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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4901 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4901

 To maximize land management efficiencies, promote land conservation, 
          generate education funding, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2014

    Mr. Bishop of Utah (for himself and Mr. DeFazio) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
 To maximize land management efficiencies, promote land conservation, 
          generate education funding, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing Conservation and Education 
Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) At statehood, Congress granted each of the western 
        States lands to be held in trust by the States and used for the 
        support of public schools and other public institutions.
            (2) Since the statehood land grants, Congress and the 
        executive branch have created multiple Federal conservation 
        areas on Federal lands within the western States, including 
        national parks, national monuments, national conservation 
        areas, national grasslands, wilderness areas, wilderness study 
        areas, and national wildlife refuges.
            (3) Because statehood land grant lands owned by the western 
        States are typically scattered across the public land, creation 
        of Federal conservation areas often include State land grant 
        parcels with substantially different management mandates, 
        making land and resource management more difficult, expensive, 
        and controversial for both Federal land managers and the 
        western States.
            (4) Allowing the western States to relinquish State trust 
        lands within Federal conservation areas and to select 
        replacement lands from the unappropriated public land within 
        the respective western States, would--
                    (A) enhance management of Federal conservation 
                areas by allowing unified management of such areas; and
                    (B) increase revenue from the statehood land grants 
                for the support of public schools and other worthy 
                public purposes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Application.--The term ``application'' means an 
        application for State relinquishment and selection of lands 
        made under this Act in accordance with section 5.
            (2) Federal conservation area.--The term ``Federal 
        conservation area'' means lands within the outer boundary of--
                    (A) a unit of the National Park System;
                    (B) a unit of the National Wilderness Preservation 
                System;
                    (C) a unit of the National Wildlife Refuge System;
                    (D) a unit of the National Landscape Conservation 
                System; or
                    (E) National Forest System land that have been 
                designated as a national monument, national volcanic 
                monument, national recreation area, national scenic 
                area, inventoried roadless area, unit of the Wild and 
                Scenic Rivers System, or wilderness study area or Land 
                Use Designation II (as described by section 201 of the 
                Tongass Timber Reform Act of 1990 (Public Law 101-
                626)).
            (3) FLPMA.--The term ``FLPMA'' means the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
            (4) Priority conservation unit.--The term ``priority 
        conservation unit'' means the lands within the outer boundary 
        of any unit of the National Wilderness Preservation System or 
        the National Park System.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State land grant parcel.--The term ``State land grant 
        parcel'' means--
                    (A) any land granted to a western State by Congress 
                through a statehood or territorial land grant for the 
                support of public education or other public 
                institutions, or subsequently acquired by the western 
                State for such purpose; or
                    (B) lands granted to the State of Alaska under 
                sections 6 (a), (b), and (k) of the Act of July 7, 1958 
                (commonly known as the ``Alaska Statehood Act''; Public 
                Law 85-508, as amended by the Acts of September 14, 
                1960 and March 25, 1964).
            (7) Unappropriated public land.--
                    (A) In general.--The term ``unappropriated public 
                land'' has the meaning of the term ``public land'' as 
                that term is defined by section 102(e) of FLPMA (43 
                U.S.C. 1702(e)).
                    (B) Exclusions.--The term ``unappropriated public 
                land'' does not include Federal land that is--
                            (i) within a Federal conservation area;
                            (ii) within an area of critical 
                        environmental concern established pursuant to 
                        section 202(c)(3) of FLPMA (43 U.S.C. 
                        1712(c)(3));
                            (iii) within an area identified as having 
                        wilderness characteristics by the Bureau of 
                        Land Management under an approved land use plan 
                        enacted under FLPMA; or
                            (iv) within an area withdrawn or reserved 
                        by an Act of Congress, the President, or Public 
                        Land Order for a particular public purpose or 
                        program, including for the conservation of 
                        natural resources.
            (8) Western state.--The term ``western State'' means any of 
        the States of Alaska, Arizona, California, Colorado, Idaho, 
        Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, 
        Washington, and Wyoming.

