Advancing Conservation and Education Act
This bill allows the states of Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, or Wyoming to relinquish state land grant parcels wholly or primarily within eligible areas and select, in exchange, public land within the state.
Eligible areas are areas within the outer boundaries of units or components of the National Park, National Wilderness Preservation, National Wildlife Refuge, or National Landscape Conservation Systems, areas identified by the Bureau of Land Management (BLM) as having wilderness characteristics, certain designated lands within the National Forest System or administered by the BLM, and sentinel landscapes designated by the Department of Agriculture, Department of Defense, or Department of the Interior.
Interior shall create a process for the relinquishment of such parcels.
States may select in exchange, and Interior may convey, lands that are mineral in character.
The overall value of the state land grant parcels and the public land to be conveyed shall be equal or made equal.
The bill sets forth requirements regarding hazardous materials on land to be conveyed, water rights, grazing permits, road rights-of-ways, and protection of Indian rights.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2348 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2348
To maximize land management efficiencies, promote land conservation,
generate education funding, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2021
Mr. Stewart (for himself and Mr. O'Halleran) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To maximize land management efficiencies, promote land conservation,
generate education funding, 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.
This Act may be cited as the ``Advancing Conservation and Education
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) at statehood, Congress granted each of the western
States land to be held in trust by the States and used for the
support of public schools and other public institutions;
(2) since the statehood land grants, Congress and the
executive branch have created multiple Federal conservation
areas on Federal land within the western States, including
National Parks, National Monuments, national conservation
areas, national grassland, components of the National
Wilderness Preservation System, wilderness study areas, and
national wildlife refuges;
(3) since statehood land grant land owned by the western
States are typically scattered across the public land, creation
of Federal conservation areas often include State land grant
parcels with substantially different management mandates,
making land and resource management more difficult, expensive,
and controversial for both Federal land managers and the
western States; and
(4) allowing the western States to relinquish State trust
land within Federal conservation areas and to select
replacement land from the public land within the respective
western States, would--
(A) enhance management of Federal conservation
areas by allowing unified management of those areas;
and
(B) increase revenue from the statehood land grants
for the support of public schools and other worthy
public purposes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Application.--The term ``application'' means an
application for State relinquishment and selection of land made
under this Act in accordance with section 5.
(2) Eligible area.--The term ``eligible area'' means land
within the outer boundary of--
(A) a unit of the National Park System;
(B) a component of the National Wilderness
Preservation System;
(C) a unit of the National Wildlife Refuge System;
(D) a unit of the National Landscape Conservation
System;
(E) an area determined by the Bureau of Land
Management, through an inventory carried out in
accordance with FLPMA, to have wilderness
characteristics--
(i) as of the date of enactment of this
Act; or
(ii) in a land use plan finalized under
FLPMA;
(F) National Forest System land and public land
administered by the Bureau of Land Management that has
been designated as a national monument, national
volcanic monument, national recreation area, national
scenic area, inventoried roadless area, unit of the
Wild and Scenic Rivers System, wilderness study area,
or Land Use Designation II (as described by section 508
of the Alaska National Interest Lands Conservation Act
(Public Law 101-626; 104 Stat. 4428)); or
(G) a sentinel landscape designated by the
Secretary of Agriculture, the Secretary of Defense, and
the Secretary of the Interior.
(3) FLPMA.--The term ``FLPMA'' means the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(4) Priority area.--The term ``priority area'' means land
within the outer boundary of any--
(A) National Monument;
(B) national conservation area managed by the
Bureau of Land Management;
(C) component of the National Wilderness
Preservation System; or
(D) unit of the National Park System.
(5) Public land.--
(A) In general.--The term ``public land'' has the
meaning given the term ``public lands'' in section 103
of FLPMA (43 U.S.C. 1702).
(B) Exclusions.--The term ``public land'' does not
include Federal land that--
(i) is within an eligible area;
(ii) is within an area of critical
environmental concern established pursuant to
section 202(c)(3) of FLPMA (43 U.S.C.
1712(c)(3));
(iii) is within an area withdrawn or
reserved by an Act of Congress, the President,
or public land order for a particular public
purpose or program, including for the
conservation of natural resources;
(iv) has been acquired using funds from the
Land and Water Conservation Fund established
under section 200302 of title 54, United States
Code;
(v) is within the boundary of an Indian
reservation, pueblo, or rancheria; or
(vi) is within a special recreation
management area.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State land grant parcel.--The term ``State land grant
parcel'' means--
(A) any land granted to a western State by Congress
through a statehood or territorial land grant for the
support of public education or other public
institutions, or subsequently acquired by the western
State for that purpose; or
(B) land granted to the State of Alaska under
subsections (a), (b), and (k) of section 6 of the Act
of July 7, 1958 (commonly known as the ``Alaska
Statehood Act'') (48 U.S.C. note prec. 21; Public Law
85-508).
