[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5607-H5611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ADVANCING CONSERVATION AND EDUCATION ACT

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 4257) to maximize land management efficiencies, promote 
land conservation, generate education funding, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4257

       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''.

     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 determined by the Bureau of Land Management, 
     through an inventory carried out in accordance with FLPMA, to 
     have wilderness characteristics--
       (i) as of the date of enactment of this Act; or
       (ii) 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

[[Page H5608]]

     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;
       (v) is within the boundary of an Indian reservation, 
     pueblo, or rancheria; or
       (vi) is within a special recreation management area.
       (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;
       (D) will significantly adversely affect public access, 
     hunting, fishing, recreational shooting, outdoor recreation, 
     or result in adverse impacts to critical fish and wildlife 
     habitat; or
       (E) is not in the public interest, as determined under 43 
     Code of Federal Regulations 2200.0-6(b), as in effect on the 
     date of enactment of this Act;
       (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.

[[Page H5609]]

       (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 in accordance with applicable law.
       (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 in accordance with applicable Federal and State 
     law.
       (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 lease, permit, or contract under existing Federal or 
     State laws.
       (d) Road Rights-of-Ways.--
       (1) In general.--If land conveyed under this Act is subject 
     to a road lease, road right-of-way, road easement, or other 
     valid existing right 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 lease, right-of-way, easement, or other 
     valid existing right to continue for the remainder of the 
     term of the lease, right-of-way, easement, or other valid 
     existing right, subject to the applicable terms and 
     conditions of the lease, right-of-way, easement, or other 
     valid existing right.
       (2) Renewal.--On expiration of any road lease, road right-
     of-way, road easement, or other valid existing right 
     described in paragraph (1), the party that has jurisdiction 
     over the land on the date of expiration may elect to renew 
     the

[[Page H5610]]

     lease, right-of-way, easement, or other valid existing right 
     if permitted under applicable law.
       (e) 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. EFFECT.

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from Maryland (Mr. Brown) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Utah (Mr. Stewart).
  Mr. STEWART. Mr. Speaker, as you know--I think everyone knows this 
much--much of the land in the Western States is controlled by whom? The 
Federal Government.
  In my own home State of Utah, about two-thirds of the land is owned 
and controlled by the Federal Government. Because States cannot tax 
this Federal Government land, it means that about two-thirds of the 
land in Utah cannot be taxed.
  This, as you can imagine, presents enormous challenges for Western 
States when they are trying to raise sufficient funds for things like 
public education.
  Recognizing this challenge, Congress made sizable land grants to the 
Western States, but it was based on the condition that granted lands be 
held in trust and used to generate revenue for education and other 
worthy causes.
  Since the time State lands trust grants were made, large areas of the 
West have been designated for Federal protection. This has resulted in 
these trust lands being encapsulated inside federally protected lands, 
creating land management conflicts that are just enormous and very 
difficult to overcome.
  Once again, the end result is that you have reduced revenues for our 
children in Utah, and we have a challenge finding sufficient revenue to 
educate them. It is clearly in the best interest of States and the 
Federal Government to transfer ownership of some of these trust lands 
to the Federal Government in exchange for less sensitive and revenue-
generating lands transferred to the State.
  This truly is bipartisan, a win-win, and not difficult to see that 
everyone is better off by this. Land exchanges between States and the 
Federal Government have become very expensive and time-consuming. That 
is why my bill advancing conservation and education creates a 
streamlined mechanism for transfer of lands between States and the 
Federal Government.
  As I said, this bill truly is a win-win, and it proves to the people 
on all sides that we can come together and that we can solve some of 
these very complex land issues.
  So, again, I want to thank my friend from Colorado (Mr. Polis) for 
working with me on this important legislation. I would also like to 
thank the Wilderness Society, SITLA, and others who have worked to make 
this possible.
  If you are a conservationist, if you are an educator, if you are a 
legislator on either side of the aisle, this is something that most of 
us agree is helpful and positive for the Federal Government and also 
for the children in Utah.
  Mr. BROWN of Maryland. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4257 creates a process to expedite land exchanges 
between the Federal Government and State land grant agencies.
  Currently, the primary method of eliminating State trust lands from 
conservation areas has been through legislative land exchanges, which 
can be time-consuming and complicated. This bipartisan bill, introduced 
by Representatives Stewart and Polis, offers a new way to speed up the 
process of removing State lands from Federal conservation areas.
  H.R. 4257 could incentivize State land agencies to be good partners 
and supporters of additional conservation legislation by removing an 
important barrier to new conservation designations and improving the 
management of existing conservation areas.
  Mr. Speaker, I support passage of this bill, and I reserve the 
balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I include in the Record additional 
background that is necessary for this particular bill.

