118 HR 1657 RH: Lake Winnibigoshish Land Exchange Act of 2024 U.S. House of Representatives 2024-09-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IBUnion Calendar No. 561118th CONGRESS2d SessionH. R. 1657[Report No. 118–665]IN THE HOUSE OF REPRESENTATIVESMarch 17, 2023Mr. Stauber (for himself, Mr. Finstad, Mrs. Fischbach, Mr. Huffman, and Mr. Neguse) introduced the following bill; which was referred to the Committee on Natural ResourcesSeptember 12, 2024Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on March 17, 2023A BILLTo provide for a land exchange in the Chippewa National Forest, Minnesota, and for other purposes.
1.
Short title
This Act may be cited as the Lake Winnibigoshish Land Exchange Act of 2024.
2.
Definitions
In this Act:(1)
BWLT
The term BWLT means Big Winnie Land and Timber, LLC, a Minnesota Limited Liability Corporation. (2)
Map
The term Map means the map entitled Heig Land Exchange and dated December 14, 2023.(3)
Federal land
The term Federal land means the approximately 17.5 acres of Federal land in Itasca County, Minnesota, generally depicted as the Federal Parcel on the Map.(4)
Non-Federal land
The term non-Federal land means the approximately 36.7 acres of non-Federal land in Itasca County, Minnesota, generally depicted as the Non-Federal Parcel on the Map.(5)
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
3.
Exchange of land
(a)
Exchange authorized
Subject to the provisions of this Act, if BWLT offers to convey the non-Federal land to the United States, the Secretary shall, not later than 1 year after the date on which such offer is made—(1)accept the offer; (2)convey to BWLT all right, title, and interest of the United States in and to the Federal land, excepting and reserving an easement for road access to National Forest System land west of the Federal Parcel; and(3)accept from BWLT all right, title, and interest of BWLT in and to the non-Federal land.(b)
Requirements
The exchange under subsection (a) shall be—(1)conditioned on title approval for the non-Federal land by the Secretary in accordance with subsection (e);(2)conditioned on a cash equalization payment made by BWLT to the United States in accordance with subsection (c) if, under the appraisals conducted in accordance with this Act, it is determined that the value of the Federal land exceeds the value of the non-Federal land;(3)conditioned on the satisfactory completion of a Phase I Environmental Site Assessment by BWLT, provided to the Secretary, in advance of the acceptance of the non-Federal parcel;(4)subject to valid existing rights; and(5)subject to any other terms and conditions the Secretary determines appropriate.(c)
Equal value and cash equalization
(1)
In general
Except as provided in paragraph (2), the exchange under subsection (a) shall be for equal value or the values shall be equalized by a cash payment.(2)
Exception
Notwithstanding any other provision of law, if the appraised value of the non-Federal land to be conveyed to the United States exceeds the appraised value of the Federal land, a cash equalization payment by the United States to BWLT is hereby waived and the amount of such waived payment shall be considered a donation by BWLT to the United States for all purposes of law. (d)
Appraisals
(1)
In general
The value of the land to be exchanged under this Act shall be determined by appraisals conducted by an independent and qualified appraiser mutually agreed to by the Secretary and BWLT. (2)
Appraisal standards
The Secretary shall complete appraisals of the land to be exchanged under this Act in accordance with—(A)the Uniform Appraisal Standards for Federal Land Acquisitions; and(B)the Uniform Standards of Professional Appraisal Practice. (e)
Format
Title to the non-Federal land to be conveyed to the United States under this Act shall be found sufficient by the Secretary pursuant to section 3111 of title 40, United States Code.(f)
Management of acquired land
The non-Federal land acquired by the United States under subsection (a) shall be—(1)added to, and managed as part of, the Chippewa National Forest; and(2)managed in accordance with the laws, rules, and regulations pertaining to National Forest System lands.(g)
Map and legal descriptions
(1)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the Map and legal descriptions of all land to be conveyed under this Act.(2)
Controlling document
In the case of a discrepancy between the Map and a legal description, the legal description shall control. (3)
Corrections
The Secretary and BWLT, by mutual agreement, may correct any minor errors in the Map or in the legal descriptions, including with respect to the boundaries of the Federal land and the non-Federal land.(4)
Map on file
The Map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service.(h)
Closing costs
As a condition for the exchange under subsection (a), BWLT shall pay all closing costs associated with the exchange, including for—(1)title insurance and title search;(2)any applicable inspection fees, escrow fees, attorneys fees, and recording fees; and(3)any environmental analysis or resource survey required under Federal law, regulation, or policy, including a Phase I Environmental Site Assessment of the non-Federal land.(i)
Survey
(1)
In general
The exact acreages and legal descriptions of the Federal and non-Federal land to be exchanged under subsection (a) shall be determined by surveys satisfactory to the Secretary.(2)
Costs of survey
BWLT shall bear all costs associated with the surveys under paragraph (1).
September 12, 2024Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed