[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 131 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 131
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
January 12, 2017
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 2017''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate, authorize, direct, and
expedite the exchange of land between the Alaska Mental Health Trust
and the Secretary of Agriculture in accordance with this Act--
(1) to preserve the scenic and visual backdrops of
southeastern Alaska communities, while creating jobs and
economic opportunities in more remote areas of the State;
(2) to secure Federal ownership and protection of non-
Federal land in the State that has significant natural, scenic,
recreational, and other public values; and
(3) to contribute to the goals and objectives of the Alaska
Mental Health Trust.
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
following 7 parcels of National Forest System land, as
generally depicted on maps 7 through 9, comprising a total of
approximately 20,580 acres:
(A) The parcel generally depicted as ``Naukati
Phase 1'' on map 8, comprising approximately 2,400
acres.
(B) The parcel generally depicted as ``West
Naukati'' on map 8, comprising approximately 4,182
acres.
(C) The parcel generally depicted as ``North
Naukati'' on map 8, comprising approximately 1,311
acres.
(D) The parcel generally depicted as ``East
Naukati/2016 Naukati addition'' on map 8, comprising
approximately 1,067 acres.
(E) The parcel generally depicted as ``Central
Naukati'' on map 8, comprising approximately 1,858
acres.
(F) The parcel generally depicted as ``Hollis'' on
map 9, comprising approximately 1,538 acres.
(G) The parcel generally depicted as ``Shelter Cove
Area'' on map 7, comprising approximately 8,224 acres.
(3) Map.--The term ``map'' means the applicable map
prepared by the Alaska Region of the Forest Service entitled
``Alaska Mental Health Trust Act of 2016''--
(A) numbered 1, 2, 3, 4, 5, 6, 7, or 9 and dated
September 19, 2016; or
(B) numbered 8 and dated November 28, 2016.
(4) Non-federal land.--The term ``non-Federal land'' means
the following 20 parcels of non-Federal land, as generally
depicted on maps 1 through 6, comprising a total of
approximately 17,341 acres:
(A) The parcel generally depicted as parcel K-1 on
map 1, comprising approximately 1,878 acres.
(B) The parcel generally depicted as parcel K-2 on
map 1, comprising approximately 707 acres.
(C) The parcel generally depicted as parcel K-3 on
map 1, comprising approximately 901 acres, including
the 12-acre conservation easement described in section
4(e)(1).
(D) The parcel generally depicted as parcel K-4A on
map 1, comprising approximately 3,180 acres.
(E) The parcel generally depicted as parcel P-1A on
map 2, comprising approximately 3,174 acres, including
the administrative site described in section 5(c).
(F) The parcel generally depicted as parcel P-1B on
map 2, comprising approximately 144 acres.
(G) The parcel generally depicted as parcel P-2B on
map 2, comprising approximately 181 acres.
(H) The parcel generally depicted as parcel P-3B on
map 2, comprising approximately 92 acres.
(I) The parcel generally depicted as parcel P-4 on
map 2, comprising approximately 280 acres.
(J) The parcel generally depicted as parcel W-1 on
map 3, comprising approximately 204 acres.
(K) The parcel generally depicted as parcel W-2 on
map 3, comprising approximately 104 acres.
(L) The parcel generally depicted as parcel W-3 on
map 3, comprising approximately 63 acres.
(M) The parcel generally depicted as parcel W-4 on
map 3, comprising approximately 700 acres.
(N) The parcel generally depicted as parcel S-1 on
map 4, comprising approximately 2,456 acres.
(O) The parcel generally depicted as parcel S-2 on
map 4, comprising approximately 284 acres.
(P) The parcel generally depicted as parcel S-3 on
map 4, comprising approximately 109 acres.
(Q) The parcel generally depicted as parcel S-4 on
map 4, comprising approximately 26 acres.
(R) The parcel generally depicted as parcel MC-1 on
map 5, comprising approximately 169 acres.
(S) The parcel generally depicted as parcel J-1B on
map 6, comprising approximately 2,261 acres.
(T) The parcel generally depicted as parcel J-1A on
map 6, comprising approximately 428 acres.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. LAND EXCHANGE.
(a) In General.--If the Alaska Mental Health Trust offers to convey
to the Secretary, in the 2 phases described in subsection (n), all
right, title, and interest of the Alaska Mental Health Trust in and to
the non-Federal land, the Secretary shall simultaneously convey to the
Alaska Mental Health Trust, in the 2 phases described in subsection
(n), all right, title, and interest of the United States in and to the
Federal land.
