I 
115TH CONGRESS 
1ST SESSION 
H. R. 232 
To authorize States to select and acquire certain National Forest System 
lands to be managed and operated by the State for timber production 
and for other purposes under the laws of the State, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To authorize States to select and acquire certain National 
Forest System lands to be managed and operated by 
the State for timber production and for other purposes 
under the laws of the State, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘State National Forest Management Act of 2017’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. State selection of eligible portions of the National Forest System for ac-
quisition and management. 
Sec. 4. Transition provisions during the exchange-transition period. 
Sec. 5. Transition provisions outside the transition period. 
Sec. 6. Miscellaneous duties of the parties and other provisions relating to the 
transfer. 
Sec. 7. Conditions on changes to land management plans regarding manage-
ment of young-growth stands. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Commissioner’’ means the head 
of the Department of Natural Resources of a State 
or comparable State agency. 
(2) The term ‘‘eligible portions of the National 
Forest System’’ means all right, title, and interest of 
the United States in and to the surface and sub-
surface lands and real property (including structures 
and facilities owned by the Forest Service) included 
as part of the National Forest System in a State. 
The term does not include Conservation System 
Units (as that term is defined in the Alaska Na-
tional Interest Lands Conservation Act) and areas 
or national memorials protected by an Act of Con-
gress. 
(3) The term ‘‘Federal obligation’’— 
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(A) means any obligation or duty of the 
Forest Service arising out of any lease, permit, 
license, contract, and other legal instruments 
issued by or with the Forest Service relating to 
eligible portions of the National Forest System; 
and 
(B) does not include any obligation with 
respect to a Federal law, regulation, or policy. 
(4) The term ‘‘forest operations’’ means the de-
velopment of forest operating plans for eligible por-
tions of the National Forest System acquired by a 
State, including the conduct of inventories of timber 
resources and the engineering of necessary access 
needed necessary for timber management and re-
lated management activities. 
(5) The term ‘‘patent date’’ means the last day 
of the selection-transition period. 
(6) The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Chief of the For-
est Service. 
(7) The term ‘‘selection date’’ means the date 
on which a State elects to acquire eligible portions 
of the National Forest System and notifies the Sec-
retary of such election under section 3(a). 
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(8) The term ‘‘selection-transition period’’ 
means the period beginning on the selection date 
and ending no more than one year thereafter, on the 
patent date. 
(9) The term ‘‘State’’ means each of the several 
States and the Commonwealth of Puerto Rico. 
(10) The term ‘‘State forest practices law’’ 
means a forest practices law applicable to State or 
privately owned forest land in a State, including es-
tablished silvicultural best management practices or 
other regulations for forest management practices 
related to clean water, soil quality, wildlife or forest 
health. 
(11) The term ‘‘State obligation’’ means any 
obligation or duty of the State arising out of any 
lease, permit, license, contract and other legal in-
struments issued by or with the State relating to the 
selected lands under this Act. 
SEC. 3. STATE SELECTION OF ELIGIBLE PORTIONS OF THE 
NATIONAL FOREST SYSTEM FOR ACQUISI-
TION AND MANAGEMENT. 
(a) SELECTION
AUTHORIZED; CONVEYANCE
RE-
QUIRED.—During the 10-year period beginning on the 
date of the enactment of this Act, if a State elects pursu-
ant to subsection (b) to select and acquire eligible portions 
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of the National Forest System in that State under the 
terms and conditions of this Act and notifies the Secretary 
of such selection, then the Secretary shall convey the eligi-
ble portions of the National Forest System so selected to 
the State in accordance with subsection (d). All convey-
ances shall be subject to valid existing rights. 
(b) FORM OF ELECTION.—The election by a State 
to select and acquire eligible portions of the National For-
est System in that State pursuant to subsection (a) shall 
be executed in the form of a bill enacted into law by the 
legislature of that State. Such a law shall provide, at a 
minimum, the following: 
(1) That the State elects to acquire eligible por-
tions of the National Forest System in that State— 
(A) pursuant to purchase for fair-market 
value; 
(B) in exchange for State lands of equal 
value; 
(C) in satisfaction of land selection rights 
pursuant to the law by which the State was ad-
mitted to the Union; or 
(D) any combination of the preceding 
paragraphs. 
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(2) Identifies the eligible portions of the Na-
tional Forest System to be acquired and the method 
by which the State will acquire the land. 
(3) Acceptance by the State that acquisition of 
the identified eligible portions of the National Forest 
System is subject to valid existing rights. 
(4) Acceptance by the State of the procedures 
specified in this Act and the transition provisions of 
this Act. 
(5) In the case of the State of Alaska, accept-
ance by the State of the rights and obligations of the 
United States under the Alaska Native Claims Set-
tlement Act with respect to acquired lands, rights in 
such lands, and use of lands acquired by that State 
shall not be infringed by that State. 
