[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1128 Reported in Senate (RS)]
<DOC>
Calendar No. 495
117th CONGRESS
2d Session
S. 1128
[Report No. 117-152]
To provide for the continuation of higher education through the
conveyance to the University of Alaska of certain public land in the
State of Alaska, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2021
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
September 21, 2022
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for the continuation of higher education through the
conveyance to the University of Alaska of certain public 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``University of Alaska Fiscal
Foundation Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Available state-selected land.--The term
``available State-selected land'' means Federal land in the
State that has been selected by the State, including land upon
which the State has, prior to December 31, 1993, filed a future
selection application under section 906(e) of the Alaska
National Interest Lands Conservation Act (43 U.S.C. 1635(e)),
but not conveyed or patented to the State, pursuant to Public
Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21).</DELETED>
<DELETED> (2) Conservation system unit.--The term
``conservation system unit'' has the meaning given the term in
section 102 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3102).</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management.</DELETED>
<DELETED> (4) State.--The term ``State'' means the State of
Alaska.</DELETED>
<DELETED> (5) University.--The term ``University'' means the
University of Alaska, acting through the Board of
Regents.</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT.</DELETED>
<DELETED> The Secretary shall establish a program within the Bureau
of Land Management--</DELETED>
<DELETED> (1) to identify and convey available State-
selected land to the University to support higher education in
the State; and</DELETED>
<DELETED> (2) to acquire, by purchase or exchange,
University-owned land located within conservation system units
in the State.</DELETED>
<DELETED>SEC. 4. IDENTIFICATION OF LAND TO BE CONVEYED TO THE
UNIVERSITY.</DELETED>
<DELETED> (a) In General.--Not later than 2 years after the date of
enactment of this Act, the State and the University may jointly
identify not more than 500,000 acres of available State-selected land
for inclusion in the program established under section 3, of which not
more than 360,000 acres may be conveyed and patented to the
University.</DELETED>
<DELETED> (b) Technical Assistance.--Upon the request of the State
and the University, the Secretary shall provide technical assistance in
the identification of available State-selected land for inclusion in
the program.</DELETED>
<DELETED> (c) Maps.--As soon as practicable after the date on which
the available State-selected land is identified under subsection (a),
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives 1 or more maps depicting the available State-
selected land identified for conveyance to the University.</DELETED>
<DELETED> (d) Conveyance.--Subject to subsection (e), if the State
and the University notify the Secretary in writing that the State and
the University jointly concur with the conveyance of all or a portion
of the available State-selected land identified under subsection (a),
and that the State relinquishes its selection rights to the land
covered by the notification, the Secretary shall convey the applicable
identified available State-selected land to the University, subject to
valid existing rights, in the same manner and subject to the same
terms, conditions, and limitations as is applicable to the State under
Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21) and other applicable law, to be held in trust for
the exclusive use and benefit of the University, to be administered in
accordance with section 6.</DELETED>
<DELETED> (e) Terms and Conditions.--</DELETED>
<DELETED> (1) Maximum acreage.--Subject to paragraph (3),
the Secretary shall convey not more than a total of 360,000
acres of available State-selected land to the University under
this section, not to exceed the remaining entitlement of the
State under Public Law 85-508 (commonly known as the ``Alaska
Statehood Act'') (48 U.S.C. note prec. 21).</DELETED>
<DELETED> (2) Letters of concurrence.--For purposes of
subsection (d) and subject to the maximum acreage limitation
under subsection (a), the State and the University may submit
to the Secretary 1 or more joint letters of concurrence
identifying parcels of available State selected land for
conveyance as a subset of the total acres to be conveyed under
this section.</DELETED>
<DELETED> (3) Acreage charged against alaska statehood act
entitlement.--The acreage of land conveyed to the University
under this section shall be charged against the remaining
entitlement of the State under Public Law 85-508 (commonly
known as the ``Alaska Statehood Act'') (48 U.S.C. note prec.
