II

106TH CONGRESS

1ST SESSION S. 1936

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

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,

3 SECTION 1. SHORT TITLE.

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

5 Land Conveyance Act’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:
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1 (1) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Agriculture.

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

4 of Oregon.

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

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

7 terms and conditions as the Secretary may prescribe, sell

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

9 United States in and to the following National Forest Sys10 tem land and improvements:

11 (1) Bend Pine Nursery, comprising approxi12 mately 210 acres, as depicted on site plan map enti13 tled ‘‘Bend Pine Nursery Administrative Site’’,

14 dated May 13, 1999.

15 (2) The Federal Government-owned facilities at

16 Shelter Cove Resort, as depicted on site plan map

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

18 1997.

19 (3) Isolated parcels of National Forest System

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

21 16, 17, 20, and 21, T. 20 S., R. 11 E., Willamette

22 Meridian, as depicted on the map entitled ‘‘Isolated

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

24 (4) Alsea Administrative Site, consisting of ap25 proximately 24 acres, as depicted on site plan map
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1 entitled ‘‘Alsea Administrative Site’’, dated May 14,

2 1999.

3 (5) Mapleton Administrative Site, consisting of

4 approximately 8 acres, as depicted on site plan map

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

6 14, 1999.

7 (6) Springdale Administrative Site, consisting

8 of approximately 3.6 acres, as depicted on site plan

9 map entitled ‘‘Site Development Plan, Columbia

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

11 (7) Dale Administrative Site, consisting of ap12 proximately 40 acres, as depicted on site plan map

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

14 1999.

15 (b) CONSIDERATION.—Consideration for a sale or ex16 change of land under subsection (a) may include the ac17 quisition of land, existing improvements, or improvements

18 constructed to the specifications of the Secretary.

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

20 in this Act, any sale or exchange of National Forest Sys21 tem land under subsection (a) shall be subject to the laws

22 (including regulations) applicable to the conveyance and

23 acquisition of land for the National Forest System.

24 (d) CASH EQUALIZATION.—Notwithstanding any

25 other provision of law, the Secretary may accept a cash
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1 equalization payment in excess of 25 percent of the value

2 of land exchanged under subsection (a).

3 (e) SOLICITATIONS OF OFFERS.—

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

5 the Secretary may solicit offers for sale or exchange

6 of land under this section on such terms and condi7 tions as the Secretary may prescribe.

8 (2) REJECTION OF OFFERS.—The Secretary

9 may reject any offer made under this section if the

10 Secretary determines that the offer is not adequate

11 or not in the public interest.

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

13 Metro Parks and Recreation District or other units

14 of local government in Deschutes County, Oregon,

15 shall be given the right of first refusal to purchase

16 the Bend Pine Nursery described in subsection

17 (a)(1).

18 (f) REVOCATIONS.—

19 (1) IN GENERAL.—Any public land order with20 drawing land described in subsection (a) from all

21 forms of appropriation under the public land laws is

22 revoked with respect to any portion of the land con23 veyed by the Secretary under this section.
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1 (2) EFFECTIVE DATE.—The effective date of

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

3 of 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 improve13 ment of administrative facilities and associated land

14 in connection with the Deschutes National Forest;

15 and

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

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

18 interests in land in the State.

19 (c) ADMINISTRATION.—Subject to valid existing

20 rights, the Secretary shall manage any land acquired by

21 purchase or exchange under this Act in accordance with

22 the Act of March 1, 1911 (16 U.S.C. 480 et seq.) (com23 monly known as the ‘‘Weeks Act’’) and other laws (includ24 ing regulations) pertaining to the National Forest System.
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1 SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILI2 TIES.

3 The Secretary may acquire, construct, or improve ad4 ministrative facilities and associated land in connection

5 with the Deschutes National Forest System by using—

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

7 and

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

9 carry out the acquisition, construction, or improve10 ment, funds subsequently made available for the ac11 quisition, construction, or improvement.

12 SEC. 6. AUTHORIZATION OF APPROPRIATION.

13 There are authorized to be appropriated such sums

14 as are necessary to carry out this Act.

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