To provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land, and for other purposes.

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3299 Referred in Senate (RFS)]

2d Session
H. R. 3299

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 23 (legislative day, September 17), 2008

Received

October 2 (legislative day, September 17), 2008

Read twice and referred to the Committee on Energy and Natural
Resources

_______________________________________________________________________

AN ACT

To provide for a boundary adjustment and land conveyances involving
Roosevelt National Forest, Colorado, to correct the effects of an
erroneous land survey that resulted in approximately 7 acres of the
Crystal Lakes Subdivision, Ninth Filing, encroaching 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. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL
FOREST, COLORADO.

(a) Boundary Adjustment.--The boundaries of Roosevelt National
Forest, Colorado, are hereby modified to exclude from the national
forest a parcel of real property consisting of approximately 7 acres
within the Crystal Lakes Subdivision as depicted on the map entitled
``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008.
(b) Conveyance of Land Removed From National Forest.--The Secretary
of Agriculture shall use the authority provided by Public Law 97-465
(commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey
all right, title, and interest of the United States in and to the real
property excluded from the boundaries of Roosevelt National Forest
under subsection (a) to the landowners whose real property adjoins the
excluded land and who, as of the date of the enactment of this Act,
occupy the excluded land.
(c) Consideration.--The conveyances required by subsection (b)
shall be made without consideration.
(d) Description of Real Property.--The exact acreage and legal
description of the land excluded from the boundaries of Roosevelt
National Forest under subsection (a) and conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.

SEC. 2. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA.

(a) In General.--The Secretary of Commerce may sell or exchange to
the City of Norfolk, Virginia, in accordance with chapter 13 of title
40, United States Code, real property under the administrative
jurisdiction of the National Oceanic and Atmospheric Administration (in
this section referred to as ``NOAA''), including land and improvements
thereon, located at 538 Front Street, Norfolk, Virginia, consisting of
approximately 3.78 acres, if the Secretary--
(1) determines that the conveyance is in the best interests
of NOAA and the Federal Government; and
(2) has provided prior notification to the Committee on
Natural Resources and the Committee on Appropriations of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations
of the Senate.
(b) Consideration.--
(1) In general.--For any conveyance under this section the
Secretary shall require the City of Norfolk to provide
consideration to the United States that is not less than the
fair market value of the property conveyed by the United
States.
(2) Form.--Consideration under this subsection may include
any combination of--
(A) cash or cash equivalents;
(B) other property (either real or personal); and
(C) consideration in-kind, including--
(i) provision of space, goods, or services
of benefit to NOAA including construction,
repair, remodeling, or other physical
improvements of NOAA property;
(ii) maintenance of NOAA property;
(iii) provision of office, storage, or
other useable space; or
(iv) relocation services associated with
conveyance of property under this section.
(3) Determination of fair market value.--The Secretary
shall determine fair market value for purposes of paragraph (1)
based upon a highest- and best-use appraisal of the property
conveyed under subsection (a) conducted in conformance with the
Uniform Appraisal Standards for Professional Appraisal
Practice.
(c) Use of Proceeds.--Amounts received under subsection (b)(2)(A)
by the United States as proceeds of any conveyance under this section
shall be available to the Secretary, subject to appropriation, for--
(1) activities related to the operations of, or capital
improvements, to NOAA property; or
(2) relocation and other costs associated with the sale or
exchange.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
of property by the United States under subsection (a) as the Secretary
considers appropriate to protect the interest of the United States,
including the recoupment of any profit the City of Norfolk may realize
within three years after the date of conveyance to the City due to
resale of the property
(e) Termination.--The authority granted to the Secretary under
subsections (a) and (b) shall terminate at the end of the 24-month
period beginning on the date of enactment of this Act if no contract
for sale or exchange under subsection (a) has been entered into by the
City of Norfolk and the United States.

Passed the House of Representatives September 22, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.