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H.R. 4559 (109th): To provide for the conveyance of certain National Forest System land to the towns of Laona and Wabeno, Wisconsin, and for other purposes.


The text of the bill below is as of Dec 15, 2005 (Introduced).


I

109th CONGRESS

1st Session

H. R. 4559

IN THE HOUSE OF REPRESENTATIVES

December 15, 2005

introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To provide for the conveyance of certain National Forest System land to the towns of Laona and Wabeno, Wisconsin, to authorize the Secretary of Agriculture to convey certain isolated parcels of National Forest System land in Florence and Langlade Counties, Wisconsin, and for other purposes.

1.

Conveyance of Chequamegon-Nicolet National Forest land to towns of Laona and Wabeno, Wisconsin

(a)

Conveyance to town of laona

(1)

Conveyance

At the request of the town of Laona, Wisconsin (referred to in this subsection as the town), the Secretary of Agriculture shall convey to the town all right, title, and interest of the United States in and to the parcel of National Forest System land in Forest County, Wisconsin, consisting of approximately 176 acres, as further described in paragraph (2), for the purpose of permitting the town to use the parcel as a site for an industrial park and for other purposes.

(2)

Legal description

The parcel of land referred to in paragraph (1) consists of the N½SW¼, SW¼NW¼, S½SE¼NW¼, and that part of the W½NE¼ lying south of the Rat River, excluding Lot #1 of Forest County Certified Survey Map #157861 and a 100-foot wide former rail road right-of-way running through the W½NE¼, all in section 6, township 35 north, range 15 east, Laona Township, Forest County, Wisconsin.

(3)

Consideration

As consideration for the conveyance under this subsection, the town shall pay to the Secretary an amount equal to $300,000, which is the appraised fair market value of the parcel of National Forest System land to be conveyed.

(b)

Conveyance to town of wabeno

(1)

Conveyance

At the request of the town of Wabeno, Wisconsin (referred to in this subsection as the town), the Secretary of Agriculture shall convey to the town all right, title, and interest of the United States in and to the parcel of National Forest System land in Forest County, Wisconsin, consisting of approximately 173 acres, as further described in paragraph (2), for the purpose of permitting the town to use the parcel as a site for an industrial park and for other purposes.

(2)

Legal description

The parcel of land referred to in paragraph (1) consists of the S½NW¼, E½SW¼, and east 17.30 acres of the NW¼SW¼, excluding a 100-foot wide former rail road right-of-way running through the NE¼SW¼ and SE¼NW¼ and a 0.02 acre parcel in the SW¼NW¼, a 0.93 acre parcel in the SE¼SW¼, and a 2.36 acre parcel in the E½SW¼ reserved for highway purposes, as described in volume 7, 276-277, Forest County Records, and all in section 7, township 34 north, range 15 east, Wabeno Township, Forest County, Wisconsin.

(3)

Consideration

As consideration for the conveyance under this subsection, the town shall pay to the Secretary an amount equal to $320,000, which is the appraised fair market value of the parcel of National Forest System land to be conveyed.

(c)

Survey

If necessary, the exact acreage and legal description of the lands to be conveyed under subsections (a) and (b) shall be determined by surveys satisfactory to the Secretary. The cost of a survey shall be borne by the recipient of the land.

(d)

Additional terms and conditions

The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

2.

Authority to sell certain Chequamegon-Nicolet National Forest lands in Florence and Langlade Counties, Wisconsin

(a)

Authority to convey

The Secretary of Agriculture may sell all right, title, and interest of the United States in and to the parcels of National Forest System land described in subsection (b), which are located outside of the contiguous boundary of the Chequamegon-Nicolet National Forest in Florence County and Langlade County, Wisconsin.

(b)

Covered parcels

(1)

Legal description

The parcels of land referred to in subsection (a) consist of the following:

(A)

Approximately 480 acres in the NE¼NE¼ and the S½NE¼ of section 9, the S½NE¼ of section 25, and the NE¼, the SW¼NW¼, and the E½NW¼ of section 36, township 39 north, range 16 east, Florence County, Wisconsin.

(B)

Approximately 80 acres in the E½NW¼ of section 22, township 33 north, range 9 east, Langlade County, Wisconsin.

(2)

Modification

For the purpose of soliciting offers for the purchase of the land authorized to be sold under this section, the Secretary may modify the legal descriptions specified in paragraph (1) based on a survey of the land or a determination by the Secretary that the modification would be in the best interest of the public.

(c)

Methods of sale

The Secretary may sell the land authorized to be sold under this section at public or private sale, including at auction, in accordance with such terms, conditions, and procedures as the Secretary determines to be appropriate. The Secretary may reject any offer received under this section if the Secretary determines that the offer is not adequate or is not in the public interest. To facilitate the sale of the land, the Secretary may use a real estate broker and pay the real estate broker a commission in an amount that is comparable to the amounts of commission generally paid for real estate transactions in the area in which the sale occurs.

(d)

Consideration

As consideration for the purchase of land under this section, the purchaser shall pay to the United States an amount equal to the fair market value of the land, as determined by an appraisal satisfactory to the Secretary and conforming to the Uniform Appraisal Standards for Federal Land Acquisitions.

(e)

Deposit and use of proceeds

(1)

Deposit

The Secretary shall deposit the proceeds from the sale of land under this section in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a).

(2)

Use

Funds deposited pursuant to paragraph (1) shall be available to the Secretary, without further appropriation and until expended—

(A)

to acquire land and interests in land for inclusion in the Chequamegon-Nicolet National Forest in Wisconsin; and

(B)

to reimburse costs incurred by the Secretary in carrying out land sales under this section, including the payment of real estate broker commissions under subsection (c).

(3)

Administration

The lands acquired under this section shall be included in the Chequamegon-Nicolet National Forest and administered in accordance with the laws applicable to that National Forest.

(f)

Withdrawal

Subject to valid existing rights, the land authorized to be sold under subsection (a) is withdrawn from location, entry, and patent under the public land laws, mining laws, and mineral leasing laws, including geothermal leasing laws.

(g)

Additional terms and conditions

The Secretary may require such additional terms and conditions in connection with a sale of land under this section as the Secretary considers appropriate to protect the interests of the United States.