[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Printing Office, www.gpo.gov] 118 STAT. 2620 Public Law 108-436 108th Congress An Act To authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes. NOTE: Dec. 3, 2004 - [S. 434] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, NOTE: Idaho Panhandle National Forest Improvement Act of 2004. SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Panhandle National Forest Improvement Act of 2004''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. 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) Granite/Reeder Bay, Priest Lake Parcel, T61N, R4E, Boise Principal Meridian, section 17, S\1/2\NE\1/4\ (80 acres, more or less). (2) North South Ski area, T43N, R3W, Boise Principal Meridian, section 13, SE\1/4\SE\1/4\SW\1/4\, S\1/2\SW\1/4\SE\1/ 4\, NE\1/4\SW\1/4\SE\1/4\, and SW\1/4\SE\1/4\SE\1/4\ (50 acres more or less). (3) Shoshone work camp (including easements for utilities), T50N, R4E, Boise Principal Meridian, section 5, a portion of the S\1/2\SE\1/4\ (19 acres, more or less). (b) Descriptions.--The Secretary may modify the descriptions in subsection (a) to correct errors or to make minor adjustments to the parcels in order to facilitate the conveyance of the parcels. (c) Consideration.--Consideration for a sale or exchange of land under subsection (a)-- (1) shall be equal to the fair market value of the land; and (2) may include cash or improved or unimproved land. (d) 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 applicable to the conveyance and acquisition of land for the National Forest System. (e) Valuation.--The market value of the land and the improvements to be sold or exchanged under this Act shall be determined by an appraisal that is acceptable to the Secretary and conforms [[Page 2621]] 118 STAT. 2621 with the Uniform Appraisal Standards for Federal Land Acquisitions. (f) Cash Equalization.--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 land exchanged under subsection (a). (g) Solicitations of Offers.-- (1) In general.--The Secretary may solicit offers for the 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. (h) Methods of Sale.--The Secretary may sell land under subsection (a) at public or private sale (including at auction), in accordance with any terms, conditions, and procedures that the Secretary determines to be in the best interests of the United States. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or the cash equalization proceeds, if any, from an exchange under section 3(a) in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (b) Use of Proceeds.--Amounts deposited under subsection (a) shall be available to the Secretary, without further appropriation-- (1) for the acquisition of, construction of, or rehabilitation of existing facilities for, a new ranger station in the Silver Valley portion of the Panhandle National Forest; or (2) to the extent that the amount of funds deposited exceeds the amount needed for the purpose described in paragraph (1), for the acquisition, construction, or rehabilitation of other facilities in the Panhandle National Forest. (c) Nondistribution of Proceeds.--Proceeds from the sale or exchange of land under this Act shall not be paid or distributed to States or counties under any provision of law, or otherwise treated as money received from a national forest, for purposes of-- (1) the Act of May 23, 1908 (16 U.S.C. 500); (2) section 13 of the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 500); or (3) the Act of March 4, 1913 (16 U.S.C. 501). SEC. 5. ADMINISTRATION. (a) In General.--Land transferred to or otherwise acquired by the Secretary under this Act shall be managed in accordance with-- (1) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 480 et seq.); and (2) other laws relating to the National Forest System. (b) Exemption From Property Management Regulations.--Part 1955 of title 7, Code of Federal Regulations (or any successor regulation), shall not apply to any actions taken under this Act. (c) Withdrawals and Revocations.-- (1) Withdrawal.--Subject to valid existing rights, all land described in section 3(a) is withdrawn from-- [[Page 2622]] 118 STAT. 2622 (A) location, entry, and patent under the mining laws; and (B) the operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Revocation of public land orders.--As of the date of this Act, any public land order withdrawing land described in section 3(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. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Approved December 3, 2004. LEGISLATIVE HISTORY--S. 434: --------------------------------------------------------------------------- HOUSE REPORTS: No. 108-740 (Comm. on Resources). SENATE REPORTS: No. 108-132 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 149 (2003): Nov. 24, considered and passed Senate. Vol. 150 (2004): Nov. 17, considered and passed House.