II
Calendar No. 452
106TH CONGRESS
2D SESSION
H. R. 150
[Report No. 106–236]
To authorize the Secretary of Agriculture to convey National Forest System
lands for use for educational purposes, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 9, 1999
Received; read twice and referred to the Committee on Energy and Natural
Resources
MARCH 9, 2000
Reported by Mr. MURKOWSKI, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To authorize the Secretary of Agriculture to convey National
Forest System lands for use for educational purposes,
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 ‘‘Education Land Grant
Act’’.
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SEC.
2.
CONVEYANCE
OF
NATIONAL
FOREST
SYSTEM
LANDS FOR EDUCATIONAL PURPOSES.
(a) AUTHORITY TO CONVEY.—Upon application, the
Secretary of Agriculture may convey National Forest Sys-
tem lands for use for educational purposes if the Secretary
determines that—
(1) the entity seeking the conveyance will use
the conveyed land for a public or publicly funded ele-
mentary or secondary school, to provide grounds or
facilities related to such a school, or for both pur-
poses;
(2) the conveyance will serve the public interest;
(3) the land to be conveyed is not otherwise
needed for the purposes of the National Forest Sys-
tem; and
(4) the total acreage to be conveyed does not
exceed the amount reasonably necessary for the pro-
posed use.
(b) ACREAGE LIMITATION.—A conveyance under this
section may not exceed 80 acres. However, this limitation
shall not be construed to preclude an entity from submit-
ting a subsequent application under this section for an ad-
ditional land conveyance if the entity can demonstrate to
the Secretary a need for additional land.
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(c) COSTS AND MINERAL RIGHTS.—A conveyance
under this section shall be for a nominal cost. The convey-
ance may not include the transfer of mineral rights.
(d) REVIEW OF APPLICATIONS.—When the Secretary
receives an application under this section, the Secretary
shall—
(1) before the end of the 14-day period begin-
ning on the date of the receipt of the application,
provide notice of that receipt to the applicant; and
(2) before the end of the 120-day period begin-
ning on that date—
(A) make a final determination whether or
not to convey land pursuant to the application,
and notify the applicant of that determination;
or
(B) submit written notice to the applicant
containing the reasons why a final determina-
tion has not been made.
(e) REVERSIONARY INTEREST.—If at any time after
lands are conveyed pursuant to this section, the entity to
whom the lands were conveyed attempts to transfer title
to or control over the lands to another or the lands are
devoted to a use other than the use for which the lands
were conveyed, without the consent of the Secretary, title
to the lands shall revert to the United States.
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SECTION 1. SHORT TITLE.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Forest Education and Community Purpose Lands
Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) communities adjacent to and surrounded by
National Forest System land have limited opportuni-
ties to acquire land for recreational, educational and
other public purposes;
(2) in many cases, such recreational, educational
and other public purposes are not within the mission
of the Forest Service, but would not be inconsistent
with land and resource management plans developed
for the adjacent national forest;
(3) such communities are often unable to acquire
land for such recreational, educational and other pub-
lic purposes due to extremely high market value of
private land resulting from the predominance of Fed-
eral land in the local area; and
(4) the national forests and adjacent commu-
nities would mutually benefit from a process similar
to that available to the Bureau of Land Management
under the Act of June 14, 1926 (commonly known as
the ‘‘Recreation and Public Purposes Act’’) (43
U.S.C. 869 et seq.).
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SEC. 3. DEFINITIONS.
In this Act:
(1) HAZARDOUS SUBSTANCE.—The term ‘‘haz-
ardous substance’’ has the meaning given the term in
section 101 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act (42 U.S.C.
9601).
(2) PARCEL.—
(A) IN
GENERAL.—The term ‘‘parcel’’
means a parcel of land under the jurisdiction of
the Forest Service that has been withdrawn from
the public domain.
(B) EXCLUSION.—The term ‘‘parcel’’ does
not include land set aside or held for the benefit
of Indians.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture, acting through the Chief
of the Forest Service.
SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM LAND FOR
PUBLIC PURPOSES.
(a) AUTHORITY.—Upon receipt and approval of an
application in writing, the Secretary may dispose of Na-
tional Forest System land to a State or a political subdivi-
sion of a State as provided in this section on the condition
that the parcel be used for recreational, educational and
other public purposes, as determined by the Secretary.
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(b) CONDITIONS OF DISPOSAL, TRANSFER OF TITLE,
OR CHANGE IN USE.—Before any parcel may be disposed
of or any application for a transfer of title to or a change
in use of a parcel is approved under this section, the Sec-
retary shall determine that—
(1) the parcel is to be used for an established or
proposed project that is described in detail in the ap-
plication to the Secretary, and that would serve pub-
lic objectives (either locally or at large) that outweigh
the objectives and values which would be served by
maintaining such parcel in Federal ownership;
(2) the applicant is financially and otherwise
capable of implementing the proposed project; and
(3) the acreage is not more than is reasonably
necessary for the proposed use.
