II

Calendar No. 486

106TH CONGRESS

2D SESSION S. 1936

[Report No. 106–256]

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.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16, 1999

Mr. WYDEN (for himself and Mr. SMITH of Oregon) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

APRIL 6, 2000

Reported by Mr. MURKOWSKI, with an amendment

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

A BILL

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,
2

S 1936 RS

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

14 United States in and to the following National Forest Sys15 tem land and improvements:

16 (1) Bend Pine Nursery, comprising approxi17 mately 210 acres, as depicted on site plan map enti18 tled ‘‘Bend Pine Nursery Administrative Site’’,

19 dated May 13, 1999.

20 (2) The Federal Government-owned facilities at

21 Shelter Cove Resort, as depicted on site plan map

22 entitled ‘‘Shelter Cove Resort’’, dated November 3,

23 1997.

24 (3) Isolated parcels of National Forest System

25 land located in sec. 25, T. 20 S., R. 10 E., and secs.

26 16, 17, 20, and 21, T. 20 S., R. 11 E., Willamette
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1 Meridian, as depicted on the map entitled ‘‘Isolated

2 Parcels, Deschutes National Forest’’, dated 1988.

3 (4) Alsea Administrative Site, consisting of ap4 proximately 24 acres, as depicted on site plan map

5 entitled ‘‘Alsea Administrative Site’’, dated May 14,

6 1999.

7 (5) Mapleton Administrative Site, consisting of

8 approximately 8 acres, as depicted on site plan map

9 entitled ‘‘Mapleton Administrative Site’’, dated May

10 14, 1999.

11 (6) Springdale Administrative Site, consisting

12 of approximately 3.6 acres, as depicted on site plan

13 map entitled ‘‘Site Development Plan, Columbia

14 Gorge Ranger Station’’, dated April 22, 1964.

15 (7) Dale Administrative Site, consisting of ap16 proximately 40 acres, as depicted on site plan map

17 entitled ‘‘Dale Administrative Site’’, dated July 7,

18 1999.

19 (b) CONSIDERATION.—Consideration for a sale or ex20 change of land under subsection (a) may include the ac21 quisition of land, existing improvements, or improvements

22 constructed to the specifications of the Secretary.

23 (c) APPLICABLE LAW.—Except as otherwise provided

24 in this Act, any sale or exchange of National Forest Sys25 tem land under subsection (a) shall be subject to the laws
4

S 1936 RS

1 (including regulations) applicable to the conveyance and

2 acquisition of land for the National Forest System.

3 (d) CASH EQUALIZATION.—Notwithstanding any

4 other provision of law, the Secretary may accept a cash

5 equalization payment in excess of 25 percent of the value

6 of land exchanged under subsection (a).

7 (e) SOLICITATIONS OF OFFERS.—

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

9 the Secretary may solicit offers for sale or exchange

10 of land under this section on such terms and condi11 tions as the Secretary may prescribe.

12 (2) REJECTION OF OFFERS.—The Secretary

13 may reject any offer made under this section if the

14 Secretary determines that the offer is not adequate

15 or not in the public interest.

16 (3) RIGHT OF FIRST REFUSAL.—The Bend

17 Metro Parks and Recreation District or other units

18 of local government in Deschutes County, Oregon,

19 shall be given the right of first refusal to purchase

20 the Bend Pine Nursery described in subsection

21 (a)(1).

22 (f) REVOCATIONS.—

23 (1) IN GENERAL.—Any public land order with24 drawing land described in subsection (a) from all

25 forms of appropriation under the public land laws is
5

S 1936 RS

1 revoked with respect to any portion of the land con2 veyed by the Secretary under this section.

3 (2) EFFECTIVE DATE.—The effective date of

4 any revocation under paragraph (1) shall be the date

5 of the patent or deed conveying the land.

6 SEC. 4. DISPOSITION OF FUNDS.

7 (a) DEPOSIT OF PROCEEDS.—The Secretary shall de8 posit the proceeds of a sale or exchange under section 3(a)

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

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

11 (b) USE OF PROCEEDS.—Funds deposited under sub12 section (a) shall be available to the Secretary, without fur13 ther Act of appropriation, for—

14 (1) the acquisition, construction, or improve15 ment of administrative facilities and associated land

16 in connection with the Deschutes National Forest;

17 and

18 (2) to the extent the funds are not necessary to

19 carry out paragraph (1), the acquisition of land and

20 interests in land in the State.

21 (c) ADMINISTRATION.—Subject to valid existing

22 rights, the Secretary shall manage any land acquired by

23 purchase or exchange under this Act in accordance with

24 the Act of March 1, 1911 (16 U.S.C. 480 et seq.) (com-
6

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1 monly known as the ‘‘Weeks Act’’) and other laws (includ2 ing regulations) pertaining to the National Forest System.

3 SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILI4 TIES.

5 The Secretary may acquire, construct, or improve ad6 ministrative facilities and associated land in connection

7 with the Deschutes National Forest System by using—

8 (1) funds made available under section 4(b);

9 and

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

11 carry out the acquisition, construction, or improve12 ment, funds subsequently made available for the ac13 quisition, construction, or improvement.

14 SEC. 6. AUTHORIZATION OF APPROPRIATION.

15 There are authorized to be appropriated such sums

16 as are necessary to carry out this Act.

