I
106TH CONGRESS
2D SESSION
H. R. 4135
To facilitate the acquisition of inholdings in Federal land management units
and the disposal of surplus public land, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 2000
Mr. HEFLEY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To facilitate the acquisition of inholdings in Federal land
management units and the disposal of surplus public
land, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Land Trans-
action Facilitation Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the Bureau of Land Management has au-
thority under the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.) to sell
land identified for disposal under its land use plan-
ning;
(2) the Bureau of Land Management has au-
thority under that Act to exchange Federal land for
non-Federal land if the exchange would be in the
public interest;
(3) through land use planning under that Act,
the Bureau of Land Management has identified cer-
tain tracts of public land for disposal;
(4) the Federal land management agencies of
the Departments of the Interior and Agriculture
have authority under existing law to acquire land
consistent with the mission of each agency;
(5) the sale or exchange of land identified for
disposal and the acquisition of certain non-Federal
land from willing landowners would—
(A) allow for the reconfiguration of land
ownership patterns to better facilitate resource
management;
(B) contribute to administrative efficiency
within Federal land management units; and
(C) allow for increased effectiveness of the
allocation of fiscal and human resources within
the Federal land management agencies;
(6) a more expeditious process for disposal and
acquisition of land, established to facilitate a more
effective configuration of land ownership patterns,
would benefit the public interest;
(7) many private individuals own land within
the boundaries of Federal land management units
and desire to sell the land to the Federal Govern-
ment;
(8) such land lies within national parks, na-
tional monuments, national wildlife refuges, national
forests, and other areas designated for special man-
agement;
(9) Federal land management agencies are fac-
ing increased workloads from rapidly growing public
demand for the use of public land, making it dif-
ficult for Federal managers to address problems cre-
ated by the existence of inholdings in many areas;
(10) in many cases, inholders and the Federal
Government would mutually benefit from Federal
acquisition of the land on a priority basis;
(11) proceeds generated from the disposal of
public land may be properly dedicated to the acquisi-
tion of inholdings and other land that will improve
the resource management ability of the Federal land
management agencies and adjoining landowners;
(12) using proceeds generated from the disposal
of public land to purchase inholdings and other such
land from willing sellers would enhance the ability of
the Federal land management agencies to—
(A) work cooperatively with private land-
owners and State and local governments; and
(B) promote consolidation of the ownership
of public and private land in a manner that
would allow for better overall resource manage-
ment;
(13) in certain locations, the sale of public land
that has been identified for disposal is the best way
for the public to receive fair market value for the
land; and
(14) to allow for the least disruption of existing
land and resource management programs, the Bu-
reau of Land Management may use non-Federal en-
tities to prepare appraisal documents for agency re-
view and approval consistent with applicable provi-
sions of the Uniform Standards for Federal Land
Acquisition.
SEC. 3. DEFINITIONS.
In this Act:
(1) EXCEPTIONAL RESOURCE.—The term ‘‘ex-
ceptional resource’’ means a resource of scientific,
historic, cultural, or recreational value that has been
documented by a Federal, State, or local govern-
mental authority, and for which extraordinary con-
servation and protection is required 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 de-
fined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) that on
the date of enactment of this Act was within the
boundary of—
(A) a national monument, area of critical
environmental concern, national conservation
area, national riparian conservation area, na-
tional recreation area, national scenic area, na-
tional volcanic area, research natural area, na-
tional outstanding natural area, or a national
natural landmark managed by the Bureau of
Land Management or under the National For-
est System;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge
System; or
(D) a wilderness area designated under the
Wilderness Act (16 U.S.C. 1131 et seq.), the
Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.), or the National Trails System Act (16
U.S.C. 1241 et seq.), or areas of the National
Forest System designated for special manage-
ment by an Act of Congress,
(3) INHOLDING.—The term ‘‘inholding’’ means
any right, title, or interest, held by a non-Federal
entity, in or to a tract of land that lies within the
boundary of a federally designated area.
(4) PUBLIC
LAND.—The term ‘‘public land’’
means public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702)).
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. IDENTIFICATION OF INHOLDINGS.
(a) IN GENERAL.—The Secretary and the Secretary
of Agriculture shall establish a procedure to—
(1) identify, by State, inholdings for which the
landowner has indicated a desire to sell the land or
an interest in land to the Federal Government; and
(2) establish the date on which the land or in-
terest in land identified became an inholding.
(b) NOTICE OF POLICY.—The Secretary and the Sec-
retary of Agriculture shall provide, in the Federal Register
and through such other means as the Secretaries may de-
termine to be appropriate, periodic notice to the public of
the policy under subsection (a), including any information
required to consider an inholding for acquisition under
section 6.
(c) IDENTIFICATION.—An inholding—
(1) shall be considered for identification under
this section only if the Secretary or the Secretary of
Agriculture receive notification of a desire to sell
from the landowner in response to public notice
given under subsection (b); and
(2) shall be deemed to have been established as
of the later of—
(A) the earlier of—
(i) the date on which the land was
withdrawn from the public domain; or
(ii) the date on which the land was es-
tablished or designated for special manage-
ment; or
(B) the date on which the inholding was
acquired by the current owner.
(d) NO OBLIGATION TO CONVEY OR ACQUIRE.—The
identification of an inholding under this section creates no
obligation on the part of a landowner to convey the
inholding or any obligation on the part of the United
States to acquire the inholding.
