[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5836 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5836

   To provide for the orderly disposal of certain Federal lands, to 
 benefit education and other purposes through the sales of such lands, 
to consolidate Federal lands to improve management, to provide for the 
acquisition of lands for recreational and other opportunities, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

 Mr. Gosar (for himself, Mr. Amodei, Mr. Buck, Mr. Cook, Mr. Franks of 
  Arizona, Mr. Hardy, Mr. Jody B. Hice of Georgia, Mr. Labrador, Mr. 
 McClintock, Mr. Newhouse, Mr. Schweikert, Mr. Sessions, Mr. Stewart, 
 Mr. Tipton, Mr. Young of Alaska, Mr. Duncan of Tennessee, Mr. King of 
 Iowa, Mr. Nunes, Mr. Babin, and Mr. Coffman) 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 orderly disposal of certain Federal lands, to 
 benefit education and other purposes through the sales of such lands, 
to consolidate Federal lands to improve management, to provide for the 
acquisition of lands for recreational and other opportunities, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hunting, 
Education, and Recreational Development Act'' or the ``HEARD Act''.
    (b) Table of Contents.--The table of contents for this Act is:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Disposal.
Sec. 5. Lands to provide or increase recreational and other 
                            opportunities.
Sec. 6. Public availability of information on land potentially 
                            available for disposal.
Sec. 7. Recreation and Public Purposes Act.
Sec. 8. Limitations for administrative costs.
Sec. 9. Recording.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The total Federal estate exceeds more than 635,000,000 
        acres.
            (2) The Federal Government owns parcels of varying size 
        interspersed with or adjacent to private, State, and tribal 
        lands throughout the United States, making many of these 
        parcels difficult to manage and more appropriate for disposal.
            (3) The Bureau of Land Management identifies certain lands 
        potentially available for disposal in revisions to resource 
        management plans.
            (4) Existing law does not require the Bureau of Land 
        Management to dispose of identified lands on a regular or 
        frequent basis. As a result, lands identified as potentially 
        available for disposal under valid resource management plans 
        are rarely disposed of by the Bureau of Land Management.
            (5) The Forest Service has several authorities to dispose 
        of Federal lands, but such authorities are rarely used.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the orderly disposal of certain Federal 
        lands;
            (2) to benefit education through the sales of such lands 
        and research focused on natural resource issues at educational 
        institutions;
            (3) to consolidate Federal lands to achieve better 
        management; and
            (4) to provide for the acquisition of certain lands to 
        provide or increase recreational and other purposes.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Hunting.--The term ``hunting'' means use of a firearm, 
        bow, or other authorized means in the lawful--
                    (A) pursuit, shooting, capture, collection, 
                trapping, or killing of wildlife; or
                    (B) attempt to pursue, shoot, capture, collect, 
                trap, or kill wildlife.
            (2) Land grant university.--The term ``land grant 
        university'' means a land grant university--
                    (A) established under the Act of July 2, 1862 
                (known as the ``First Morrill Act''; 12 Stat. 503, 
                chapter 130; 7 U.S.C. 301 et seq.);
                    (B) established under the Act of August 30, 1890 
                (known as the ``Second Morrill Act''; 26 Stat. 419, 
                chapter 841; 7 U.S.C. 321 et seq.); or
                    (C) described in section 533(a)(1) of the Equity in 
                Educational Land-Grant Status Act of 1994 (part C of 
                title V of Public Law 103-382).
            (3) Recreational fishing.--The term ``recreational 
        fishing'' means the lawful--
                    (A) pursuit, capture, collection, or killing of 
                fish; or
                    (B) attempt to pursue, capture, collect, or kill 
                fish.
            (4) Recreational off-highway vehicles.--The term 
        ``recreational off-highway vehicle'' means a motorized off-
        highway vehicle designed to travel on four or more tires, 
        intended by the manufacturer for recreational use by one or 
        more persons and having all of the following characteristics:
                    (A) A steering wheel for steering control.
                    (B) Foot controls for throttle and service brake.
                    (C) Non-straddle seating.
                    (D) Maximum speed capability greater than 30 miles 
                per hour.
                    (E) Gross vehicle weight rating no greater than 
                3,750 pounds.
                    (F) Less than 80 inches in overall width, exclusive 
                of accessories.
                    (G) Engine displacement equal to or less than 61 
                cubic inches for gasoline fueled engines.
                    (H) Identification by means of a 17-character 
                personal or vehicle information number.
            (5) Recreation and public purposes act.--The term 
        ``Recreation and Public Purposes Act'' means the Act entitled 
        ``An Act to authorize acquisition or use of public lands by 
        States, counties, or municipalities for recreational 
        purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.).
            (6) Recreational shooting.--The term ``recreational 
        shooting'' means any form of sport, training, competition, or 
        pastime, whether formal or informal, that involves the 
        discharge of a rifle, handgun, or shotgun, or the use of a bow.
            (7) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, in reference to 
                lands under the jurisdiction of that Secretary; and
                    (B) the Secretary of Agriculture, in reference to 
                lands under the jurisdiction of that Secretary.
            (8) Special account.--The term ``special account'' means 
        the account in the Treasury of the United States established 
        under this Act.
            (9) Unit of local government.--The term ``unit of local 
        government'' means the governing body of each, community, 
        county, municipality, city, town, or township created pursuant 
        to State law with boundaries interspersed with or adjacent to 
        Federal lands.

