Hunting, Education, and Recreational Development Act or the HEARD Act
This bill authorizes the Department of the Interior and the Department of Agriculture (USDA) to dispose of federal lands under their respective jurisdictions by offering them for sale or exchange to units of local government in accordance with this bill.
Before the offering of lands for sale or exchange, states or the unit of local government in whose jurisdiction the lands are located may elect to obtain any such lands for local public purposes pursuant to the Recreation and Public Purposes Act. Interior or USDA, as appropriate, shall retain the elected lands for conveyance to such states or unit of local government in accordance with that Act.
The bill prescribes requirements for disposition of the gross proceeds of the sales of lands under this bill, including that:
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5836 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5836
To provide for the orderly disposal of certain Federal lands, to
benefit education and other purposes through the sales of such lands,
to consolidate Federal lands to improve management, to provide for the
acquisition of lands for recreational and other opportunities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. Gosar (for himself, Mr. Amodei, Mr. Buck, Mr. Cook, Mr. Franks of
Arizona, Mr. Hardy, Mr. Jody B. Hice of Georgia, Mr. Labrador, Mr.
McClintock, Mr. Newhouse, Mr. Schweikert, Mr. Sessions, Mr. Stewart,
Mr. Tipton, Mr. Young of Alaska, Mr. Duncan of Tennessee, Mr. King of
Iowa, Mr. Nunes, Mr. Babin, and Mr. Coffman) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committee on Agriculture, 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 the orderly disposal of certain Federal lands, to
benefit education and other purposes through the sales of such lands,
to consolidate Federal lands to improve management, to provide for the
acquisition of lands for recreational and other opportunities, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hunting,
Education, and Recreational Development Act'' or the ``HEARD Act''.
(b) Table of Contents.--The table of contents for this Act is:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Disposal.
Sec. 5. Lands to provide or increase recreational and other
opportunities.
Sec. 6. Public availability of information on land potentially
available for disposal.
Sec. 7. Recreation and Public Purposes Act.
Sec. 8. Limitations for administrative costs.
Sec. 9. Recording.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The total Federal estate exceeds more than 635,000,000
acres.
(2) The Federal Government owns parcels of varying size
interspersed with or adjacent to private, State, and tribal
lands throughout the United States, making many of these
parcels difficult to manage and more appropriate for disposal.
(3) The Bureau of Land Management identifies certain lands
potentially available for disposal in revisions to resource
management plans.
(4) Existing law does not require the Bureau of Land
Management to dispose of identified lands on a regular or
frequent basis. As a result, lands identified as potentially
available for disposal under valid resource management plans
are rarely disposed of by the Bureau of Land Management.
(5) The Forest Service has several authorities to dispose
of Federal lands, but such authorities are rarely used.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the orderly disposal of certain Federal
lands;
(2) to benefit education through the sales of such lands
and research focused on natural resource issues at educational
institutions;
(3) to consolidate Federal lands to achieve better
management; and
(4) to provide for the acquisition of certain lands to
provide or increase recreational and other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Hunting.--The term ``hunting'' means use of a firearm,
bow, or other authorized means in the lawful--
(A) pursuit, shooting, capture, collection,
trapping, or killing of wildlife; or
(B) attempt to pursue, shoot, capture, collect,
trap, or kill wildlife.
(2) Land grant university.--The term ``land grant
university'' means a land grant university--
(A) established under the Act of July 2, 1862
(known as the ``First Morrill Act''; 12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.);
(B) established under the Act of August 30, 1890
(known as the ``Second Morrill Act''; 26 Stat. 419,
chapter 841; 7 U.S.C. 321 et seq.); or
(C) described in section 533(a)(1) of the Equity in
Educational Land-Grant Status Act of 1994 (part C of
title V of Public Law 103-382).
(3) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to pursue, capture, collect, or kill
fish.
(4) Recreational off-highway vehicles.--The term
``recreational off-highway vehicle'' means a motorized off-
highway vehicle designed to travel on four or more tires,
intended by the manufacturer for recreational use by one or
more persons and having all of the following characteristics:
(A) A steering wheel for steering control.
(B) Foot controls for throttle and service brake.
(C) Non-straddle seating.
(D) Maximum speed capability greater than 30 miles
per hour.
(E) Gross vehicle weight rating no greater than
3,750 pounds.
(F) Less than 80 inches in overall width, exclusive
of accessories.
(G) Engine displacement equal to or less than 61
cubic inches for gasoline fueled engines.
(H) Identification by means of a 17-character
personal or vehicle information number.
(5) Recreation and public purposes act.--The term
``Recreation and Public Purposes Act'' means the Act entitled
``An Act to authorize acquisition or use of public lands by
States, counties, or municipalities for recreational
purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.).
