Title: Forest Service Flexible Partnerships Act of 2017
Policy area: Public Lands and Natural Resources

Summary:
Forest Service Flexible Partnerships Act of 2017
This bill authorizes the Department of Agriculture (USDA) to lease as an administrative site, for consideration that is at least the market value of the site:
The bill makes the National Environmental Policy Act of 1969 applicable to the leasing of administrative sites, subject to an exception.
Cash consideration for an administrative site shall be available to USDA to pay:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1705 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1705

To provide to the Secretary of Agriculture the ability to enter into a 
  lease agreement for administrative sites on National Forest System 
                     land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2017

Mr. Bennet (for himself and Mr. Boozman) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To provide to the Secretary of Agriculture the ability to enter into a 
  lease agreement for administrative sites on National Forest System 
                     land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Service Flexible Partnerships 
Act of 2017''.

SEC. 2. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.

    (a) Definitions.--In this Act:
            (1) Administrative site.--
                    (A) In general.--The term ``administrative site'' 
                means--
                            (i) any facility or improvement, including 
                        curtilage, that was acquired or is used 
                        specifically for purposes of administration of 
                        the National Forest System;
                            (ii) any Federal land that--
                                    (I) is associated with a facility 
                                or improvement described in clause (i) 
                                that was acquired or is used 
                                specifically for purposes of 
                                administration of Forest Service 
                                activities; and
                                    (II) underlies or abuts the 
                                facility or improvement; and
                            (iii) for each fiscal year, not more than 
                        10 isolated, undeveloped parcels of not more 
                        than 40 acres each.
                    (B) Exclusions.--The term ``administrative site'' 
                does not include--
                            (i) any land within a unit of the National 
                        Forest System that is exclusively designated 
                        for natural area or recreational purposes;
                            (ii) any land within--
                                    (I) a component of the National 
                                Wilderness Preservation System;
                                    (II) a component of the National 
                                Wild and Scenic Rivers System; or
                                    (III) a National Monument; or
                            (iii) any Federal land that the Secretary 
                        determines--
                                    (I) is needed for resource 
                                management purposes or to provide 
                                access to other land or water; or
                                    (II) would be in the public 
                                interest not to lease.
            (2) Facility or improvement.--The term ``facility or 
        improvement'' includes--
                    (A) a forest headquarters;
                    (B) a ranger station;
                    (C) a research station or laboratory;
                    (D) a dwelling;
                    (E) a warehouse;
                    (F) a scaling station;
                    (G) a fire-retardant mixing station;
                    (H) a fire-lookout station;
                    (I) a guard station;
                    (J) a storage facility;
                    (K) a telecommunication facility; and
                    (L) any other administrative installation for 
                conducting Forest Service activities.
            (3) Market analysis.--The term ``market analysis'' means 
        the identification and study of the market for a particular 
        economic good or service.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Authorization.--The Secretary may lease an administrative site 
that is under the jurisdiction of the Secretary in accordance with this 
Act.
    (c) Identification of Eligible Sites.--A regional forester, in 
consultation with forest supervisors in the region, may submit to the 
Secretary a recommendation for administrative sites in the region that 
the regional forester considers eligible for leasing under this Act.
    (d) Consultation With Local Government and Public Notice.--Before 
making an administrative site available for lease under this Act, the 
Secretary shall--
            (1) consult with local governmental officials of the 
        community, and governmental officials of the State, in which 
        the administrative site is located; and
            (2) provide public notice of the proposed lease.
    (e) Lease Requirements.--
            (1) Size.--An administrative site or compound of 
        administrative sites under a single lease under this Act may 
        not exceed 40 acres.
            (2) Configuration of administrative sites.--
                    (A) In general.--To facilitate the lease of an 
                administrative site under this Act, the Secretary may 
                configure the administrative site--
                            (i) to maximize the marketability of the 
                        administrative site; and
                            (ii) to achieve management objectives.
                    (B) Separate treatment of facility or 
                improvement.--A facility or improvement on an 
                administrative site to be leased under this Act may be 
                severed from the land and leased under a separate lease 
                under this Act.
            (3) Consideration.--
                    (A) In general.--A person to which a lease of an 
                administrative site is made under this Act shall 
                provide to the Secretary consideration described in 
                subparagraph (B) in an amount that is not less than the 
                market value of the administrative site, as determined 
                in accordance with subparagraph (C).
                    (B) Form of consideration.--The consideration 
                referred to in subparagraph (A) may be--
                            (i) cash;
                            (ii) in-kind, including--
                                    (I) the construction of new 
                                facilities or improvements, title to 
                                which the lessee transfers to the 
                                Secretary, for use by the Secretary;
                                    (II) the maintenance, repair, 
                                improvement, or restoration of existing 
                                facilities or improvements; and
                                    (III) other services relating to 
                                activities that occur on the 
                                administrative site as the Secretary 
                                considers appropriate; or
