,,ii #aaeth ,,congress #ast ,session ,s4 #aca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ab1 #bjag,ms4 ,murkowski 7for herself and ,mr4 ,sullivan7 introduced the following bill2 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 ,alaska1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alaska ,mental ,health ,trust ,land ,exchange ,act of #bjag4 #b4 ,purpose ,the purpose of this ,act is to facilitate1 authorize1 direct1 and expedite the exchange of land between the ,alaska ,mental ,health ,trust and the ,secretary of ,agriculture in accordance with this ,act-- 7#a7 to preserve the scenic and visual backdrops of southeastern ,alaska communities1 while creating jobs and economic opportunities in more remote areas of the ,state2 7#b7 to secure ,federal ownership and protection of non-,federal land in the ,state that has significant natural1 scenic1 recreational1 and other public values2 and 7#c7 to contribute to the goals and objectives of the ,alaska ,mental ,health ,trust4 #c4 ,definitions ,in this ,act3 7#a7 ,alaska ,mental ,health ,trust ,the term ,alaska ,mental ,health ,trust means the ,alaska ,mental ,health ,trust ,authority1 an agency of the ,state4 7#b7 ,federal land ,the term ,federal land means the following #g parcels of ,national ,forest ,system land1 as generally depicted on maps #g through #i1 comprising a total of approximately #bj1ehj acres3 7,a7 ,the parcel generally depicted as ,naukati ,phase #a on map #h1 comprising approximately #b1djj acres4 7,b7 ,the parcel generally depicted as ,west ,naukati on map #h1 comprising approximately #d1ahb acres4 7,c7 ,the parcel generally depicted as ,north ,naukati on map #h1 comprising approximately #a1caa acres4 7,d7 ,the parcel generally depicted as ,east ,naukati_/#bjaf ,naukati addition on map #h1 comprising approximately #a1jfg acres4 7,e7 ,the parcel generally depicted as ,central ,naukati on map #h1 comprising approximately #a1heh acres4 7,f7 ,the parcel generally depicted as ,hollis on map #i1 comprising approximately #a1ech acres4 7,g7 ,the parcel generally depicted as ,shelter ,cove ,area on map #g1 comprising approximately #h1bbd acres4 7#c7 ,map ,the term map means the applicable map prepared by the ,alaska ,region of the ,forest ,service entitled ,alaska ,mental ,health ,trust ,act of #bjaf-- 7,a7 numbered #a1 #b1 #c1 #d1 #e1 #f1 #g1 or #i and dated ,september #ai1 #bjaf2 or 7,b7 numbered #h and dated ,november #bh1 #bjaf4 7#d7 ,non-,federal land ,the term non-,federal land means the following #bj parcels of non-,federal land1 as generally depicted on maps #a through #f1 comprising a total of approximately #ag1cda acres3 7,a7 ,the parcel generally depicted as parcel ,k-#a on map #a1 comprising approximately #a1hgh acres4 7,b7 ,the parcel generally depicted as parcel ,k-#b on map #a1 comprising approximately #gjg acres4 7,c7 ,the parcel generally depicted as parcel ,k-#c on map #a1 comprising approximately #ija acres1 including the #ab-;acre conservation easement described in section #d7;e77#a74 7,d7 ,the parcel generally depicted as parcel ,k-#d;,a on map #a1 comprising approximately #c1ahj acres4 7,e7 ,the parcel generally depicted as parcel ,p-#a;,a on map #b1 comprising approximately #c1agd acres1 including the administrative site described in section #e7;c74 7,f7 ,the parcel generally depicted as parcel ,p-#a;,b on map #b1 comprising approximately #add acres4 7,g7 ,the parcel generally depicted as parcel ,p-#b;,b on map #b1 comprising approximately #aha acres4 7,h7 ,the parcel generally depicted as parcel ,p-#c;,b on map #b1 comprising approximately #ib acres4 7,i7 ,the parcel generally depicted as parcel ,p-#d on map #b1 comprising approximately #bhj acres4 7,j7 ,the parcel generally depicted as parcel ,w-#a on map #c1 comprising approximately #bjd acres4 7,k7 ,the parcel generally depicted as parcel ,w-#b on map #c1 comprising approximately #ajd acres4 7,l7 ,the parcel generally depicted as parcel ,w-#c on map #c1 comprising approximately #fc acres4 7,m7 ,the parcel generally depicted as parcel ,w-#d on map #c1 comprising approximately #gjj acres4 7,n7 ,the parcel generally depicted as parcel ,s-#a on map #d1 comprising approximately #b1def acres4 7,o7 ,the parcel generally depicted as parcel ,s-#b on map #d1 comprising approximately #bhd acres4 7,p7 ,the parcel generally depicted as parcel ,s-#c on map #d1 comprising approximately #aji