(6) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, in reference to
lands under the jurisdiction of that Secretary; and
(B) the Secretary of Agriculture, in reference to
lands under the jurisdiction of that Secretary.
(8) Special account.--The term ``special account'' means
the account in the Treasury of the United States established
under this Act.
(9) Unit of local government.--The term ``unit of local
government'' means the governing body of each, community,
county, municipality, city, town, or township created pursuant
to State law with boundaries interspersed with or adjacent to
Federal lands.
SEC. 4. DISPOSAL.
(a) Disposal.--In accordance with this Act, and other applicable
law, and subject to valid existing rights, the Secretary concerned is
authorized to dispose of Federal land.
(b) Reservation for Local Public Purposes.--Not less than 30 days
before the offering of lands for sale or exchange pursuant to
subsection (a), States or the unit of local government in whose
jurisdiction the lands are located may elect to obtain any such lands
for local public purposes pursuant to the provisions of the Recreation
and Public Purposes Act. Pursuant to any such election, the Secretary
concerned shall retain the elected lands for conveyance to the States
or such unit of the local government in accordance with the provisions
of the Recreation and Public Purposes Act.
(c) Selection.--
(1) Joint selection required.--The Secretary concerned and
the unit of local government in whose jurisdiction lands
referred to in subsection (a) are located shall jointly select
lands to be offered for sale or exchange under this section.
The Secretary concerned shall coordinate land disposal
activities with the unit of local government concerned. Land
disposal activities of the Secretary concerned shall be
consistent with local land use planning and zoning requirements
and recommendations.
(2) Offering.--(A) The Secretary concerned shall make the
first offering of land as soon as practicable after land has
been selected in accordance with this subsection.
(B) The Secretary of the Interior shall dispose of not less
than 10 percent of lands currently identified by the Bureau of
Land Management for disposal as of the date of the enactment of
this Act in each of the first 8 years after the date of the
enactment of this Act, for a total of 80 percent of such lands
by the end of the eighth year after the date of the enactment
of this Act.
(C) The Secretary of the Interior shall dispose of not less
than 20 percent of lands identified by the Bureau of Land
Management for disposal in any resource management plan
amendment made after the date of the enactment of this Act in
each of the 4 years after such an amendment is made, for a
total of 80 percent of such lands by the end of the fourth year
after the date of such amendment.
(D) The Secretary of Agriculture shall dispose of not less
than 10 percent of lands currently identified by the Forest
Service for disposal as of the date of the enactment of this
Act in each of the first 8 years after the date of the
enactment of this Act, for a total of 80 percent of such lands
by the end of the eighth year after the date of the enactment
of this Act.
(E) The Secretary of Agriculture shall dispose of not less
than 20 percent of lands identified by the Forest Service for
disposal in any resource management plan amendment made after
the date of the enactment of this Act in each of the 4 years
after such an amendment is made, for a total of 80 percent of
such lands by the end of the fourth year after the date of such
amendment.
(F) Private landowners with inholdings interspersed with or
adjacent to Federal land being disposed of shall have the first
right of refusal for the purchase of land sold or exchanged
under this Act.
(d) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this subsection in a fiscal year shall be made available
as follows:
(A) Fifteen percent shall be paid directly to the
State where the sale takes place for use to supplement
the education of students in kindergarten through grade
12, to supplement public support of institutions of
public higher education, and to supplement State
agricultural and natural resource agencies.
(B) Fifteen percent shall be paid directly to the
one or more land grant universities within the
boundaries of the State of which the revenue is derived
for the purposes of providing agricultural and natural
resources research, extension, teaching and
infrastructure.
(C) Ten percent shall be paid directly to the one
or more counties within the boundaries of which the
revenue is derived with 50 percent of those revenues
going to a county extension office.
(D) Ten percent shall be deposited in a special
account created in the Treasury of the United States
for use pursuant to the provisions of paragraph (3).
(E) The remainder shall be deposited into the
General Fund of the Treasury.
(2) Payments.--
(A) In general.--Amounts paid to land grant
universities under subsection (B) shall be in addition
to any other payments of public support.
(B) Payments in lieu of taxes.--A payment to a
county under subsection (C) shall be in addition to a
payment in lieu of taxes received by the county under
chapter 69 of title 31, United States Code.
(3) Availability of special account.--
(A) In general.--Amounts deposited in the special
account may be expended by the Secretary concerned
for--
(i) any of the purposes described in
section 5; and
(ii) deferred maintenance, repairs, and
capital improvements.
(B) Procedures.--The Secretary concerned shall
coordinate the use of the special account with States,
the unit of local government in whose jurisdiction the
lands are located, and other interested persons, to
ensure accountability and demonstrated results.