                            (iii) any combination of the consideration 
                        described in clauses (i) and (ii).
                    (C) Determination of market value.--
                            (i) In general.--The Secretary shall 
                        determine the market value of an administrative 
                        site to be leased under this Act--
                                    (I) by conducting an appraisal in 
                                accordance with--
                                            (aa) the Uniform Appraisal 
                                        Standards for Federal Land 
                                        Acquisitions established in 
                                        accordance with the Uniform 
                                        Relocation Assistance and Real 
                                        Property Acquisition Policies 
                                        Act of 1970 (42 U.S.C. 4601 et 
                                        seq.); and
                                            (bb) the Uniform Standards 
                                        of Professional Appraisal 
                                        Practice; or
                                    (II) by competitive lease.
                            (ii) In-kind consideration.--The Secretary 
                        shall determine the market value of any in-kind 
                        consideration under subparagraph (B)(ii) by a 
                        process determined by the Secretary to be 
                        appropriate for the form of the in-kind 
                        consideration.
            (4) Conditions.--The lease of an administrative site under 
        this Act shall be subject to such conditions, including 
        bonding, as the Secretary determines to be appropriate.
    (f) Relation to Other Laws.--
            (1) Federal property disposal.--Chapter 5 of subtitle I of 
        title 40, United States Code, shall not apply to the lease of 
        an administrative site under this Act.
            (2) Lead-based paint and asbestos abatement.--
                    (A) In general.--Notwithstanding any provision of 
                law relating to the mitigation or abatement of lead-
                based paint or asbestos-containing building materials, 
                the Secretary shall not be required to mitigate or 
                abate lead-based paint or asbestos-containing building 
                materials with respect to an administrative site to be 
                leased under this Act.
                    (B) Procedures.--With respect to an administrative 
                site to be leased under this Act that has lead-based 
                paint or asbestos-containing building materials, the 
                Secretary shall--
                            (i) provide notice to the person to which 
                        the administrative site will be leased of the 
                        presence of the lead-based paint or asbestos-
                        containing building material; and
                            (ii) obtain written assurance from that 
                        person that the person will comply with 
                        applicable Federal, State, and local laws 
                        relating to the management of lead-based paint 
                        and asbestos-containing building materials.
            (3) Environmental review.--The National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the 
        lease of an administrative site under this Act, except that, in 
        any environmental review or analysis required under that Act 
        for the lease of an administrative site under this Act, the 
        Secretary shall be required only--
                    (A) to analyze the most reasonably foreseeable use 
                of the administrative site, as determined through a 
                market analysis;
                    (B) to determine whether to include any conditions 
                under subsection (e)(4); and
                    (C) to evaluate the alternative of not leasing the 
                administrative site in accordance with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
    (g) Use of Consideration.--Cash consideration for a lease of an 
administrative site under this Act shall be available to the Secretary, 
until expended and without further appropriation, to pay--
            (1) any necessary and incidental costs incurred by the 
        Secretary in connection with--
                    (A) the acquisition, improvement, maintenance, 
                reconstruction, or construction of a facility or 
                improvement for the National Forest System; and
                    (B) the lease of an administrative site under this 
                Act; and
            (2) reasonable commissions or fees for brokerage services 
        obtained in connection with the lease, subject to the 
        conditions that the Secretary--
                    (A) determines that the services are in the public 
                interest; and
                    (B) shall provide public notice of any brokerage 
                services contract entered into in connection with a 
                lease under this Act.
    (h) Congressional Notifications.--
            (1) Anticipated use of authority.--As part of the annual 
        budget justification documents provided to the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Appropriations of the Senate, the Secretary shall 
        include--
                    (A) a list of the anticipated leases to be made, 
                including the anticipated revenue that may be obtained, 
                under this Act;
                    (B) a description of the intended use of any 
                revenue obtained under a lease under this Act, 
                including a list of any projects that cost more than 
                $500,000; and
                    (C) a description of accomplishments during 
                previous years using the authority of the Secretary 
                under this Act.
            (2) Changes to lease list.--If the Secretary desires to 
        lease an administrative site under this Act that is not 
        included on a list provided under paragraph (1)(A), the 
        Secretary shall submit to the congressional committees 
        described in paragraph (3) a notice of the proposed lease, 
        including the anticipated revenue that may be obtained from the 
        lease.
            (3) Use of authority.--Not less frequently than once each 
        year, the Secretary shall submit to the Committee on 
        Agriculture, the Committee on Appropriations, and the Committee 
        on Natural Resources of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry, the 
        Committee on Appropriations, and the Committee on Energy and 
        Natural Resources of the Senate a report describing each lease 
        made by the Secretary under this Act during the period covered 
        by the report.
    (i) Expiration of Authority.--
            (1) In general.--The authority of the Secretary to enter 
        into a lease agreement for an administrative site under this 
        Act expires on September 30, 2027.
            (2) Effect on lease agreement.--Any lease agreement entered 
        into by the Secretary under this Act before the date of the 
        expiration of authority under paragraph (1) shall not be 
        affected by that expiration of authority.
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