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S. 48: Cottonwood Land Exchange Act of 2019

The text of the bill below is as of Jan 8, 2019 (Introduced).


II

116th CONGRESS

1st Session

S. 48

IN THE SENATE OF THE UNITED STATES

January 8, 2019

(for herself and Ms. Sinema) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To authorize, direct, expedite, and facilitate a land exchange in Yavapai County, Arizona, and for other purposes.

1.

Short title

This Act may be cited as the Cottonwood Land Exchange Act of 2019.

2.

Definitions

In this Act:

(1)

County

The term County means Yavapai County, Arizona.

(2)

Federal land

The term Federal land means all right, title, and interest of the United States in and to approximately 80 acres of land within the Coconino National Forest, in Yavapai County, Arizona, generally depicted as Coconino National Forest Parcels Federal Land on the map.

(3)

Map

The term map means the map entitled Cottonwood Land Exchange, with the revision date July 5, 2018\Version 1.

(4)

Non-Federal land

The term non-Federal land means the approximately 369 acres of land in Yavapai County, Arizona, generally depicted as Yavapai County Parcels Non-Federal Land on the map.

(5)

Secretary

The term Secretary means the Secretary of Agriculture, unless otherwise specified.

3.

Land exchange

(a)

In general

If the County offers to convey to the Secretary all right, title, and interest of the County in and to the non-Federal land, the Secretary shall accept the offer and simultaneously convey to the County all right, title, and interest of the United States to the Federal land.

(b)

Land title

Title to the non-Federal land conveyed to the Secretary under this Act shall be acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government.

(c)

Exchange costs

The County shall pay for all land survey, appraisal, and other costs to the Secretary as may be necessary to process and consummate the exchange under this Act, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation.

4.

Equal value exchange and appraisals

(a)

Appraisals

The values of the lands to be exchanged under this Act shall be determined by the Secretary through appraisals performed—

(1)

in accordance with—

(A)

the Uniform Appraisal Standards for Federal Land Acquisitions;

(B)

the Uniform Standards of Professional Appraisal Practice; and

(C)

appraisal instructions issued by the Secretary; and

(2)

by an appraiser mutually agreed to by the Secretary and the County.

(b)

Equal value exchange

The values of the Federal and non-Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows:

(1)

Surplus of Federal land value

If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the County shall make a cash equalization payment to the United States as necessary to achieve equal value, including, if necessary, an amount in excess of that authorized pursuant to section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).

(2)

Use of funds

Any cash equalization moneys received by the Secretary under paragraph (1) shall be—

(A)

deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a); and

(B)

made available to the Secretary for the acquisition of land or interests in land in Region 3 of the Forest Service.

(3)

Surplus of non-Federal land value

If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to the County, and surplus value of the non-Federal land shall be considered a donation by the County to the United States for all purposes of law.

5.

Withdrawal provisions

Lands acquired by the Secretary under this Act are, upon such acquisition, automatically and permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.).

6.

Management of land

Land acquired by the Secretary under this Act shall become part of the Coconino National Forest and be managed in accordance with the laws, rules, and regulations applicable to the National Forest System.

7.

Maps, estimates, and descriptions

(a)

Minor errors

The Secretary and the County may, by mutual agreement—

(1)

make minor boundary adjustments to the Federal and non-Federal lands involved in the exchange; and

(2)

correct any minor errors in any map, acreage estimate, or description of any land to be exchanged.

(b)

Conflict

If there is a conflict between a map, an acreage estimate, or a description of land under this Act, the map shall control unless the Secretary and the County mutually agree otherwise.

(c)

Availability

The Secretary shall file and make available for public inspection in the headquarters of the Coconino National Forest a copy of all maps referred to in this Act.