[Senate Report 115-117]
[From the U.S. Government Publishing Office]
Calendar No. 80
115th Congress} { Report
SENATE
1st Session } { 115-117
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ALASKA MENTAL HEALTH TRUST LAND EXCHANGE ACT OF 2017
_______
June 22, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 131]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 131) to provide for the exchange of
certain National Forest System land and non-Federal land in the
State of Alaska, and for other purposes, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Mental Health Trust Land
Exchange Act of 2017''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate and expedite the exchange
of land between the Alaska Mental Health Trust and the Secretary of
Agriculture in accordance with this Act--
(1) to secure Federal ownership and protection of non-Federal
land in the State of Alaska that has significant natural,
scenic, watershed, recreational, wildlife, and other public
values by--
(A) retaining the undeveloped natural character of
the non-Federal land; and
(B) preserving recreational trails for hiking,
biking, and skiing;
(2) to create jobs and provide economic opportunities for
resource use in more remote areas of the State; and
(3) to facilitate the goals and objectives of the Alaska
Mental Health Trust.
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
following 7 parcels of National Forest System land, as
generally depicted on maps 7 through 9, comprising a total of
approximately 20,580 acres:
(A) The parcel generally depicted as ``Naukati Phase
1'' on map 8, comprising approximately 2,400 acres.
(B) The parcel generally depicted as ``West Naukati''
on map 8, comprising approximately 4,182 acres.
(C) The parcel generally depicted as ``North
Naukati'' on map 8, comprising approximately 1,311
acres.
(D) The parcel generally depicted as ``East Naukati/
2016 Naukati addition'' on map 8, comprising
approximately 1,067 acres.
(E) The parcel generally depicted as ``Central
Naukati'' on map 8, comprising approximately 1,858
acres.
(F) The parcel generally depicted as ``Hollis'' on
map 9, comprising approximately 1,538 acres.
(G) The parcel generally depicted as ``Shelter Cove
Area'' on map 7, comprising approximately 8,224 acres.
(3) Map.--The term ``map'' means the applicable map prepared
by the Alaska Region of the Forest Service to accompany this
Act--
(A) numbered 1, 2, 3, 4, 5, 6, 7, 8, or 9 and dated
March 3, 2017; or
(B) numbered 10 and dated March 9, 2017.
(4) Non-federal land.--The term ``non-Federal land'' means
the following 20 parcels of non-Federal land, as generally
depicted on maps 1 through 6 and map 10, comprising a total of
approximately 18,258 acres:
(A) The parcel generally depicted as parcel K-1 on
map 1, comprising approximately 1,878 acres.
(B) The parcel generally depicted as parcel K-2 on
map 1, comprising approximately 707 acres.
(C) The parcel generally depicted as parcel K-3 on
map 1, comprising approximately 901 acres, including
the 12-acre conservation easement described in section
4(e)(1).
(D) The parcel generally depicted as parcel K-4A on
map 1, comprising approximately 3,180 acres.
(E) The parcel generally depicted as parcel P-1A on
map 2, comprising approximately 3,174 acres, including
the administrative site described in section 5(c).
(F) The parcel generally depicted as parcel P-1B on
map 2, comprising approximately 144 acres.
(G) The parcel generally depicted as parcel P-2B on
map 2, comprising approximately 181 acres.
(H) The parcel generally depicted as parcel P-3B on
map 2, comprising approximately 92 acres.
(I) The parcel generally depicted as parcel P-4 on
map 2, comprising approximately 280 acres.
(J) The parcel generally depicted as parcel W-1 on
map 3, comprising approximately 204 acres.
(K) The parcel generally depicted as parcel W-2 on
map 3, comprising approximately 104 acres.
(L) The parcel generally depicted as parcel W-3 on
map 3, comprising approximately 63 acres.
(M) The parcel generally depicted as parcel W-4 on
map 3, comprising approximately 700 acres.
(N) The parcel generally depicted as parcel S-2 on
map 4, comprising approximately 284 acres.
