S 1184 IS

To authorize the Secretary of Agriculture to dispose of land for recreation or other public purposes.

May 27, 1999

Mr. DOMENICI (for himself and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To authorize the Secretary of Agriculture to dispose of land for recreation or other public purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `National Forest System Community Purposes Act'.

SEC. 2. FINDINGS.

Congress finds that--

(1) communities adjacent to and surrounded by National Forest System land have limited opportunities to acquire land for recreational and other public purposes;

(2) in many cases, such recreational and other public purposes are not within the mission of the Forest Service, but would not be inconsistent with land and resource management plans developed for the adjacent national forest;

(3) such communities are often unable to acquire land for recreational and other public purposes due to the extremely high market value of private land resulting from the predominance of Federal land in the local area; and

(4) the national forests and adjacent communities would mutually benefit from a process similar to that available to the Bureau of Land Management under the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.).

SEC. 3. DEFINITIONS.

In this Act:

(1) HAZARDOUS SUBSTANCE- The term `hazardous substance' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601).

(2) PARCEL-

(A) IN GENERAL- The term `parcel' means a parcel of land under the jurisdiction of the Forest Service that has been withdrawn from the public domain.

(B) EXCLUSION- The term `parcel' does not include land set aside or held for the benefit of Indians.

(3) SECRETARY- The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service.

SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM LAND FOR PUBLIC OR RECREATIONAL PURPOSES.

(a) AUTHORITY- The Secretary may dispose of National Forest System land to a State or a political subdivision of a State as provided in this section on the condition that the parcel be used for recreational and other public purposes, as determined by the Secretary.

(b) CONDITIONS OF DISPOSAL- Before any parcel may be disposed of or any application for a transfer of title to or a change in use of a parcel is approved under this section, the Secretary shall determine that--

(1) the parcel is to be used for an established or definitely proposed project;

(2) the parcel is not of national significance, as determined by the Secretary;

(3) the acreage is not more than is reasonably necessary for the proposed use; and

(4) in the case of a parcel of more than 640 acres, comprehensive land use plans and zoning regulations applicable to the area in which the parcel is located have been adopted by the appropriate State or local authority.

(c) PUBLIC PARTICIPATION- The Secretary shall--

(1) provide an opportunity for participation by affected citizens in disposals under this section, including public hearings or meetings where appropriate, to provide public comments;

(2) hold at least 1 public meeting on any proposed disposal of more than 640 acres.

(d) PARCELS WITHDRAWN IN AID OF FUNCTIONS OF FEDERAL AND STATE AGENCIES- If a parcel has been withdrawn in aid of a function of a Federal agency other than the Department of Agriculture or of an agency of a State or political subdivision of a State (including a water district), the Secretary may dispose of the parcel under this section only with the consent of the agency.

(e) CONVEYANCES AND LEASES-

(1) CONVEYANCES- The Secretary may convey a parcel to the State or a political subdivision of the State in which the parcel is located if the proposed

use is not inconsistent with applicable land and resource management plans under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).

(2) LEASES- The Secretary may lease a parcel to the State or a political subdivision of the State in which the parcel is located, at a reasonable annual rental, for a period up to 25 years, and, at the discretion of the Secretary, with a privilege of renewal for a like period, if the proposed use is not inconsistent with applicable land and resource management plans under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).

(3) CONSIDERATION-

(A) IN GENERAL- Except as provided under subparagraph (B), the conveyance or lease of a parcel under this section shall be made at a price to be fixed by the Secretary, consistent with the pricing structure established by the Secretary of the Interior under the Act of June 14, 1926 (43 U.S.C. 869 et seq.).

(B) EXCEPTIONS- A conveyance of a parcel for the purpose of a historic monument or a conveyance or lease of a parcel for recreational purposes under this section shall be made without monetary consideration.

(f) RESERVATION OF MINERAL RIGHTS- Each conveyance or lease under this section shall contain a reservation to the United States of all mineral deposits in the parcel conveyed or leased and of the right to mine and remove the mineral deposits under applicable laws (including regulations).

(g) USE OF THE LEASED LAND FOR UNAUTHORIZED PURPOSES- Each lease under this section shall contain a provision for termination of the lease on a finding by the Secretary that--

(1) the parcel has not been used by the lessee as specified in the lease for a period greater than 5 years; or

(2) the parcel or any part of the parcel is being devoted to a use other than that for which the lease was made.

(h) CONDITIONS OF CONVEYANCE; REVERSION FOR NONCOMPLIANCE-

(1) CONDITIONS OF CONVEYANCE-

(A) TRANSFER OF TITLE-

(i) IN GENERAL- Except as provided in clause (ii), title to a parcel conveyed by the Secretary under this section may not be transferred by the grantee or a successor of the grantee.

