Sabine National Forest Land Exchange Act of 2013 - Requires a land exchange between the Secretary of Agriculture (USDA) and the Sabine River Authority of Texas involving the Sabine National Forest, the Indian Mounds Wilderness Area, and the Toledo Bend Project in Texas.
Requires the costs of the land exchange to be shared equally by the Authority and the Secretary, and the land exchange to be conducted on an equal value basis.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3411 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3411
To provide for an exchange of land between the United States Department
of Agriculture and the Sabine River Authority of Texas.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2013
Mr. Gohmert (for himself, Mr. Fleming, Mr. Stockman, Mr. Brady of
Texas, and Mr. Hall) introduced the following bill; which was referred
to the Committee on Agriculture, and in addition to the Committee on
Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for an exchange of land between the United States Department
of Agriculture and the Sabine River Authority of Texas.
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 ``Sabine National Forest Land Exchange
Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Sabine
River Authority of Texas.
(2) Federal land.--The term ``Federal land'' means--
(A) the approximately 4,000 acres of National
Forest System land, excluding the subsurface mineral
estate and including certain land in the wilderness
area, located in Texas within Sabine National Forest
and the Toledo Bend Project boundary, as generally
depicted on a map titled ``Sabine National Forest
Toledo Bend Project Strip Lands''; and
(B) certain additional Federal land, excluding the
subsurface mineral estate, occupied by Forest Service
campgrounds, including all structures, buildings,
fixtures, roads, and other improvements on the land,
adjacent to the Toledo Bend Project, as mutually agreed
by the Secretary and the Authority, and as generally
depicted on the map titled ``Sabine National Forest
Campgrounds, Toledo Bend Project''.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcel or parcels of private land, excluding the subsurface
mineral estate, adjacent to Sabine National Forest--
(A) owned or to be acquired by the Authority; and
(B) mutually agreed upon by the Authority and the
Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(5) Toledo bend project.--The term ``Toledo Bend Project''
means Federal Energy Regulatory Commission Project numbered
2305.
(6) Wilderness area.--The term ``wilderness area'' means
the Indian Mounds Wilderness Area, Sabine National Forest, as
designated by section 2(4) of the Texas Wilderness Act of 1984
(Public Law 98-574; 16 U.S.C. 1132 note).
(7) Wilderness candidate land.--The term ``wilderness
candidate land'' means certain non-Federal land adjacent to the
wilderness area that is intended for inclusion as part of the
wilderness area upon acquisition by the Secretary.
SEC. 3. LAND EXCHANGE, SABINE NATIONAL FOREST.
(a) Land Exchange Authorized and Directed.--In exchange for the
non-Federal land and any cash equalization payment authorized in
subsection (d), the Secretary shall convey to the Authority all right,
title, and interest of the United States in and to the Federal land.
(b) Existing Rights.--The conveyance of the Federal land under
subsection (a) shall be subject to valid existing rights.
(c) Implementation.--
(1) Appraisal.--
(A) Deadline.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
complete an appraisal of the surface estate of the
Federal land and non-Federal land.
(B) Standards.--The appraisal under this paragraph
shall be performed in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions;
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(iii) appraisal instructions issued by the
Secretary.
(C) Effect of restrictive covenant.--In determining
the value of the Federal land, the Secretary shall
account for the limitations on the use of the Federal
land after conveyance imposed by the restrictive
covenant required by subsection (e)(3).
(2) Survey.--The exact acreage and legal description of the
Federal land and non-Federal land, including a separate
accounting of the wilderness candidate land, to be conveyed
under subsection (a) shall be determined by surveys or other
means identifying and describing such land mutually agreed to
by the Secretary and the Authority.
(3) Costs.--The costs of conducting the land exchange under
subsection (a) shall be shared equally by the Authority and the
Secretary.
(d) Cash Equalization.--
(1) Equal value exchange.--The land exchange under
subsection (a) shall be conducted on an equal value basis.
(2) Limits waived.--The values of the lands to be exchanged
under subsection (a) may be equalized through the use of a cash
equalization payment in an amount in excess of the statutory
limit specified in section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(3) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this subsection shall
be deposited into the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The payment
shall be available to the Secretary for expenditure, without
further appropriation and until expended, for the acquisition
of land or interests in land for addition to the National
Forest System.
(e) Title.--
(1) In general.--Title to the non-Federal land conveyed to
the Secretary under this section 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.
(2) Reservation of mineral estate.--The Secretary shall
ensure that the deed of conveyance to convey the Federal land
to the Authority reserves for the United States any subsurface
mineral estate owned by the United States in the Federal land,
including oil, gas, rock, sand, and gravel.
(3) Restrictive covenant.--
(A) In general.--In the deed of conveyance that
conveys the Federal land to the Authority, the
Secretary shall include a covenant, running with the
land, providing that the Federal land conveyed shall--
(i) be used in a manner consistent with the
management of adjacent National Forest System
land or wilderness area land;
(ii) remain unsubdivided; and
(iii) not be used for commercial,
residential, or industrial development.
(B) Prohibition.--The restrictive covenant
described in subparagraph (A) shall not create any
property interest of the United States.
(f) Continued Campground Operation.--The Authority may continue to
operate and maintain the Forest Service campgrounds described in
section 2(2)(B) and conveyed under subsection (a) consistent with the
authorization granted by the Federal Energy Regulatory Commission.
(g) Time for Completion.--It is the intent of Congress that the
land exchange under subsection (a) be completed not later than one year
after the date of the enactment of this Act.
SEC. 4. BOUNDARY ADJUSTMENT, INDIAN MOUNDS WILDERNESS AREA, SABINE
NATIONAL FOREST.
(a) Boundary Adjustment.--Upon completion of the land exchange
under section 3(a), the Secretary shall modify the boundaries of the
wilderness area--
(1) to exclude all wilderness area land that, before the
exchange, was located within the Toledo Bend Project, and such
land shall be removed from wilderness designation and shall
cease to be part of the wilderness area and the National
Wilderness Preservation System under the Wilderness Act (16
U.S.C. 1131 et seq.); and
(2) to include as part of the wilderness area all
wilderness candidate land acquired by the Secretary under such
section, and such land shall be designated as wilderness and as
a component of the National Wilderness Preservation System.
(b) Map and Legal Description.--
(1) Required.--As soon as practicable after completion of
the land exchange under section 3(a), the Secretary shall file
with the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of the
changes made to the boundaries of the wilderness area as a
result of the land exchange.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and description.
(3) Public inspection.--The map and legal description also
shall be on file and available for public inspection in the
appropriate offices of the Forest Service.
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Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
Subcommittee Hearings Held.
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