[106th Congress Public Law 526]
[From the U.S. Government Printing Office]
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[DOCID: f:publ526.106]
[[Page 2511]]
BEND PINE NURSERY LAND CONVEYANCE ACT
[[Page 114 STAT. 2512]]
Public Law 106-526
106th Congress
An Act
To authorize the Secretary of Agriculture to sell or exchange all or
part of certain administrative sites and other National Forest System
land in the State of Oregon and use the proceeds derived from the sale
or exchange for National Forest System purposes. <<NOTE: Nov. 22,
2000 - [S. 1936]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Bend Pine Nursery Land
Conveyance Act.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bend Pine Nursery Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
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) Tract A, Bend Pine Nursery, comprising approximately 210
acres, as depicted on site plan map entitled ``Bend Pine Nursery
Administrative Site, May 13, 1999''.
(2) Tract B, the Federal Government owned structures located
at Shelter Cove Resort, Deschutes National Forest, buildings
only, as depicted on site plan map entitled ``Shelter Cove
Resort, November 3, 1997''.
(3) Tract C, portions of isolated parcels of National Forest
Land located in Township 20 south, Range 10 East section 25 and
Township 20 South, Range 11 East sections 8, 9, 16, 17, 20, and
21 consisting of approximately 1,260 acres, as depicted on map
entitled ``Deschutes National Forest Isolated Parcels, January
1, 2000''.
(4) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) Tract F, Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map entitled
``Site Development Plan, Columbia Gorge Ranger Station, April
22, 1964''.
[[Page 114 STAT. 2513]]
(6) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(7) Tract H, Crescent Butte Site, consisting of
approximately .8 acres, as depicted on site plan map entitled
``Crescent Butte Communication Site, January 1, 2000''.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) 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 (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--Subject to paragraph (3), the Secretary may
solicit offers for 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.
(3) Right of first refusal.--The Bend Metro Park and
Recreation District in Deschutes County, Oregon, shall be given
the right of first refusal to purchase the Bend Pine Nursery
described in subsection (a)(1).
(f) Revocations.--
(1) In general.--Any public land order withdrawing land
described in subsection (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.
(2) Effective date.--The effective date of any revocation
under paragraph (1) shall be the date of the patent or deed
conveying the land.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the Umatilla
National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), the acquisition of land and interests in
land in the State.
(c) Administration.--Subject to valid existing rights, the Secretary
shall manage any land acquired by purchase or exchange
[[Page 114 STAT. 2514]]
under this Act in accordance with the Act of March 1, 1911 (16 U.S.C.
480 et seq.) (commonly known as the ``Weeks Act'') and other laws
(including regulations) pertaining to the National Forest System.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or improve administrative
facilities and associated land in connection with the Deschutes National
Forest System by using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out
the acquisition, construction, or improvement, funds
subsequently made available for the acquisition, construction,
or improvement.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Approved November 22, 2000.
LEGISLATIVE HISTORY--S. 1936:
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HOUSE REPORTS: No. 106-938 (Comm. on Resources).
SENATE REPORTS: No. 106-256 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 27, considered and passed Senate.
Oct. 17, considered and passed House, amended.
Oct. 27, Senate concurred in House amendment.
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