,,ii #aaeth ,,congress #ast ,session ,s4 #agje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #b1 #bjag ,mr4 ,bennet 7for himself and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to provide to the ,secretary of ,agriculture the ability to enter into a lease agreement for administrative sites on ,national ,forest ,system land1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,forest ,service ,flexible ,partnerships ,act of #bjag4 #b4 ,authorization for lease of ,forest ,service sites 7a7 ,definitions ,in this ,act3 7#a7 ,administrative site 7,a7 ,in general ,the term administrative site means-- 7i7 any facility or improvement1 including curtilage1 that was acquired or is used specifically for purposes of administration of the ,national ,forest ,system2 7ii7 any ,federal land that-- 7,i7 is associated with a facility or improvement described in clause 7i7 that was acquired or is used specifically for purposes of administration of ,forest ,service activities2 and 7,,ii7 underlies or abuts the facility or improvement2 and 7iii7 for each fiscal year1 not more than #aj isolated1 undeveloped parcels of not more than #dj acres each4 7,b7 ,exclusions ,the term administrative site does not include-- 7i7 any land within a unit of the ,national ,forest ,system that is exclusively designated for natural area or recreational purposes2 7ii7 any land within-- 7,i7 a component of the ,national ,wilderness ,preservation ,system2 7,,ii7 a component of the ,national ,wild and ,scenic ,rivers ,system2 or 7,,iii7 a ,national ,monument2 or 7iii7 any ,federal land that the ,secretary determines-- 7,i7 is needed for resource management purposes or to provide access to other land or water2 or 7,,ii7 would be in the public interest not to lease4 7#b7 ,facility or improvement ,the term facility or improvement includes-- 7,a7 a forest headquarters2 7,b7 a ranger station2 7,c7 a research station or laboratory2 7,d7 a dwelling2 7,e7 a warehouse2 7,f7 a scaling station2 7,g7 a fire-retardant mixing station2 7,h7 a fire-lookout station2 7,i7 a guard station2 7,j7 a storage facility2 7,k7 a telecommunication facility2 and 7,l7 any other administrative installation for conducting ,forest ,service activities4 7#c7 ,market analysis ,the term market analysis means the identification and study of the market for a particular economic good or service4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,authorization ,the ,secretary may lease an administrative site that is under the jurisdiction of the ,secretary in accordance with this ,act4 7c7 ,identification of eligible sites ,a regional forester1 in consultation with forest supervisors in the region1 may submit to the ,secretary a recommendation for administrative sites in the region that the regional forester considers eligible for leasing under this ,act4 7d7 ,consultation with local government and public notice ,before making an administrative site available for lease under this ,act1 the ,secretary shall-- 7#a7 consult with local governmental officials of the community1 and governmental officials of the ,state1 in which the administrative site is located2 and 7#b7 provide public notice of the proposed lease4 7e7 ,lease requirements 7#a7 ,size ,an administrative site or compound of administrative sites under a single lease under this ,act may not exceed #dj acres4 7#b7 ,configuration of administrative sites 7,a7 ,in general ,to facilitate the lease of an administrative site under this ,act1 the ,secretary may configure the administrative site-- 7i7 to maximize the marketability of the administrative site2 and 7ii7 to achieve management objectives4 7,b7 ,separate treatment of facility or improvement ,a facility or improvement on an administrative site to be leased under this ,act may be severed from the land and leased under a separate lease under this ,act4 7#c7 ,consideration 7,a7 ,in general ,a person to which a lease of an administrative site is made under this ,act shall provide to the ,secretary consideration described in subparagraph 7,b7 in an amount that is not less than the market value of the administrative site1 as determined in accordance with subparagraph 7,c74 7,b7 ,form of consideration ,the consideration referred to in subparagraph 7,a7 may be-- 7i7 cash2 7ii7 in-kind1 including-- 7,i7 the construction of new facilities or improvements1 title to which the lessee transfers to the ,secretary1 for use by the ,secretary2 7,,ii7 the maintenance1 repair1 improvement1 or restoration of existing facilities or improvements2 and 7,,iii7 other services relating to activities that occur on the administrative site as the ,secretary considers appropriate2 or 7iii7 any combination of the consideration described in clauses 7i7 and 7ii74 7,c7 ,determination of ,market ,value 7i7 ,in general ,the ,secretary shall determine the market value of an administrative site to be leased under this ,act-- 7,i7 by conducting an appraisal in accordance with-- 7aa7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions