106TH CONGRESS

2D SESSION S. 1936

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,

3 SECTION 1. SHORT TITLE.

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

5 Land Conveyance Act’’.
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S 1936 ES

1 SEC. 2. DEFINITIONS.

2 In this Act:

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

4 the Secretary of Agriculture.

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

6 of Oregon.

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

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

9 terms and conditions as the Secretary may prescribe, sell

10 or exchange any or all right, title, and interest of the

11 United States in and to the following National Forest Sys12 tem land and improvements:

13 (1) Tract A, Bend Pine Nursery, comprising

14 approximately 210 acres, as depicted on site plan

15 map entitled ‘‘Bend Pine Nursery Administrative

16 Site, May 13, 1999’’.

17 (2) Tract B, the Federal Government owned

18 structures located at Shelter Cove Resort, Deschutes

19 National Forest, buildings only, as depicted on site

20 plan map entitled ‘‘Shelter Cove Resort, November

21 3, 1997’’.

22 (3) Tract C, portions of isolated parcels of Na23 tional Forest Land located in Township 20 south,

24 Range 10 East section 25 and Township 20 South,

25 Range 11 East sections 8, 9, 16, 17, 20, and 21

26 consisting of approximately 1,260 acres, as depicted
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1 on map entitled ‘‘Deschutes National Forest Isolated

2 Parcels, January 1, 2000’’.

3 (4) Tract D, Alsea Administrative Site, con4 sisting of approximately 24 acres, as depicted on site

5 plan map entitled ‘‘Alsea Administrative Site, May

6 14, 1999’’.

7 (5) Tract E, Mapleton Administrative Site, con8 sisting of approximately 8 acres, as depicted on site

9 plan map entitled ‘‘Mapleton Administrative Site,

10 May 14, 1999’’.

11 (6) Tract F, Springdale Administrative Site,

12 consisting of approximately 3.6 acres, as depicted on

13 site plan map entitled ‘‘Site Development Plan, Co14 lumbia Gorge Ranger Station, April 22, 1964’’.

15 (7) Tract G, Dale Administrative Site, con16 sisting of approximately 37 acres, as depicted on site

17 plan map entitled ‘‘Dale Compound, February

18 1999’’.

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

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

21 entitled ‘‘Crescent Butte Communication Site, Janu22 ary 1, 2000’’.

23 (b) CONSIDERATION.—Consideration for a sale or ex24 change of land under subsection (a) may include the ac-
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1 quisition of land, existing improvements, or improvements

2 constructed to the specifications of the Secretary.

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

4 in this Act, any sale or exchange of National Forest Sys5 tem land under subsection (a) shall be subject to the laws

6 (including regulations) applicable to the conveyance and

7 acquisition of land for the National Forest System.

8 (d) CASH EQUALIZATION.—Notwithstanding any

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

10 equalization payment in excess of 25 percent of the value

11 of land exchanged under subsection (a).

12 (e) SOLICITATIONS OF OFFERS.—

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

14 the Secretary may solicit offers for sale or exchange

15 of land under this section on such terms and condi16 tions as the Secretary may prescribe.

17 (2) REJECTION OF OFFERS.—The Secretary

18 may reject any offer made under this section if the

19 Secretary determines that the offer is not adequate

20 or not in the public interest.

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

22 Metro Park and Recreation District in Deschutes

23 County, Oregon, shall be given the right of first re24 fusal to purchase the Bend Pine Nursery described

25 in subsection (a)(1).
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1 (f) REVOCATIONS.—

2 (1) IN GENERAL.—Any public land order with3 drawing land described in subsection (a) from all

4 forms of appropriation under the public land laws is

5 revoked with respect to any portion of the land con6 veyed by the Secretary under this section.

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

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

9 of the patent or deed conveying the land.

10 SEC. 4. DISPOSITION OF FUNDS.

11 (a) DEPOSIT OF PROCEEDS.—The Secretary shall de12 posit the proceeds of a sale or exchange under section 3(a)

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

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

15 (b) USE OF PROCEEDS.—Funds deposited under sub16 section (a) shall be available to the Secretary, without fur17 ther Act of appropriation, for—

18 (1) the acquisition, construction, or improve19 ment of administrative and visitor facilities and as20 sociated land in connection with the Deschutes Na21 tional Forest;

22 (2) the construction of a bunkhouse facility in

23 the Umatilla National Forest; and
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1 (3) to the extent the funds are not necessary to

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

3 land and interests in land in the State.

4 (c) ADMINISTRATION.—Subject to valid existing

5 rights, the Secretary shall manage any land acquired by

6 purchase or exchange under this Act in accordance with

7 the Act of March 1, 1911 (16 U.S.C. 480 et seq.) (com8 monly known as the ‘‘Weeks Act’’) and other laws (includ9 ing regulations) pertaining to the National Forest System.

10 SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILI11 TIES.

12 The Secretary may acquire, construct, or improve ad13 ministrative facilities and associated land in connection

14 with the Deschutes National Forest System by using—

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

16 and

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

18 carry out the acquisition, construction, or improve19 ment, funds subsequently made available for the ac20 quisition, construction, or improvement.
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1 SEC. 6. AUTHORIZATION OF APPROPRIATION.

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this Act.

Passed the Senate July 27, 2000.

Attest:

Secretary.

106TH CONGRESS

2D SESSION S. 1936

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.