acres4 7,q7 ,the parcel generally depicted as parcel ,s-#d on map #d1 comprising approximately #bf acres4 7,r7 ,the parcel generally depicted as parcel ,,mc-#a on map #e1 comprising approximately #afi acres4 7,s7 ,the parcel generally depicted as parcel ,j-#a;,b on map #f1 comprising approximately #b1bfa acres4 7,t7 ,the parcel generally depicted as parcel ,j-#a;,a on map #f1 comprising approximately #dbh acres4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 #d4 ,land exchange 7a7 ,in general ,if the ,alaska ,mental ,health ,trust offers to convey to the ,secretary1 in the #b phases described in subsection 7n71 all right1 title1 and interest of the ,alaska ,mental ,health ,trust in and to the non-,federal land1 the ,secretary shall simultaneously convey to the ,alaska ,mental ,health ,trust1 in the #b phases described in subsection 7n71 all right1 title1 and interest of the ,united ,states in and to the ,federal land4 7b7 ,condition on acceptance ,title to any non-,federal land conveyed by the ,alaska ,mental ,health ,trust to the ,secretary under subsection 7a7 shall be in a form that is acceptable to the ,secretary4 7c7 ,valid existing rights ,unless otherwise agreed to by the ,secretary and the ,alaska ,mental ,health ,trust1 the conveyances under subsection 7a7 shall be subject to any valid existing rights1 reservations1 rights-of-way1 or other encumbrances of third parties in1 to1 or on the ,federal land and the non-,federal land as of the date of enactment of this ,act4 7d7 ,reciprocal road easements 7#a7 ,in general ,in conveying the ,federal land and the non-,federal land under subsection 7a71 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 exchange4 7#b7 ,public access ,the reciprocal easements exchanged under paragraph 7#a7 shall provide for public access4 7#c7 ,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 7#a74 7e7 ,k-#c parcel landfill buffer 7#a7 ,in general ,as a condition of the exchange under subsection 7a71 in conveying the parcel of non-,federal land described in section #c7d77;,c7 to the ,united ,states1 the ,alaska ,mental ,health ,trust shall grant to the ,united ,states a #cjj-;foot conservation easement abutting that parcel along the interface of the parcel and the ,city of ,ketchikan landfill 7as in existence on the date of enactment of this ,act71 as generally depicted on map #a4 7#b7 ,development and ownership ,the conservation easement described in paragraph 7#a7 shall remain undeveloped and in the ownership of the ,alaska ,mental ,health ,trust4 7#c7 ,equalization ,the value of the conservation easement described in paragraph 7#a7 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 7j74 7f7 ,research easements 7#a7 ,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 ,act1 in conveying the ,federal land to the ,alaska ,mental ,health ,trust under subsection 7a71 the ,secretary shall reserve research easements for the following ,forest ,service study plots 7as in existence on the date of enactment of this ,act73 7,a7 ,the ,sarkar research easement study plot on the parcel of ,federal land described in section #c7b77;,b71 as generally depicted on map #h1 to remain in effect for the #aj-year period beginning on the date of enactment of this ,act4 7,b7 ,the ,naukati commercial thinning study plot on the parcel of ,federal land described in section #c7b77;,b71 as generally depicted on map #h1 to remain in effect for the #ae-year period beginning on the date of enactment of this ,act4 7,c7 ,the ,,pow ,yatuk study plot on the parcel of ,federal land described in section #c7b77;,a71 as generally depicted on map #h1 to remain in effect for the #aj-year period beginning on the date of enactment of this ,act4 7,d7 ,the ,,pow ,naukati study plot on the parcel of ,federal land described in section #c7b77;,d71 as generally depicted on map #h1 to remain in effect for the #aj-year period beginning on the date of enactment of this ,act4 7,e7 ,the ,revilla ,george study plot on the parcel of ,federal land described in section #c7b77;,g71 as generally depicted on map #h1 to remain in effect for the #aj-year period beginning on the date of enactment of this ,act4 7#b7 ,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 7#a7 during the period described in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of that paragraph1 as applicable4 7g7 ,area of karst concern 7#a7 ,in general ,in