(8) Traditional cultural property.--The term ``traditional
cultural property'' has the meaning given the term--
(A) ``historic property'' in section 800.16 of
title 36, Code of Federal Regulations (as in effect on
the date of enactment of this Act); or
(B) ``sacred site'' in section 1(b) of Executive
Order No. 13007 (42 U.S.C. 1996 note; relating to
Indian sacred sites).
(9) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, or effluent under Federal,
State, or other law.
(10) Western state.--The term ``western State'' means any
of the States of Alaska, Arizona, California, Colorado, Idaho,
Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming.
SEC. 4. RELINQUISHMENT OF STATE LAND GRANT PARCELS AND SELECTION OF
REPLACEMENT LAND.
(a) Authority To Select.--In accordance with this Act and in order
to facilitate the fulfillment of the mandates of State land grant
parcels and Federal land described in subparagraphs (A) through (G) of
section 3(2), on approval by the Secretary of an application under
section 5, a western State may relinquish to the United States State
land grant parcels wholly or primarily within eligible areas and select
in exchange public land within the western State.
(b) Valid Existing Rights.--Land conveyed under this Act shall be
subject to valid existing rights.
(c) Management After Relinquishment.--Any portion of a State land
grant parcel acquired by the United States under this Act that is
located within an eligible area shall--
(1) be incorporated in, and be managed as part of, the
applicable unit described in subparagraphs (A) through (G) of
section 3(2) in which the land is located without further
action by the Secretary with jurisdiction over the unit; and
(2) if located within the National Forest System, be
administered by the Secretary of Agriculture in accordance
with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 552 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System and the unit of the National
Forest System in which the land is located.
(d) Limitation.--
(1) In general.--Except as provided in paragraphs (2) and
(3), until a western State has relinquished and conveyed to the
United States substantially all of the State land grant parcels
located in priority areas in the western State, the western
State may not apply to relinquish State land grant parcels in
other eligible areas in the western State.
(2) Exception.--The Secretary may waive the limitation in
paragraph (1) on a determination that the relinquishment and
conveyance to the United States of substantially all State land
grant parcels located in priority areas in the western State is
impractical or infeasible.
(3) Other state land grant parcels.--The Secretary may
accept an application from a western State to relinquish State
land grant parcels within an eligible area in the western State
if--
(A) the application is limited to relinquishing one
or more State land grant parcels within a single
eligible area;
(B) the western State submitting the application
is, as determined by the Secretary, making substantial
progress in relinquishing State land grant parcels
within priority areas in the western State; and
(C) the Secretary has not accepted any other
applications from the western State under this
paragraph during the 5-year period ending on the date
of the application.
SEC. 5. PROCESS.
(a) Process for Application.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act and in accordance with this section,
the Secretary shall promulgate regulations establishing a
process by which the western States may request the
relinquishment of State land grant parcels wholly or partially
within eligible areas and select public land in exchange for
the State land grant parcels.
(2) Timing.--Except as provided in section 8(c), the
process established by the Secretary under this section shall
ensure that the relinquishment of State land grant parcels and
the conveyance of public land is concurrent.
(b) Public Notice.--Prior to accepting or conveying any land under
this Act, the Secretary shall provide public notice and an opportunity
to comment on the proposed conveyances between the western State and
the United States.
(c) Environmental Analysis.--
(1) In general.--Except as otherwise provided in this
subsection, the Secretary shall acquire State land grant
parcels and convey public land under this Act in accordance
with--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) other applicable laws.
(2) Environmental assessment or environmental impact
statement.--In preparing an environmental assessment or
environmental impact statement pursuant to section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)) for the acquisition of State land grant parcels and
the conveyance of public land under this Act, if the western
State has indicated an unwillingness to consider State land
grant parcels for relinquishment or public land for acquisition
(other than the State land grant parcels and public land
described in the proposed agency action), the Secretary is not
required to study, develop, and describe more than--
(A) the proposed agency action; and
(B) the alternative of no action.
(d) Agreements With States.--
(1) In general.--The Secretary is authorized to enter into
agreements with any of the western States to facilitate
processing of applications and conveyance of selected land.
