[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3316 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3316

 To maximize land management efficiencies, promote land conservation, 
          generate education funding, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2016

Mr. Heinrich (for himself and Mr. Flake) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To maximize land management efficiencies, promote land conservation, 
          generate education funding, 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 ``Advancing Conservation and Education 
Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) at statehood, Congress granted each of the western 
        States land to be held in trust by the States and used for the 
        support of public schools and other public institutions;
            (2) since the statehood land grants, Congress and the 
        executive branch have created multiple Federal conservation 
        areas on Federal land within the western States, including 
        National Parks, National Monuments, national conservation 
        areas, national grassland, components of the National 
        Wilderness Preservation System, wilderness study areas, and 
        national wildlife refuges;
            (3) since statehood land grant land owned by the western 
        States are typically scattered across the public land, creation 
        of Federal conservation areas often include State land grant 
        parcels with substantially different management mandates, 
        making land and resource management more difficult, expensive, 
        and controversial for both Federal land managers and the 
        western States; and
            (4) allowing the western States to relinquish State trust 
        land within Federal conservation areas and to select 
        replacement land from the public land within the respective 
        western States, would--
                    (A) enhance management of Federal conservation 
                areas by allowing unified management of those areas; 
                and
                    (B) increase revenue from the statehood land grants 
                for the support of public schools and other worthy 
                public purposes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Application.--The term ``application'' means an 
        application for State relinquishment and selection of land made 
        under this Act in accordance with section 5.
            (2) Eligible area.--The term ``eligible area'' means land 
        within the outer boundary of--
                    (A) a unit of the National Park System;
                    (B) a component of the National Wilderness 
                Preservation System;
                    (C) a unit of the National Wildlife Refuge System;
                    (D) a unit of the National Landscape Conservation 
                System;
                    (E) an area identified by the Bureau of Land 
                Management as having wilderness characteristics in a 
                land use plan finalized under FLPMA;
                    (F) National Forest System land and public land 
                administered by the Bureau of Land Management that has 
                been designated as a national monument, national 
                volcanic monument, national recreation area, national 
                scenic area, inventoried roadless area, unit of the 
                Wild and Scenic Rivers System, wilderness study area, 
                or Land Use Designation II (as described by section 508 
                of the Alaska National Interest Lands Conservation Act 
                (Public Law 101-626; 104 Stat. 4428)); or
                    (G) a sentinel landscape designated by the 
                Secretary of Agriculture, the Secretary of Defense, and 
                the Secretary of the Interior.
            (3) FLPMA.--The term ``FLPMA'' means the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
            (4) Priority area.--The term ``priority area'' means land 
        within the outer boundary of any--
                    (A) National Monument;
                    (B) national conservation area managed by the 
                Bureau of Land Management;
                    (C) component of the National Wilderness 
                Preservation System; or
                    (D) unit of the National Park System.
            (5) Public land.--
                    (A) In general.--The term ``public land'' has the 
                meaning given the term ``public lands'' in section 103 
                of FLPMA (43 U.S.C. 1702).
                    (B) Exclusions.--The term ``public land'' does not 
                include Federal land that--
                            (i) is within an eligible area;
                            (ii) is within an area of critical 
                        environmental concern established pursuant to 
                        section 202(c)(3) of FLPMA (43 U.S.C. 
                        1712(c)(3));
                            (iii) is within an area withdrawn or 
                        reserved by an Act of Congress, the President, 
                        or public land order for a particular public 
                        purpose or program, including for the 
                        conservation of natural resources;
                            (iv) has been acquired using funds from the 
                        Land and Water Conservation Fund established 
                        under section 200302 of title 54, United States 
                        Code; or
                            (v) is within the boundary of an Indian 
                        reservation, pueblo, or rancheria.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State land grant parcel.--The term ``State land grant 
        parcel'' means--
                    (A) any land granted to a western State by Congress 
                through a statehood or territorial land grant for the 
                support of public education or other public 
                institutions, or subsequently acquired by the western 
                State for that purpose; or
                    (B) land granted to the State of Alaska under 
                subsections (a), (b), and (k) of section 6 of the Act 
                of July 7, 1958 (commonly known as the ``Alaska 
                Statehood Act'') (48 U.S.C. note prec. 21; Public Law 
                85-508).
            (8) Traditional cultural property.--The term ``traditional 
        cultural property'' has the meaning given the term--
                    (A) ``historic property'' in section 800.16 of 
                title 36, Code of Federal Regulations (as in effect on 
                the date of enactment of this Act); or
                    (B) ``sacred site'' in section 1(b) of Executive 
                Order 13007 (42 U.S.C. 1996 note; relating to Indian 
                sacred sites).
            (9) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, or effluent under Federal, 
        State, or other law.
            (10) Western state.--The term ``western State'' means any 
        of the States of Alaska, Arizona, California, Colorado, Idaho, 
        Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, 
        Washington, and Wyoming.