(b) Condition on Acceptance.--Title to any non-Federal land
conveyed by the Alaska Mental Health Trust to the Secretary under
subsection (a) shall be in a form that is acceptable to the Secretary.
(c) Valid Existing Rights.--Unless otherwise agreed to by the
Secretary and the Alaska Mental Health Trust, the conveyances under
subsection (a) shall be subject to any valid existing rights,
reservations, rights-of-way, or other encumbrances of third parties in,
to, or on the Federal land and the non-Federal land as of the date of
enactment of this Act.
(d) Reciprocal Road Easements.--
(1) In general.--In conveying the Federal land and the non-
Federal land under subsection (a), the Secretary and the Alaska
Mental Health Trust shall exchange at no cost reciprocal
easements on existing roads as necessary to access the parcels
each party acquires in the exchange.
(2) Public access.--The reciprocal easements exchanged
under paragraph (1) shall provide for public access.
(3) Cost-share agreement.--The Secretary and the Alaska
Mental Health Trust may enter into a separate cost-share
agreement to cover the cost of road maintenance with respect to
the reciprocal easements exchanged under paragraph (1).
(e) K-3 Parcel Landfill Buffer.--
(1) In general.--As a condition of the exchange under
subsection (a), in conveying the parcel of non-Federal land
described in section 3(4)(C) to the United States, the Alaska
Mental Health Trust shall grant to the United States a 300-foot
conservation easement abutting that parcel along the interface
of the parcel and the City of Ketchikan landfill (as in
existence on the date of enactment of this Act), as generally
depicted on map 1.
(2) Development and ownership.--The conservation easement
described in paragraph (1) shall remain undeveloped and in the
ownership of the Alaska Mental Health Trust.
(3) Equalization.--The value of the conservation easement
described in paragraph (1) shall be included in the value of
the non-Federal land for purposes of equalizing the values of
the Federal land and the non-Federal land under subsection (j).
(f) Research Easements.--
(1) In general.--In order to allow time for the completion
of research activities of the Forest Service that are ongoing
as of the date of enactment of this Act, in conveying the
Federal land to the Alaska Mental Health Trust under subsection
(a), the Secretary shall reserve research easements for the
following Forest Service study plots (as in existence on the
date of enactment of this Act):
(A) The Sarkar research easement study plot on the
parcel of Federal land described in section 3(2)(B), as
generally depicted on map 8, to remain in effect for
the 10-year period beginning on the date of enactment
of this Act.
(B) The Naukati commercial thinning study plot on
the parcel of Federal land described in section
3(2)(B), as generally depicted on map 8, to remain in
effect for the 15-year period beginning on the date of
enactment of this Act.
(C) The POW Yatuk study plot on the parcel of
Federal land described in section 3(2)(A), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(D) The POW Naukati study plot on the parcel of
Federal land described in section 3(2)(D), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(E) The Revilla George study plot on the parcel of
Federal land described in section 3(2)(G), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(2) Prohibited activities.--The Alaska Mental Health Trust
shall not construct any new road or harvest timber on any study
plot covered by a research easement described in paragraph (1)
during the period described in subparagraph (A), (B), (C), (D),
or (E) of that paragraph, as applicable.
(g) Area of Karst Concern.--
(1) In general.--In conveying the parcels of Federal land
described in subparagraphs (A) and (D) of section 3(2) to the
Alaska Mental Health Trust under subsection (a), the Secretary
shall reserve to the United States a conservation easement that
shall protect the aquatic and riparian habitat within the area
labeled ``Conservation Easement'', as generally depicted on map
8.
(2) Prohibited activities.--The conservation easement
described in paragraph (1) shall prohibit within the area
covered by the conservation easement--
(A) new road construction and timber harvest within
100 feet of any anadromous water bodies (including
underground water bodies); and
(B) commercial mineral extraction.
(h) Compliance With Applicable Law.--Prior to completing each phase
of the land exchange described in subsection (n), the Secretary shall
complete, for the land to be conveyed in the applicable phase, any
necessary land surveys and required preexchange 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.
(i) Appraisals.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act--
(A) the Secretary and the Alaska Mental Health
Trust shall select an appraiser to conduct appraisals
of the Federal land and the non-Federal land; and
(B) the Secretary shall issue all appraisal
instructions for those appraisals.
(2) Requirements.--
(A) In general.--All appraisals under paragraph (1)
shall be conducted in accordance with nationally
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 the
non-Federal land for each phase of the exchange
described in subsection (n) are approved by the
Secretary, the Secretary shall not be required
to reappraise or update the final appraised
values of the Federal land and the non-Federal
land.