(O) The parcel generally depicted as parcel S-3 on
map 4, comprising approximately 109 acres.
(P) The parcel generally depicted as parcel S-4 on
map 4, comprising approximately 26 acres.
(Q) The parcel generally depicted as parcel MC-1 on
map 5, comprising approximately 169 acres.
(R) The parcel generally depicted as parcel J-1B on
map 6, comprising approximately 2,261 acres.
(S) The parcel generally depicted as parcel J-1A on
map 6, comprising approximately 428 acres.
(T) The parcel generally depicted as parcel NB-1 on
map 10, comprising approximately 3,374 acres.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(6) 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, in the 2 phases described in subsection (n), all
right, title, and interest of the Alaska Mental Health Trust in and to
the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) offer to exchange with the Alaska Mental Health Trust, in
the 2 phases described in subsection (n), all right, title, and
interest of the United States in and to the Federal land.
(b) Condition on Acceptance.--Title to any non-Federal land
conveyed by the Alaska Mental Health Trust to the Secretary under
subsection (a) shall be in a form that is acceptable to the Secretary.
(c) Valid Existing Rights.--The conveyances under subsection (a)
shall be subject to any valid existing rights, reservations, rights-of-
way, or other encumbrances of third parties in, to, or on the Federal
land and the non-Federal land as of the date of enactment of this Act.
(d) Reciprocal Road Easements.--
(1) In general.--The Secretary and the Alaska Mental Health
Trust shall exchange at no cost reciprocal easements on
existing roads as necessary to access the parcels each party
acquires in the exchange.
(2) Public access.--The reciprocal easements exchanged under
paragraph (1) shall provide for public access.
(3) Cost share agreement.--The Secretary and the Alaska
Mental Health Trust may enter into a separate cost-share
agreement to cover the cost of road maintenance with respect to
the reciprocal easements exchanged under paragraph (1).
(e) K-3 Parcel Landfill Buffer.--
(1) In general.--As a condition of the exchange under
subsection (a), in conveying the parcel of non-Federal land
described in section 3(4)(C) to the United States, the Alaska
Mental Health Trust shall grant to the United States a 300-foot
conservation easement abutting that parcel along the interface
of the parcel and the City of Ketchikan landfill (as in
existence on the date of enactment of this Act), as generally
depicted on map 1.
(2) Development and ownership.--The conservation easement
described in paragraph (1) shall provide that the land covered
by the easement remains undeveloped and in the ownership of the
Alaska Mental Health Trust.
(3) Equalization.--The value of the conservation easement
described in paragraph (1) shall be included in the value of
the non-Federal land for purposes of equalizing the values of
the Federal land and the non-Federal land under subsection (j).
(f) Research Easements.--
(1) In general.--In order to allow time for the completion of
research activities of the Forest Service that are ongoing as
of the date of enactment of this Act, in conveying the Federal
land to the Alaska Mental Health Trust under subsection (a),
the Secretary shall reserve research easements for the
following Forest Service study plots (as in existence on the
date of enactment of this Act):
(A) The Sarkar research easement study plot on the
parcel of Federal land described in section 3(2)(B), as
generally depicted on map 8, to remain in effect for
the 10-year period beginning on the date of enactment
of this Act.
(B) The Naukati commercial thinning study plot on the
parcel of Federal land described in section 3(2)(B), as
generally depicted on map 8, to remain in effect for
the 15-year period beginning on the date of enactment
of this Act.
(C) The POW Yatuk study plot on the parcel of Federal
land described in section 3(2)(A), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(D) The POW Naukati study plot on the parcel of
Federal land described in section 3(2)(D), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(E) The Revilla George study plot on the parcel of
Federal land described in section 3(2)(G), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(2) Prohibited activities.--The Alaska Mental Health Trust
shall not construct any new road or harvest timber on any study
plot covered by a research easement described in paragraph (1)
during the period described in subparagraph (A), (B), (C), (D),
or (E) of that paragraph, as applicable.