SEC. 4. RELINQUISHMENT OF STATE LAND GRANT PARCELS AND SELECTION OF 
              REPLACEMENT LAND.

    (a) Authority To Select.--In accordance with this Act and in order 
to facilitate the fulfillment of the mandates of State land grant 
parcels and Federal land described in subparagraphs (A) through (G) of 
section 3(2), on approval by the Secretary of an application under 
section 5, a western State may relinquish to the United States State 
land grant parcels wholly or primarily within eligible areas and select 
in exchange public land within the western State.
    (b) Valid Existing Rights.--Land conveyed under this Act shall be 
subject to valid existing rights.
    (c) Management After Relinquishment.--Any portion of a State land 
grant parcel acquired by the United States under this Act that is 
located within an eligible area shall--
            (1) be incorporated in, and be managed as part of, the 
        applicable unit described in subparagraphs (A) through (G) of 
        section 3(2) in which the land is located without further 
        action by the Secretary with jurisdiction over the unit; and
            (2) if located within the National Forest System, be 
        administered by the Secretary of Agriculture in accordance 
        with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 552 et seq.); and
                    (B) any laws (including regulations) applicable to 
                the National Forest System and the unit of the National 
                Forest System in which the land is located.
    (d) Limitation.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), until a western State has relinquished and conveyed to the 
        United States substantially all of the State land grant parcels 
        located in priority areas in the western State, the western 
        State may not apply to relinquish State land grant parcels in 
        other eligible areas in the western State.
            (2) Exception.--The Secretary may waive the limitation in 
        paragraph (1) on a determination that the relinquishment and 
        conveyance to the United States of substantially all State land 
        grant parcels located in priority areas in the western State is 
        impractical or infeasible.
            (3) Other state land grant parcels.--The Secretary may 
        accept an application from a western State to relinquish State 
        land grant parcels within an eligible area in the western State 
        if--
                    (A) the application is limited to relinquishing one 
                or more State land grant parcels within a single 
                eligible area;
                    (B) the western State submitting the application 
                is, as determined by the Secretary, making substantial 
                progress in relinquishing State land grant parcels 
                within priority areas in the western State; and
                    (C) the Secretary has not accepted any other 
                applications from the western State under this 
                paragraph during the 5-year period ending on the date 
                of the application.

SEC. 5. PROCESS.

