106TH CONGRESS

2D SESSION S. 1936

AMENDMENT

In the House of Representatives, U. S.,

October 17, 2000.

Resolved, That the bill from the Senate (S. 1936) entitled ‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

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
2

•S 1936 EAH

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

2 States in and to the following National Forest System land

3 and improvements:

4 (1) Tract A, Bend Pine Nursery, comprising ap5 proximately 210 acres, as depicted on site plan map

6 entitled ‘‘Bend Pine Nursery Administrative Site,

7 May 13, 1999’’.

8 (2) Tract B, the Federal Government owned

9 structures located at Shelter Cove Resort, Deschutes

10 National Forest, buildings only, as depicted on site

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

12 1997’’.

13 (3) Tract C, portions of isolated parcels of Na14 tional Forest Land located in Township 20 south,

15 Range 10 East section 25 and Township 20 South,

16 Range 11 East sections 8, 9, 16, 17, 20, and 21 con17 sisting of approximately 1,260 acres, as depicted on

18 map entitled ‘‘Deschutes National Forest Isolated

19 Parcels, January 1, 2000’’.

20 (4) Tract D, Alsea Administrative Site, con21 sisting of approximately 24 acres, as depicted on site

22 plan map entitled ‘‘Alsea Administrative Site, May

23 14, 1999’’.

24 (5) Tract F, Springdale Administrative Site,

25 consisting of approximately 3.6 acres, as depicted on
3

•S 1936 EAH

1 site plan map entitled ‘‘Site Development Plan, Co2 lumbia Gorge Ranger Station, April 22, 1964’’.

3 (6) Tract G, Dale Administrative Site, con4 sisting of approximately 37 acres, as depicted on site

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

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

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

8 entitled ‘‘Crescent Butte Communication Site, Janu9 ary 1, 2000’’.

10 (b) CONSIDERATION.—Consideration for a sale or ex11 change of land under subsection (a) may include the acqui12 sition of land, existing improvements, or improvements con13 structed to the specifications of the Secretary.

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

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

16 land under subsection (a) shall be subject to the laws (in17 cluding regulations) applicable to the conveyance and ac18 quisition of land for the National Forest System.

19 (d) CASH EQUALIZATION.—Notwithstanding any other

20 provision of law, the Secretary may accept a cash equali21 zation payment in excess of 25 percent of the value of land

22 exchanged under subsection (a).

23 (e) SOLICITATIONS OF OFFERS.—

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

25 Secretary may solicit offers for sale or exchange of
4

•S 1936 EAH

1 land under this section on such terms and conditions

2 as the Secretary may prescribe.

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

4 reject any offer made under this section if the Sec5 retary determines that the offer is not adequate or not

6 in the public interest.

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

8 Park and Recreation District in Deschutes County,

9 Oregon, shall be given the right of first refusal to pur10 chase the Bend Pine Nursery described in subsection

11 (a)(1).

12 (f) REVOCATIONS.—

13 (1) IN GENERAL.—Any public land order with14 drawing land described in subsection (a) from all

15 forms of appropriation under the public land laws is

16 revoked with respect to any portion of the land con17 veyed by the Secretary under this section.

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

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

20 the patent or deed conveying the land.

21 SEC. 4. DISPOSITION OF FUNDS.

22 (a) DEPOSIT OF PROCEEDS.—The Secretary shall de23 posit the proceeds of a sale or exchange under section 3(a)

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

25 U.S.C. 484a) (commonly known as the ‘‘Sisk Act’’).
5

•S 1936 EAH

1 (b) USE OF PROCEEDS.—Funds deposited under sub2 section (a) shall be available to the Secretary, without fur3 ther Act of appropriation, for—

4 (1) the acquisition, construction, or improvement

5 of administrative and visitor facilities and associated

6 land in connection with the Deschutes National For7 est;

8 (2) the construction of a bunkhouse facility in

9 the Umatilla National Forest; and

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

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

12 land and interests in land in the State.

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

14 the Secretary shall manage any land acquired by purchase

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

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

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

18 pertaining to the National Forest System.

19 SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILI20 TIES.

21 The Secretary may acquire, construct, or improve ad22 ministrative facilities and associated land in connection

23 with the Deschutes National Forest System by using—

24 (1) funds made available under section 4(b); and
6

•S 1936 EAH

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

2 carry out the acquisition, construction, or improve3 ment, funds subsequently made available for the ac4 quisition, construction, or improvement.

5 SEC. 6. AUTHORIZATION OF APPROPRIATION.

6 There are authorized to be appropriated such sums as

7 are necessary to carry out this Act.

Attest:

Clerk.