A complete substitute amendment. v2 fundamentally restructures the land conveyance process for the Okhissa Lake land, shifting from a conditional public interest sale to a mandatory conveyance of only the surface estate. It introduces significant new terms and conditions, including dam maintenance liability for the Alliance, reservation of subsurface rights by the U.S., and exemptions from environmental review for the Secretary.
A bill to direct the Secretary of Agriculture to convey certain National Forest System land located in Franklin County, Mississippi, and for other purposes.
- Sponsor
- Sen. Hyde-Smith, Cindy [R-MS]
- Committees
- Agriculture, Nutrition, and Forestry Committee (primary)
- Last action
- Oct 27, 2025
Bottom line
S. 2440 facilitates the transfer of federal forest land to a state instrumentality for public recreation and wildlife habitat, with significant financial and environmental responsibilities placed on the recipient while streamlining the federal process.
What it actually does
This bill directs the Secretary of Agriculture to convey approximately 310.7 acres of National Forest System land in Franklin County, Mississippi, to the Scenic Rivers Development Alliance. The conveyance is for fair market value and includes specific conditions, such as the Alliance assuming all costs and liabilities for the Okhissa Lake Dam, the reservation of public access and mineral rights for the United States, and a right of re-entry if the land's use changes from public recreation and wildlife habitat. The bill also exempts the conveyance from National Environmental Policy Act (NEPA) review and federal remediation of hazardous substances.
Proponents argue
Proponents argue this bill promotes local economic development and recreational opportunities by transferring management of specific federal land to a local entity better equipped to manage it for community benefit. They contend that the conditions, including fair market value payment and reserved federal rights, ensure public interests are protected while relieving the federal government of ongoing maintenance burdens and liabilities, particularly for the Okhissa Lake Dam.
Opponents contend
Opponents might express concerns about the precedent of conveying National Forest System land, even to a public entity, potentially leading to future privatization or commercialization of public lands. Critics would also likely object to the explicit exemption from NEPA and other environmental laws, arguing it reduces transparency and environmental safeguards, and potentially burdens the local Alliance with unremediated hazardous substances.
The bill is concise and its core provisions are easily digestible, allowing a reader to quickly grasp its intent and main effects within a reasonable timeframe.
Section 1(b)
Direct Conveyance of National Forest System Land
This provision mandates the Secretary of Agriculture to convey, via quitclaim deed, the surface estate of approximately 310.7 acres of National Forest System land in Franklin County, Mississippi, to the Scenic Rivers Development Alliance. This conveyance must occur within 180 days after the appraisal and a written agreement on dam maintenance are completed.
Supporters argue
Supporters argue this transfers land to a local entity better positioned to manage it for local recreational and economic development, streamlining administration and focusing federal resources elsewhere.
Critics contend
Critics might argue against the general principle of divesting federal lands, even to public entities, as it could set a precedent for reducing the overall National Forest System.
Tradeoffs
Balances local control and development against federal land stewardship and the potential for future changes in land use.
Section 1(c)
Identification of Land to be Conveyed
This section precisely identifies the two parcels of National Forest System land, totaling approximately 310.7 acres, located in Franklin County, Mississippi, that are subject to the conveyance. It references specific surveys and maps for exact delineation.
Section 1(d)
Requirement for Fair Market Value Payment
The bill stipulates that the Alliance must pay cash consideration equal to the fair market value of the conveyed land. This value is to be determined by an appraisal conducted according to federal standards (Uniform Appraisal Standards for Federal Land Acquisitions) and approved by the Secretary.
Section 1(e)(2)
Alliance Responsibility for Okhissa Lake Dam
This critical condition requires the Alliance to enter into a written agreement to cover all costs associated with the upkeep and maintenance of the Okhissa Lake Dam, including the spillway and water control facilities. Furthermore, the Alliance assumes full responsibility and liability for compliance with all Federal and State dam safety laws and regulations.
Section 1(e)(3) and (e)(4)
Retention of Public Access and Mineral Rights
The United States reserves perpetual, nonexclusive easements for public roads and trails, specifically a 30-foot right-of-way for Forest Service Road 149A, and other necessary access to Okhissa Lake. Additionally, all mineral rights, oil and gas rights, and other subsurface rights are reserved by the United States.
Section 1(e)(5) and (e)(6)
Conditions on Future Land Use and Subdivision
The bill includes a right of re-entry for the Secretary, allowing the U.S. to retake possession if the land is conveyed to a nonpublic entity or used for purposes other than public recreation and fish/wildlife habitat. It also imposes a restrictive covenant against subdividing the land into residential lots. The Alliance remains liable for hazardous substance cleanup even if re-entry occurs.
Section 1(f)
Deposit and Use of Sale Proceeds
The proceeds from the land conveyance are to be deposited into the fund established under the Sisk Act (16 U.S.C. 484a). These funds will remain available until expended for the acquisition of land and interests in land for the National Forest System.
Section 1(h) and (i)
Exemptions from NEPA and Remediation Requirements
The Secretary is explicitly exempted from complying with the National Environmental Policy Act of 1969 (NEPA) and any other applicable environmental law for this conveyance. While disclosure requirements for hazardous substances under CERCLA are maintained, the Secretary is not required to remediate or abate those substances.
Exempts the Secretary from NEPA and other environmental laws for the conveyance, and from remediating hazardous substances, while still requiring disclosure.
Section 1(h) and (i)
Why it matters:This provision could be considered standard practice for specific land transfers deemed administrative, aiming to expedite the process and reduce federal costs. Alternatively, it might be placed later to minimize scrutiny over the bypass of environmental review and the transfer of potential remediation liabilities.
Case for: Expedites the transfer process, reduces federal administrative burden and costs associated with environmental review and potential remediation, especially if the transfer is to a public entity for public use and deemed to have minimal new environmental impact.
Case against: Undermines environmental safeguards and public transparency by bypassing standard federal environmental review processes. It also shifts potential environmental cleanup costs and liabilities to the local Alliance, which may not have the resources to address them, potentially leading to neglected remediation.
Estimated impact: Potentially significant cost savings for the federal government by avoiding environmental review and remediation, but shifts potential environmental and financial risk to the Scenic Rivers Development Alliance and potentially local taxpayers.