[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1129 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1129

To facilitate the acquisition of inholdings in Federal land management 
 units and the disposal of surplus public land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 1999

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

_______________________________________________________________________

                                 A BILL


 
To facilitate the acquisition of inholdings in Federal land management 
 units and the disposal of surplus public land, 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 Land Transaction 
Facilitation Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Bureau of Land Management has authority under the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
        et seq.) to sell land identified for disposal under its land 
        use planning;
            (2) the Bureau of Land Management has authority under that 
        Act to exchange Federal land for non-Federal land if the 
        exchange would be in the public interest;
            (3) through land use planning under that Act, the Bureau of 
        Land Management has identified certain tracts of public land 
        for disposal;
            (4) the land management agencies of the Department of the 
        Interior have authority under existing law to acquire land 
        consistent with land use plans and the mission of each agency;
            (5) the sale or exchange of land identified for disposal 
        and the acquisition of certain non-Federal land from willing 
        landowners would--
                    (A) allow for the reconfiguration of land ownership 
                patterns to better facilitate resource management;
                    (B) contribute to administrative efficiency within 
                Federal land management units; and
                    (C) allow for increased effectiveness of the 
                allocation of fiscal and human resources within the 
                Federal land management agencies;
            (6) a more expeditious process for disposal and acquisition 
        of land, established to facilitate a more effective 
        configuration of land ownership patterns, would benefit the 
        public interest;
            (7) many private individuals own land within the boundaries 
        of Federal land management units and desire to sell the land to 
        the Federal Government;
            (8) such land lies within national parks, national 
        monuments, national wildlife refuges, and other areas 
        designated for special management;
            (9) Federal land management agencies are facing increased 
        workloads from rapidly growing public demand for the use of 
        public land, making it difficult for Federal managers to 
        address problems created by the existence of inholdings in many 
        areas;
            (10) in many cases, inholders and the Federal Government 
        would mutually benefit from Federal acquisition of the land on 
        a priority basis;
            (11) proceeds generated from the disposal of public land 
        may be properly dedicated to the acquisition of inholdings and 
        other land that will improve the resource management ability of 
        the Bureau of Land Management and adjoining landowners;
            (12) using proceeds generated from the disposal of public 
        land to purchase inholdings and other such land from willing 
        sellers would enhance the ability of the Federal land 
        management agencies to--
                    (A) work cooperatively with private landowners and 
                State and local governments; and
                    (B) promote consolidation of the ownership of 
                public and private land in a manner that would allow 
                for better overall resource management;
            (13) in certain locations, the sale of public land that has 
        been identified for disposal is the best way for the public to 
        receive fair market value for the land; and
            (14) to allow for the least disruption of existing land and 
        resource management programs, the Bureau of Land Management may 
        use non-Federal entities to prepare appraisal documents for 
        agency review and approval consistent with applicable 
        provisions of the Uniform Standards for Federal Land 
        Acquisition.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Exceptional resource.--The term ``exceptional 
        resource'' means a resource of scientific, historic, cultural, 
        or recreational value that has been documented by a Federal, 
        State, or local governmental authority, and for which 
        extraordinary conservation and protection is required to 
        maintain the resource for the benefit of the public.
            (2) Federally designated area.--The term ``Federally 
        designated area'' means land administered by the Secretary in 
        Alaska and the eleven contiguous Western States (as defined in 
        section 103 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1702)) that on the date of enactment of this 
        Act was within the boundary of--
                    (A) a national monument, area of critical 
                environmental concern, national conservation area, 
                national riparian conservation area, national 
                recreation area, national scenic area, research natural 
                area, national outstanding natural area, or a national 
                natural landmark managed by the Bureau of Land 
                Management;
                    (B) a unit of the National Park System;
                    (C) a unit of the National Wildlife Refuge System; 
                or
                    (D) a wilderness area designated under the 
                Wilderness Act (16 U.S.C. 1131 et seq.), the Wild and 
                Scenic Rivers Act (16 U.S.C. 1271 et seq.), or the 
National Trails System Act (16 U.S.C. 1241 et seq.).
            (3) Inholding.--The term ``inholding'' means any right, 
        title, or interest, held by a non-Federal entity, in or to a 
        tract of land that lies within the boundary of a federally 
        designated area.
            (4) Public land.--The term ``public land'' means public 
        lands (as defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. IDENTIFICATION OF INHOLDINGS.