21).</DELETED>
<DELETED> (4) Survey costs.--In accordance with Public Law
85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21), the Secretary shall be responsible for
the costs of required surveys.</DELETED>
<DELETED>SEC. 5. UNIVERSITY OF ALASKA INHOLDINGS WITHIN CONSERVATION
SYSTEM UNITS.</DELETED>
<DELETED> (a) In General.--The Secretary or the Secretary of
Agriculture, as appropriate, may acquire by purchase or exchange, with
the consent of the University, University-owned inholdings within
conservation system units in the State.</DELETED>
<DELETED> (b) Appraisals.--The value of the land to be exchanged or
acquired under this section shall be determined by the Secretary
through appraisals conducted--</DELETED>
<DELETED> (1) in accordance with--</DELETED>
<DELETED> (A) the Uniform Appraisal Standards for
Federal Land Acquisitions; and</DELETED>
<DELETED> (B) the Uniform Standards of Professional
Appraisal Practice; and</DELETED>
<DELETED> (2) by an appraiser mutually agreed to by the
Secretary and the University.</DELETED>
<DELETED> (c) Equal Value Exchanges.--For any land exchange entered
into under this section, the Federal land and University-owned
inholdings exchanged shall be of equal value.</DELETED>
<DELETED> (d) Purchase Acquisitions.--Pursuant to chapter 2003 of
title 54, United States Code, amounts in the Land and Water
Conservation Fund established by section 200302 of that title may be
used for the purchase of University-owned inholdings within
conservation system units in the State under this section.</DELETED>
<DELETED> (e) Requirement.--Any land acquired by the United States
under this section shall be administered in accordance with the laws
(including regulations) applicable to the conservation system unit in
which the land is located.</DELETED>
<DELETED>SEC. 6. ADMINISTRATION OF CONVEYED OR EXCHANGED
LAND.</DELETED>
<DELETED> All available State-selected land that is tentatively
approved or conveyed to the University under this Act, and all land
acquired by the University through an exchange under this Act, together
with the income therefrom and the proceeds from any dispositions
thereof, shall be administered by the University in trust to meet the
necessary expenses of higher education programs, similar to prior
Federal land grants to the University.</DELETED>
<DELETED>SEC. 7. STATE AND UNIVERSITY PARTICIPATION.</DELETED>
<DELETED> Nothing in this Act requires the State or the University--
</DELETED>
<DELETED> (1) to participate in the program established
under section 3; or</DELETED>
<DELETED> (2) to enter into sales or exchanges of
University-owned inholdings within conservation system units
under section 5.</DELETED>
<DELETED>SEC. 8. CONGRESSIONAL NOTIFICATION.</DELETED>
<DELETED> Not later than 90 days after the date of any conveyance
and patent to the University under this Act, the Secretary shall notify
the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives of the
land conveyed and patented.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``University of Alaska Fiscal
Foundation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Available state-selected land.--The term ``available
State-selected land'' means Federal land in the State that has
been selected by the State pursuant to section 6(b) of Public
Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21), including land upon which the State has,
prior to December 31, 1993, filed a future selection
application under section 906(e) of the Alaska National
Interest Lands Conservation Act (43 U.S.C. 1635(e)), but not
conveyed or patented to the State, pursuant to Public Law 85-
508 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21).
(2) Inholding.--The term ``inholding'' means any interest
in land owned by the University within--
(A) any conservation system unit (as defined in
section 102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102)); or
(B) any unit of the National Forest System in the
State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(4) State.--The term ``State'' means the State of Alaska.
(5) University.--The term ``University'' means the
University of Alaska, acting through the Board of Regents.
SEC. 3. ESTABLISHMENT.
The Secretary shall establish a program within the Bureau of Land
Management--
(1) to identify and convey available State-selected land to
the University to support higher education in the State; and
(2) to acquire, by purchase or exchange, University-owned
inholdings in the State.
SEC. 4. IDENTIFICATION OF LAND TO BE CONVEYED TO THE UNIVERSITY.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the State and the University may jointly identify not more
than 500,000 acres of available State-selected land for inclusion in
the program established under section 3, of which not more than 360,000
acres may be conveyed and patented to the University.
(b) Technical Assistance.--Upon the request of the State and the
University, the Secretary shall provide technical assistance in the
identification of available State-selected land for inclusion in the
program.
(c) Maps.--As soon as practicable after the date on which the
available State-selected land is identified under subsection (a), the
Secretary shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the House of
Representatives 1 or more maps depicting the available State-selected
land identified for potential conveyance to the University.
(d) Conveyance.--Subject to subsection (e), if the State and the
University notify the Secretary in writing that the State and the
University jointly concur with the conveyance of all or a portion of
the available State-selected land identified under subsection (a), and
that the State will conditionally relinquish the selection rights of
the State to the land covered by the notification on the issuance of
the land being tentatively approved, and will fully relinquish those
selection rights on final patent by the Secretary to the University,
the Secretary shall convey the applicable identified available State-
selected land to the University, subject to valid existing rights, in
the same manner and subject to the same terms, conditions, and
limitations as is applicable to the State under section 6(b) of Public
Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21) and other applicable law, to be held in trust for the
exclusive use and benefit of the University, to be administered in
accordance with section 6.
