[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3006 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 3006
To provide for the exchange of certain National Forest System land and
non-Federal land in the State of Alaska, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2016
Ms. Murkowski (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the exchange of certain National Forest System land and
non-Federal land in the State of Alaska, and for other 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 ``Alaska Mental Health Trust Land
Exchange Act of 2016''.
SEC. 2. FINDING; PURPOSE.
(a) Finding.--Congress finds that the exchange of land between the
Alaska Mental Health Trust and the Secretary of Agriculture authorized
by this Act is in the public interest.
(b) Purpose.--The purpose of this Act is to provide for the
exchange of land between the Alaska Mental Health Trust and the
Secretary of Agriculture--
(1) to preserve the scenic and visual backdrops of
southeastern Alaska communities, while creating economic
opportunities in more remote areas of the State of Alaska;
(2) to secure Federal ownership and protection of non-
Federal land in the State of Alaska that has significant
natural, scenic, recreational, and other public values; and
(3) to contribute to the goals and objectives of timber
management in the Tongass National Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alaska mental health trust.--The term ``Alaska Mental
Health Trust'' means the Alaska Mental Health Trust Authority,
an agency of the State.
(2) Federal land.--The term ``Federal land'' means the
National Forest System land depicted on the maps in Exhibit B
of the agreement between the Forest Service and the Alaska
Mental Health Trust entitled ``Alaska Mental Health Land
Exchange, Agreement to Initiate, Case No. 5x-18''.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcels of Alaska Mental Health Trust land that are
depicted on the maps in Exhibit A of the agreement between the
Forest Service and the Alaska Mental Health Trust entitled
``Alaska Mental Health Land Exchange, Agreement to Initiate,
Case No. 5x-18''.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means the State of Alaska.
SEC. 4. LAND EXCHANGE.
(a) In General.--If the Alaska Mental Health Trust offers to convey
to the Secretary all right, title, and interest of the Alaska Mental
Health Trust in and to the non-Federal land--
(1) the Secretary, on completion of the environmental
reviews described in subsection (b), shall convey to the Alaska
Mental Health Trust all right, title, and interest of the
United States in and to the Federal land; and
(2) the Alaska Mental Health Trust, on receipt of title to
the Federal land under paragraph (1), shall convey to the
Secretary all right, title, and interest of the Alaska Mental
Health Trust in and to the non-Federal land, subject to
subsection (c).
(b) Compliance With Applicable Law.--Before carrying out the land
exchange under subsection (a), the Secretary shall complete any
necessary land surveys and required pre-exchange clearances, reviews,
mitigation activities, and approvals relating to--
(1) threatened and endangered species;
(2) cultural and historic resources;
(3) wetland and floodplains; and
(4) hazardous materials.
(c) Conditions on Acceptance.--Title to any non-Federal land
conveyed by the Alaska Mental Health Trust to the Secretary under
subsection (a)(2) shall be in a form that--
(1) is acceptable to the Secretary, in the case of non-
Federal land to be administered by the Forest Service; and
(2) conforms to the title approval standards of the
Attorney General applicable to land acquisitions by the Federal
Government.
(d) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Alaska Mental
Health Trust shall select an appraiser to conduct appraisals of
the Federal land and non-Federal land.
(2) Requirements.--
(A) In general.--Except as provided in subparagraph
(B), an appraisal required under this subsection shall
be conducted in accordance with national recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(B) Final appraised value.--
(i) In general.--During the 3-year period
beginning on the date on which the final
appraised values of the Federal land and non-
Federal land are approved by the Secretary, the
Secretary shall not be required to reappraise
or update the final appraised values of the
Federal land and non-Federal land.
(ii) Exchange agreement.--After the date on
which an exchange agreement is entered into by
the Alaska Mental Health Trust and the
Secretary in accordance with section 254.14 of
title 36, Code of Federal Regulations (or a
successor regulation), no reappraisal or
updates to the final appraised values of the
Federal land and non-Federal land approved by
the Secretary shall be required.
