[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1254

To provide a procedure for the submission to Congress of proposals for, 
 and permit upon subsequent enactment of law, assumption of management 
     authority over certain Federal lands by States and nonprofit 
organizations; to encourage the development and application to Federal 
 lands of alternative management programs that may be more innovative, 
  less costly, and more reflective of the neighboring communities and 
           public concerns and needs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 1997

   Mr. Craig introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide a procedure for the submission to Congress of proposals for, 
 and permit upon subsequent enactment of law, assumption of management 
     authority over certain Federal lands by States and nonprofit 
organizations; to encourage the development and application to Federal 
 lands of alternative management programs that may be more innovative, 
  less costly, and more reflective of the neighboring communities and 
           public concerns and needs, 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 ``Federal Lands Management Adjustment 
Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to:
            (1) encourage the development and application to Federal 
        lands administered by the Bureau of Land Management and Forest 
        Service of alternative management programs that may be more 
        innovative, less costly, and more reflective of the neighboring 
        communities and public concerns and needs; and
            (2) provide a procedure for the submission to Congress of 
        proposals for, and permit upon subsequent enactment of law, 
        assumption of authority to develop and implement such 
        alternative management programs on certain of those Federal 
        lands by States and nonprofit organizations.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the term--
            (1) ``Agencies'' or ``Agency'' means the Bureau of Land 
        Management, Department of the Interior, and/or the Forest 
        Service, Department of Agriculture;
            (2) ``Committees of Congress'' means the Committee on 
        Energy and Natural Resources and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Resources and Committee on Agriculture of the House of 
        Representatives;
            (3) ``Federal lands'' means--
                    (A) those lands managed by the Bureau of Land 
                Management and defined in section 103(e) of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                Sec. 1702(e)); and
                    (B) those lands in the National Forest System, 
                including units of the national grasslands, managed by 
                the Forest Service and defined in section 11(a) of the 
                Forest and Rangeland Renewable Resources Planning Act 
                of 1974 (16 U.S.C. Sec. 1609(a));
            (4) ``eligible Federal lands'' shall mean any or all 
        Federal lands located within a State--
                    (A) including any Federal lands within units of the 
                National Wilderness Preservation System, National Wild 
                and Scenic Rivers System, and National Trails System: 
                Provided, That such lands shall be managed in 
                accordance with section 7(b); and
                    (B) excepting--
                            (i) less than all Federal lands within any 
                        district of the Bureau of Land Management or 
                        any unit of the National Forest System; and
                            (ii) Federal lands within the district of 
                        the Bureau of Land Management or unit of the 
                        National Forest System which generated the most 
                        revenues of any district or unit in the State 
                        in the fiscal year preceding the fiscal year in 
                        which the State submits an application pursuant 
                        to section 5 if--
                                    (I) the State has more than two 
                                districts or more than two units, 
                                respectively; and
                                    (II) management authority is 
                                transferred for less than all Federal 
                                lands in the State which are described 
                                in paragraph (3)(A) or paragraph 
                                (3)(B), respectively; and
            (5) ``Secretaries'' or ``Secretary'' means the Secretary of 
        the Interior with respect to the lands described in paragraph 
        (3)(A) and/or the Secretary of Agriculture with respect to the 
        lands described in paragraph (3)(B).

SEC. 4. TRANSFER OF MANAGEMENT AUTHORITY TO STATES.

    Whenever, pursuant to section 5, a State applies for transfer of 
authority to the State to manage eligible Federal lands and, pursuant 
to section 6, the Congress enacts legislation authorizing and directing 
such transfer, the Secretary with jurisdiction over such lands shall 
transfer management responsibilities to such Sate for the period 
established pursuant to section 10 and in accordance with the 
procedures and requirements of sections 6 and 7.

SEC. 5. STATE APPLICATION.

