Alaska Mental Health Trust Land Exchange Act of 2017

To provide for the exchange of certain National Forest System land and non-Federal land in the State of Alaska, and for other purposes. 1. Short title This Act may be cited as the Alaska Mental Health Trust Land Exchange Act of 2017 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. 3. Definitions In this Act: (1) Alaska Mental Health Trust The term Alaska Mental Health Trust (2) Federal land The term Federal land (A) The parcel generally depicted as Naukati Phase 1 (B) The parcel generally depicted as West Naukati (C) The parcel generally depicted as North Naukati (D) The parcel generally depicted as East Naukati/2016 Naukati addition (E) The parcel generally depicted as Central Naukati (F) The parcel generally depicted as Hollis (G) The parcel generally depicted as Shelter Cove Area (3) Map The term map 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 (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 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 (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) (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). 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. 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. 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 (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) (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.

Summary: Alaska Mental Health Trust Land Exchange Act of 2017 (Sec. 2) This bill states that its purpose is to facilitate and expedite the exchange of land between the Alaska Mental Health Trust Authority (Trust Authority) and the Department of Agriculture (USDA). (Sec. 4) The bill directs USDA to convey to the Alaska Mental Health Trust Authority 7 parcels of federal land if the Trust Authority offers to convey, in two specified phases, 20 parcels of certain nonfederal land. The conveyances of the federal and nonfederal lands shall be subject to valid existing rights, reservations, rights-of-way, or other encumbrances of third parties in, to, or on such lands. USDA and the Trust Authority shall exchange, at no cost, reciprocal easements on existing roads that are necessary to access the parcels of land that each party acquires in the land exchange. The exchanged easements must also provide for public access. USDA and the Trust Authority may enter into a separate cost-share agreement to cover the cost of road maintenance with respect to the easements exchanged. In conveying the K-3 parcel of the nonfederal land, the Trust Authority shall grant to the United States a 300-foot conservation easement abutting such parcel along its interface and the landfill of the city of Ketchikan. Such easement must provide that the land covered by it remains undeveloped and in the ownership of the Trust Authority. The value of such easement must also be included in the value of the nonfederal land for the purpose of equalizing the values of both the federal and nonfederal lands. In order to allow time for the completion of ongoing research activities of the Forest Service, USDA shall reserve research easements on certain parcels for: (1) the Sarkar research easement study plot for a 10-year period; (2) the Naukati commercial thinning study plot for a 15-year period; (3) the Prince of Wales (POW) Yatuk study plot for a 10-year period; (4) the POW Naukati study plot for a 10-year period; and (5) the Revilla George study plot for a 10-year period. The bill prohibits the Trust Authority from constructing new roads or harvesting timber on any study plot covered by an easement during the applicable periods. In conveying the Naukati Phase 1 and East Naukati/2016 Naukati Addition parcels of the federal land to the Trust Authority, USDA shall reserve to the United States a conservation easement that shall protect the aquatic and riparian habitat within a specified area. Such easement shall prohibit within that area: (1) new road construction and timber harvesting within 100 feet of anadromous water bodies (including underground water bodies); and (2) commercial mineral extraction. Before completing each phase of the land exchange, USDA shall complete, for the land to be conveyed in the applicable phase, any necessary land surveys and required pre-exchange clearances, reviews, mitigation activities, and approvals related to: threatened and endangered species, cultural and historic resources, wetland and floodplains, and hazardous materials. USDA and the Trust Authority shall select an appraiser to conduct appraisals of the federal and nonfederal lands in accordance with nationally recognized standards. During a three-year period beginning when the final appraised values of the federal and nonfederal land for each phase of the land exchange are approved by USDA, USDA shall not be required to reappraise or update those values. The bill states that after the date on which an agreement to exchange the federal and nonfederal lands is entered into under this bill, no reappraisal or updates to the final appraised values approved for such lands by USDA shall be required. Before completing each phase of land exchange, USDA shall make summaries of the appraisals of the federal and nonfederal lands for that phase available for public review. The values of the federal and nonfederal lands to be exchanged shall be equal or equalized as prescribed by this bill. The Trust Authority shall agree to pay, without compensation, all costs associated with each phase of the land exchange, including: (1) all costs to complete land surveys, appraisals, and environmental reviews specified in this bill so that the exchange may be completed by the deadlines for the completion of each of the phases; and (2) on request by USDA, reimbursement of costs for appropriate agency staff, additional agency staff, or third-party contractors so that the exchange may be completed by those deadlines. Unless otherwise agreed to by USDA and the Trust Authority, land surveys shall not be required for: (1) any portion of the boundaries of the nonfederal land that is contiguous to existing National Forest System land or land that has been surveyed or lotted; (2) any portion of the boundaries of the federal land that is contiguous to land owned by the Trust Authority or the state of Alaska, or land that has been surveyed or lotted; (3) any portion of the boundaries that USDA and the Trust Authority agree is adequately defined by a survey, mapping, or aliquot part, or other legal description; and (4) any portion of the boundaries of the nonfederal land that the United States tentatively conveyed to the state without a survey, is being reconveyed to the United States in the land exchange, and is unsurveyed as of the date of enactment of this bill. The bill states that, if a portion of a parcel of the federal or nonfederal land to be conveyed cannot be conveyed because of the presence of hazardous materials, that portion shall be removed from the exchange and the final values for such lands shall be equalized in accordance with this bill. (Sec. 5) Upon conveyance of the federal lands to the Trust Authority, they shall become the property of the Trust Authority and be available for any uses permitted under applicable law. Upon conveyance of the nonfederal lands by USDA, they shall become part of Tongass National Forest and be managed to: (1) preserve their undeveloped natural character and wildlife, watershed, and scenic values; and (2) provide for recreational opportunities consistent with the purposes and values for them to be preserved, including the development or maintenance of recreational trails for hiking, biking, or skiing. Upon acquisition of the nonfederal lands by USDA, the boundaries of Tongass National Forest shall be adjusted to reflect their inclusion. Upon acquisition of the P-1A parcel of the nonfederal land, USDA must set aside 42 acres of such parcel in a specified location as an administrative site for purposes of the future administrative needs of the Tongass National Forest. (Sec. 6) The nonfederal land acquired by USDA under this bill shall be withdrawn from: (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) The bill revokes any public land order or administrative action that withdraws the federal land from appropriation or disposal under a public land law to the extent necessary to permit conveyance. If the federal land or any federal interest in the nonfederal 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), such land or interest shall be withdrawn, without further action by USDA, from entry and appropriation. Such a withdrawal shall be terminated: (1) upon the completion of the phase of the land exchange covering the applicable federal land; or (2) if the Trust Authority notifies USDA in writing that it elects to withdraw from that phase of the exchange in accordance with the Federal Land Policy and Management Act of 1976, when USDA receives such notice.