[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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