A bill to direct the Secretary of Agriculture to convey certain National Forest System land located in Franklin County, Mississippi, and for other purposes.

Bill Number

S. 2440

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Public Lands and Natural Resources

Status

Introduced

Latest Action

2025-10-27: Placed on Senate Legislative Calendar under General Orders. Calendar No. 216.

Last Updated

2025-11-05T11:56:18Z

AI-Generated Summary

Purpose of the Legislation

This bill (S. 2440) directs the Secretary of Agriculture to transfer (convey) specific parcels of National Forest System land in Franklin County, Mississippi, to the Scenic Rivers Development Alliance, a state agency of Mississippi. The goal is to support rural economic development, particularly by enabling maintenance and management of the Okhissa Lake Dam and related facilities for public recreation and fish and wildlife habitat.

Key Provisions

• Definitions:
• "Alliance" refers to the Scenic Rivers Development Alliance, a Mississippi state entity.
• "Secretary" means the Secretary of Agriculture, who oversees the U.S. Forest Service.

• Land Conveyance:
• The Secretary must convey the surface estate (rights to the land's surface, excluding subsurface resources) of approximately 310.7 acres total, split into two parcels: about 137.7 acres and 173 acres in specific townships and sections of Franklin County.
• The land is depicted on surveys dated September 16, 2024, prepared by Marling Surveying, LLC, as portions of the Homochitto National Forest.
• Exact boundaries will be finalized by a survey approved by the Secretary.
• Conveyance occurs via quitclaim deed (a legal document transferring interest without warranties) within 180 days after completing an appraisal and a required agreement.

• Payment and Valuation:
• The Alliance pays cash equal to the land's fair market value, determined by an appraisal following federal standards (Uniform Appraisal Standards for Federal Land Acquisitions) and approved by the Secretary.
• The Alliance covers all appraisal, survey, and closing costs.

• Terms and Conditions:
• Subject to existing legal rights (e.g., leases or permits).
• Requires a written agreement where the Alliance assumes full responsibility for maintaining the Okhissa Lake Dam (including spillway and water controls) and complying with all federal and state dam safety laws, including liability for any issues.
• The U.S. retains:
• Easements for public roads and trails, such as a 30-foot-wide right-of-way on Forest Service Road 149A for access.
• All mineral, oil, gas, and subsurface rights.
• Includes a "right of re-entry" allowing the U.S. to reclaim the land if it's sold to a private entity or used for non-public purposes (e.g., not recreation or wildlife habitat); the Alliance remains liable for any environmental cleanup in such cases.
• Prohibits subdividing the land into residential lots via a restrictive covenant (a legal restriction on land use).
• Additional conditions as needed to protect U.S. interests.

• Proceeds and Fund Use:
• Sale proceeds go into a fund under the Sisk Act (a 1968 law, 16 U.S.C. 484a), which supports buying land for the National Forest System; funds are available without needing new congressional approval.

• Environmental and Legal Exemptions:
• No need to follow the National Environmental Policy Act (NEPA, a 1969 law requiring environmental impact reviews for federal actions).
• For hazardous substances (under the Comprehensive Environmental Response, Compensation, and Liability Act or CERCLA, a 1980 cleanup law), the Secretary must disclose known issues but is not required to clean them up.

Significant Changes to Existing Law

• This bill creates a targeted exception to standard federal land management rules by mandating the conveyance and exempting it from NEPA reviews and full CERCLA remediation, which are typically required for Forest Service land transfers.
• It builds on the Sisk Act by directing proceeds specifically for National Forest acquisitions, but adds new restrictions like dam maintenance obligations and use limitations to ensure public benefits.
• Unlike general land sales, this prioritizes conveyance to a state entity for specific public purposes, with retained U.S. rights to prevent private commercialization.

Potential Impacts

• Government Agencies: The U.S. Forest Service (under the Department of Agriculture) will transfer surface control but retain key access and subsurface rights, reducing management burdens for the dam while reinvesting proceeds in other forest lands. This streamlines operations but requires oversight of the agreement and re-entry conditions.
• Citizens and Local Communities: Residents of rural Franklin County, Mississippi, may benefit from improved lake maintenance, enhanced recreation (e.g., fishing, trails), and economic development through the Alliance's efforts. It promotes public access without privatization, though it limits future residential development.
• International Relations: No direct impacts, as this is a domestic land transfer.

Main Stakeholders Affected

• Scenic Rivers Development Alliance: Primary beneficiary; gains land for management but assumes dam costs, liabilities, and use restrictions.
• U.S. Department of Agriculture/Forest Service: Responsible for execution; loses surface rights but protects interests through reservations and conditions.
• State of Mississippi and Local Governments: Supports rural infrastructure (e.g., dam safety) and economic growth in Franklin County.
• Public Users: Recreationists, hunters, and fishers who rely on Okhissa Lake and surrounding forest areas; ensured continued access via easements.
• Environmental and Conservation Groups: Potentially affected by NEPA exemption, which skips broad impact assessments, though focus on public habitat mitigates some concerns.

Notable Legal, Constitutional, or Political Implications

• Legal: The NEPA and partial CERCLA exemptions accelerate the process but could face challenges if seen as bypassing environmental protections; the right of re-entry and restrictive covenant enforce ongoing public use, aligning with federal property laws.
• Constitutional: Involves Congress's authority under the Property Clause (Article IV, Section 3) to manage and dispose of federal lands, ensuring the transfer serves public interests without undue private gain.
• Political: Highlights bipartisan support for rural development in underserved areas (introduced by Sen. Hyde-Smith, R-MS); reported with amendments suggesting committee refinements for accountability, potentially setting a model for similar state-federal land partnerships without broad policy shifts.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Hyde-Smith, Cindy [R-MS]

Recent Actions

• 2025-10-27: Placed on Senate Legislative Calendar under General Orders. Calendar No. 216.
• 2025-10-27: Committee on Agriculture, Nutrition, and Forestry. Reported by Senator Boozman with an amendment in the nature of a substitute. Without written report.
• 2025-10-27: Committee on Agriculture, Nutrition, and Forestry. Reported by Senator Boozman with an amendment in the nature of a substitute. Without written report.
• 2025-10-21: Committee on Agriculture, Nutrition, and Forestry. Ordered to be reported with an amendment in the nature of a substitute favorably.
• 2025-07-24: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
• 2025-07-24: Introduced in Senate

Bill Versions

• To direct the Secretary of Agriculture to convey certain National Forest System land located in Franklin County, Mississippi, and for other purposes. — issued 2025-07-24 — PDF (5 pages)
• To direct the Secretary of Agriculture to convey certain National Forest System land located in Franklin County, Mississippi, and for other purposes. — issued 2025-10-27 — PDF (12 pages)