II

106TH CONGRESS

1ST SESSION S. 826

To limit the acquisition by the United States of land located in a State

in which 25 percent or more of the land in that State is owned by

the United States.

IN THE SENATE OF THE UNITED STATES

APRIL 19, 1999

Mr. THOMAS (for himself, Mr. KYL, and Mr. HELMS) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To limit the acquisition by the United States of land located

in a State in which 25 percent or more of the land

in that State is owned by the United States.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘No Net Loss of Private

5 Lands Act’’.

6 SEC. 2. LIMITATION ON ACQUISITION OF LAND.

7 (a) IN GENERAL.—Notwithstanding any other law,

8 the United States may acquire an interest in 100 or more

9 acres of land within a State described in subsection (c)
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1 only if, before any such acquisition, the United States dis2 poses of the surface estate to land in that State in accord3 ance with subsection (b).

4 (b) DISPOSITION OF SURFACE ESTATE.—The dis5 position of the surface estate in land by the United States

6 qualifies for the purposes of this section if—

7 (1) the value of the surface estate of the land

8 disposed of by the United States is approximately

9 equal to the value of the interest in land subject to

10 this section that is to be acquired by the United

11 States, as determined by the head of the depart12 ment, agency, or independent establishment con13 cerned; and

14 (2) the head of the department, agency, or

15 independent establishment concerned certifies that

16 the United States has disposed of land for the pur17 pose of this section.

18 (c) AFFECTED STATES.—A State is described in this

19 section if—

20 (1) it is 1 of the States of the United States;

21 and

22 (2) 25 percent or more of the land within that

23 State is owned by the United States.

24 (d) ACQUISITION.—For the purpose of this section,

25 the term ‘‘acquire’’ includes acquisition by donation, pur-
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1 chase with donated or appropriated funds, exchange, de2 vise, and condemnation.

3 (e) APPLICABILITY.—This section does not apply

4 to—

5 (1) any land held in trust for the benefit of an

6 Indian tribe or individual or held by an Indian tribe

7 or individual subject to a restriction by the United

8 States against alienation;

9 (2) real property acquired pursuant to a fore10 closure under title 18, United States Code;

11 (3) real property acquired by any department,

12 agency, or independent establishment in its capacity

13 as a receiver, conserver, or liquidating agent which

14 is held by that department, agency, or independent

15 establishment in its capacity as a receiver, conserver,

16 or liquidating agent pending disposal;

17 (4) real property that is subject to seizure, levy,

18 or lien under the Internal Revenue Code of 1986; or

19 (5) real property that is securing a debt owed

20 to the United States.

21 (e) WAIVER.—The head of a department, agency, or

22 instrumentality of the United States may waive the re23 quirements of this section with respect to the acquisition

24 of land by that department, agency, or instrumentality
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1 during any period in which there is in effect a declaration

2 of war or a national emergency declared by the President.

Æ