[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4976 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4976

   To provide for the conveyance of small parcels of National Forest 
   System land and small parcels of public lands administered by the 
 Bureau of Land Management to landowners whose lands share a boundary 
  with the National Forest System land or public lands, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2012

  Mr. Amodei introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To provide for the conveyance of small parcels of National Forest 
   System land and small parcels of public lands administered by the 
 Bureau of Land Management to landowners whose lands share a boundary 
  with the National Forest System land or public lands, 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 ``Small Lands Tracts Conveyance Act''.

SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF 
              NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS.

    (a) Definitions.--In this section:
            (1) Director concerned.--The term ``Director concerned'' 
        means the Director of the Bureau of Land Management for a 
        State.
            (2) Eligible federal lands parcel.--The term ``eligible 
        Federal lands parcel'' means a parcel of National Forest System 
        land or the public lands that--
                    (A) shares one or more boundaries with non-Federal 
                land;
                    (B) is located within the boundaries of an 
                incorporated or unincorporated area with a population 
                of at least 500 residents;
                    (C) is not subject to existing rights held by a 
                non-Federal entity;
                    (D) does not contain an exceptional resource; and
                    (E) is not habitat for an endangered species or a 
                threatened species determined under section 4 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1533).
            (3) Exceptional resource.--The term ``exceptional 
        resource'' means a resource of scientific, historic, cultural, 
        or recreational value on a parcel of public lands that the 
        Director concerned or Regional Forester concerned determines, 
        on the record and after an opportunity for a hearing--
                    (A) is documented by a Federal, State, or local 
                governmental authority; and
                    (B) requires extraordinary conservation and 
                protection to maintain the resource for the benefit of 
                the public.
            (4) National forest system land.--
                    (A) In general.--The term ``National Forest System 
                land'' means land within the National Forest System, as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)), including the National Grasslands and land 
                utilization projects designated as National Grasslands 
                administered pursuant to the Act of July 22, 1937 (7 
                U.S.C. 1010-1012).
                    (B) Exclusions.--The term does not include any land 
                managed by the Forest Service that is included in a 
                national monument, an area of critical environmental 
                concern, a national conservation area, a national 
                riparian conservation area, a national recreation area, 
                a national scenic area, a research natural area, a 
                national outstanding natural area, a national natural 
                landmark, a wilderness area, a wilderness study area, 
                the national wild and scenic rivers system, or the 
                national system of trails.
            (5) Public lands.--
                    (A) In general.--The term ``public lands'' has the 
                meaning given that term in section 103(e) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702(e)).
                    (B) Exclusions.--The term does not include any land 
                managed by the Bureau of Land Management that is 
                included in a national monument, an area of critical 
                environmental concern, a national conservation area, a 
                national riparian conservation area, a national 
                recreation area, a national scenic area, a research 
                natural area, a national outstanding natural area, a 
                national natural landmark, a wilderness area, a 
                wilderness study area, the national wild and scenic 
                rivers system, or the national system of trails.
            (6) Regional forester concerned.--The term ``Regional 
        Forester concerned'' means the Regional Forester with 
        jurisdiction over the National Forest System land of a specific 
        Forest Service Region.
    (b) Selection of Parcels for Conveyance.--
            (1) Two selection methods.--The Director concerned or the 
        Regional Forester concerned shall select an eligible Federal 
        lands parcel for conveyance under this section--
                    (A) in response to a request submitted by an owner 
                of non-Federal land that shares one or more boundaries 
                with the parcel; or
                    (B) upon the recommendation of the District Office 
                of the Bureau of Land Management or unit of the 
                National Forest System exercising administration over 
                the parcel.
            (2) Review of landowner request.--When a landowner submits 
        a request under paragraph (1)(A) for conveyance of a parcel of 
        National Forest System land or public lands, the Director 
        concerned or the Regional Forester concerned shall review the 
        parcel and determine, within 30 days after receipt of the 
        request, whether the parcel satisfies the definition of 
        eligible Federal lands parcel for conveyance.