(c) PUBLIC PARTICIPATION.—The Secretary shall pro-
vide an opportunity for public participation in a disposal
under this section, including at least one public hearing or
meeting, to provide for public comments.
(d) REVIEW OF APPLICATIONS.—
(a) IN GENERAL.—When the Secretary receives
an application under this section to convey a parcel
for recreational, educational, or other public purposes
related to emergency services, the Secretary shall—
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(A) before the end of the 14-day period be-
ginning on the date of the receipt of the applica-
tion, provide notice of that receipt to the appli-
cant; and
(B) before the end of the 120-day period be-
ginning on that date—
(i) make a final determination whether
or not to convey land pursuant to the appli-
cation, and notify the applicant of that de-
termination; or
(ii) submit written notice to the appli-
cant containing the reasons why a final de-
termination has not been made.
(2) OTHER APPLICATIONS.—When the Secretary
receives an application under this section to convey
a parcel for any public purposes other than those
under paragraph (1), the Secretary shall—
(A) before the end of the 14-day period be-
ginning on the date of the receipt of the applica-
tion, provide notice of that receipt to the appli-
cant; and
(B) take reasonable actions necessary to
make a final determination whether or not to
convey land pursuant to the application, and
notify the applicant of that determination, to the
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extent practicable, before the end of the 180-day
period beginning on that date.
(e) PARCELS WITHDRAWN IN AID OF FUNCTIONS OF
FEDERAL AND STATE AGENCIES.—If a parcel has been
withdrawn in aid of a function of a Federal agency other
than the Department of Agriculture or of an agency of a
State or political subdivision of a State (including a water
district), the Secretary may dispose of the parcel under this
section only with the consent of the agency.
(f) CONVEYANCES AND LEASES.—
(1) CONVEYANCES.—The Secretary may convey a
parcel to the State or a political subdivision of a
State in which the parcel is located if the proposed
use is not inconsistent with the land allocations with-
in applicable land and resource management plans
under the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.)
(2) LEASES.—The Secretary may lease a parcel
to the State or a political subdivision of a State in
which the parcel is located, at a reasonable annual
rental, for a period up to 25 years, and, at the discre-
tion of the Secretary, with a privilege of renewal for
a like period, if the proposed use is not inconsistent
with the land allocations within applicable land and
resource management plans under the Forest and
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Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.)
(3) CONSIDERATION.—The conveyance or lease of
a parcel for purposes under this section shall be made
at a price to be fixed by the Secretary, consistent with
the pricing structure established by the Secretary of
the Interior under the Act of June 14, 1926 (43
U.S.C. 869 et seq.).
(g) ACREAGE LIMITATIONS AND PROPERTY DESCRIP-
TIONS.—
(1) 
ACREAGE
LIMITATIONS.—A 
conveyance
under this section may not exceed 100 acres, unless
the parcel contains facilities that have been deter-
mined by the Secretary to be suitable for disposal
under the authority of the General Services Adminis-
tration. This limitation shall not be construed to pre-
clude an entity from submitting subsequent applica-
tions under this section for additional land convey-
ances if the entity can demonstrate to the Secretary
a need for additional land.
(2) DESCRIPTION OF PROPERTY.—If necessary,
the exact acreage and legal description the real prop-
erty conveyed under this subsection shall be deter-
mined by a survey satisfactory to the Secretary and
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the applicant. The cost of the survey shall be borne by
the applicant.
(3) RECREATION AND PURPOSES ACT.—Section 1
of the Act of June 14, 1926 (commonly known as the
‘‘Recreation and Public Purposes Act’’; 43 U.S.C.
869), as amended, is further amended by adding at
the end the following:
‘‘(d) DESCRIPTION OF PROPERTY.—If necessary, the
exact acreage and legal description of the real property con-
veyed under this section shall be determined by a survey
satisfactory to the Secretary and the applicant. The cost
of the survey shall be borne by the applicant.’’.
(h) RESERVATION OF MINERAL RIGHTS.—Each con-
veyance or lease under this section shall contain a reserva-
tion to the United States of all mineral deposits in the par-
cel conveyed or leased and of the right to mine and remove
the mineral deposits under applicable laws (including regu-
lations).
(i) USE OF THE LEASED LAND FOR UNAUTHORIZED
PURPOSES.—Each lease under this section shall contain a
provision for termination of the lease on a finding by the
Secretary that—
(1) the parcel has not been used by the lessee as
specified in the lease of a period greater than 5 years;
or
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(2) the parcel or any part of the parcel is being
devoted to a use other than that for which the lease
was made.
(j) CONDITIONS
OF CONVEYANCE; REVERSION
FOR
NONCOMPLIANCE.—
(1) CONDITIONS OF CONVEYANCE.—
(A) TRANSFER OF TITLE.—
(i) IN GENERAL.—Except as provided
in clause (ii), title to a parcel conveyed by
the Secretary under this section may not be
transferred by the grantee or a successor of
the grantee.
(ii) EXCEPTION.—With the consent of
the Secretary in accordance with this sec-
tion, title to a parcel may be transferred to
the State or a political subdivision of the
State in which the parcel is located.