conveying the parcels of ,federal land described in subparagraphs 7,a7 and 7,d7 of section #c7b7 to the ,alaska ,mental ,health ,trust under subsection 7a71 the ,secretary shall reserve to the ,united ,states a conservation easement that shall protect the aquatic and riparian habitat within the area labeled ,conservation ,easement1 as generally depicted on map #h4 7#b7 ,prohibited activities ,the conservation easement described in paragraph 7#a7 shall prohibit within the area covered by the conservation easement-- 7,a7 new road construction and timber harvest within #ajj feet of any anadromous water bodies 7including underground water bodies72 and 7,b7 commercial mineral extraction4 7h7 ,compliance with applicable law ,prior to completing each phase of the land exchange described in subsection 7n71 the ,secretary shall complete1 for the land to be conveyed in the applicable phase1 any necessary land surveys and required preexchange clearances1 reviews1 mitigation activities1 and approvals relating to-- 7#a7 threatened and endangered species2 7#b7 cultural and historic resources2 7#c7 wetland and floodplains2 and 7#d7 hazardous materials4 7i7 ,appraisals 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act-- 7,a7 the ,secretary and the ,alaska ,mental ,health ,trust shall select an appraiser to conduct appraisals of the ,federal land and the non-,federal land2 and 7,b7 the ,secretary shall issue all appraisal instructions for those appraisals4 7#b7 ,requirements 7,a7 ,in general ,all appraisals under paragraph 7#a7 shall be conducted in accordance with nationally recognized appraisal standards1 including-- 7i7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and 7ii7 the ,uniform ,standards of ,professional ,appraisal ,practice4 7,b7 ,final appraised value 7i7 ,in general ,during the #c-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 7n7 are approved by the ,secretary1 the ,secretary shall not be required to reappraise or update the final appraised values of the ,federal land and the non-,federal land4 7ii7 ,exchange agreement ,beginning on the date of entrance into an exchange agreement under subsection 7a71 no reappraisal or updates to the final appraised values of the ,federal land and the non-,federal land approved by the ,secretary shall be required4 7#c7 ,public review ,before completing each phase of the land exchange described in subsection 7n71 the ,secretary shall make available for public review summaries of the appraisals of the ,federal land and the non-,federal land for the applicable phase4 7j7 ,equal value land exchange 7#a7 ,in general ,the value of the ,federal land and the non-,federal land to be exchanged under subsection 7a7 shall be-- 7,a7 equal2 or 7,b7 equalized in accordance with this subsection4 7#b7 ,surplus of ,federal land value 7,a7 ,in general ,if the final appraised value of the ,federal land 7after applying any cash equalization credit or debit from phase #a of the exchange under subsection 7n77#b77 exceeds the final appraised value of the non-,federal land in phase #b of the exchange1 notwithstanding subsection 7a71 #a or more parcels1 or #a or more portions of parcels1 of the ,federal land1 as determined by the ,alaska ,mental ,health ,trust after consultation with the ,secretary1 shall be removed from the conveyance to the ,alaska ,mental ,health ,trust by-- 7i7 removing parcels in accordance with subparagraph 7,b7 until1 to the maximum extent practicable1 approximate equal value is achieved2 and 7ii7 equalizing any remaining difference in value in accordance with paragraph 7#d74 7,b7 ,order of priority ,parcels shall be removed under subparagraph 7,a77i7 in the reverse order of the parcels described in subparagraphs 7,a7 through 7,g7 of section #c7b74 7#c7 ,surplus of non-,federal land value 7,a7 ,in general ,if the final appraised value of the non-,federal land 7after applying any cash equalization credit or debit from phase #a of the exchange under subsection 7n77#b77 exceeds the final appraised value of the ,federal land in phase #b of the exchange1 notwithstanding subsection 7a71 #a or more parcels1 or #a or more portions of parcels1 of the non-,federal land1 as determined by the ,alaska ,mental ,health ,trust after consultation with the ,secretary1 shall be removed from the conveyance to the ,united ,states by-- 7i7 removing parcels in accordance with subparagraph 7,b7 