Pennsylvania National Forest Improvement Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3514 Received in Senate (RDS)]

2d Session
H. R. 3514

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

October 6, 2004

Received

_______________________________________________________________________

AN ACT

To authorize the Secretary of Agriculture to convey certain lands and
improvements associated with the National Forest System in the State of
Pennsylvania, 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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Pennsylvania
National Forest Improvement Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Disposal of administrative sites, Allegheny National Forest,
Pennsylvania.
Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren
County, Pennsylvania.
Sec. 4. Conveyance of Ridgeway Ranger District Headquarters, Elk
County, Pennsylvania.
Sec. 5. Conveyance of Marienville Ranger Residence, Forest County,
Pennsylvania.
Sec. 6. Disposition of funds.
Sec. 7. Administration of land acquired by United States.
Sec. 8. Relation to other conveyances authorities.

SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST,
PENNSYLVANIA.

(a) Disposal Authority.--The Secretary of Agriculture may convey,
by sale or exchange, any and all right, title, and interest of the
United States in and to the following National Forest System lands and
administrative sites in the Allegheny National Forest, in Pennsylvania:
(1) US Tract 121, Sheffield ranger residence, consisting of
0.41 acres, as depicted on the map titled ``Allegheny Unit,
Allen M. Gibson Tract 121, March 1942''.
(2) US Tract 896, an undeveloped administrative site,
consisting of 2.42 acres, as depicted on the map titled
``Allegheny Unit, Howard L. Harp Tract 896, 1947''.
(3) US Tract 1047 (formerly Tracts 551, 551a,b,c), original
Marienville Ranger District Headquarters, consisting of 4.90
acres, as depicted on the map titled ``Marienville Ranger
Station Compound Tract 1047, August 1998''.
(4) US Tract 844, Marienville ranger residence, as depicted
on the map titled ``Allegheny Unit, Peter B. DeSmet Tract 844,
1936'', except that portion of the tract identified as Lot 2,
on the Survey Plat prepared by D. M. Heller and dated December
12, 1999, which is subject to conveyance under section 5.
(b) Property Descriptions.--The maps referred to in subsection (a)
are the primary descriptions of the lands to which the maps refer. In
the event of a conflict between a map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The maps shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(c) Consideration.--
(1) Authorized consideration.--As consideration for a
conveyance of land under subsection (a), the recipient of the
land, with the consent of the Secretary, may convey to the
Secretary other land, existing improvements, or improvements
constructed to the specifications of the Secretary.
(2) 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 any land and
administrative site exchanged under subsection (a).
(d) Applicable Law.--Except as otherwise provided in this section,
any conveyance of land under subsection (a) shall be subject to the
laws and regulations applicable to the conveyance and acquisition of
land for the National Forest System.
(e) Solicitation of Offers.--
(1) Conveyance priority.--In the selection of the recipient
of land under this section, the Secretary may give a preference
to public entities that agree to use the land for public
purposes.
(2) Terms and conditions.--The Secretary may solicit offers
for the conveyance of land under this section on such terms and
conditions as the Secretary may prescribe.
(3) 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.
(f) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with any conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN
COUNTY, PENNSYLVANIA.

(a) Conveyance Authorized.--The Secretary of Agriculture may convey
to the Warren County Development Association of Warren County,
Pennsylvania, all right, title, and interest of the United States in
and to US Tract 770, Sheffield Ranger District Headquarters, consisting
of 5.50 acres, as depicted on the map titled ``Allegheny Unit, Elk
Tanning Company Tract 770, 1934''.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Warren County Development Association shall make to
the Secretary a lump sum payment of $100,000.
(c) Property Description.--The map referred to in subsection (a) is
the primary description of the lands to which the map refers. In the
event of a conflict between the map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(d) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.

SEC. 4. CONVEYANCE OF RIDGEWAY RANGER DISTRICT HEADQUARTERS, ELK
COUNTY, PENNSYLVANIA.

(a) Conveyance Authorized.--The Secretary of Agriculture may convey
to Ridgeway Township, Pennsylvania, all right, title, and interest of
the United States in and to US Tract 904, consisting of 8.812 acres,
and US Tract 905, consisting of 0.869 acres, Ridgeway Ranger District
Headquarters, as depicted on the maps titled ``Allegheny Unit, Harry R.
Eliza E. Larson Tract 904, 1959'' and ``Allegheny Unit, Leo S. Laura A.
Guth Tract 905, July 1948''.
(b) Consideration.--As consideration for the conveyance under
subsection (a), Ridgeway Township shall pay to the Secretary an amount
equal to the fair market value of the conveyed lands, as determined by
an appraisal acceptable to the Secretary and Ridgeway Township.
(c) Property Description.--The maps referred to in subsection (a)
is the primary description of the lands to which the maps refer. In the
event of a conflict between a map description and the metes and bounds
description of the lands, the map shall be deemed to be the definitive
description of the lands unless the map cannot be located. The maps
shall be on file and available for public inspection in the Office of
the Chief of the Forest Service until the lands are disposed of
pursuant to this section.
(d) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.

SEC. 5. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY,
PENNSYLVANIA.

(a) Conveyance Authorized.--The Secretary of Agriculture may
convey, without consideration, to the Marienville Volunteer Fire
Department of Forest County, Pennsylvania, all right, title, and
interest of the United States in and to that portion of US Tract 844,
Marienville ranger residence, as depicted on the map titled ``Allegheny
Unit, Peter B. DeSmet Tract 844, 1936'', which is identified as Lot 2
on the Survey Plat prepared by D. M. Heller and dated December 12,
1999.
(b) Property Description.--The map referred to in subsection (a) is
the primary description of the lands to which the map refers. In the
event of a conflict between the map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(c) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.

SEC. 6. DISPOSITION OF FUNDS.

(a) Deposit in Sisk Act Fund.--The Secretary of Agriculture shall
deposit in the fund established under Public Law 90-171 (16 U.S.C.
484a; commonly known as the Sisk Act)--
(1) the proceeds of a sale or exchange under section 2; and
(2) the consideration received pursuant to sections 3(b)
and 4(b).
(b) Use of Proceeds.--Subject to subsection (c), funds deposited
under subsection (a) shall be available to the Secretary, without
further appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities and sites for the Allegheny National
Forest; or
(2) the acquisition of land and interests in land in the
Allegheny National Forest.
(c) Condition on Land Acquisition.--The acquisition of lands in the
Allegheny National Forest using funds deposited under subsection (a) is
subject to the condition that the market value of the acquired lands
may not exceed 125 percent of the market value of the lands disposed of
under this Act.

SEC. 7. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES.

Lands acquired by the Secretary of Agriculture under section 6(b)
or by exchange under section 2 shall be managed by the Secretary in
accordance with the Act of March 1, 1911 (commonly known as the Weeks
Act; 16 U.S.C. 480 et seq.) and other laws and regulations pertaining
to National Forest System lands. For the purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Allegheny National Forest, as adjusted on account of
the disposal and acquisition of lands under this Act, shall be
considered to be the boundaries of that national forest as of January
1, 1965.

SEC. 8. RELATION TO OTHER CONVEYANCES AUTHORITIES.

Except as expressly provided in this Act, nothing in this Act
affects any other authority of the Secretary of Agriculture to sell,
exchange, or acquire land. Lands authorized for disposal under this Act
shall not be subject to subchapters II and III of chapter 5 of title
40, United States Code.

Passed the House of Representatives October 5, 2004.

Attest:

JEFF TRANDAHL,

Clerk.