[House Report 115-625]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      115-625

======================================================================



 
   FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION OF 2018

                                _______
                                

 April 9, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 5133]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5133) to reauthorize the Federal Land 
Transaction Facilitation Act, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Federal Land Transaction Facilitation 
Act Reauthorization of 2018''.

SEC. 2. FEDERAL LAND TRANSACTION FACILITATION ACT.

  The Federal Land Transaction Facilitation Act is amended--
          (1) in section 203(1) (43 U.S.C. 2302(1)), by striking 
        ``cultural, or'' and inserting ``cultural, recreational access 
        and use, or other'';
          (2) in section 203(2) (43 U.S.C. 2302(2))--
                  (A) in the matter preceding subparagraph (A), by 
                striking ``on the date of enactment of this Act was'' 
                and inserting ``is'';
                  (B) by amending subparagraph (A) to read as follows:
                  ``(A) a national monument, area of critical 
                environmental concern, national conservation area, 
                national riparian conservation area, national 
                recreation area, national scenic area, research natural 
                area, national outstanding natural area, priority 
                species and habitats designated in a land use plan in 
                accordance with subpart E (entitled ``Fish and 
                Wildlife'') of part I of Appendix C of Bureau of Land 
                Management Land Use Planning Handbook H-1601-1 (Rel 1-
                1693), a special recreation management area, or a 
                national natural landmark managed by the Bureau of Land 
                Management;''; and
                  (C) by amending subparagraph (D) to read as follows:
                  ``(D) a National Forest or National Grassland in the 
                National Forest System; or'';
          (3) in section 203 (43 U.S.C. 2302), by inserting the 
        following paragraph after section 203(2) (and redesignating the 
        following paragraphs accordingly):
          ``(3) Inaccessible lands that are open to public hunting, 
        fishing, recreational shooting, or other recreational 
        purposes.--The term `inaccessible lands that are open to public 
        hunting, fishing, recreational shooting, or other recreational 
        purposes' means public lands in Alaska and the eleven 
        contiguous Western States (as defined in section 103 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1702)) consisting of at least 640 contiguous acres on which the 
        public is allowed under Federal or State law to hunt, fish, 
        target shoot or use the land for other recreational purposes 
        but--
                  ``(A) to which there is no public access or egress; 
                or
                  ``(B) to which public access or egress to the land is 
                significantly restricted, as determined by the 
                Secretary.''; and
          (4) in section 205 (43 U.S.C. 2304)--
                  (A) in subsection (a), by striking ``section 206'' 
                and all that follows through the period and inserting 
                the following: ``section 206--
          ``(1) to complete appraisals and satisfy other legal 
        requirements for the sale or exchange of public land identified 
        for disposal under approved land use plans under section 202 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1712);
          ``(2) not later than 180 days after the date of the enactment 
        of the Federal Land Transaction Facilitation Act 
        Reauthorization of 2018, to establish and make available to the 
        public, on the website of the Department of the Interior, a 
        database containing a comprehensive list of all the land 
        referred to in paragraph (1); and
          ``(3) to maintain the database referred to in paragraph 
        (2).''; and
                  (B) by striking subsection (d);
          (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
                  (A) in subparagraph(A)(i), by striking ``inholdings; 
                and'' and inserting ``inholdings;'';
                  (B) in subparagraph (A)(ii), by striking 
                ``exceptional resources.'' and inserting ``exceptional 
                resources; or'';
                  (C) in subparagraph (A), by inserting after clause 
                (ii), ``(iii) adjacent to inaccessible lands open to 
                public hunting, fishing, recreational shooting, or 
                other recreational purposes.''; and
                  (D) by adding at the end the following:
                  ``(E) Any funds made available under subparagraph (D) 
                that are not obligated or expended by the end of the 
                fourth full fiscal year after the date of the sale or 
                exchange of land that generated the funds may be 
                expended in any State.'';
          (6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
                  (A) by inserting after subparagraph (A) the 
                following:
                  ``(B) the extent to which the acquisition of the land 
                or interest therein will increase the public 
                availability of resources for, and facilitate public 
                access to, hunting, fishing, and other recreational 
                activities;''; and
                  (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D);
          (7) by striking section 206(f) (43 U.S.C. 2305(f)); and
          (8) in section 207(b) (43 U.S.C. 2306(b))--
                  (A) in paragraph (1)--
                          (i) by striking ``96-568'' and inserting 
                        ``96-586''; and
                          (ii) by striking ``; or'' and inserting a 
                        semicolon;
                  (B) in paragraph (2)--
                          (i) by inserting ``Public Law 105-263;'' 
                        before ``112 Stat.''; and
                          (ii) by striking the period at the end and 
                        inserting a semicolon; and
                  (C) by adding at the end the following:
          ``(3) the White Pine County Conservation, Recreation, and 
        Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
          ``(4) the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
          ``(5) subtitle F of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
        11);
          ``(6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
        Public Law 111-11);
          ``(7) section 2601 of the Omnibus Public Land Management Act 
        of 2009 (Public Law 111-11; 123 Stat. 1108); or
          ``(8) section 2606 of the Omnibus Public Land Management Act 
        of 2009 (Public Law 111-11; 123 Stat. 1121).''.