until1 to the maximum extent practicable1 approximate equal value is achieved2 and 7ii7 equalizing any remaining difference in value in accordance with paragraph 7#d74 7,b7 ,order of priority ,parcels shall be removed under subparagraph 7,a77i7 in the reverse order of the parcels1 as described in subparagraphs 7,a7 through 7,t7 of section #c7d74 7,c7 ,waiver of cash equalization ,in order to expedite completion of the exchange1 if the values of the ,federal land and the non-,federal land cannot be exactly equalized under this paragraph1 the ,alaska ,mental ,health ,trust may1 at its sole discretion1 elect to waive any cash equalization payment that would otherwise be due from the ,united ,states under paragraph 7#d74 7#d7 ,remaining difference ,any remaining difference in value shall be equalized under paragraph 7#b77;,a77ii7 or 7#c77;,a77ii71 as applicable1 by-- 7,a7 removal of a portion of a parcel of the ,federal land or the non-,federal land1 as applicable1 as determined by the ,alaska ,mental ,health ,trust after consultation with the ,secretary2 7,b7 the payment of a cash equalization1 as necessary1 by the ,secretary or the ,alaska ,mental ,health ,trust1 as appropriate1 in accordance with section #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;b772 or 7,c7 a combination of the methods described in subparagraphs 7,a7 and 7,b71 as determined by the ,alaska ,mental ,health ,trust after consultation with the ,secretary4 7k7 ,costs ,as a condition of the land exchange under this ,act1 the ,alaska ,mental ,health ,trust shall agree to pay1 without compensation1 all costs that are associated with each phase of the exchange described in subsection 7n71 including-- 7#a7 all costs to complete the land surveys1 appraisals1 and environmental reviews described in subsection 7h7 such that the exchange may be completed in accordance with the deadlines described in subsection 7n72 and 7#b7 on request of the ,secretary1 reimbursement of costs for agency staff1 additional agency staff1 or third-party contractors appropriate such that the exchange may be completed in accordance with the deadlines described in subsection 7n74 7l7 ,land surveys1 approvals1 uses 7#a7 ,survey instructions ,not later than #ij days after the date of enactment of this ,act1 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 7a7 in accordance with the deadlines described in subsection 7n74 7#b7 ,surveys ,unless otherwise agreed to by the ,secretary and the ,alaska ,mental ,health ,trust1 after consultation with the ,secretary of the ,interior1 land surveys shall not be required for-- 7,a7 any portion of the boundaries of the non-,federal land that is contiguous to-- 7i7 ,national ,forest ,system land1 as in existence on the date of enactment of this ,act2 or 7ii7 land that has been surveyed or lotted as of the date of enactment of this ,act2 7,b7 any portion of the boundaries of the ,federal land that is contiguous to-- 7i7 land owned as of the date of enactment of this ,act by-- 7,i7 the ,alaska ,mental ,health ,trust2 or 7,,ii7 the ,state2 or 7ii7 land that has been surveyed or lotted as of the date of enactment of this ,act2 7,c7 any portion of the boundaries that the ,secretary and the ,alaska ,mental ,health ,trust agree1 after consultation with the ,secretary of the ,interior1 is adequately defined by a survey1 mapping1 or aliquot part1 or other legal description2 and 7,d7 any portion of the boundaries of the non-,federal land that-- 7i7 the ,united ,states tentatively conveyed to the ,state without survey2 7ii7 is being reconveyed to the ,united ,states in the land exchange under subsection 7a72 and 7iii7 is not surveyed as of the date of enactment of this ,act4 7#c7 ,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 7a7 shall1 on the conveyance-- 7,a7 become the property of the party to which the land is conveyed2 and 7,b7 be available to the party to which the land is conveyed for all uses permitted under applicable laws 7including regulations74 7m7 ,parcel adjustment ,if a portion of a parcel of the ,federal land or the non-,federal land to be conveyed under subsection 7a7 cannot be conveyed due to the presence of hazardous materials-- 7#a7 the portion shall be removed from the exchange2 and 7#b7 the final exchange values shall be equalized in accordance with subsection 7j74 7n7 ,land exchange phases 7#a7 ,in general ,the land exchange