(2) Agreement.--On completion of a preapplication process
that includes identification of land to be conveyed, the
Secretary and the western State may enter into a nonbinding
agreement that includes--
(A) a time schedule for completing the conveyances;
(B) an assignment of responsibility for performance
of required functions and for costs associated with
processing the conveyances; and
(C) a statement specifying whether assumption of
costs will be allowed pursuant to section 8(d).
(e) Approval or Rejection.--The Secretary--
(1) shall issue a final determination on an application not
later than 3 years after the date a western State submits that
application to the Secretary;
(2) may approve an application in whole or in part, or as
modified by the Secretary as necessary to balance the equities
of the States and interest of the public;
(3) shall not accept an application under this Act for
selection of any parcel of public land that in the judgment of
the Secretary--
(A) is not reasonably compact and consolidated;
(B) will create significant management conflicts
with respect to the management of adjacent Federal
land;
(C) will significantly adversely affect public use
of a recreation site or recreation area eligible for
the collection of recreation fees under the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et
seq.) or other authority;
(D) will significantly adversely affect public
access, hunting, fishing, recreational shooting,
outdoor recreation, or result in adverse impacts to
critical fish and wildlife habitat; or
(E) is not in the public interest, as determined
under 43 Code of Federal Regulations 2200.0-6(b), as in
effect on the date of enactment of this Act;
(4) shall not accept any State land grant parcels that, in
the judgment of the Secretary, are not suitable for inclusion
in the applicable unit described in subparagraphs (A) through
(G) of section 3(2) in which the land is located;
(5) shall, prior to approving an application, consult with
the head of any Federal agency with jurisdiction over Federal
land--
(A) within which a western State proposes to
relinquish a State land grant parcel; or
(B) that is adjacent to public land proposed for
conveyance to a western State;
(6) shall, prior to approving an application--
(A) consult, in accordance with Federal law, with
any Indian tribe affected by the subject of the
application, including any Indian tribe that notifies
the Secretary that there is traditional cultural
property located within the public land proposed for
conveyance to the western State; and
(B) if the Secretary determines that traditional
cultural property is located within the public land
proposed for conveyance to the western State, consider
the extent to which protection would be available for
the traditional cultural property after conveyance of
the public land to the western State, including terms
or conditions that the Secretary, with the agreement of
the western State, may impose on the conveyance of the
public land to the western State;
(7) may reject an application in whole or in part if the
Secretary, after consideration of available protection for
traditional cultural property located within the public land
proposed for conveyance to the western State pursuant to
paragraph (6)(B), determines that insufficient protection would
be available for the traditional cultural property after
conveyance of the public land to the western State;
(8) shall, for applications by a western State for the
conveyance of a parcel of public land that will result in
significantly diminished public access to adjacent Federal
land--
(A) reject that portion of the application; or
(B) reserve a right-of-way through the public land
to be conveyed ensuring continued public access to
adjacent Federal land; and
(9) shall convey any public land approved for selection not
later than 1 year after entering into a final agreement between
the Secretary and the western State on the land to be conveyed,
subject to such other terms and conditions as may be
appropriate.
(f) Costs.--
(1) In general.--All costs of conveyances under this Act,
including appraisals, surveys, and related costs, shall be paid
equally by the Secretary and the western State.
(2) Allocation.--The Federal agency that receives State
land in a conveyance under this Act shall assume the Federal
share of administrative costs, including appraisals, surveys,
and related costs, unless otherwise agreed to by the heads of
the respective agencies.
(g) Conveyance by Western State.--
(1) In general.--The conveyance of any State land grant
parcel under this Act shall--
(A) be by patent or deed acceptable to the
Secretary; and
(B) not be considered an exchange or acquisition
for purposes of sections 205 and 206 of FLPMA (43
U.S.C. 1715, 1716).
(2) Concurrence.--The Secretary of Agriculture shall concur
in any determination to accept the conveyance of a State land
grant parcel within the boundaries of any unit of the National
Forest System.
(h) Conveyance by United States.--The conveyance of public land by
the United States shall--
(1) not be considered a sale, exchange, or conveyance under
section 203, 206, or 209 of FLPMA (43 U.S.C. 1713, 1716, and
1719); and
(2) include such terms or conditions as the Secretary may
require.
SEC. 6. MINERAL LAND.
(a) Selection and Conveyance.--
(1) In general.--Subject to this Act, a western State may
select, and the Secretary may convey, land that is mineral in
character under this Act.
(2) Exclusion.--A western State may not select, and the
Secretary may not convey land that includes only--
(A) a portion of a mineral lease or permit;
(B) the Federal mineral estate, unless the United
States does not own the associated surface estate; or
(C) the Federal surface estate, unless the United
States does not own the associated mineral estate.
