[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1038 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1038

  To limit the acquisition by the United States of land located in a 
State in which 25 percent or more of the land in that State is owned by 
                           the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2003

   Mr. Thomas (for himself, Mr. Enzi, Mr. Craig, Mr. Stevens and Mr. 
Burns) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To limit the acquisition by the United States of land located in a 
State in which 25 percent or more of the land in that State is owned by 
                           the United States.

    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 ``No Net Loss of Private Land Act''.

SEC. 2. LIMITATION ON ACQUISITION OF LAND.

    (a) In General.--Notwithstanding any other law, the United States 
may acquire an interest in 100 or more acres of land within a State 
described in subsection (c) only if, before any such acquisition, the 
United States disposes of the surface estate to land in that State in 
accordance with subsection (b).
    (b) Disposition of Surface Estate.--The disposition of the surface 
estate in land by the United States qualifies for the purposes of this 
section if--
            (1) the value of the surface estate of the land disposed of 
        by the United States is approximately equal to the value of the 
        interest in land subject to this section that is to be acquired 
        by the United States, as determined by the head of the 
        department, agency, or independent establishment concerned; and
            (2) the head of the department, agency, or independent 
        establishment concerned certifies that the United States has 
        disposed of land for the purpose of this section.
    (c) Affected States.--A State is described in this section if--
            (1) it is 1 of the States of the United States; and
            (2) 25 percent or more of the land within that State is 
        owned by the United States.
    (d) Acquisition.--For the purpose of this section, the term 
``acquire'' includes acquisition by donation, purchase with donated or 
appropriated funds, exchange, devise, and condemnation.
    (e) Applicability.--This section does not apply to--
            (1) any land held in trust for the benefit of an Indian 
        tribe or individual or held by an Indian tribe or individual 
        subject to a restriction by the United States against 
        alienation;
            (2) real property acquired pursuant to a foreclosure under 
        title 18, United States Code;
            (3) real property acquired by any department, agency, or 
        independent establishment in its capacity as a receiver, 
        conserver, or liquidating agent which is held by that 
        department, agency, or independent establishment in its 
        capacity as a receiver, conserver, or liquidating agent pending 
        disposal;
            (4) real property that is subject to seizure, levy, or lien 
        under the Internal Revenue Code of 1986; or
            (5) real property that is securing a debt owed to the 
        United States.
    (e) Waiver.--The head of a department, agency, or instrumentality 
of the United States may waive the requirements of this section with 
respect to the acquisition of land by that department, agency, or 
instrumentality during any period in which there is in effect a 
declaration of war or a national emergency declared by the President.
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