    (a) Process for Application.--
            (1) In general.--Not later than 540 days after the date of 
        the enactment of this Act and in accordance with this section, 
        the Secretary shall promulgate regulations establishing a 
        process by which the western States may request the 
        relinquishment of State land grant parcels wholly or partially 
        within eligible areas and select public land in exchange for 
        the State land grant parcels.
            (2) Timing.--Except as provided in section 8(c), the 
        process established by the Secretary under this section shall 
        ensure that the relinquishment of State land grant parcels and 
        the conveyance of public land is concurrent.
    (b) Public Notice.--Prior to accepting or conveying any land under 
this Act, the Secretary shall provide public notice and an opportunity 
to comment on the proposed conveyances between the western State and 
the United States.
    (c) Environmental Analysis.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the Secretary shall acquire State land grant 
        parcels and convey public land under this Act in accordance 
        with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) other applicable laws.
            (2) Environmental assessment or environmental impact 
        statement.--In preparing an environmental assessment or 
        environmental impact statement pursuant to section 102(2) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)) for the acquisition of State land grant parcels and 
        the conveyance of public land under this Act, if the western 
        State has indicated an unwillingness to consider State land 
        grant parcels for relinquishment or public land for acquisition 
        (other than the State land grant parcels and public land 
        described in the proposed agency action), the Secretary is not 
        required to study, develop, and describe more than--
                    (A) the proposed agency action; and
                    (B) the alternative of no action.
    (d) Agreements With States.--
            (1) In general.--The Secretary is authorized to enter into 
        agreements with any of the western States to facilitate 
        processing of applications and conveyance of selected land.
            (2) Agreement.--On completion of a preapplication process 
        that includes identification of land to be conveyed, the 
        Secretary and the western State may enter into a nonbinding 
        agreement that includes--
                    (A) a time schedule for completing the conveyances;
                    (B) an assignment of responsibility for performance 
                of required functions and for costs associated with 
                processing the conveyances; and
                    (C) a statement specifying whether assumption of 
                costs will be allowed pursuant to section 8(d).
    (e) Approval or Rejection.--The Secretary--
            (1) shall issue a final determination on an application not 
        later than 3 years after the date a western State submits that 
        application to the Secretary;
            (2) may approve an application in whole or in part, or as 
        modified by the Secretary as necessary to balance the equities 
        of the States and interest of the public;
            (3) shall not accept an application under this Act for 
        selection of any parcel of public land that in the judgment of 
        the Secretary--
                    (A) is not reasonably compact and consolidated;
                    (B) will create significant management conflicts 
                with respect to the management of adjacent Federal 
                land;
                    (C) will significantly adversely affect public use 
                of a recreation site or recreation area eligible for 
                the collection of recreation fees under the Federal 
                Lands Recreation Enhancement Act (16 U.S.C. 6801 et 
                seq.) or other authority; or
                    (D) is not in the public interest;
            (4) shall not accept any State land grant parcels that, in 
        the judgment of the Secretary, are not suitable for inclusion 
        in the applicable unit described in subparagraphs (A) through 
        (G) of section 3(2) in which the land is located;
            (5) shall, prior to approving an application, consult with 
        the head of any Federal agency with jurisdiction over Federal 
        land--
                    (A) within which a western State proposes to 
                relinquish a State land grant parcel; or
                    (B) that is adjacent to public land proposed for 
                conveyance to a western State;
            (6) shall, prior to approving an application--
                    (A) consult, in accordance with Federal law, with 
                any Indian tribe affected by the subject of the 
                application, including any Indian tribe that notifies 
                the Secretary that there is traditional cultural 
                property located within the public land proposed for 
                conveyance to the western State; and
                    (B) if the Secretary determines that traditional 
                cultural property is located within the public land 
                proposed for conveyance to the western State, consider 
                the extent to which protection would be available for 
                the traditional cultural property after conveyance of 
                the public land to the western State, including terms 
                or conditions that the Secretary, with the agreement of 
                the western State, may impose on the conveyance of the 
                public land to the western State;
            (7) may reject an application in whole or in part if the 
        Secretary, after consideration of available protection for 
        traditional cultural property located within the public land 
        proposed for conveyance to the western State pursuant to 
        paragraph (6)(B), determines that insufficient protection would 
        be available for the traditional cultural property after 
        conveyance of the public land to the western State;
            (8) shall, for applications by a western State for the 
        conveyance of a parcel of public land that will result in 
        significantly diminished public access to adjacent Federal 
        land--
                    (A) reject that portion of the application; or
                    (B) reserve a right-of-way through the public land 
                to be conveyed ensuring continued public access to 
                adjacent Federal land; and
            (9) shall convey any public land approved for selection not 
        later than 1 year after entering into a final agreement between 
        the Secretary and the western State on the land to be conveyed, 
        subject to such other terms and conditions as may be 
        appropriate.
    (f) Costs.--
            (1) In general.--All costs of conveyances under this Act, 
        including appraisals, surveys, and related costs, shall be paid 
        equally by the Secretary and the western State.
            (2) Allocation.--The Federal agency that receives State 
        land in a conveyance under this Act shall assume the Federal 
        share of administrative costs, including appraisals, surveys, 
        and related costs, unless otherwise agreed to by the heads of 
        the respective agencies.
    (g) Conveyance by Western State.--
            (1) In general.--The conveyance of any State land grant 
        parcel under this Act shall--
                    (A) be by patent or deed acceptable to the 
                Secretary; and
                    (B) not be considered an exchange or acquisition 
                for purposes of sections 205 and 206 of FLPMA (43 
                U.S.C. 1715, 1716).
            (2) Concurrence.--The Secretary of Agriculture shall concur 
        in any determination to accept the conveyance of a State land 
        grant parcel within the boundaries of any unit of the National 
        Forest System.
    (h) Conveyance by United States.--The conveyance of public land by 
the United States shall--
            (1) not be considered a sale, exchange, or conveyance under 
        section 203, 206, or 209 of FLPMA (43 U.S.C. 1713, 1716, and 
        1719); and
            (2) include such terms or conditions as the Secretary may 
        require.

SEC. 6. MINERAL LAND.