(b) Mining Claims.--
(1) Mining claims unaffected.--Nothing in this Act alters,
diminishes, or expands the existing rights of a mining claimant
under applicable law.
(2) Validity exams.--Nothing in this Act requires the
United States to carry out a mineral examination for any mining
claim located on public land to be conveyed under this Act.
(3) Withdrawal.--Public land selected by a western State
for acquisition under this Act is withdrawn, subject to valid
existing rights, from location, entry, and patent under the
mining laws until that date on which--
(A) the land is conveyed by the Federal Government
to the western State;
(B) the Secretary makes a final determination not
accepting the selection of the land; or
(C) the western State withdraws the selection of
the land.
SEC. 7. CONSTRUCTION WITH OTHER LAWS.
(a) Consideration.--In the application of laws, regulations, and
policies relating to selections made under this Act, the Secretary
shall consider the equities of the western States and the interest of
the public.
(b) Land Use Plan.--The Secretary may approve an application
submitted in accordance with this Act even if--
(1) the selected public land is not otherwise identified
for disposal; or
(2) the land to be acquired is not identified to be
acquired in the applicable land use plan.
SEC. 8. VALUATION.
(a) Equal Value.--
(1) In general.--The overall value of the State land grant
parcels and the public land to be conveyed shall be--
(A) equal; or
(B) if the value is not equal--
(i) equalized by the payment of funds to
the western State or to the Secretary as the
circumstances require; or
(ii) reflected on the balance of a ledger
account established under subsection (c).
(2) Appraisal required.--Except as provided in subsection
(b), the Secretary shall determine the value of a State land
grant parcel and public land through an appraisal completed in
accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards for Professional
Appraisal Practice.
(3) Equalization.--For each transaction, an equalization
payment described in paragraph (1)(B)(i) or a ledger entry
described in paragraph (1)(B)(ii) may not exceed 25 percent of
the total value of the land or interest transferred out of
Federal ownership.
(b) Low Value Parcels.--
(1) Valuation.--The Secretary may, with the consent of a
western State, use a summary appraisal or statement of value
made by a qualified appraiser carried out in accordance with
the Uniform Standards for Professional Appraisal Practice
instead of an appraisal that complies with the Uniform
Appraisal Standards for Federal Land Acquisitions if the
western State and the Secretary agree that the market value of
a State land grant parcel or a parcel of public land is--
(A) less than $500,000; and
(B) less than $500 per acre.
(2) Division.--A State land grant parcel or a parcel of
public land may not be artificially divided in order to qualify
for a summary appraisal or statement of value under paragraph
(1).
(c) Ledger Accounts.--
(1) In general.--The Secretary and any western State may
agree to use a ledger account to make equal the value of land
relinquished by the western State and conveyed by the United
States to the western State under this Act.
(2) Imbalances.--A ledger account described in paragraph
(1) shall reflect imbalances in value to be reconciled in a
subsequent transaction.
(3) Account balancing.--Each ledger account shall be--
(A) balanced not later than 3 years after the date
on which the ledger account is established; and
(B) closed not later than 5 years after the date of
the last conveyance of land under this Act.
(d) Costs.--
(1) In general.--The Secretary or the western State may
assume costs or other responsibilities or requirements for
conveying land under this Act that ordinarily are borne by the
other party.
(2) Adjustment.--If the Secretary assumes costs or other
responsibilities under paragraph (1), the Secretary shall make
adjustments to the value of the public land conveyed to the
western State to compensate the Secretary for assuming the
costs or other responsibilities.
(e) Adjustment.--If value is attributed to any parcel of public
land that has been selected by a western State because of the presence
of minerals under a lease entered into under the Mineral Leasing Act
(30 U.S.C. 181 et seq.) that is in a producing or producible status,
and the lease is to be conveyed under this Act, the value of the parcel
shall be reduced by the amount that represents the likely Federal
revenue sharing obligation under that Act, but the adjustment shall not
be considered as reflecting a property right of the western State.
SEC. 9. MISCELLANEOUS.
(a) Hazardous Materials.--
(1) In general.--The Secretary and the western States shall
make available for review and inspection any record relating to
hazardous materials on land to be conveyed under this Act.
(2) Certification.--The Secretary and the western State
shall each complete an inspection and a hazardous materials
certification of land to be conveyed under this Act before the
completion of the conveyance.
(b) Water Rights.--
(1) State-held appurtenant water rights.--Any conveyance of
a State land grant parcel under this Act may include the
conveyance of State-held water rights appurtenant to the land
conveyed in accordance with applicable law.