(g) Area of Karst Concern.--
(1) In general.--In conveying the parcels of Federal land
described in subparagraphs (A) and (D) of section 3(2) to the
Alaska Mental Health Trust under subsection (A), the Secretary
shall reserve to the United States a conservation easement that
shall protect the aquatic and riparian habitat within the area
labeled ``Conservation Easement'', as generally depicted on map
8.
(2) Prohibited activities.--The conservation easement
described in paragraph (1) shall prohibit within the area
covered by the conservation easement--
(A) new road construction and timber harvest within
100 feet of any anadromous water bodies (including
underground water bodies); and
(B) commercial mineral extraction.
(h) Compliance With Applicable Law.--Prior to completing each phase
of the land exchange described in subsection (N), the Secretary shall
complete, for the land to be conveyed in the applicable phase, any
necessary land surveys and required preexchange 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.
(i) Appraisals.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act--
(A) the Secretary and the Alaska Mental Health Trust
shall select an appraiser to conduct appraisals of the
Federal land and the non-Federal land; and
(B) the Secretary shall issue all appraisal
instructions for those appraisals.
(2) Requirements.--
(A) In general.--All appraisals under paragraph (1)
shall be conducted in accordance with nationally
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 the
non-Federal land for each phase of the exchange
described in subsection (n) are approved by the
Secretary, the Secretary shall not be required
to reappraise or update the final appraised
values of the Federal land and the non-Federal
land.
(ii) Exchange agreement.--After the date on
which an agreement to exchange the Federal land
and non-Federal is entered into under this Act,
no reappraisal or updates to the final
appraised values of the Federal land and the
non-Federal land approved by the Secretary
shall be required.
(3) Public review.--Before completing each phase of the land
exchange described in subsection (n), the Secretary shall make
available for public review summaries of the appraisals of the
Federal land and the non-Federal land for the applicable phase.
(j) Equal Value Land Exchange.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under subsection (A) shall be--
(A) equal; or
(B) 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 in phase 2 of the exchange (after
applying any cash equalization credit or debit from
phase 1 of the exchange under subsection (n)(2)), the
Federal land shall be adjusted by removing 1 or more
parcels, or 1 or more portions of parcels, as
determined by the Alaska Mental Health Trust, with the
concurrence of the Secretary, in accordance with
subparagraph (B) until, to the maximum extent
practicable, approximate equal value of the Federal
land and non-Federal land is achieved.
(B) Order of priority.--The parcels of Federal land
shall be removed under subparagraph (A) in the reverse
order in which the parcels are listed in section 3(2),
beginning with subparagraph (G).
(3) Surplus of non-federal land value.--
(A) In general.--If the final appraised value of the
non-Federal land exceeds the final appraised value of
the Federal land in phase 2 of the exchange (after
applying any cash equalization credit or debit from
phase 1 of the exchange under subsection (n)(2)), the
non-Federal land shall be adjusted by removing 1 or
more parcels, or 1 or more portions of parcels, as
determined by the Alaska Mental Health Trust, with the
concurrence of the Secretary, in accordance with
subparagraph (B) until, to the maximum extent
practicable, approximate equal value of the Federal
land and non-Federal land is achieved.
(B) Order of priority.--The parcels of non-Federal
land shall be removed under subparagraph (A) in the
reverse order in which the parcels are listed in
section 3(4), beginning with subparagraph (T).
(C) Waiver of cash equalization.--In order to
expedite completion of the exchange, if the values of
the Federal land and the non-Federal land cannot be
equalized under this paragraph, the Alaska Mental
Health Trust may, at its sole discretion, elect to
waive any cash equalization payment that would
otherwise be due from the United States under paragraph
(4).