(e) Terms and Conditions.--
(1) Maximum acreage.--Subject to paragraph (3), the
Secretary shall convey not more than a total of 360,000 acres
of available State-selected land to the University under this
section, not to exceed the remaining entitlement of the State
under section 6(b) of Public Law 85-508 (commonly known as the
``Alaska Statehood Act'') (48 U.S.C. note prec. 21).
(2) Letters of concurrence.--For purposes of subsection (d)
and subject to the maximum acreage limitation under subsection
(a), the State and the University may submit to the Secretary 1
or more joint letters of concurrence identifying parcels of
available State selected land for conveyance as a subset of the
total acres to be conveyed under this section.
(3) Acreage charged against alaska statehood act
entitlement.--The acreage of land conveyed to the University
under this section shall be charged against the remaining
entitlement of the State under section 6(b) of Public Law 85-
508 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21).
(4) Survey costs.--In accordance with Public Law 85-508
(commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21), the Secretary shall be responsible for the
costs of required surveys.
(5) Submerged lands.--Lands beneath navigable waters (as
defined in section 2 of the Submerged Lands Act (43 U.S.C.
1301)) shall not be available for conveyance to the University
under the program established under section 3.
SEC. 5. UNIVERSITY OF ALASKA INHOLDINGS.
(a) In General.--The Secretary or the Secretary of Agriculture, as
appropriate, may acquire by purchase or exchange, with the consent of
the University, University-owned inholdings within Federal land in the
State.
(b) Appraisals.--The value of the land to be exchanged or acquired
under this section shall be determined by the Secretary or the
Secretary of Agriculture, as appropriate, through appraisals
conducted--
(1) in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice; and
(2) by a qualified appraiser mutually agreed to by the
Secretary or the Secretary of Agriculture, as appropriate, and
the University.
(c) Equal Value Exchanges.--For any land exchange entered into
under this section, the Federal land and University-owned inholdings
exchanged shall be of equal value.
(d) Purchase Acquisitions.--Pursuant to chapter 2003 of title 54,
United States Code, amounts in the Land and Water Conservation Fund
established by section 200302 of that title may be used for the
purchase of University-owned inholdings within Federal land in the
State under this section.
(e) Requirement.--Any land acquired by the United States under this
section shall be administered in accordance with the laws (including
regulations) applicable to the conservation system unit or unit of the
National Forest System in which the land is located.
SEC. 6. ADMINISTRATION OF CONVEYED OR EXCHANGED LAND.
All available State-selected land that is tentatively approved or
conveyed to the University under this Act, and all land or assets
acquired by the University through an exchange under this Act, together
with the income therefrom and the proceeds from any dispositions
thereof, shall be administered by the University in trust to meet the
necessary expenses of higher education programs, similar to prior
Federal land grants to the University.
SEC. 7. STATE AND UNIVERSITY PARTICIPATION.
Nothing in this Act requires the State or the University--
(1) to participate in the program established under section
3; or
(2) to enter into sales or exchanges of University-owned
inholdings under section 5.
SEC. 8. CONGRESSIONAL NOTIFICATION.
Not later than 90 days after the date of any conveyance and patent
to the University under this Act, the Secretary shall notify the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives of the
land conveyed and patented.
SEC. 9. NO EFFECT ON ALASKA STATEHOOD ACT ENTITLEMENT UNAFFECTED.
Except for any available State-selected land conveyed under section
4 and charged against the remaining entitlement of the State under
section 6(b) of Public Law 85-508 (commonly known as the ``Alaska
Statehood Act'') (48 U.S.C. note prec. 21)--
(1) the operation of the program established under section
3 shall not diminish or alter the rights of the State to
receive the entitlement of the State in any way; and
(2) the State may continue to pursue the transfer of the
remaining entitlement of the State under section 6(b) of Public
Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21) at any time.
Calendar No. 495
117th CONGRESS
2d Session
S. 1128
[Report No. 117-152]
_______________________________________________________________________
A BILL
To provide for the continuation of higher education through the
conveyance to the University of Alaska of certain public land in the
State of Alaska, and for other purposes.
_______________________________________________________________________
September 21, 2022
Reported with an amendment