[House Report 117-684]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-684

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



 
            RECREATION AND PUBLIC PURPOSES TRIBAL PARITY ACT

                                _______
                                

 December 30, 2022.--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. 8115]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 8115) to amend the Recreation and Public 
Purposes Act to authorize sales and leases of certain Federal 
land to federally recognized Indian Tribes, 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. 8115 is to amend the Recreation and 
Public Purposes Act to authorize sales and leases of certain 
federal land to federally recognized Indian Tribes.

                  Background and Need for Legislation

    The Recreation and Public Purposes Act of 1926 provides the 
Bureau of Land Management (BLM) the ability to purchase and 
lease public lands for recreation or public purposes with state 
and local governments and eligible nonprofit partners. Land 
uses under the Act include municipal facilities, schools, 
hospitals, parks, historic monument sites, campgrounds, and law 
enforcement facilities.
    Because the Act allows for the transfer and lease of public 
lands at prices far below fair market value, the State, local, 
and nonprofit entities that receive the lands must agree always 
to use them for public purposes. Any revenue collected by state 
and local governments on lands conveyed under the Recreation 
and Public Purposes (R&PP) Act must specifically be used on 
those lands, and BLM retains a reversionary interest in the 
lands to enforce these terms.
    When the Recreation and Public Purposes Act became law, 
tribal governments were excluded from the program. This 
omission leaves tribal governments without the same 
opportunities as state and local governments to utilize the Act 
for community development and cultural heritage purposes at 
discounted rates. H.R. 8115 provides parity for federally 
recognized tribes by enabling them to participate in the Act's 
purchasing and leasing program, thus providing expanded 
opportunities for land acquisition.
    H.R. 8115 was included in H.R. 2617, the Consolidated 
Appropriations Act, 2023,\1\ which Congress passed on December 
23, 2022. As of the writing of this report, President Biden is 
expected to sign the bill into law.\2\
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    \1\Division DD, Title I, Section 104.
    \2\https://www.whitehouse.gov/briefing-room/statements-releases/
2022/12/23/statement-from-president-joe-biden-on-passage-of-the-
bipartisan-year-end-omnibus/.
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                            Committee Action

    H.R. 8115 was introduced on June 16, 2022, by 
Representative Doug LaMalfa (R-CA). 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 and the Subcommittee for Indigenous Peoples of the 
United States. On September 14, 2022, the Subcommittee for 
Indigenous Peoples of the United States held a hearing on the 
bill. On December 8, 2022, the Natural Resources Committee met 
to consider the bill. The Subcommittees were discharged by 
unanimous consent. The bill was adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee for Indigenous Peoples of the 
United States held on September 14, 2022.

            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) and clause 3(d) 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 amend the Recreation and Public 
Purposes Act to authorize sales and leases of certain federal 
land to federally recognized Indian Tribes.

                           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, if such 
estimate is not publicly available on the Congressional Budget 
Office website.

                           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 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):

                          ACT OF JUNE 14, 1926


  Section 1. (a) The Secretary of the Interior upon application 
filed by a duly qualified applicant under section 2 of this Act 
may, in the manner prescribed by this Act, dispose of any 
public lands to a State, federally recognized Indian Tribe, 
Territory, county, municipality, or other State, Tribal, 
Territorial, or Federal instrumentality or political 
subdivision for any public purposes, or to a nonprofit 
corporation or nonprofit association for any recreational or 
any public purpose consistent with its articles of 
incorporation or other creating authority. Before the land may 
be disposed of under this Act it must be shown to the 
satisfaction of the Secretary that the land is to be used for 
an established or definitely proposed project, that the land 
involved is not of national significance nor more than is 
reasonably necessary for the proposed use, and that for 
proposals of over 640 acres comprehensive land use plans and 
zoning regulations applicable to the area in which the public 
lands to be disposed of are located have been adopted by the 
appropriate State, Tribal, or local authority. The Secretary 
shall provide an opportunity for participation by affected 
citizens in disposals under this Act, including public hearings 
or meetings where he deems it appropriate to provide public 
comments, and shall hold at least one public meeting on any 
proposed disposal of more than six hundred forty acres under 
this Act. The Secretary may classify public lands in Alaska for 
disposition under this Act. Lands so classified may not be 
appropriated under any other public land law unless the 
Secretary revises such classification or authorizes the 
disposition of an interest in the lands under other applicable 
law. If, within eighteen months following such classification, 
no application has been filed for the purpose for which the 
lands have been so classified, then the Secretary shall restore 
such lands to appropriation under the applicable public land 
laws.
  (b) Conveyances made in any one calendar year shall be 
limited as follows:
          