    (a) Selection and Conveyance.--
            (1) In general.--Subject to this Act, a western State may 
        select, and the Secretary may convey, land that is mineral in 
        character under this Act.
            (2) Exclusion.--A western State may not select, and the 
        Secretary may not convey land that includes only--
                    (A) a portion of a mineral lease or permit;
                    (B) the Federal mineral estate, unless the United 
                States does not own the associated surface estate; or
                    (C) the Federal surface estate, unless the United 
                States does not own the associated mineral estate.
    (b) Mining Claims.--
            (1) Mining claims unaffected.--Nothing in this Act alters, 
        diminishes, or expands the existing rights of a mining claimant 
        under applicable law.
            (2) Validity exams.--Nothing in this Act requires the 
        United States to carry out a mineral examination for any mining 
        claim located on public land to be conveyed under this Act.
            (3) Withdrawal.--Public land selected by a western State 
        for acquisition under this Act is withdrawn, subject to valid 
        existing rights, from location, entry, and patent under the 
        mining laws until that date on which--
                    (A) the land is conveyed by the Federal Government 
                to the western State;
                    (B) the Secretary makes a final determination not 
                accepting the selection of the land; or
                    (C) the western State withdraws the selection of 
                the land.

SEC. 7. CONSTRUCTION WITH OTHER LAWS.

    (a) Consideration.--In the application of laws, regulations, and 
policies relating to selections made under this Act, the Secretary 
shall consider the equities of the western States and the interest of 
the public.
    (b) Land Use Plan.--The Secretary may approve an application 
submitted in accordance with this Act even if--
            (1) the selected public land is not otherwise identified 
        for disposal; or
            (2) the land to be acquired is not identified to be 
        acquired in the applicable land use plan.

SEC. 8. VALUATION.

    (a) Equal Value.--
            (1) In general.--The overall value of the State land grant 
        parcels and the public land to be conveyed shall be--
                    (A) equal; or
                    (B) if the value is not equal--
                            (i) equalized by the payment of funds to 
                        the western State or to the Secretary as the 
                        circumstances require; or
                            (ii) reflected on the balance of a ledger 
                        account established under subsection (c).
            (2) Appraisal required.--Except as provided in subsection 
        (b), the Secretary shall determine the value of a State land 
        grant parcel and public land through an appraisal completed in 
        accordance with--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) the Uniform Standards for Professional 
                Appraisal Practice.
            (3) Equalization.--For each transaction, an equalization 
        payment described in paragraph (1)(B)(i) or a ledger entry 
        described in paragraph (1)(B)(ii) may not exceed 25 percent of 
        the total value of the land or interest transferred out of 
        Federal ownership.
    (b) Low Value Parcels.--
            (1) Valuation.--The Secretary may, with the consent of a 
        western State, use a summary appraisal or statement of value 
        made by a qualified appraiser carried out in accordance with 
        the Uniform Standards for Professional Appraisal Practice 
        instead of an appraisal that complies with the Uniform 
        Appraisal Standards for Federal Land Acquisitions if the 
        western State and the Secretary agree that the market value of 
        a State land grant parcel or a parcel of public land is--
                    (A) less than $500,000; and
                    (B) less than $500 per acre.
            (2) Division.--A State land grant parcel or a parcel of 
        public land may not be artificially divided in order to qualify 
        for a summary appraisal or statement of value under paragraph 
        (1).
    (c) Ledger Accounts.--
            (1) In general.--The Secretary and any western State may 
        agree to use a ledger account to make equal the value of land 
        relinquished by the western State and conveyed by the United 
        States to the western State under this Act.
            (2) Imbalances.--A ledger account described in paragraph 
        (1) shall reflect imbalances in value to be reconciled in a 
        subsequent transaction.
            (3) Account balancing.--Each ledger account shall be--
                    (A) balanced not later than 3 years after the date 
                on which the ledger account is established; and
                    (B) closed not later than 5 years after the date of 
                the last conveyance of land under this Act.
    (d) Costs.--
            (1) In general.--The Secretary or the western State may 
        assume costs or other responsibilities or requirements for 
        conveying land under this Act that ordinarily are borne by the 
        other party.
            (2) Adjustment.--If the Secretary assumes costs or other 
        responsibilities under paragraph (1), the Secretary shall make 
        adjustments to the value of the public land conveyed to the 
        western State to compensate the Secretary for assuming the 
        costs or other responsibilities.
    (e) Adjustment.--If value is attributed to any parcel of public 
land that has been selected by a western State because of the presence 
of minerals under a lease entered into under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.) that is in a producing or producible status, 
and the lease is to be conveyed under this Act, the value of the parcel 
shall be reduced by the amount that represents the likely Federal 
revenue sharing obligation under that Act, but the adjustment shall not 
be considered as reflecting a property right of the western State.

SEC. 9. MISCELLANEOUS.