SEC. 5. DISPOSAL OF PUBLIC LAND.
(a) IN GENERAL.—The Secretary shall establish a
program, using funds made available under section 6, to
complete appraisals and satisfy other legal requirements
for the sale or exchange of public land identified for dis-
posal under approved land use plans (as in effect on the
date of enactment of this Act) under section 202 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712).
(b) SALE OF PUBLIC LAND.—
(1) IN GENERAL.—The sale of public land so
identified shall be conducted in accordance with sec-
tions 203 and 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713, 1719).
(2) EXCEPTIONS TO COMPETITIVE BIDDING RE-
QUIREMENTS.—The exceptions to competitive bid-
ding requirements under section 203(f) of the Fed-
eral Land Policy and Management Act of 1976 (43
U.S.C. 1713(f)) shall apply to this section in cases
in which the Secretary determines it to be necessary.
(c) REPORT IN PUBLIC LAND STATISTICS.—The Sec-
retary shall provide in the annual publication of Public
Land Statistics, a report of activities under this section.
(d) TERMINATION OF AUTHORITY.—The authority
provided under this section shall terminate 10 years after
the date of enactment of this Act.
SEC. 6. FEDERAL LAND DISPOSAL ACCOUNT.
(a) DEPOSIT OF PROCEEDS.—Notwithstanding any
other law (except a law that specifically provides for a pro-
portion of the proceeds to be distributed to any trust funds
of any States), the gross proceeds of the sale or exchange
of public land under this Act shall be deposited in a sepa-
rate account in the Treasury of the United States to be
known as the ‘‘Federal Land Disposal Account’’.
(b) AVAILABILITY.—Amounts in the Federal Land
Disposal Account shall be available to the Secretary and
the Secretary of Agriculture, without further Act of appro-
priation, to carry out this Act.
(c) USE OF THE FEDERAL LAND DISPOSAL AC-
COUNT.—
(1) IN GENERAL.—Funds in the Federal Land
Disposal Account shall be expended in accordance
with this subsection.
(2) FUND ALLOCATION.—
(A) PURCHASE OF LAND.—Except as au-
thorized under subparagraph (C), funds shall
be used to purchase—
(i) inholdings; and
(ii) land that is adjacent to federally
designated areas and contains exceptional
resources.
(B) INHOLDINGS.—Not less than 80 per-
cent of the funds allocated for the purchase of
land within each State shall be used to acquire
inholdings identified under section 4.
(C) ADMINISTRATIVE
AND
OTHER
EX-
PENSES.—An amount not to exceed 20 percent
of the funds in the Federal Land Disposal Ac-
count shall be used by the Secretary for admin-
istrative and other expenses necessary to carry
out the land disposal program under section 5.
(D) SAME
STATE
PURCHASES.—Of the
amounts not used under subparagraph (C), not
less than 80 percent shall be expended within
the State in which the funds were generated.
Any remaining funds may be expended in any
other State.
(3) PRIORITY.—The Secretary and the Sec-
retary of Agriculture may each develop and use cri-
teria for priority of acquisition that are based on—
(A) the date on which land or interest in
land became an inholding;
(B) the existence of exceptional resources
on the land; and
(C) management efficiency.
(4) BASIS OF SALE.—Any acquisition of land
under this section shall be—
(A) from a willing seller;
(B) contingent on the conveyance of title
acceptable to the Secretary, or the Secretary of
Agriculture in the case of an acquisition of Na-
tional Forest System land, using title standards
of the Attorney General; and
(C) at a price not to exceed fair market
value consistent with applicable provisions of
the Uniform Appraisal Standards for Federal
Land Acquisitions.
(d) CONTAMINATED SITES AND SITES DIFFICULT
AND UNECONOMIC TO MANAGE.—Funds in the Federal
Land Disposal Account shall not be used to purchase land
or an interest in land that, as determined by the Secretary
or the Secretary of Agriculture—
(1) contains a hazardous substance or is other-
wise contaminated; or
(2) because of the location or other characteris-
tics of the land, would be difficult or uneconomic to
manage as Federal land.
(e) LAND AND WATER CONSERVATION FUND ACT.—
Funds made available under this section shall be supple-
mental to any funds appropriated under the Land and
Water Conservation Fund Act (16 U.S.C. 460l–4 et seq.).
(f) TERMINATION.—On termination of activities
under section 5—
(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. 7. SPECIAL PROVISIONS.
(a) IN GENERAL.—Nothing in this Act 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 Act shall not apply to land
eligible for sale under—
(1) Public Law 96–568 (commonly known as
the ‘‘Santini-Burton Act’’) (94 Stat. 3381); or
(2) the Southern Nevada Public Land Manage-
ment Act of 1998 (112 Stat. 2343).
(c) EXCHANGES.—Nothing in this Act precludes, pre-
empts, or limits the authority to exchange land under au-
thorities providing for the exchange of Federal lands, in-
cluding but not limited to—
(1) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); or
(2) the Federal Land Exchange Facilitation Act
of 1988 (102 Stat. 1086) or the amendments made
by that Act.
(d) NO NEW RIGHT OR BENEFIT.—Nothing in this
Act creates a right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the
United States, its agencies, its officers, or any other per-
son.
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