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[Senate Report 112-69]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 149
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-69

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

 
       FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION

                                _______
                                

               September 6, 2011.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 714]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 714) to reauthorize the Federal Land 
Transaction Facilitation Act, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended do pass.
    The amendment is as follows:
    1. On page 2, line 8, strike ``2009'' and insert ``2011''.

                                Purpose

    The purpose of S. 714, as ordered reported, is to 
reauthorize the Federal Land Transaction Facilitation Act for 
an additional 10-year period, through July 25, 2021.

                          Background and Need

    In July of 2000, Congress enacted the Federal Land 
Transaction and Facilitation Act (FLTFA) as Title II of the 
Valles Caldera Preservation Act (Public Law 106-248). FLTFA 
authorizes the Bureau of Land Management (BLM) to sell public 
lands identified for disposal through the land use planning 
process prior to July 2000 and to retain the proceeds from the 
sales in a special account set up in the Treasury, to be 
available without further appropriation. The funds in that 
account are used to buy inholdings within Federally-designated 
areas in the same State, including BLM, National Park Service, 
Fish and Wildlife Service, and Forest Service areas. FLTFA was 
initially authorized through July 2010. Public Law 111-168, the 
2010 Supplemental Appropriations Act, extended the 
authorization for an additional year, through July 25, 2011.
    Since enactment of FLTFA in 2000, the BLM has sold just 
under 27,000 acres of surplus lands and acquired approximately 
18,000 acres of lands with high resource values.
    Because the authority to sell and purchase lands under 
FLTFA sunset on July 25, 2011, S. 714 would extend the 
program's authorization through 2021 and expand the pool of 
eligible lands to be sold to include any lands identified for 
disposal as of the date of enactment of S. 714. Furthermore, if 
the law is not reauthorized, proceeds from BLM land sales will 
not be available for future acquisitions but instead will be 
available for appropriation under the Land and Water 
Conservation Fund.

                          Legislative History

    S. 714 was introduced by Senators Bingaman, Udall of 
Colorado, Udall of New Mexico, and Wyden on April 4, 2011. 
Senator Tester is also a cosponsor. The Subcommittee on Public 
Lands and Forests held a hearing on S. 714 on May 25, 2011. At 
its business meeting on July 14, 2011, the Committee on Energy 
and Natural Resources ordered S. 714 favorably reported with an 
amendment.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 14, 2011, by voice vote of a 
quorum present, recommends that the Senate pass S. 714, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 714, the Committee adopted a 
technical amendment to correct a reference to the short title 
in section 2(2)(A).

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Federal Land 
Transaction Facilitation Act Reauthorization of 2011''.
    Section 2(1) amends section 203(2) of FLTFA (Public Law 
106-248) to make any federally designated area (as defined in 
section 103(o) of the Federal Land Policy and Management Act of 
1976) eligible for FLTFA funds, regardless of when the area was 
established.
    Section 2(2) amends section 205 of FLTFA by allowing any 
Federal lands identified for disposal in approved land use 
plans as of the date of enactment of this Act to be eligible 
for sale under FLTFA. As originally enacted, only lands 
identified for disposal as of July 2000 were eligible for sale 
under FLTFA. The section extends the authorization for FLTFA 
through July 25, 2021.
    Section 2(3) strikes subsection (f) of section 206 of 
FLTFA, which requires that any remaining balance in the FLTFA 
special account be available for appropriation under the Land 
and Water Conservation Fund when FLTFA's authorization ends.
    Section 2(4) makes technical and conforming changes to 
section 207(b) of FLTFA, and amends section 207(b) to include 
the White Pine County Conservation, Recreation, and Development 
Act of 2006, the Lincoln County Conservation, Recreation, and 
Development Act of 2004, and several subtitles and sections 
from the Omnibus Public Land Management Act of 2009 to clarify 
that those lands remain eligible for sale under separate laws 
and that the FLTFA provisions will not apply.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 714--Federal Land Transaction Facilitation Act Reauthorization of 
        2011