(ii) EXCEPTION- With the consent of the Secretary, title to a parcel may be transferred to the State or a political subdivision of the State in which the parcel is located.

(B) USE-

(i) IN GENERAL- Except as provided in clause (ii), a grantee or a successor of the grantee may not change the use specified in the conveyance of a parcel under this section to another or additional use.

(ii) EXCEPTION- With the consent of the Secretary, the use of a parcel may be changed to another recreational or public use.

(2) REVERSION FOR NONCOMPLIANCE- If at any time after a parcel is conveyed by the Secretary, the grantee or a successor of the grantee, without the consent of the Secretary, attempts to transfer title to or control over the parcel to another person or entity or to devote the parcel to a use other than that for which the parcel was conveyed, title to the parcel shall revert to the United States.

(i) PRIOR CONVEYANCES- On application by the State or a political subdivision of the State in which a parcel is located, the Secretary may authorize a transfer of title or a change in use in accordance with subsection (h) with respect to any parcel conveyed under this section or any other law.

(j) CESSATION OF EFFECTIVENESS OF REVERTER CLAUSE- If the Secretary authorizes a transfer of title or a change in use under subsection (i), all reverter provisions and other limitations on transfer or use, under this section or any other Act affecting the parcel, shall cease to be in effect 25 years after the Secretary authorizes the transfer or use for a changed or additional purpose.

(k) SOLID WASTE DISPOSAL SITES-

(1) CONVEYANCE FOR THE PURPOSES OF SOLID WASTE DISPOSAL- If the Secretary receives an application for conveyance of a parcel under this section for the purpose of solid waste disposal or for another purpose that the Secretary finds may include the disposal, placement, or release of any hazardous substance, the Secretary may convey the parcel subject only to this subsection.

(2) INVESTIGATION-

(A) IN GENERAL- Before any conveyance of a parcel under this subsection, the Secretary

shall investigate the parcel to determine whether any hazardous substance is present on the parcel.

(B) ELEMENTS OF AN INVESTIGATION- An investigation under subparagraph (A) shall include--

(i) a review of any available records of the use of the parcel; and

(ii) all appropriate analyses of the soil, water, and air associated with the parcel.

(C) PRESENCE OF A HAZARDOUS SUBSTANCE- A parcel shall not be conveyed under this subsection if the investigation indicates that any hazardous substance is present on the parcel.

(3) SUBMISSION TO OTHER STATE AND FEDERAL AGENCIES- No application for conveyance under this subsection shall be acted on by the Secretary until the applicant has furnished evidence, satisfactory to the Secretary, that a copy of the application and information concerning the proposed use of the parcel covered by the application has been provided to the Environmental Protection Agency and to all other State and Federal agencies with responsibility for enforcement of Federal and State laws applicable to land used for the disposal, placement, or release of solid waste or any hazardous substance.

(4) WARRANTY- No application for conveyance under this subsection shall be acted on by the Secretary until the applicant gives a warranty that--

(A) use of the parcel covered by the application will be consistent with all applicable Federal and State laws, including laws dealing with the disposal, placement, or release of hazardous substances; and

(B) the applicant will hold the United States harmless from any liability that may arise out of any violation of any such law.

(5) REQUIREMENTS- A conveyance under this subsection shall be made to the extent that the applicant demonstrates to the Secretary that the parcel covered by an application meets all applicable State and local requirements and is appropriate in character and reasonable in acreage in order to meet an existing or reasonably anticipated need for solid waste disposal or for another proposed use that the Secretary finds may include the disposal, placement, or release of any hazardous substance.

(6) CONDITIONS-

(A) IN GENERAL- A conveyance of a parcel under this subsection shall be subject to the conditions stated in this paragraph.

(B) REVERTER-

(i) IN GENERAL- The instrument of conveyance shall provide that the parcel shall revert to the United States unless substantially all of the parcel has been used, on or before the date that is 5 years after the date of conveyance, for the purpose specified in the application, or for other use or uses authorized under subsection (b) with the consent of the Secretary.

(ii) LIMITATION- No portion of a parcel that has been used for solid waste disposal or for any other purpose that the Secretary finds may result in the disposal, placement, or release of a hazardous substance shall revert to the United States.

(C) PAYMENT TO THE SECRETARY ON FURTHER CONVEYANCE- If at any time after conveyance any portion of a parcel has not been used for the purpose specified in the application, and the entity to which the parcel was conveyed by the Secretary transfers ownership of the unused portion to any other person or entity, the transferee shall be liable to pay the Secretary the fair market value of the transferred portion as of the date of the transfer, including the value of any improvements on that portion.

(D) USE OF PAYMENTS- Subject to the availability of appropriations, all amounts received by the Secretary under subparagraph (C) shall be retained by the Secretary, shall be available to the Secretary for use for the management of National Forest System land, and shall remain available until expended.

END