    (a) Hazardous Materials.--
            (1) In general.--The Secretary and the western States shall 
        make available for review and inspection any record relating to 
        hazardous materials on land to be conveyed under this Act.
            (2) Certification.--The Secretary and the western State 
        shall each complete an inspection and a hazardous materials 
        certification of land to be conveyed under this Act before the 
        completion of the conveyance.
    (b) Water Rights.--
            (1) State-held appurtenant water rights.--Any conveyance of 
        a State land grant parcel under this Act may include the 
        conveyance of State-held water rights appurtenant to the land 
        conveyed.
            (2) Federally held appurtenant water rights.--Any 
        conveyance of public land under this Act may include the 
        conveyance of federally held water rights appurtenant to the 
        land conveyed.
            (3) Effect.--Nothing in this Act--
                    (A) creates an implied or expressed Federal 
                reserved water right;
                    (B) affects a valid existing water right; or
                    (C) affects the use of water conveyance 
                infrastructure associated with a water right described 
                in subparagraph (B).
    (c) Grazing Permits.--
            (1) In general.--If land conveyed under this Act is subject 
        to a lease, permit, or contract for the grazing of domestic 
        livestock in effect on the date of the conveyance, the 
        Secretary (or the Secretary of Agriculture for land located 
        within the National Forest System) and the western State shall 
        allow the grazing to continue for the remainder of the term of 
        the lease, permit, or contract, subject to the related terms 
        and conditions of user agreements, including permitted stocking 
        rates, grazing fee levels, access, and ownership and use of 
        range improvements.
            (2) Renewal.--On expiration of any grazing lease, permit, 
        or contract described in paragraph (1), the party that has 
        jurisdiction over the land on the date of expiration may elect 
        to renew the lease, permit, or contract if permitted under 
        applicable law.
            (3) Cancellation.--
                    (A) In general.--Nothing in this Act prevents the 
                Secretary (or the Secretary of Agriculture for land 
                located within the National Forest System) or the 
                western State from canceling or modifying a grazing 
                permit, lease, or contract if the land subject to the 
                permit, lease, or contract is sold, conveyed, 
                transferred, or leased for nongrazing purposes.
                    (B) Limitation.--Except to the extent reasonably 
                necessary to accommodate surface operations in support 
                of mineral development, the Secretary (or the Secretary 
                of Agriculture for land located within the National 
                Forest System) or the western State shall not cancel or 
                modify a grazing permit, lease, or contract for land 
                conveyed pursuant to this Act because the land subject 
                to the permit, lease, or contract has been leased for 
                mineral development.
            (4) Base properties.--If land conveyed by the western State 
        under this Act is used by a grazing permittee or lessee to meet 
        the base property requirements for a Federal grazing permit or 
        lease, the land shall continue to qualify as a base property 
        for the remaining term of the lease or permit and the term of 
        any renewal or extension of the lease or permit.
            (5) Range improvements.--Nothing in this Act prohibits a 
        holder of a grazing lease, permit, or contract from being 
        compensated for range improvements pursuant to the terms of the 
        the lease, permit, or contract under existing Federal or State 
        laws.
    (d) Protection of Indian Rights.--
            (1) Treaty rights.--Nothing in this Act alters or 
        diminishes the treaty rights of any Indian tribe.
            (2) Land held in trust.--Nothing in this Act affects--
                    (A) land held in trust by the Secretary for any 
                Indian tribe; or
                    (B) any individual Indian allotment.
            (3) Effect.--Nothing in this Act alters, diminishes, or 
        enlarges the application of--
                    (A) division A of subtitle III of title 54, United 
                States Code (formerly known as the ``National Historic 
                Preservation Act'' (16 U.S.C. 470 et seq.));
                    (B) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (C) Public Law 95-341 (commonly known as the 
                ``American Indian Religious Freedom Act'') (42 U.S.C. 
                1996);
                    (D) chapter 3125 of title 54, United States Code; 
                or
                    (E) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.).

SEC. 10. ADMINISTRATION.

    Nothing in this Act repeals or limits, expressly or by implication, 
any authority in existence on the date of enactment of this Act for the 
selection or exchange of land.

SEC. 11. TERMINATION OF AUTHORITY.

    (a) In General.--Subject to subsection (b), the provisions of this 
Act shall cease to be effective with regard to any State land grant 
parcel located within an eligible area for which an application has not 
been filed by the date that is 20 years after the date of the enactment 
of this Act.
    (b) New Eligible Areas.--If the application described in subsection 
(a) is for a State land grant parcel that is located within an eligible 
area established after the date of enactment of this Act, the 
provisions of this Act shall remain effective for 20 years after the 
date on which the new eligible area is established.
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