SEC. 4. DISPOSAL.

    (a) Disposal.--In accordance with this Act, and other applicable 
law, and subject to valid existing rights, the Secretary concerned is 
authorized to dispose of Federal land.
    (b) Reservation for Local Public Purposes.--Not less than 30 days 
before the offering of lands for sale or exchange pursuant to 
subsection (a), States or the unit of local government in whose 
jurisdiction the lands are located may elect to obtain any such lands 
for local public purposes pursuant to the provisions of the Recreation 
and Public Purposes Act. Pursuant to any such election, the Secretary 
concerned shall retain the elected lands for conveyance to the States 
or such unit of the local government in accordance with the provisions 
of the Recreation and Public Purposes Act.
    (c) Selection.--
            (1) Joint selection required.--The Secretary concerned and 
        the unit of local government in whose jurisdiction lands 
        referred to in subsection (a) are located shall jointly select 
        lands to be offered for sale or exchange under this section. 
        The Secretary concerned shall coordinate land disposal 
        activities with the unit of local government concerned. Land 
        disposal activities of the Secretary concerned shall be 
        consistent with local land use planning and zoning requirements 
        and recommendations.
            (2) Offering.--(A) The Secretary concerned shall make the 
        first offering of land as soon as practicable after land has 
        been selected in accordance with this subsection.
            (B) The Secretary of the Interior shall dispose of not less 
        than 10 percent of lands currently identified by the Bureau of 
        Land Management for disposal as of the date of the enactment of 
        this Act in each of the first 8 years after the date of the 
        enactment of this Act, for a total of 80 percent of such lands 
        by the end of the eighth year after the date of the enactment 
        of this Act.
            (C) The Secretary of the Interior shall dispose of not less 
        than 20 percent of lands identified by the Bureau of Land 
        Management for disposal in any resource management plan 
        amendment made after the date of the enactment of this Act in 
        each of the 4 years after such an amendment is made, for a 
        total of 80 percent of such lands by the end of the fourth year 
        after the date of such amendment.
            (D) The Secretary of Agriculture shall dispose of not less 
        than 10 percent of lands currently identified by the Forest 
        Service for disposal as of the date of the enactment of this 
        Act in each of the first 8 years after the date of the 
        enactment of this Act, for a total of 80 percent of such lands 
        by the end of the eighth year after the date of the enactment 
        of this Act.
            (E) The Secretary of Agriculture shall dispose of not less 
        than 20 percent of lands identified by the Forest Service for 
        disposal in any resource management plan amendment made after 
        the date of the enactment of this Act in each of the 4 years 
        after such an amendment is made, for a total of 80 percent of 
        such lands by the end of the fourth year after the date of such 
        amendment.
            (F) Private landowners with inholdings interspersed with or 
        adjacent to Federal land being disposed of shall have the first 
        right of refusal for the purchase of land sold or exchanged 
        under this Act.
    (d) Disposition of Proceeds.--
            (1) Land sales.--Of the gross proceeds of sales of land 
        under this subsection in a fiscal year shall be made available 
        as follows:
                    (A) Fifteen percent shall be paid directly to the 
                State where the sale takes place for use to supplement 
                the education of students in kindergarten through grade 
                12, to supplement public support of institutions of 
                public higher education, and to supplement State 
                agricultural and natural resource agencies.
                    (B) Fifteen percent shall be paid directly to the 
                one or more land grant universities within the 
                boundaries of the State of which the revenue is derived 
                for the purposes of providing agricultural and natural 
                resources research, extension, teaching and 
                infrastructure.
                    (C) Ten percent shall be paid directly to the one 
                or more counties within the boundaries of which the 
                revenue is derived with 50 percent of those revenues 
                going to a county extension office.
                    (D) Ten percent shall be deposited in a special 
                account created in the Treasury of the United States 
                for use pursuant to the provisions of paragraph (3).
                    (E) The remainder shall be deposited into the 
                General Fund of the Treasury.
            (2) Payments.--
                    (A) In general.--Amounts paid to land grant 
                universities under subsection (B) shall be in addition 
                to any other payments of public support.
                    (B) Payments in lieu of taxes.--A payment to a 
                county under subsection (C) shall be in addition to a 
                payment in lieu of taxes received by the county under 
                chapter 69 of title 31, United States Code.
            (3) Availability of special account.--
                    (A) In general.--Amounts deposited in the special 
                account may be expended by the Secretary concerned 
                for--
                            (i) any of the purposes described in 
                        section 5; and
                            (ii) deferred maintenance, repairs, and 
                        capital improvements.
                    (B) Procedures.--The Secretary concerned shall 
                coordinate the use of the special account with States, 
                the unit of local government in whose jurisdiction the 
                lands are located, and other interested persons, to 
                ensure accountability and demonstrated results.
                    (C) Investment of special account.--All funds 
                deposited as principal in the special account shall 
                earn interest in the amount determined by the Secretary 
                of the Treasury on the basis of the current average 
                market yield on outstanding marketable obligations of 
                the United States of comparable maturities. Such 
                interest shall be added to the principal of the account 
                and expended according to the provisions of paragraph 
                (3).

