,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bcb ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjag ,mr4 ,young of ,alaska introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction 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 ,state1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,state ,national ,forest ,management ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,state selection of eligible portions of the ,national ,forest ,system for acquisition and management4 ,sec4 #d4 ,transition provisions during the exchange-transition period4 ,sec4 #e4 ,transition provisions outside the transition period4 ,sec4 #f4 ,miscellaneous duties of the parties and other provisions relating to the transfer4 ,sec4 #g4 ,conditions on changes to land management plans regarding management of young-growth stands4 #b4 ,definitions ,in this ,act3 7#a7 ,the term ,commissioner means the head of the ,department of ,natural ,resources of a ,state or comparable ,state agency4 7#b7 ,the term eligible portions of the ,national ,forest ,system means all right1 title1 and interest of the ,united ,states in and to the surface and subsurface lands and real property 7including structures and facilities owned by the ,forest ,service7 included as part of the ,national ,forest ,system in a ,state4 ,the term does not include ,conservation ,system ,units 7as that term is defined in the ,alaska ,national ,interest ,lands ,conservation ,act7 and areas or national memorials protected by an ,act of ,congress4 7#c7 ,the term ,federal obligation-- 7,a7 means any obligation or duty of the ,forest ,service arising out of any lease1 permit1 license1 contract1 and other legal instruments issued by or with the ,forest ,service relating to eligible portions of the ,national ,forest ,system2 and 7,b7 does not include any obligation with respect to a ,federal law1 regulation1 or policy4 7#d7 ,the term forest operations means the development of forest operating plans for eligible portions of the ,national ,forest ,system acquired by a ,state1 including the conduct of inventories of timber resources and the engineering of necessary access needed necessary for timber management and related management activities4 7#e7 ,the term patent date means the last day of the selection-transition period4 7#f7 ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 7#g7 ,the term selection date means the date on which a ,state elects to acquire eligible portions of the ,national ,forest ,system and notifies the ,secretary of such election under section #c7;a74 7#h7 ,the term selection-transition period means the period beginning on the selection date and ending no more than one year thereafter1 on the patent date4 7#i7 ,the term ,state means each of the several ,states and the ,commonwealth of ,puerto ,rico4 7#aj7 ,the term ,state forest practices law means a forest practices law applicable to ,state or privately owned forest land in a ,state1 including established silvicultural best management practices or other regulations for forest management practices related to clean water1 soil quality1 wildlife or forest health4 7#aa7 ,the term ,state obligation means any obligation or duty of the ,state arising out of any lease1 permit1 license1 contract and other legal instruments issued by or with the ,state relating to the selected lands under this ,act4 #c4 ,state selection of eligible portions of the ,national ,forest ,system for acquisition and management 7a7 ,selection authorized2 conveyance required ,during the #aj-year period beginning on the date of the enactment of this ,act1 if a ,state elects pursuant to subsection 7b7 to select and acquire eligible portions of the ,national ,forest ,system in that ,state under the terms and conditions of this ,act and notifies the ,secretary of such selection1 then the ,secretary shall convey the eligible portions of the ,national ,forest ,system so selected to the ,state in accordance with subsection 7d74 ,all conveyances shall be subject to valid existing rights4 7b7 ,form of election ,the election by a ,state to select and acquire eligible portions of the ,national ,forest ,system in that ,state pursuant to subsection 7a7 shall be executed in the form of a bill enacted into law by the legislature of that ,state4 ,such a law shall provide1 at a minimum1 the following3 7#a7 ,that the ,state elects to acquire eligible portions of the ,national ,forest ,system in that ,state-- 7,a7 pursuant to purchase for fair-market value2 7,b7 in exchange for ,state lands of equal value2 7,c7 in satisfaction of land selection rights pursuant to the law by which the ,state was admitted to the ,union2 or 7,d7 any combination of the preceding paragraphs4 7#b7 ,identifies the eligible portions of the ,national ,forest ,system to be acquired and the method by which the ,state will acquire the land4 7#c7 ,acceptance by the ,state that acquisition of the identified eligible portions of the ,national ,forest ,system is subject to valid existing rights4 7#d7 ,acceptance by the ,state of the procedures specified in this ,act and the transition provisions of this ,act4 7#e7 ,in the case of the ,state of ,alaska1 acceptance by the ,state of the rights and obligations of the ,united ,states under the ,alaska ,native ,claims ,settlement ,act with respect to acquired lands1 rights in such lands1 and use of lands acquired by that ,state shall not be infringed by that ,state4 7#f7 ,specification that up to #ej percent of the annual harvest of timber from eligible portions of the ,national ,forest ,system to be acquired shall be offered in at least #aj-year contracts1 and timber sales shall1 to the maximum extent practicable1 provide sufficient volume to meet the needs of all wood processing operations existing in that ,state as of the date of the enactment of this ,act1 and forest operations shall be performed in compliance with the ,state forest practices law4 7#g7 ,acceptance by the ,state that eligible portions 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 order4 7c7 ,multiple ,state laws2 acreage limitation ,during the selection period specified in subsection 7a71 a ,state may enact more than one law to select and acquire eligible portions of the ,national ,forest ,system in that ,state1 except that the total quantity of ,national ,forest ,system land acquired by the ,state under this ,act may not exceed #b1jjj1jjj acres4 7d7 ,procedure ,beginning on the selection date for a ,state's acquisition of eligible portions of the ,national ,forest ,system in that ,state1 the ,secretary shall prepare patents conveying the ,national ,forest ,system lands selected by the ,state and shall convey such patents to the ,state on the patent date4 ,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 herein4 ,the ,united ,states ,supreme ,court shall have exclusive jurisdiction to issue such writs and compel such actions as may be necessary to accomplish the conveyance made under this ,act4 7e7 ,other property ,beginning on the selection date for a ,state's acquisition of eligible portions of the ,national ,forest ,system in that ,state1 in addition to other conveyances made under this ,act1 the ,secretary shall convey the right and title to and interest of the ,united ,states in all other types of property 7including real and personal property7 used for purposes of operating1 administering1 and managing the acquired ,national ,forest ,system land in that ,state4 ,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 primarily on the eligible portions of the ,national ,forest ,system selected by the ,state4 7f7 ,other uses ,beginning on the selection date and concurrent with the selection and conveyance of the ,national ,forest ,system lands and property under this ,act1 the ,secretary shall transfer all existing special use permits related to the acquired ,national ,forest ,system lands and property to the ,state4 #d4 ,transition provisions during the exchange-transition period 7a7 ,existing obligations of the united states ,the ,united ,states shall remain obligated for all ,federal obligations incurred prior to the patent date4 7b7 ,employees ,during the selection-transition period1 to the extent practicable1 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 administrative system for the ,national ,forest ,system lands acquired by the ,state under this ,act4 ,employees who do not secure employment with the ,state shall have the option of placement in an equivalent position available within the ,federal ,government4 7c7 ,management pending conveyance ,during the selection-transition period and until the patent date1 except as provided otherwise under this ,act1 eligible portions of the ,national ,forest ,system not yet patented to the ,state under this ,act shall be administered and managed under applicable ,federal law and land management plans4 7d7 ,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 selection-transition period shall be kept in escrow and transferred to the ,state on the patent date4 #e4 ,transition provisions outside the transition period 7a7 ,management of selected lands ,beginning on the patent date1 eligible portions of the ,national ,forest ,system conveyed to a ,state under this ,act shall be administered and managed primarily for timber production pursuant to the ,state forest practices law1 except as otherwise provided in this ,act for the period provided by this ,act4 7b7 ,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 management plan shall continue in effect until the patent date4 7c7 ,subsistence use after the selection date ,in the case of eligible portions of the ,national ,forest ,system in the ,state of ,alaska1 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 date4 7d7 ,access 7#a7 ,easements ,the ,secretary1 in accordance with the applicable forest transportation plan for a unit of the ,national ,forest ,system and any transportation plan of