    (a) Application Authority.--(1) Either the Governor of a State or 
the State entity which has authority under State law to acquire and 
convey State lands, after consultation with the Governor, may submit an 
application or applications for authority to manage all or certain 
eligible Federal lands within the State to the Committees of Congress, 
the Secretary or Secretaries with jurisdiction over such lands, and any 
affected Indian tribes.
    (2) A State may not submit any other application pursuant to this 
subsection during the two-year period of review of an application from 
such State provided for by section 6(c). A State may submit another 
application pursuant to this subsection at any time after the 
conclusion of the review period whether Congress enacts or fails to 
enact a law during the review period in accordance with 6(c).
    (b) Application Contents.--Each application of a State pursuant to 
subsection (a) shall--
            (1) describe the eligible Federal lands for which 
        management authority is sought;
            (2) provide a summary and the text of State law or laws 
        accepting the responsibility, and providing the authority, for 
        the management of such eligible Federal lands by the State, 
        including any law or laws concerning State trust lands which 
        may be applicable to such eligible Federal lands; and
            (3) describe the administrative and technical personnel who 
        will be assigned, and the funding that will be provided, to the 
        management of such eligible Federal lands, including what 
        procedures the State will use to identify and employ personnel 
        from the Agencies who have knowledge of or expertise concerning 
        such eligible Federal lands and seek such employment.

SEC. 6. PROCEDURES FOR GRANTING STATE MANAGEMENT AUTHORITY.

    (a) Notice of Application.--(1) Within 10 days of receipt of an 
application from a State to manage eligible Federal lands pursuant to 
section 5, the Secretary or Secretaries shall publish in the Federal 
Register a notice of availability of the application.
    (2) A notice of availability of an application published pursuant 
to paragraph (1) shall include a description of the eligible FFederal 
lands for which management authority is sought and the addresses at 
which a copy of the application is available for public review. Such 
addresses shall include the principal office or offices of the relevant 
Agency or Agencies within the State which submitted the application and 
in Washington, DC.
    (b) Report of Secretary.--Within 90 days of receipt of an 
application from a State to manage eligible Federal lands pursuant to 
section 5, the Secretary or each Secretary shall submit to the 
Committees of Congress and any affected Indian tribe an advisory report 
on the application, which shall:
            (1) assess--
                    (A) the adequacy of the State law to manage such 
                lands;
                    (B) the qualifications of the personnel to be 
                assigned to the management of such lands;
                    (C) the adequacy of the funding for the management 
                of such lands; and
                    (D) the effect, if any, on any Indian tribe of 
                management of such lands by the State; and
            (2) provide any recommendations the Secretary may wish to 
        make concerning the application.
    (c) Report of Affected Indian Tribe.--Within 60 days of the date of 
submission to the Committees of Congress of an advisory report on an 
application for a State to manage eligible Federal lands pursuant to 
section 5, any Indian tribe to which the application was submitted 
pursuant to section 5, or which was identified pursuant to subsection 
(b)(1)(D), may submit a report on the application to the Committees.
    (d) Congressional Action.--A State may assume management authority 
for eligible Federal lands subject to an application pursuant to 
section 5 only if Congress enacts a law authorizing such assumption of 
authority. If Congress does not enact a law authorizing the assumption 
of management authority by a State within two years from the date of 
receipt of the application of the State by the Committees of Congress, 
the application shall be deemed to be denied.

SEC. 7. STATE MANAGEMENT OF ELIGIBLE FEDERAL LANDS.

