Idaho Panhandle National Forest Improvement Act of 2004
PL 108-436 (S.434), enacted 12/03/2004

118 STAT. 2620
PUBLIC LAW 108–436—DEC. 3, 2004
Public Law 108–436
108th Congress
An Act
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Idaho Panhandle National Forest
Improvement Act of 2004’’.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘‘Secretary’’ means the Secretary of Agri-
culture.
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 System land and improvements:
(1) Granite/Reeder Bay, Priest Lake Parcel, T61N, R4E,
Boise Principal Meridian, section 17, S1⁄2NE1⁄4 (80 acres, more
or less).
(2) North South Ski area, T43N, R3W, Boise Principal
Meridian, 
section 
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),
T50N, R4E, Boise Principal Meridian, section 5, a portion of
the S1⁄2SE1⁄4 (19 acres, more or less).
(b) DESCRIPTIONS.—The Secretary may modify the descriptions
in subsection (a) to correct errors or to make minor adjustments
to the parcels in order to facilitate the conveyance of the parcels.
(c) CONSIDERATION.—Consideration for a sale or exchange of
land under subsection (a)—
(1) shall be equal to the fair market value of the land;
and
(2) may include cash or improved or unimproved land.
(d) APPLICABLE LAW.—Except as otherwise provided in this
Act, any sale or exchange of National Forest System land under
subsection (a) shall be subject to the laws applicable to the convey-
ance and acquisition of land for the National Forest System.
(e) VALUATION.—The market value of the land and the improve-
ments to be sold or exchanged under this Act shall be determined
by an appraisal that is acceptable to the Secretary and conforms
Idaho Panhandle
National Forest
Improvement Act
of 2004.
Dec. 3, 2004
[S. 434]
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118 STAT. 2621
PUBLIC LAW 108–436—DEC. 3, 2004
with the Uniform Appraisal Standards for Federal Land Acquisi-
tions.
(f) CASH EQUALIZATION.—Notwithstanding section 206(b) of the
Federal Land Policy and Management 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 land exchanged under
subsection (a).
(g) SOLICITATIONS OF OFFERS.—
(1) IN GENERAL.—The Secretary may solicit offers for the
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 (including at auction), in
accordance with any terms, conditions, and procedures that 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 deposit the
proceeds of a sale or the cash equalization proceeds, if any, from
an exchange under section 3(a) in the fund established under Public
Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(b) USE OF PROCEEDS.—Amounts deposited under subsection
(a) 
shall 
be 
available 
to 
the 
Secretary, 
without 
further
appropriation—
(1) for the acquisition of, construction of, or rehabilitation
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 deposited exceeds
the amount needed for the purpose described in paragraph
(1), for the acquisition, construction, or rehabilitation of other
facilities in the Panhandle National Forest.
(c) 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 (16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (commonly
known as the ‘‘Weeks Law’’) (16 U.S.C. 500); or
(3) the Act of March 4, 1913 (16 U.S.C. 501).
SEC. 5. ADMINISTRATION.
(a) IN GENERAL.—Land transferred to or otherwise acquired
by the Secretary under this Act shall be managed in accordance
with—
(1) the Act of March 1, 1911 (commonly known as the
‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and
(2) other laws relating to the National Forest System.
(b) EXEMPTION FROM PROPERTY MANAGEMENT REGULATIONS.—
Part 1955 of title 7, Code of Federal Regulations (or any successor
regulation), shall not apply to any actions taken under this Act.
(c) WITHDRAWALS AND REVOCATIONS.—
(1) WITHDRAWAL.—Subject to valid existing rights, all land
described in section 3(a) is withdrawn from—
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118 STAT. 2622
PUBLIC LAW 108–436—DEC. 3, 2004
LEGISLATIVE HISTORY—S. 434:
HOUSE REPORTS: No. 108–740 (Comm. on Resources).
SENATE REPORTS: No. 108–132 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Nov. 24, considered and passed Senate.
Vol. 150 (2004): Nov. 17, considered and passed House.
(A) location, entry, and patent under the mining laws;
and
(B) the operation of the mineral leasing, mineral mate-
rials, and geothermal leasing laws.
(2) REVOCATION OF PUBLIC LAND ORDERS.—As of the date
of this Act, any public land order withdrawing land described
in section 3(a) from all forms of appropriation under the public
land laws is revoked with respect to any portion of the land
conveyed by the Secretary under this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
Approved December 3, 2004.
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