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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 131 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2017

 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 2017''.

SEC. 2. PURPOSE.

    The purpose of this Act is to facilitate, authorize, direct, and 
expedite the exchange of land between the Alaska Mental Health Trust 
and the Secretary of Agriculture in accordance with this Act--
            (1) to preserve the scenic and visual backdrops of 
        southeastern Alaska communities, while creating jobs and 
        economic opportunities in more remote areas of the State;
            (2) to secure Federal ownership and protection of non-
        Federal land in the State that has significant natural, scenic, 
        recreational, and other public values; and
            (3) to contribute to 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 entitled 
        ``Alaska Mental Health Trust Act of 2016''--
                    (A) numbered 1, 2, 3, 4, 5, 6, 7, or 9 and dated 
                September 19, 2016; or
                    (B) numbered 8 and dated November 28, 2016.
            (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, comprising a total of 
        approximately 17,341 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-1 on 
                map 4, comprising approximately 2,456 acres.
                    (O) The parcel generally depicted as parcel S-2 on 
                map 4, comprising approximately 284 acres.
                    (P) The parcel generally depicted as parcel S-3 on 
                map 4, comprising approximately 109 acres.
                    (Q) The parcel generally depicted as parcel S-4 on 
                map 4, comprising approximately 26 acres.
                    (R) The parcel generally depicted as parcel MC-1 on 
                map 5, comprising approximately 169 acres.
                    (S) The parcel generally depicted as parcel J-1B on 
                map 6, comprising approximately 2,261 acres.
                    (T) The parcel generally depicted as parcel J-1A on 
                map 6, comprising approximately 428 acres.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

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 simultaneously convey to 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.--Unless otherwise agreed to by the 
Secretary and the Alaska Mental Health Trust, 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.--In conveying the Federal land and the non-
        Federal land under subsection (a), 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 remain 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.--Beginning on the 
                        date of entrance into an exchange agreement 
                        under subsection (a), 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 (after applying any cash equalization 
                credit or debit from phase 1 of the exchange under 
                subsection (n)(2)) exceeds the final appraised value of 
                the non-Federal land in phase 2 of the exchange, 
                notwithstanding subsection (a), 1 or more parcels, or 1 
                or more portions of parcels, of the Federal land, as 
                determined by the Alaska Mental Health Trust after 
                consultation with the Secretary, shall be removed from 
                the conveyance to the Alaska Mental Health Trust by--
                            (i) removing parcels in accordance with 
                        subparagraph (B) until, to the maximum extent 
                        practicable, approximate equal value is 
                        achieved; and
                            (ii) equalizing any remaining difference in 
                        value in accordance with paragraph (4).
                    (B) Order of priority.--Parcels shall be removed 
                under subparagraph (A)(i) in the reverse order of the 
                parcels described in subparagraphs (A) through (G) of 
                section 3(2).
            (3) Surplus of non-federal land value.--
                    (A) In general.--If the final appraised value of 
                the non-Federal land (after applying any cash 
                equalization credit or debit from phase 1 of the 
                exchange under subsection (n)(2)) exceeds the final 
                appraised value of the Federal land in phase 2 of the 
                exchange, notwithstanding subsection (a), 1 or more 
                parcels, or 1 or more portions of parcels, of the non-
                Federal land, as determined by the Alaska Mental Health 
                Trust after consultation with the Secretary, shall be 
                removed from the conveyance to the United States by--
                            (i) removing parcels in accordance with 
                        subparagraph (B) until, to the maximum extent 
                        practicable, approximate equal value is 
                        achieved; and
                            (ii) equalizing any remaining difference in 
                        value in accordance with paragraph (4).
                    (B) Order of priority.--Parcels shall be removed 
                under subparagraph (A)(i) in the reverse order of the 
                parcels, as described in subparagraphs (A) through (T) 
                of section 3(4).
                    (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 
                exactly 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 shall be equalized under paragraph (2)(A)(ii) or 
        (3)(A)(ii), as applicable, 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 after 
                consultation with 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 after consultation with 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.
            (3) Use of land.--Any Federal land or non-Federal land that 
        is conveyed to the Alaska Mental Health Trust or the United 
        States under subsection (a) shall, on the conveyance--
                    (A) become the property of the party to which the 
                land is conveyed; and
                    (B) be available to the party to which the land is 
                conveyed for all uses permitted under applicable laws 
                (including regulations).
    (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 described in paragraphs (2) 
        and (3).
            (2) Phase 1.--
                    (A) In general.--Subject to subparagraph (B) and 
                subsection (j), 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 
                        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 convey to 
                the United States the non-Federal land described in 
                subparagraphs (C) through (T) of section 3(4).

SEC. 5. MANAGEMENT OF NON-FEDERAL LAND.

    (a) In General.--On acquisition of the non-Federal land by the 
Secretary under this Act, the non-Federal land shall--
            (1) become part of the Tongass National Forest;
            (2) be administered in accordance with the laws applicable 
        to the National Forest System; and
            (3) be managed to protect the scenic value of the non-
        Federal land.
    (b) 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.
    (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.
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