            (3) Rejection of landowner request.--If the Director 
        concerned or the Regional Forester concerned determines under 
        paragraph (2) that all or a portion of the parcel of National 
        Forest System land or public lands covered by a landowner 
        request under paragraph (1)(A) fails to satisfy the definition 
        of eligible Federal lands parcel, the Director concerned or the 
        Regional Forester concerned shall give the landowner--
                    (A) a written explanation of the reasons for the 
                rejection, which specifically specifies--
                            (i) which of the elements of the definition 
                        of eligible Federal lands parcel the parcel 
                        fails to satisfy and how and why the parcel 
                        fails to satisfy that element;
                            (ii) how the continued administration of 
                        the parcel by the Bureau of Land Management or 
                        the Forest Service would impact the parcel and 
                        surrounding economy; and
                            (iii) why the Federal Government needs to 
                        maintain ownership of the parcel and would be 
                        the best land ownership steward of the parcel; 
                        and
                    (B) an opportunity to appeal the rejection under 
                subsection (e).
    (c) Parcel and Acreage Limitations.--
            (1) Acreage.--An eligible Federal lands parcel conveyed 
        under this section may not exceed 160 acres unless a request 
        for additional acreage is approved by the Director concerned or 
        the Regional Forester concerned.
            (2) Number of parcels.--A person may only acquire one 
        eligible Federal lands parcel under this section per year, 
        except that, if the parcel is less than 160 acres in size, the 
        person may acquire additional eligible Federal lands parcels 
        during that year so long as the total acreage acquired does not 
        exceed 160 acres unless a request for additional acreage is 
        approved by the Director concerned or the Regional Forester 
        concerned.
    (d) Conveyance Process.--
            (1) Public notice.--The Director concerned or the Regional 
        Forester concerned shall provide public notice of the 
        availability of an eligible Federal lands parcel, even in cases 
        in which the parcel shares a boundary with only a single parcel 
        of non-Federal land or with multiple parcels owned by the same 
        landowner. The notice shall state that the parcel satisfies the 
        definition of eligible Federal lands parcel for conveyance.
            (2) Single adjacent landowner.--If the eligible Federal 
        lands parcel shares a boundary with only a single parcel of 
        non-Federal land or with multiple parcels owned by the same 
        landowner, the Director concerned or the Regional Forester 
        concerned shall carry out a negotiated sale of the eligible 
        Federal lands parcel with the landowner.
            (3) Multiple adjacent landowners.--If multiple parcels of 
        non-Federal land, owned by different landowners, share a 
        boundary with an eligible public lands parcel, the sale of the 
        eligible public lands parcel under this section shall be 
        conducted using competitive bidding procedures established 
        under section 203(f) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1713(f)).
            (4) Rejection of offers.--The Director concerned or the 
        Regional Forester concerned may reject any offer made under 
        this subsection that does not offer the minimum consideration 
        required by subsection (f). The landowner shall be given an 
        opportunity to appeal the rejection under subsection (e).
            (5) Compliance with local planning and zoning.--As a 
        condition of the conveyance of an eligible public lands parcel 
        under this section, the Director concerned or the Regional 
        Forester concerned shall require the purchaser of the parcel to 
        agree to comply all local land use ordinances and any master 
        zoning plan applicable to the parcel or the adjacent non-
        Federal land of the purchaser.
            (6) Form of conveyance.--When an eligible Federal lands 
        parcel is to sold under this section, the Director concerned or 
        the Regional Forester concerned shall convey, by quitclaim 
        deed, all right, title, and interest, including the mineral 
        estate, of the United States in and to the parcel.
    (e) Appeals Process.--
            (1) Availability of appeal.--If the Director concerned or 
        the Regional Forester concerned rejects a landowner request 
        under subsection (b)(1)(A) for selection of a parcel of 
        National Forest System land or public lands for conveyance 
        under this section or rejects a landowner offer for purchase of 
        an eligible Federal lands parcel under subsection (d), the 
        Director concerned or the Regional Forester concerned shall 
        provide an appeals process for reconsideration of the rejection 
        using the expedited Forest Service appeals process available 
        under section 322(d) of Public Law 102-381 (16 U.S.C. 1612 
        note).