established in accordance with the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq472 and 7bb7 the ,uniform ,standards of ,professional ,appraisal ,practice2 or 7,,ii7 by competitive lease4 7ii7 ,in-kind consideration ,the ,secretary shall determine the market value of any in-kind consideration under subparagraph 7,b77ii7 by a process determined by the ,secretary to be appropriate for the form of the in-kind consideration4 7#d7 ,conditions ,the lease of an administrative site under this ,act shall be subject to such conditions1 including bonding1 as the ,secretary determines to be appropriate4 7f7 ,relation to other laws 7#a7 ,federal property disposal ,chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 shall not apply to the lease of an administrative site under this ,act4 7#b7 ,lead-based paint and asbestos abatement 7,a7 ,in general ,notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint or asbestos-containing building materials1 the ,secretary shall not be required to mitigate or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be leased under this ,act4 7,b7 ,procedures ,with respect to an administrative site to be leased under this ,act that has lead-based paint or asbestos-containing building materials1 the ,secretary shall-- 7i7 provide notice to the person to which the administrative site will be leased of the presence of the lead-based paint or asbestos-containing building material2 and 7ii7 obtain written assurance from that person that the person will comply with applicable ,federal1 ,state1 and local laws relating to the management of lead-based paint and asbestos-containing building materials4 7#c7 ,environmental review ,the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall apply to the lease of an administrative site under this ,act1 except that1 in any environmental review or analysis required under that ,act for the lease of an administrative site under this ,act1 the ,secretary shall be required only-- 7,a7 to analyze the most reasonably foreseeable use of the administrative site1 as determined through a market analysis2 7,b7 to determine whether to include any conditions under subsection 7e77#d72 and 7,c7 to evaluate the alternative of not leasing the administrative site in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7g7 ,use of consideration ,cash consideration for a lease of an administrative site under this ,act shall be available to the ,secretary1 until expended and without further appropriation1 to pay-- 7#a7 any necessary and incidental costs incurred by the ,secretary in connection with-- 7,a7 the acquisition1 improvement1 maintenance1 reconstruction1 or construction of a facility or improvement for the ,national ,forest ,system2 and 7,b7 the lease of an administrative site under this ,act2 and 7#b7 reasonable commissions or fees for brokerage services obtained in connection with the lease1 subject to the conditions that the ,secretary-- 7,a7 determines that the services are in the public interest2 and 7,b7 shall provide public notice of any brokerage services contract entered into in connection with a lease under this ,act4 7h7 ,congressional notifications 7#a7 ,anticipated use of authority ,as part of the annual budget justification documents provided to the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,appropriations of the ,senate1 the ,secretary shall include-- 7,a7 a list of the anticipated leases to be made1 including the anticipated revenue that may be obtained1 under this ,act2 7,b7 a description of the intended use of any revenue obtained under a lease under this ,act1 including a list of any projects that cost more than #ejj1jjj2 and 7,c7 a description of accomplishments during previous years using the authority of the ,secretary under this ,act4 7#b7 ,changes to lease list ,if the ,secretary desires to lease an administrative site under this ,act that is not included on a list provided under paragraph 7#a77;,a71 the ,secretary shall submit to the congressional committees described in paragraph 7#c7 a notice of the proposed lease1 including the anticipated revenue that may be obtained from the lease4 7#c7 ,use of authority ,not less frequently than once each year1 the ,secretary shall submit to the ,committee on ,agriculture1 the ,committee on ,appropriations1 and the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 the ,committee on ,appropriations1 and the ,committee on ,energy and ,natural ,resources of the ,senate a report describing each lease made by the ,secretary under this ,act during the period covered by the report4 7i7 ,expiration of authority 7#a7 ,in general ,the authority of the ,secretary to enter into a lease agreement for an administrative site under this ,act expires on ,september #cj1 #bjbg4 7#b7 ,effect on lease agreement ,any lease agreement entered into by the ,secretary under this ,act before the date of the expiration of authority under paragraph 7#a7 shall not be affected by that expiration of authority4