    (a) Applicable Law.--Except as provided otherwise in this section, 
upon enactment of a law pursuant to section 6(c) which authorizes a 
State to assume the authority to manage eligible Federal lands, the 
State shall manage such lands subject to valid existing rights and in 
accordance with applicable State law, such authorizing law, and other 
Federal law applicable to State lands.
    (b) Federal Conservation System Lands.--Any eligible Federal lands 
for which a State has assumed management authority pursuant to this 
title which are within units of the National Wilderness Preservation 
System, National Wild and Scenic Rivers System, or the National Trails 
System shall be managed by the State in accordance with the Acts 
establishing such systems.
    (c) Existing Leases, Permits, and Other Authorizations.--(1) Upon 
enactment of a law pursuant to section 6(c) which authorizes a State to 
assume the authority to manage eligible Federal lands, the State shall 
assume all rights and responsibilities of the United States under and 
for each Federal grazing permit, mineral lease, contract for sale of 
forest products, or other use authorization for such lands.
    (2) During the remainder of the term of any use authorization 
described in paragraph (1), the use authorization and all rights, 
terms, agreements, and responsibilities under such authorization 
(including authorizations for easements, facilities, operations, or 
other appurtenances on the lands to which the use authorization 
applies) shall be honored and enforced by the State under the existing 
terms of the use authorization and applicable Federal law and 
regulations, except that all rents, royalties, fees, and other payments 
formerly due to the United States under such authorization shall be 
payable by the holder to the State in accordance with subsection (e).
    (3) Any use authorization described in paragraph (1) shall 
terminate at the end of the term thereof and shall not be renewed or 
extended. Upon the termination of a use authorization described in 
paragraph (1) through no fault of the holder of such authorization, the 
holder shall be entitled to a right-of-first-refusal for the issuance 
of an authorization for the same use by the State pursuant to State 
law.
    (d) Hardrock Mineral Rights.--(1) Upon enactment of a law pursuant 
to section 6(c) which authorizes a State to assume the authority to 
manage eligible Federal lands--
            (A) except as provided in subparagraph (B), any valid 
        existing mining claim or site established under the general 
        mining laws on such lands, and all rights associated with such 
        mining claim or site, shall continue to be administered by the 
        Secretary of the Interior, until the mining claim or site is 
        patented, abandoned, declared invalid, or, at the election of 
        the owner of the mining claim or site, converted to a State 
        lease or other disposition under State law; and
            (B) until a mining claim or site identified in subparagraph 
        (A) is patented, abandoned, declared invalid, or, at the 
        election of the owner of the mining claim or site, converted to 
        a State lease or other disposition under State law--
                    (i) the Secretary shall consult with the State on 
                minerals management decisions regarding approval of 
                plans of operation, regulation of surface use, and 
                potential environmental impacts; and
                    (ii) the State shall have authority to manage the 
                surface estates and to make disposition of other 
                minerals and rights and be entitled, in accordance with 
                subsection (e), to such revenues derived therefrom, so 
                long as such State action does not violate the rights 
                associated with valid existing mining claims or sites 
                under the general mining laws.
    (2) When used in this subsection, the term--
            (A) ``general mining laws'' means those Acts which 
        generally comprise chapters 2, 11, 12, 12A, 15, and 16, and 
        sections 161 and 162, of Title 30 of the United States Code, 
        all Acts which are amendatory of or supplementary to any of the 
        foregoing Acts, and the judicial and administrative decisions 
        interpreting such Acts; and
            (B) ``mining claim or site'' means a lode mining claim, 
        placer mining claim, mill site, or tunnel site.
    (e) Revenues.--(1) Upon enactment of a law pursuant to section 6(c) 
which authorizes a State to assume the authority to manage eligible 
Federal lands, the State shall receive all rents, royalties, fees, and 
other receipts derived from the eligible Federal lands which become due 
and payable beginning on the first day of the first full month 
following the effective date of such law. Within thirty days of receipt 
of any such receipts, the State shall pay into the Treasury of the 
United States that portion of the receipts which is derived from 
activities on such lands that occurred prior to the effective date or 
which is otherwise allocated to a period preceding the effective date. 
Within thirty days of the effective date, the Secretary of the Treasury 
shall pay to the State that portion of any receipts paid in advance for 
a period that extends beyond the effective date which is allocated to 
the remainder of the period beginning on the effective date.
    (2) Except as provided in subsection (c), all revenues and fees 
from eligible Federal lands for which the State assumes management 
authority pursuant to section 6(c) shall be imposed and collected in 
accordance with applicable State law.
    (3) Except as provided in paragraph (1), a State which assumes 
management authority over eligible Federal lands pursuant to section 
6(c) shall distribute the revenues and fees received from such lands in 
accordance with applicable State law.
    (f) Subsistence Use and Treaty Rights.--(1) The provisions of title 
VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 
Sec. Sec. 3111-3126) concerning subsistence management and use of 
Federal lands shall apply to any eligible Federal lands in Alaska for 
which the State of Alaska assumes management authority under a law 
enacted pursuant to section 6(c).
    (2) Any Indian treaty right to sue eligible Federal lands shall be 
respected by the State which assumes management authority over such 
lands under a law enacted pursuant to section 6(c).
    (g) Access.--Access to any non-Federal lands over, upon, under or 
through eligible Federal lands for which a State assumes management 
authority under a law enacted pursuant to section 6(c) shall be granted 
by the State in accordance with the provisions of section 1323 of the 
Alaska National Interests Lands Conservation Act (16 U.S.C. Sec. 3210).
    (h) Payments in Lieu of Taxes.--Payments by the United States in 
lieu of taxes pursuant to the provisions of Chapter 69, Payment for 
Entitlement Land, of title 31 of the United States Code or any other 
payments by the United States in lieu of or to offset declining 
revenues from Federal lands shall cease as to any eligible Federal 
lands which are the subject of a law enacted pursuant to section 6(c) 
at the end of the month in which the law is enacted.