(B) USE.—
(i) IN GENERAL.—Except as provided
in clause (ii), a grantee or a successor of the
grantee may not change the use specified in
the conveyance of a parcel under this sec-
tion to another or additional use.
(ii) EXCEPTION.—Upon application
and appropriate public participation, the
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Secretary may approve a change in use of
a parcel to anther recreational, educational
or other public use, in accordance with this
section.
(2) REVERSION FOR NONCOMPLIANCE.—If at any
time after a parcel is conveyed by the Secretary, the
grantee or a successor of the grantee, without the con-
sent of the Secretary, attempts to transfer title to or
control over the parcel to another person or entity or
to devote the parcel to a use other than that for which
the parcel was conveyed, title to the parcel shall revert
to the United States.
(k) PRIOR CONVEYANCES.—On application by the
State or a political subdivision of the State in which the
parcel is located, the Secretary may authorize a transfer
of title or a change in use in accordance with subsection
(j) with respect to any parcel conveyed under this section
or any other law.
(l) SOLID WASTE DISPOSAL SITES.—
(1) CONVEYANCE FOR THE PURPOSES OF SOLID
WASTE DISPOSAL.—If the Secretary receives an appli-
cation for conveyance of a parcel under this section
for the purpose of solid waste disposal or for another
purpose that the Secretary finds may include the dis-
posal, placement, or release of any hazardous sub-
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stance, the Secretary may convey the parcel subject
only to this subsection.
(2) INVESTIGATION.—
(A) IN GENERAL.—Before any conveyance
of a parcel under this subsection, the Secretary
shall investigate the parcel to determine whether
any hazardous substance is present on the parcel.
(B) ELEMENTS OF AN INVESTIGATION.—An
investigation under subparagraph (A) shall
include—
(i) a review of any available records of
the use of the parcel; and
(ii) all appropriate analyses of the soil,
water and air associated with the parcel.
(C) PRESENCE
OF
A
HAZARDOUS
SUB-
STANCE.—A parcel shall not be conveyed under
this subsection if the investigation indicates that
any hazardous substance is present on the parcel.
(3) SUBMISSION TO OTHER STATE AND FEDERAL
AGENCIES.—No application for conveyance under this
subsection shall be acted on by the Secretary until the
applicant has furnished evidence, satisfactory to the
Secretary, that a copy of the application and infor-
mation concerning the proposed use of the parcel cov-
ered by the application has been provided to the En-
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vironmental Protection Agency and to all other State
and Federal agencies with responsibility for enforce-
ment of Federal and State laws applicable to land
used for the disposal, placement, or release of solid
waste or any hazardous substance.
(4) WARRANTY.—No application for conveyance
under this subsection shall be acted on by the Sec-
retary until the applicant gives a warranty that—
(A) use of the parcel covered by the applica-
tion will be consistent with all applicable Fed-
eral and State laws, including laws dealing with
the disposal, placement, or release of hazardous
substances; and
(B) the applicant will hold the United
States harmless from any liability that may
arise out of any violation of any such law.
(5) REQUIREMENTS.—A conveyance under this
subsection shall be made to the extent that the appli-
cant demonstrates to the Secretary that the parcel
covered by an application meets all applicable State
and local requirements and is appropriate in char-
acter and reasonable in acreage in order to meet an
existing or reasonably anticipated need for solid
waste disposal or for another proposed use that the
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Secretary finds may include the disposal, placement,
or release of any hazardous substance.
(6) CONDITIONS.—
(A) IN GENERAL.—A conveyance of a parcel
under this subsection shall be subject to the con-
ditions stated in this paragraph.
(B) REVERTER.—
(i) IN GENERAL.—The instrument of
conveyance shall provide that the parcel
shall revert to the United States unless sub-
stantially all of the parcel has been used, on
or before the date that is 5 years after the
date of conveyance, for the purpose specified
in the application, or for other use or uses
authorized under subsection (b) with the
consent of the Secretary.
(ii) LIMITATION.—No portion of a par-
cel that has been used for solid waste dis-
posal or for any other purpose that the Sec-
retary finds may result in the disposal,
placement, or lease of a hazardous substance
shall revert to the United States.
(C) PAYMENT TO THE SECRETARY ON FUR-
THER CONVEYANCE.—If at any time after con-
veyance any portion of a parcel has not been
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used for the purpose specified in the application,
and the entity to which the parcel was conveyed
by the Secretary transfers ownership of the un-
used portion to any other person or entity,
transferee shall be liable to pay the Secretary the
fair market value of the transferred portion as of
the date of the transfer, including the value of
any improvements thereon.
(D) USE
OF
PAYMENTS.—Subject to the
availability of appropriations, all amounts re-
ceived by the Secretary under subparagraph (C)
shall be retained by the Secretary, shall be avail-
able to the Secretary for use for the management
of National Forest System land, and shall re-
main available until expended.
Passed the House of Representatives June 8, 1999.
Attest:
JEFF TRANDAHL,
Clerk.