the ,state1 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 ,state4 ,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 law4 ,the ,secretary shall enter into agreements with the ,commissioner for the purpose of sharing the costs of common use roads4 7#b7 ,state duty ,following the patent date1 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 7#a74 7e7 ,mining claims 7#a7 ,in general ,federal mining claims located pursuant to the ,general ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bb et seq47 on eligible portions of the ,national ,forest ,system before the selection date shall remain subject to the laws1 rules1 regulations1 and policies of the ,united ,states1 but such laws1 rules1 regulations1 and policies shall be administered by the ,state4 ,the right and ability of a claimholder to patent such a mining claim and enjoy reasonable access to the claim shall not be infringed4 ,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 subject to ,federal mining claim patent procedures administered by the ,state4 7#b7 ,escrow and subsequent transfer ,during the selection-transition period1 the ,federal ,government shall escrow all fees and revenues1 if any1 due on ,federal mining claims on eligible portions of the ,national ,forest ,system and on the patent 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 #c7;b77#g74 7#c7 ,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 ,state4 7f7 ,transfer of ,other receipts ,beginning with the fiscal year of a ,state after the patent date1 escrowed fees and fees from all existing and future issued special use permits and all other land management receipts on eligible portions of the ,national ,forest ,system conveyed to the ,state under this ,act1 net of reasonable cost of administration1 shall be transferred to the ,state4 7g7 ,existing obligations after patent date ,on the patent date1 a ,state shall assume all ,federal obligations and duties and receive all rights of the ,forest ,service1 except that the ,state shall assume no obligation for any claim for damages or specific performance relating to a contract or permit1 if such claim arose before the patent date1 unless the ,state receives the benefit from such an obligation4 #f4 ,miscellaneous duties of the parties and other provisions relating to the transfer 7a7 ,hazardous materials ,as promptly as practicable after the date of the enactment of this ,act1 the ,secretary shall make available to a ,state for review and inspection1 all pertinent records relating to hazardous materials1 if any1 on eligible portions of the ,national ,forest ,system available for selection under this ,act4 ,the responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law4 ,if no party responsible for the hazardous materials can be determined1 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 date4 7b7 ,judicial review ,selection of land pursuant to this ,act shall not be subject to judicial review in any court of the ,united ,states1 except-- 7#a7 to the extent a right of judicial review is conferred specifically by the ,united ,states ,constitution2 7#b7 otherwise conferred by this ,act2 or 7#c7 when sought by the ,state on matters pertaining to rights conferred by this ,act4 7c7 ,rulemaking ,no formal rules under section #eec of title #e1 ,united ,states ,code1 are required to implement this ,act4 7d7 ,survey ,the patent for and use of eligible portions 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 survey4 ,however1 the ,secretary shall complete a field survey following patent4 7e7 ,encumbrances ,for purposes of an orderly transfer of eligible portions of the ,national ,forest ,system to ,state ownership and transition to ,state management1 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 period4 ,the lands selected under this ,act shall be subject to all existing encumbrances4 #g4 ,conditions on changes to land management plans regarding management of young-growth stands 7a7 ,changes conditioned on comprehensive inventory of the young-,growth stands ,before any change to an applicable land management plan takes effect that will alter management of young-growth stands covered by the land management plan1 the ,secretary shall-- 7#a7 conduct a comprehensive inventory of the young-growth stands2 7#b7 provide public notice of the availability of the comprehensive inventory2 and 7#c7 after such public notice1 provide a period of not less than #ij days for public comment on the comprehensive inventory4 7b7 ,inventory requirements ,at a minimum1 the comprehensive inventory required by subsection 7a7 shall-- 7#a7 include stand-level field work with respect to all #dfb1jjj acres of young-growth timber located within the ,tongass ,national ,forest2 and 7#b7 assess all age classes of timber inventoried for the purpose of refining inventory and growth data to properly forecast yields from stands and future economic manufacturing feasibility with respect to the timber inventoried4