SEC. 4. RELINQUISHMENT OF STATE LAND GRANT PARCELS AND SELECTION OF 
              REPLACEMENT LANDS.

    (a) Authority To Select.--In accordance with this Act, upon 
approval by the Secretary of an application under section 5 a western 
State may relinquish to the United States State land grant parcels 
wholly or primarily within Federal conservation areas and select in 
exchange unappropriated public land within the western State.
    (b) Valid Existing Rights.--Land conveyed under this Act shall be 
subject to valid existing rights and each party to which land is 
conveyed shall succeed to the rights and obligations of the conveying 
party with respect to any lease, right-of-way, permit, or other valid 
existing right to which the land is subject.
    (c) Management After Relinquishment.--Any portion of a State land 
grant parcel acquired by the United States under this Act that is 
located within a Federal conservation area shall--
            (1) be incorporated in, and be managed as part of, the 
        Federal conservation area in which the land is located; and
            (2) if located within the National Forest System, be 
        administered by the Secretary of Agriculture in accordance 
        with--
                    (A) the Act of March 1, 1911 (16 U.S.C. 480 et 
                seq.; commonly known as the ``Weeks Law''); or
                    (B) any laws (including regulations) applicable to 
                the National Forest System and the Federal conservation 
                area in which it is located.
    (d) Limitation.--
            (1) In general.--Except as provided in paragraph (2), until 
        a western State has relinquished and conveyed to the United 
        States substantially all of the State land grant parcels 
        located in priority conservation units in that State, the State 
        may not apply to relinquish State land grant parcels in other 
        Federal conservation areas in that State.
            (2) Exception.--The Secretary may waive the limitation in 
        paragraph (1) upon a determination that--
                    (A) a western State has relinquished and conveyed 
                to the United States at least 75 percent, measured by 
                land area, of the State land grant parcels that were 
                located in priority conservation units in that State on 
                the date of the enactment of this Act and not 
                identified for conveyance pursuant to an exchange 
                agreement or other statutory authority; and
                    (B) the relinquishment and conveyance to the United 
                States of substantially all State land grant parcels 
                located in priority conservation units in that State is 
                impractical or infeasible.

SEC. 5. PROCESS.

    (a) Process for Application.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and in accordance with this section, 
        the Secretary shall create a process by which the western 
        States may request the relinquishment of State land grant 
        parcels inside Federal conservation areas and select 
        unappropriated public lands in exchange therefor.
            (2) Timing.--The process established by the Secretary under 
        this section shall ensure that the relinquishment of State land 
        grant parcels and the conveyance of unappropriated public land 
        is concurrent.
    (b) Public Notice.--Prior to accepting or conveying any land under 
this Act, the Secretary shall provide public notice and an opportunity 
to comment on the proposed conveyances between the western State and 
the United States.
    (c) Environmental Analysis.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the Secretary shall acquire State land grant 
        parcels and convey unappropriated public land under this Act in 
        accordance with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4331 et seq.); and
                    (B) other applicable laws.
            (2) Environmental assessment or environmental impact 
        statement.--In preparing an environmental assessment or 
        environmental impact statement pursuant to section 102(2) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)) for the acquisition of State land grant parcels and 
        the conveyance of unappropriated public land under this Act, 
        the Secretary is not required to study, develop, and describe 
        more than--
                    (A) the proposed agency action; and
                    (B) the alternative of no action.
    (d) Agreements With States.--The Secretary is authorized to enter 
into cooperative agreements with any of the western States to 
facilitate processing of applications and conveyance of selected lands.
    (e) Approval or Rejection.--The Secretary--
            (1) shall issue a final determination on an application not 
        later than three years after a western State submits that 
        application to the Secretary;
            (2) may approve an application in whole or in part, or as 
        modified by the Secretary as necessary to balance the equities 
        of the States and interest of the public;
            (3) shall not accept an application under this Act for 
        selection of any parcel of unappropriated public land that in 
        the judgment of the Secretary--
                    (A) is not reasonably compact and consolidated; or
                    (B) will create significant management conflicts 
                with respect to the management of adjacent Federal 
                land;
            (4) shall not accept any State land grant parcels that, in 
        the judgment of the Secretary, are not suitable for inclusion 
        in a Federal conservation area;
            (5) shall, prior to approving an application, consult with 
        the head of any Federal agency with jurisdiction over Federal 
        land--
                    (A) within which a western State proposes to 
                relinquish a State land grant parcel; or
                    (B) that is adjacent to unappropriated public land 
                proposed for conveyance to a western State; and
            (6) shall convey any Federal lands approved for selection 
        not later than 90 days after entering into a final agreement 
        between the Secretary and the western State on the lands to be 
        conveyed, subject to such other terms and conditions as may be 
        appropriate.
    (f) Conveyance by Western State.--
            (1) In general.--The conveyance of any State land grant 
        parcel under this Act shall be by patent or deed acceptable to 
        the Secretary.
            (2) Concurrence.--The Secretary of Agriculture shall concur 
        in any determination to accept the conveyance of a State land 
        grant parcel within the boundaries of any unit of the National 
        Forest System.
    (g) Conveyance by United States.--The conveyance of unappropriated 
public land by the United States shall include such terms and 
conditions as the Secretary may require.