                          Purpose of the Bill

    The purpose of H.R. 5133 is to reauthorize the Federal Land 
Transaction Facilitation Act.

                  Background and Need for Legislation

    The Federal Land Transaction Facilitation Act (FLTFA, 43 
U.S.C. 2301 et seq.) established a self-funded federal program 
that, for more than a decade, facilitated strategic federal 
land sales by the Bureau of Land Management (BLM) to provide 
funding for high-priority land acquisition. FLTFA funds BLM, 
U.S. Forest Service (USFS), National Park Service (NPS), and 
U.S. Fish and Wildlife Service (USFWS) land conservation 
projects that increase public access for outdoor recreation, 
hunting, and fishing as well as conservation of wildlife 
habitat. Funds are also used to protect water quality and 
preserve historic and cultural resources. FLTFA has resulted in 
a net reduction of the federal land estate by a 3 to 2 
ratio.\1\
---------------------------------------------------------------------------
    \1\The Conservation Fund, https://www.conservationfund.org/our-
work/conservation-fund-partnerships/conservation-policy/fltfa (accessed 
2/19/18).
---------------------------------------------------------------------------
    FLTFA was enacted in 2000 and expired in 2011. Under FLTFA, 
revenue generated through the BLM's land disposal process 
provided funding for high-priority land conservation. Land sale 
revenue is distributed in the following manner: 4% to the State 
in which the land is sold and 96% to the Federal Land Disposal 
Account. Of the funds acquired under FLTFA, 80% are required to 
be used for land acquisitions within the State in which funds 
were received, and 20% are to be used for land acquisitions in 
any of the other ten contiguous Western States or Alaska.
    For use of the land acquisition funds, nominations are 
submitted to BLM, and an interagency team (BLM, USFS, NPS and 
USFWS) evaluates and ranks proposals. A 2003 Interagency MOU 
recommended the distribution of land acquisition funds as 
follows: 60% for BLM, 20% for USFS; 10% for USFWS, and 10% for 
NPS. Approvals from the Secretaries of the Interior and 
Agriculture are required to authorize the funding.\2\
---------------------------------------------------------------------------
    \2\Ibid.
---------------------------------------------------------------------------
    FLTFA's implementation between 2000-2011 resulted in BLM 
selling 27,249 acres of low-priority lands and federal agencies 
acquiring 18,093 acres of high-priority lands.\3\ These 
transactions allowed ranchers and farmers to expand operations 
by purchasing BLM lands adjacent to their properties. 
Additionally, BLM sold lands with timber interests, to real 
estate companies, community colleges, landfills, etc. Completed 
FLTFA land conservation projects have included river frontage 
for fly-fishing access at North Platte River Special Recreation 
Management Area, big-game winter habitat at Elk Springs Area of 
Critical Environmental Concern in New Mexico, and historic 
preservation at Canyons of the Ancients National Monument in 
Colorado.\4\
---------------------------------------------------------------------------
    \3\Email from legislative affairs staff, Bureau of Management, to 
majority House Natural Resources Committee Staff (February 28, 2018, 
3:23pm) (on file with the Committee).
    \4\The Conservation Fund, https://www.conservationfund.org/our-
work/conservation-fund-partnerships/conservation-policy/fltfa (accessed 
3/19/18).
---------------------------------------------------------------------------
    H.R. 5133 permanently authorizes FLTFA. It also amends 
FLTFA to place an emphasis on wildlife-dependent recreation in 
support of sportsmen and women in land acquisitions under the 
law. It requires BLM to create and maintain a publicly-
available database of all lands available for disposal. 
Finally, it creates additional flexibility to more effectively 
and efficiently fund conservation in the Western States.