(4) Remaining difference.--Any remaining difference in value
after adjusting the Federal land or non-Federal land under
paragraph (2)(A) or (3)(A), respectively, shall be equalized
by--
(A) removal of a portion of a parcel of the Federal
land or the non-Federal land, as applicable, as
determined by the Alaska Mental Health Trust, with the
concurrence of the Secretary;
(B) the payment of a cash equalization, as necessary,
by the Secretary or the Alaska Mental Health Trust, as
appropriate, in accordance with section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)); or
(C) a combination of the methods described in
subparagraphs (A) and (B), as determined by the Alaska
Mental Health Trust, with the concurrence of the
Secretary.
(k) Costs.--As a condition of the land exchange under this Act, the
Alaska Mental Health Trust shall agree to pay, without compensation,
all costs that are associated with each phase of the exchange described
in subsection (n), including--
(1) all costs to complete the land surveys, appraisals, and
environmental reviews described in subsection (h) such that the
exchange may be completed in accordance with the deadlines
described in subsection (n); and
(2) on request of the Secretary, reimbursement of costs for
agency staff, additional agency staff, or third-party
contractors appropriate such that the exchange may be completed
in accordance with the deadlines described in subsection (n).
(l) Land Surveys, Approvals, Uses.--
(1) Survey instructions.--Not later than 90 days after the
date of enactment of this Act, the Secretary of the Interior
shall issue survey instructions to assist in the timely
completion of all land surveys necessary to complete the land
exchange under subsection (A) in accordance with the deadlines
described in subsection (n).
(2) Surveys.--Unless otherwise agreed to by the Secretary and
the Alaska Mental Health Trust, after consultation with the
Secretary of the Interior, land surveys shall not be required
for--
(A) any portion of the boundaries of the non-Federal
land that is contiguous to--
(i) National Forest System land, as in
existence on the date of enactment of this Act;
or
(ii) land that has been surveyed or lotted as
of the date of enactment of this Act;
(B) any portion of the boundaries of the Federal land
that is contiguous to--
(i) land owned as of the date of enactment of
this Act by--
(I) the Alaska Mental Health Trust;
or
(II) the State; or
(ii) land that has been surveyed or lotted as
of the date of enactment of this Act;
(C) any portion of the boundaries that the Secretary
and the Alaska Mental Health Trust agree, after
consultation with the Secretary of the Interior, is
adequately defined by a survey, mapping, or aliquot
part, or other legal description; and
(D) any portion of the boundaries of the non-Federal
land that--
(i) the United States tentatively conveyed to
the State without survey;
(ii) is being reconveyed to the United States
in the land exchange under subsection (A); and
(iii) is not surveyed as of the date of
enactment of this Act.
(m) Parcel Adjustment.--If a portion of a parcel of the Federal
land or the non-Federal land to be conveyed under subsection (A) cannot
be conveyed due to the presence of hazardous materials--
(1) the portion shall be removed from the exchange; and
(2) the final exchange values shall be equalized in
accordance with subsection (J).
(n) Land Exchange Phases.--
(1) In general.--The land exchange under subsection (a) shall
be completed in 2 phases, as specifically described in
paragraphs (2) and (3).
(2) Phase 1.--
(A) In general.--Subject to subparagraph (B), not
later than 1 year after the date of enactment of this
Act--
(i) the Secretary shall convey to the Alaska
Mental Health Trust the parcel of Federal land
described in section 3(2)(A); and
(ii) the Alaska Mental Health Trust shall
simultaneously convey to the United States the
parcels of non-Federal land described in
subparagraphs (A) and (B) of section 3(4).
(B) Conditions.--Subparagraph (A) shall be subject to
the following conditions:
(i) The land conveyed under this subparagraph
shall be appraised--
(I) separately from the land
described in paragraph (3); but
(II) in accordance with the
nationally recognized appraisal
standards described in subsection
(i)(2)(A).
(ii) Any cash equalization payment that would
otherwise be necessary to be paid by the
Secretary or the Alaska Mental Health Trust on
the completion of the conveyance under this
paragraph shall be--
(I) deferred until the completion of
the conveyance under paragraph (3); and
(II) debited or credited, as
appropriate, to any final land or cash
equalization that may be due from
either party on the completion of the
conveyance under paragraph (3).
