I
107TH CONGRESS
2D SESSION
H. R. 5628
To authorize the Secretary of Agriculture to sell or exchange all or part
of certain parcels of National Forest System land in the State of Idaho
and use the proceeds derived from the sale or exchange for National
Forest System purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 10, 2002
Mr. OTTER introduced the following bill; which was referred to the Committee
on Resources
A BILL
To authorize the Secretary of Agriculture to sell or exchange
all or part of certain parcels of National Forest System
land in the State of Idaho and use the proceeds derived
from the sale or exchange for National Forest System
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Idaho Panhandle Na-
tional Forest Improvement Act of 2002’’.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Agriculture.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) IN GENERAL.—The Secretary may, under such
terms and conditions as the Secretary may prescribe, sell
or exchange any or all right, title, and interest of the
United States in and to the following National Forest Sys-
tem land and improvements:
(1) Granite/Reeder Bay, Priest Lake Parcel, T.
61 N., R. 4 E., B.M., sec. 17, S1⁄2NE1⁄4 (80 acres,
more or less).
(2) North South Ski area, T. 43 N., R. 3 W.,
B.M., sec. 13, SE1⁄4SE1⁄4SW1⁄4, S1⁄2SW1⁄4SE1⁄4,
NE1⁄4SW1⁄4SE1⁄4, and SW1⁄4SE1⁄4SE1⁄4 (50 acres
more or less).
(3) Shoshone work camp (including easements
for utilities), T. 50 N., R. 4 E., B.M., sec. 5, a por-
tion of the S1⁄2SE1⁄4.
(b) DESCRIPTIONS.—The Secretary may modify the
descriptions in subsection (a) to correct errors or to recon-
figure the properties in order to facilitate conveyance.
(c) CONSIDERATION.—Consideration for a sale or ex-
change of land under subsection (a)—
(1) shall be equal to the market value of the
land; and
(2) may include—
(A) cash; or
(B) the acquisition of improved or unim-
proved land or land with improvements con-
structed to the specifications of the Secretary.
(d) APPLICABLE LAW.—Except as otherwise provided
in this Act, any sale or exchange of National Forest Sys-
tem land under subsection (a) shall be subject to the laws
(including regulations) applicable to the conveyance and
acquisition of land for the National Forest System.
(e) VALUATION.—The market value of the land and
the improvements to be exchanged or sold or constructed
under this Act shall be determined by an appraisal that
is acceptable to the Secretary and conforms with the Fed-
eral appraisal standards, as defined in the document enti-
tled ‘‘Uniform Appraisal Standards for Federal Land Ac-
quisitions’’.
(f) CASH
EQUALIZATION.—Notwithstanding any
other provision of law, the Secretary may accept a cash
equalization payment in excess of 25 percent of the value
of land exchanged under subsection (a).
(g) SOLICITATIONS OF OFFERS.—
(1) IN GENERAL.—The Secretary may solicit
offers for sale or exchange of land under this section
on such terms and conditions as the Secretary may
prescribe.
(2) REJECTION
OF
OFFERS.—The Secretary
may reject any offer made under this section if the
Secretary determines that the offer is not adequate
or not in the public interest.
(h) METHODS OF SALE.—The Secretary may sell
land under subsection (a) at public or private sale, includ-
ing at auction, in accordance with such terms, conditions,
and procedures as the Secretary determines to be in the
best interests of the United States.
SEC. 4. DISPOSITION OF FUNDS.
(a) DEPOSIT OF PROCEEDS.—The Secretary shall de-
posit the proceeds of a sale or exchange under section 3(a)
in the fund established under Public Law 90–171 (com-
monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(b) USE OF PROCEEDS.—Funds deposited under sub-
section (a) shall be available to the Secretary, without fur-
ther appropriation—
(1) for the acquisition of, construction of, or re-
habilitation of existing facilities for, a new ranger
station in the Silver Valley portion of the Panhandle
National Forest; or
(2) to the extent that the amount of funds de-
posited exceeds the amount needed for the purpose
described in paragraph (1), for the acquisition, con-
struction, or rehabilitation of other facilities in the
Panhandle National Forest.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILI-
TIES.
The Secretary may acquire, construct, or rehabilitate
the ranger station described in section 4(b)(1) and acquire
associated land by using—
(1) funds made available under section 4(b);
and
(2) to the extent the funds are insufficient to
carry out the acquisition, construction, or improve-
ment, funds subsequently made available for the ac-
quisition, construction, or improvement.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) NONDISTRIBUTION
OF
PROCEEDS.—Proceeds
from the sale or exchange of land under this Act shall
not be paid or distributed to States or counties under any
provision of law, or otherwise treated as money received
from a national forest, for purposes of—
(1) the Act of May 23, 1908, or the Act of
March 1, 1911 (16 U.S.C. 500); or
(2) the Act of March 4, 1913 (16 U.S.C. 501).
(b) DEPARTMENTAL
REGULATIONS.—The Agri-
culture Property Management Regulations shall not apply
to—
(1) any disposition of National Forest System
land under this Act; or
(2) any other action taken under this Act.
(c) ADMINISTRATION OF LANDS ACQUIRED BY THE
UNITED STATES.—Land transferred or otherwise ac-
quired by the Secretary under this Act shall be managed
in accordance with the Act of March 1, 1911 (commonly
known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.) and
in accordance with the other laws (including regulations)
pertaining to the National Forest System.
(d) WITHDRAWALS AND REVOCATIONS.—
(1) PUBLIC LAND ORDERS.—As of the date of
this Act, any public land order withdrawing land de-
scribed in section 3(a) from all forms of appropria-
tion under the public land laws is revoked with re-
spect to any portion of the land conveyed by the Sec-
retary under this section.
(2) WITHDRAWAL.—Subject to valid existing
rights, all land described in section 3(a) is with-
drawn from location, entry, and patent under the
mining laws of the United States.
SEC. 7. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
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