[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
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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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