SEC. 6. MINERAL LANDS.

    (a) Selection and Conveyance.--
            (1) In general.--Subject to the provisions of this Act, a 
        western State may select, and the Secretary may convey, lands 
        that are mineral in character under this Act.
            (2) Exclusion.--A western State may not select, and the 
        Secretary may not convey--
                    (A) land that includes only a portion of a mineral 
                lease or permit; or
                    (B) only the Federal mineral estate, unless the 
                United States does not own the associated surface 
                estate.
    (b) Mining Claims.--
            (1) In general.--To facilitate the conversion of Federal 
        mining claims to State mining leases on land selected by a 
        western State, a Federal mining claimant may file with the 
        Secretary a voluntary relinquishment of a Federal mining claim 
        conditioned on conveyance of the land to the western State.
            (2) No relinquishment.--If the land subject to a Federal 
        mining claim for which a conditional relinquishment has been 
        filed with the Secretary is not conveyed to the western State 
        under this Act, the conditional relinquishment of land under 
        paragraph (1) shall be of no effect.

SEC. 7. CONSTRUCTION WITH OTHER LAWS.

    (a) Consideration.--In the application of laws, regulations, and 
policies relating to selections made under this Act, the Secretary 
shall consider the equities of the western States and the interest of 
the public.
    (b) Presumption of Plan Adequacy.--Unless a land use plan enacted 
under section 202 of FLPMA (43 U.S.C. 1712) specifically identifies 
significant public values that would be lost or substantially impaired 
due to the conveyance of unappropriated public land to a western State, 
any western State selection under this Act shall be deemed to be in 
compliance with such plan even if the selected land is not otherwise 
identified for disposal.

SEC. 8. VALUATION.

