II 109th CONGRESS 1st Session S. 591 IN THE SENATE OF THE UNITED STATES March 10, 2005 Mr. Thomas (for himself, Mr. Craig, Mr. Enzi, 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.

1.

Short title

This Act may be cited as the No Net Loss of Private Land Act.

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. (f)

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.