II

104TH CONGRESS

2D SESSION S. 2089

To transfer land administered by the Bureau of Land Management to the

States in which the land is located.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 18, 1996

Mr. THOMAS introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To transfer land administered by the Bureau of Land

Management to the States in which the land is located.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITIONS.

4 In this Act:

5 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

6 means an Indian tribe, band, nation, pueblo, or

7 other organized group or community, including any

8 Alaska Native village or regional corporation (as de9 fined in or established pursuant to the Alaska Na10 tive Claims Settlement Act (43 U.S.C. 1601 et
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1 seq.)), that is recognized as eligible for the special

2 programs and services provided by the United States

3 to Indians because of their status as Indians.

4 (2) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Interior.

6 SEC. 2. TRANSFER OF BUREAU OF LAND MANAGEMENT

7 LAND.

8 (a) REQUIRED OFFER.—

9 (1) IN GENERAL.—Subject to valid existing

10 rights and except as otherwise provided in this Act,

11 the Secretary shall offer to transfer all right, title,

12 and interest of the United States in and to all land

13 and interests in land administered by the Bureau of

14 Land Management to the State in which the land

15 and interests are located.

16 (2) LAND AND INTERESTS INCLUDED.—The

17 land and interests in land referred to in paragraph

18 (1) include—

19 (A) the fee simple interest, if the United

20 States owns both the surface and mineral

21 rights;

22 (B) the mineral rights, if the surface estate

23 is owned by a non-Federal person, including a

24 State or political subdivision of a State; and
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1 (C) water rights related to the land or in2 terest in land.

3 (3) EXCLUSION OF MINERAL INTERESTS UN4 DERLYING INDIAN RESERVATIONS.—Paragraph (1)

5 does not apply with respect to the mineral interests

6 underlying a surface estate held by the United

7 States in trust for an Indian tribe.

8 (b) OFFER WITHIN 2 YEARS.—The offer required by

9 subsection (a) to be made to a State shall be made to the

10 Governor of the State not later than 2 years after the date

11 of enactment of this Act.

12 (c) ACCEPTANCE OF OFFER.—

13 (1) ALL OR NOTHING.—A State may accept an

14 offer under subsection (a) in its entirety but may

15 not accept the offer in part.

16 (B) reject the offer in its entirety.

17 (2) ACCEPTANCE BY THE GOVERNOR.—Accept18 ance by a State of an offer under subsection (a) may

19 be made only by the Governor of the State, in writ20 ing, to the Secretary.

21 (d) EFFECTIVE DATE OF TRANSFER.—Any transfer

22 of land under this Act shall be effective with respect to

23 a State on the date that is 10 years after the date on

24 which the offer to the State is accepted.
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1 (e) SURVEYS.—The Secretary is not required to con2 duct a survey of any land prior to transferring the land

3 under this Act.

4 (f) RETENTION OF OWNERSHIP BY THE STATE.—

5 (1) RESTRICTIVE COVENANT.—

6 (A) IN GENERAL.—An instrument by

7 which land or an interest in land is transferred

8 under this Act shall contain a restrictive cov9 enant stating that the State shall not convey

10 any ownership interest in the land or interest in

11 land to any person (including a political sub12 division of the State) unless the Governor of the

13 State submits to the Secretary, at least 90 days

14 before the date of conveyance, a certification

15 that—

16 (i) the land or interest in land will be

17 conveyed in connection with a transaction

18 or series of transactions in which there will

19 be conveyed to the State land or an inter20 est in land that is of at least equal value

21 to the State; and

22 (ii) the ownership of that land or in23 terest in land by the State will be subject

24 to the same restrictive covenant.
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1 (B) BREACH.—Not later than 90 days

2 after the date on which the Secretary receives

3 a certification under paragraph (1), the Attor4 ney General, at the request of the Secretary,

5 may bring an action in the United States dis6 trict court for the district in which the land is

7 located to enjoin a conveyance in breach of the

8 restrictive covenant.

9 SEC. 3. LEASES, PERMITS, AND UNPATENTED MINING

10 CLAIMS.

11 (a) VALID LEASES AND PERMITS.—A State to which

12 land is transferred under this Act shall honor valid exist13 ing leases and permits on the land for the term of the

14 lease or permit and shall manage the leases and permits

15 in accordance with the other terms and conditions of the

16 leases and permits.

17 (b) MINING CLAIMS.—

18 (1) IN GENERAL.—Except for mining claims for

19 which the holder is entitled to a patent as provided

20 in paragraph (2), after the date on which land sub21 ject to a mining claim is transferred to a State

22 under this Act, the validity and continued existence

23 of the mining claim shall be determined under the

24 law of the State to which the land was transferred
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1 and shall be administered in accordance with the law

2 of that State.

3 (2) ISSUANCE OF PATENT.—The holder of a

4 mining claim is entitled to the issuance of a patent

5 in the case of a mining claim on land transferred to

6 a State under this Act in the same manner and de7 gree to which the holder would have been entitled

8 to prior to the date of the transfer if, as of the date

9 of the transfer—

10 (A) a patent application was filed with the

11 Secretary; and

12 (B) the holder fully complied with—

13 (i) all requirements under sections

14 2325 and 2326 of the Revised Statutes (30

15 U.S.C. 29 and 30) for vein or lode claims;

16 (ii) all requirements under sections

17 2329, 2330, 2331, and 2333 of the Re18 vised Statutes (30 U.S.C. 35, 36, 37) for

19 placer claims; and

20 (C) all requirements applicable to the pat21 ent application for mill site claims.