SEC. 8. AUTHORIZATION FOR TRANSITION APPROPRIATIONS.

    (a) Authorization.--Unless otherwise provided in a law authorizing 
a State to assume the authority to manage eligible Federal lands 
enacted pursuant to section 6(c), there are authorized to be 
appropriated for use by such State in managing such lands in the first, 
second, and third full fiscal years after the date of enactment of such 
law amounts of funds equal to 75 percentum, 50 percentum, and 25 
percentum, respectively, of the appropriated funds expended for the 
management of such lands in the full fiscal year immediately prior to 
such date.
    (b) Reimbursement.--Any State that elects to receive appropriated 
funds pursuant to subsection (a) shall reimburse the Treasury of the 
United States for each amount received and interest therein within 
seven years of the date of receipt thereof.

SEC. 9. TRANSITION.

    Whenever a law authorizing a State to assume the authority to 
manage eligible Federal lands is enacted pursuant to section 6(c)--
            (1) the Federal records and personal property which were 
        used for or pertain to the management of such lands, and so 
        much of the unexpended balances of appropriations, allocations, 
        and other funds as were available on the date of enactment of 
        such law for the management of such lands for the remainder of 
        the fiscal year, shall be transferred or provided on such date, 
        or as soon thereafter as is possible, to the State, except that 
        no such unexpended balance transferred shall be used for 
        purposes other than those for which the appropriation was 
        originally made; and
            (2) upon the request of the State, the Secretary or 
        Secretaries with jurisdiction over such lands on the day before 
        the date of enactment of such law may detail to the State for 
        temporary service of not more than one year Federal personnel 
        who had responsibilities for or were engaged in activities 
        concerning the management of such lands on or before such day.

SEC. 10. TERM OF STATE MANAGEMENT.

    (a) Term.--Unless provided otherwise in the applicable law enacted 
pursuant to section 6(c) or a law repealing or otherwise modifying such 
law, the term for which a State shall be granted authority to manage 
eligible Federal lands shall be ten years.
    (b) Continued State Role.--(1) If the State wishes to continue 
management of the eligible Federal lands referred to in subsection (a) 
for another ten-year term, the State shall submit an application 
therefor pursuant to section 5(a) not later than two years prior to the 
date of expiration of the current term. The application shall meet the 
requirements of section 5(b), include a detailed report on the 
management of such lands during the current term, and be processed in 
accordance with the procedures of section 6.
    (2) Alternatively, if the State wishes to obtain ownership of all 
or any portion of the eligible Federal lands referred to in subsection 
(a), the State may submit an application therefor pursuant to section 
5(a) not later than two years prior to the date of expiration of the 
current term of State management. The application shall meet the 
requirements of section 5(b) and include a detailed report on the 
management of such lands during the current term. Any consideration 
given by the Congress to an application under this paragraph shall not 
be governed by the provisions of this Act.

SEC. 11. RETURN TO FEDERAL MANAGEMENT.

