[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