(ii) Exchange agreement.--Beginning on the
date of entrance into an exchange agreement
under subsection (a), no reappraisal or updates
to the final appraised values of the Federal
land and the non-Federal land approved by the
Secretary shall be required.
(3) Public review.--Before completing each phase of the
land exchange described in subsection (n), the Secretary shall
make available for public review summaries of the appraisals of
the Federal land and the non-Federal land for the applicable
phase.
(j) Equal Value Land Exchange.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under subsection (a) shall be--
(A) equal; or
(B) equalized in accordance with this subsection.
(2) Surplus of federal land value.--
(A) In general.--If the final appraised value of
the Federal land (after applying any cash equalization
credit or debit from phase 1 of the exchange under
subsection (n)(2)) exceeds the final appraised value of
the non-Federal land in phase 2 of the exchange,
notwithstanding subsection (a), 1 or more parcels, or 1
or more portions of parcels, of the Federal land, as
determined by the Alaska Mental Health Trust after
consultation with the Secretary, shall be removed from
the conveyance to the Alaska Mental Health Trust by--
(i) removing parcels in accordance with
subparagraph (B) until, to the maximum extent
practicable, approximate equal value is
achieved; and
(ii) equalizing any remaining difference in
value in accordance with paragraph (4).
(B) Order of priority.--Parcels shall be removed
under subparagraph (A)(i) in the reverse order of the
parcels described in subparagraphs (A) through (G) of
section 3(2).
(3) Surplus of non-federal land value.--
(A) In general.--If the final appraised value of
the non-Federal land (after applying any cash
equalization credit or debit from phase 1 of the
exchange under subsection (n)(2)) exceeds the final
appraised value of the Federal land in phase 2 of the
exchange, notwithstanding subsection (a), 1 or more
parcels, or 1 or more portions of parcels, of the non-
Federal land, as determined by the Alaska Mental Health
Trust after consultation with the Secretary, shall be
removed from the conveyance to the United States by--
(i) removing parcels in accordance with
subparagraph (B) until, to the maximum extent
practicable, approximate equal value is
achieved; and
(ii) equalizing any remaining difference in
value in accordance with paragraph (4).
(B) Order of priority.--Parcels shall be removed
under subparagraph (A)(i) in the reverse order of the
parcels, as described in subparagraphs (A) through (T)
of section 3(4).
(C) Waiver of cash equalization.--In order to
expedite completion of the exchange, if the values of
the Federal land and the non-Federal land cannot be
exactly equalized under this paragraph, the Alaska
Mental Health Trust may, at its sole discretion, elect
to waive any cash equalization payment that would
otherwise be due from the United States under paragraph
(4).
(4) Remaining difference.--Any remaining difference in
value shall be equalized under paragraph (2)(A)(ii) or
(3)(A)(ii), as applicable, by--
(A) removal of a portion of a parcel of the Federal
land or the non-Federal land, as applicable, as
determined by the Alaska Mental Health Trust after
consultation with the Secretary;
(B) the payment of a cash equalization, as
necessary, by the Secretary or the Alaska Mental Health
Trust, as appropriate, in accordance with section
206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(b)); or
(C) a combination of the methods described in
subparagraphs (A) and (B), as determined by the Alaska
Mental Health Trust after consultation with the
Secretary.
(k) Costs.--As a condition of the land exchange under this Act, the
Alaska Mental Health Trust shall agree to pay, without compensation,
all costs that are associated with each phase of the exchange described
in subsection (n), including--
(1) all costs to complete the land surveys, appraisals, and
environmental reviews described in subsection (h) such that the
exchange may be completed in accordance with the deadlines
described in subsection (n); and
(2) on request of the Secretary, reimbursement of costs for
agency staff, additional agency staff, or third-party
contractors appropriate such that the exchange may be completed
in accordance with the deadlines described in subsection (n).
(l) Land Surveys, Approvals, Uses.--
(1) Survey instructions.--Not later than 90 days after the
date of enactment of this Act, the Secretary of the Interior
shall issue survey instructions to assist in the timely
completion of all land surveys necessary to complete the land
exchange under subsection (a) in accordance with the deadlines
described in subsection (n).