    (a) In General.--The Secretary shall establish a procedure to--
            (1) identify, by State, inholdings within federally 
        designated areas for which the landowner has indicated a desire 
        to sell the land or an interest in land to the Federal 
        Government; and
            (2) establish the date on which the land or interest in 
        land identified became an inholding.
    (b) Notice of Policy.--The Secretary shall provide, in the Federal 
Register and through such other means as the Secretary may determine to 
be appropriate, periodic notice to the public of the policy under 
subsection (a), including any information required by the Secretary to 
consider an inholding for acquisition under section 6.
    (c) Identification.--An inholding--
            (1) shall be considered for identification under this 
        section only if the Secretary receives notification of a desire 
        to sell from the landowner in response to public notice given 
        under subsection (b); and
            (2) shall be deemed to have been established as of the 
        later of--
                    (A) the earlier of--
                            (i) the date on which the land was 
                        withdrawn from the public domain; or
                            (ii) the date on which the land was 
                        established or designated for special 
                        management; or
                    (B) the date on which the inholding was acquired by 
                the current owner.
    (d) Application to the Secretary of Agriculture.--If funds become 
available under section 6(c)(2)(E)--
            (1) this section shall apply to the Secretary of 
        Agriculture; and
            (2) private land within an area described in that section 
        shall be deemed to be an inholding for the purposes of this 
        Act.
    (e) No Obligation To Convey or Acquire.--The identification of an 
inholding under this section creates no obligation on the part of a 
landowner to convey the inholding or any obligation on the part of the 
United States to acquire the inholding.

SEC. 5. DISPOSAL OF PUBLIC LAND.

    (a) In General.--The Secretary shall establish a program, using 
funds made available under section 6, to complete appraisals and 
satisfy other legal requirements for the sale or exchange of public 
land identified for disposal under approved land use plans (as in 
effect on the date of enactment of this Act) under section 202 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
    (b) Sale of Public Land.--
            (1) In general.--The sale of public land so identified 
        shall be conducted in accordance with sections 203 and 209 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1713, 1719).
            (2) Exceptions to competitive bidding requirements.--The 
        exceptions to competitive bidding requirements under section 
        203(f) of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1713(f)) shall apply to this section in cases in 
        which the Secretary determines it to be necessary.
    (c) Report in Public Land Statistics.--The Secretary shall provide 
in the annual publication of Public Land Statistics, a report of 
activities under this section.
    (d) Termination of Authority.--The authority provided under this 
section shall terminate 10 years after the date of enactment of this 
Act.

SEC. 6. FEDERAL LAND DISPOSAL ACCOUNT.