Background and Need for H.R. 4257, Advancing Conservation and Education 
                                  Act

       The Advancing Conservation and Education (ACE) Act is based 
     on existing provisions in western State enabling acts 
     allowing States to select replacement lands in lieu of State 
     school grants that were not completed by the United States.
       Congress granted most of the western States land to be held 
     in trust by the States and used to support public education 
     and other public purposes. Many of these State trust lands 
     parcels are in a ``checkerboard'' pattern inside federal 
     areas managed for conservation, such as national parks and 
     monuments, national wildlife refuges, wilderness study areas, 
     and areas of critical environmental concern. The 
     intermingling of land ownership creates significant problems 
     for both federal land managers and the States, since the 
     latter are required to manage State trust lands to provide 
     revenue for public education. Through its land use planning 
     process, the Bureau of Land Management
       (BLM) identifies lands that are difficult or uneconomic to 
     manage, such as ``checkerboard'' areas.
       H.R. 4257 will help meet the goal of rationalizing land 
     ownership in the west by creating an additional authority for 
     the United States to acquire State lands in federal 
     conservation areas, and compensating the States with equal-
     value replacement federal lands within the State. The current 
     process where interested parties bring land exchanges to 
     Congress on a case-by-case basis is time-consuming and 
     cumbersome, and existing administrative land exchange 
     authorities are equally challenging.
       The bipartisan proposal expands existing authority (43 
     U.S.C. 851-852), that allows western States to select federal 
     lands ``in lieu'' of lands lost to the States when original 
     statehood land grants were not completed. It would allow 
     States with lands located in federal conservation areas to 
     deed back those lands to the United States, and select 
     replacement lands of equivalent value from the unappropriated 
     federal public lands within that State. Many of the 
     provisions of the proposal incorporate existing BLM 
     administrative provisions for in-lieu selections, including 
     land valuation, and compliance with BLM land use plans. It 
     would not replace the land exchange process, but rather 
     provide an alternative mechanism for State-federal land 
     transfers.
       Further, H.R. 4257 also directs the Department of the 
     Interior to create a process for the relinquishment of the 
     parcels and sets forth requirements regarding hazardous 
     materials on land conveyed, water rights, grazing permits, 
     road rights-of ways, and other valid existing rights.
       The Western States Land Commissioners Association (WSLCA), 
     a bipartisan organization of 21 State agencies responsible 
     for managing more than 500 million acres of public and school 
     trust land, has proposed a legislative solution to provide a 
     mechanism for the United States to acquire lands owned by the 
     western States and located inside federal conservation areas, 
     while fairly compensating the States for those lands by 
     granting them the right to select replacement lands of 
     equivalent value from the public domain. The WSLCA proposal 
     has had substantial

[[Page H5611]]

     input from western States and the conservation community. 
     Previous iterations of the proposed bill have also been 
     supported by conservations groups such as the Wilderness 
     Society. H.R. 4257 is based on this proposal.
       H.R. 4257 would provide a useful tool for federal and State 
     land managers to make their respective landholdings more 
     rational, for the benefit of both sound land management and 
     public education funding.
       A companion bill, S. 2078, has been introduced in the 
     Senate. The policy provisions set forth in H.R. 4257 have 
     enjoyed bipartisan support in the House and Senate in the 
     114th and 113th sessions..