22 (c) RIGHTS-OF-WAY.—A State to which land is trans23 ferred under this Act shall respect a right-of-way granted

24 by the United States on the land in accordance with the

25 terms and conditions of the right-of-way.
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1 SEC. 4. MANAGEMENT OF LAND TRANSFERRED UNDER

2 THIS ACT.

3 (a) WILDERNESS.—Land transferred under this Act

4 that has been designated by an Act of Congress as wilder5 ness shall be managed by the State as wilderness in ac6 cordance with the requirements of the Wilderness Act (16

7 U.S.C. 1131 et seq.), the law that designated the land as

8 wilderness, and any other Federal law that specifically

9 provides for the management of the land, except that the

10 State shall be substituted for the Secretary as the person

11 with authority and responsibility to manage the land.

12 (b) MILITARY USES.—

13 (1) CONTINUED USE.—Land transferred under

14 this Act that on the date of transfer is subject to use

15 for military purposes shall continue to be subject to

16 the same military uses.

17 (2) LAND SUBJECT TO WITHDRAWAL.—

18 (A) IN GENERAL.—In the case of land

19 transferred to a State under this Act that is

20 subject to a withdrawal from public use for

21 military purposes, the State shall respect the

22 withdrawal and military use for the term of the

23 withdrawal and may not impose any fee or

24 other charge on the United States with respect

25 to the military purpose.
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1 (B) NEGOTIATION AT END OF TERM OF

2 WITHDRAWAL.—At the end of the term of with3 drawal, the Secretary of the military depart4 ment concerned, or the Secretary of Defense,

5 may negotiate with the Governor of the State

6 for the continued use of the land.

7 (C) DECONTAMINATION.—Land for which

8 there is not a continued military use shall be

9 decontaminated by the appropriate Secretary in

10 accordance with the Act of Congress that with11 drew the land for military purposes or the with12 drawal order, if any.

13 (c) RECORDS.—

14 (1) HOLDING BY THE SECRETARY.—The Sec15 retary shall continue to hold all land records of the

16 Secretary with respect to the land transferred to a

17 State under this Act.

18 (2) COPIES TO THE STATE.—The Secretary

19 shall provide to the State full copies of all applicable

20 land records relating to land transferred under this

21 Act.

22 (3) AVAILABILITY TO THE PUBLIC.—The Sec23 retary shall make such records available for public

24 use as the Secretary determines to be appropriate

25 for public disclosure.
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1 (d) INDIAN LAND.—The mineral interests described

2 in section 2(a)(3) shall be transferred from the adminis3 trative jurisdiction of the Bureau of Land Management

4 and shall be held in trust for the Indian tribe for which

5 the overlying surface estate is held in trust.

6 (e) CONTINUED PUBLIC ACCESS.—A State to which

7 land or an interest in land is transferred under this Act

8 shall ensure that the public continues to have access to

9 the land for the purposes of hunting, fishing, and other

10 appropriate recreational activities, in accordance with ap11 plicable Federal and State laws and the principles of mul12 tiple use, to substantially the same extent as on the date

13 of transfer.

14 SEC. 5. WATER RIGHTS.

15 (a) IN GENERAL.—The Secretary shall transfer to a

16 State to which land is transferred under this Act all water

17 rights of the United States associated with the land.

18 (b) CERTAIN RIGHTS NOT AFFECTED.—A transfer

19 of water rights under subsection (a) shall not be construed

20 as—

21 (1) affecting, impairing, diminishing, subordi22 nating, or enlarging—

23 (A) the rights of the United States or any

24 State to water under any international treaty,

25 interstate compact, or existing judicial decree;
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1 (B) any obligation of the United States to

2 Indians or Indian tribes or any claim or right

3 owned or held by or for Indians or Indian

4 tribes, including with respect to any Indian

5 water compact;

6 (C) any right to any quantity of water re7 served or used for governmental purposes or

8 programs of the United States at any time

9 prior to the date of enactment of this Act; or

10 (D) any license or permit issued before the

11 date of enactment of this Act; or

12 (2) as a recognition, disclaimer, relinquishment,

13 or reduction of any water right of the United States

14 reserved or appropriated before the date of enact15 ment of this Act.

16 SEC. 6. REDUCTION IN BUDGET AUTHORITY FOR THE BU17 REAU OF LAND MANAGEMENT.

18 (a) CAP ON OBLIGATIONS AND EXPENDITURES.—Be19 ginning with the fiscal year in which this Act is enacted,

20 not more than $800,000,000 may be obligated or ex21 pended in any fiscal year by the Bureau of Land Manage22 ment in carrying out its duties, functions, and responsibil23 ities under any provision of law.

24 (b) PRIORITY FOR USE OF FISCAL RESOURCES.—

25 The Secretary shall give priority to expending amounts
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1 available to the Bureau of Land Management to land

2 management activities and to carrying out this Act.

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