[House Report 116-639]
[From the U.S. Government Publishing Office]


116th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 116-639

======================================================================
 
                ADVANCING CONSERVATION AND EDUCATION ACT

                                _______
                                

 December 14, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 244]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 244) to maximize land management efficiencies, 
promote land conservation, generate education funding, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 244 is to maximize land efficiencies, 
promote land conservation, and generate education funding.

                  BACKGROUND AND NEED FOR LEGISLATION

    Stemming from the General Land Ordinance of 1785 and the 
Northwest Ordinance, Congress granted each new state certain 
federal lands to be held in trust by that state for the sole 
purpose of generating income for public institutions, in 
particular for education. Today, there are approximately 46 
million acres of state trust lands, predominantly in the West. 
Many of these lands are contained within wilderness, national 
park units, and other federal conservation areas.
    Since state trust lands are managed to generate revenues 
and maximize returns for public education, many state trust 
land managers have a vested interest in exchanging lands within 
federal conservation areas for lands with a higher revenue 
potential. Conversely, federal land management agencies often 
have a strong interest in acquiring state trust lands within 
conservation areas to protect environmentally sensitive areas 
and improve management efficiency.
    H.R. 244 establishes a new mechanism for states to 
relinquish state trust lands within federally designated 
conservation areas in exchange for specified public lands 
managed by the Bureau of Land Management (BLM) within the 
state. Currently, the primary means of eliminating state trust 
lands within federally designated conservation areas has been 
through legislative land exchanges that are both time-consuming 
and complicated. Some state trust land managers also oppose new 
conservation designations that do not address state trust land 
inholdings, creating a significant barrier for new 
conservation-focused designations.
    H.R. 244 facilitates the expedited removal of state trust 
lands from federal conservation areas and is based on an 
existing provision of federal law (43 U.S.C. 851) that allows 
states to select other federal lands in lieu of state trust 
lands that are encumbered by settlements or homesteads. The 
bill expands this provision to apply to all state trust lands 
in twelve western states\1\ and the State of Alaska that are 
contained within federal conservation areas. Upon 
relinquishment by the state, the lands would become a part of 
the applicable conservation area.
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    \1\The twelve western states are: Arizona, California, Colorado, 
Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, 
Washington, and Wyoming.
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    The legislation stipulates that the Secretary of the 
Interior has the discretion to accept or reject state 
applications and that all land exchanges must comply with 
applicable laws, including the National Environmental Policy 
Act of 1969 (NEPA). The bill also includes provisions that 
address the valuation of mineral lands, as well as the 
conveyance of mineral lands, mining claims, water rights, and 
grazing permits.

                            COMMITTEE ACTION

    H.R. 244 was introduced on January 4, 2019, by 
Representative Chris Stewart (R-UT). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on National Parks, Forests, and 
Public Lands. On June 18, 2020, the Subcommittee held a hearing 
on the bill. On September 30, 2020, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. No amendments were offered, 
and the bill was adopted and ordered favorably reported to the 
House of Representatives by unanimous consent.

                                HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 244: legislative hearing by the Subcommittee on 
National Parks, Forests, and Public Lands held on June 18, 
2020.

            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) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to maximize land efficiencies, 
promote land conservation, and generate education funding.

                           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.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]