[House Report 117-684]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-684
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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]