          [(i) For recreational]
  (1) For recreational  purposes:
                  (A) To any State or the State park agency or 
                any other agency having jurisdiction over the 
                State park system of such State designated by 
                the Governor of that State as its sole 
                representative for acceptance of lands under 
                this provision, hereinafter referred to as the 
                State, or to any political subdivision of such 
                State, six thousand four hundred acres, and 
                such additional acreage as may be needed for 
                small roadside parks and rest sites of not more 
                than ten acres each.
                  (B) To any nonprofit corporation or nonprofit 
                association, six hundred and forty acres.
                  (C) No more than twenty-five thousand six 
                hundred acres may be conveyed for recreational 
                purposes under this Act in any one State per 
                calendar year. Should any State or political 
                subdivision, however, fail to secure, in any 
                one year, six thousand four hundred acres, not 
                counting lands for small roadside parks and 
                rest sites, conveyances may be made thereafter 
                if pursuant to an application on file with the 
                Secretary of the Interior on or before the last 
                day of said year and to the extent that the 
                conveyance would not have exceeded the 
                limitations of said year.
                  (D) To any federally recognized Indian Tribe, 
                6,400 acres.
          [(ii) For public purposes]
  (2) For public purposes  other than recreation:
                  (A) To any State or agency or instrumentality 
                thereof, for any one program, six hundred and 
                forty acres.
                  (B) To any political subdivision of a State, 
                six hundred and forty acres.
                  (C) To any nonprofit corporation or nonprofit 
                association, six hundred and forty acres.
                  (D) To any federally recognized Indian Tribe, 
                640 acres.
  (c) Where the lands have been withdrawn in aid of a function 
of a Federal department or agency other than the Department of 
the Interior, or of a State, Territory, county, municipality, 
water district, or other local governmental subdivision or 
agency, the Secretary of the Interior may make disposals under 
this Act only with the consent of such Federal department or 
agency, or of such State, Territory, or local governmental 
unit. Nothing in this Act shall be construed to apply to lands 
in any national forest, national park, or national monument, or 
national wildlife refuge, or to any Indian lands or lands set 
aside or held for the use or benefit of Indians, including 
lands over which jurisdiction has been transferred to the 
Department of the Interior by Executive order for the use of 
Indians, or, except insofar as this Act applies to leases of 
land to [States and counties and to State and Federal] States, 
federally recognized Indian Tribes, and counties and to State, 
Tribal, Territorial, and Federal instrumentalities and 
political subdivisions and to municipal corporations, to the 
revested Oregon and California Railroad grant lands and the 
reconveyed Coos Bay Wagon Road grant lands in the State of 
Oregon. Nor shall any disposition be made under this Act for 
any use authorized under any other law[, except for a use 
authorized under the Act of June 1, 1938 (52 Stat. 609; 43 
U.S.C., sec. 682a), as amended].
  Sec. 2. The Secretary of the Interior may after due 
consideration as to the power value of the land, whether or not 
withdrawn therefor, (a) sell such land to the State, federally 
recognized Indian Tribe, Territory, county, or other State, 
Tribal, Territorial, or Federal instrumentality or political 
subdivision in which the lands are situated, or to a nearby 
federally recognized Indian Tribe or municipal corporation in 
the same State or Territory, for the purpose for which the land 
has been classified, and conveyances of such land for historic-
monument purposes or recreational purposes under this 
subsection shall be made without monetary consideration, while 
conveyances for any other purpose under this subsection shall 
be made at a price to be fixed by the Secretary of the Interior 
through appraisal or otherwise, after taking into consideration 
the purpose for which the lands are to be used; (b) lease such 
land to the State, federally recognized Indian Tribe, 
Territory, county, or other State, Tribal, Territorial, or 
Federal instrumentality or political subdivision in which the 
lands are situated, or to a nearby federally recognized Indian 
Tribe or municipal corporation in the same State or Territory, 
for the purpose for which the land has been classified, at a 
reasonable annual rental, except that leases of such lands for 
recreational purposes shall be made without monetary 
consideration, for a period up to twenty-five years, and, at 
the discretion of the Secretary, with a privilege of renewal 
for a like period, (c) sell such land to a nonprofit 
corporation or nonprofit association, for the purpose for which 
the land has been classified, at a price to be fixed by the 
Secretary of the Interior through appraisal, after taking into 
consideration the purpose for which the lands are to be used, 
or (d) lease such land to a nonprofit corporation or nonprofit 
association at a reasonable annual rental, for a period up to 
twenty years, and, at the discretion of the Secretary, with a 
privilege of renewal for a like period. Each patent or lease so 
issued shall contain a reservation to the United States of all 
mineral deposits in the lands conveyed or leased and of the 
right to mine and remove the same, under applicable laws and 
regulations to be established by the Secretary. Each lease 
shall contain a provision for its termination upon a finding by 
the Secretary that the land has not been used by the lessee for 
the purpose specified in the lease for such period, not over 
five years, as may be specified in the lease, or that such land 
or any part thereof is being devoted to another use.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]