(2) Federally held appurtenant water rights.--Any
conveyance of public land under this Act may include the
conveyance of federally held water rights appurtenant to the
land conveyed in accordance with applicable Federal and State
law.
(3) Effect.--Nothing in this Act--
(A) creates an implied or expressed Federal
reserved water right;
(B) affects a valid existing water right; or
(C) affects the use of water conveyance
infrastructure associated with a water right described
in subparagraph (B).
(c) Grazing Permits.--
(1) In general.--If land conveyed under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of the conveyance, the
Secretary (or the Secretary of Agriculture for land located
within the National Forest System) and the western State shall
allow the grazing to continue for the remainder of the term of
the lease, permit, or contract, subject to the related terms
and conditions of user agreements, including permitted stocking
rates, grazing fee levels, access, and ownership and use of
range improvements.
(2) Renewal.--On expiration of any grazing lease, permit,
or contract described in paragraph (1), the party that has
jurisdiction over the land on the date of expiration may elect
to renew the lease, permit, or contract if permitted under
applicable law.
(3) Cancellation.--
(A) In general.--Nothing in this Act prevents the
Secretary (or the Secretary of Agriculture for land
located within the National Forest System) or the
western State from canceling or modifying a grazing
permit, lease, or contract if the land subject to the
permit, lease, or contract is sold, conveyed,
transferred, or leased for nongrazing purposes.
(B) Limitation.--Except to the extent reasonably
necessary to accommodate surface operations in support
of mineral development, the Secretary (or the Secretary
of Agriculture for land located within the National
Forest System) or the western State shall not cancel or
modify a grazing permit, lease, or contract for land
conveyed pursuant to this Act because the land subject
to the permit, lease, or contract has been leased for
mineral development.
(4) Base properties.--If land conveyed by the western State
under this Act is used by a grazing permittee or lessee to meet
the base property requirements for a Federal grazing permit or
lease, the land shall continue to qualify as a base property
for the remaining term of the lease or permit and the term of
any renewal or extension of the lease or permit.
(5) Range improvements.--Nothing in this Act prohibits a
holder of a grazing lease, permit, or contract from being
compensated for range improvements pursuant to the terms of the
lease, permit, or contract under existing Federal or State
laws.
(d) Road Rights-of-Ways.--
(1) In general.--If land conveyed under this Act is subject
to a road lease, road right-of-way, road easement, or other
valid existing right in effect on the date of the conveyance,
the Secretary (or the Secretary of Agriculture for land located
within the National Forest System) and the western State shall
allow the lease, right-of-way, easement, or other valid
existing right to continue for the remainder of the term of the
lease, right-of-way, easement, or other valid existing right,
subject to the applicable terms and conditions of the lease,
right-of-way, easement, or other valid existing right.
(2) Renewal.--On expiration of any road lease, road right-
of-way, road easement, or other valid existing right described
in paragraph (1), the party that has jurisdiction over the land
on the date of expiration may elect to renew the lease, right-
of-way, easement, or other valid existing right if permitted
under applicable law.
(e) Protection of Indian Rights.--
(1) Treaty rights.--Nothing in this Act alters or
diminishes the treaty rights of any Indian tribe.
(2) Land held in trust.--Nothing in this Act affects--
(A) land held in trust by the Secretary for any
Indian tribe; or
(B) any individual Indian allotment.
(3) Effect.--Nothing in this Act alters, diminishes, or
enlarges the application of--
(A) division A of subtitle III of title 54, United
States Code (formerly known as the ``National Historic
Preservation Act'' (16 U.S.C. 470 et seq.));
(B) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(C) Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42 U.S.C.
1996);
(D) chapter 3125 of title 54, United States Code;
or
(E) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.).
SEC. 10. EFFECT.
Nothing in this Act repeals or limits, expressly or by implication,
any authority in existence on the date of enactment of this Act for the
selection or exchange of land.
SEC. 11. TERMINATION OF AUTHORITY.
(a) In General.--Subject to subsection (b), the provisions of this
Act shall cease to be effective with regard to any State land grant
parcel located within an eligible area for which an application has not
been filed by the date that is 20 years after the date of the enactment
of this Act.
(b) New Eligible Areas.--If the application described in subsection
(a) is for a State land grant parcel that is located within an eligible
area established after the date of enactment of this Act, the
provisions of this Act shall remain effective for 20 years after the
date on which the new eligible area is established.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Subcommittee on National Parks, Forests, and Public Lands Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Reported by the Committee on Natural Resources. H. Rept. 117-673.
Reported by the Committee on Natural Resources. H. Rept. 117-673.
Placed on the Union Calendar, Calendar No. 492.
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