under subsection 7a7 shall be completed in #b phases1 as described in paragraphs 7#b7 and 7#c74 7#b7 ,phase #a 7,a7 ,in general ,subject to subparagraph 7,b7 and subsection 7j71 not later than #a year after the date of enactment of this ,act-- 7i7 the ,secretary shall convey to the ,alaska ,mental ,health ,trust the parcel of ,federal land described in section #c7b77;,a72 and 7ii7 the ,alaska ,mental ,health ,trust shall convey to the ,united ,states the parcels of non-,federal land described in subparagraphs 7,a7 and 7,b7 of section #c7d74 7,b7 ,conditions ,subparagraph 7,a7 shall be subject to the following conditions3 7i7 ,the land conveyed under this subparagraph shall be appraised-- 7,i7 separately from the land described in paragraph 7#c72 but 7,,ii7 in accordance with the nationally recognized appraisal standards described in subsection 7i77#b77;,a74 7ii7 ,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-- 7,i7 deferred until the completion of the conveyance under paragraph 7#c72 and 7,,ii7 debited or credited1 as appropriate1 to any final land or cash equalization that may be due from either party on the completion of the conveyance under paragraph 7#c74 7#c7 ,phase #b ,subject to subsection 7j71 not later than #b years after the date of enactment of this ,act-- 7,a7 the ,secretary shall convey to the ,alaska ,mental ,health ,trust the ,federal land described in subparagraphs 7,b7 through 7,g7 of section #c7b72 and 7,b7 the ,alaska ,mental ,health ,trust shall convey to the ,united ,states the non-,federal land described in subparagraphs 7,c7 through 7,t7 of section #c7d74 #e4 ,management of non-,federal land 7a7 ,in general ,on acquisition of the non-,federal land by the ,secretary under this ,act1 the non-,federal land shall-- 7#a7 become part of the ,tongass ,national ,forest2 7#b7 be administered in accordance with the laws applicable to the ,national ,forest ,system2 and 7#c7 be managed to protect the scenic value of the non-,federal land4 7b7 ,boundary revision ,on acquisition of the non-,federal land by the ,secretary under this ,act1 the boundaries of the ,tongass ,national ,forest shall be modified to reflect the inclusion of the non-,federal land4 7c7 ,administrative site ,on acquisition of the parcel of non-,federal land described in section #c7d77;,e71 the ,secretary shall set aside #db acres of the parcel1 in the location generally depicted on map #b1 as an administrative site for purposes of the future administrative needs of the ,tongass ,national ,forest4 #f4 ,withdrawal ,subject to valid existing rights1 the non-,federal land acquired by the ,secretary under this ,act shall be withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under the mineral leasing1 mineral materials1 and geothermal leasing laws4 #g4 ,miscellaneous provisions 7a7 ,revocation of orders2 withdrawal 7#a7 ,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 land4 7#b7 ,withdrawal 7,a7 ,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 7including logging and mineral leasing laws and the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq477 as of the date of enactment of this ,act1 the ,federal land or ,federal interest in the non-,federal land shall be withdrawn1 without further action by the ,secretary1 from entry and appropriation4 7,b7 ,termination ,the withdrawal under subparagraph 7,a7 shall be terminated-- 7i7 on the date of the completion of the phase of the land exchange described in section #d7n7 covering the applicable ,federal land2 or 7ii7 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 #bjf7;d7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;d771 on the date on which the ,secretary receives the notice of the election4 7b7 ,maps1 estimates1 descriptions 7#a7 ,minor errors ,the ,secretary and the ,alaska ,mental ,health ,trust1 by mutual agreement1 may correct minor errors in any map1 acreage estimate1 or description of any land conveyed or exchanged under this ,act4 7#b7 ,conflict ,if there is a conflict between a map1 acreage estimate1 or description of land in this ,act1 the map shall be given effect unless the ,secretary and the ,alaska ,mental ,health ,trust mutually agree otherwise4 7#c7 ,availability ,on the date of enactment of this ,act1 the ,secretary shall file and make available for public inspection in the office of the ,supervisor of the ,tongass ,national ,forest each map4