17 SECTION 1. SHORT TITLE.

18 This Act may be cited as the ‘‘Bend Pine Nursery

19 Land Conveyance Act’’.

20 SEC. 2. DEFINITIONS.

21 In this Act:

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

23 the Secretary of Agriculture.

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

25 of Oregon.
7

S 1936 RS

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

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

3 terms and conditions as the Secretary may prescribe, sell

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

5 States in and to the following National Forest System land

6 and improvements:

7 (1) Tract A, Bend Pine Nursery, comprising ap8 proximately 210 acres, as depicted on site plan map

9 entitled ‘‘Bend Pine Nursery Administrative Site,

10 May 13, 1999’’.

11 (2) Tract B, the Federal Government owned

12 structures located at Shelter Cove Resort, Deschutes

13 National Forest, buildings only, as depicted on site

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

15 1997’’.

16 (3) Tract C, portions of isolated parcels of Na17 tional Forest Land located in Township 20 south,

18 Range 10 East section 25 and Township 20 South,

19 Range 11 East sections 8, 9, 16, 17, 20, and 21 con20 sisting of approximately 1,260 acres, as depicted on

21 map entitled ‘‘Deschutes National Forest Isolated

22 Parcels, January 1, 2000’’.

23 (4) Tract D, Alsea Administrative Site, con24 sisting of approximately 24 acres, as depicted on site

25 plan map entitled ‘‘Alsea Administrative Site, May

26 14, 1999’’.
8

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1 (5) Tract E, Mapleton Administrative Site, con2 sisting of approximately 8 acres, as depicted on site

3 plan map entitled ‘‘Mapleton Administrative Site,

4 May 14, 1999’’.

5 (6) Tract F, Springdale Administrative Site,

6 consisting of approximately 3.6 acres, as depicted on

7 site plan map entitled ‘‘Site Development Plan, Co8 lumbia Gorge Ranger Station, April 22, 1964’’.

9 (7) Tract G, Dale Administrative Site, con10 sisting of approximately 37 acres, as depicted on site

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

12 (8) Tract H, Crescent Butte Site, consisting of

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

14 entitled ‘‘Crescent Butte Communication Site, Janu15 ary 1, 2000’’.

16 (b) CONSIDERATION.—Consideration for a sale or ex17 change of land under subsection (a) may include the acqui18 sition of land, existing improvements, or improvements con19 structed to the specifications of the Secretary.

20 (c) APPLICABLE LAW.—Except as otherwise provided

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

22 land under subsection (a) shall be subject to the laws (in23 cluding regulations) applicable to the conveyance and ac24 quisition of land for the National Forest System.
9

S 1936 RS

1 (d) CASH EQUALIZATION.—Notwithstanding any other

2 provision of law, the Secretary may accept a cash equali3 zation payment in excess of 25 percent of the value of land

4 exchanged under subsection (a).

5 (e) SOLICITATIONS OF OFFERS.—

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

7 Secretary may solicit offers for sale or exchange of

8 land under this section on such terms and conditions

9 as the Secretary may prescribe.

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

11 reject any offer made under this section if the Sec12 retary determines that the offer is not adequate or not

13 in the public interest.

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

15 Park and Recreation District in Deschutes County,

16 Oregon, shall be given the right of first refusal to pur17 chase the Bend Pine Nursery described in subsection

18 (a)(1).

19 (f) REVOCATIONS.—

20 (1) IN GENERAL.—Any public land order with21 drawing land described in subsection (a) from all

22 forms of appropriation under the public land laws is

23 revoked with respect to any portion of the land con24 veyed by the Secretary under this section.
10

S 1936 RS

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

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

3 the patent or deed conveying the land.

4 SEC. 4. DISPOSITION OF FUNDS.

5 (a) DEPOSIT OF PROCEEDS.—The Secretary shall de6 posit the proceeds of a sale or exchange under section 3(a)

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

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

9 (b) USE OF PROCEEDS.—Funds deposited under sub10 section (a) shall be available to the Secretary, without fur11 ther Act of appropriation, for—

12 (1) the acquisition, construction, or improvement

13 of administrative and visitor facilities and associated

14 land in connection with the Deschutes National For15 est;

16 (2) the construction of a bunkhouse facility in

17 the Umatilla National Forest; and

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

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

20 land and interests in land in the State.

21 (c) ADMINISTRATION.—Subject to valid existing rights,

22 the Secretary shall manage any land acquired by purchase

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

24 March 1, 1911 (16 U.S.C. 480 et seq.) (commonly known
11

S 1936 RS

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

2 pertaining to the National Forest System.

3 SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILI4 TIES.

5 The Secretary may acquire, construct, or improve ad6 ministrative facilities and associated land in connection

7 with the Deschutes National Forest System by using—

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

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

10 carry out the acquisition, construction, or improve11 ment, funds subsequently made available for the ac12 quisition, construction, or improvement.

13 SEC. 6. AUTHORIZATION OF APPROPRIATION.

14 There are authorized to be appropriated such sums as

15 are necessary to carry out this Act.
Calendar No. 486

106TH CONGRESS

2D SESSION S. 1936

[Report No. 106–256]

A BILL

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.

APRIL 6, 2000

Reported with an amendment