            (2) Administering official.--For purposes of applying 
        section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note), 
        references to the Chief of the Forest Service or the Secretary 
        of Agriculture shall be deemed to mean the Director concerned 
        or the Regional Forester concerned.
    (f) Consideration.--
            (1) Fair market value.--As consideration for the sale of an 
        eligible Federal lands parcel under this section, the Director 
        concerned or the Regional Forester concerned shall require a 
        cash payment in an amount that is equal to not less than the 
        fair market value of the parcel, including the mineral estate, 
        being conveyed by the Director concerned or the Regional 
        Forester concerned.
            (2) Establishment.--The fair market value of an eligible 
        Federal lands parcel shall be established by an appraisal 
        submitted by the landowner seeking to purchase the parcel, 
        unless the Director concerned or the Regional Forester 
        concerned rejects such appraisal within 45 days after 
        submission. In the case of the rejection of the appraisal, the 
        Director concerned or the Regional Forester concerned shall 
        cause another appraisal to be conducted, within 30 days, in 
        accordance with the regulations regarding appraisals issued 
        under section 206(f) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1716(f)).
    (g) Treatment of Proceeds.--
            (1) Sharing and deposit of proceeds.--Of the consideration 
        received by the Director concerned or the Regional Forester 
        concerned under subsection (f) for the sale of an eligible 
        Federal lands parcel under this section, the Director concerned 
        or the Regional Forester concerned shall--
                    (A) subject to paragraph (2), pay 50 percent of the 
                consideration to the county government of the county in 
                which the parcel is located; and--
                    (B) deposit the remainder in the general fund of 
                the Treasury.
            (2) Effect of county purchase.--If an eligible Federal 
        lands parcel is purchased by a State, county, or city 
        government or any agency thereof, the county government in 
        which the parcel is located shall not receive a portion of the 
        consideration paid for the parcel. Instead, the entire amount 
        of the consideration shall be deposited in the general fund of 
        the Treasury.
    (h) Payment of Costs of Conveyance.--
            (1) Payment required.--The Director concerned or the 
        Regional Forester concerned shall require the purchaser of an 
        eligible Federal lands parcel under this section to cover the 
        costs to be incurred, or to reimburse the Director concerned or 
        the Regional Forester concerned for costs incurred, to carry 
        out the conveyance, including survey and appraisal costs, costs 
        for environmental documentation, and any other administrative 
        costs related to the conveyance. If amounts are collected from 
        the purchaser of the parcel in advance of the Director 
        concerned or the Regional Forester concerned incurring the 
        actual costs, and the amount collected exceeds the costs 
        actually incurred by the Director concerned or the Regional 
        Forester concerned to carry out the conveyance, the Director 
        concerned or the Regional Forester concerned shall refund the 
        excess amount to the purchaser.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursement under paragraph (1) shall be credited to the fund 
        or account that was used to cover those costs in carrying out 
        the conveyance. Amounts so credited shall be merged with 
        amounts in such fund or account, and shall be available for the 
        same purposes, and subject to the same conditions and 
        limitations, as amounts in such fund or account.
    (i) Time for Conveyance.--It is the intent of the Congress that the 
sale of an eligible Federal lands parcel under this section, from 
selection of the parcel for conveyance through completion of the sale, 
should take no more than 18 months.
    (j) NEPA Exemption.--The conveyance of eligible Federal lands 
parcels under this section is not a major Federal action significantly 
affecting the quality of the human environment under section 102(2)(C) 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
because each conveyance involves only a small parcel of National Forest 
System land or the public lands and has no significant impact on 
critical habitats or endangered or threatened species, critical 
environments, exceptional resources.
    (k) Additional Authority.--The conveyance authority provided by 
this section is in addition to the sale authority provided by section 
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1713) or any other provision of law.
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