(3) Phase 2.--Subject to subsection (j), not later than 2
years after the date of enactment of this Act--
(A) the Secretary shall convey to the Alaska Mental
Health Trust the Federal land described in
subparagraphs (B) through (G) of section 3(2); and
(B) the Alaska Mental Health Trust shall
simultaneously convey to the United States the non-
Federal land described in subparagraphs (C) through (T)
of section 3(4).
SEC. 5. USE OF THE FEDERAL LAND AND NON-FEDERAL LAND.
(a) Federal Land Conveyed to the Alaska Mental Health Trust.--On
conveyance of the Federal land to the Alaska Mental Health Trust under
this Act, the Federal land shall--
(1) become the property of the Alaska Mental Health Trust;
and
(2) be available for any use permitted under applicable law
(including regulations).
(b) Non-Federal Land Acquired by the Secretary.--
(1) In general.--On acquisition of the non-Federal land by
the Secretary under this Act, the non-Federal land shall--
(A) become part of the Tongass National Forest;
(B) be administered in accordance with the laws
applicable to the National Forest System; and
(C) be managed--
(i) to preserve--
(I) the undeveloped natural character
of the non-Federal land, except as
provided in paragraph (3); and
(II) the wildlife, watershed, and
scenic values of the non-Federal land;
and
(ii) to provide for recreational
opportunities consistent with the purposes and
values of the non-Federal land to be preserved
under clause (i), including the development or
maintenance of recreational trails as described
in paragraph (3).
(2) Boundary revision.--On acquisition of the non-Federal
land by the Secretary under this Act, the boundaries of the
Tongass National Forest shall be modified to reflect the
inclusion of the non-Federal land.
(3) Recreational trails.--Nothing in this subsection
precludes the development or maintenance of recreational trails
for hiking, biking, or skiing.
(c) Administrative Site.--On acquisition of the parcel of non-
Federal land described in section 3(4)(E), the Secretary shall set
aside 42 acres of the parcel, in the location generally depicted on map
2, as an administrative site for purposes of the future administrative
needs of the Tongass National Forest.
SEC. 6. WITHDRAWAL.
Subject to valid existing rights, the non-Federal land acquired by
the Secretary under this Act shall be withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
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 or
administrative action that withdraws the Federal land from
appropriation or disposal under a public land law shall be
revoked to the extent necessary to permit the conveyance of the
Federal land.
(2) Withdrawal.--
(A) In general.--If the Federal land or any Federal
interest in the non-Federal land 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.
(B) Termination.--The withdrawal under subparagraph
(A) shall be terminated--
(i) on the date of the completion of the
phase of the land exchange described in section
4(n) covering the applicable Federal land; 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, Descriptions.--
(1) Minor errors.--The Secretary and the Alaska Mental Health
Trust, by mutual agreement, may correct 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 be
given effect 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.
PURPOSE
The purpose of S. 131 is to facilitate and expedite a land
exchange in Southeast Alaska between the Alaska Mental Health
Trust and the Secretary of Agriculture, under which the Alaska
Mental Health Trust would acquire National Forest lands in the
Tongass National Forest to be used to generate revenue for
mental health treatment and care, and the United States would
acquire other lands near communities with important scenic,
conservation, wildlife, and recreational values.
BACKGROUND AND NEED
The Alaska Mental Health Trust (Trust) is a state
corporation established in 1956 to administer a perpetual trust
established for the benefit of Alaskans with mental illness,
developmental disabilities, chronic alcoholism, Alzheimer's
disease, and dementia. The Trust controls nearly one million
acres of land in Alaska, 240,000 acres of which are in
Southeast. For nearly a decade, the Trust has been seeking to
exchange approximately 18,000 acres of forested lands that it
owns near downtown Ketchikan, Juneau, Petersburg, Wrangell,
Sitka, and Myers Chuck for National Forest lands in Ketchikan
and on Prince of Wales Island near Naukati and Hollis.