    (a) Resumption of Federal Authority.--Whenever the term of State 
management of eligible Federal lands under a law enacted pursuant to 
section 6(c) expires without authorization for continued management of 
such lands by the State, or without transfer of title to such lands to 
the State, pursuant to section 10(b), the Secretary or Secretaries with 
jurisdiction over such lands shall on the day following the final date 
of the term--
            (1) assume authority to manage such lands in accordance 
        with all applicable Federal law, except as provided in 
        paragraph (2) and subsection (b); and
            (2) assume all rights and responsibilities of the State 
        under any authorization issued by the State for use of such 
        lands in accordance with section 7(c) or State law.
    (b) State Use Authorizations.--(1) During the remainder of the term 
of any use authorization described in subsection (a)(2), the use 
authorization and all rights, terms, agreements, and responsibilities 
under such authorization (including authorizations for easements, 
facilities, operations, or other appurtenances on the lands to which 
the use authorization applies) shall be honored and enforced by the 
Secretary concerned under the existing terms of the use authorization 
and applicable State law, except that all rents, royalties, fees, and 
other payments formerly due to the States under such authorization 
shall be payable by the holder to the Treasury of the United States in 
accordance with subsection (c).
    (2) Any use authorization described in subsection (a)(2) shall 
terminate at the end of the term thereof and shall not be renewed or 
extended. Upon the termination of a use authorization described in 
subsection (a)(2) through no fault of the holder of such authorization, 
the holder shall be entitled to a right-of-first-refusal for the 
issuance of an authorization for the same use by the Secretary pursuant 
to applicable Federal law which is not contrary to this paragraph.
    (c) Revenues.--Upon expiration of the term of State management of 
eligible Federal lands described in subsection (a), the Treasury of the 
United States shall receive all rents, royalties, fees and other 
receipts derived from the eligible Federal lands which become due and 
payable beginning on the first day of the first full month following 
the final date of the term of State management. Within thirty days of 
receipt of any such receipts, the Secretary of the Treasury shall pay 
to the State that portion of the receipts which is derived from 
activities on such lands that occurred during, or which is otherwise 
allocated to a period within, the term of State management. Within 
thirty days of the final date of the term of Statement management, the 
State shall pay to the Treasury of the United States that portion of 
any receipts paid in advance for a period that extends beyond the final 
date of the term which is allocated to the remainder of the period 
beginning on the day following such date.
    (d) Payments in Lieu of Taxes.--Upon expiration of the term of 
State management of eligible Federal lands described in subsection (a), 
payments by the United States in lieu of taxes pursuant to the 
provisions of Chapter 69, Payment for Entitlement Land, of title 31 of 
the United States Code for such lands shall resume on the first day of 
the first full month after the final date of the term.
    (e) Transition.--Upon expiration of the term of State management of 
eligible Federal lands described in subsection (a), the State records 
and personal property which were used for or pertain to the management 
of such lands shall be transferred or provided to the Secretary or 
Secretaries with jurisdiction over such lands on the day following the 
final date of the term, or as soon thereafter as possible.

SEC. 12. TRANSFER OF MANAGEMENT AUTHORITY TO NONPROFITS.

