as otherwise provided in this Act for the period provided 
by this Act. 
(b) LAND DESIGNATIONS.—Land use designations in 
effect on the date of the enactment of this Act for eligible 
portions of the National Forest System conveyed to a 
State under this Act under the applicable land manage-
ment plan shall continue in effect until the patent date. 
(c) SUBSISTENCE
USE
AFTER
THE
SELECTION 
DATE.—In the case of eligible portions of the National 
Forest System in the State of Alaska, the Secretary of 
the Interior shall retain continuing authority to manage 
subsistence uses of fish and wildlife on National Forest 
System lands conveyed under this Act until the patent 
date. 
(d) ACCESS.— 
(1) EASEMENTS.—The Secretary, in accordance 
with the applicable forest transportation plan for a 
unit of the National Forest System and any trans-
portation plan of the State, shall provide access in 
the form of easements across lands owned by the 
United States to and from eligible portions of the 
National Forest System conveyed to the State. The 
duty of the Secretary to deliver patents for such 
easements shall be purely ministerial and shall not 
be withheld or conditioned by any other provision of 
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law. The Secretary shall enter into agreements with 
the Commissioner for the purpose of sharing the 
costs of common use roads. 
(2) STATE DUTY.—Following the patent date, a 
State shall issue easements to the United States for 
reasonable access across acquired eligible portions of 
the National Forest System in the manner provided 
in paragraph (1). 
(e) MINING CLAIMS.— 
(1) IN GENERAL.—Federal mining claims lo-
cated pursuant to the General Mining Law of 1872 
(30 U.S.C. 22 et seq.) on eligible portions of the Na-
tional Forest System before the selection date shall 
remain subject to the laws, rules, regulations, and 
policies of the United States, but such laws, rules, 
regulations, and policies shall be administered by the 
State. The right and ability of a claimholder to pat-
ent such a mining claim and enjoy reasonable access 
to the claim shall not be infringed. An application to 
patent a Federal mining claim located on eligible 
portions of the National Forest System may be 
made by the claimholder with the State and shall 
constitute an election by the claim holder to be sub-
ject to Federal mining claim patent procedures ad-
ministered by the State. 
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(2) ESCROW
AND
SUBSEQUENT
TRANSFER.— 
During the selection-transition period, the Federal 
Government shall escrow all fees and revenues, if 
any, due on Federal mining claims on eligible por-
tions of the National Forest System and on the pat-
ent date transfer those receipts to the State on the 
patent date to the account established by the State 
for purposes of the law specified in section 3(b)(7). 
(3) STATE DUTY.—Any mining claims filed on 
eligible portions of the National Forest System in a 
State after the selection date shall be subject only to 
the laws of the State. 
(f) TRANSFER
OF OTHER RECEIPTS.—Beginning 
with the fiscal year of a State after the patent date, 
escrowed fees and fees from all existing and future issued 
special use permits and all other land management re-
ceipts on eligible portions of the National Forest System 
conveyed to the State under this Act, net of reasonable 
cost of administration, shall be transferred to the State. 
(g) 
EXISTING
OBLIGATIONS
AFTER
PATENT 
DATE.—On the patent date, a State shall assume all Fed-
eral obligations and duties and receive all rights of the 
Forest Service, except that the State shall assume no obli-
gation for any claim for damages or specific performance 
relating to a contract or permit, if such claim arose before 
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the patent date, unless the State receives the benefit from 
such an obligation. 
SEC. 6. MISCELLANEOUS DUTIES OF THE PARTIES AND 
OTHER 
PROVISIONS 
RELATING 
TO 
THE 
TRANSFER. 
(a) HAZARDOUS MATERIALS.—As promptly as prac-
ticable after the date of the enactment of this Act, the 
Secretary shall make available to a State for review and 
inspection, all pertinent records relating to hazardous ma-
terials, if any, on eligible portions of the National Forest 
System available for selection under this Act. The respon-
sibility for costs of remedial action related to such mate-
rials shall be borne by those entities responsible under ex-
isting law. If no party responsible for the hazardous mate-
rials can be determined, remediation responsibility and all 
costs shall remain with the Secretary and remediation as 
agreed to by the Commissioner shall be initiated as soon 
as practical after the patent date. 
(b) JUDICIAL REVIEW.—Selection of land pursuant 
to this Act shall not be subject to judicial review in any 
court of the United States, except— 
(1) to the extent a right of judicial review is 
conferred specifically by the United States Constitu-
tion; 
(2) otherwise conferred by this Act; or 
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(3) when sought by the State on matters per-
taining to rights conferred by this Act. 
(c) RULEMAKING.—No formal rules under section 
553 of title 5, United States Code, are required to imple-
ment this Act. 
(d) SURVEY.—The patent for and use of eligible por-
tions of the National Forest System conveyed to a State 
pursuant to this Act shall not be subject to completion 
of a field survey and may be issued based on a protraction 
survey. However, the Secretary shall complete a field sur-
vey following patent. 
(e) ENCUMBRANCES.—For purposes of an orderly 
transfer of eligible portions of the National Forest System 
to State ownership and transition to State management, 
the Secretary shall provide a list of encumbrances and 
uses of record and otherwise known on the selected lands 
to the Commissioner during the selection-transition pe-
riod. The lands selected under this Act shall be subject 
to all existing encumbrances. 
Æ 
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