    Summary: S. 714 would reauthorize the Federal Land 
Transaction Facilitation Act (FLTFA) to allow certain federal 
agencies to spend, without further appropriation, proceeds from 
the sale of land administered by the Bureau of Land Management 
(BLM) to purchase inholdings (privately held land surrounded by 
federal land). Based on information provided by BLM, CBO 
estimates that enacting the legislation would increase both the 
proceeds from sale of federal property and the spending of sale 
proceeds. On balance, CBO estimates that enacting the 
legislation would yield a small net reduction in direct 
spending of $5 million over the 2012-2021 period--primarily 
because the spending of sale proceeds would lag behind such 
collections over the next 10 years. Because S. 714 would affect 
direct spending, pay-as-you-go procedures apply. Enacting the 
legislation would not affect revenues.
    S. 714 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 714 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2012    2013    2014    2015    2016    2017    2018    2019    2020    2021   2012-2016  2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Proceeds from Sale of Property:a
    Estimated Budget Authority....................      -2      -3      -4      -5      -6      -8     -10     -12     -14     -16       -20        -80
    Estimated Outlays.............................      -2      -3      -4      -5      -6      -8     -10     -12     -14     -16       -20        -80
Spending of Sales Proceeds:
    Estimated Budget Authority....................       3       4       5       6       7       9      11      13      15      17        25         90
    Estimated Outlays.............................       2       3       4       5       6       7       9      11      13      15        20         75
    Total Changes:
        Estimated Budget Authority................       1       1       1       1       1       1       1       1       1       1         5         10
        Estimated Outlays.........................       0       0       0       0       0      -1      -1      -1      -1      -1         0        -5
--------------------------------------------------------------------------------------------------------------------------------------------------------
aThe amounts of sale proceeds shown in the table reflect expected increases in collections under S. 714. In addition, CBO estimates that the Bureau of
  Land Management will collect $10 million over the 2012-2021 period for such sales under current law.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2011.
    Under current law, proceeds from the sale of BLM land are 
deposited in the Treasury as offsetting receipts (a credit 
against direct spending). CBO estimates that such proceeds will 
total $10 million over the 2012-2021 period. Because, under the 
bill, BLM could spend proceeds from the sale of land to pay for 
administrative costs associated with future land sales, CBO 
estimates that implementing the legislation would increase such 
proceeds (relative to current law) by $80 million over the next 
10 years. Overall, we estimate that gross proceeds from the 
sale of BLM land would increase to $90 million over 2012-2021 
period, including the $10 million in collections expected under 
current law.
    CBO estimates that, under the bill, annual proceeds from 
the sale of BLM land over the next 10 years would be lower (on 
average) than the historical average under FLTFA. Over the 
2001-2011 period, proceeds from the sale of BLM land under the 
program totaled about $120 million, with most of that amount 
generated by sales of land near urban areas in Nevada and 
Arizona in 2006 and 2007. Because the amount of future proceeds 
from such land sales is related to prevailing housing market 
and economic conditions in those areas, we expect that gross 
proceeds would be lower than in recent years and would increase 
over the 10-year period as additional sales would take place in 
those urban areas.
    Because the bill would authorize four land-management 
agencies (BLM, the U.S. Fish and Wildlife Service, the National 
Park Service, and the Forest Service) to spend, without further 
appropriation, proceeds from the sale of BLM land, including 
amounts expected to be collected under current law, CBO also 
estimates that implementing the legislation would increase 
direct spending over the 2012-2021 period. Based on the 
historical rate of spending for the FLTFA program and for other 
federal land acquisition activities, CBO expects that those 
agencies would not spend all of the proceeds ($90 million) 
generated from BLM land sales over the next 10 years. We 
estimate that direct spending of such proceeds would total $75 
million over the 2012-2021 period, resulting in a net reduction 
in direct spending of $5 million over that period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 714 would reduce direct spending; therefore, pay-
as-you-go procedures apply. The budgetary changes that are 
subject to pay-as-you-go procedures are shown in the following 
table.

   CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 714, THE FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION ACT OF 2011, AS ORDERED REPORTED BY THE
                                            SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON JULY 14, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2011    2012    2013    2014    2015    2016    2017    2018    2019    2020    2021   2011-2016  2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............       0       0       0       0       0       0      -1      -1      -1      -1      -1         0         -5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 714 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Dubary Brea and Jeff 
LaFave; Impact on state, local, and tribal governments: Melissa 
Merrell; Impact on the private sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 714.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 714, as ordered reported.

                   Congressionally Directed Spending

    S. 714, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management at 
the May 25, 2011 Subcommittee hearing on S. 714 follows:

Statement of Marcilynn Burke, Bureau of Land Management, Department of 
                              the Interior

    Thank you for the opportunity to testify on S. 714, the 
Federal Land Transaction Facilitation Act (FLTFA) 
Reauthorization of 2011. The Administration strongly supports 
S. 714 and encourages the Congress to move swiftly to 
reauthorize the FLTFA. Over the past decade, the Department of 
the Interior has made a number of important acquisitions using 
the FLTFA's provisions. Reauthorization of the FLTFA will allow 
us to continue to use this critical tool for enhancing our 
Nation's treasured landscapes.

                               background

    Congress enacted the FLTFA in July of 2000 as Title II of 
Public Law 106-248 (formerly referred to as the ``Baca Bill''). 
FLTFA expired on July 25, 2010. At that time, the balance in 
the FLTFA account (approximately $50 million) was transferred 
to the Land and Water Conservation Fund. FLTFA was reauthorized 
through July 25, 2011, by the 2010 Supplemental Appropriations 
Act (P.L. 111-212). Since the one-year extension became law, 
approximately $3 million from the sale of 800 acres of public 
lands has been deposited into the FLTFA account.
    Under the FLTFA, the Bureau of Land Management (BLM) may 
sell public lands identified for disposal through the land use 
planning process prior to July 2000, and retain the proceeds 
from those sales in a special account in the Treasury. The BLM 
may then use those funds to acquire, from willing sellers, 
inholdings within certain Federally designated areas and lands 
that are adjacent to those areas that contain exceptional 
resources. Lands may be acquired within and/or adjacent to 
areas managed by the National Park Service (NPS), the U.S. Fish 
and Wildlife Service (FWS), the U.S. Forest Service (FS), and 
the BLM. To date, approximately 26,600 acres have been sold 
under this authority and approximately 18,000 acres of high 
resource value lands have been acquired.
    The 2012 Budget includes a proposal to eliminate FLTFA's 
July 2011 sunset date and allow lands identified as suitable 
for disposal in recent land use plans to be sold using the 
FLTFA authority. FLTFA sales revenues would continue to be used 
to fund the acquisition of environmentally sensitive lands and 
the administrative costs associated with conducting sales.
    The 1976 Federal Land Policy and Management Act (FLPMA) 
provides clear policy direction to the BLM that public lands 
should generally be retained in public ownership. However, 
section 203 of FLPMA allows the BLM to identify lands as 
potentially available for disposal if they meet one or more of' 
the following criteria:
           Lands consisting of scattered, isolated 
        tracts that are difficult or uneconomic to manage; or
           Lands that were acquired for a specific 
        purpose and are no longer needed for that purpose; or
           Lands that could serve important public 
        objectives, such as community expansion and economic 
        development, which outweigh other public objectives and 
        values that could be served by retaining the land in 
        Federal ownership.
    The BLM identifies lands that may be suitable for disposal 
through its land use planning process, which involves full 