    (a) Application.--(1) Any nonprofit organization which qualifies 
under paragraph (2) may submit an application pursuant to this 
subsection for authority to manage Federal lands comprising--
            (A) not less than all Federal lands within any district of 
        the Bureau of Land Management or any unit of the National 
        Forest System; and
            (B) not more than three units of the National Forest System 
        or three districts of the Bureau of Land Management, or a 
        combination thereof, in the same general area.
    (2) A nonprofit organization eligible to submit an application for 
authority to manage Federal lands pursuant to this subsection shall be 
a corporation or other entity that is organized under the laws of the 
State in which is situated all or a majority of such lands and for the 
express purpose of managing such lands, and is described in section 
501(c)(3) of the Internal Revenue Code of 1986, as amended.
    (3) Each application of a nonprofit organization pursuant to 
paragraph (1) shall--
            (A) describe the Federal lands for which management 
        authority is sought;
            (B) document the eligibility of the organization to submit 
        the application as set forth in paragraph (2) and describe the 
        qualifications of the organization to assume management 
        authority over such lands;
            (C) identify any exception or exemption from Federal law 
        applicable to such lands that the organization deems necessary 
        or appropriate for the exercise of management authority by it; 
        and
            (D) describe the relationship the organization intends to 
        establish with the personnel of the Agency or Agencies with 
        jurisdiction over such lands who, on the date of submission of 
        the application, have the authority to make and implement 
        management decisions specific to such lands, and identify any 
        changes in such personnel which the organization expects to 
        make within the first year of the assumption of management 
        authority by the organization.
    (4) Each application of a nonprofit organization pursuant to 
paragraph (1) shall be submitted to the Committees of Congress, the 
Secretary or Secretaries with jurisdiction over the Federal lands to 
which the application applies, the Governor of each State in which such 
Federal lands are located, any affected Indian tribe, and any affected 
local government.
    (b) Procedure for Granting Management Authority.--(1)(A) Within ten 
days of receipt of an application from a nonprofit organization 
pursuant to subsection (a), the Secretary or Secretaries shall publish 
in the Federal Register a notice of availability of the application.
    (B) A notice of availability of an application pursuant to 
subparagraph (A) shall include a description of the Federal lands for 
which management authority is sought and the nonprofit organization 
seeking such authority, and the addresses at which a copy of the 
application is available for public review. Such addresses shall 
include the district manager's office for each district of the Bureau 
of Land Management, and the forest supervisor's office for each unit of 
the National Forest System, within the Federal lands for which 
management authority is sought.
    (2) Any Secretary concerned, any State in which are located the 
Federal lands for which management authority is sought, any affected 
Indian tribe, and any affected local government may provide comments to 
the Committees of Congress on the application submitted pursuant to 
subsection (a) within sixty days of the date of the publication of the 
notice of the application pursuant to paragraph (1).
    (3) A nonprofit organization may assume management authority for 
Federal lands subject to an application pursuant to subsection (a) only 
if Congress enacts a law authorizing such assumption of authority. If 
Congress does not enact a law authorizing the assumption of management 
authority by a State within two years from the date of receipt of the 
application by the Committees of Congress, the application shall be 
deemed denied.
    (c) Applicable Laws.--Upon enactment of a law pursuant to 
subsection (b)(3) which authorizes a nonprofit organization to assume 
the authority to manage Federal lands, the organization shall manage 
such lands in accordance with all applicable Federal laws: Provided, 
That the organization shall not be required to comply with--
            (1) any provision of Federal law for which the organization 
        requested in its application submitted pursuant to subsection 
        (a), and Congress explicitly granted in the law enacted 
        pursuant to subsection (b)(3), an exemption or exception; and
            (2) any regulations, policies established without 
        regulations, or Agency guidance applicable to such lands, if 
        such organization otherwise complies with the applicable 
        Federal laws.
    (d) Transition Appropriations.--(1) Unless otherwise provided in 
the law enacted pursuant to subsection (b)(3) authorizing a nonprofit 
organization to assume the authority to manage Federal lands, or the 
applicable appropriations acts, the Secretary or Secretaries concerned 
shall provide the nonprofit organization in the first, second, and 
third full fiscal years after the date of enactment of such law amounts 
of appropriated funds equal to 75 percentum, 50 percentum, and 25 
percentum, respectively, of the appropriated funds expended for the 
management of such lands in the full fiscal year immediately prior to 
such date.
    (2) Any nonprofit organization that receives funds pursuant to 
paragraph (1) shall reimburse the Treasury of the United States for 
each amount received and interest thereon within seven years of receipt 
thereof.
    (e) Revenues.--Upon enactment of a law pursuant to subsection 
(b)(3), the Federal share of all rents, royalties, fees, and other 
receipts, including any revenues from the sale or lease of Federal 
coal, oil, gas, or other minerals, that is derived from each unit of 
the Federal lands to which the law applies and is received after the 
date of enactment of the law shall be returned to such unit to be 
available without fiscal year limitation or further appropriation.
    (f) Personnel.--Upon the date of enactment of a law pursuant to 
subsection (b)(3), the nonprofit organization to which the law applies 
shall make all decisions related to the employment and compensation of 
the personnel of the Agency or Agencies concerned who are responsible 
for implementing management decisions specific to the Federal lands to 
which the law applies. Personnel from the Agency or Agencies concerned 
who are responsible for managing the Federal lands to which the law 
applies upon the date of enactment of the law, and any additional 
personnel from either Agency employed by the nonprofit organization 
after the date of enactment of the law, shall remain Federal employees. 
Additional personnel employed from outside of either Agency by the 
nonprofit organization after the date of enactment of the law shall be 
employees of the nonprofit organization. Employment and compensation of 
all personnel who are Federal employees shall be governed by applicable 
Federal law.
    (g) Term of Management; Renewal.--(1) Unless otherwise provided in 
the applicable law enacted pursuant to subsection (b)(3), or a law 
repealing or otherwise modifying such law, the term for which a 
nonprofit organization shall be granted authority to manage Federal 
lands shall be ten years.
    (2) If the nonprofit organization wishes to continue management of 
the Federal lands referred to in paragraph (1) for another 10-year 
term, the nonprofit organization shall submit an application therefor 
pursuant to subsection (a)(2) not later than two years prior to the 
date of expiration of the current term. The application shall meet the 
requirements of subsection (a), include a detailed report on the 
management of such lands during the current term, and be processed in 
accordance with subsection (b).
    (h) Return to Federal Management.--(1) Within thirty days of the 
expiration of a term of management of Federal lands by a nonprofit 
organization under a law enacted pursuant to subsection (b)(3) without 
authorization for continued management of such lands by the nonprofit 
organization pursuant to subsection (g)(2), the nonprofit organization 
shall pay into the Treasury of the United States all revenues received 
pursuant to subsection (e), together with any interest earned thereon, 
that have not been expended in managing the Federal lands.
    (2) Upon the expiration of the term of management of Federal lands 
by a nonprofit organization described in paragraph (1), all rents, 
royalties, fees and other receipts which become due and payable 
beginning on the first day of the first full month following the final 
date of the term of management by the organization shall be distributed 
in accordance with applicable Federal law, notwithstanding subsection 
(e) of this section.

