II
113th CONGRESS
2d Session
S. 2604
IN THE SENATE OF THE UNITED STATES
July 15, 2014
Mr. Chambliss (for himself and Mr. Isakson) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To authorize the sale of certain National Forest System land in the State of Georgia.
Short title
This Act may be cited as
the Chattahoochee-Oconee National Forest Land Adjustment Act of 2014
.
Findings and definition
Findings
Congress finds that—
certain National Forest System land in the State of Georgia consists of isolated tracts that are inefficient to manage or have lost their principal value for National Forest purposes;
the disposal of that land would be in the public interest; and
proceeds from the sale of land authorized by this Act would be used best by the Forest Service to purchase land for National Forest purposes in the State of Georgia.
Definition of Secretary
In this Act, the term Secretary means the Secretary of Agriculture.
Land conveyance authority
In general
The Secretary is authorized, under such terms and conditions as the Secretary may prescribe to sell or exchange any or all rights, title, and interest of the United States in the National Forest System land described in subsection (b).
Land authorized for disposal
In general
The National Forest System land subject to sale or exchange
under this Act are 30 tracts of land totaling approximately 3,841 acres,
which
are generally depicted on 2 maps entitled Priority Land Adjustments,
State of Georgia, U.S. Forest Service–Southern Region, Oconee and
Chattahoochee
National
Forests, U.S. Congressional Districts–8, 9, 10 & 14
and dated September 24, 2013.
Maps
The maps described in paragraph (1) shall be on file and available for public inspection in the Office of the Forest Supervisor, Chattahoochee-Oconee National Forest, until such time as the land is sold or exchanged.
Modification of boundaries
The Secretary may modify the boundaries of the land described in paragraph (1) based on land management considerations.
Form of conveyance
Quitclaim deed
The Secretary shall convey land sold under this Act by quitclaim deed.
Reservations
The Secretary may reserve any rights-of-way or other rights or interests in land sold or exchanged under this Act that the Secretary considers necessary for management purposes or to protect the public interest.
Valuation
Market value
The Secretary may not sell or exchange land under this Act for less than market value, as determined by appraisal or through competitive bid.
Appraisal requirements
Any appraisal shall be—
consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice; and
subject to the approval of the Secretary.
Consideration
Cash
Consideration for a sale of land or equalization of an exchange shall be paid in cash.
Exchange
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 any land exchanged.
Method of sale
Options
The Secretary may sell land under subsection (a) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interest of the United States.
Solicitations
The Secretary may—
make public or private solicitations for the sale or exchange of land authorized by this Act; and
reject any offer that the Secretary determines is not adequate or not in the public interest.
Brokers
The Secretary may—
use brokers or other third parties in the disposition of the land authorized by this Act; and
from the proceeds of a sale, pay reasonable commissions or fees.
Treatment of proceeds
Deposit
The
Secretary shall deposit the proceeds of a sale authorized by this Act in
the
fund established under Public Law 90–171 (commonly known as the Sisk
Act
) (16 U.S.C. 484a).
Availability
Subject to subsection (c), amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land for National Forest purposes in the State of Georgia.
Private property protection
Nothing in this Act authorizes the use of funds deposited under subsection (a) to be used to acquire land without the written consent of the owner of the land.