The Trust formally proposed a land exchange to the U.S.
Forest Service in 2012. On June 30, 2015, the Forest Service
and the Trust completed the ``Agreement To Initiate'' for an
administrative land exchange. That administrative exchange
process could take five or six years to complete. Given delays
in Forest Service timber sale planning, there are serious
concerns that there will not be enough timber available to
support the existing timber industry in Southeast in the near
term.
The 18,000 acres owned by the Trust in Southeast would
generate the most value for the Trust if used for timber
production. However, these lands contain some of the last
remaining parcels of old-growth timber stands along the Inside
Passage. Conserving the old growth stands would preserve
wildlife habitat and watersheds and aid recreation and tourism
in the area. Exchanging the lands owned by the Trust would
protect a number of popular recreation trails in the region:
the Deer Mountain Trail in Ketchikan, the Rainbow Falls Trail
in Wrangell, the Sitka Cross and Haven Hill Trails in Sitka,
the Mt. Bradley Trail in Juneau, and the Raven Trail in
Petersburg.
The legislation will expedite the exchange by breaking it
into two achievable phases, specifying the exact exchange
parcels, and addressing and simplifying complex land survey,
value equalization, cost, and post-exchange management issues.
S. 131 mandates standard Federal appraisals and requires the
appraised value of all lands exchanged to be equal. Value
equalization will be achieved by deleting Federal or Trust
lands from a priority list specified by Congress. Phase 1,
required to be completed within one year of passage, will
exchange 2,400 acres to the Trust at East Naukati on Prince of
Wales Island in return for the Federal government gaining 3,374
acres. All other lands will be conveyed within two years after
the bill's enactment.
LEGISLATIVE HISTORY
Senators Murkowski and Sullivan introduced S. 131 on
January 12, 2017.
Companion legislation, H.R. 513, was introduced in the
House of Representatives by Representative Young on January 12,
2017.
In the 114th Congress, Senators Murkowski and Sullivan
introduced a similar measure, S. 3006, on May 26, 2017. The
measure was also included in S. 3203, the Alaska Economic
Development and Access to Resources Act, introduced by Senators
Murkowski and Sullivan on July 13, 2016. The Committee on
Energy and Natural Resources held a hearing on S. 3006 and S.
3203 on September 22, 2016.
The Committee on Energy and Natural Resources met in open
business session, on March 30, 2017, and ordered S. 131
favorably reported, as amended.
COMMITTEE AMENDMENT
During its consideration of S. 131, the Committee adopted
an amendment in the nature of a substitute to remove lands
owned by the Trust at Katlian Bay in Sitka from the exchange
and to add lands owned by the Trust at No Name Bay on Kuiu
Island. The amendment also provides further direction regarding
the management of the non-federal lands by the Forest Service
to preserve scenic, wildlife and recreation values. The
amendment is further described in the section-by-section
analysis.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 30, 2017, by a voice vote of a
quorum present, recommends that the Senate pass S. 131, if
amended as described herein.
SECTION BY SECTION ANALYSIS
Section 1 provides the short title.
Section 2 provides the purposes of the bill.
Section 3 defines key terms. In particular, the term
``Federal Land'' means the 7 parcels of National Forest System
land, as generally depicted on maps 7 through 9, comprising a
total of approximately 20,580 acres that would be conveyed to
the Alaska Mental Health Trust under the exchange, and the term
``Non-Federal Land'' means the 20 parcels of non-Federal land,
as generally depicted on maps 1 through 6 and map 10,
comprising a total of approximately 18,258 acres.
Section 4 describes the terms of the land exchange.
Subsection (A) provides that if the Alaska Mental Health
Trust offers to convey, to the Secretary of Agriculture, the
lands owned by the Trust and proposed for exchange, the
Secretary of Agriculture shall accept the offer and convey the
Federal lands to the Trust, in the two phases described in this
Act.
Subsection (B) requires the titles to the lands to be in a
form acceptable to the Secretary.
Subsection (C) provides that all conveyances are subject to
valid existing rights.
