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Bill
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H.R. 1657 — what changed

Lake Winnibigoshish Land Exchange Act of 2024

From Introduced in House to Reported in House. 3 sections amended between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Lake Winnibigoshish Land Exchange Act of 2023”.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)
changed Map— The term Map means the map entitled “Proposed Land Exchange - Big Winnie “Heig Land and Timber LLC and Chippewa National Forest” Exchange” and dated January 4, December 14, 2023.
(3)
changed Federal land— The term Federal land means the approximately 13.8 17.5 acres of Federal land in Itasca County, Minnesota, generally depicted as the “Federal Parcel for Exchange” Parcel” on the Map.
(4)
changed Non-Federal land— The term non-Federal land means the approximately 38 36.7 acres of non-Federal land in Itasca County, Minnesota, generally depicted as the “Private Parcel for Exchange” “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)
changed 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 180 days 1 year after receiving the offer—date on which such offer is made—
(1)
accept the offer;
(2)
changed convey to BWLT all right, title, and interest of the United States in and to the Federal land; 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)
added conditioned on title approval for the non-Federal land by the Secretary in accordance with subsection (e);
(2)
added 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)
added 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)
renumbered was (3)(3) subject to valid existing rights; and
(5)
added subject to any other terms and conditions the Secretary determines appropriate.
(2)
removed 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.
(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)
changed Exception— If Notwithstanding any other provision of law, if the appraised value of the non-Federal land to be conveyed to the Secretary 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)
changed In general— The value of the land to be exchanged under this Act shall be determined by appraisals conducted by one or more an independent and qualified appraisers appraiser mutually agreed to by the Secretary and BWLT.
(2)
changed Appraisal standards— The Secretary shall complete an appraisal 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)
changed Format— Title to the non-Federal land to be conveyed to the Secretary United States under this Act shall be in a format acceptable to found sufficient by the Secretary.Secretary pursuant to section 3111 of title 40, United States Code.
(f)
changed Management of acquired land— The non-Federal land acquired by the Secretary 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)
changed In general— As soon as practicable after the date of enactment of this Act, the Secretary shall finalize a the Map and legal descriptions of all land to be conveyed under this Act.
(2)
changed Controlling document— In the case of a discrepancy between the Map and a legal description, the Map legal description shall control.
(3)
changed 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 parcel and the non-Federal land parcel.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)
added Closing costs— As a condition for the exchange under subsection (a), BWLT shall pay all closing costs associated with the exchange, including for—
(1)
added title insurance and title search;
(2)
added any applicable inspection fees, escrow fees, attorneys fees, and recording fees; and
(3)
added 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)
added Survey—
(1)
added 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)
added Costs of survey— BWLT shall bear all costs associated with the surveys under paragraph (1).