(C) Investment of special account.--All funds
deposited as principal in the special account shall
earn interest in the amount determined by the Secretary
of the Treasury on the basis of the current average
market yield on outstanding marketable obligations of
the United States of comparable maturities. Such
interest shall be added to the principal of the account
and expended according to the provisions of paragraph
(3).
SEC. 5. LANDS TO PROVIDE OR INCREASE RECREATIONAL AND OTHER
OPPORTUNITIES.
(a) Acquisitions.--
(1) Definition.--For purposes of this subsection, the term
``recreational beneficial land'' means land or an interest in
land, the acquisition of which the United States would, in the
judgment of the Secretary concerned provide an opportunity--
(A) for hunting, recreational fishing, recreational
shooting, recreational off-highway vehicles, or other
recreational purposes; or
(B) to achieve better management of public land
through consolidation of Federal ownership.
(2) Concurrence.--Before initiating efforts to acquire land
under this subsection, the Secretary concerned shall obtain the
concurrence of each affected State and unit of local government
within whose jurisdiction the lands are located, including
appropriate planning and regulatory agencies, and with other
interested persons, concerning the necessity of making the
acquisition, the potential impacts on State and local
government, and other appropriate aspects of the acquisition.
Concurrence under this paragraph is in addition to any other
consultation required by law.
(3) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretary
concerned may acquire, with the proceeds of the special
account, recreational beneficial land and interests in
recreational beneficial land. Lands may not be acquired by
eminent domain or condemnation or without the consent of the
owner thereof. Funds made available from the special account
may be used with any other funds made available under any other
provision of law or any other non-Federal matching funds
provided by a nongovernmental organization.
(b) Determination of Fair Market Value.--The fair market value of
land or an interest in land to be acquired by the Secretary concerned
under this section shall be determined pursuant to section 206 of the
Federal Land Policy and Management Act of 1976 and shall be consistent
with other applicable requirements and standards. Fair market value
shall be determined without regard to the presence of a species listed
as threatened or endangered under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(c) Payments in Lieu of Taxes.--Subparagraph (H) of section 6901(1)
of title 31, United States Code, is amended by inserting ``or the
Hunting, Education, and Recreational Development Act'' after ``the
Southern Nevada Public Land Management Act of 1998''.
(d) Limitation.--The total land acreage acquired annually under
this Act shall not exceed the total Federal land acreage disposed of
annually under this Act.
SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ON LAND POTENTIALLY
AVAILABLE FOR DISPOSAL.
(a) Bureau of Land Management.--The Bureau of Land Management,
shall make publicly available, including on the Internet at http://
www.blm.gov/wo/st/
en/prog/planning/planning_overview/lands_potentially0
.html, or any successor website, all public lands managed by the agency
potentially available for disposal as identified in agency resource
management plans.
(b) Forest Service.--The Forest Service, shall make publicly
available, including on the Internet, all public lands managed by the
agency identified for disposal as identified in agency land and
resource management plans.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) In General.--Upon request by a grantee of lands within a local
county that are subject to a lease or patent issued under the
Recreation and Public Purposes Act, the Secretary concerned may
transfer the reversionary interest in such lands to other non-Federal
lands. The transfer of the reversionary interest under this section
shall only be made to lands of equal value, except that with respect to
States or a unit of local government an amount equal to the excess (if
any) of the fair market value of lands received by the unit of local
government over the fair market value of lands transferred by the unit
of local government shall be paid to the Secretary concerned and shall
be treated under subsection (d)(1) of section 4 as proceeds from the
sale of land. For purposes of this subsection, the fair market value of
lands to be transferred by States or a unit of local government may be
based upon a statement of value prepared by a qualified appraiser.
(b) Terms and Conditions Applicable to Reversionary Interest.--
Other non-Federal lands selected under this subsection by a grantee
described in subsection (a) shall be subject to the activities defined
as permissible under parts 2920 and 2930 of title 43, Code of Federal
Regulations, shall be permissible.
SEC. 8. LIMITATIONS FOR ADMINISTRATIVE COSTS.
Amounts deposited in the special account created by this Act shall
be expended by the Secretary concerned for reimbursement of--
(1) costs incurred by the local offices of the Bureau of
Land Management and the Forest Service in arranging sales,
conveyances, or exchanges under this Act; and
(2) reimbursement of any other costs associated with this
Act including investigations, reports, appraisals, surveys, and
clearances.
SEC. 9. RECORDING.
The Secretary concerned shall record all final sales, conveyances
and exchanges under this Act with the county within whose jurisdiction
the lands are located.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 Natural Resources, and in addition to the Committee on Agriculture, 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 Natural Resources, and in addition to the Committee on Agriculture, 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 Federal Lands.
Referred to the Subcommittee on Conservation and Forestry.
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