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Union Calendar No. 565

106TH CONGRESS

2D SESSION S. 1936

[Report No. 106–938]

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 6, 2000

Referred to the Committee on Resources

OCTOBER 5, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

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

[For text of Senate passed bill, see copy of bill as printed in the House of Representatives on

September 6, 2000]

AN ACT

To authorize the Secretary of Agriculture to sell or exchange

all or part of certain administrative sites and other National Forest System land in the State of Oregon and

use the proceeds derived from the sale or exchange for

National Forest System 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 ‘‘Bend Pine Nursery

3 Land Conveyance Act’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Agriculture.

8 (2) STATE.—The term ‘‘State’’ means the State

9 of Oregon.

10 SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.

11 (a) IN GENERAL.—The Secretary may, under such

12 terms and conditions as the Secretary may prescribe, sell

13 or exchange any or all right, title, and interest of the United

14 States in and to the following National Forest System land

15 and improvements:

16 (1) Tract A, Bend Pine Nursery, comprising ap17 proximately 210 acres, as depicted on site plan map

18 entitled ‘‘Bend Pine Nursery Administrative Site,

19 May 13, 1999’’.

20 (2) Tract B, the Federal Government owned

21 structures located at Shelter Cove Resort, Deschutes

22 National Forest, buildings only, as depicted on site

23 plan map entitled ‘‘Shelter Cove Resort, November 3,

24 1997’’.

25 (3) Tract C, portions of isolated parcels of Na26 tional Forest Land located in Township 20 south,
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1 Range 10 East section 25 and Township 20 South,

2 Range 11 East sections 8, 9, 16, 17, 20, and 21 con3 sisting of approximately 1,260 acres, as depicted on

4 map entitled ‘‘Deschutes National Forest Isolated

5 Parcels, January 1, 2000’’.

6 (4) Tract D, Alsea Administrative Site, con7 sisting of approximately 24 acres, as depicted on site

8 plan map entitled ‘‘Alsea Administrative Site, May

9 14, 1999’’.

10 (5) Tract F, Springdale Administrative Site,

11 consisting of approximately 3.6 acres, as depicted on

12 site plan map entitled ‘‘Site Development Plan, Co13 lumbia Gorge Ranger Station, April 22, 1964’’.

14 (6) Tract G, Dale Administrative Site, con15 sisting of approximately 37 acres, as depicted on site

16 plan map entitled ‘‘Dale Compound, February 1999’’.

17 (7) Tract H, Crescent Butte Site, consisting of

18 approximately .8 acres, as depicted on site plan map

19 entitled ‘‘Crescent Butte Communication Site, Janu20 ary 1, 2000’’.

21 (b) CONSIDERATION.—Consideration for a sale or ex22 change of land under subsection (a) may include the acqui23 sition of land, existing improvements, or improvements con24 structed to the specifications of the Secretary.
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1 (c) APPLICABLE LAW.—Except as otherwise provided

2 in this Act, any sale or exchange of National Forest System

3 land under subsection (a) shall be subject to the laws (in4 cluding regulations) applicable to the conveyance and ac5 quisition of land for the National Forest System.

6 (d) CASH EQUALIZATION.—Notwithstanding any other

7 provision of law, the Secretary may accept a cash equali8 zation payment in excess of 25 percent of the value of land

9 exchanged under subsection (a).

10 (e) SOLICITATIONS OF OFFERS.—

11 (1) IN GENERAL.—Subject to paragraph (3), the

12 Secretary may solicit offers for sale or exchange of

13 land under this section on such terms and conditions

14 as the Secretary may prescribe.

15 (2) REJECTION OF OFFERS.—The Secretary may

16 reject any offer made under this section if the Sec17 retary determines that the offer is not adequate or not

18 in the public interest.

19 (3) RIGHT OF FIRST REFUSAL.—The Bend Metro

20 Park and Recreation District in Deschutes County,

21 Oregon, shall be given the right of first refusal to pur22 chase the Bend Pine Nursery described in subsection

23 (a)(1).

24 (f) REVOCATIONS.—
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1 (1) IN GENERAL.—Any public land order with2 drawing land described in subsection (a) from all

3 forms of appropriation under the public land laws is

4 revoked with respect to any portion of the land con5 veyed by the Secretary under this section.

6 (2) EFFECTIVE DATE.—The effective date of any

7 revocation under paragraph (1) shall be the date of

8 the patent or deed conveying the land.

9 SEC. 4. DISPOSITION OF FUNDS.

10 (a) DEPOSIT OF PROCEEDS.—The Secretary shall de11 posit the proceeds of a sale or exchange under section 3(a)

12 in the fund established under Public Law 90–171 (16

13 U.S.C. 484a) (commonly known as the ‘‘Sisk Act’’).

14 (b) USE OF PROCEEDS.—Funds deposited under sub15 section (a) shall be available to the Secretary, without fur16 ther Act of appropriation, for—

17 (1) the acquisition, construction, or improvement

18 of administrative and visitor facilities and associated

19 land in connection with the Deschutes National For20 est;

21 (2) the construction of a bunkhouse facility in

22 the Umatilla National Forest; and

23 (3) to the extent the funds are not necessary to

24 carry out paragraphs (1) and (2), the acquisition of

25 land and interests in land in the State.
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1 (c) ADMINISTRATION.—Subject to valid existing rights,

2 the Secretary shall manage any land acquired by purchase

3 or exchange under this Act in accordance with the Act of

4 March 1, 1911 (16 U.S.C. 480 et seq.) (commonly known

5 as the ‘‘Weeks Act’’) and other laws (including regulations)

6 pertaining to the National Forest System.

7 SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILI8 TIES.

9 The Secretary may acquire, construct, or improve ad10 ministrative facilities and associated land in connection

11 with the Deschutes National Forest System by using—

12 (1) funds made available under section 4(b); and

13 (2) to the extent the funds are insufficient to

14 carry out the acquisition, construction, or improve15 ment, funds subsequently made available for the ac16 quisition, construction, or improvement.

17 SEC. 6. AUTHORIZATION OF APPROPRIATION.

18 There are authorized to be appropriated such sums as

19 are necessary to carry out this Act.

Passed the Senate July 27, 2000.

Attest: GARY SISCO,

Secretary.

Union Calendar No. 565

106TH CONGRESS

2D SESSION S. 1936

[Report No. 106–938]

AN ACT

To authorize the Secretary of Agriculture to sell or

exchange all or part of certain administrativesites and other National Forest System land inthe State of Oregon and use the proceeds derivedfrom the sale or exchange for National ForestSystem purposes.

OCTOBER 5, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed