[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.


This Act may be cited as the ``Idaho Panhandle National Forest
Improvement Act of 2004''.


In this Act, the term ``Secretary'' means the Secretary of

(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
(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.


(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;
(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).


(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.


There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Approved December 3, 2004.


HOUSE REPORTS: No. 108-740 (Comm. on Resources).
SENATE REPORTS: No. 108-132 (Comm. on Energy and Natural Resources).
Vol. 149 (2003):
Nov. 24, considered and passed
Vol. 150 (2004):
Nov. 17, considered and passed