Subsection (D) provides for reciprocal road easements and
describes the terms of those easements.
Subsections (E) through (G) describe the terms of several
easements and agreements, including the requirement that the
Trust provide a conservation easement abutting a landfill in
Ketchikan, Alaska, that it maintain research easements for 10
or 15 years on tracts at Naukati and Sarkar on Prince of Wales
and another site on Revilla Island, and that it protect karst
deposits.
Subsection (H) requires certain environmental reviews on
the lands to be exchanged be completed prior to completing each
phase of the land exchange.
Subsection (I) describes the process for appraising the
lands to be exchanged and requires that summaries be made
available to the public before completing each phase of the
exchange.
Subsection (J) requires that the value of the Federal land
and non-Federal land to be exchanged under the Act be equal or
otherwise equalized in accordance with the terms described in
this subsection.
Subsection (K) requires the Trust to pay the costs of the
exchange.
Subsections (L) and (M) describe the land survey process
for the lands to be exchanged and the adjustments that shall be
made if hazardous materials are found.
Subsection (N) describes the two land exchange phases.
Section 5 describes how the Federal land and non-Federal
land are to be managed post-exchange.
Section 6 withdraws all lands being acquired by the United
States from the public land laws; mining laws; and mineral
leasing, mineral materials, and geothermal leasing laws.
Section 7 includes miscellaneous provisions related to the
land exchange, including provisions for the revocation of
public land orders and previous withdrawals and provisions
covering the use and minor corrections to the maps referenced
in the legislation.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 131 would require the Forest Service to convey up to
21,500 acres of federal land to the Alaska Mental Health Trust
in exchange for up to 18,300 acres of land owned by the trust.
Under the bill, the Forest Service would be required to
complete the exchange at the request of the trust under the
condition that the parcels to be exchanged are of equal value.
If the parcels are not of equal value, the number of acres
conveyed by the party with the higher valued land would be
reduced. Any lands received by the Forest Service in the
exchange would be managed for conservation purposes.
CBO expects that the land exchange would be completed in
2019. Based on an analysis of information from the agency, we
estimate that under current law the lands that would be
conveyed by the Forest Service will generate receipts from
special use permits totaling roughly $200,000 over the 2019-
2027 period. The agency has the authority to spend about 35
percent of those proceeds. The remaining proceeds, which CBO
estimates would total less than $150,000, would be deposited in
the Treasury. Because those receipts deposited in the Treasury
would not be collected under the bill, CBO estimates that
enacting S. 131 would increase direct spending by that amount.
Therefore, pay-as-you-go procedures apply. Enacting the
legislation would not affect revenues.
CBO estimates that enacting S. 131 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2028.
S. 131 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the State of Alaska. The land exchange authorized
in the bill could increase revenue from resource development on
state trust lands; that revenue would be used to fund mental
health services in the state. Any costs incurred by the State
of Alaska associated with the land exchange or with agreements
with the federal government would result from voluntary
commitments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 131.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the provision. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 131, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 131, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
Because S. 131 is similar to legislation considered by the
Committee in the 114th Congress, the Committee did not request
Executive Agency views. The testimony provided by the Forest
Service at the hearing before the Committee on Energy and
Natural Resources on September 22, 2016, follows:
Statement of Leslie Weldon; Deputy Chief, National Forest System;
Forest Service; U.S. Department of Agriculture
Madam Chairman and members of the Committee, thank you for
the opportunity to present the views of the U.S. Department of
Agriculture (USDA) regarding S. 346, S. 2991, S. 3192, S. 3203,
S. 3254, and S. 3273.
s. 3203, ``the alaska economic development and access to resources
act''
The USDA Forest Service will address Title V of S. 3203 in
this testimony. The other titles of the bill are addressed in
the Department of the Interior's testimony.
section 501
The Department of Agriculture opposes Section 501, which
exempts National Forest System lands in the State of Alaska
from the application of the 2001 Roadless Area Conservation
Rule (the ``Roadless Rule'').