    (a) Deposit of Proceeds.--Notwithstanding any other law (except a 
law that specifically provides for a proportion of the proceeds to be 
distributed to any trust funds of any States), the gross proceeds of 
the sale or exchange of public land under this Act shall be deposited 
in a separate account in the Treasury of the United States to be known 
as the ``Federal Land Disposal Account''.
    (b) Availability.--Amounts in the Federal Land Disposal Account 
shall be available to the Secretary, without further Act of 
appropriation, to carry out this Act.
    (c) Use of the Federal Land Disposal Account.--
            (1) In general.--Funds in the Federal Land Disposal Account 
        shall be expended in accordance with this subsection.
            (2) Fund allocation.--
                    (A) Purchase of land.--Except as authorized under 
                subparagraph (C), funds shall be used to purchase--
                            (i) inholdings; and
                            (ii) land adjacent to federally designated 
                        areas that contains exceptional resources.
                    (B) Inholdings.--Not less than 80 percent of the 
                funds allocated for the purchase of land within each 
                State shall be used to acquire--
                            (i) inholdings identified under section 4; 
                        and
                            (ii) National Forest System land as 
                        authorized under subparagraph (E).
                    (C) Administrative and other expenses.--An amount 
                not to exceed 20 percent of the funds in the Federal 
                Land Disposal Account shall be used for administrative 
                and other expenses necessary to carry out the land 
                disposal program under section 5.
                    (D) Same state purchases.--Of the amounts not used 
                under subparagraph (C), not less than 80 percent shall 
                be expended within the State in which the funds were 
                generated. Any remaining funds may be expended in any 
other State.
                    (E) Purchase of national forest system land.--
                Beginning 5 years after the date of enactment of this 
                Act, if, for any fiscal year, the Secretary determines 
                that funds allocated for the acquisition of inholdings 
                under this section exceed the availability of 
                inholdings within a State, the Secretary may use the 
                excess funds to purchase land, on behalf of the 
                Secretary of Agriculture, within the boundaries of a 
                national recreation area, national scenic area, 
                national monument, national volcanic area, or any other 
                area designated for special management by an Act of 
                Congress within the National Forest System.
            (3) Priority.--The Secretary may develop and use criteria 
        for priority of acquisition that are based on--
                    (A) the date on which land or interest in land 
                became an inholding;
                    (B) the existence of exceptional resources on the 
                land; and
                    (C) management efficiency.
            (4) Basis of sale.--Any acquisition of land under this 
        section shall be--
                    (A) from a willing seller;
                    (B) contingent on the conveyance of title 
                acceptable to the Secretary (and the Secretary of 
                Agriculture, in the case of an acquisition of National 
                Forest System land) using title standards of the 
                Attorney General; and
                    (C) at not less than fair market value consistent 
                with applicable provisions of the Uniform Appraisal 
                Standards for Federal Land Acquisitions.
    (d) Contaminated Sites and Sites Difficult and Uneconomic To 
Manage.--Funds in the Federal Land Disposal Account shall not be used 
to purchase land or an interest in land that, as determined by the 
Secretary--
            (1) contains a hazardous substances or is otherwise 
        contaminated; or
            (2) because of the location or other characteristics of the 
        land, would be difficult or uneconomic to manage as Federal 
        land.
    (e) Investment.--Amounts in the Federal Land Disposal Account shall 
earn interest at a rate determined by the Secretary of the Treasury 
based on the current average market yield on outstanding marketable 
obligations of the United States of comparable maturities.
    (f) Land and Water Conservation Fund Act.--Funds made available 
under this section shall be supplemental to any funds appropriated 
under the Land and Water Conservation Fund Act (16 U.S.C. 460l-4 et 
seq.).
    (g) Termination.--On termination of activities under section 5--
            (1) the Federal Land Disposal Account shall be terminated; 
        and
            (2) any remaining balance in the account shall become 
        available for appropriation under section 3 of the Land and 
        Water Conservation Fund Act (16 U.S.C.460l-6).

SEC. 7. SPECIAL PROVISIONS.

    (a) In General.--Nothing in this Act provides an exemption from any 
limitation on the acquisition of land or interest in land under any 
Federal Law in effect on the date of enactment of this Act.
    (b) Other Law.--This Act shall not apply to land eligible for sale 
under--
            (1) Public Law 96-568 (commonly known as the ``Santini-
        Burton Act'') (94 Stat. 3381); or
            (2) the Southern Nevada Public Land Management Act of 1998 
        (112 Stat. 2343).
    (c) Exchanges.--Nothing in this Act precludes, preempts, or limits 
the authority to exchange land under--
            (1) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); or
            (2) the Federal Land Exchange Facilitation Act of 1988 (102 
        Stat. 1086) or the amendments made by that Act.
    (d) No New Right or Benefit.--Nothing in this Act creates a right 
or benefit, substantive or procedural, enforceable at law or in equity 
by a party against the United States, its agencies, its officers, or 
any other person.
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