I
107TH CONGRESS
2D SESSION
H. R. 5552
To provide for the conveyance of Federal land in Sandpoint, Idaho, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 2002
Mr. OTTER introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committee
on Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To provide for the conveyance of Federal land in Sandpoint,
Idaho, and for other 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 ‘‘Sandpoint Land and
Facilities Act of 2002’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Sandpoint Federal Building,’’ dated Sep-
tember 12, 2002.
(2) PROPERTY.—The term ‘‘property’’ means
the Sandpoint Federal Building and approximately
3.17 acres of land in Sandpoint, Idaho, as depicted
on the map.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(4) STATE.—The term ‘‘State’’ means the State
of Idaho.
SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) IN GENERAL.—Not later than 30 days after the
date of enactment of this Act, the Administrator of Gen-
eral Services shall transfer to the Secretary, without con-
sideration, administrative jurisdiction over the property.
(b) DEBT.—
(1) ASSUMPTION.—As of the date on which ad-
ministrative jurisdiction is transferred under sub-
section (a), the Secretary shall assume the obligation
of the Administrator of General Services to repay to
the Federal Finance Bank the debt incurred with re-
spect to the property.
(2) REPAYMENT.—The Secretary may repay
the debt assumed under paragraph (1) using—
(A) the proceeds of the sale or exchange of
the property under section 4(a);
(B) amounts appropriated to the Forest
Service for the rental, upkeep, and maintenance
of facilities; and
(C) any other unobligated appropriated
amounts available to the Secretary
SEC. 4. SALE OR EXCHANGE OF PROPERTY.
(a) IN GENERAL.—Subject to the laws (including
regulations) applicable to the conveyance of land of the
National Forest System, the Secretary may, by quitclaim
deed, sell, for fair market value, or exchange all right,
title, and interest of the United States in and to the prop-
erty.
(b) MAP.—Until the date on which the property is
sold or exchanged under subsection (a), the map shall be
on file and available for public inspection in the—
(1) Office of the Chief of the Forest Service;
and
(2) the Office of the Supervisor, Idaho Pan-
handle National Forest, Coeur d’Alene, Idaho.
(c) CONSIDERATION.—
(1) IN GENERAL.—Consideration for the sale or
exchange of the property under subsection (a) may
be for—
(A) cash; or
(B) other consideration, including the con-
struction of administrative facilities for the Na-
tional Forest System in Bonner County, Idaho.
(2) CONDITIONS.—If the property is to be con-
veyed in exchange for the construction of adminis-
trative facilities under paragraph (1)(B)—
(A) the construction of the administrative
facilities shall be subject to any terms or condi-
tions that the Secretary may prescribe by con-
tract, including final building design and costs;
and
(B) the conveyance of the property shall be
subject to—
(i) the completion of the administra-
tive facilities in a manner satisfactory to
the Secretary;
(ii) the condition that the exchange be
an equal value exchange, or if the value of
the property and the administrative facili-
ties are not equal, as determined under
subsection (e), that the values be equalized
in accordance with subsection (f); and
(iii) any requirements of the Secretary
that the entity acquiring the property as-
sume any outstanding indebtedness on the
property to the Federal Finance Bank.
(d) SOLICITATIONS OF OFFERS.—
(1) IN GENERAL.—The Secretary may solicit
offers for the sale or exchange of the property under
this section on such terms and conditions as the Sec-
retary 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.
(e) VALUATION.—The value of the property to be ex-
changed or sold and any administrative facilities con-
structed under this Act shall be determined by an ap-
praisal that—
(1) is acceptable to the Secretary; and
(2) conforms with the Uniform Appraisal
Standards for Federal Land Acquisitions.
(f) EQUALIZATION
OF VALUES.—Notwithstanding
section 206(b) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716(b)), the Secretary may
accept a cash equalization payment in excess of 25 percent
of the value of the property.
SEC. 5. DISPOSITION OF PROCEEDS.
(a) DEPOSIT OF PROCEEDS.—The Secretary shall de-
posit the proceeds derived from any sale or exchange
under section 3(a) in the fund established by Public Law
90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C.
484a).
(b) USE OF PROCEEDS.—
(1) IN
GENERAL.—Amounts deposited under
subsection (a) shall be available to the Secretary,
without further appropriation, until expended, for—
(A) the acquisition, construction, or im-
provement of administrative facilities and asso-
ciated land in the Northern Region of the For-
est Service in the State; and
(B) the acquisition of land and interests in
land for addition to National Forest System
land in the Northern Region of the Forest Serv-
ice in the State.
(2) LIMITATIONS.—Funds deposited under sub-
section (a) shall not—
(A) be paid or distributed to States or
counties under any provision of law; or
(B) be considered to be moneys received
from units of the National Forest System for
purposes of—
(i) the Act of May 23, 1908 (16
U.S.C. 500); or
(ii) the Act of March 4, 1913 (16
U.S.C. 501).
SEC. 6. APPLICABLE LAW.
(a) IN GENERAL.—Subject to valid existing rights,
the Secretary shall manage any land acquired by purchase
or exchange under this Act in accordance with the Act
of March 1, 1911 (commonly known as the ‘‘Weeks Act’’)
(16 U.S.C. 480 et seq.) and other laws (including regula-
tions) relating to the National Forest System.
(b) EXEMPTION FROM PROPERTY MANAGEMENT
REGULATIONS.—Part 1955 of title 7, Code of Federal
Regulations, shall not apply to any action carried out
under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
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