The Roadless Rule protects and conserves inventoried
roadless areas of national forests by prohibiting road
construction, reconstruction, and timber harvest in inventoried
roadless areas. These activities have a high likelihood of
altering and fragmenting landscapes, resulting in immediate,
long-term loss of roadless area values and characteristics.
Notwithstanding the Rule's prohibitions, a road may be
constructed or reconstructed, and timber may be cut, sold, or
removed, in an inventoried roadless area under certain
circumstances. Application of the Roadless Rule to national
forests in Alaska has not hindered approval of appropriate
access or removal of timber in accordance with the Rule.
The Chief of the Forest Service reviews activities planned
in inventoried roadless areas to ensure that the agency is
applying a nationally consistent approach to implementing the
Roadless Rule and that the agency is complying with its mandate
to protect roadless area characteristics. The national forests
in Alaska have requested and received approval for
approximately 46 projects within inventoried roadless areas
since 2011, including, among other things, several
hydroelectric and mineral exploration projects and an intertie
project. These projects have been cleared by the Chief in a
timely manner. Consequently, exempting the national forests in
Alaska from the Roadless Rule is unwarranted.
section 502
This section directs the USDA Forest Service to conduct a
land exchange with the Alaska Mental Health Trust. The
Department supports the goal of this legislation to preserve
significant natural, scenic, and recreational values in
southeastern Alaska communities through a land exchange with
the Alaska Mental Health Trust. Since introduction of the bill,
the USDA Forest Service and executives of the Alaska Mental
Health Trust Authority have worked diligently to refine the
technical details of the land exchange. However, the Department
cannot support the bill as currently written. We would
appreciate an opportunity to work with the Committee to make
technical changes in the language to meet the objectives of the
bill.
section 503
This section directs the USDA Forest Service to convey up
to 2,000,000 acres of the Tongass National Forest to the State
of Alaska for use as state forest land. Alaska would pay market
value for these lands, or convert lands selected by the State
under section 6 of the Alaska Statehood Act, Pub. L. 85-508, as
a credit towards conveyance of National Forest System land.
The Department opposes this section of the bill. Conversion
of these lands to state forest land jeopardizes the values and
benefits provided to Alaska by the multiple-use mandate of the
USDA Forest Service to sustain the health, resilience and
productivity of the national forests for current and future
generations. It would also alter the balance struck in the
Alaska Statehood Act, which limited the State's entitlement to
lands within national forests in Alaska to 400,000 acres, which
have already been selected by the State. The Tongass National
Forest is a major economic driver in southeast Alaska. Its
17,000 miles of undammed creeks, rivers and lakes provide
optimal habitat for five species of salmon, which are critical
to a seafood industry that in 2014 provided 4,372 jobs with
$259 million in earnings. The Tongass National Forest also is
the largest intact temperate rainforest on Earth, containing a
diversity of landscapes, more than 70 species of mammals, 275
species of birds, and unmatched recreation opportunities.
Visitors from around the world come to sightsee, fish, hike,
hunt, camp, view wildlife, and enjoy all that the Tongass
National Forest offers, contributing over a billion dollars in
visitor spending to Alaska's tourism industry and generating
6,923 jobs that provide $189 million in earnings.
We have invested in collaborative approaches to better
manage the forest, develop stronger projects, build public
support for forest management and restoration, and reduce the
risk of litigation. We continue to work collaboratively with
communities, industry, environmental groups and others to
supply wood to local mills, conserve watersheds, accomplish
forest restoration, and provide employment and opportunities
along with a range of other benefits.
There are several collaborative groups currently engaged in
large-scale landscape planning to develop an ecologically,
socially, and economically sustainable forest management
strategy with an emphasis on young growth management, while
providing the necessary ``bridge'' timber for the existing
infrastructure on the Tongass National Forest. It is the
Department's goal to continue these collaborative efforts
towards sustaining a robust timber economy, while also
leveraging the multiple other uses of this national forest.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.
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