                            Committee Action

    H.R. 5133 was introduced on March 1, 2018, by Congressman 
Rob Bishop (R-UT). The bill was referred to the Committee on 
Natural Resources. On March 7, 2018, the Natural Resources 
Committee met to consider the bill. Congressman Rob Bishop 
offered an amendment designated #1; it was adopted by unanimous 
consent. No additional amendments were offered and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 5, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5133, the Federal 
Land Transaction Facilitation Act Reauthorization of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 5133--Federal Land Transaction Facilitation Act Reauthorization of 
        2018

    CBO estimates that enacting H.R. 5133 would not affect the 
federal budget because H.R. 1625, the Consolidated 
Appropriations Act, 2018 (Public Law 115-141), which contained 
provisions similar to those in H.R. 5133, was enacted on March 
23, 2018.
    Because enacting H.R. 5133 would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5133 also would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2028.
    H.R. 5133 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Federal Land 
Transaction Facilitation Act.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

FEDERAL LAND TRANSACTION FACILITATION ACT

           *       *       *       *       *       *       *



TITLE II--FEDERAL LAND TRANSACTION FACILITATION

           *       *       *       *       *       *       *


SEC. 203. DEFINITIONS.

  In this title:
          (1) Exceptional resource.--The term ``exceptional 
        resource'' means a resource of scientific, natural, 
        historic, [cultural, or] cultural, recreational access 
        and use, or other recreational value that has been 
        documented by a Federal, State, or local governmental 
        authority, and for which there is a compelling need for 
        conservation and protection under the jurisdiction of a 
        Federal agency in order to maintain the resource for 
        the benefit of the public.
          (2) Federally designated area.--The term ``federally 
        designated area'' means land in Alaska and the eleven 
        contiguous Western States (as defined in section 103(o) 
        of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1702(o))) that [on the date of enactment of 
        this Act was] is within the boundary of--
                  [(A) a national monument, area of critical 
                environmental concern, national conservation 
                area, national riparian conservation area, 
                national recreation area, national scenic area, 
                research natural area, national outstanding 
                natural area, or a national natural landmark 
                managed by the Bureau of Land Management;]
                  (A) a national monument, area of critical 
                environmental concern, national conservation 
                area, national riparian conservation area, 
                national recreation area, national scenic area, 
                research natural area, national outstanding 
                natural area, priority species and habitats 
                designated in a land use plan in accordance 
                with subpart E (entitled ``Fish and Wildlife'') 
                of part I of Appendix C of Bureau of Land 
                Management Land Use Planning Handbook H-1601-1 
                (Rel 1-1693), a special recreation management 
                area, or a national natural landmark managed by 
                the Bureau of Land Management;
                  (B) a unit of the National Park System;
                  (C) a unit of the National Wildlife Refuge 
                System;
                  [(D) an area of the National Forest System 
                designated for special management by an Act of 
                Congress; or]
                  (D) a National Forest or National Grassland 
                in the National Forest System; or
                  (E) an area within which the Secretary or the 
                Secretary of Agriculture is otherwise 
                authorized by law to acquire lands or interests 
                therein that is designated as--
                          (i) wilderness under the Wilderness 
                        Act (16 U.S.C. 1131 et seq.);
                          (ii) a wilderness study area;
                          (iii) a component of the Wild and 
                        Scenic Rivers System under the Wild and 
                        Scenic Rivers Act (16 U.S.C. 1271 et 
                        seq.); or
                          (iv) a component of the National 
                        Trails System under the National Trails 
                        System Act (16 U.S.C. 1241 et seq.).
          (3) Inaccessible lands that are open to public 
        hunting, fishing, recreational shooting, or other 
        recreational purposes.--The term ``inaccessible lands 
        that are open to public hunting, fishing, recreational 
        shooting, or other recreational purposes'' means public 
        lands in Alaska and the eleven contiguous Western 
        States (as defined in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702)) 
        consisting of at least 640 contiguous acres on which 
        the public is allowed under Federal or State law to 
        hunt, fish, target shoot or use the land for other 
        recreational purposes but--
                  (A) to which there is no public access or 
                egress; or
                  (B) to which public access or egress to the 
                land is significantly restricted, as determined 
                by the Secretary.
          [(3)] (4) Inholding.--The term ``inholding'' means 
        any right, title, or interest, held by a non-Federal 
        entity, in or to a tract of land that lies within the 
        boundary of a federally designated area.
          [(4)] (5) Public land.--The term ``public land'' 
        means public lands (as defined in section 103 of the 
        Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1702)).
          [(5)] (6) Secretary.--The term ``Secretary'' means 
        the Secretary of the Interior.

