I
104TH CONGRESS
1ST SESSION
H. R. 2466
To improve the process for land exchanges with the Forest Service and
the Bureau of Land Management.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 1995
Mr. HANSEN introduced the following bill; which was referred to the Commit-
tee on Resources, and in addition to the Committee on Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To improve the process for land exchanges with the Forest
Service and the Bureau of Land Management.
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 Ex-
change Improvement Act of 1995’’.
SEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL
VALUE TREATMENT.
Section 206(h)(1)(A) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(h)(1)(A)) is
amended by striking out ‘‘$150,000’’ and inserting in lieu
thereof ‘‘$500,000, adjusted annually on a fiscal year
basis commencing in fiscal year 1997 by the average
change over the previous fiscal year of the Consumer Price
Index (all items—United States city average) published
monthly by the Bureau of Labor Statistics’’.
SEC. 3. USE OF FUNDS.
Section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(2)(A) Amounts received by the Secretary concerned
under paragraph (1) shall be deposited in a special fund
in the Treasury of the United States, subject to subpara-
graph (B). Such amounts shall, subject to the availability
of appropriations, be available to the Secretary concerned
for processing land exchanges.
‘‘(B) Amounts in the fund referred to in subpara-
graph (A) may not exceed $12,000,000 at any time.
Amounts received by the Secretary concerned under this
section which, but for this subparagraph, would be added
to such fund shall instead be covered over into the Treas-
ury of the United States as miscellaneous receipts.’’.
SEC. 4. EXCHANGE PROCESSING.
Section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716), as amended by
section 3, is further amended by adding at the end the
following paragraph:
‘‘(3)(A)(i) An environmental assessment shall
be the document prepared for any exchange under
this Act pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)).
‘‘(ii) Any conferencing or consultation required
for an exchange under this Act pursuant to section
7(a) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)) shall be completed within 45 days
after the date on which the conferencing or consulta-
tion is initiated.
‘‘(iii) After completion of an exchange under
this Act, no action may be taken on the non-Federal
land acquired in an exchange until the Secretary
concerned has complied with section 102(2) of the
National Environmental Policy Act of 1969 and sec-
tion 7(a) of the Endangered Species Act of 1973
concerning such action, and any necessary amend-
ment to the land management plan applicable to
such land and such action.
‘‘(B) The Secretary shall complete processing,
and make a final decision, on any exchange under
this Act within one year from the date of submission
of the application for the exchange.
‘‘(C) The non-Federal land to be included in
any exchange under this Act shall be valued without
the application of any Federal or State restriction
concerning an environmental value or resource the
protection of which is considered by the Secretary
concerned as a public benefit to be obtained by the
exchange.’’.
SEC. 5. MINOR BOUNDARY ADJUSTMENTS.
Section 206 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716) is amended by adding
at the end thereof the following:
‘‘(j) Notwithstanding the other provisions of this Act
and other applicable laws which require that exchanges of
land or interests therein be for equal or approximately
equal value, the Secretary concerned may dispose of lands
by exchange to make such minor adjustments to the
boundary of a unit of the public lands or the National
Forest System as may be necessary to reflect actual condi-
tions in the unit which are not of comparable character
to the unit. In making such adjustments, the amount of
land added to the unit may not exceed the amount of land
removed from the unit.’’.
SEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OR-
EGON AND CALIFORNIA RAILROAD GRANT
LANDS ADMINISTERED BY THE SECRETARY
OF AGRICULTURE.
Subsection (a) of the first section of the Act entitled
‘‘An Act relating to the administrative jurisdiction of cer-
tain public lands in the State of Oregon, and for other
purposes’’, approved June 24, 1954 (43 U.S.C. 1181g(a)),
is amended by striking out the last sentence.
SEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE
OF LANDS TO BE CONVEYED.
The first section of the Act entitled ‘‘An Act to facili-
tate exchanges of land under the Act of March 20,
1922(42 Stat. 465), for use for public schools, and for
other purposes’’, approved December 4, 1967 (16 U.S.C.
484a), is amended by striking out ‘‘on the date of enact-
ment of this sentence’’ and inserting in lieu thereof ‘‘for
the five-year period ending on the date of conveyance’’.
SEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS
UNDER 
BANKHEAD-JONES 
FARM 
TENANT
ACT.
The Bankhead-Jones Farm Tenant Act is amended
in section 32(c) (7 U.S.C. 1011(c)) by adding at the end
the following: ‘‘The Secretary may waive the requirements
of this paragraph that lands be sold, exchanged, or grant-
ed only to public authorities and agencies and only on con-
dition that the property is used for public purposes after
the Secretary consults with the head of any other Federal
agency that has a property interest in the lands, such as
a federally-owned building or other improvements.’’.
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