[Congressional Record Volume 149, Number 69 (Friday, May 9, 2003)]
[Senate]
[Pages S6001-S6002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS (for himself, Mr. Enzi, Mr. Craig, Mr. Stevens, and 
        Mr. Burns):
  S. 1038. 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; to the Committee on Energy and 
Natural Resources.
  Mr. THOMAS. Mr. President, I rise to introduce the ``No-Net-Loss of 
Private Lands Act.'' This legislation is a common sense proposal which 
will limit additional Federal land acquisition in the public land 
States.
  Throughout our country, the Federal Government continues to acquire 
greater amounts of land. It is time to stop the growth of the Federal 
Government and begin to protect private property.
  This is especially true for those of us living in the West. Roughly 
50 percent of the land in my home State of Wyoming is owned by the 
Federal Government. Many other western States have an even higher 
percentage of Federal ownership, including Nevada and Alaska that have 
over 80 percent of their surface land owned by the Federal Government.
  Unfortunately, the Federal Government has not always been a good 
neighbor to the people of the West. The Federal land management 
agencies continue to acquire vast amounts of land and restrict access 
to these areas for multiple use purposes. This creates great hardship 
for local communities, destroying jobs and depressing the economy in 
many areas around the West.
  The time has come to curb the Federal Government's insatiable 
appetite for additional land in the United States. The ``No-Net-Loss of 
Private Lands Act'' is a reasonable approach to stopping the ever-
increasing growth of Federal land ownership. This measure requires the 
Federal Government to release an equal value of land when it acquires 
property in States which are at least 25 percent federally-owned. 
Property would be released at the time of the new acquisition, and land 
disposal would not necessarily have to come from the same agency making 
the acquisition. In addition, the legislation includes a provision 
waving the disposal requirement in time of war or national emergency.
  During my time in Congress, I have worked extensively to protect 
unique public lands such as national parks and other special areas. 
This legislation would do nothing to limit our ability to acquire more 
of these pristine and special areas in the future. Unfortunately, the 
Federal Government's quest for more land has included too many areas 
that do not contribute to our natural resource heritage. Rather, 
acquisitions often simply lock-up areas that should remain private and 
productive.
  It is time for Congress to protect the rights of private property 
owners and instill some restraint in Federal land acquisitions. The 
``No-Net-Loss of Private Lands Act'' is a reasonable proposal that will 
provide this much needed discipline.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S6002]]

                                S. 1038

       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 ``No Net Loss of Private Land 
     Act''.

     SEC. 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.
       (e) 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.

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