118 HR 10089 IH: No Net Gain in Federal Lands Act of 2024 U.S. House of Representatives 2024-11-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 10089IN THE HOUSE OF REPRESENTATIVESNovember 1, 2024Ms. Hageman 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 concernedA BILLTo ensure that there is no net gain in Federal land ownership in any fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the No Net Gain in Federal Lands Act of 2024.

2.

No net gain in certain federal land ownership

(a)

No net gain

(1)

In general

The number of acres of land, water, and interests therein acquired by the United States and put under the administrative jurisdiction of the Secretary of the Interior or the Secretary of Agriculture in a State during a fiscal year may not exceed the number of acres of Federal land under the administrative jurisdiction of the Secretary of the Interior or the Secretary of Agriculture disposed of in that State during that fiscal year.(2)

Application

In applying paragraph (1)—(A)only the disposal of fee title to lands or waters may be counted against acquisition of fee title to lands or waters; and(B)only disposal of interests in lands or waters of less than fee may be counted against acquisition of comparable interests in lands or waters of less than fee.(b)

Annual inventory; determination, report

(1)

Inventory

The Secretary shall complete an annual inventory of the total number of acres of Federal land, categorized according to the type of interest (such as fee, easement, mineral interest, etc.), under the administrative jurisdiction of each agency of the Department of the Interior or the Department of Agriculture, as the case may be—(A)in each State; and(B)in the aggregate.(2)

Determination

Based on the inventory required by subparagraph (A), the Secretary shall make an annual determination of the increase or decrease in the previous fiscal year of the total number of acres of Federal land, categorized according to the type of interest (such as fee, easement, mineral interest), under the administrative jurisdiction of—(A)each agency of the Department of the Interior or the Department of Agriculture, as the case may be; and(B)the Department of the Interior, in total, and the Department of Agriculture, in total, as the case may be.(3)

Report

Not later than September 30 of each year, the Secretary shall submit to the President and Congress a report containing the inventory and determination required under this subsection.(c)

Compliance land disposal

(1)

In general

Not later than 24 months after the Secretary determines under subsection (b) that the Federal Government acquired more new Federal land under the administrative jurisdiction of that Secretary in a State than it disposed of in that State during a fiscal year, the President shall convey to that State sufficient Federal land under the administrative jurisdiction of that Secretary to comply with subsection (a) for that fiscal year. (2)

No Major Federal Action

A conveyance under paragraph (1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (d)

Definitions

For the purposes of this Act, the following definitions apply:(1)

Federal land

The term Federal land—(A)means Federal lands, waters, and interests therein, including lands held in trust by the Federal Government (except as provided in subparagraph (C));(B)includes non-Federal land that is—(i)leased by the Federal Government;(ii)held as a conservation easement by the Federal Government; or(iii)requires oversight by, involvement in, or other authority is exercised by the Federal Government to an extent that prohibits use of the non-Federal land that is not specifically authorized by the Federal Government; and(C)does not include land, water, and interests therein—(i)held by an Indian Tribe or individual Indian subject to a restriction by the Federal Government against alienation;(ii)acquired pursuant to a foreclosure under title 18, United States Code;(iii)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 such capacity pending disposal;(iv)that has reverted to the Federal Government pursuant to a reversionary clause in a deed or statute;(v)subject to seizure, levy, or lien under the Internal Revenue Code of 1986; or(vi)securing a debt owed to the United States.(2)

Secretary

The term Secretary means—(A)the Secretary of Agriculture with regard to the Federal land under the administrative jurisdiction of that Secretary; and(B)the Secretary of the Interior with regard to Federal land under the administrative jurisdiction of that Secretary.(3)

State

The term State means the several States and the District of Columbia.