Okhissa Lake rural economic development land conveyance

(a)

Definitions

In this section:(1)

Alliance

The term Alliance means the Scenic Rivers Development Alliance, an instrumentality of the State of Mississippi.(2)

Secretary

The term Secretary means the Secretary of Agriculture.(b)

Conveyance

Subject to the requirements of this section, not later than 180 days after the completion of the appraisal under subsection (d)(2) and the written agreement under subsection (e)(2), the Secretary shall convey by quitclaim deed to the Alliance all right, title, and interest of the United States in and to the surface estate of the National Forest System land generally described in subsection (c).(c)

Land to be conveyed

(1)

In general

The National Forest System land referred to in subsection (b) is—(A)the approximately 137.7 acres of real property located in secs. 5 and 6, T. 5 N., R. 4 E., and sec. 31, T. 6 N., R. 4 E., Franklin County, Mississippi, as depicted on the map prepared for the Alliance by Marling Surveying, LLC, entitled Map of Survey of a 137.70 Acre Tract, a Portion of U.S. Department of Agriculture Forest Service Homochitto National Forest Tracts H-41g & H-307, and dated September 16, 2024; and(B)the approximately 173 acres of real property located in secs. 5, 6, 7, and 8, T. 5 N., R. 4 E., Franklin County, Mississippi, as depicted on the map prepared for the Alliance by Marling Surveying, LLC, entitled Map of Survey of a +/- 173 Acre Tract, a Portion of U.S. Department of Agriculture Forest Service Homochitto National Forest Tracts H-1, H-3b, H-41g & H-307, and dated September 16, 2024.(2)

Survey

The exact acreage and legal description of the National Forest System land to be conveyed under this section shall be determined by a survey satisfactory to the Secretary.(d)

Consideration

The consideration for the conveyance of any National Forest System land under this section shall be—(1)provided in the form of cash; and(2)in an amount equal to the fair market value of the National Forest System land being conveyed, as determined by an appraisal conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and approved by the Secretary.(e)

Terms and conditions

The conveyance under this section shall be subject to—(1)valid existing rights;(2)a written agreement entered into between the Secretary and the Alliance, under which the Alliance—(A)agrees to cover the costs of upkeep and maintenance of the Okhissa Lake Dam, including the dam, spillway, and related water control facilities; and(B)assumes responsibility and liability for compliance with all Federal and State dam safety laws and regulations;(3)the reservations in the United States of easements for public roads and trails, including—(A)a perpetual, nonexclusive road right-of-way 30 feet in width for ingress and egress over all portions of Forest Service Road 149A within any of the conveyed land; and(B)such road and trail rights-of-way as the Secretary may determine to be necessary or desirable to retain public and administrative access to Okhissa Lake and appurtenant National Forest System land;(4)the reservation in the United States of all mineral rights, oil and gas rights, and all other subsurface rights in the conveyed land;(5)a right of re-entry reserving to the Secretary the right to retake possession and title to the conveyed land in the event the land is subsequently conveyed to a nonpublic entity or used for purposes other than public recreation and fish and wildlife habitat, subject to the condition that, in the event the Secretary exercises such a right of re-entry, the Alliance shall remain liable for the abatement and clean-up of hazardous substances, oil, and any other contaminants;(6)a restrictive covenant against the subdivision of the conveyed land into residential lots; and(7)such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.(f)

Proceeds from sale

(1)

In general

The Secretary shall deposit the proceeds of the conveyance of any National Forest System land under this section in the fund established under Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C. 484a).(2)

Use of funds

Amounts deposited under paragraph (1) shall remain available until expended, without further appropriation, for the acquisition of land and interests in land for the National Forest System.(g)

Costs

As a condition for the conveyance under this section, the Secretary shall require the Alliance to pay at closing any reasonable appraisal, survey, and closing costs.(h)

Environmental laws

The Secretary shall not be required to comply with National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable environmental law in carrying out the conveyance under this section.(i)

Hazardous materials

For purposes of the conveyance under this section, the Secretary—(1)shall meet disclosure requirements for hazardous substances, pollutants, or contaminants under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)); and(2)shall not otherwise be required to remediate or abate those hazardous substances, pollutants, or contaminants.