(2) Surveys.--Unless otherwise agreed to by the Secretary
and the Alaska Mental Health Trust, after consultation with the
Secretary of the Interior, land surveys shall not be required
for--
(A) any portion of the boundaries of the non-
Federal land that is contiguous to--
(i) National Forest System land, as in
existence on the date of enactment of this Act;
or
(ii) land that has been surveyed or lotted
as of the date of enactment of this Act;
(B) any portion of the boundaries of the Federal
land that is contiguous to--
(i) land owned as of the date of enactment
of this Act by--
(I) the Alaska Mental Health Trust;
or
(II) the State; or
(ii) land that has been surveyed or lotted
as of the date of enactment of this Act;
(C) any portion of the boundaries that the
Secretary and the Alaska Mental Health Trust agree,
after consultation with the Secretary of the Interior,
is adequately defined by a survey, mapping, or aliquot
part, or other legal description; and
(D) any portion of the boundaries of the non-
Federal land that--
(i) the United States tentatively conveyed
to the State without survey;
(ii) is being reconveyed to the United
States in the land exchange under subsection
(a); and
(iii) is not surveyed as of the date of
enactment of this Act.
(3) Use of land.--Any Federal land or non-Federal land that
is conveyed to the Alaska Mental Health Trust or the United
States under subsection (a) shall, on the conveyance--
(A) become the property of the party to which the
land is conveyed; and
(B) be available to the party to which the land is
conveyed for all uses permitted under applicable laws
(including regulations).
(m) Parcel Adjustment.--If a portion of a parcel of the Federal
land or the non-Federal land to be conveyed under subsection (a) cannot
be conveyed due to the presence of hazardous materials--
(1) the portion shall be removed from the exchange; and
(2) the final exchange values shall be equalized in
accordance with subsection (j).
(n) Land Exchange Phases.--
(1) In general.--The land exchange under subsection (a)
shall be completed in 2 phases, as described in paragraphs (2)
and (3).
(2) Phase 1.--
(A) In general.--Subject to subparagraph (B) and
subsection (j), not later than 1 year after the date of
enactment of this Act--
(i) the Secretary shall convey to the
Alaska Mental Health Trust the parcel of
Federal land described in section 3(2)(A); and
(ii) the Alaska Mental Health Trust shall
convey to the United States the parcels of non-
Federal land described in subparagraphs (A) and
(B) of section 3(4).
(B) Conditions.--Subparagraph (A) shall be subject
to the following conditions:
(i) The land conveyed under this
subparagraph shall be appraised--
(I) separately from the land
described in paragraph (3); but
(II) in accordance with the
nationally recognized appraisal
standards described in subsection
(i)(2)(A).
(ii) Any cash equalization payment that
would otherwise be necessary to be paid by the
Secretary or the Alaska Mental Health Trust on
the completion of the conveyance under this
paragraph shall be--
(I) deferred until the completion
of the conveyance under paragraph (3);
and
(II) debited or credited, as
appropriate, to any final land or cash
equalization that may be due from
either party on the completion of the
conveyance under paragraph (3).
(3) Phase 2.--Subject to subsection (j), not later than 2
years after the date of enactment of this Act--
(A) the Secretary shall convey to the Alaska Mental
Health Trust the Federal land described in
subparagraphs (B) through (G) of section 3(2); and
(B) the Alaska Mental Health Trust shall convey to
the United States the non-Federal land described in
subparagraphs (C) through (T) of section 3(4).
SEC. 5. MANAGEMENT OF NON-FEDERAL LAND.
(a) In General.--On acquisition of the non-Federal land by the
Secretary under this Act, the non-Federal land shall--
(1) become part of the Tongass National Forest;
(2) be administered in accordance with the laws applicable
to the National Forest System; and
(3) be managed to protect the scenic value of the non-
Federal land.
(b) Boundary Revision.--On acquisition of the non-Federal land by
the Secretary under this Act, the boundaries of the Tongass National
Forest shall be modified to reflect the inclusion of the non-Federal
land.
(c) Administrative Site.--On acquisition of the parcel of non-
Federal land described in section 3(4)(E), the Secretary shall set
aside 42 acres of the parcel, in the location generally depicted on map
2, as an administrative site for purposes of the future administrative
needs of the Tongass National Forest.
SEC. 6. WITHDRAWAL.
Subject to valid existing rights, the non-Federal land acquired by
the Secretary under this Act shall be withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
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 or
administrative action that withdraws the Federal land from
appropriation or disposal under a public land law shall be
revoked to the extent necessary to permit the conveyance of the
Federal land.
(2) Withdrawal.--
(A) In general.--If the Federal land or any Federal
interest in the non-Federal land 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.
(B) Termination.--The withdrawal under subparagraph
(A) shall be terminated--
(i) on the date of the completion of the
phase of the land exchange described in section
4(n) covering the applicable Federal land; 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, Descriptions.--
(1) Minor errors.--The Secretary and the Alaska Mental
Health Trust, by mutual agreement, may correct 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 be given effect 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.
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