public participation. Before the BLM can sell, exchange, or 
otherwise dispose of these lands, however, it must undertake 
extensive environmental impact analyses, clearances, surveys, 
and appraisals for the individual parcels.
    Before the enactment of the FLTFA, the BLM had the 
authority under FLPMA to sell lands identified for disposal. 
The proceeds from those sales were deposited into the General 
Fund of the Treasury. However, because of the costs associated 
with those sales (including environmental and cultural 
clearances, appraisals, and surveys), few sales were 
undertaken. Rather, the BLM relied largely on land exchanges to 
adjust land tenure. This can often be a less efficient process.
    Once the FLTFA was enacted, the BLM developed guidance, 
processes, and tools to complete the FLTFA land sales. Working 
cooperatively, the BLM, NPS, FWS, and FS then developed 
guidance, processes, and tools for subsequent FLTFA land 
acquisitions. The BLM markedly increased sales under the 
program over the last few years. Recent market conditions, 
however, have led to less robust sales than earlier in the life 
of the program.
    Since it was enacted, the BLM utilized FLTFA to sell 327 
parcels previously identified for disposal totaling 26,437 
acres, with a total value of approximately $116.3 million. Over 
the same time period, the Federal government acquired 36 
parcels totaling 18,135 acres, with a total value of 
approximately $49.2 million using FLTFA authority.
    Some lands identified for disposal and sold through the 
FLTFA process are high-value lands in the urban interface. For 
example, in 2007 the BLM in Arizona sold at auction a 282-acre 
parcel in the suburban Phoenix area for $7 million. However, 
many of the lands the BLM identified for disposal prior to July 
2000 that are eligible under FLTFA are isolated or scattered 
parcels in remote areas with relatively low value. Frequently, 
there is limited interest in acquiring these lands, and the 
costs of preparing them for sale may exceed their market value.
    Since the inception of the FLTFA, the BLM has deposited 
$111.7 million into the Federal Land Disposal Account. That 
figure represents 96% of the total revenues from these sales. 
Approximately $4.6 million has been transferred to the states 
in which the sales originated, as provided for in individual 
Statehood Acts (typically 4% of the sale price).
    Using the FLTFA proceeds, the BLM, NPS, FWS, and FS have 
acquired significant inholdings and adjacent lands from willing 
sellers, consistent with the provisions of the Act. For 
example, in November 2009 the BLM used FLTFA funds to complete 
the acquisition of 4,573 acres within the BLM's Canyons of the 
Ancients National Monument in southwest Colorado. These 
inholdings encompass 25 documented cultural sites, and 
archaeologists expect to record an additional 700 significant 
finds. The acquisition also included two particularly important 
areas: ``Jackson's Castle,'' which is archaeologically 
significant; and the ``Skywatcher Site,'' a one-of-a-kind, 
1,000-year-old solstice marker. The following are a few 
additional examples of important FLTFA acquisitions:
     Elk Springs Area of Critical Environmental Concern 
(ACEC), New Mexico/BLM--This 2,280-acre acquisition protects 
critical elk wintering habitat.
     Hells Canyon Wilderness, Arizona/BLM--A 640-acre 
parcel constituting the last inholding within the Hells Canyon 
Wilderness, located just 25 miles northwest of Phoenix.
     Grand Teton National Park, Wyoming/NPS--This small 
(1.38 acres), but critical inholding within the Park was 
acquired and protected from development.
     Zion National Park, Utah/NPS--A combination of 
FLTFA and Land and Water Conservation Fund monies were used to 
acquire two 5-acre inholdings that overlook some of the Park's 
outstanding geologic formations. These areas were previously 
targeted for development.
     Nestucca Bay National Wildlife Refuge, Oregon/
FWS--This 92-acre dairy farm on the outskirts of Pacific City, 
Oregon, was slated for residential development and was acquired 
to protect a significant portion of the world's population of 
the Semidi Islands Aleutian Cackling Goose.
     Six Rivers National Forest, California/FS--Over 
4,400 acres were acquired within the Goose Creek National Wild 
and Scenic River corridor, preserving 4 miles of the river 
known for dense stands of Douglas fir, redwoods, and Port 
Orford cedar.