SEC. 5. LANDS TO PROVIDE OR INCREASE RECREATIONAL AND OTHER 
              OPPORTUNITIES.

    (a) Acquisitions.--
            (1) Definition.--For purposes of this subsection, the term 
        ``recreational beneficial land'' means land or an interest in 
        land, the acquisition of which the United States would, in the 
        judgment of the Secretary concerned provide an opportunity--
                    (A) for hunting, recreational fishing, recreational 
                shooting, recreational off-highway vehicles, or other 
                recreational purposes; or
                    (B) to achieve better management of public land 
                through consolidation of Federal ownership.
            (2) Concurrence.--Before initiating efforts to acquire land 
        under this subsection, the Secretary concerned shall obtain the 
        concurrence of each affected State and unit of local government 
        within whose jurisdiction the lands are located, including 
        appropriate planning and regulatory agencies, and with other 
        interested persons, concerning the necessity of making the 
        acquisition, the potential impacts on State and local 
        government, and other appropriate aspects of the acquisition. 
        Concurrence under this paragraph is in addition to any other 
        consultation required by law.
            (3) In general.--After the consultation process has been 
        completed in accordance with paragraph (3), the Secretary 
        concerned may acquire, with the proceeds of the special 
        account, recreational beneficial land and interests in 
        recreational beneficial land. Lands may not be acquired by 
        eminent domain or condemnation or without the consent of the 
        owner thereof. Funds made available from the special account 
        may be used with any other funds made available under any other 
        provision of law or any other non-Federal matching funds 
        provided by a nongovernmental organization.
    (b) Determination of Fair Market Value.--The fair market value of 
land or an interest in land to be acquired by the Secretary concerned 
under this section shall be determined pursuant to section 206 of the 
Federal Land Policy and Management Act of 1976 and shall be consistent 
with other applicable requirements and standards. Fair market value 
shall be determined without regard to the presence of a species listed 
as threatened or endangered under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).
    (c) Payments in Lieu of Taxes.--Subparagraph (H) of section 6901(1) 
of title 31, United States Code, is amended by inserting ``or the 
Hunting, Education, and Recreational Development Act'' after ``the 
Southern Nevada Public Land Management Act of 1998''.
    (d) Limitation.--The total land acreage acquired annually under 
this Act shall not exceed the total Federal land acreage disposed of 
annually under this Act.

SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ON LAND POTENTIALLY 
              AVAILABLE FOR DISPOSAL.

    (a) Bureau of Land Management.--The Bureau of Land Management, 
shall make publicly available, including on the Internet at http://
www.blm.gov/wo/st/
en/prog/planning/planning_overview/lands_potentially0
.html, or any successor website, all public lands managed by the agency 
potentially available for disposal as identified in agency resource 
management plans.
    (b) Forest Service.--The Forest Service, shall make publicly 
available, including on the Internet, all public lands managed by the 
agency identified for disposal as identified in agency land and 
resource management plans.

SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.

    (a) In General.--Upon request by a grantee of lands within a local 
county that are subject to a lease or patent issued under the 
Recreation and Public Purposes Act, the Secretary concerned may 
transfer the reversionary interest in such lands to other non-Federal 
lands. The transfer of the reversionary interest under this section 
shall only be made to lands of equal value, except that with respect to 
States or a unit of local government an amount equal to the excess (if 
any) of the fair market value of lands received by the unit of local 
government over the fair market value of lands transferred by the unit 
of local government shall be paid to the Secretary concerned and shall 
be treated under subsection (d)(1) of section 4 as proceeds from the 
sale of land. For purposes of this subsection, the fair market value of 
lands to be transferred by States or a unit of local government may be 
based upon a statement of value prepared by a qualified appraiser.
    (b) Terms and Conditions Applicable to Reversionary Interest.--
Other non-Federal lands selected under this subsection by a grantee 
described in subsection (a) shall be subject to the activities defined 
as permissible under parts 2920 and 2930 of title 43, Code of Federal 
Regulations, shall be permissible.

SEC. 8. LIMITATIONS FOR ADMINISTRATIVE COSTS.

    Amounts deposited in the special account created by this Act shall 
be expended by the Secretary concerned for reimbursement of--
            (1) costs incurred by the local offices of the Bureau of 
        Land Management and the Forest Service in arranging sales, 
        conveyances, or exchanges under this Act; and
            (2) reimbursement of any other costs associated with this 
        Act including investigations, reports, appraisals, surveys, and 
        clearances.

SEC. 9. RECORDING.

    The Secretary concerned shall record all final sales, conveyances 
and exchanges under this Act with the county within whose jurisdiction 
the lands are located.
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