Date: 1982-08-19
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. there is no objection. The Senate proceeded to consider the bill to authorize the Secretary of Agriculture to convey certain National Forest System lands. and for other purposes. which had been reported from the Committee on Agriculture. Nutrition. and Forestry with an amendment to strike out all after the enacting clause. and insert the following: That for purposes of thiu Act(1) the term "person" includes -any State or any political subdivision or entity thereof. (2) the term "interchange" means a land transfer in which the Secretary and another person exchange titles to lands or interest in lands under such regulations as the Secretary may prescribe: and (3) the term "Secretary" means the Secretary of Agriculture of the United States. SEc. 2. The Secretary is authorized. when the Secretary determines it to be in the public interest- (1) to sell. exchange. or interchange by quitelaim deed. all right. title. and interest. including the mineral estate. of the United States in and to National Forest System lands described in section 3. and (2) to accept as consideration for the lands sold. exchanged. or interchanged other lands. interests in lands. or cash payment. or any combination of such forms of consideration. which. in the case of conveyance by sale or exchange. is at least equal in value. including the mineral estate. or. in the case of conveyance by interchange. Is of value. including the mineral estate. to the lands being conveyed by the Secretary. SEc. 3. The National Forest System lands which may be sold. exchanged. or interchanged under this Act are those the sale or exchange of whici is not practicable under any other authority of the Secretary. which have a value as determined by the Secretary of not more that $150.000. and which are(1) parcels of forty acres or less which are interspersed with or adjacent to lands which have been transferred out of Federal ownership under the mining laws and which are determined by the Secretary. because of location or size. not to be subject to efficient administration: (2) parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title by persons to whom no advance notice was given that the improvements encroached or would encroach upon such parcels. and who in good faith relied upon an erroneous survey. title search. or other land description that there was not such encroachment. or (3) road rightsofway. reserved or acquired. which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States. subject to the first right of abutting landowners to acquire such rightsofway. SEC. 4. Any person to whom lands are conveyed under this Act shall bear all reasonable costs of administration. survey. and appraisal incidental to such conveyance. as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under this Act. the Secretary may. In those cases in which the Secretary determines it would be consistent with the public interest. exclude from such determination the value of any improvements to the lands made by any person other than the Government. In the case of road rightsofway conveyed under this Act. the person to whom the rightofway is conveyed shall reimburse the United States for the value of any improvements to such rightofway which may have been made by the United States. The Secretary may. in those cases in which the Secretary determines that it would be consistent with the public interest. waive payment by any person of costs incidental to such conveyance or reimbursement by any person for the value of improvements to rightsofway otherwise required by this section. SEc. 5. Conveyance of any road rightsofway under ths Act shall not be construed as permitting any designation. maintenance. or use of such rightsofway for road or other purposes except to the extent permitted by State or local law and under conditions imposed by such law. SEc. 6. The Secretary shall issue regulations to carry out the provisions of this Act. including specification of(1) criteria tAbich shall be used in making the determintion as to what constitutes the public interest. (2) the definition of and the procedure for determining "approximate value". and (3) factors relating to location or size which shall be considered in connection with determining the lands to be sold. exchanged. or interchanged under clause (1) of section 3. SEc. 7. Nothing in this Act shall authorize conveyance of Federal lands within the National Wilderness Preservation System. SEC. 8. The Act of December 4. 1967 (81 Stat. 531). is amended by inserting before the phrase "public school district" wherever it appears. and before the phrase "public school authority" the second time it appears. the words "State. county. or municipal government or". and from the Committee on Energy and Natural Resources with amendments to the reported amendment of the Committee on Agriculture. Nutrition. and Forestry. as follows: On page 5. line 15. after "lands". insert the following: "of approximately equal value where the Secretary finds that such a value determination can be made without a formal appraisal and." On page 6. line 9. strike "approximate value.". and insert "approximately equal value.": On page 6. after line 11. insert the following: "The Secretary shall insert in any such quitclaim deed such terms. convenants. conditions. and reservations as the Secretary deems necessary to ensure protection of the public interest. including protection of the scenic. wildlife. and recreation values of the National Forest System and provision for appropriate public access to and use of lands within the System. The preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System.". On page 8. line 5. strike "consistent with the public interest". and insert "in the public interest.". On page 8. beginning on line 13. strike "consistent with the public interest.". and insert "in the public interest.". On page 8. beginning on line 15. strike "such conveyance". and insert "any conveyance authorized by this Act". On page 9. line 4. strike "approximate value" and insert "approximately equal value ". On page 9. line 12. strike "System.". and insert the following: "System. National Wild and Scenic Rivers System. National Trails System. or National Monuments. Nothing in this Act shall authorize sale of Federal lands. within National Recreation Areas.". On page 9. line 17. strike "Sec. 8.". and insert "Sec. 8. (a)". On page 9. after line 21. insert the following. "(bW The Act of December 4. 1967 (81 Stat. 531). is further amended by adding the following at the end thereof "Lands may be conveyed to any State.. county. or municipal government pursuant to this Act only if the lands were being utilized by such entities on the date of enactment of this sentence. Lands so conveyed may be used only for the purposes for which they were being used prior to conveyance.".