    (a) Equal Value.--The overall value of the State land grant parcels 
and the unappropriated public land to be conveyed shall be equal, or if 
they are not equal, the values shall be equalized by the payment of 
money to the western State or to the Secretary as the circumstances 
require, so long as payment does not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership.
    (b) Low Value Parcels.--If a western State and the Secretary agree 
that the market value of a State land grant parcel or a parcel of 
unappropriated public land is less than $300 per acre, the Secretary 
may use a summary appraisal or statement of value made by a qualified 
appraiser in accordance with Internal Revenue Service standards instead 
of an appraisal compliant with the Uniform Appraisal Standards for 
Federal Land Acquisition.
    (c) Ledger Accounts.--The Secretary and any western State may agree 
to use a ledger account to make equal the value of lands relinquished 
by the western State and conveyed by the United States to the western 
State under this Act.
    (d) Costs.--The Secretary or the western State may, in accordance 
with section 206(f)(2)(B) of FLPMA (43 U.S.C. 1716(f)(2)(B))--
            (1) assume costs or other responsibilities or requirements 
        for conveying land under this Act that ordinarily are borne by 
        the other party; and
            (2) make adjustments to the relative values involved in the 
        conveyance of land under this Act to compensate the Secretary 
        or the western State for assuming such costs or other 
        responsibilities or requirements.
    (e) Adjustment.--If value is attributed to any parcel of Federal 
land that has been selected by a western State because of the presence 
of minerals under a lease pursuant to the Mineral Lands Leasing Act (30 
U.S.C. 191 et seq.) that is in a producing or producible status, and 
the lease is to be conveyed under this Act, the value of such parcel 
shall be reduced by the percentage which represents the likely Federal 
revenue sharing obligation under the Mineral Lands Leasing Act, but 
such adjustment shall not be considered as reflecting a property right 
of the western State.

SEC. 9. MISCELLANEOUS PROVISIONS.

    (a) Hazardous Materials.--The Secretary and the western States 
shall make available for review and inspection any record relating to 
hazardous materials on land to be conveyed under this Act.
    (b) Appurtenant Water Rights.--Any conveyance of a State land grant 
parcel or unappropriated public land under this Act may include the 
conveyance of water rights appurtenant to the land conveyed.
    (c) Grazing Permits.--
            (1) In general.--If land conveyed under this Act is subject 
        to a lease, permit, or contract for the grazing of domestic 
        livestock in effect on the date of the conveyance, the 
        Secretary (or the Secretary of Agriculture for lands located 
        within the National Forest System) and the western State shall 
        allow the grazing to continue for the remainder of the term of 
        the lease, permit, or contract, subject to the related terms 
        and conditions of user agreements, including permitted stocking 
        rates, grazing fee levels, access rights, and ownership and use 
        of range improvements.
            (2) Renewal.--On expiration of any grazing lease, permit, 
        or contract described in paragraph (1), the party that has 
        jurisdiction over the land on the date of expiration may elect 
        to renew the lease, permit, or contract if permitted under 
        applicable law.
            (3) Cancellation.--
                    (A) In general.--Nothing in this Act shall prevent 
                the Secretary (or the Secretary of Agriculture for 
                lands located within the National Forest System) or the 
                western State from canceling or modifying a grazing 
                permit, lease, or contract if the land subject to the 
                permit, lease, or contract is sold, conveyed, 
                transferred, or leased for nongrazing purposes.
                    (B) Limitation.--Except to the extent reasonably 
                necessary to accommodate surface operations in support 
                of mineral development, the Secretary (or the Secretary 
                of Agriculture for lands located within the National 
                Forest System) or the western State shall not cancel or 
                modify a grazing permit, lease, or contract for land 
                conveyed pursuant to this Act because the land subject 
                to the permit, lease, or contract has been leased for 
                mineral development.
            (4) Base properties.--If land conveyed by the western State 
        under this Act is used by a grazing permittee or lessee to meet 
        the base property requirements for a Federal grazing permit or 
        lease, the land shall continue to qualify as a base property 
        for the remaining term of the lease or permit and the term of 
        any renewal or extension of the lease or permit.

SEC. 10. TERMINATION OF AUTHORITY.

    The provisions of this Act shall cease to be effective with regard 
to any State land grant parcel located within a Federal conservation 
area for which an application has not been filed by the date that is 10 
years after the date of the enactment of this Act unless that 
application is for a State land grant parcel that is located within a 
Federal conservation area established after the date of enactment of 
this Act, in which case the provisions of this Act will remain 
effective for 10 years after the date on which the Federal conservation 
area is established.

SEC. 11. SAVINGS PROVISIONS.

    Nothing in this Act shall be deemed to repeal or limit, expressly 
or by implication, any existing authority for the selection or exchange 
of lands.
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