(6) Specification that up to 50 percent of the 
annual harvest of timber from eligible portions of 
the National Forest System to be acquired shall be 
offered in at least 10-year contracts, and timber 
sales shall, to the maximum extent practicable, pro-
vide sufficient volume to meet the needs of all wood 
processing operations existing in that State as of the 
date of the enactment of this Act, and forest oper-
ations shall be performed in compliance with the 
State forest practices law. 
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(7) Acceptance by the State that eligible por-
tions of the National Forest System open to mineral 
entry under the general mining laws of the United 
States shall remain open to mineral entry under 
State law unless subsequently changed by a State 
mineral closing order. 
(c) MULTIPLE STATE LAWS; ACREAGE LIMITA-
TION.—During the selection period specified in subsection 
(a), a State may enact more than one law to select and 
acquire eligible portions of the National Forest System in 
that State, except that the total quantity of National For-
est System land acquired by the State under this Act may 
not exceed 2,000,000 acres. 
(d) PROCEDURE.—Beginning on the selection date 
for a State’s acquisition of eligible portions of the National 
Forest System in that State, the Secretary shall prepare 
patents conveying the National Forest System lands se-
lected by the State and shall convey such patents to the 
State on the patent date. The duty of the Secretary to 
prepare and convey such patents under this Act shall be 
purely ministerial and conveyance of the patent on the 
patent date shall not be withheld or conditioned by any 
other provision of law except as provided herein. The 
United States Supreme Court shall have exclusive jurisdic-
tion to issue such writs and compel such actions as may 
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be necessary to accomplish the conveyance made under 
this Act. 
(e) OTHER PROPERTY.—Beginning on the selection 
date for a State’s acquisition of eligible portions of the 
National Forest System in that State, in addition to other 
conveyances made under this Act, the Secretary shall con-
vey the right and title to and interest of the United States 
in all other types of property (including real and personal 
property) used for purposes of operating, administering, 
and managing the acquired National Forest System land 
in that State. Such property shall be transferred on the 
patent date and include only that property which is owned 
by the United States and used by the Forest Service pri-
marily on the eligible portions of the National Forest Sys-
tem selected by the State. 
(f) OTHER USES.—Beginning on the selection date 
and concurrent with the selection and conveyance of the 
National Forest System lands and property under this 
Act, the Secretary shall transfer all existing special use 
permits related to the acquired National Forest System 
lands and property to the State. 
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SEC. 4. TRANSITION PROVISIONS DURING THE EXCHANGE- 
TRANSITION PERIOD. 
(a) EXISTING
OBLIGATIONS
OF
THE
UNITED 
STATES.—The United States shall remain obligated for all 
Federal obligations incurred prior to the patent date. 
(b) EMPLOYEES.—During the selection-transition pe-
riod, to the extent practicable, the State shall interview 
each person employed by the Forest Service on the date 
of the enactment of this Act whose employment is made 
redundant by this Act for purposes of reemployment by 
the State in a comparable job within the new State admin-
istrative system for the National Forest System lands ac-
quired by the State under this Act. Employees who do not 
secure employment with the State shall have the option 
of placement in an equivalent position available within the 
Federal Government. 
(c) MANAGEMENT PENDING CONVEYANCE.—During 
the selection-transition period and until the patent date, 
except as provided otherwise under this Act, eligible por-
tions of the National Forest System not yet patented to 
the State under this Act shall be administered and man-
aged under applicable Federal law and land management 
plans. 
(d) TRANSFER
OF CERTAIN RECEIPTS.—Receipts 
from all rentals or sales occurring on eligible portions of 
the National Forest System selected by a State during the 
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(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 
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, 
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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. 
(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 
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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 
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 
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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 
(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 
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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. 
SEC. 7. CONDITIONS ON CHANGES TO LAND MANAGEMENT 
PLANS 
REGARDING 
MANAGEMENT 
OF 
YOUNG-GROWTH STANDS. 
(a) CHANGES CONDITIONED ON COMPREHENSIVE IN-
VENTORY OF THE YOUNG-GROWTH STANDS.—Before any 
change to an applicable land management plan takes ef-
fect that will alter management of young-growth stands 
covered by the land management plan, the Secretary 
shall— 
(1) conduct a comprehensive inventory of the 
young-growth stands; 
(2) provide public notice of the availability of 
the comprehensive inventory; and 
(3) after such public notice, provide a period of 
not less than 90 days for public comment on the 
comprehensive inventory. 
(b) INVENTORY REQUIREMENTS.—At a minimum, 
the comprehensive inventory required by subsection (a) 
shall— 
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(1) include stand-level field work with respect to 
all 462,000 acres of young-growth timber located 
within the Tongass National Forest; and 
(2) assess all age classes of timber inventoried 
for the purpose of refining inventory and growth 
data to properly forecast yields from stands and fu-
ture economic manufacturing feasibility with respect 
to the timber inventoried. 
Æ 
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