SEC. 13. VENUES.

    (a) State Courts.--Any litigation concerning any action, other than 
an action pursuant to section 7(d)(1), on any eligible Federal lands 
for which a State has assumed management authority under a law enacted 
pursuant to section 6(c) shall be brought in the appropriate State 
court.
    (b) Federal Courts.--(1) This Act and any law enacted pursuant to 
section 6(c) or section 12(b)(3) shall be subject to judicial review 
only as provided by this subsection.
    (2) Any litigation alleging that this Act or any law enacted 
pursuant to section 6(c) or section 12(b)(3) is invalid, or an action 
under this Act or such law denies rights under the Constitution of the 
United States or is beyond the scope of authority conferred by this Act 
or such law, may be brought within sixty days of the date of enactment 
of this Act or such law, as the case may be. A claim shall be barred 
unless a complaint is filed within the time specified in this 
paragraph.
    (3) Any litigation described in paragraph (2) concerning this Act 
may be brought in the United States District Court for the District of 
Columbia and any litigation described in paragraph (2) concerning any 
law enacted pursuant to section 6(c) or section 12(b)(3) may be brought 
in the United States District Court for the district in which is 
situated all or a majority of the lands to which such law applies. No 
other court of the United States, of any State, territory, or 
possession of the United States, or of the District of Columbia, shall 
have jurisdiction over any such claim.

SEC. 14. EFFECT ON OTHER FEDERAL LAWS.

    Any transfer of management authority over Federal lands pursuant to 
section 6(c) or section 12(b)(3) shall not require or permit any 
administrative action, including revisions, amendments, 
supplementation, or other action of, to, or pertaining to resource 
management plans, standards, guidelines, policies, or guidance 
concerning individual or multiple units of Federal lands because of 
implementation, or site-specific or cumulative impacts of 
implementation, of such management authority.
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