(3) Public review.--Before carrying out the land exchange
under subsection (a), the Secretary shall make the appraisals
of the Federal land and non-Federal land available for public
review.
(e) Equal Value Land Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under subsection (a) shall--
(A) be equal; or
(B) be equalized in accordance with this
subsection.
(2) Surplus of federal land value.--
(A) In general.--If the final appraised value of
the Federal land exceeds the final appraised value of
the non-Federal land, the Alaska Mental Health Trust
shall--
(i) convey additional non-Federal land in
the State to the Secretary, consistent with the
requirements of this Act;
(ii) make a cash payment to the United
States; or
(iii) use a combination of the methods
described in clauses (i) and (ii), as agreed to
by the Alaska Mental Health Trust and the
Secretary.
(B) Amount of payment.--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
payment under subparagraph (A) in excess of 25 percent
of the total value of the Federal land or Federal
interests conveyed.
(3) Surplus of non-federal land.--If the final appraised
value of the non-Federal land exceeds the value of the Federal
land, parcels of the non-Federal land may be excluded from the
exchange in a quantity sufficient to result in an equal value
exchange.
(f) Costs.--As a condition of the exchange of Federal land and non-
Federal land authorized under subsection (a), the Alaska Mental Health
Trust shall agree to pay, without compensation, all costs that are
associated with the exchange.
(g) Intent of Congress.--It is the intent of Congress that the land
exchange authorized under subsection (a) shall be completed not later
than 1 year after the date of enactment of this Act.
SEC. 5. MANAGEMENT OF NON-FEDERAL LAND.
(a) In General.--On acquisition of the non-Federal land by the
Secretary under section 4, the non-Federal land shall--
(1) become part of the Tongass National Forest; and
(2) be administered in accordance with the laws applicable
to the National Forest System.
(b) Boundary Revision.--On acquisition of the non-Federal land by
the Secretary under section 4, the boundaries of the Tongass National
Forest shall be modified to reflect the inclusion of the non-Federal
land.
(c) Land and Water Conservation Fund.--For purposes of section
200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of
the Tongass National Forest, as modified under subsection (b), shall be
considered to be the boundaries of the Tongass National Forest as in
existence on January 1, 1965.
SEC. 6. WITHDRAWAL.
Subject to valid existing rights, the non-Federal land acquired by
the Secretary under section 4 is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders; Withdrawal.--
(1) Revocation of orders.--Any public land order that
withdraws the Federal land from appropriation or disposal under
a public land law shall be revoked to the extent necessary to
permit conveyance of the land.
(2) Withdrawal.--
(A) In general.--If the Federal land or any Federal
interest in the non-Federal land to be exchanged under
this Act is not withdrawn or segregated from entry and
appropriation under a public land law (including
logging and mineral leasing laws and the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.)) as of the
date of enactment of this Act, the Federal land or
Federal interest in the non-Federal land shall be
withdrawn, without further action by the Secretary,
from entry and appropriation on the date of enactment
of this Act.
(B) Termination.--The withdrawal under subparagraph
(A) shall be terminated--
(i) on the date of the completion of the
exchange of Federal land and non-Federal land
under section 4; or
(ii) if the Alaska Mental Health Trust
notifies the Secretary in writing that the
Alaska Mental Health Trust elects to withdraw
from the land exchange under section 206(d) of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(d)), on the date on which
the Secretary receives the notice of the
election.
(b) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary and the Alaska Mental
Health Trust, by mutual agreement, may correct any minor errors
in any map, acreage estimate, or description of any land
conveyed or exchanged under this Act.
(2) Conflict.--If there is a conflict between a map,
acreage estimate, or description of land in this Act, the map
shall control unless the Secretary and the Alaska Mental Health
Trust mutually agree otherwise.
(3) Availability.--On the date of enactment of this Act,
the Secretary shall file and make available for public
inspection in the office of the Supervisor of the Tongass
National Forest each map referred to in this Act.
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