                                 s. 714

    S. 714 would both extend and enhance the original FLTFA 
through four major changes.
    First, the bill extends the program for 10 years to July 
2021. This change would enable the BLM to plan for and 
implement this program on a long-term basis.
    Second, under the original FLTFA, only lands identified for 
disposal prior to July 25, 2000, were eligible to be sold. S. 
714 modifies that restriction by allowing any lands identified 
for disposal through the BLM's land use planning process by the 
date of enactment of S. 714 to be sold through the FLTFA 
process. The Department supports this change, which recognizes 
the usefulness and importance of the BLM's land use planning 
process. However, we would recommend eliminating this 
restriction rather than simply moving the date forward.
    The BLM currently oversees the public lands through 159 
Resource Management Plans (RMPs). Since 2000, the BLM has 
completed 75 RMP revisions and major plan amendments. 
Additionally, the BLM is currently involved in planning efforts 
on 45 new RMPs, all of which the agency expects to complete 
within the next three to four years. Planning updates are an 
ongoing part of the BLM's mandate under FLPMA. In this process, 
the BLM often makes incremental modifications to the plans, and 
identifies lands that may be suitable for disposal. All of 
these planning modifications or revisions are made in 
compliance with the National Environmental Policy Act, and are 
undertaken through a process that invites full public 
participation. If the enactment date is again utilized as the 
cut-off date, the BLM may, in a few years, face the same 
challenges it does with the program today. Many of the high-
valued lands have been sold and the remaining eligible lands 
are isolated or scattered parcels in remote areas with 
relatively low value. Eliminating the restriction to provide 
more flexibility on the lands eligible for FLTFA will allow the 
BLM to maintain a more consistent program over time.
    Third, the original FLTFA allows acquisitions of inholdings 
within, or special lands adjacent to Federal units only if 
those units existed prior to July 25, 2000. S. 714 eliminates 
this limitation as well, and we support this change. In March 
of 2009, President Obama signed the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11) into law, which 
designates or expands numerous wilderness areas, wild and 
scenic rivers, national park units, and other units of the 
BLM's National Landscape Conservation System. S. 714 will allow 
the use of FLTFA funds to acquire inholdings within these areas 
and areas designated by other legislation enacted after July 
2000.
    Finally, S. 714 adds exceptions to the FLTFA in recognition 
of specific laws that modify the FLTFA with respect to some 
particular locations. The FLTFA does not apply to lands 
available for sale under the Santini-Burton Act (P.L. 96-586) 
and the Southern Nevada Public Land Management Act (P.L. 105-
263). S. 714 additionally exempts lands included in the White 
Pine County Conservation, Recreation, and Development Act (P.L. 
109-432) and the Lincoln County Conservation, Recreation and 
Development Act (P.L. 108-424). Finally, a number of provisions 
of the Omnibus Public Land Management Act of 2009 (P.L. 111-11) 
modify FLTFA at specific sites or for specific purposes. These 
exceptions are also captured by S. 714.

                               conclusion

    Thank you for the opportunity to testify in strong support 
of S. 714, the Federal Land Transaction Facilitation Act 
Reauthorization of 2011. By extending the FLTFA, the Congress 
will allow the BLM to continue a rational process of land 
disposal that is anchored in public participation and sound 
land use planning, while providing for land acquisitions to 
augment and strengthen our Nation's treasured landscapes.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 714, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

VALLES CALDERA PRESERVATION ACT; FEDERAL LAND TRANSACTION FACILITATION 
                                  ACT

              (Public Law 106-248; Approved July 25, 2000)

 AN ACT To authorize the acquisition of the Valles Caldera, to provide 
for an effective land and wildlife management program for this resource 
     within the Department of Agriculture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

           *       *       *       *       *       *       *

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 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--

           *       *       *       *       *       *       *

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] the Federal Land Transaction Facilitation Act 
Reauthorization of 2009) under section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712).

           *       *       *       *       *       *       *

    (d) Termination of Authority.--The authority provided under 
this section shall terminate [10] 20 years after the date of 
enactment of this Act.

SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

           *       *       *       *       *       *       *

    [(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 3 of 
        the Land and Water Conservation Fund Act (16 U.S.C. 
        460l-6).]

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 200 (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).

           *       *       *       *       *       *       *

                                  
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