           *       *       *       *       *       *       *


SEC. 205. DISPOSAL OF PUBLIC LAND.

  (a) In General.--The Secretary shall establish a program, 
using funds made available under [section 206, to complete 
appraisals and satisfy other legal requirements for the sale or 
exchange of public land identified for disposal under approved 
land use plans (as in effect on the date of enactment of this 
Act) under section 202 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712).] section 206--
          (1) to complete appraisals and satisfy other legal 
        requirements for the sale or exchange of public land 
        identified for disposal under approved land use plans 
        under section 202 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1712); 
          (2) not later than 180 days after the date of the 
        enactment of the Federal Land Transaction Facilitation 
        Act Reauthorization of 2018, to establish and make 
        available to the public, on the website of the 
        Department of the Interior, a database containing a 
        comprehensive list of all the land referred to in 
        paragraph (1); and 
          (3) to maintain the database referred to in paragraph 
        (2). 
  (b) Sale of Public Land.--
          (1) In general.--The sale of public land so 
        identified shall be conducted in accordance with 
        sections 203 and 209 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1713, 1719).
          (2) Exceptions to competitive bidding requirements.--
        The exceptions to competitive bidding requirements 
        under section 203(f) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1713(f)) shall apply 
        to this section in cases in which the Secretary 
        determines it to be necessary.
  (c) Report in Public Land Statistics.--The Secretary shall 
provide in the annual publication of Public Land Statistics, a 
report of activities under this section.
  [(d) Termination of Authority.--The authority provided under 
this section shall terminate 11 years after the date of 
enactment of this Act.]

SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

  (a) Deposit of Proceeds.--Notwithstanding any other law 
(except a law that specifically provides for a proportion of 
the proceeds to be distributed to any trust funds of any 
States), the gross proceeds of the sale or exchange of public 
land under this Act shall be deposited in a separate account in 
the Treasury of the United States to be known as the ``Federal 
Land Disposal Account''.
  (b) Availability.--Amounts in the Federal Land Disposal 
Account shall be available to the Secretary and the Secretary 
of Agriculture, without further Act of appropriation, to carry 
out this title.
  (c) Use of the Federal Land Disposal Account.--
          (1) In general.--Funds in the Federal Land Disposal 
        Account shall be expended in accordance with this 
        subsection.
          (2) Fund allocation.--
                  (A) Purchase of land.--Except as authorized 
                under subparagraph (C), funds shall be used to 
                purchase lands or interests therein that are 
                otherwise authorized by law to be acquired, and 
                that are--
                          (i) [inholdings; and] inholdings;
                          (ii) adjacent to federally designated 
                        areas and contain [exceptional 
                        resources.] exceptional resources; or
                          (iii) adjacent to inaccessible lands 
                        open to public hunting, fishing, 
                        recreational shooting, or other 
                        recreational purposes.
                  (B) Inholdings.--Not less than 80 percent of 
                the funds allocated for the purchase of land 
                within each State shall be used to acquire 
                inholdings identified under section 204.
                  (C) Administrative and other expenses.--An 
                amount not to exceed 20 percent of the funds 
                deposited in the Federal Land Disposal Account 
                may be used by the Secretary for administrative 
                and other expenses necessary to carry out the 
                land disposal program under section 205.
                  (D) Same state purchases.--Of the amounts not 
                used under subparagraph (C), not less than 80 
                percent shall be expended within the State in 
                which the funds were generated. Any remaining 
                funds may be expended in any other State.
                  (E) Any funds made available under 
                subparagraph (D) that are not obligated or 
                expended by the end of the fourth full fiscal 
                year after the date of the sale or exchange of 
                land that generated the funds may be expended 
                in any State.
          (3) Priority.--The Secretary and the Secretary of 
        Agriculture shall develop a procedure for prioritizing 
        the acquisition of inholdings and non-Federal lands 
        with exceptional resources as provided in paragraph 
        (2). Such procedure shall consider--
                  (A) the date the inholding was established 
                (as provided in section 204(c));
                  (B) the extent to which the acquisition of 
                the land or interest therein will increase the 
                public availability of resources for, and 
                facilitate public access to, hunting, fishing, 
                and other recreational activities;
                  [(B)] (C) the extent to which acquisition of 
                the land or interest therein will facilitate 
                management efficiency; and
                  [(C)] (D) such other criteria as the 
                Secretary and the Secretary of Agriculture deem 
                appropriate.
          (4) Basis of sale.--Any land acquired under this 
        section shall be--
                  (A) from a willing seller;
                  (B) contingent on the conveyance of title 
                acceptable to the Secretary, or the Secretary 
                of Agriculture in the case of an acquisition of 
                National Forest System land, using title 
                standards of the Attorney General;
                  (C) at a price not to exceed fair market 
                value consistent with applicable provisions of 
                the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                  (D) managed as part of the unit within which 
                it is contained.
  (d) Contaminated Sites and Sites Difficult and Uneconomic To 
Manage.--Funds in the Federal Land Disposal Account shall not 
be used to purchase land or an interest in land that, as 
determined by the Secretary or the Secretary of Agriculture--
          (1) contains a hazardous substance or is otherwise 
        contaminated; or
          (2) because of the location or other characteristics 
        of the land, would be difficult or uneconomic to manage 
        as Federal land.
  (e) Land and Water Conservation Fund Act.--Funds made 
available under this section shall be supplemental to any funds 
appropriated under chapter 2003 of title 54, United States 
Code.
  [(f) Termination.--On termination of activities under section 
205--
          [(1) the Federal Land Disposal Account shall be 
        terminated; and
          [(2) any remaining balance in the account shall 
        become available for appropriation under section 200303 
        of title 54, United States Code.]

SEC. 207. SPECIAL PROVISIONS.

  (a) In General.--Nothing in this title provides an exemption 
from any limitation on the acquisition of land or interest in 
land under any Federal law in effect on the date of enactment 
of this Act.
  (b) Other Law.--This title shall not apply to land eligible 
for sale under--
          (1) Public Law [96-568] 96-586 (commonly known as the 
        ``Santini-Burton Act'') (94 Stat. 3381)[; or];
          (2) the Southern Nevada Public Land Management Act of 
        1998 ( Public Law 105-263; 112 Stat. 2343)[.];
          (3) the White Pine County Conservation, Recreation, 
        and Development Act of 2006 (Public Law 109-432; 120 
        Stat. 3028);
          (4) the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 
        2403);
          (5) subtitle F of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 1132 note; Public Law 
        111-11);
          (6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 460www note, 1132 
        note; Public Law 111-11);
          (7) section 2601 of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 
        1108); or
          (8) section 2606 of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 
        1121).
  (c) Exchanges.--Nothing in this title precludes, preempts, or 
limits the authority to exchange land under authorities 
providing for the exchange of Federal lands, including but not 
limited to--
          (1) the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.); or
          (2) the Federal Land Exchange Facilitation Act of 
        1988 (102 Stat. 1086) or the amendments made by that 
        Act.
  (d) No New Right or Benefit.--Nothing in this Act creates a 
right or benefit, substantive or procedural, enforceable at law 
or in equity by a party against the United States, its 
agencies, its officers, or any other person.

           *       *       *       *       *       *       *


                                  [all]