              MAJOR PROVISIONS SECTION-BY-SECTION ANALYSIS

       Sec. 4. Relinquishment of State Land Grant Parcels and 
     Selection of Replacement Land.
       Expands existing authority for western States to relinquish 
     State trust lands wholly or primarily within eligible federal 
     areas managed for conservation.
       Clarifies that land conveyed under this authority remains 
     subject to valid existing rights.
       Stipulates that relinquished lands shall be managed by the 
     land agency responsible for the conservation area that the 
     land is being added to.
       Requires western States' authority to use this alternative 
     authority in priority areas before applying to relinquish 
     State land in other eligible areas. However, the Secretary of 
     the Interior can waive this requirement if it is determined 
     that the relinquishment of parcels located in the priority 
     areas is impractical or infeasible.
       Further waives the priority requirement if an application 
     for relinquishment is limited to a single eligible area, and 
     it is further determined that substantial progress is being 
     made by the State to relinquish priority parcels. This 
     exemption can only occur once every five years.
       Sec. 5. Process.
       Requires the Secretary of the Interior to establish a 
     process within 540 days for western States to request 
     relinquishment of eligible State parcels and to select 
     federal land in exchange.
       Requires the land exchanges to be concurrent.
       Requires public notice and an opportunity to comment on 
     proposed conveyances between the western State and the United 
     States.
       Requires the land exchanges to be done in accordance with 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and other applicable laws.
       Permits the Secretary to enter into agreements with any of 
     the western States to facilitate processing of applications 
     and conveyance of land.
       Requires the Secretary to issue a final determination on an 
     application within 3 years after submission.
       Prohibits the Secretary from accepting an application for 
     the selection of federal land if it is determined that the 
     selection is not reasonably compact and consolidated, if it 
     will create significant management conflicts, if it will 
     adversely affect federal use or a recreation site, or if the 
     selection is not in the public interest.
       Requires consultation with the head of the appropriate 
     federal land agency before approving any conveyance of 
     federal land.
       Requires consultation with any Indian tribe affected by the 
     land conveyance, including any tribe which notifies the 
     Secretary that there is traditional cultural property located 
     within the federal land proposed for conveyance to the 
     western State.
       Stipulates the costs of conveyance shall be shared equally 
     by the Secretary and the western State.
       Sec. 6. Mineral Land.
       Permits western States to select federal land that is 
     mineral in character.
       Excludes mineral land that only includes a portion of a 
     mineral lease or permit, land that is part of the federal 
     mineral estate (unless the United States does not own the 
     associated surface estate), or land that is part of federal 
     surface estate (unless the United States does not own the 
     associated mineral estate).
       Clarifies that nothing in this Act shall affect existing 
     mining claims.
       Sec. 7. Construction with Other Laws.
       Requires the Secretary to consider the equities of the 
     western States and interest of the public in the application 
     of this Act.
       Sec. 8. Valuation.
       Requires the overall value of the State trust parcels and 
     the federal land conveyed to be equal, and if not equal to be 
     equalized by a payment of funds.
       Sec. 9. Miscellaneous.
       Requires the Secretary and the western State make available 
     for review any record relating to hazardous materials on the 
     land to be conveyed.
       Allows State or federal water rights to be included in the 
     conveyance of land.
       Clarifies that nothing in this Act creates an implied or 
     expressed federal reserved water right, affects a valid 
     existing water right, or affects the use of water conveyance 
     infrastructure.
       Stipulates that existing grazing rights must be honored for 
     the remainder of the term of lease, permit, or contract. 
     After this duration, the party who has jurisdiction over the 
     land may elect to renew the lease, permit or contract.
       Clarifies that nothing in this Act prevents the Secretary 
     or State from cancelling or modifying a grazing permit, lease 
     or contract if the land is sold, conveyed, transferred or 
     leased for nongrazing purposes.
       Restricts cancellation of grazing permits except to the 
     extent reasonably necessary to accommodate surface operations 
     in support of mineral development.
       Stipulates that existing road lease, road right-of-way, 
     road easement, or other valid existing right must be honored 
     for the remainder of the term of lease, permit, or contract. 
     After this duration, the party who has jurisdiction over the 
     land may elect to renew the lease, permit or contract.
       Clarifies that nothing in this Act alters or diminishes the 
     treaty rights of any Indian tribe.
       Sec. 10 Effect.
       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.
       The authority provided by this Act will expire 20 years 
     after enactment.

  Mr. BISHOP of Utah. Mr. Speaker, let me also say that, as a former 
teacher and a future teacher, I appreciate Mr. Stewart actually working 
on this piece of legislation that goes to help education in the State 
of Utah. No one else is doing that.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Maryland. Mr. Speaker, I yield back the balance of my 
time.
  Mr. BISHOP of Utah. Mr. Speaker, I urge a ``yes'' vote, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Bishop) that the House suspend the rules and 
pass the bill, H.R. 4257, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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