Text: S.1484 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in Senate (08/01/2013)


113th CONGRESS
1st Session
S. 1484

To provide for an exchange of land between the Secretary of Agriculture and the Sabine River Authority of Texas.


IN THE SENATE OF THE UNITED STATES
August 1, 2013

Mr. Reid (for Ms. Landrieu (for herself, Mr. Vitter, and Mr. Cornyn)) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry


A BILL

To provide for an exchange of land between the Secretary of Agriculture and the Sabine River Authority of Texas.

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 “Sabine National Forest Land Exchange Act of 2013”.

SEC. 2. Definitions.

In this Act:

(1) AUTHORITY.—The term “Authority” means the Sabine River Authority of Texas.

(2) FEDERAL LAND.—The term “Federal land” means—

(A) the approximately 4,000 acres of National Forest System land, excluding the mineral estate and including the wilderness area, located within the Sabine National Forest and the Toledo Bend Project boundary in Texas, as generally depicted on the map entitled “Sabine National Forest Toledo Bend Project Strip Lands”; and

(B) certain additional Federal land occupied by Forest Service campgrounds, including all structures, buildings, fixtures, roads, and other improvements on the land, adjacent to the Toledo Bend Project, as mutually agreed by the Secretary and the Authority, and as generally depicted on the map entitled “Sabine National Forest Campgrounds, Toledo Bend Project”.

(3) NON-FEDERAL LAND.—The term “non-Federal land” means the surface estate of a parcel or parcels of private land adjacent to Sabine National Forest that is—

(A) owned or to be acquired by the Authority; and

(B) mutually agreed upon by the Authority and the Secretary.

(4) SECRETARY.—The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(5) TOLEDO BEND PROJECT.—The term “Toledo Bend Project” means the Federal Energy Regulatory Commission project numbered 2305.

(6) WILDERNESS AREA.—The term “wilderness area” means the Indian Mounds Wilderness Area, Sabine National Forest, as designated by section 2(4) of the Texas Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–574).

(7) WILDERNESS CANDIDATE LAND.—The term “wilderness candidate land” means the surface estate of land adjacent to the wilderness area, to be mutually agreed upon by the Authority and the Secretary, that is owned or to be acquired by the Authority.

SEC. 3. Land exchange, Sabine National Forest.

(a) In general.—In exchange for the non-Federal land, wilderness candidate land, and any cash equalization payment authorized under subsection (d), the Secretary shall convey to the Authority all right, title, and interest of the United States in and to the Federal land.

(b) Existing rights.—The conveyance of the Federal land under subsection (a) shall be subject to valid existing rights.

(c) Implementation.—

(1) APPRAISAL.—

(A) DEADLINE.—Not later than 180 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the surface estate of the Federal land, non-Federal land, and wilderness candidate land.

(B) STANDARDS.—The appraisal under this paragraph shall be performed in accordance with—

(i) the Uniform Appraisal Standards for Federal Land Acquisitions;

(ii) the Uniform Standards of Professional Appraisal Practice; and

(iii) appraisal instructions issued by the Secretary.

(C) EFFECT OF RESTRICTIVE COVENANT.—In determining the value of the Federal land, the Secretary shall account for the limitations on the use of the Federal land after conveyance imposed by the restrictive covenant required under subsection (e)(3).

(2) SURVEY.—The exact acreage and legal description of the Federal land, non-Federal land, and wilderness candidate land to be conveyed under subsection (a) shall be determined by surveys or other means of identifying and describing the land mutually agreed to by the Secretary and the Authority.

(3) COSTS.—The costs of conducting the land exchange under subsection (a) shall be shared equally between the Authority and the Secretary.

(d) Cash equalization.—

(1) EQUAL VALUE EXCHANGE.—The land exchange under subsection (a) shall be conducted on an equal value basis.

(2) LIMITS WAIVED.—The values of the land to be exchanged under subsection (a) may be equalized through the use of a cash equalization payment in an amount in excess of the statutory limit specified in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).

(3) DISPOSITION AND USE OF FUNDS.—Any cash equalization payment received by the Secretary under this subsection shall be—

(A) deposited into the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a); and

(B) available to the Secretary for expenditure, without further appropriation and until expended, for the acquisition of land or interests in land for addition to the National Forest System.

(e) Title.—

(1) IN GENERAL.—Title to the non-Federal land conveyed to the Secretary under this section shall—

(A) be acceptable to the Secretary; and

(B) conform to the title approval standards of the Attorney General applicable to land acquisitions by the Federal Government.

(2) RESERVATION OF MINERAL ESTATE.—The deed of conveyance that conveys the Federal land to the Authority shall reserve any subsurface mineral estate owned by the United States in the Federal land, including oil, gas, rock, sand, and gravel.

(3) RESTRICTIVE COVENANT.—

(A) IN GENERAL.—In the deed of conveyance that conveys the Federal land to the Authority, the Secretary shall include a covenant, running with the land, providing that the Federal land conveyed shall—

(i) be used in a manner consistent with the management of adjacent National Forest System land or wilderness area land;

(ii) remain unsubdivided; and

(iii) not be used for commercial, residential, or industrial development.

(B) EFFECT.—The restrictive covenant described in subparagraph (A) shall not create any property interest of the United States.

(f) Continued campground operation.—The Authority may continue to operate and maintain the Forest Service campgrounds described in section 2(2)(B) and conveyed under subsection (a) consistent with the authorization granted by the Federal Energy Regulatory Commission.

(g) Time for completion.—It is the intent of Congress that the land exchange under subsection (a) shall be completed not later than 1 year after the date of enactment of this Act.

SEC. 4. Boundary adjustment, Indian Mounds Wilderness Area, Sabine National Forest.

(a) Boundary adjustment.—On completion of the land exchange under section 3(a), the Secretary shall modify the boundaries of the wilderness area—

(1) to exclude all wilderness area land that, before the date of the exchange, was located within the Toledo Bend Project, with the land excluded under this paragraph to be removed from wilderness designation and ceasing to be part of the wilderness area and the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.); and

(2) to include as part of the wilderness area all wilderness candidate land acquired by the Secretary under section 3(a), with the land included under this paragraph to be designated as wilderness and as a component of the National Wilderness Preservation System.

(b) Map and legal description.—

(1) REQUIRED.—As soon as practicable after the date of completion of the land exchange under section 3(a), the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the changes made to the boundaries of the wilderness area as a result of the land exchange.

(2) FORCE AND EFFECT.—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description.

(3) PUBLIC INSPECTION.—The map and legal description also shall be on file and available for public inspection in the appropriate offices of the Forest Service.