel in its condi12 tion at the time of conveyance (commonly known as a con13 veyance ‘‘as is’’). 

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

15 legal description of the parcel shall be determined by a 

16 survey satisfactory to the Secretary of Agriculture. The 

17 cost of the survey and all other costs incurred by the Sec18 retary to convey the parcel shall be borne by the Towee 

19 Falls Baptist Church. 

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

21 such additional terms and conditions in connection with 

22 the conveyance of the parcel as the Secretary considers 

23 appropriate to protect the interests of the United States. 


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

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

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

4 shall be determined by reference to the latest statement 

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

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the House Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

Passed the House of Representatives July 28, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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