[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1657 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 1657
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Received; read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
AN ACT
To provide for a land exchange in the Chippewa National Forest,
Minnesota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Winnibigoshish Land Exchange
Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) BWLT.--The term ``BWLT'' means Big Winnie Land and
Timber, LLC, a Minnesota Limited Liability Corporation.
(2) Map.--The term ``Map'' means the map entitled ``Heig
Land Exchange'' and dated December 14, 2023.
(3) Federal land.--The term ``Federal land'' means the
approximately 17.5 acres of Federal land in Itasca County,
Minnesota, generally depicted as the ``Federal Parcel'' on the
Map.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 36.7 acres of non-Federal land in Itasca
County, Minnesota, generally depicted as the ``Non-Federal
Parcel'' on the Map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 3. EXCHANGE OF LAND.
(a) Exchange Authorized.--Subject to the provisions of this Act, if
BWLT offers to convey the non-Federal land to the United States, the
Secretary shall, not later than 1 year after the date on which such
offer is made--
(1) accept the offer;
(2) convey to BWLT all right, title, and interest of the
United States in and to the Federal land, excepting and
reserving an easement for road access to National Forest System
land west of the Federal Parcel; and
(3) accept from BWLT all right, title, and interest of BWLT
in and to the non-Federal land.
(b) Requirements.--The exchange under subsection (a) shall be--
(1) conditioned on title approval for the non-Federal land
by the Secretary in accordance with subsection (e);
(2) conditioned on a cash equalization payment made by BWLT
to the United States in accordance with subsection (c) if,
under the appraisals conducted in accordance with this Act, it
is determined that the value of the Federal land exceeds the
value of the non-Federal land;
(3) conditioned on the satisfactory completion of a Phase I
Environmental Site Assessment by BWLT, provided to the
Secretary, in advance of the acceptance of the non-Federal
parcel;
(4) subject to valid existing rights; and
(5) subject to any other terms and conditions the Secretary
determines appropriate.
(c) Equal Value and Cash Equalization.--
(1) In general.--Except as provided in paragraph (2), the
exchange under subsection (a) shall be for equal value or the
values shall be equalized by a cash payment.
(2) Exception.--Notwithstanding any other provision of law,
if the appraised value of the non-Federal land to be conveyed
to the United States exceeds the appraised value of the Federal
land, a cash equalization payment by the United States to BWLT
is hereby waived and the amount of such waived payment shall be
considered a donation by BWLT to the United States for all
purposes of law.
(d) Appraisals.--
(1) In general.--The value of the land to be exchanged
under this Act shall be determined by appraisals conducted by
an independent and qualified appraiser mutually agreed to by
the Secretary and BWLT.
(2) Appraisal standards.--The Secretary shall complete
appraisals of the land to be exchanged under this Act in
accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(e) Format.--Title to the non-Federal land to be conveyed to the
United States under this Act shall be found sufficient by the Secretary
pursuant to section 3111 of title 40, United States Code.
(f) Management of Acquired Land.--The non-Federal land acquired by
the United States under subsection (a) shall be--
(1) added to, and managed as part of, the Chippewa National
Forest; and
(2) managed in accordance with the laws, rules, and
regulations pertaining to National Forest System lands.
(g) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the Map and
legal descriptions of all land to be conveyed under this Act.
(2) Controlling document.--In the case of a discrepancy
between the Map and a legal description, the Map shall control.
(3) Corrections.--The Secretary and BWLT, by mutual
agreement, may correct any minor errors in the Map or in the
legal descriptions, including with respect to the boundaries of
the Federal land and the non-Federal land.
(4) Map on file.--The Map and legal descriptions shall be
on file and available for public inspection in appropriate
offices of the Forest Service.
(h) Closing Costs.--As a condition for the exchange under
subsection (a), BWLT shall pay all closing costs associated with the
exchange, including for--
(1) title insurance and title search;
(2) any applicable inspection fees, escrow fees, attorneys
fees, and recording fees; and
(3) any environmental analysis or resource survey required
under Federal law, regulation, or policy, including a Phase I
Environmental Site Assessment of the non-Federal land.
(i) Survey.--
(1) In general.--The exact acreages and legal descriptions
of the Federal and non-Federal land to be exchanged under
subsection (a) shall be determined by surveys satisfactory to
the Secretary.
(2) Costs of survey.--BWLT shall bear all costs associated
with the surveys under paragraph (1).
Passed the House of Representatives September 24, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.